Carver, MA Zoning Ordinance

Carver City Zoning Code

PART 3

GENERAL REGULATIONS

[Added 4-11-2023 ATM by Art. 28]

§ 290-3-0.1 Purposes.

The purposes of this article are to promote the public health, safety, and welfare by encouraging diversity of housing opportunities in the Town; to provide for a full range of housing choices throughout the Town for households of all incomes, ages, and sizes in order to meet the Town's goal of preserving its character and diversity; to mitigate the impact of residential development on the availability and cost of housing, especially housing affordable to low and moderate income households; to increase the production of affordable housing units to meet existing and anticipated housing needs within the Town; to provide a mechanism by which residential development can contribute directly to increasing the supply of affordable housing in exchange for a greater density of development than that which is permitted as a matter of right; and to establish requirements, standards, and guidelines for the use of such contributions generated from the application of inclusionary housing provisions.

§ 290-3-0.2 Definitions.

ELIGIBLE HOUSEHOLD

shall mean: For rental housing, any household whose total income does not exceed 80 percent of the median income for households in the Massachusetts Department of Housing and Community Development (DHCD) designated statistical area that includes the Town at the time of rental of Inclusionary Units and adjusted for household size; and in the case of for-sale housing, any household whose total income does not exceed 120 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of marketing of Inclusionary Units and adjusted for household size, which is defined as the number of bedrooms plus one.

HOUSING TRUST

the Carver Municipal Affordable Housing Trust Fund, as established by the Town for the purpose of creating and preserving affordable housing in the Town, pursuant to M.G.L. Chapter 40 § 55C.[1]

INCLUSIONARY UNIT(S)

shall mean any finished dwelling unit required to be for sale or rental under this article of the zoning ordinance.

For Inclusionary Units that are rented to Eligible Households, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the monthly income of an Eligible Household, assuming 1.5 persons per bedroom, except in the event of an Eligible Household with a Section 8 or other rent subsidy voucher in which case the rent and income limits established by the Housing Authority, with the approval of the DHCD, shall apply.

For Inclusionary Units that are sold to Eligible Households, the sales price of an Inclusionary Unit shall be affordable to a household earning 70 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of marketing of the Inclusionary Unit and adjusted for household size. The sales price shall then be determined from a calculation which limits the monthly housing payment for mortgage principal and interest, private mortgage insurance, property taxes, condominium or homeowner's association fees, insurance, and parking to not more than 30 percent of the monthly income of an appropriately sized household at the time of marketing of the Inclusionary Unit.

Where fewer than three Inclusionary Units are provided in a development under this article Inclusionary Units required to be offered for sale shall be provided to Eligible Households with median incomes of not more than 80 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of marketing of Inclusionary Units and adjusted for household size.

Where three or more Inclusionary Units are provided in a development under this article, two-thirds of the Inclusionary Units required to be offered for sale shall be provided to Eligible Households with median incomes of not more than 80 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of marketing of Inclusionary Units and adjusted for household size. One-third of the Inclusionary Units required to be offered for sale shall be provided to Eligible Households with median incomes of not more than 120 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of marketing of Inclusionary Units and adjusted for household size.

Where two or more Inclusionary Units are provided in a development under this article, Inclusionary Units required to be offered for rental shall be provided to Eligible Households such that the mean income of Eligible Households in the development does not exceed 65 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of rental of Inclusionary Units and adjusted for household size. Where one Inclusionary Unit is provided in a development under this article, the Inclusionary Units required to be offered for rental shall be provided to an Eligible Household with a median income of not more than 80 percent of the median income for households in the DHCD designated statistical area that includes the Town at the time of rental of Inclusionary Units and adjusted for household size.

[1]

Editor's Note: So in original. See MGL c. 44, § 55C.

§ 290-3-0.3 Scope; Monitoring.

Where a special permit is required under these Ordinances for residential development or for a business or mixed-use development that includes residential development beyond that allowable as of right or where the development is proposed to include or may include new or additional dwelling units totaling more than two households whether by new construction, rehabilitation, conversion of a building or structure, or an open space preservation development, the development shall be subject to the inclusionary zoning provisions of this article. This inclusionary zoning article does not apply to accessory units or hotel/motel units.

Inclusionary units created under these bylaws shall be monitored by a responsible agency such as the Carver Housing Authority or another entity as designated by the Planning Board.

§ 290-3-0.4 Inclusionary Units; Bonus Units.

Where a special permit is required for development as described in this article, 15 percent of the units proposed for the development shall be Inclusionary Units and shall be reserved for sale or rental to Eligible Households. In the case of an existing residential property the inclusionary requirement shall be 15 percent of the net new units to be created on the property. For purposes of calculating the number of Inclusionary Units required in a proposed development, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

In order to mitigate the costs of this requirement, developments covered by this article, excepting conventional subdivisions, shall be allowed a bonus of one Market Rate unit of the same bedroom size for each Inclusionary Unit provided.

At the discretion of the Applicant, a development may include more than 15 percent of its units as Inclusionary Units. Inclusionary Units shall be offered for sale or rental in the same proportion of the total units as the offer for sale or rental of Market Rate units in the development.

To facilitate the objectives of this article, modifications to the dimensional requirements in any zoning district shall be permitted as of right for an Inclusionary Project, as set forth below:

(1)

The minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to permit up to one additional unit on the lot for each Inclusionary Unit required.

(2)

There shall be no bonus units provided for a conventional subdivision.

§ 290-3-0.5 Cash Payment.

Where the total number of dwelling units proposed in the development will not exceed six units, the Applicant may make a cash payment equal to 1.5 percent of the sales price at closing of each unit as verified by the Planning Department or if rental housing, the cash payment shall be equal to 1.5 percent of the estimated, assessed value of each unit as determined by the Town Assessor, in lieu of Inclusionary Units as provided in this article. Certificates of Occupancy for the property shall not be issued until the cash payment has been made as verified by the Planning Department. This payment shall be made to the Housing Trust and shall be used exclusively for construction, purchase, or rehabilitation of housing for Eligible Households. The Treasurer-Collector shall annually review payments to the fund and use of the proceeds and shall certify to the Select Board that proceeds have been used for the purposes stated herein.

§ 290-3-0.6 Off-Site Development.

Where an Applicant has entered into a development agreement with a non-profit housing development organization, Inclusionary Units otherwise required to be constructed onsite and within the development may be constructed or rehabilitated off site, the Applicant and the non-profit housing development organization must submit a development plan for off-site development for review and comment by the Planning Department prior to submission to the Planning Board. The plan must include at a minimum, demonstration of site control, necessary financing in place to complete the off-site development or rehabilitation, an architect's conceptual site plan with unit designs and architectural elevations, and agreement that the off-site units will comply with this bylaw.

As a condition of granting a special permit for the Applicant's development, the Planning Board shall require that off-site Inclusionary Units shall be completed no later than completion of the Applicant's Market Rate Units. If the off-site Inclusionary Units are not completed as required within that time, temporary and final occupancy permits shall not be granted for the number of Market Rate Units equal to the number of off-site Inclusionary Units which have not been completed.

Where the Planning Board determines that completion of off-site Inclusionary Units has been delayed for extraordinary reasons beyond the reasonable control of the Applicant and non-profit housing developer, the Planning Board may, in its discretion, permit the Applicant to post a monetary bond and release one or more Market Rate Units. The amount of the bond shall be sufficient in the determination of the Planning Department to assure completion of the off-site Inclusionary Units.

§ 290-3-0.7 Design and Construction.

In all cases, Inclusionary Units shall be fully built out and finished dwelling units. Inclusionary Units provided on site must be dispersed throughout the development and must be sited in no less desirable locations than the Market Rate Units and have exteriors that are indistinguishable in design and of equivalent materials to the exteriors of Market Rate Units in the development, and satisfy the following conditions:

Inclusionary Units shall have habitable space of not less than 650 square feet for a one bedroom unit and an additional 300 square feet for each additional bedroom or 60 percent of the average square footage of the Market Rate Units with the same number of bedrooms, whichever is greater; provided that Inclusionary Units shall not exceed 2,000 square feet of habitable space;

The bedroom mix of inclusionary units shall be equal to the bedroom mix of the Market Rate Units in the development. In the event that Market Rate Units are not finished with defined bedrooms, all Inclusionary Units shall have three bedrooms;

The materials used and the quality of construction for Inclusionary Units, including heating, ventilation, and air conditioning systems, shall be equal to that of the Market Rate Units in the development, as reviewed by the Planning Department; provided that amenities such as so-called designer or high end appliances and fixtures need not be provided for Inclusionary Units.

§ 290-3-0.8 Habitable Space Requirements.

The total habitable space of Inclusionary Units in a proposed development shall not be less than 10 percent of the sum of the total habitable space of all Market Rate Units and all Inclusionary Units in the proposed development. As part of the application for a special permit under this article, the Applicant shall submit a proposal including the calculation of habitable space for all Market Rate and Inclusionary Units to the Planning Department for its review and certification of compliance with this article as a condition to the grant of a special permit.

§ 290-3-0.9 Inclusionary Housing Plans and Covenants.

As part of the application for a special permit under this article, the Applicant shall submit an inclusionary housing plan that shall be reviewed by the Housing Authority and the Planning Department and certified as compliant by the Planning Department. The plan shall include the following provisions:

A description of the Inclusionary Units including at a minimum, floor plans indicating the location of the Inclusionary Units, number of bedrooms per unit for all units in the development, square footage of each unit in the development, amenities to be provided, projected sales prices or rent levels for all units in the development, and an outline of construction specifications certified by the Applicant;

A marketing and resident selection plan which includes an affirmative fair housing marketing program, including public notice and a disinterested resident selection process; provided that in the case of a marketing and selection for sale of Inclusionary Units to Eligible Households, the marketing and selection plan shall provide for "income blind" selection of Eligible Households and shall then provide for a preference order, to the extent permitted bylaw, first to Town employees and then to residents of or workers in the Town. In lieu of submitting a marketing and resident selection plan under this subsection, the Applicant may use a standard form marketing and resident selection plan developed by the Planning Department.

Agreement by the Applicant that residents shall be selected at both initial sale and rental and all subsequent sales and rentals from listings of Eligible Households in accordance with the approved marketing and resident selection plan; provided that the listing of Eligible Households for inclusionary rental units shall be developed, advertised, and maintained by the Housing Authority while the listing of Eligible Households for Inclusionary Units to be sold shall be developed, advertised, and maintained by the Planning Department; and provided further that the Applicant shall pay the reasonable cost to develop, advertise, and maintain the listings of Eligible Households.

Agreement by the Applicant to develop, advertise, and provide a supplemental listing of Eligible Households to be used to the extent that Inclusionary Units are not fully subscribed from the Housing Authority or the Planning Department listings of Eligible Households;

Agreement that any special permit issued under this article shall require the Applicant to execute and record a covenant in the Registry of Deeds or the Land Court Registry of Deeds for the County as the senior interest in title for each Inclusionary Unit and enduring for the life of the residential development, as follows:

(1)

For purchase units, a covenant to be filed at the time of conveyance and running in favor of the Town, in a form approved by the Town Counsel, which shall limit initial sale and subsequent re-sales of Inclusionary Units to Eligible Households in accordance with provisions reviewed and approved by the Planning Department which incorporate appropriate sections of this ordinance;

(2)

For rental units, a covenant to be filed prior to grant of an occupancy permit and running in favor of the Town, in a form approved by the Town Counsel, which shall limit rental of Inclusionary Units to Eligible Households in accordance with provisions reviewed and approved by the Housing Authority which incorporate appropriate sections of this bylaw.

§ 290-3-0.10 Public Funding Limitation.

The intent of this article is that an Applicant is not to use public funds to construct Inclusionary Units required under this article; this provision however, is not intended to discourage the use of public funds to generate a greater number of affordable units than are otherwise required by this article. If the Applicant is a non-profit housing development organization and proposes housing at least 50 percent of which is affordable to Eligible Households, it is exempt from this limitation.

§ 290-3-0.11 Elder Housing with Services.

In order to provide affordable elder housing with services on-site, the following requirements shall apply exclusively when an Applicant seeks a special permit for housing with services designed primarily for elders such as residential care, congregate care, independent living, assisted living, and continuing care retirement communities. The services to be provided shall be an integral part of the annual rent or occupancy related fee, shall be offered to all residents and may include in substantial measure long term health care and may include nursing, home health care, personal care, meals, transportation, convenience services, and social, cultural, and education programs. This section shall not apply to a nursing facility subject to certificate of need programs regulated by the Commonwealth of Massachusetts Department of Public Health or to developments funded under a state or federal program which requires a greater number of elder units or nursing beds than required here.

Maximum Contribution: The Applicant shall contribute 2.5 percent of annual gross revenue from fees or charges for housing and all services, if it is a rental development or an equivalent economic value in the case of a non rental development. The amount of the contribution shall be determined by the Director of Planning, based on analysis of verified financial statements and associated data provided by the Applicant as well as other data the Director may deem relevant.

Determination: The Planning Board shall determine, in its discretion, whether the contribution shall be residential units or beds or a cash payment after review of the recommendation of the Director of Planning. In considering the number of units or beds, the Director may consider the level of services, government and private funding or support for housing and services, and the ability of low and moderate income individuals to contribute fees. The Applicant shall provide financial information requested by the Director. If the petitioner or Applicant is making a cash contribution, the contribution shall be deposited in accordance with this section.

Contributed Units or Beds: Contributed units or beds shall be made available to individuals and households whose incomes do not exceed 80 percent of the applicable median income for elders in the Municipal Statistical Area, adjusted for household size.

Selection: The Applicant or manager shall select residents from a listing of eligible persons and households developed, advertised, and maintained by the Housing Authority; provided that the Applicant shall pay the reasonable costs of the Housing Authority to develop, advertise, and maintain the listing of eligible persons and households. Should the Applicant or manager be unable to fully subscribe the elder housing with candidates from the Housing Authority listing, the Applicant or manager shall recruit eligible persons and households through an outreach program approved by the Director of Planning. The Applicant or manager shall certify its compliance with this subsection annually in a form and with such information as is required by the Director of Planning. To the extent permitted bylaw, residents shall have first opportunity to participate in the elder housing with services program set out here.

Residential Cash Balances: If, after calculation of the number of units or beds to be contributed under this section there remains an annual cash balance to be contributed, that amount shall be contributed as set out in Subsection B above. Any such contribution shall not reduce the contribution required in future years.

§ 290-3-0.12 Hotels.

Rooms that are provided for a daily fee with an on-site office and management shall not be considered as residential development and are therefore not covered by this article.

§ 290-3-0.13 No Effect on Accessory Apartments.

This article shall not apply to accessory apartments regulated under this ordinance.

§ 290-3-0.14 No Effect on Prior or Existing Obligations.

