No accessory building or use shall have no more than 700 square feet of floor area;

No accessory building or use shall exceed 20 feet in height, or be higher than the principle building, whichever is lower;

No accessory building or use shall be allowed in a required front yard or in the area between two lines drawn from the principle structure at its widest point to the lot frontage, and perpendicular to the frontage line of the lot, except that permitted signs or roadside stands may be located within a required front yard area;

No accessory building or use shall lie closer than five feet to any lot line and shall not be built over an easement.

Accessory buildings shall be built in accordance with building codes;

These provisions regarding accessory buildings shall not apply to barns or other agricultural structures that are used for agricultural purposes exempt under MGL c. 40A § 3.

It shall be located only in a rear yard and shall be no closer to any boundary line constituting frontage than the most distant point of the principal building from that boundary line.

It shall be located no closer than five feet from any property line and 20 feet from any dwelling or occupied structure.

It shall be constructed only upon application for a permit showing receipt of any necessary permission for the keeping of such animals from all applicable regulatory agencies.

Swimming pools are a permitted accessory use. If having a depth of four feet or more and a capacity of 400 cubic feet or more, they are considered structures and must comply with regulations of the Board of Health regarding minimum standards for residential swimming pools.[1]

Every outdoor swimming pool considered to be a structure whether or not filled with water shall be completely surrounded at all times by a fence or wall not less than four feet in height above grade, which wall may be the pool wall itself.

Every such fence or wall shall be so constructed as to not have openings, holes or gaps larger than four inches in any diameter, except for doors, gates and picket fences; in the latter case, however, the gaps between pickets shall not exceed four inches. All primary enclosures shall be securely fastened to the ground. Such enclosures shall be constructed of either a four-inch chain link fence or a solid stockade fence.

All gates or doors opening through such enclosures shall be of not less than four feet in height and shall be equipped with a self-closing and self-latching device located at least four feet above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept latched at all times when the swimming pool is not in use and any ladders removed.

All swimming pools erected after adoption of these provisions must comply with them at the time of erection, and all existing swimming pools must comply not latter than July 1, 1972, § 198-21 notwithstanding.

The home occupation shall be accommodated within an existing structure without extension thereof.

No more than 25% of the floor area of the residence shall be used for the purpose of the home occupation.

Not more than one person not a member of the household shall be employed on the premises in the home occupation.

There shall be no exterior display, no exterior storage of materials, no outside parking of commercial vehicles and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than an unlighted sign not to exceed one square foot in area.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. (See § 198-24.)

Traffic generated shall not exceed volumes normally expected in a residential neighborhood.

The parking generated shall be accommodated off street, but not more than two parking spaces shall be located within a required front yard.

Barbershop.

Beauty parlor.

Dancing instruction.

Building trades.

Appliance and electronic repairs.

Bed-and-breakfast home. An allowed use with a special permit, where required (see § 198-16) and shall be owner occupied. These types of establishments shall be limited to three guest rooms per dwelling and shall also be subject to § 198-27B in regard to parking.

Regulations. No sign permit or license shall be required for the signs listed in Subsection C(2) of this section, provided that:

Signs exempt from permit and license requirements.

Signs prohibited in all districts.

Freestanding signs, building identification signs, sign structures, poles and other related equipment that have been abandoned for more than two years shall be removed.

Illumination of signs.

Residential, Agricultural and Park Zoning Districts (RA, RB, RC, A, P).

Business and Industrial Zoning Districts.

On-site temporary signs.

Off-site temporary signs. Off-site temporary signs shall not be permitted.

Computation of sign surface area of individual cabinet or panel signs. To compute the area for a sign face: compute by means of the smallest, rectangle that will encompass the extreme limits of the copy, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, including supporting framework, but not including any poles, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

Computation of sign surface area of individual signs of individually mounted letters or symbols. When a sign is composed of individually mounted letters or symbols, the sign surface area shall be determined by means of the total of the smallest rectangle that will encompass all letters, representation, emblems or other display, including the wall area behind said letters, representations, emblems or other displays.

