Belchertown City Zoning Code
ARTICLE XV
Agricultural Value-Added District
§ 145-82 Purpose.
The Agricultural Value-Added District is intended to support and promote local agricultural activity and the retention of active farmland, and farmland of local importance as defined by the US Natural Resource Conservation Service, by providing economic and educational opportunities to add commercial value to local agricultural products. Its design is to provide a base of economic activity and an aesthetic that reflects the Town's agricultural heritage, and to provide supportive infrastructure for new agricultural technologies. Lot dimensions in the AV-A District may vary from those required in other districts pursuant to Article V of this chapter. This is to accommodate current development technologies in the areas of energy efficiency, water conservation, stormwater management, transportation, and building design and construction.
A.
The purposes of the Agricultural Value-Added District are:
(2)
To provide opportunities for farmers seeking to process products they grow;
(3)
To provide opportunities for marketing assistance and education;
(4)
To promote the retention of farmland in Belchertown;
(5)
To assist in developing a locally grown food supply;
(6)
To reduce local food insecurity;
(7)
To attract more people to the agricultural economy;
B.
Benefits and objectives of the Agricultural Value-Added District:
(1)
Better marketing, employment, and educational opportunities for agricultural producers in Belchertown.
(2)
More local economic activity that is agriculturally based.
(3)
Increased financial feasibility for landowners to keep farmland in agriculture by support of the agricultural sector.
(4)
Increased food security by providing local people with locally grown food.
(5)
Retention and celebration of community character and history through continuation of Belchertown's history of local agricultural prominence.
§ 145-83 Definitions.
Turning farm products into commercial products through activities such as baking, butchering, brewing, fermenting, and pickling, whether for wholesale or retail.
Processing necessary to store and market farm products. Basic processing does not include treatment that changes the form of the product, but does include treatment such as cutting, drying, freezing or cold storing, and packaging.
The use of a building or portion of a building designed and used exclusively for the housing of farm workers who actively and currently farm on land associated with that housing for at least six months out of the year. Farm worker housing may be used to accommodate people directly connected to one of the farm worker residents. This is not to be used for short-term rentals or permanent residency.
Treatment that changes the physical state or form of a farm product in order to increase its market value, including such processes as canning, milling, grinding, freezing, heating, and fermenting.
§ 145-84 Development method.
Site plan approval by the Planning Board is required for any new construction, the addition of over 400 square feet to a structure, or change in use of an existing structure in the Agricultural Value-Added District. The Planning Board may require a deposit of money in escrow to guarantee performance of the development and cover municipal expenses in case of nonperformance or any public necessity on the site.
§ 145-85 Administration.
A.
To facilitate timely processing, promote better communication and avoid misunderstanding, applicants are encouraged to submit conceptual materials for informal review by the Planning Board prior to formal application for site plan approval.
B.
Site plan approval submission requirements. Each Agricultural Value-Added District site plan approval application and plan shall provide the following information:
(1)
The location and specific boundaries of the project parcel or parcels.
(2)
Signatures of authorized representatives of each entity with ownership interest and each applicant or applicants' agent involved in the project.
(3)
Written approval from the appropriate governing body certifying the ability to connect to a public sewage system and a public water supply; or approval from the Belchertown Board of Health and other regulating entities to provide either or both private sewerage and water supply.
(4)
Copies of all proposed covenants, easements, agreements and other restrictions the applicant proposes, in draft guideline form, not in final legal form.
(5)
Demonstration that the proposed development is consistent with this article.
(6)
Any and all other information the Planning Board may require to assist in determining whether the project site plan meets the objectives and standards as set forth in this article.
C.
Review and approval process.
(1)
The review, notice, and public hearing process for site plan approval in the Agricultural Value-Added District shall be conducted in the same manner as would those of a special permit. After notice and public hearing in accordance with MGL c. 40A, § 9, as amended, the Planning Board shall, after due consideration of the reports and recommendations of the Conservation Commission, Board of Health, Select Board, Director of Public Works, Town Engineer, Belchertown Water District, and any other technical reviewing authority, approve a site plan, provided that the conditions and standards of this article have been adequately met. The Planning Board may impose reasonable conditions on its approval to ensure compliance with the conditions and standards of this article. The Planning Board's decision may be appealed pursuant to MGL c. 40A, § 17.
(2)
Site plan approval granted under this article shall lapse within 24 months from the date the site plan approval decision is filed with the Town Clerk if construction has not begun or is not continuing to proceed, or, where construction is not required, if substantial use of the property in accordance with the site approval has not commenced, except for a good cause shown with an extension approved by the Planning Board. The applicant must apply for an extension at least 30 days prior to the expiration of the site plan approval.
(3)
Strict compliance with any zoning bylaw governing any individual aspect of a site plan under this article may be waived by the Planning Board where such action is not detrimental to the public good. In such cases, any waiver on a site plan with approval from the Planning Board supersedes the individual bylaw governing the waiver. If the applicant requests a waiver, it is incumbent upon the applicant to demonstrate how the proposed waiver is not detrimental to the public good. The Planning Board reserves the right to waive a requirement or requirements when the Board deems it appropriate to do so, even if the applicant does not request a waiver.