This article shall have no effect on any prior or currently effective special permit, obligation, contract, agreement, covenant or arrangement of any kind, executed or required to be executed, which provides for dwelling units to be made available for sale or rental to or by the Town, the Housing Authority, or other appropriate municipal agency, or any cash payment so required for affordable housing purposes, all resulting from a project permitted under this article applied for or granted prior to the effective date of this amendment.

§ 290-3-0.15 Segmentation.

An Applicant for residential development shall not segment or divide or subdivide or establish surrogate or subsidiary entities to avoid the requirements of this article. Where the Select Board determines that this provision has been violated, the application will be denied. However, nothing herein prohibits phased development of a property, with the Inclusionary Units being provided proportionately in each phase of the project.

§ 290-3-0.16 Severability, Effect on Other Laws.

The provisions of this article are severable. If any subsection, provision, or portion of this article is determined to be invalid by a court of competent jurisdiction, then the remaining provisions of this article shall continue to be valid.

§ 290-3-1.1 Applicability.

The following types of activities and uses require site plan review by the Planning Board:

(1)

Construction, exterior alteration or exterior expansion or change of use of a municipal, institutional, commercial, industrial, or multi-family structure;

(2)

Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi-family structure;

(3)

Grading, clearing, or other land development activity except for the following: work in an Agricultural-Residential District, landscaping on a lot with an existing dwelling, clearing necessary for percolation and other site tests, work incidental to agricultural activity, or work in conjunction with a approved subdivision plan or earth removal permit.

At the request of the applicant, the Planning Board may waive any or all requirements of site plan review for exterior enlargements of less than 25% of the existing floor area, and for building or site alterations where the Board determines that the standards set forth in this bylaw are not relevant to the alterations.

Upon written request of the applicant, the Planning Board may waive any of the submittal requirements set forth in Article 3-1 deemed by the Planning Board to be not necessary for its review of the application. In addition, the Planning Board may waive other such requirements of this Article 3-1, including the requirement for a public hearing, where the Planning Board determines that the project constitutes a minor site plan. In order to constitute a minor site plan, the proposed work must be limited to (a) construction that does not exceed a total gross floor area of two thousand (2,000) square feet, (b) construction that will not generate the need for more than ten (10) total number of parking spaces, and/or (c) modifications to the site which, in the Planning Board's determination, do not materially or adversely affect conditions governed by the site plan review standards set forth in § 290-3-1.6 below.

§ 290-3-1.2 Procedures.

Applicants are encouraged to meet with the Planning Board prior to making a formal submission of plans to discuss site plan requirements and possible waivers. The board may provide a set of guidelines to assist applicants in meeting site plan, architectural, and landscaping objectives.

An application for a building permit to perform work as set forth in § 290-3-1.1A(1) shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth in § 290-3-1.1A(2) or (3), the project proponent shall obtain site plan approval from the Planning Board. Applicants for site plan approval shall submitt ten (10) copies of the site plan to the Planning Board at a regularly scheduled meeting, and within three (3) days thereafter shall submit a copy to the Town Clerk for filing. The Planning Board shall, within seven (7) days of receipt, transmit copies to the Building Inspector, the Police Chief, the Fire Chief, the Emergency Medical Service, the Town Treasurer, the Conservation Commission, and the Select Board for their advisory review and comments. Said boards shall have fourteen (14) days from the receipt of the site plan to make a written recommendation to the Planning Board. The Planning Board shall hold a public hearing to consider the plan in accordance with the requirements of M.G.L. 40A, s. 11.

For site plan review of a use or structure available by right, the Planning Board shall review and act upon the plan, with such conditions as may be deemed appropriate, within sixty (60) days of its receipt, and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing.

Uses or structures available by special permit.

(1)

For site plan review of a use or structure available by special permit where the Planning Board serves as the special permit granting authority, the board shall consolidate the site plan review into the special permit procedures and the timetable for decision shall conform thereto.

(2)

For site plan review of a use or structure available by special permit in a Chapter 43D Priority Development Site where the Planning Board serves as the special permit granting authority, the board shall consolidate the site plan review into the special permit procedures and timetable. Final action shall be taken within 180 calendar days after the certified notice of completeness is sent, or the 20-day- completeness review period has expired and the application is deemed to be complete.

Failure of the board to take final action upon the plan within the allotted time shall be construed as approval unless an extension has been agreed upon by the applicant and the board.

§ 290-3-1.3 Submittals.

Plans subject to this article shall show:

(1)

All boundary line information pertaining to the land sufficient to permit location of same on ground with existing and proposed topography at 2 foot contour intervals and the location of wetlands, streams, waterbodies, drainage swales, areas subject to flooding and unique natural features;

(2)

Existing and proposed buildings and structures, including fences, loading areas, accessory buildings, signs, rubbish disposal areas, and storage areas, with proposed building elevations or renderings; utilities and snow disposal methods.

(3)

Water provision, including fire protection measures;

(4)

Sanitary sewerage;

(5)

Storm drainage, including means of ultimate disposal and calculations to support maintenance of the requirements in the Planning Board's Subdivision Rules and Regulations;

(6)

Parking, walkways, driveways, and other access and egress provisions;

(7)

Existing trees 10" caliper or better and existing tree/shrub masses; proposed planting, landscaping, and screening;

(8)

Existing and proposed exterior lighting;

(9)

Compliance with all applicable provisions of this Zoning By-Law;

(10)

Certified list of abutters;

(11)

Sign permit application, where new signage is proposed;

(12)

Application fees and inspection fees, as set forth in the Site Plan Rules and Regulations of the Planning Board.

The Planning Board may require narrative assessments of the on-site and off-site impacts of the proposed project, including traffic, drainage, noise, and other environmental factors. The Planning Board may require that such narrative assessments be prepared by qualified experts.

Failure by the applicant to submit any of the required materials may constitute grounds for denial of the site plan application.

§ 290-3-1.4 Preparation of Plan.

Site Plans shall be submitted on 24-inch by 36-inch sheets. Plans shall be prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of 1" = 40'.

§ 290-3-1.5 Waiver of Technical Compliance.

The Planning Board may, upon written request of the applicant, waive any of the technical requirements of § 290-3-1.3 or 290-3-1.4 where the project involves relatively simple development plans.

§ 290-3-1.6 Performance Standards.

Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the requirements found in Article 4-2: Utilities. New building construction or other site alteration shall be designed so as to:

Minimize the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

Maximize pedestrian and vehicular safety both on the site and egressing from it;

Minimize obstruction of scenic views from publicly accessible locations;

Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;

Minimize glare from headlights through plantings or other screening;

Minimize lighting intrusion through use of such devices as cut-off luminaires confining direct rays to the site, with fixture mounting not higher than 11 feet in pedestrian areas; and 15 feet in parking lots, except as otherwise provided under § 290-3-3.4G.

Minimize unreasonable departure from the character and scale of building in the vicinity, as viewed from public ways. The front building facade facing a street shall be articulated to achieve a human scale and interest. The use of different textures, shadow lines, detailing and contrasting shapes is required. Not more than 50 feet of a building front shall be in the same vertical plane. A main business entrance to each ground floor business, identified by the larger doors, signs, canopy or similar means of highlighting, shall be located in the front of the building. Building fronts shall contain windows covering at least 15% of the facade's surface. Windows shall be highlighted with frames, lintels and sills or equivalent frame features. Windows and doors shall be arranged to give the facade a sense of balance and symmetry.

Minimize contamination of groundwater from on-site waste-water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances; in accordance with Article 4-3, Water Resource Protection.

Comply with all applicable provisions of this Zoning By-law and other Town regulations, including but not limited to, Article 3-2, General Landscaping Requirements, and Article 3-3, Townwide Parking and Loading Requirements.

§ 290-3-1.7 Approval.

[Amended 4-11-2023 ATM by Art. 32]

Site plan approval shall be granted upon determination of the board that the requirements of this Article 3-1, Site Plan Review, and all other applicable requirements have been satisfied. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to ensure that the performance standards are met. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.

§ 290-3-1.8 Compliance.

No final occupancy permit shall be issued until the Planning Board notifies the Building Inspector in writing that the project has been completed in compliance with the site plan and its conditions. Where final landscaping cannot be completed because of weather conditions, the Building Inspector may issue a temporary occupancy permit, or the Planning Board may require a surety until the work is complete.

§ 290-3-1.9 Regulations.

The Planning Board may adopt and from time to time amend reasonable regulations for the administration of the Site Plan guidelines

§ 290-3-2.1 Purpose.

This Article 3-2 is designed to accomplish the following objectives:

To provide a suitable boundary or buffer between residential uses and districts and nearby nonresidential uses;

To define the street edge and provide visual connection between nonresidential uses of different architectural styles;

To separate different and otherwise incompatible land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare), or view of signs, unsightly buildings or parking lots;

To provide visual relief to parking lots and protection from wind in open areas;

To preserve or improve the visual and environmental character of Carver, as generally viewed from residential or publicly accessible locations; and

To offer property owners protection against diminution of property values due to adjacent nonresidential use.

§ 290-3-2.2 Applicability.

The requirements of this article shall apply to any nonresidential use and any multi-family dwelling of three (3) or more units.

§ 290-3-2.3 Landscaping Requirements Along Roadways and Property Lines:

Roadways/Front Property Lines: The roadway/front property line landscaped buffer is intended to contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them. Planted buffer areas shall be established adjacent to any public road, and shall be continuous except for approved access ways. The roadway/front property line shall have shade trees planted at least every thirty-five (35) feet along the roadway. Planted buffer areas along roadways/front property lines shall be of the following minimum depth in each district, as measured from the layout of the roadway:

IA or B	HC	GB	V
30 feet	20 feet	20 feet	10 feet

Side and Rear Property Lines. Side and rear property line landscaped buffers are intended to promote proper visual separation and adequate buffering between adjoining properties. Planted buffer areas along side and rear property lines shall be of the following minimum depth in each district:

IA or B	HC	GB	V
20 feet	10 feet	10 feet	0 feet

Property lines bordering residential uses.

(1)

Wherever a nonresidential use or multi-family dwelling is located on a lot which abuts or is across a street from land developed or zoned for residential use, a landscaped buffer shall be provided and maintained on the nonresidential/multi-family lot along the bordering lot line in order to minimize the visual effect of all the nonresidential/multi-family use on the adjacent land. Planted buffer areas along property lines bordering residential districts or uses shall be of the following minimum depth in each district:

1A or B	HC	GB	V
100 feet	50 feet	50 feet	10 feet

(2)

The bordering residential buffer shall supercede the applicable front, side or rear property line buffer required by § 290-3-2.3A and B.

§ 290-3-2.4 Landscaping Requirements for Parking Areas:

Parking lot interior landscaping: Interior parking lot landscaping shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site. Parking areas with more than 10 spaces shall contain 150 square feet of planted areas for every 1000 square feet of parking proposed, appropriately situated within the parking area. All interior parking lot landscaping shall occur in landscaped islands containing at least 150 square feet of unpaved area and measuring at least 10 feet across. A landscaped island may be up to thirty-three percent (33%) impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas. The distance from one landscaped island to next or to the perimeter of the parking lot shall be no more than 180 feet.

Parking lot perimeter landscaping:

(1)

Perimeter parking lot landscaping shall create visual screening of automobile parking areas, create summer shade along paved surfaces and reduce wind velocity across open lot areas. Buffer strips shall be located along the perimeter of at least three sides of all parking lots with more than 10 spaces, and shall meet the following specifications:

Number of Spaces in Lot	Depth of Buffer Strip
Up to 10	10 feet
11 - 24	10 feet plus one foot for each space in excess of 10 spaces
25 or more	25 feet

(2)

If the parking perimeter buffer requirements conflict with roadway/property line buffer requirements, the larger requirement shall apply.

All interior and perimeter parking lot landscaped areas shall be suitably protected by raised curbing to avoid damage to the plant materials by vehicles and by snowplows and to define the edge of the landscaped area.

§ 290-3-2.5 Landscaping Requirements for Buildings and Screening of Unsightly Features.

Landscaped areas at least ten (10) feet in depth shall be provided adjacent to buildings on every side of the building that has a public entrance, and shall contain trees and shrubs.

Unsightly features such as loading areas, storage areas, refuse storage and disposal areas, service areas and mechanical or utility equipment shall be screened from view, to the extent feasible, from all public ways; and from adjacent properties, by the use of planted buffers, berms, natural contours, opaque fences, walls or a combination of the above. If berms, fences, or walls are used, accompanying plantings are required on the side facing the public.

§ 290-3-2.6 Planting Requirements.

All landscaping and buffers shall consist of grass, shrubs and trees of a species common to the area and appropriate for their intended purpose. "Such plants shall not be deemed invasive species by the Massachusetts Department of Agricultural Resources." Such plantings shall be provided and maintained by the owner of the property used for nonresidential/multi-family purposes. The buffer area may contain walks, sewerage, and wells, but no part of any building structure, or space intended for or used as a parking area, driveway, or drive through may be located within the buffer area.

(1)

The side/rear property line, bordering residential, and parking lot perimeter buffers, may include plantings, berms, natural contours, opaque fences, walls or a combination of the above. If berms, fences, or walls are used, accompanying plantings are required on the side facing the public.

(2)

Deciduous trees shall be at least two (2") inches in caliper as measured six (6") inches above the root ball at time of planting. Deciduous trees shall be expected to reach a height of twenty (20) feet within ten (10) years after planting. Evergreens shall be a minimum of eight (8') feet in height at the time of planting. Where the Planning Board determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees. Shrubs and hedges shall be at least two and half (2.5) feet in height at the time of planting, and have a spread of at least eighteen (18) inches.

Grass is preferable to mulch where practical.

Wherever possible, the planting and screening requirements of this article shall be met by the retention of existing vegetation and topography. Existing trees with a caliper of six inches (6") or more shall be preserved wherever feasible.

§ 290-3-2.7 Coordination with Site Plan Approval.

The Planning Board may require a landscaping plan as part of the overall site plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set forth in this Article 3-2.

§ 290-3-2.8 Maintenance of Landscaped Areas.

The owner of the property used for nonresidential purposes shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with this article. All plant materials required by this chapter shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Bark mulch and non-plant ground surface materials shall be maintained so as to control weed growth.

§ 290-3-3.1 General.

Adequate off-street parking for non-residential uses must be provided to service all parking demand created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Such parking shall be on the same premises as the activity it serves, or within 200 feet on a separate parcel, which may be jointly used with other premises for this purpose, provided that the continued joint use of such parcel be ensured through an agreement recorded in the Registry of Deeds.

§ 290-3-3.2 Reduction of Parking Requirement by Special Permit.