Computation of sign surface area of multifaceted signs. The sign surface area for a sign with more than one face shall be computed by adding together the sign surface area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, or at no greater than 15° from one another, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign surface area shall be computed by the measurement of one of the faces.

Clear view triangle area.

Orientation of signs on corner lots or through lots. When more than one sign is permitted due to multiple frontages, each permitted sign must be oriented toward its respective frontage and set at least 100 feet distant from signs located on additional frontages, unless specified otherwise. It is the intent to prohibit lots with multiple frontages from combining sign rights so as to erect larger signs or additional signs that are oriented to only one frontage.

Freestanding signs setbacks.

Wall sign; location on building.

Maintenance required. All signs and sign structures shall be kept in good repair and in a proper state of maintenance.

Activities considered to be maintenance. Maintenance shall include activities such as cleaning, replacing lamps, replacing ballast in freestanding signs, replacing transformers in building identification signs, painting the pole of freestanding signs and the cabinet of freestanding or building identification signs, replacing or repairing H-bars and retainers behind the face, replacing trim, and replacement of sign fasteners, anchor bolts and repairs to electric utilities. A maintained sign structure shall have a sign face.

Items not considered maintenance. The following items are not considered maintenance and shall require that the sign be brought into conformance with all requirements with this section.

Temporary removal for new face. Temporary removal of the sign cabinet for the installation of a new sign face is not permitted and will require that the sign be brought into conformance with all requirements of this section.

Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance and repair. However, if the sign suffers more than $3,000 of appraised damage or deterioration, it must be brought into compliance with this code or be removed. If a premises changes ownership, the nonconforming signs located on the premises must be brought into compliance with this chapter. The replacement of a nonconforming wall sign due to the change in tenancy shall require that the new tenant sign conform to the requirements of this chapter as they relate to the size of the facade leased. The in-kind replacement of panels in nonconforming directory signs due to changes in tenancy shall be allowed unless such change affects more than $3,000 of appraised value of the sign, at which point the sign must be brought into compliance with this code or be removed.

It shall be unlawful for any person to erect, install and/or replace any sign which requires a sign permit within the Town without first applying for and obtaining a sign permit from the issuing authority.

A sign permit does not include electrical work; however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of any other laws or ordinances.

A person is prohibited from obtaining a sign permit, except for a temporary sign, while a nonconforming sign remains on the property unless the permit also includes bringing the nonconforming sign into compliance, except as allowed for in § 198-26H(5).

A person may obtain a sign permit subject to the above if such person:

It is the intent of this section that adequate off street parking must be provided within reasonable distance to service all parking demand created by new construction, whether through new structures or through additions to existing ones or by change of use creating higher parking demand.

Building, structures and land use in existence on the effective date of these provisions are not subject to these off-street parking requirements and may be rebuilt, altered or repaired, but not enlarged or changed in use, without becoming subject to these requirements.

In applying for building or occupancy permits, the applicant(s) must demonstrate via a site plan drawn to scale that minimum parking requirements set forth in Subsection B will be met. In the Apartment/Multi-Family (RC), Park (P), Wetland Resource Protection District (WRP), Business (B), Mixed Use (MU), or Industrial (I) Districts, a special permit from the Planning Board pursuant to § 198-29 will be necessary for the following:

The minimums of Subsection B may be reduced on special permit for an exception from the Planning Board, upon its determination that special circumstances render a lesser provision adequate for all parking needs. Examples of special circumstances include:

Residential.

Nonresidential buildings.

(Reserved)

Other facilities. The parking requirements for uses not listed in this section shall be determined by the Planning Board upon review of each individual application. That determination shall take into account:

In the Mixed Use District a lot on which there was an existing building before January 1, 1998, shall be required to meet the minimum parking requirements of this section, or the parking available on that lot on January 1, 1998, whichever is less, regardless of use.

No off-street parking area for five or more cars shall be located within the required front, side or rear yard setback areas. If no side or rear yard setback is required the minimum parking setback shall be six feet from the property line, except in the case(s) where there is a joint access or a shared parking area.

