ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "sexual conduct" as that term is defined in M.G.L. c. 272, s. 31; "Sexual Devices" or an establishment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dildos, penisators, vibrators, penis rings, erection enlargement or prolonging creams or other preparations or an establishment with a segment or section devoted to the sale or display of such materials.

ADULT LIVE ENTERTAINMENT ESTABLISHMENTS — Establishments which feature live entertainment which consists of entertainers engaging in "sexual conduct" or "nudity" as defined in M.G.L. c. 272, s. 31.

ADULT MINI MOTION PICTURE THEATER — An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "sexual conduct" as defined in M.G.L. c. 272, s. 31 (as defined below) for observation by patrons therein.

ADULT MOTION PICTURE THEATER — An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct" as defined in M.G.L. c. 272, s. 31, for observation by patrons therein.

DWELLING, MULTI-UNIT — A dwelling containing 3 or more units separated by vertical walls or horizontal floors.

DWELLING, SINGLE-UNIT — A building containing one dwelling unit.

DWELLING, TWO-UNIT — A building containing two dwelling units, also known as a duplex.

DWELLING UNIT — Living quarters for a single household with cooking, living, sanitary, and sleeping facilities substantially independent of those of any other unit. Not more than 1 household is permitted per dwelling unit.

AFFORDABLE UNIT — A dwelling unit, whether for sale or for rent, that is eligible for inclusion on the Subsidized Housing Inventory of the Department of Housing and Community Development.

DEVELOPMENT — 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. [U.S. Code of Federal Regulations, Title 44, Part 59]

FLOOD BOUNDARY AND FLOODWAY MAP — 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.)

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 — 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. [U.S. Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [U.S. Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE — Any structure that is: (a) 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; (b) 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; (c) 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 (d) 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. [U.S. 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, bylaw, 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 — A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [U.S. 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, or AH. [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. [U.S. 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 floodplain management regulation. [U.S. 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 floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3 is presumed to be in violation until such time as that documentation is provided. [U.S. Code of Federal Regulations, Title 44, Part 59]

AQUIFER — Geological formation composed of rock and sand, or gravel that contains significant amounts of potentially recoverable water.

GROUNDWATER PROTECTION DISTRICT — The zoning district defined to overlay other zoning districts in the Town of Erving. The groundwater protection district may include specifically designated recharge areas.

IMPERVIOUS SURFACE — Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING — The removal or relocation of geological materials such as topsoil, sand, gravel, metallic ores, or bedrock.

RECHARGE AREAS — Areas that collect precipitation or surface water and carry it to aquifers. Recharge Areas may include areas designated as Zone I, Zone II, or Zone III.

TOXIC OR HAZARDOUS MATERIALS — Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Erving. Toxic or hazardous materials include, without limitation, synthetic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.) Chapter 21C and 21E and 310 Code of Massachusetts Regulations (CMR) 30.00, and also includes such products as solvents and thinners in quantities greater than normal household use.

ZONE II — The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at a safe yield with no precipitation), as defined in 310 CMR 22.00.

LOT COVERAGE — The area of a lot occupied by structures, walkways, drives, parking or other impervious or semi-pervious surfaces.

LOT FRONTAGE — The boundary of a lot coinciding with a street line provided that there must be both rights-of-access and potential vehicular access across that boundary to a potential building site and the street has been determined by the Planning Board to provide adequate access to the premises under the provisions of the Subdivision Control Law and the Erving Subdivision Regulations currently in effect. Lot frontage shall be measured continuously along one street line between side lot lines or, in the case of corner lots, between one side lot line and the midpoint of the corner radius. The portion of a lot fronting on a discontinued road, or a road which is not continuously constructed to a point beyond the border of the subject lot, does not constitute frontage for purposes of Approval Not Required Plans. Access to a building lot must be via the front lot line which provides the Minimum Lot Frontage required.

LOT LINE (FRONT) — The line separating the lot from the public way across which access is gained to the property.

LOT LINE (REAR) — The lot line opposite to and most distant from the front lot line.

LOT LINE (SIDE) — Any lot line not a front lot line or rear lot line.

CRAFT MARIJUANA CULTIVATOR COOPERATIVE — A marijuana cultivator comprised of residents of the commonwealth organized as a limited liability company or limited liability partnership under the laws of the Commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission, that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products for delivery to marijuana establishments but not to consumers.