Notwithstanding the provisions of § 290-3-3.3, the Planning Board may, by special permit, reduce the number of parking spaces required for nonresidential uses upon its determination that the intended use of the premises can be adequately served by fewer spaces. The Planning Board may consider on-street parking available near the premises as a factor in making this determination.

§ 290-3-3.3 Table of Parking Requirements.

[Amended 10-7-2025 STM by Art. 7]

Parking shall be provided in accordance with the following schedule. Any computation resulting in a fraction of a space shall be rounded to the highest whole number.

Principal Use	Minimum Number of Parking Spaces
PRINCIPAL USE A. RESIDENTIAL	PARKING
Detached single family dwelling	2 for each dwelling unit
Accessory Apartment (ADU)	1 for each Accessory Apartment not located within a 0.5 mile radius of a Transit Station
Flexible development	1 for each dwelling unit up to 50 units and 1.5 for each dwelling unit in excess of 50
Conservation subdivision	2 for each dwelling unit up to 50 units and 1.5 for each unit dwelling in excess of 50
Townhouse development	2 for each dwelling unit
B. EXTENSIVE USES AND COMMUNITY FACILITIES
Airport	1 per 500 s.f. of gross floor area
Religious or educational use exempted by G.L. c. 40A, s.3	1 per 8 occupants + 1 per 2 employees
Educational use not exempted by G.L. c. 40A, s.3	1 per 8 occupants + 1 per 2 employees
Agricultural use not exempted by G.L. c.40A, s.3	Not Applicable
Cranberry receiving station	As may be determined by the building commissioner
Child care facility or day care facility exempted by G.L. c.40A, s.3	1 per 8 occupants + 1 per 2 employees
Municipal facilities	Based on Occupancy Load, 1 space for every 3 people
Essential services	Based on Occupancy Load, 1 space for every 3 people
Cemetery	1 per 8 occupants + 1 per 2 employees
Earth removal	Not Applicable
Mobile home park	2 for each dwelling unit, plus one space per each five homes
Non Exempt Educational Use	1 space for each teacher and employee, plus 1 space for each 10 students
C. COMMERCIAL
Office	1 per 250 s.f. of gross floor area
Motor vehicle services station	4 spaces for every service bay/plus employees
Retail sales or rental without display outdoors	1 per 250 s.f. of gross floor area
Retail sales or rental with display outdoors	1 per 250 s.f. of gross floor area
Retail sales with manufacturing or assembly in a building less than 20,000 s.f. building footprint	1 per 500 s.f. of gross floor area
Establishment for the sale or consumption of alcoholic beverages, with or without entertainment, including clubs, whether for profit or not for profit	1 space for each 4 seats plus employees
Junkyard or automobile graveyard	Not Applicable
Hospital or sanitarium	1 space for each 3 beds plus 1 for each 50 s.f. of outpatient facilities plus employees; plus 1 for each 400 s.f. net floor space of medical office buildings related to hospitals
Convalescent or nursing home, or assisted elderly housing	1 space for each 6 beds plus employees
Hotel or motel	(Hotel) 1 space for each 3 sleeping rooms/plus employees (Motel) 1 space for each unit/plus employees
Service shop	1 for each 400 square feet of gross floor space
Fast food or drive in restaurant	1 space for each 300 s.f. of gross floor space
Animal hospital or Hobby or Commercial Kennel	1 space for each 400 s.f. of gross floor space
Drive in service at facility other than restaurant or bank	Not Applicable
Landscaping business	1 for each 400s.f. of gross floor space
Car wash	Spaces for employees
Commercial recreation outdoors	Based on Occupancy Load, 1 space for every 2 people
Major commercial project	1 for each 300 s.f. of gross floor space
Tattoo parlor/body piercing	1 for each 400 s.f. of gross floor space
Adult Use	1 space for each 4 seats plus employees
School or day care facility	1 per 4 occupants plus 1 per 2 employees
General Retail	1 per 250 square feet of gross floor area
Retail sales accessory to industrial use	1 per 500 square feet of gross floor area
Printing and Publishing	1 per 500 square feet of gross floor area
Medical Office	1 per 150 square feet of gross floor area
General Office	1 per 250 square feet of gross floor area
Restaurants, not including fast-food or drive-in restaurant	1 per two seats plus 1 per two employees
Research and Development, Manufacturing, or Industrial	1 per 500 square feet of gross floor area, or 1 per employee, whichever is greater.
Warehousing and storage	1 per two employees but not less than 1 space per 5,000 square feet of area devoted to indoor or outdoor storage.
Inns and Bed and Breakfasts	1 per sleeping room plus 1 per 2 employees
Church, Library, Museum or similar place of assembly	1 per 8 occupants plus 1 per 2 employees
Bank, including free standing ATM and drive in facilities	1 per 175 square feet of gross floor area
Gasoline service station	2 per service bay plus 1 per employee
Self Storage Facility	1 off-street parking space shall be provided for each employee at the largest shift, plus 1 space for every 10,000 sq ft of gross floor area
D. INDUSTRIAL
Light manufacturing in a building with less than 20,000s.f. building footprint	1 per 500 s.f. of gross floor area, or 1 per employee, whichever is greater
Light manufacturing in a building with more than 20,000 s.f. building footprint	2 per 500 s.f. of gross floor area, or 1 per employee, whichever is greater
Manufacturing, processing, assembly or fabrication in a building with less than 20,0000s.f. building footprint	3 per 500 s.f. of gross floor area, or 1 per employee, whichever is greater
Manufacturing, processing, assembly or fabrication in a building with more than 20,0000 s.f. building footprint	4 per 500 s.f. of gross floor area, or 1 per employee, whichever is greater
Wholesale, warehouse or distribution facility in a building with less than 20,000 s.f. building footprint	1 space for each 2 employees in the maximum working shift; others as may be determined by the building commissioner
Wholesale, warehouse or distribution facility in a building with more than 20,000 s.f. building footprint	2 spaces for each 2 employees in the maximum working shift; others as may be determined by the building commissioner
Bituminous concrete or concrete batching plant	As may be determined by the building commissioner
Contractors yard	1 space for each 2 employees in the maximum working shift
Sawmill	Based on Occupancy Load, 1 space for every 3 people
Truck, bus or freight terminal	Based on Occupancy Load, 1 space for every 3 people

§ 290-3-3.4 PARKING LOT DESIGN.

To the extent feasible, required parking areas shall not be located forward of any building front line on the lot.

(1)

Notwithstanding the above, in any district except for RA, V, and PTCD, the Planning Board may grant permission in the course of site plan review to locate not more than eight (8) parking spaces in front of the principal building, where such location promotes a better site layout. As condition of such permission, the board may require that provisions be made for a common access way linking the property with existing or future adjacent uses.

Parking spaces shall be at least 10'x 18'.

The Planning Board may require the paving of all parking areas, except those serving residential premises.

In parking areas with eight or more spaces, individual spaces shall be delineated by painted lines, wheel stops, or other means.

For parking areas of fifteen (15) or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per five (5) parking spaces or fraction thereof, but not more than fifteen (15) bicycles. Such bicycle rack(s) may be located within the parking area or in another suitable location as deemed appropriate by the Planning Board.

Parking lot aisles shall be designed in conformance with the following:

Parking Angle	Minimum Aisle Width (one-way traffic)	Minimum Aisle Width (two-way traffic)
0 degrees (parallel)	12 feet	20 feet
30 degrees	13 feet	20 feet
45 degrees	14 feet	21 feet
60 degrees	18 feet	23 feet
90 degrees	24 feet	24 feet

All artificial lighting shall be not more than twenty (20) feet in height in pedestrian areas, and twenty (20) feet in parking lots, except that site lighting poles in the GBP Zone may be no more than 40 feet in height, and shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property except at driveways and access ways where illumination is desireable for public safety purposes. All parking facilities which are used at night shall be lighted as evenly and fully as possible. The Planning Board shall require the applicant to provide the type and wattage of all proposed lighting for the parking areas.

Parking facilities shall provide specially designated parking stalls for the physically handicapped in accordance with the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Safety[1] or any agency superseding such agency. Handicapped stalls shall be clearly identified by a sign stating that such stalls are reserved for physically handicapped persons. Said stalls shall be located in that portion of the parking facility nearest the entrance to the use or structure which the parking facility serves. Adequate access for the handicapped from the parking facility to the structure shall be provided.

[1]

Editor's Note: Now the Architectural Access Board of the Office of Public Safety and Inspections.

§ 290-3-3.5 Driveway Design.

Access driveways to nonresidential premises shall be a minimum of 12 feet wide for one-way traffic and a minimum of 24 feet for two-way traffic.

Curb cuts shall be clearly defined with curbing. The number of curb cuts shall be minimized. Where possible, access shall be provided onto side streets rather than major roadways. Curb cuts shall be no closer than seventy-five (75) feet to existing curb cuts, and seventy-five (75) feet to intersecting roadways.

To the extent feasible, lots and parking areas shall be served by common private access ways, in order to minimize the number of curb cuts. Such common access ways shall be in conformance with the functional standards of the Subdivision Rules and Regulations of the Planning Board for road construction, sidewalks, and drainage. Proposed documentation (in the form of easements, covenants, or contracts) shall be submitted with the application, demonstrating that proper maintenance, repair, and apportionment of liability for the common access way and any shared parking areas has been agreed upon by all lot owners proposing to use the common access way, and that the common access way shall be permanently available to uses on adjacent or nearby lots. Common access ways may serve any number of parcels deemed appropriate by the Planning Board.

§ 290-3-3.6 Loading Requirements.

Adequate off-street loading facilities and space shall be provided to service all needs created by construction whether through additions, change of use, or new structures. Facilities shall be so sized and arranged that no vehicle need regularly to back onto or off of a public way, or be parked on a public way while loading, unloading, or waiting to do so. Such areas shall be landscaped in accordance with § 290-3-2.4. Loading spaces shall be at least twelve (12) feet in width, fifty (50) feet in length and with a vertical clearance of at least fourteen (14) feet, having an area of not less than one thousand three hundred (1,300) square feet which includes access and maneuvering space, used exclusively for loading and unloading of goods and materials from one vehicle. The dimensions of the loading space may be reduced by the Planning Board during Site Plan Review to no less than six hundred (600) square feet which includes access and maneuvering space, when it is clearly evident that service vehicles utilizing said space will not require the area set forth above.

§ 290-3-4.1 Purpose:

The purpose of this article is to protect the safety, public health, convenience and general welfare of the inhabitants of the Town of Carver by providing detailed review of the design and layout of drive-through facilities which have a substantial impact upon the character of the Town of Carver and upon traffic, utilities and services therein.

§ 290-3-4.2 Powers and Administrative Procedures:

The Planning Board is hereby designated the Special Permit Granting Authority (SPGA) for Drive-Through Plan Approval. The SPGA shall follow the procedural requirements for special permits as set forth in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and after due consideration of the reports and recommendations of other town boards, commissions and or departments, the SPGA may grant such a permit. The SPGA shall also impose, in addition to any conditions specified in this article, such applicable as the SPGA finds reasonably appropriate to improve the site design as based on the design requirements listed below, traffic flow, safety and or otherwise serve the purpose of this article. The Applicant shall provide a traffic impact study at the discretion of the Planning Board. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

§ 290-3-4.3 Design Requirements:

Separation between access connections on all collector and arterials shall be based on the posted speed limit in accordance with the following table.

Posted Speed Limit (MPH)	Access Connection Spacing (Feet)
20	140
30	210
40	280
50	350

The width of the access connections at the property line of the development shall not exceed 25 feet, unless a traffic impact study identifies and the SPGA agrees to the need for turning lanes from the development onto the adjacent public road.

For a site at an intersection where no alternatives exist, such as joint or cross access, the Board may allow construction of an access connection at a location suitably removed from the intersection. In such cases, the applicant shall provide directional restrictions (i.e. right in/right out only and/or a restrictive median) as required by the Board.

A system of joint use driveways and cross access easements shall be established wherever feasible along Route 58 and the proposed development shall incorporate the following:

(1)

A service driveway or cross access corridor extending the width of the parcel.

(2)

A design speed of 10 mph and sufficient width to accommodate two-way travel aisles.

(3)

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive.

Developments that provide service drives between properties may be permitted a 10% reduction in the required number of parking spaces. If information can be provided to show that peak demand periods of development with shared parking or a service drive connection are not simultaneous, the number of required parking spaces may be reduced by 20%.

Drive-through facilities shall provide a minimum of eight (8) stacking spaces (within the site) before the order board. The facility shall provide another four (4) stacking spaces between the order board and the transaction window. If the facility has two transaction windows, the four (4) stacking spaces may be split between each of the windows. An additional stacking space shall be provided adjacent to the last transaction window.

Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lane shall be a minimum of twelve (12) feet in width along curved segments.

Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians. An analysis that indicates the best option will be reviewed by the board.

Entrances to stacking lane(s) shall be clearly marked and a minimum of sixty (60) feet from the intersection with the public street. The distance shall be measured from the property line along the street to the beginning of the entrance.

Any outdoor service facilities (including menu boards, speakers, etc.) shall be a minimum of twenty-five (25) feet from the property line of a residential use.

(1)

Menu Boards shall be a maximum of thirty square feet, with a maximum height of six (6) feet in height and shall be shielded from any public street and residential properties.

(2)

Exposed machinery, utility structures and areas for parking, loading, storage, service and disposal shall be screened from abutting properties and streets.

(3)

Buffering between the stacking lanes, menu boards, speaker etc. when applicable will be provided utilizing any combination of landscaping, fencing and/or other material as determined by the Planning Board.

§ 290-3-5.1 Purpose.

The purpose of this Article 3-5, Signs, is to promote the safety, comfort, and well-being of the user of streets, roads, and highways in Carver; to reduce distractions and obstructions from signs which would adversely affect traffic safety, and to alleviate hazards caused by signs projecting over or encroaching upon pubic ways; to discourage excessive visual competition in signage and ensure that signs aid orientation and adequately identify uses and activities to the public; and to preserve or enhance town character by requiring new and replacement signage which is compatible with the surroundings, appropriate to the type of activity to which it pertains, expressive of the identity of individual proprietors or of the community as a whole, and appropriately sized in its context, so as to be easily readable.

§ 290-3-5.2 General Regulations.

Permitted Signs. Only signs which refer to a use permitted by the Zoning By-Law or protected by statute are permitted, provided such signs conform to the provisions of this Sign By-Law.