All required parking areas, except those serving single-family residences, shall be paved, unless exempted by a special permit from the Special Permit Granting Authority (SPGA) having jurisdiction, for cases such as, but not limited to, seasonal or periodic use, where unpaved surfaces will not cause dust, erosion, or unsightly conditions.

Parking areas for five or more cars shall not require backing onto a public way.

Perimeter landscaping requirements. Parking lots for five or more cars shall include the following:

Parking lots for 20 or more cars shall be interrupted with landscaped islands such that no parking surface exceeds 100 feet in width, including the area(s) used for parking aisles/stalls. A protective landscaped island shall be provided per 10 parking spaces and shall contain one shade tree with the remaining area to be planted with shrubs or groundcover. The landscape island shall be the width and depth of a parking space. The SPGA having jurisdiction may grant a waiver to the landscape island size requirement if it is demonstrated that an alternate design will still accommodate a shade tree.

Exposed storage areas, machinery, service areas, truck-loading areas, utility buildings, trash enclosures, structures and other unsightly uses shall be screened from view from neighboring properties and streets using plantings, a wall or tight fence complemented with plantings or through some other means deemed acceptable to the permit granting authority.

All landscaped areas shall be maintained. Shrubs and trees which die shall be replaced within one growing season.

Old, well-established specimen trees shall, at the discretion of the Planning Board, be protected by siting buildings and parking around or within the existing landscape.

The use of bituminous paving shall be minimized.

No fill shall be placed around trees that are intolerant of fill (dogwoods, birches, conifers, oaks and sugar maples). Stockpiling of soil shall not occur within the setback areas. Soil should remain undisturbed in a ten-foot radius around any tree to be preserved.

Wherever possible, all utilities shall be provided through underground connections.

Parking spaces more than 300 feet from the building entrance they serve may not be counted toward fulfillment of parking requirements unless by a special permit from the SPGA having jurisdiction, determines that circumstances justify a greater separation of parking from the use(s).

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 to and cleanup of flooding conditions.

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

All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following:

Any variance from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

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 that 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 life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP): A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be 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.

Permits are required for all proposed development in the Floodplain Overlay District: The Town of Fairhaven 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.

Assure that all necessary permits are obtained: Fairhaven'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 overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

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

If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes 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 Street, 6th Floor, Boston, MA 02110. And copy of notification to: Massachusetts NFIP State Coordinator, MA Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

Structural requirements for construction in flood zones are as provided in the Massachusetts State Building Code, which code requirements are not waived nor superseded by the provisions of this Zoning Bylaw. In addition to those code requirements, the following requirements shall also apply within the designated flood zones for the Town of Fairhaven:

Individual sewage disposal systems shall not be subject to inundation in the event of coastal flooding to a six-foot elevation above mean sea level.

Water supplies shall not be subject to more than temporary interruption or contamination, in the opinion of the Board of Health or its agents, in the event of coastal flooding to a six-foot elevation above mean sea level.

Unless protected by sea walls, pilings or other foundations shall extend not less than six feet below grade in sand and not less than four feet below grade in other materials or to such greater depth as the Building Commissioner may require to prevent scouring beneath foundations.

Foundations shall be designed by a registered civil engineer or architect to withstand hydraulic pressure and shall be of reinforced concrete or, if of masonry units, shall have a poured concrete cap tied with reinforcing rods to the footings.

No vegetation on the ocean side of the crest of any primary dune (a hill or ridge of sand piled up by the wind with no other dune between it and the oceanfront) shall be destroyed nor the crest height of such dune lowered. All disturbed dune areas shall be stabilized with beach grasses or other means.

Man-made alteration of sand dunes within Zone VE which would increase potential flood damage are prohibited.

The placement of mobile homes for year-round or seasonal use is prohibited in the Floodplain Overlay District.

In Zones A 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 a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

All subdivision proposals must be designed to assure that:

Base flood elevation data for subdivision proposals: When proposing subdivisions or other developments greater than 50 lots or five 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, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

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.