HOST COMMUNITY AGREEMENT — A marijuana establishment seeking to operate in Erving shall execute an agreement with the host community setting forth the conditions for having a marijuana establishment located within the host community. Such Host Community Agreement shall include, but not be limited to, all stipulations of responsibilities between Erving and the marijuana establishment. A Host Community Agreement between a marijuana establishment and a host community will include a community impact fee for the host community; provided, however, that the community impact fee shall be reasonably related to the costs imposed upon the municipality by the operation of the marijuana establishment and shall not amount to more than 3 percent of the gross sales of the marijuana establishment or a greater amount if allowed by the State. Such Host Community Agreement shall be effective for 5 years and can be renewed for successive 5-year periods at the option of the Town. Any cost to Erving imposed by the operation of a marijuana establishment shall be documented and considered a public record.

INDEPENDENT TESTING LABORATORY — A laboratory that is licensed by the State Cannabis Control commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with regulations promulgated by the Cannabis Control Commission.

LICENSEE — A person or entity licensed by the State Cannabis Control commission to operate a marijuana establishment.

MARIJUANA CULTIVATOR — An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator.

MARIJUANA DELIVERY-ONLY RETAILER — An entity that is authorized to deliver directly to Consumers, Registered Qualifying Patients or Caregivers from a licensed Marijuana Retailer and does not provide a retail location accessible to the public.

MARIJUANA ESTABLISHMENT — A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.

MARIJUANA MICROBUSINESS — A co-located Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.000 et seq., in compliance with the operating procedures for each license. A Microbusiness that is a Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Marijuana Establishments.

MARIJUANA PRODUCT MANUFACTURER — An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

MARIJUANA PRODUCTS — Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

MARIJUANA RETAILER — An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

MARIJUANA SOCIAL CONSUMPTION ESTABLISHMENT — An entity licensed to purchase Marijuana or Marijuana Products from a cultivator, manufacturer or Microbusiness, sell Marijuana or Marijuana Products to Consumers at an approved premise, and allow Consumers to consume Marijuana or Marijuana Products at this premise.

MEDICAL MARIJUANA TREATMENT CENTER — Also known as a Registered Marijuana Dispensary (RMD) - An entity registered and approved by the Cannabis Control Commission in accordance with M.G.L. c. 94I and 935 CMR 501.000 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana or marijuana products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use. The cultivation and processing of medical marijuana is considered to be a manufacturing use and is not agriculturally exempt from zoning.

ASSISTED LIVING FACILITY — A residential development subject to certification by the Executive Office of Elder Affairs under M.G.L. c. 19D and 651 CMR 12.00.

CONTINUING CARE FACILITY — A facility regulated by M.G.L. c. 93, s. 76.

INDEPENDENT LIVING FACILITY — A facility providing apartments for rent, with optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the facility.

LONG TERM CARE FACILITY — A facility, including a convalescent or Senior Housing Facility, rest home, infirmary maintained in towns, and charitable homes for the aged, as defined and regulated in 105 CMR 150.001.

SENIOR HOUSING — Housing for persons over the age of 55 subject to the Senior Housing Laws, as defined herein.

SENIOR HOUSING FACILITY — An Assisted Living Facility, Continuing Care Facility, Independent Living Facility, or Long Term Care Facility, whether operated as a free-standing facility or in combination with another type of facility on the same lot or adjacent lot in common control.

SENIOR HOUSING LAWS — Collectively and separately, the Fair Housing Act, 42 U.S.C. Section 3607(b), 24 CFR Subtitle B, Ch. I, Section 100.300 et seq. and M.G.L. c. 151B, s. 4.

AS-OF-RIGHT SITING — As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by the inspector of buildings, building commissioner, local inspector, or if there is none in a town, the Select Board, or person or board designated by local ordinance or bylaw.

BUILDING INSPECTOR — The inspector of buildings, building commissioner, or local inspector, or person or board designated by local ordinance or bylaw charged with the enforcement of this Bylaw.

BUILDING PERMIT — A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250kWDC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).

WIRELESS COMMUNICATION FACILITY — Fixtures and/or equipment used by a public utility or a Federal Communication Commission licensed commercial entity for the transmission and reception of radio signals including: (1) reception and transmission equipment and fixtures such as antennas, communication dishes, and similar devices; and (2) buildings, towers, and monopoles that are erected and used primarily to support such equipment. A Wireless Communication Facility may also include accessory mechanical, electronic, or teletronic equipment necessary to operate such a facility, provided however that the facility shall be for transmission and reception, and not a principal facility for conducting a communications business.

WIRELESS COMMUNICATION SERVICES — The provision of the following types of services: (1) cellular telephone service; (2) personal communications; and (3) enhanced specialized mobile radio service.

WIRELESS COMMUNICATION TOWERS — A structure (with antennas if any) designed to facilitate wireless communication services.