VILLAGE AND AGRICULTURAL/RESIDENTIAL DISTRICTS^#
Sign	Permitted	Max. Number	Max. Area	Max Height	Clearance/Setback
Address*	Yes	1 per building	2 square feet	4 feet	Setback at least 3 feet from right of way
Traffic Flow*	Yes	Unlimited	3 sq. feet per sign	4 feet
Directory*	Yes	1 per multiple-occupancy commercial building	4 sq. ft. for the name of the building; 2 sq. ft. for each business	5 feet
Freestanding♣	Yes	1 per single-occupancy commercial building	4 square feet	5 feet
Marquee/Canopy	Yes	1 per business	4 square feet; letters may not exceed 12" in height	Lowest point of the roof	10 foot clearance above sidewalk
Monument	No	1 per single-occupancy commercial building or business park
Wall	Yes	1 per business♦	10% of wall area	Lowest point of the roof	Shall not project more than 6" from building
Window	Yes	1 per business	30% of the window area
Individual letters or symbols	No
TOTAL OF ALL SIGNS		2 per business	8 sq. ft. per business

#	Signs for home occupations are subject to the provisions of § 290-2-2.4A and B

GENERAL BUSINESS AND SPRING STREET INNOVATION DISTRICT (SSID)
Sign	Permitted	Max. Number	Max. Area	Max. Height	Clearance/Setback
Address*	Yes	1 per building	2 sq. feet	4 feet	setback at least 3 feet from right of way
Traffic Flow*	Yes	unlimited	3 sq. ft. per sign	4 feet
Directory♦	Yes	1 per multiple-occupancy commercial building	16 sq. ft. for the name of the building; 2 sq. ft. for each business	10 feet
Freestanding	Yes	1 per single-occupancy commercial building	10 sq. feet	10 feet
Marquee/Canopy	Yes	1 per business	8 sq. feet; letters may not exceed 12" in height	lowest point of roof	10 foot clearance above sidewalk
Monument	Yes	1 per single-occupancy commercial building or business park	10 square feet	4 feet
Projecting	Yes	1 per business	10 square feet	Bottom sill of the second story window or the lowest point of the roof of a 1 story building	setback at least 2 ft from the curb; 8" clearance above sidewalk; 13" clearance above driveway
Wall	Yes	1 per business♦	10% of wall area	lowest point of the roof	shall not project more than 6" from building
Window	Yes	1 per business	30% of the window area
Individual letters of symbols	Yes		10% of wall area		shall not project more than 12" from building surface
TOTAL OF ALL SIGNS		2 per business	16 sq. ft. per business

HIGHWAY COMMERCIAL/INDUSTRIAL/GREEN BUSINESS PARK DISTRICTS
Sign	Permitted	Max. Number	Max. Area	Max. Height	Clearance/Setback
Address*	Yes	1 per building	2 square feet	4 feet	setback at least 3 feet from right of way
Traffic Flow*	Yes	unlimited	3 sq. ft per sign	4 feet
Directory♦	Yes	1 per multiple-occupancy commercial building	16 sq. ft. for the name of the building; 2 sq. ft. for each business	10 feet
Freestanding	Yes	1 per single-occupancy commercial building	16 sq. feet	10 feet
Marquee/Canopy	Yes	1 per business	8 sq. Feet letters may not exceed 12" in height	lowest point of the roof	10 foot clearance above sidewalk
Monument	Yes	1 per single-occupancy commercial building or business park	16 square feet	4 feet
Projecting	Yes	1 per business	10 square feet	bottom sill of the second story window or the lowest point of the roof of a 1 story building	setback at least 2 ft from the curb; 8' clearance above sidewalk; 13' clearance above driveway
Wall	Yes	1 per business♦	10% of wall area	lowest point of the roof	Shall not project more than 6" from building
Window	Yes	1 per business	30% of the window area
Individual letters or symbols	Yes		10% of wall area		Shall not project more than 12" from building surface
TOTAL OF ALL SIGNS		2 per business	32 sq. ft. per business

*	Shall not count in the total number or area of signs allowed per business.
♦	2 wall signs may be permitted per business where the business has frontage on two streets.
♣	Free standing signs over six feet in height may have no more than two sides; those less than six feet in height may have three or four sides.
#	The name of the business included within a directory sign will not count as the one sign per business. However, the aggregate area will include both the directory sign and the additional sign permitted per business.

§ 290-3-5.3 Prohibited Signs.

Billboards, streamers, pennants, ribbons, spinners, signs tacked, posted, painted or otherwise attached to utility poles, posts, trees, sidewalks, buildings or curbs, or to motor vehicles and trailers regularly located for fixed display or other similar devices shall not be constructed, posted or erected in any zone; provided, however, that streamers, pennants, ribbons, spinners, or other similar devices may be permitted in conjunction with the grand opening of a business and for twenty (20) days thereafter. Flags and bunting exhibited to commemorate national patriotic holidays, and temporary banner announcing charitable or civic events are exempted from this prohibition.

Flashing signs, signs containing moving parts, and signs containing reflective elements which sparkle or twinkle in the sunlight are not permitted. Signs indicating the current time and/or temperature are permitted provided they meet all other provisions of this By-law.

Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted.

Off-premises signs are not permitted in any district, with the exception of directional signs on public property.

Roof signs which project above the highest point of the roof are not permitted in any district.

When visible from a public way, no advertising shall be permitted on storage tanks, vehicles or similar types of containers. This restriction applies to both permanently located and mobile units, and trailers and trucks regularly located for fixed display. This prohibition shall not apply to properly registered vans, panel trucks, or any other business vehicles used on a regular basis on public ways for normal business.

Signs on trees, etc., except for approved subdivision entrance signs or signs warning of danger or prohibiting trespass or the like; no sign shall be painted on or affixed to any tree, fence, utility pole, painted or posted on any wall.

Signs shall be illuminated from the exterior only by a stationary, shielded light directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. Signs of the exposed neon or other gas-filled tube type are prohibited. No sign shall be internally illuminated, except those utilizing the "soft-glo" method.

Illuminated features other than approved signs, on the exterior of a building that call attention to the building, product or services available within the building are prohibited.

Individual freestanding signs are not permitted for multiple-occupancy commercial buildings. All information relating to establishments within the building or complex must be contained within one directory sign permitted for the entire premises.

§ 290-3-5.4 Standards.

Illumination Standards.

(1)

Signs shall be illuminated only with steady, stationary light sources directed solely onto the sign without causing glare. Internal illumination is prohibited. Lightbulbs and gas-filled tubes providing external illumination shall be shielded in such a way as to be hidden from view from any point along the roadway or sidewalk.

(2)

Strings of bulbs are not permitted, except as part of a holiday celebration; provided, however, that strings of bulbs may be permitted to decorate trees where such display does not interfere with neighboring land uses.

(3)

Signs may be illuminated during business hours and for thirty (30) minutes before and after the hours of operation of the business advertised thereon.

(4)

No person may erect a sign that constitutes a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

(5)

Decorative neon window signs may be permitted where the Building Commissioner determines that such window signs are compatible with the building's historic or architectural character in style, scale and color.

(6)

Canopies shall not be illuminated from behind in such a way that light shines through canopy material creating the effect of an internally illuminated sign.

Placement Standards.

(1)

No person may erect a sign which is affixed to a utility pole, tree, or shrub.

(2)

No sign together with any supporting framework shall extend to a height above the maximum building height allowed in the zoning district in which it is located.

(3)

Signs shall not cover architectural details such as, but not limited to arches, sills, moldings, cornices, and transom windows.

(4)

Signs for businesses withing the same structure shall be coordinated as to placement, porportion, and format.

Safety Standards. No person may erect or maintain a sign which is structurally unsafe; constitutes a hazard to public safety and health by reason of inadequate maintenance, dilapidation or abandonment; obstructs free entrance or exit from a required door, window, or fire escape; obstructs the line of sight of drivers exiting from the property onto the street; obstructs light or air or interferes with proper functioning of the building; or does not conform to the State Building Code.

Materials Standards.

(1)

Village and Residential Districts: All signs shall be made of wood or metal. If plywood is to be used, it must have exceptionally smooth and weather resistant surfaces, such as those obtained with medium density overlay (MDO) board.

(2)

General Business, Highway Commercial, Industrial and Airport Districts: The use of wood or metal signs is highly recommended.

Color Standards.

(1)

The number of colors shall be limited to three (3), except in the instance of an illustration.

(2)

Colors should be chosen to complement the facade color of the building.

(3)

Dark backgrounds with light colored lettering are strongly encouraged. Examples of preferred background colors are burgundy red, forest green, chocolate brown, black, charcoal, and navy blue.

(4)

"Day Glow" colors are prohibited.

Measurement of Sign Area.

(1)

Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface.

(2)

For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols together with any background of a different color than the natural color or finish material of the building.

(3)

For a sign consisting of individual letters or symbols attached to, painted, or carved or engraved on a surface, building wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.

(4)

The area of supporting framework (for example brackets, posts, etc.) shall not be included in the area if such framework is incidental to the display.

(5)

When a sign has two (2) or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two (2) feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.

Measurement of Height. The height of any sign shall be measured from the surface of the road up to the highest point of the sign. In situations where a sign is intended to be visible from two roads of different elevations measurement shall be from the surface of the lower roadway.

Maintenance. A sign shall be maintained in a secure and safe condition. If the Sign Officer is of the opinion that a sign is not secure, safe, or in good state of repair, written notice of this fact shall be given to the person responsible for the maintenance of the sign. If the defect in the sign is not corrected within the time permitted by the Sign Officer, the Sign Officer may revoke the sign permit and take possession of the sign until the owner pays the cost of removal, thus placing the sign owner in violation of the sign bylaw and liable for a fine as specified in § 290-5-5.7F.

Exceptions. For the purposes of this article, the term "sign" shall not include:

(1)

signs erected or posted and maintained for public safety and welfare or pursuant to any governmental function, law, bylaw or other regulation;

(2)

a bulletin board or similar sign not exceeding twenty (20) sq. ft in display area, in connection with any church, museum, library, school, or similar public or semi-public structure, provided that the top of such sign shall not be more than eight (8) feet above ground level and provided that it does not possess any of the characteristics listed in § 290-3-5.3 above;

(3)

signs relating to trespassing and hunting not exceeding two (2) sq. ft. in area.

§ 290-3-5.5 Nonconforming Signs.

Nonconforming signs and sign structures which were lawfully in existence before the adoption of this bylaw may remain except as qualified below:

Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, relocated, or changed in size. Remodeling shall include changes in lettering or symbols due to change in tenancy or ownership of the premises. Changes in directory signs are excepted, and individual portions of a directory sign may be changed as tenancy or ownership dictate.

Nothing in this Sign By-Law shall be deemed to prevent keeping in good repair a nonconforming sign, including sign maintenance, repainting and replacement of broken or deteriorated parts of the sign itself. Supporting structures for nonconforming signs may be replaced, providing that such replacement makes structure conforming as to height, setback, and other requirements.

A nonconforming sign or sign structure which is destroyed or damaged by a casualty may be restored within six (6) months after such destruction or damage only after the owner has shown that the damage did not exceed fifty percent (50%) of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding fifty percent (50%), it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming in all respects.

A nonconforming sign or sign structure shall be removed within thirty (30) days if the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding fifty percent (50%) of the building's appraised value.

§ 290-3-5.6 Additional Regulations For Specific Types Of Signs.

Directional Signs on Public Property.

(1)

Such signs may be allowed with permission of the Building Commissioner

(2)

Signs shall contain the business name and logo only (logo allowed for seasonal attractions only), with no additional advertising.

(3)

Signs shall not exceed 3 sq. ft. and shall not be illuminated.

Moveable or Temporary Signs (and/or moveable). Such signs are prohibited except as follows:

Type	Duration	Max. Size	Permit Required
Charitable or Civic Events	Week prior to event	80 square feet	no
Commercial	30 days; twice yearly	32 square feet	yes
Construction	6 months	12 square feet	no
For Sale/Rent/Lease	Till 30 days after sale or lease	6 square feet	no
Grand Opening Banner	21 days	32 square feet	no
Holiday displays: Banners and Bunting	4 separate 30 consecutive day periods in each calendar year	as appropriate (shall consist of cloth, canvas, vinyl or the like)	no
Political - unlighted[1]	30 days prior; 7 days after election*	6 square feet	no
Yard Sale	5 days prior	2 square feet	no

*	signs erected for a primary election may remain up through the final election

[1]

Editor's Note: See also Ch. 232, Signs, Political, § 232-3.

Projecting Signs.

(1)

Such sign shall be hung at right angles to the building and shall not project closer than two (2) feet to the curb line.

(2)

The supporting framework shall be in proportion to the size of such sign.

(3)

No such sign shall overhang a public way travelled by vehicles of any kind.

(4)

The top of the sign may be suspended in line with one of the following, whichever is the most successful application of scale, linear continuity, and visibility as determined by the sign officer:

(a)

Suspended between the bottom sills of the second story windows and the top of the doors and windows of the ground floor; or

(b)

The lowest point of the roof of a one story building.

(5)

Projecting signs shall have a minimum clearance of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way. If projecting over a driveway, the clearance must be at least thirteen (13) feet.

Public Service Signs.

(1)

Such signs necessary for public safety and convenience shall not exceed two (2) sq. ft.

(2)

Such signs shall bear no advertising.

(3)

Such signs are not included in computing total sign area allowed.

§ 290-3-5.7 Administration.

Sign Permits. No sign shall be erected, displayed, altered or enlarged until an application has been filed, and until a permit for such action has been issued by the Building Commissioner. Applications may be filed by the owner of the land or building, or any person who has the authority to erect a sign on the premises, and shall be on forms prescribed by the Building Commissioner. At a minimum, all applications shall include a scale drawing specifying dimensions, materials, illumination, letter sizes, color, support systems, and location on land or buildings with all relevant measurements. Permits shall be issued only if the Building Commissioner determines that the sign complies or will comply with all applicable provisions of this Sign By-Law.

Fees. A schedule of fees of such permits may be established and amended from time to time by the Building Commissioner.

Duration of Permits. The Building Commissioner may limit the duration of any sign permit and may condition said permit upon continued ownership or operation of the business advertised upon the sign.

Enforcement. The Zoning Enforcement Officer is hereby designated as the Sign Officer, and is hereby authorized to enforce this bylaw. The Sign Officer is authorized to order the repair or removal of any sign and its supporting structure which is judged dangerous, or in disrepair or which is erected or maintained contrary to this bylaw.

Removal of Signs. Any sign which has been ordered removed by the Sign Officer, or which is abandoned or discontinued, shall be removed by the person, firm, or corporation responsible for the sign within thirty (30) days of written notice to remove. Any sign not removed within the time limit shall be deemed a public nuisance, and shall be removed by the Town of Carver. The cost of said removal shall be borne by the sign and/or property owner and may be recovered by the Town, if necessary, in an action in the appropriate court. A sign or structure removed by the Town shall be held for not less than thirty (30) days by the Town during which period it may be recovered by the owner upon payment to the Town of the cost of removal and storage, and upon payment of any fine which may have been imposed. If not recovered within said thirty (30) day period, the sign or structure shall be deemed abandoned and title thereto shall be vested in the Town for disposal in any manner permitted by law.