The purpose of the Nasketucket River Basin District is to preserve, protect and maintain the quantity and especially the quality of the surface water and groundwater of this district, which waters comprise and/or contribute to the existing and potential sources of water supply of the Town of Fairhaven and also to protect the public health, safety and general welfare of the Town residents and to conserve the natural resources of the town. The interpretations, orders, decisions, permits, judgments and findings of all parties, Town boards and departments, agents and officials in respect to all matters pertaining to this district shall be consistent with and in accord with the spirit and intent of the above-stated purpose of this district. No facilities or activities hereafter listed in this section as restricted or prohibited shall be permitted within the Nasketucket River Basin District except by special permit from the Zoning Board of Appeals, upon demonstration by the applicant that the economic use of the property is infeasible under this rule and that water supply contamination will not result from the proposed facility or activity.

List of restricted facilities or activities:

The preceding enumerated items [Subsection D(2)(a), fuel storage, Subsection D(2)(d), commercial parking lots, Subsection D(2)(e), gasoline stations and commercial garages, Subsection D(2)(g), fertilizer applications, and Subsection D(2)(i), storage or stockpiling of manure] existing on the passage of this chapter may be continued, repaired or maintained but without enlargement nor addition to the existing facility, nor without changing the function of the existing structure to a function more hazardous or contaminating (in amount or type) to the basin aquifer or water supply.

National Flood Insurance Program (NFIP) definitions are found in 44 CFR 59.1. The definitions below refer to their source; if the definition is from the MA Building Code, it is from the 9th Edition, which meets the minimum standards of the NFIP.

In order for the bylaw or ordinance to be clearly understood, it is necessary to define technical terms or key words. An understanding of these terms is a prerequisite to effective administration of the floodplain management bylaw or ordinance.

Per FEMA Region 1, these additional definitions must be included in local bylaws or ordinances.

New construction that would require a total of five or more parking spaces counting existing and new demand;

Addition(s) or enlargement(s) that would require a total of five or more parking spaces counting existing and new demand;

A change of use(s) or renovation(s) that would require the addition of new parking space(s). If the existing parking spaces can meet the new demand based on the change of use(s) or renovation(s) then no special permit is required;

Re-striping of a parking lot of five or more spaces that changes the existing site circulation, and/or number of parking spaces.

Such plans shall contain the following.

Review by other departments. A copy of the above required plans shall also be transmitted by the Planning Board, to the following Town departments for review and comment: Department of Public Works, Fire Department and Board of Health. If no comment is made by such boards within 30 days of receipt, their approval shall be assumed. Comments by other departments is for the purpose of guidance to the Planning Board.

No building permit shall be issued under this Article except by a two-thirds vote of the Planning Board and only upon determination by the Board that the proposed use is in harmony with the general purpose and intent of the chapter and that the following standards are met by the use as designed:

Any special permit issued pursuant to this § 198-29 may also impose conditions and safeguards, including a requirement that the development of the site thereunder shall be in strict compliance with the plan submitted to the Planning Board pursuant to Subsection B and any amendments to that plan which may have been approved by the Board.

Site plan within an apartment/multifamily (RC) zoned area which require a special permit shall conform to the following:

Special permit to modify multifamily zoning standards. The Fairhaven Planning Board may modify, by special permit, only the zoning standards prescribed in Subsection F(1) when the proposed plans show that the requirements are impractical for an existing structure to be modified for multifamily housing under such standards.

The purpose of this section is to regulate wireless communications services so that these services may be provided with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services Zoning has been created to protect the general public from potential hazards associated with the structure of wireless communications facilities and minimize the visual impacts of wireless communications facilities on residential districts within Fairhaven. This section does not apply to satellite dishes and antennas for residential use.

Applicants for a special permit to construct wireless communications service facilities are encouraged to explore alternative types of systems other than systems on newly constructed towers. Wireless communications antennas (including panels) may be mounted on or attached to existing structures (including, without limitations, water towers and church steeples) by special permit, provided that they conform to applicable design requirements as set forth in § 198-29.1B.

Antennas may be located on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower, church steeple, clock tower or water tower, provided that the facility complies with the following:

The following information must be submitted for an application to be considered complete:

Accessory structures housing support equipment shall be screened from the view of persons not on the lot.