D.
Fees.
(1)
Same as the site plan fee that is current at the time of application.
(2)
The applicant shall pay all costs incurred by the Planning Board and for all consultants used by the Planning Board in considering the application for site plan approval, including but not limited to engineering, design, and legal services. The Planning Board may require a deposit of funds prior to incurring such costs, which funds shall be deposited and expended pursuant to MGL c. 44, § 53G, and may require that such funds be replenished as needed. The failure or refusal of an applicant to make such payments shall constitute grounds for denial of the application.
§ 145-86 Dimensional standards.
Lots and buildings in the Agricultural Value-Added District shall meet dimensional standards that are appropriate to establish the desired form, mass, public space, and service needs of the proposed use of the site, notwithstanding the requirements of Article V of this chapter. Recommended standards to establish a design basis are the following:
§ 145-87 Development design.
B.
Overall district design requirements.
(1)
Pedestrian accommodations shall take precedence over vehicular accommodations.
(2)
Parking should be shared as much as possible to minimize curb cuts.
(3)
Solar canopies should be considered for parking lots.
(4)
Lighting must provide a safe pedestrian environment and minimize light trespass. Lights must be aimed downward and not have exposed light sources.
(5)
Landscaping must use only plants native to this region. All reasonable attempts must be made to preserve healthy specimen trees.
C.
Building design requirements.
(1)
Building design must be consistent with the Planning Board's Commercial Development Design Guidelines and take into account the National and State registered Historic Agricultural Viewscape within the district.
(2)
Buildings should meet or exceed LEED or comparable green building standards for energy efficiency to the greatest extent possible and economically feasible.
§ 145-88 Use standards.
Schedule of uses permitted by right within the Agricultural Value-Added District.
A.
Conference center or event space.
B.
Agricultural manufacturing, basic agricultural processing, and value-added agricultural processing as defined in § 145-83.
C.
Commercial food processing.
D.
Business incubator for agricultural products.
E.
Retail or wholesale outlets for agricultural products.
F.
Commercial enterprise that links agricultural production with tourism in order to attract visitors to Belchertown.
G.
Restaurant.
H.
Brew pub, microbrewery, smaller brewery or winery, tasting room.
I.
Distillery, tasting room.
J.
Educational uses related to agricultural production or food systems.
K.
Farm worker housing.
L.
Art or craft center.
M.
Laboratory, research, development, and manufacturing of agricultural products.
§ 145-89 Other standards.
A.
All individual lots in the Agricultural Value-Added District must have frontage either on interior private ways or on public ways. Interior private ways must be approved by the Planning Board on a site plan recorded at the Hampshire Registry of Deeds that demonstrates such private way as providing frontage. Deeded rights-of-way and any easements must be approved by the planning board and recorded at the Hampshire Registry of Deeds prior to any interior road is deemed as providing frontage.
B.
Signs.
(1)
Recognizing that signage needs vary, sign size may vary by business or use in the district. The maximum allowed size for an individual sign in an Agricultural Value-Added District is 80 square feet, with the total signage area for an individual building or enterprise being 100 square feet.
(2)
Within a Agricultural Value-Added District, intersection directional signs may be erected with arrows indicating the businesses reached via the cross street, with each business sign not exceeding six inches high by 36 inches long, including the arrow.
(3)
Except as provided in § 145-89B(1) and (2), signs shall conform with Article VI, General Regulations, § 145-22, Signs, of this chapter.
C.
Parking.
(1)
Parking areas shared by uses are strongly encouraged. Privately held common parking may be restricted to designated users.
(2)
Parking areas should include electric car charging stations and solar canopies. The canopies are to be designed as shed roofs for maximum solar gain without detracting from the character of the historic agricultural view.
(3)
Parking and loading requirements should be appropriate to the proposed use so to be adequate for such use while not being excessive.
D.
Nuisances. Allowed uses shall not be conducted so as to constitute a nuisance to the occupants of the surrounding area, including but not limited to unsightliness, excess emission of odors, waste, dust, fumes, smoke, noise, vibration, heat, glare, or toxic gases.
E.
Traffic and trip generation evaluation must be included in each site plan application. Truck access and maneuvering must be shown on any site plan.
F.
Energy efficiency - On-site generation of solar, geothermal, or other nonpolluting renewable source is strongly encouraged.
G.
Lighting must meet Dark Sky standards and not shine off the user's site. There shall not be any light sources directly visible from other properties.
H.
Animals must be humanely secured and kept from disturbing the public or neighboring sites.
I.
Non-car transportation must be accommodated, e.g., bicycle facilities, pedestrian accessibility, van loading and unloading.
§ 145-90 Amendments; recording of plan.
A.
Minor amendments to site plan approval may be granted by the Planning Board upon application and for good cause shown but without necessity of a public hearing; provided, however, that any of the following shall be considered a major amendment and shall be acted upon under the procedures applicable to the initial site plan approval:
B.
An approved site plan showing the signatures of a majority of the Belchertown Planning Board must be recorded at the Hampshire Registry of Deeds.
§ 145-91 Severability.
A determination that any specific portion of this Article XV is invalid shall not render any other part thereof invalid.