Penalties. Violation of any provision of this bylaw or any lawful order of the Sign Officer shall be subject to a fine of not more than $300.00 per offense. Each day that such violation continues shall constitute a separate offense.

§ 290-3-6.1 Purpose.

The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations (LSGMSPI) including conventional and SMART/dual use, defined as those with a minimum nameplate capacity of 250 kW or greater or covering 1 acre or more of land, by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of LSGMSPI proposed to be constructed or materially altered after the effective date of this section and shall follow the guidelines set forth in the MA DOER/MA DEP/Mass CEC Clean Energy Results Ground Mounted Solar PV Systems dated June 2015, as amended to the most current guideline. To the extent that any particular provision of this bylaw is determined to be invalid, such invalidation shall not affect the validity of any other provision.

Smaller scale ground or building mounted solar electric installations which are an accessory structure to an existing residential or non residential use do not need to comply with this Section, but must comply with the other provisions of Carver's Zoning Bylaws as applicable.

§ 290-3-6.2 Exemptions.

Notwithstanding any other Zoning Bylaw provisions to the contrary, the following types of solar uses and structures are exempt from the provisions of Article 3-6 and are considered as allowed uses and structures by right and customarily accessory and incidental to permitted principal uses: a. Roof-mounted solar electric installations on a new non-residential building within the GBP District; provided, however, that such uses and structures above shall comply with the other provisions of the Carver Zoning Bylaws as applicable, and with health and safety requirements of the Building Inspector and Fire Chief, and/or his/her designee

§ 290-3-6.3 General Requirements for all Large-Scale Solar Power Generation Installations.

The following requirements are common to all LSGMSPI to be sited in designated locations:

Site Plan Review. All LSGMSPI shall undergo site plan review prior to construction or modification by the Planning Board, prior to issuance of a building permit to ensure conformity with all applicable bylaws.

(1)

General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer and Professional Land Surveyor licensed to practice in Massachusetts.

(2)

Required Documents. Pursuant to the site plan review process, the project proponent shall provide a site plan showing:

(a)

Surveyed Plans and engineered drawings of Commercial Solar Energy Facility signed and stamped by a Registered Land Surveyor and by a Professional Engineer licensed to practice in Massachusetts, showing the proposed layout of the system;

(b)

Existing Conditions: showing property lines and physical features including, but not limited to: wetlands and related buffer zones, rivers and associated riverfront areas, land subject to flooding, vernal pools, FEMA flood plains, logging or access roads, forested areas, forest density, existing vegetation, priority and estimated habitats;

(c)

Proposed changes to the landscape of the site including: grading, vegetation clearing, pollarding, as well as boundaries of proposed vegetative buffer;

(d)

Locations of public water supply as well as abutting properties' wells and septic systems;

(e)

Proposed surveyed layout of the system/facility and related structures, including final stormwater and other site management devices, fences, and the location of 20-foot wide access roads, including emergency vehicle turnarounds. Potential shading from nearby trees or structures should also be included;

(f)

Blueprints or drawings of the solar photovoltaic installation, and one or three line electrical diagrams detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system;

(g)

Documentation of the major system components to be used, including makes and models of the PV panels, transformer, inverter, mounting system, and chemicals for cleaning and maintenance of equipment;

(h)

Landscape plan(s) pursuant to 12.3.8.7[1] detailing the proposed natural vegetative buffer and visual screen. Boundaries of existing vegetation shall be shown in lighter lines beneath;

[1]

Editor's Note: So in original; see Art. 3-2, General Landscaping Requirements.

(i)

Diagrams of sight lines from abutting residential and commercial structures and public ways, and visualizations of views of the site from which the facility would be visible;

(j)

Construction stormwater management and erosion control;

(k)

Post-installation stormwater management plan;

(l)

Prior to the issuance of a Building Permit the applicant shall provide to the Building Inspector and to the Special Permit Granting Authority Safety Data Sheet (SDS)/Materials Data Sheets (MDS) for all components of (internal and external), and products for, construction of the Solar Energy Facility.

(m)

Name, address, and contact information for proposed system installer, the project proponent(s), and property owners if different;

(n)

The name, contact information, signature of any agents representing the project proponent; and

[1]

Documentation of actual or prospective access and control of the project site (see also Subsection B);

[2]

An operation and maintenance plan (see also Subsection C);

[3]

District designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

[4]

Proof of liability insurance; and

[5]

Description of financial surety that satisfies § 290-3-6.6C.

The Planning Board may require additional information, data or evidence as it deems necessary pursuant to the site plan review process.

Site Control. The project proponent shall submit documentation of prospective access and control of the project site sufficient to allow for construction and operation of the proposed LSGMSPI.

Operation & Maintenance Plan. The project proponent shall submit a plan for the operation and maintenance of the LSGMSPI, which shall include measures for maintaining safe access to the installation, repair or replacement of nonfunctioning panels, storm water controls, as well as general procedures for operational maintenance of the installation. A ground fuels maintenance plan shall be submitted during the site plan review process and be approved by the Fire Chief. The approved plan shall become a condition of the general site maintenance requirements outlined in § 290-3-6.5.

Utility Notification. No proposed LSGMSPI shall be submitted for review until evidence has been given to the Planning Board that the utility company that operates the electrical grid to which the installation is to be connected has been informed of the LSGMSPI owner or operator's intent to install an interconnected customer-owned generator, and that the electrical grid can safely transmit the proposed power output of the installation.

Dimension and Density Requirements.

(1)

Setbacks.

(a)

[1]

For LSGMSPI, front, side, and rear setbacks shall be at least 50 feet on the applicant's property; provided, however, that where the lot is located in a Residential-Agricultural district, the setbacks shall not be less than 200 feet on the applicant's property. LSGMSPI shall be provided with 200 foot setbacks on all lot lines abutting the Residential-Agricultural district, regardless of the zoning designated for the proposed site. Vegetated screening shall be provided for a minimum of 50% of the specified setback.

[2]

Every abutting property shall be visually and acoustically screened from the installation through either existing vegetation or new plantings of not less than 8 feet in height at the time of planting staggered at a spacing of no more than 8 feet apart throughout the required setback dimensions. All required plantings shall be maintained throughout the project's life, and replaced as necessary. As an alternate to providing the required screening through vegetation, it is acceptable to increase the setback to 600 feet on the applicant's property while providing an acceptable alternate screening such as a stockade fence and single row of vegetation in close proximity to the project.

[3]

The provided screening shall obscure from view on all sides at least 50% or 100% if the project is located in the Residential-Agricultural zoning district, of the project from adjacent properties, including upper levels of existing structures at the time of construction, within three years of the start of construction or earthwork activities. Security fences, roadways, and equipment shall not be placed within the required setback, except for that which is required to access the site from an adjacent roadway, or to transmit the generated power to the grid. Access roads and transmission lines shall be placed in such a manner as to not create an unobstructed view of the project from adjacent property lines.

(b)

[1]

Direct abutters to large-scale ground mounted solar photovoltaic installations (LSGMSPI) have the option of reducing the setbacks to a minimum of 50' along their common border of the project in a Residential-Agricultural (RA) zoning district by providing a signed affidavit that waives standard setback and screening requirements. The Applicants are required to contact all direct abutters affected to establish their willingness to enter into an agreement to waive the requirements. Signed affidavits must be provided to the Planning Board and on file with the Planning Board and referenced in the Special Permit decision.

[2]

Setbacks between arrays to be reduced to a minimum of 12.5 feet by right where arrays are proposed in a joint Application by owners, or common ownership of abutting properties.

(c)

Other Setbacks: Large Solar Energy Facilities shall be sited at least one hundred fifty feet (150') from abutting properties' wells and septic systems.

(2)

Maximum Site Density.

(a)

For projects with 10-20 acres within the security fence or the inner limits of screening if no security fence, no more than 50% of the receiving lot may be developed. For projects greater than 20 acres, up to 66% of the receiving lot may be developed. The developed area shall include the area of the project within the security fence of inner limits of screening if no security fence, plus all other existing and proposed structures throughout the site.

(b)

When one project is proposed on multiple contiguous parcels, only one single application is required.

(3)

Appurtenant Structures. All appurtenant structures to LSGMSPI shall be subject to regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements contained elsewhere within the zoning bylaws. All such appurtenant structures shall be architecturally compatible with each other and be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts. The project shall be designed so that the transformer(s) and inverter(s) are sited in the most remote location practical.

Design Standards.

(1)

Lighting. Lighting of LSGMSPI shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded to eliminate glare from abutting properties, shall be directed downward, and shall incorporate cut-off fixtures to reduce light pollution.

(2)

Signage. Signs on LSGMSPI shall comply with the Town of Carver's sign bylaw, Article 3-5. Signage at all site entrances shall be required to identify the owner and provide a 24-hour emergency contact phone number. LSGMSPI shall not be used for the display of any advertising.

(3)

Utility Connections. All utility connections including associated equipment and utility equipment from the LSGMSPI shall be placed underground or pad mounted, unless soil conditions, shape, or topography of the site as verified by Town's Consulting Engineer dictate above ground installation. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(4)

Hazardous Materials. Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000, and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the LSGMSPI, including the photovoltaic panels or transformer(s), then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.

(5)

Glare: The solar PV modules shall be positioned in such a way that minimizes glare to greatest practicable extent on a residence or public way at any time during the day.

§ 290-3-6.4 Safety and Environmental Standards.

Emergency Services. The LSGMSPI owner or operator shall provide a copy of the project summary, electrical schematic, as built plans, and site plan to the Fire Chief and Emergency Management Director. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the LSGMSPI shall be clearly marked, and training required to allow emergency response personnel to safely shut down the LSGMSPI in event of an emergency provided at no cost to the Town as requested by the Town. The owner or operator shall identify a responsible person for public inquires throughout the life of the installation, all changes shall immediately be brought to the attention of the Town. Site access to LSGMSPI shall be conducive to emergency vehicle travel to allow for unimpeded access around the site at all times. Access requirements, not limited to gating, road widths and surfaces, etc. will be reviewed during the site plan review process, with approval being at the discretion of the Fire Chief.

Land Clearing, Soil Erosion and Habitat Impacts Pre Construction Conference.

(1)

Prior to any site disturbance and construction, the limits of the approved buffer zones and any other approved site disturbances, shall be surveyed and clearly marked by a Professional Land Surveyor. Upon completion of the survey, the Professional Land Surveyor shall verify to the Planning Board, in writing, that the limit of work, as shown on the approved site plans, has been established on site.

(2)

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LSGMSPI or otherwise prescribed by applicable laws, regulations, and bylaws. Not more than 30% of forested land up to a maximum of five acres per lot shall be deforested for any one LSGMSPI.

(3)

Mitigation Measures. Mitigation for Loss of Forest Habitat within the Installation If forestland is proposed to be converted to a LSGMSPI, the plans shall show mitigation measures that create a wildflower meadow habitat, pollinator species within and immediately around the LSGMSPI and a successional forest habitat in the surrounding areas managed to prevent shading until the installation is decommissioned and the site restored to forest. The special permit may be conditioned to effect and make enforceable this requirement.

(4)

No clearing or site work can begin prior to a Preconstruction Conference held with the applicant, their contractor(s) and Town Staff including the Building Commissioner, Conservation Agent and Town Planner.

Control of Vegetation. Mowing or the use of pervious pavers or geo-textile materials underneath the LSGMSPI is the preferred method of vegetation control. Herbicides may only be used where it can be demonstrated that no danger is posed to groundwater supplies, or to local agricultural activities. Use of chemical herbicides or pesticide is limited to those approved by the Department of Agriculture Pesticide Bureau.

Panel Maintenance. Any and all materials used for maintenance of the LSGMSPI or other structures shall be properly disposed of and no harmful chemicals shall be used or stored onsite.

§ 290-3-6.5 Monitoring and Maintenance.

Large-Scale Solar Photovoltaic Installation Conditions. The LSGMSPI owner or operator shall maintain the facility in good condition, including but not be limited to, snow removal, painting, structural repairs, repair or replacement of nonfunctioning panels, on an annual basis maintenance of landscaping and required screening, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for all maintenance.

Modifications. All material modifications to a LSGMSPI made after issuance of the required building permit shall require site plan review and approval by the Planning Board for continued compliance of all applicable bylaws.

Annual Reporting. The owner or operator of the LSGMSPI shall submit an Annual Report demonstrating and certifying compliance with the Operation and Maintenance Plan and the requirements of this bylaw and their approved site plan including control of vegetation, maintenance of screening, adequacy of road access, information on the maintenance completed during the course of the year, and the amount of electricity generated by the facility. 6 copies of the report shall be submitted to the Board of Selectmen no later than 45 days after the end of the calendar year.

§ 290-3-6.6 Change of ownership: Abandonment or Decommissioning.

Ownership Changes. If the owner of the LSGMSPI changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the LSGMSPI shall notify the Building Commissioner of such change in ownership or operator within 14 days of the ownership change. A new owner or operator must provide such notification to the Building Commissioner in writing and meet with any permitting authority from which the original applicant received a permit.

Removal Requirements. Any LSGMSPI which has reached the end of its useful life, or has been abandoned consistent with § 290-3-6.6C of this bylaw, shall be removed no more than 120 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(1)

Physical removal of all LSGMSPI, structures, equipment, security barriers, and transmission lines from the site.

(2)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(3)

Stabilization or re-vegetation of the site as necessary to minimize erosion and runoff. Including the use of pollinator species and cranberry plants especially for Dual Use installations.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the LSGMSPI shall be considered abandoned when it fails to operate for more than sixty days without the written consent of the Board of Selectmen. As a condition of approval, if the owner or operator of the LSGMSPI fails to remove the installation in accordance with the requirements of this section within 120 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation. The costs for the removal may be charged to the property owner.

Financial Surety.

(1)

Proponents of LSGMSPI shall provide a form of surety through an escrow account to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount determined to be reasonable by the Planning Board and form determined to be reasonable by the Treasurer, but in no event to be less than 75 percent nor to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified expert, which shall include a mechanism for calculating increased removal costs due to inflation.

(2)

The financial surety may also be used to replace and maintain all required landscaping and vegetative screening when in the opinion of the Planning Board the owner/operator has failed to do so. All costs incurred by the Town for maintenance activities shall be paid by the property owner within 90 days, or the maintenance costs may be charged to the property owner.

§ 290-3-6.7 Special Permit for LSGMPI.

In the event that a Special Permit is required for a LSGMPI, the planning board may grant a Special Permit if the following conditions are met:

Such use will not nullify or substantially derogate from the intent or purpose of this bylaw;

Such use will not constitute a nuisance;

Such use will not adversely affect the neighborhood in which it is sited;

Such use complies with the standards for site plan review as spelled out in this bylaw;

The Planning Board may also provide for other conditions that it deems necessary.

§ 290-3-6.8 Dual Use Large Scale Ground-Mounted Solar Photovoltaic Installations ("LSGMPI")

Required setbacks and screening for SMART/Dual Use Arrays:

SMART/Dual Use Array
	Array Height	Setback	% Screening in Setback	Abutters Notification
Residential - Agricultural	8'+	200' *	100% **	300'

* Planning Board may reduce setbacks, but in no instance shall setbacks be less than 50' when abutting a Residential/Agricultural district.
** 100% screening shall be attained from the greater of abutting street grade or yard grade. Topographical situations may require flexibility in either setback or screening decisions.

To allow setbacks of a minimum of 12.5 feet if arrays are abutting a bog or other agricultural use as defined in G.L. c. 128, § 1A provided standard setbacks and screening requirements are waived in writing by all affected direct abutters in a Residential-Agricultural (RA) zoning district.

§ 290-3-7.1 Purpose.

The purpose of this article is to advance and protect the public health, safety, welfare, and quality of life by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

(1)

To provide a regulatory scheme for the location, construction and operation of battery energy storage systems consistent with best practices and safety protocols;

(2)

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems and to mitigate any potential impacts on abutting and nearby properties; and

(3)

To mitigate the impacts of battery energy storage systems on environmental resources such as agricultural lands, forests, wildlife, wetlands and other natural resources.

This article shall be construed to be consistent with state law, including but not limited to the provisions of General Laws chapter 40A, section 3, and state regulations, including but not limited to the provisions of the State Building Code, State Fire Code, and State Electrical Code. In the event of any conflict between the provisions of this section and the provisions of state law or regulations, the state law and regulations shall prevail.

§ 290-3-7.2 Applicability.

The requirements of this bylaw shall apply to battery energy storage systems permitted, installed, decommissioned or modified after the effective date of this bylaw, excluding general maintenance and repair. BESS subject to this bylaw are only those that exceed the following capacities:

(1)

Lead-acid with a capacity of greater than 70 kWh

(2)

Nickel with a capacity of greater than 70 kWh

(3)

Lithium-ion with a capacity of greater than 30 kWh

(4)

Sodium nickel chloride with a capacity of greater than 20 kWh

(5)

Flow with a capacity of greater than 20 kWh.

(6)

Other battery technologies with a capacity of greater than 10 kWh BESS that do not meet the threshold capacities above are not subject to this bylaw and are allowed by right in all zoning districts.

A battery energy storage system that is subject to this bylaw is classified as a Tier 1, Tier 2 or Tier 3 Battery Energy Storage System as follows:

(1)

Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than 0.5MWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

(2)

Tier 2 Battery Energy Storage Systems have an aggregate energy capacity equal to or greater than 0.5 MWh but less than 1MWH or are comprised of more than one storage battery technology in a room or enclosed area.

(3)

Tier 3 Battery Energy Storage Systems have an aggregate energy capacity greater than 1 MWh or are comprised of more than one storage battery technology in a room or enclosed area.

§ 290-3-7.3 General Requirements.

All permits required by state codes, including but not limited to building permit, an electrical permit, and a fire department permit shall be required for installation of all battery energy storage systems.

All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structures that (a) contain or are otherwise associated with a battery energy storage system and (b) subject to the requirements of the State Building Code, shall be designed, erected, and installed in accordance with all applicable provisions of the State Building Code 780 CMR, State Fire Code 527 CMR 1.00, and State Electrical Code 527 CMR 12.00. All battery energy storage systems shall comply with NFPA 855, Standard for the Installation of Stationary Energy Storage Systems.

Energy storage system capacities, including array capacity and separation, are limited to the thresholds contained in NFPA 855.

All access roads should be at least 12' wide, constructed of an all-weather surface, and be cleared of obstructions on both sides by at least 2'. A 16' vertical clearance should be maintained for large vehicle access. Access gates erected onsite should be at least 12' wide, accessible via Carver Fire Department lock. Access to all four sides of each enclosure should be provided where practical.

§ 290-3-7.4 Permitting Requirements for Tier 1 Battery Energy Storage Systems.

Tier 1 Battery Energy Storage Systems are allowed by right in all zoning districts, subject to applicable provisions of the State Building Code, Electrical Code, Fire Code, and other applicable codes, and are subject to minor site plan review and such provisions of this bylaw as are applicable.

§ 290-3-7.5 Permitting Requirements for Tier 2 and Tier 3 Battery Energy Storage Systems.

Tier 2 and Tier 3 Battery Energy Storage Systems are subject to this bylaw and require the issuance of a special permit in those zoning districts identified in Use Regulations Schedule in § 290-2-2.3, and are subject to Site Plan Review pursuant to Article 3-1. Tier 1 and Tier 2 BESS shall comply with the applicable requirements set forth in this bylaw, as well as this Zoning Bylaw, and the Carver General Bylaws. The following requirements apply to all Tier 1, Tier 2 and Tier 3 BESS subject to this bylaw, except where it is specifically noted to apply only to Tier 2 and Tier 3 BESS:

Utility Connections. All utility connections including associated equipment and utility equipment shall be placed underground or pad mounted, unless soil conditions, shape, or topography of the site as verified by the Town's Consulting Engineer dictate above ground installation. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Signage. Signage shall comply with the requirements of Article 3-5 of this Zoning Bylaw and the following additional requirements; in the event of a conflict between the provisions of Article 3-5 and this section, the requirements of this section shall prevail.

(1)

The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.

(2)

As required by the state electrical code, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(3)

Signage compliant with ANSI Z535 shall be provided on doors to rooms, entrances to BESS facilities, and on BESS outdoor containers.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety, security and operational purposes and shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, shall be shielded to eliminate glare from abutting properties, shall be directed downward, and shall incorporate cut-off fixtures to reduce light pollution.

Vegetation and tree-cutting. Areas within thirty feet on each side of Tier 2 or Tier 3 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Setbacks.

(1)

Tier 1, 2 and 3 Battery Energy Storage Systems shall be set back a minimum of 50 feet from all side, rear, and front lot lines. Tier 2 and Tier 3 BESS shall be set back a minimum of 200 feet from side, rear, and front lot lines that abut or are across a street from residential zoning districts or existing single, two-family, or multi-family structures. The minimum setback areas shall include a vegetated Buffer/Screening Area at least twenty feet wide along all property lines. Access drives and parking are allowed in the setback areas, but shall not intrude into the required Buffer Areas except where necessary to provide access or egress to the property. In addition, a minimum of 10 feet must be maintained, if within a building, between BESS components and all stored combustible materials, hazardous materials, high-piled storage, infrastructure.

(2)

Other Setbacks: Battery Energy Storage Systems shall be sited at least one hundred fifty feet (150') from abutting properties' wells and septic systems.

Dimensional. Tier 2 and Tier 3 Battery Energy Storage Systems shall comply with the dimensional limitations for principal structures of the underlying zoning district as provided in Article 2-3 of this Zoning Bylaw, unless otherwise provided in this bylaw.

Fencing Requirements. Tier 2 and Tier 3 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a minimum eight foot high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building. Security barriers, fences, landscaping, and other enclosures must not inhibit required air flow to or exhaust from the BESS and components. Electrical equipment greater than 1,000V require a separate and additional means to restrict access. NFPA 855 requires specialty safety systems to be provided based on the BESS chemistry and installed location.

Screening and Visibility. Tier 2 and Tier 3 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Such features may not inhibit required air flow to or exhaust from the BESS and components and must comply with the setbacks established in paragraph 6 above.

Noise: An Acoustic Study shall be provided in order to ensure that any increase in sound complies with Mass DEP requirement limiting any increase in ambient noise to be less than 10 decibels at the property line.

Mitigation for Loss of Carbon Sequestration and Forest Habitat. If land that is Forestland or has been Forestland within one year immediately preceding the filing an application to install a Tier 2 or Tier 3 BESS, the plans shall designate thereon an area of unprotected (meaning, not subject to G.L. c. 184, sections 31-33 at time of application) land on the same lot and of a size equal to two times the total area of Forestland that will be eliminated, cut, destroyed, or otherwise disturbed by such installation. Such designated land shall remain in substantially its natural condition without alteration, including prohibition of commercial forestry or tree cutting not related to the maintenance of the installation, until such time as the installation is decommissioned; except in response to a natural occurrence, invasive species or disease that impacts the trees and requires cutting to preserve the health of the forest.

Mitigation for Disruption of Trail Networks. If existing trail networks, old roads, or woods or cart roads are disrupted by the location of a Tier 2 or Tier 3 BESS, the plans shall show alternative trail alignments to be constructed by the applicant, although no rights of public access may be established hereunder.

Mitigation for Disruption of Historic Resources and Properties. Historic resources, structures and properties, such as cellar holes, farmsteads, stone corrals, marked graves, water wells, or pre-Columbian features, including those listed on the Massachusetts Register of Historic Places or as defined by the National Historic Preservation Act, shall be excluded from the areas proposed to be developed for a Tier 2 or Tier 3 BESS. A written assessment of the project's effects on each identified historic resource or property and ways to avoid, minimize or mitigate any adverse effects shall be submitted as part of the application. A suitable buffer area as determined by the PEDB shall be established on all sides of each historic resource.

Batteries. Failed battery cells and modules shall not be stored on the site and shall be removed no later than 30 days after deemed failed by the BESS operator or cell/module manufacturer. The operator shall notify the Carver Fire Department in advance if the type of battery or batteries used onsite is to be changed.

Decommissioning Plan. The applicant shall submit with its application a decommissioning plan for Tier 2 or Tier 3 BESS to be implemented upon abandonment and/or in conjunction with removal of the facility. The owner or operator of the BESS shall notify the Building Commissioner in writing at least twenty days prior to when a Tier 2 BESS or Tier 3 will be decommissioned. Decommissioning of an abandoned or discontinued Tier 2 BESS or Tier 3 shall be completed within six months after the facility ceases operation. The decommissioning plan shall include:

(1)

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

(2)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

(3)

The anticipated life of the battery energy storage system;

(4)

The estimated decommissioning costs and how said estimate was determined;

(5)

The method of ensuring that funds will be available for decommissioning and restoration;

(6)

The method by which the decommissioning cost will be kept current;

(7)

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

(8)

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Decommissioning Fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or other surety acceptable to the Town, in a form approved by the Planning Board and Town Counsel, for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.

Proof of Liability Insurance. The applicant or property owner shall provide evidence of commercially liability insurance in an amount and type generally acceptable in the industry and approved by the PEDB prior to the issuance of a building permit, and shall continue such insurance in effect until such facility has been decommissioned, removed, and the site restored in accordance with this bylaw.

§ 290-3-7.6 Site plan application.

For a Tier 2 or Tier 3 Battery Energy Storage System the site plan application shall include the following information, in addition to that required by Article 3-1 of this Zoning Bylaw:

A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all State Electrical Code compliant disconnects and over current devices.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Large-scale fire test data, evaluation information, and calculations, and modeling data. For any of the following, UL 9540A fire test data must be made available to the Planning Board and Fire Department for review: - BESS systems with a capacity of greater than 50kWh - BESS systems with spacing between arrays of less than 3 feet.

Safety data sheet (SDS) that address response safety concerns and extinguishment.

Commissioning Plan. The system installer or commissioning agent shall prepare a commissioning plan prior to the start of commissioning. Such plan shall be compliant with NFPA 855 and document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable state codes. Where commissioning is required by the Building Code, battery energy storage system commissioning shall be conducted by a Massachusetts Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required by applicable state codes shall be provided to Zoning Enforcement Officer and the Carver Fire Department prior to final inspection and approval and maintained at an approved on-site location.

Fire Safety Compliance Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with state codes, including documentation that BESS components comply with the safety standards set forth in § 290-3-7.8.

Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth state codes and NFPA 855. Maintenance provisions will be driven by manufacturer requirements for the specific listed system.

Depending on the location of the BESS in relation to and its interaction with the electrical grid, interconnection will be completed per 527 CMR 12.00. System interconnections into utility grids shall be in accordance with NFPA 855. An accessible disconnect is required per 527 CMR 12.00.

Prior to the issuance of the building permit, engineering documents must be signed and sealed by a Massachusetts Licensed Professional Engineer.

Emergency Operations Plan. An Emergency Operations Plan compliant with NFPA 855 is required. A copy of the Emergency Operations Plan approved by the Carver Fire Department shall be given to the system owner, the local fire department, and local fire code official. For so long as the BESS is operational, the operator shall provide the Fire Department, Police Department, Building Commissioner, and Town Manager's office with contact information for personnel that can be reached 24 hours per day every day, and this contact information shall be updated by the operator whenever there is a change in the information. The operator shall also be required to have an official representative be present onsite not later than two hours after notification by the Fire Chief, Police Chief, or their designee. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

(1)

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions.

(2)

Procedures for inspection and testing of associated alarms, interlocks, and controls, including time intervals for inspection and testing.

(3)

Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

(4)

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

(5)

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

(6)

Procedures for safe disposal of battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment and any affected soils from the facility.

(7)

Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

(8)

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

Yearly Site Inspection Plan. Such plan shall specify that a yearly site plan is conducted by a Massachusetts Licensed Professional Engineer to document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in applicable state codes.

§ 290-3-7.7 Ownership Changes.

If the owner of the battery energy storage system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Commissioner of such change in ownership or operator within 14 days of the ownership change. A new owner or operator must provide such notification to the Building Commissioner in writing and meet with any permitting authority from which the original applicant received a permit.

§ 290-3-7.8 Safety.

System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

(1)

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications),

(2)

UL 1642 (Standard for Lithium Batteries),

(3)

UL 1741 or UL 62109 (Inverters and Power Converters),

(4)

Certified under the applicable electrical, building, and fire prevention codes as required.

(5)

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site Access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department.

Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Yearly Site Inspection. A yearly inspection shall be conducted by a Massachusetts Licensed Professional Engineer per the Yearly Site Inspection Plan. A Corrective action plan shall be developed for any open or continuing issues that are reported. A report describing the results of the site inspection and corrective action plan shall be provided to the Carver Fire Department, Police Department, Carver Building Commissioner and Town Manager's Office.

§ 290-3-7.9 Abandonment.

The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than 90 days. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, after compliance with any applicable state and federal constitutional requirements, enter the property and utilize the available bond and/or security for the removal of a Tier 2 BESS or Tier 3 and restoration of the site in accordance with the decommissioning plan.

§ 290-3-7.10 Definitions.

As used in this bylaw, the following terms shall have the meanings indicated. Terms that are not defined herein or elsewhere in this Zoning Bylaw shall be as defined in NFPA 855 if applicable.

ANSI

American National Standards Institute.

BATTERY ENERGY STORAGE MANAGEMENT SYSTEM (BESS)

An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

BATTERY OR BATTERIES

A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this bylaw, batteries utilized in consumer products are excluded from these requirements.

CELL

The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

COMMISSIONING

A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

DEDICATED-USE BUILDING

A building that is built for the primary intention of housing battery energy storage system equipment, and complies with the following:

The building's only use is battery energy storage, energy generation, and other electrical grid related operations.

No other occupancy types are permitted in the building.

Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.

Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:

(1)

The areas do not occupy more than 10 percent of the building area of the story in which they are located.

(2)

A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

DIRECT ABUTTER

An owner of property, as shown on the most recent applicable tax list, that is adjacent to the property(ies) seeking a permit.

FOREST LAND

An ecosystem at least one acre in size stocked with trees capable of producing timber or other wood products which have not been developed for other uses.

NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)

A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

NFPA

National Fire Protection Association. Non-Dedicated-Use Building: All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.

NON-PARTICIPATING PROPERTY

Any property that is not a participating property.

NON-PARTICIPATING RESIDENCE

Any residence located on non-participating property.

PARTICIPATING PROPERTY

A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.

THIS BYLAW

Article 3-7 of the Zoning Bylaw.

Underwriters Laboratory.

§ 290-3-8.1 Disturbances.

No use shall be allowed if it will cause sound, noise, vibration, odor or flashing (except for warning devices, temporary construction, or maintenance work, parades, recreational or agricultural activities, or other special circumstances) perceptible without instruments more than 200 feet from the boundaries of the originating premises if in a non-residential district, or more than 40 feet from the boundaries of the originating premises if in a residential district, unless otherwise specified herein. However, the Board of Appeals may grant a special permit for an exception for activities not meeting these standards, in cases where the Board determines that no objectionable conditions are thereby created for the use of other affected properties.

§ 290-3-8.2 Erosion Control.

Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation, or uncontrolled surface water runoff by conformance with the following:

Grading or construction which will result in final slopes of 15% or greater on 50% or more of lot area, or on 30,000 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review.

All slopes exceeding 15% which result from site grading or construction activities shall either be covered with topsoil to a depth of 4 inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber.

No area or areas totalling 2 acres or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible.

The Building Inspector may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, if necessary, elevations of the subject property, description of vegetative cover, and the nature of impoundment basins proposed, if any.

In granting a special permit under Subsection A or B, the Planning Board shall require a performance bond to ensure compliance with the requirements of this article.

Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with retaining walls, or with vegetative cover as follows:

Average percentage slope	Minimum percentage of land to remain in vegetation
10.0 - 14.9	25
15.0 - 19.9	40
20.0 - 24.9	55
25.0 - 29.9	70
30.0 and above	85

§ 290-3-8.3 Wind Energy Facilities (WEF).

Purpose. The purpose of this article is to provide for the development and use of wind power as an alternative energy source, while protecting public health, safety and welfare, preserving environmental, historic and scenic resources, controlling noise levels and preventing electromagnetic interference.

Applicability. Any application to erect a structure that utilizes energy from wind shall comply with this article.

Definitions.

COMMERCIAL WIND ENERGY FACILITY (CWEF)

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity greater than 10.1 kW, located in a designated commercial district.

(1)

WEF located in commercial districts by commercial entities with a rated capacity of not more than 10.1 kW shall be permitted as residential.

(2)

WEF serving neighborhoods or multiple residences are encouraged however; proposals shall be permitted as a CWEF, allowed in residential districts.

RESIDENTIAL WIND ENERGY FACILITY (RWEF)

A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 10.1 kW, located on a single lot, intended as an accessory use in a designated residential district or in connection with any residential use in a designated commercial district or in connection to any agricultural use in any zoning district.

TEMPORARY METEOROLOGICAL TOWERS (MET TOWERS)

Wind measuring equipment that typically consists of, and limited to, one or more anemometers and wind vanes and related recording devices mounted on a temporary tower structure for the purpose of ascertaining the wind resource that exists at a particular site. Met Towers to be installed and operated for a maximum of thirty-seven (37) months shall be considered Temporary; any such equipment to be installed and operated in excess of thirty-seven (37) months shall be considered permanent and included in the definition of WEF.

WIND ENERGY FACILITY (WEF)

All equipment, machinery and structures utilized in connection with wind-generated energy production and generation, including accessory transmission, distribution, collection, storage or supply systems whether underground, on the surface, or overhead and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower) and accessory permanent meteorological (wind measuring devices including anemometers and related equipment) towers to be in place for more than thirty-seven (37) months, transformers, substation, power lines, control and maintenance facilities, site access and service roads. Temporary meteorological towers are not a WEF and are separately provided for in the definition of "temporary meteorological towers (MET towers)."

WIND TURBINE

A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower without guy wires.

Special Permit Granting Authority.

(1)

The Planning Board is hereby established as the Special Permit Granting Authority (SPGA) in connection with construction of Wind Energy Facilities (WEF).

(2)

The SPGA shall grant a Special Permit only if it finds that the proposal complies with the provisions of this bylaw (unless waived) and is consistent with the applicable criteria for granting special permits.

Development Requirements. The following requirements apply to all Wind Energy Facilities (WEF).

(1)

Proposed WEF shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

(2)

Applicants shall provide a complete description of CWEF including technical, economic, environmental, and other reasons for the proposed location, height and design.

(3)

RWEF shall be limited to one (1) tower per lot or on contiguous lots held in common ownership. This number may be exceeded as part of the special permit process if the applicant can demonstrate that additional number is needed and that the additional benefits of the additional towers does not create any adverse impacts, as outlined in this bylaw.

(4)

Tower Height.

(a)

CWEF: Height limited by special permit. The SPGA shall make a finding that the height proposed is necessary for adequate operation of the CWEF.

(b)

RWEF: Maximum height ninety (90) feet. This height may be exceeded as part of the special permit process if the applicant can demonstrate that additional height is needed and that the additional benefits of the height does not create any adverse impacts, as outlined in this bylaw.

(5)

Monopole towers are the only type of support allowed.

(6)

Height Calculation. Overall height of the wind turbine shall be measured from the land in its natural state prior to grading or filling to the highest point reached by any part of the wind turbine.

(7)

Setbacks. The minimum setback for the wind turbine shall be maintained equal to the overall engineered designed height plus ten (10) feet from all boundaries of the site on which the WEF is located.

(a)

No part of the WEF support structure may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located.

(b)

WEF shall be setback a distance of four times the overall blade radius from access easements and above ground utility lines.

(c)

The Planning Board may reduce setbacks distances for the WEF with the permission of the abutting property owner(s) together with an easement, as recorded at the Plymouth County Registry of Deeds, depicting such agreement.

(8)

Wetlands. No part of a WEF shall be located within the jurisdiction of the Carver Conservation Commission unless a determination is made by the Conservation Commission.

(9)

Noise. The WEF and associated equipment shall conform to the Massachusetts noise regulation (310 CMR 7.10). If deemed necessary by the SPGA, an analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.

(a)

Manufacturer's specifications may be accepted when in the opinion of the Planning Board the information provided satisfies the above requirements.

(b)

Upon written notification of a complaint of excessive noise, the Inspector of Buildings/Chief Zoning Enforcement Officer or his designee, herein after referred to, as the Enforcing Person shall record the filing of such complaint. The Enforcing Person shall promptly investigate. If noise levels are determined to be excessive, the Enforcing Person shall require the property owner to perform ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence.

(c)

If the noise levels are found to have exceeded allowable limits the Enforcing Person shall notify in writing the owner of the property to correct the violation. If the noise violation is not remedied within 30 days the CWEF shall remain inactive until the noise violation is remedied which may include relocation or removal at the owner's expense.

(d)

If determined that allowable limits have not been exceeded, notice in writing shall be provided to the person who has filed such complaint and the owner of the property stating that no further action is required, all within fourteen (14) days of the receipt of the request. Any person aggrieved by the decision may appeal said decision to the Board of Appeals in accordance with Article 5-2 of this Bylaw. Any such appeal must be filed within (30) days after the receipt of the decision of the Chief Zoning Enforcement Officer or Enforcement Officer.

(10)

Shadowing/Flicker. The WEF shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(11)

Prevention of Access. The applicant/owner shall ensure that all related components of the CWEF are protected from unlawful access.

(12)

Visual Impact. The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WEF components. All components of the WEF and its support structure shall be painted plain non-reflective muted colors without graphics or other decoration.

(13)

Lighting. If lighting is proposed (other than required FAA lights) the applicant shall submit a plan indicating the horizontal foot candles at grade, within the property line and twenty-five (25) beyond the property lines. The plan shall also indicate the locations and types of luminaries proposed.

(14)

Provisions for inspection and maintenance must be submitted.

Procedural Requirements.

(1)

Site Plan. A site plan must be submitted, prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WEF, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, above ground utility lines, existing and proposed vegetation, and any other significant features or appurtenances. Any portion of this article may be waived if in the opinion of the Planning Board the materials submitted are sufficient for the Board to make a decision.

(2)

Telecommunications. CWEF may include telecommunication antennas provided they comply with Article 4-6 of this bylaw. The telecommunications carrier shall be named as the co-applicant. Co-applications are encouraged.

(3)

Compliance with Massachusetts State Building Code. Building permit applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Documentation showing compliance with the Massachusetts State Building Code certified by a licensed professional engineer shall also be submitted. (Manufacturer specifications may be suitable at the discretion of the Inspector of Building).

(4)

Compliance with FAA Regulations. WEF must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(5)

Compliance with National Electric Code. Building permit applications for WEF shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(6)

Utility Notification. No WEF shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(7)

Abandonment: A WEF shall be considered to be abandoned if it is not operated for a period of two years, or if it is designated a safety hazard by the Inspector of Buildings. Once a WEF is designated as abandoned, the owner shall be required to physically remove the WEF within 90 days of written notice. "Physically remove" shall include, but not be limited to:

(a)

Removal of WEF, any equipment shelters and security barriers from the subject property.

(b)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(c)

Restoring the location of the WEF to its natural condition, except that any landscaping and grading shall remain in the after-condition.

(8)

Modifications. All modifications (excluding repairs, maintenance, and equipment upgrades to existing structures and/or equipment) to a WEF made after issuance of the Special Permit shall require approval by the SPGA.

(9)

Professional Fees. The Planning Board may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be the expense of the applicant through the review and inspection fees.

(10)

The submittals and permits of this article shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning By-Law

Security.

(1)

Requirement. In conjunction with the above special permit approval process the Planning Board may require the posting of a bond or other security to assure satisfactory fulfillment of the above, in such sum and in accordance with such conditions as the Board may determine necessary.

(2)

Exception. The Board need not require security where there is full assurance of compliance with the above special permit.

(3)

Amount. The amount of security required shall not exceed either the estimated costs of the measures proposed, or the estimated cost of restoration of affected lands and property if the work is not performed as required, whichever is the greater.

Met Towers.

(1)

Zoning Permit: Met Towers shall be erected, constructed, installed, or modified only by first obtaining Administrative Review approval from the Planning Board. Met Towers shall be permitted under the same standards as a WEF provided for in § 290-3-8.3 and all related sections, except that: (a) The requirements apply to a temporary structure; (b) A permit for a temporary met tower shall be valid for a maximum thirty-seven (37) months in total, including any extensions that may be requested and granted; and (c) Small anemometers installed directly on buildings shall not require a building or special permit.

§ 290-3-9.1 Scope of Authority.

The Floodplain District is an overlay district and shall be superimposed on the other districts established by this bylaw. All regulations in the Carver Zoning Bylaw applicable to such underlying districts shall remain in effect, except that where the Floodplain District imposes additional regulations, the more stringent regulations shall prevail.

§ 290-3-9.2 Purpose.

The purpose of the Floodplain District is to:

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions;

Reduce damage to public and private property resulting from flooding waters.

§ 290-3-9.3 Floodplain District Delineation.

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Carver on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 6, 2021, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Building Commissioner, Planning Board, and Conservation Commission.

§ 290-3-9.4 Administration, Abrogation, Liability, Severability.

Administration and Enforcement. The Town designates the position of Building Commissioner to be the official floodplain administrator for the Town of Carver. The Building Commissioner shall administer and enforce this by-law article in accordance with Article 5-1 of the Carver Zoning By-laws.

Abrogation. The Floodplain management regulations found in this Floodplain District article shall take precedence over any less restrictive conflicting bylaws or regulations.

Liability Disclaimer. The degree of flood protection required by this article is considered reasonable but does not imply total flood protection.

Severability. If any section, provision or portion of this article is deemed unconstitutional or invalid by a court, the remainder of the article shall be effective.

§ 290-3-9.5 New Technical Data Submission Requirements.

If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these change(s) by submitting the technical or scientific data that supports the change(s.)

Notification shall be submitted to: FEMA Region I Risk Analysis Branch Chief 99 High St., 6th Floor Boston, MA 02110.

And a copy of notification to: Massachusetts NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street Boston, MA 02114 3750.

§ 290-3-9.6 Variances/Permits in the Floodplain.

Building Code Floodplain Variance. The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering the property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to live and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain district.

Local Zoning Variances. A variance from these floodplain bylaws must meet the requirements set out by State law, and may be only granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

Floodplain Permits. The Town of Carver requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Permitting Review Process. Carver's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

Subdivision and Other Development Proposals. All subdivision and development proposal in the floodplain district shall be reviewed to assure that: (a) Such proposals minimize flood damage; (b) Public utilities and facilities are located and constructed so as to minimize flood damage; and (c) Adequate drainage is provided.

§ 290-3-9.7 Use Regulations.

Permitted Uses. Except as otherwise provided, in the Floodplain District, no new building shall be constructed, and no existing structure shall be enlarged within its existing footprint, moved to a more vulnerable location, or altered except to upgrade for compliance with documented existing health and safety codes; no dumping, filling, or earth transfer or relocation shall be permitted; nor shall any land, building or structure be used for any purposes, except:

(1)

Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings and structures.

(2)

Wildlife management or conservation areas, foot, bicycle, and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of floodwaters or of any water course.

(3)

Agricultural uses or forestry uses.

(4)

Uses lawfully existing prior to the enactment of this bylaw.

Use Limitations.

(1)

No development or redevelopment shall be permitted within FEMA identified Special Flood Hazard Areas, except where fire, storm, or similar disaster caused damage to or loss of greater than 50% of the market value of buildings in this high hazard zone.

(2)

No new public infrastructure or expansion of existing infrastructure shall be made in FEMA A flood zones unless there is a documented and accepted overriding public benefit provided, and provided that the infrastructure will not promote new growth or development in these areas. New or replacement water and/or sewer systems shall be designed to avoid impairment to them or contamination from them during flooding.

(3)

Development and redevelopment shall be subject to the requirements of the FEMA identified Special Flood Hazard Areas and related policies and regulations;

(4)

Public infrastructure and private wastewater treatment facilities may be constructed in FEMA Mapped A-zones provided that: 1) the facilities are consistent with the Flood Hazard Mitigation Plan and 2) the infrastructure is flood resistant.

(5)

All new buildings or substantial improvements to existing structures in the FEMA A zone shall comply with FEMA and State Building Code regulations for elevation and flood proofing.

(6)

In Zone AE, along watercourses within the Town of Carver that have a regulatory floodway designated on the Plymouth County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge."

(7)

All subdivision proposals must be designed to assure that:

(a)

Such proposals minimize flood damage;

(b)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

(c)

Adequate drainage is provided to reduce exposure to flood hazards.

(8)

No activity shall increase the elevation or velocity of flood waters or flows in the floodplain district.

§ 290-3-9.8 Base Flood Elevation, Floodway Data and Flood Zones.

Base Flood Plain Elevation Data. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine, base flood elevations for each developable parcel shown on the design plans.

Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, and for prohibiting encroachments in floodways.

Floodway Encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

AO and AH Zones. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Recreational Vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Notification of Watercourse Alteration. In a riverine situation The Town of Carver shall notify the following of any alteration or relocation of a watercourse:

(1)

Abutting Communities:

NFIP State Coordinator Massachusetts Department of Conservation and Recreation

251 Causeway Street, 8th Floor

Boston, MA 02114

(2)

NFIP Program Specialist:

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

§ 290-3-9.9 Definitions.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

FLOOD BOUNDARY AND FLOODWAY MAP

Means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)

FLOOD HAZARD BOUNDARY MAP (FHBM.)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

Means a vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See FLOODWAY. SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE

A grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)[1] is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

ZONES, FLOOD

ZONE A

Means an area of special flood hazard without water surface elevations determined.

ZONE A1-30 AND ZONE AE

Means area of special flood hazard with water surface elevations determined ZONE AH means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between (1) and (3) feet, and with water surface elevations determined ZONE AO means area of special flood hazards having shallow water depths and/or unpredictable flow paths between (1) and (3) ft. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)

ZONE A99

Means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)

ZONES B, C, AND X

Means areas of minimal or moderate flood hazards or areas of future conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)

ZONE V

Means area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area)

ZONE V1-30 AND ZONE VE (for new and revised maps)

Means area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area)

[1]

Editor's Note: See 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), and (e)(5).

§ 290-3-10.1 Purpose.

The purpose of this Article 3-9, Conservation Subdivision Design, is to encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use; to preserve historical and archeological resources; to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to perpetuate the appearance of Carver's traditional New England landscape; to allow landowners a reasonable return on their investment; to facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and to promote the development of housing affordable to low and moderate income families.

§ 290-3-10.2 Applicability.

Any creation of five (5) or more lots, whether a subdivision or not, from a parcel or set of contiguous parcels held in common ownership and located entirely within the Residential Agricultural (RA) District, may proceed under this Article 3-9, Conservation Subdivision Design, pursuant to the issuance of a special permit by the Planning Board, as indicated in § 290-2-2.3, the Use Regulation Schedule. Such special permits shall be acted upon in accordance with the following provisions.

§ 290-3-10.3 Procedures.

Applicants for Conservation Subdivision Design shall file with the Planning Board six (6) copies of the following:

A Development Plan conforming to the requirements for a preliminary subdivision plan under the Subdivision Regulations of the Planning Board. Such plan shall indicate proposed topography, wetlands, and, unless the development is to be sewered, the results of deep soil test pits and percolation tests at the rate of one per acre, but in no case fewer than four (4) per Conservation Subdivision. Where wetland delineation is in doubt or dispute, the Planning Board shall require the applicant to submit to the Conservation Commission a request for determination of applicability pursuant to G.L. c. 131, s.40 and 310 CMR 10.05(3). The Planning Board shall refer data on proposed wastewater disposal to the Board of Health for their review and recommendation. The Planning Board may also require as part of the Development Plan any additional information necessary to make the determinations and assessments cited herein.

Four-Step Design Process. Each Development Plan shall follow a four-step design process, as described below. When the Development Plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that these four design steps were followed by their site designers in determining the layout of their proposed streets, houselots, and open space.

(1)

Designating the Open Space. First, the open space is identified. The open space shall include, to the extent feasible, the most sensitive and noteworthy natural, scenic, and cultural resources on the property.

(2)

Location of House Sites. Second, potential house sites are tentatively located. House sites should be located not closer than 100 feet to wetlands areas, but may be situated within 50 feet of open space areas, in order to enjoy views of the latter without negatively impacting the former.

(3)

Street and Lot Layout. Third, align the proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on open space. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged.

(4)

Lot Lines. Fourth, draw in the lot lines. These are generally drawn midway between house locations.

§ 290-3-10.4 Modification of Lot Requirements.

The Planning Board may authorize modification of lot size, shape, and other bulk requirements for lots within a Conservation Subdivision, subject to the following limitations:

Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved.

Each lot shall contain not less than one-half of the area otherwise required in the district, and have frontage of not less than 50 feet.

Each lot shall have at least 50% of the required yards in the district.

§ 290-3-10.5 Number of Dwelling Units.

The maximum number of dwelling units allowed shall be equal to the number of lots which could reasonably be expected to be developed upon that parcel under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan. The Planning Board may require a preliminary conventional subdivision lotting plan to be submitted in order to demonstrate potential.

§ 290-3-10.6 Open Space Requirements.

A minimum of 20% of the parcel shown on the Development Plan shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the Conservation Subdivision. Not more than 25% of such open space shall be wetlands, as defined pursuant to G.L. c. 131, s. 40.

The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.

The required open space shall remain unbuilt upon, provided that ten percent (10%) of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, bikepaths, and agriculture.

Underground utilities to serve the Conservation Subdivision site may be located within the required open space.

The required open space shall, upon mutual agreement between the applicant and the Carver Planning Board, be conveyed to:

(1)

The Town of Carver or its Conservation Commission;

(2)

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; or

(3)

A corporation or trust owned jointly or in common by the owners of lots within the Conservation Subdivision. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town of Carver to perform maintenance of the open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide fourteen (14) days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. The owner of each lot shall be deemed to have assented to the town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the town of same. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded in the Registry of Deeds.

Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

§ 290-3-10.7 Buffer Areas.

All dwellings and structures shall be located a minimum of 50 feet from adjacent properties, and 100 feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, in accordance with G.L. c. 131, s. 40, the Wetlands Protection Act, except where adjacent to agriculturally used property.

§ 290-3-10.8 Decision.

The Planning Board may approve, approve with conditions, or deny an application for a Conservation Subdivision, after assessing whether the Conservation Subdivision better promotes the objectives of § 290-3-9.1, herein, than would a conventional development.

§ 290-3-10.9 Relation to Other Requirements.

The submittals and permits of this article shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning By-Law.

§ 290-3-11.1 Purpose.

The purpose of this article is to encourage the preservation of open land for its scenic beauty particularly frontage along public ways, ponds, rivers, wetlands and to enhance open space, forestry, and recreational use; to preserve existing agricultural, historical and archeological resources; to protect the natural environment; to protect the value of real property; to promote more sensitive sitting of buildings and better overall site planning; to perpetuate the appearance of Carver's traditional New England landscape; to facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and to promote the development of varied housing opportunities, including housing affordable to low and moderate income families and provide accompanying conveniences, recreational areas and community center facilities.

§ 290-3-11.2 Applicability.

A Townhouse Development may be permitted by special permit on a single tract of land, in single or consolidated ownership at the time of application, with an area of at least twenty acres (20) or five (5) acres for over 55 housing entirely in the RA District or in the HC District, or with an area of at least three (3) acres entirely in the GB District or in the V District.

§ 290-3-11.3 Procedures.

An applicant for a Townhouse Development shall submit to the Planning Board an application for a special permit and ten (10) copies of a Development Plan in such form as may be required in the Planning Board's Rules and Regulations Governing Townhouse Development Special Permits, together with a Net Usable Land Area plan as described in § 290-3-10.4 and an application for Site Plan Approval under Article 3-1. Special permits for Townhouse Developments shall be acted upon in accordance with Article 5-3 of this by-law, and shall conform to the standards in § 290-2-2.3 and to the following requirements.

§ 290-3-11.4 Number of Dwelling Units.

The number of dwelling units shall be established by having a Net Usable Land Area (NULA) plan for the overall property submitted to the Board. The NULA acreage is established by subtracting all water bodies, wetlands, marshes, bogs and land within a sixty-five (65) foot wetland buffer area to these regulated lands. The remaining upland area is the NULA for the purposes of establishing the number of dwelling units allowed in a town house development. In the RA and HC districts, the total number of proposed dwelling units within the development shall not exceed one point two-five (1.25) units per NULA acre or two (2) units per NULA acre for over 55 housing. In the GB and V districts, the total number of proposed dwelling units within the development shall not exceed two (2) units per NULA acre.

Fifteen percent (15%) of the total number of dwelling units shall meet the State's affordable housing requirements for low to moderate income. These affordable units shall be marketed through, and homebuyers or renters selected by, a housing organization approved by the Board with resale restrictions to assure continued affordability in perpetuity. Such restrictions shall be made known to the homebuyer or renter prior to the purchase/occupancy of unit. Dwelling units reserved for occupancy by persons or families of low to moderate income, or for occupancy by a single individual, shall not be segregated from market rate or larger dwelling units in the Townhouse Development.

[Amended 4-11-2023 ATM by Art. 33]

Dwelling units shall be varied as to the number of bedrooms. The maximum number of bedrooms allow in a dwelling unit shall be three (3). No more than fifteen percent (15%) of the total number of dwelling units shall have three (3) bedrooms.

Maximum building height shall not exceed thirty-five (35) feet.

The number of townhouse units in a proposed Town House Development, when combined with the number of all existing and previously permitted townhouse units in Carver, shall not exceed twenty-five percent (25%) of the total number of existing dwelling units in the Town as of the date of the Townhouse Development special permit application.

Duplexes and/or two family dwellings shall be allowed in a Townhouse Development and shall adhere to all requirements as set forth in this by law. At no time shall more than 25% of the total number of units proposed in a Townhouse development be comprised of duplexes or two family structures.

§ 290-3-11.5 Open Space Requirements.

One or more open space areas shall be shown on the development plan.

(1)

Such areas shall include the following:

(a)

All undeveloped wetlands on the parcel;

(b)

The 65 ft. buffers to those wetlands; and

(c)

A minimum of fifty percent (50%) of the NULA or thirty percent (30%) for over 55 housing of the parcel if it is in the RA or HC district, or a minimum of thirty percent (30%) of the NULA of the parcel in the GB or V district.

(2)

Such open space shall exclude required building envelopes, and buffers to adjoining properties (except where buffer areas are contiguous to said open space areas). Such open space may be divided by roads constructed within the Townhouse Development.

The required open space shall be used for conservation, historic preservation and education, outdoor passive education, park purposes, or for a combination of these uses, and shall be served by suitable access for such purposes.

The required open space shall remain unbuilt upon, provided that five percent (5%) of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, such as a community center, pedestrian walks, bike paths, pools, tennis courts, and existing agriculture.

The required open space shall be of a shape, size, character, and location suitable, in the opinion of the Planning Board, for its intended purposes. At least half of the required upland open space shall be in a consolidated and unfragmented mass, as reasonably interpreted by the Planning Board. To the extent possible, the open space shall include land of the greatest scenic, environmental, or recreational importance to the Town.

The required open space shall be conveyed in conformance to the requirements provided in the Rules and Regulations Governing Townhouse Development Special Permits.

Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for the uses listed in Subsection B, and that it shall be maintained in a manner that will ensure its suitability for its intended purposes.

§ 290-3-11.6 Design Standards.

The following design standards are required:

Buffer Areas: All dwellings and structures shall be located a minimum of sixty (60) Feet or may be reduced to a minimum of forty Feet (40) for over 55 housing at the Planning Boards discretion from adjacent properties, and one hundred (100) feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, where the sixty (60) foot buffer or forty Feet (40) for over 55 housing of natural vegetation is not adequate (in the Planning Board's opinion) to screen the development from adjacent properties the Board may require additional plantings, earth berms and/or fencing.

Building Envelope. All site plans shall locate a building envelope radius of forty (40) feet or thirty Feet (30) for over 55 housing from the outside edge of a townhouse building or group of buildings. Open space, ways, lanes and collectors may not be located within the building envelope. Parking, driveways, sidewalks, individual unit gardens/lawns etc. may be developed within the building envelope. For the minimum setback between buildings see the following Subsection C.

Architectural style. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town, through the use of appropriate building materials, screening, breaks in roof and wall lines, setbacks and other architectural techniques. Variation in detail, style, form and location shall be used (for both the residential units and accessory garages if employed) to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. Adequate separation shall mean a minimum distance of 1.2 times the height of the proposed buildings.

Roadways. Roadway length and construction details are provided in the Townhouse Development Special Permit Rules and Regulations. The Board may require that existing problems on/or adjacent to the site be mitigated as a condition of approval of the special permit under this article.

Parking. The development shall provide two (2) spaces per each unit, plus one (1) visitor parking space for every five (5) units, plus one (1) space for every two hundred (200) square feet of non-residential building area. In cases where the units are provided with a garage and two spaces for each unit on a driveway, the visitor spaces shall not be required. Parking areas shall be screened from public ways and adjacent or abutting properties by building location, fencing and/or dense plantings. Parking areas, including maneuvering space for parking and loading areas shall not be located within the required buffer areas. No parking shall be allowed on interior roadways.

Services. Exposed storage areas, machinery, service areas, truck loading areas, adequate solid waste disposal facilities, utility buildings and structures and other unsightly uses shall be set back and/or screened to protect neighbors and future residents from said features. Electric, telephone, cable TV, and other such utilities shall be underground. An adequate water source for fire protection shall be provided.

Lighting. No building/structure shall be floodlit. Drives, walkways, entryways, and parking areas shall not be illuminated by lights higher than fifteen (15) feet, which shall be shielded to have a total cutoff of all light at less than ninety (90) degrees and a beam cutoff less than seventy-five (75) degrees..

§ 290-3-11.7 Decision.

The Planning Board may approve, approve with conditions, or deny an application for a Townhouse Development, after considering the criterion set out in Article 5-3, and also assessing whether the Townhouse Development better promotes the objectives of § 290-3-10.1, herein, than would conventional development.

§ 290-3-11.8 Relation to Other Requirements.

The submittals and permits of this article shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning By-law.