There shall be no signs, except for announcement signs, "no trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis.

Additional parking shall not be required for roof-mounted antennas, facade-mounted antennas or for the addition of antennas or panels to a tower.

All network connections from the communications site shall be via underground land lines except to the extent that underground land lines are not feasible in the reasonable determination of the Planning Board.

Clearing of natural vegetation should be limited to that which is necessary for the construction, operation and maintenance of the tower.

Night lighting shall be prohibited unless required by state or federal law and shall be the minimum necessary.

Towers shall be set back from the lot lines a distance equal to the height of the tower except that a tower shall be no closer to the nearest lot line of a residentially zoned lot or a lot in residential use (other than the lot on which the tower is proposed) than a distance determined by the following formula:

One tower shall be permitted per lot.

No tower shall be more than 150 feet above the natural grade.

There shall be a minimum of one parking space for each new facility, to be used in connection with the maintenance of the facility and the site and not to be used for the permanent storage of vehicles.

Towers and facilities shall be painted a neutral, nonreflective color designed to blend with the surrounding environment.

Allow towers nearer to the property line than the height of the tower, but no tower shall be nearer to a property line than a distance equal to 1/2 the height of the tower and no tower may be closer to the nearest lot line of a residentially zoned lot or a lot in residential use (other than the lot on which the tower is proposed than a distance determined by the following formula:

Determine that a location is favorable to the clustering of facilities and may allow more than one facility on a lot in that location.

Require the maintenance of all improvements to the site, including structures, fencing, plantings and required signs; plumb and tension tests shall be available on site to enforcement authorities; that a facility must be removed within 90 days following failure to obtain suitable test specifications, loss of FCC license or removal of communications devices coupled with disconnection of utilities and that the applicant shall be responsible for the costs to remove any tower.

Review of applications; approvals or denials.

The Board shall also impose, in addition to any applicable conditions specified in the chapter, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use, or other requirements. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other surety for compliance with said conditions in any amount satisfactory to the Board.

The special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such a date, except for good cause shown (including, but not limited to, appeals of the grant of the special permit or litigation enjoining the construction under the permit), and provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time.

The Board shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out.

The Board may require the proponent to provide or pay for engineering services to evaluate proposals submitted; determining flexibility of geographic location, loading capacities of structures and architectural review of camouflage techniques.

All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

The minimum size of the lot for such use in Residential Districts, the Business and Mixed Use Districts shall be five acres.

Each dwelling shall require 5,000 square feet of lot area in the RR, RA and RB Zones and 3,500 square feet of lot area in RC, B and MU Zones.

A maximum of 60 dwelling units in any one building will be allowed.

A maximum of three buildings will be allowed on any site.

Assisted living residences shall comply with the following dimensional requirements: front setback 50 feet; side setback 25 feet; rear setback 50 feet. Frontage, lot coverage and maximum building height shall conform to the requirements of the district where such use is located.

Assisted living residences shall be served by municipal water and sewer.

A properly screened area must be provided for storage of trash and recyclable materials. Outside storage areas or enclosures shall be kept clean and shall be large enough to accommodate the storage of all garbage and refuse containers. Garbage and refuse containers, dumpsters and compactor systems shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or asphalt. The property owner shall be financially and contractually responsible for waste and recyclable material removal.

Assisted living residences may have as accessory uses within the residential building such commercial sales and services enterprises as may be desirable for the convenience of the residents, including, without limitation, barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking and financial services, business and professional offices (the accessory uses) subject to the following conditions:

Parking requirements for assisted living residences shall include a minimum of one parking space for every two units.

Assisted living residences shall provide a passenger drop-off/pick-up area for every residential building.

Assisted living residences shall provide one off-street delivery space for every residential building. No portion of the off-street parking area shall be considered as an off-street delivery area.

All obscene entertainment, including bookstores and motion-picture theaters that make available obscene materials, are prohibited within the town.

Sexually oriented businesses, as defined above, shall be permitted only in the Industrial and Business Zones as provided for in § 198-16, provided that all other regulations, requirements and restrictions for the zone in which the sexually oriented business is to be located arc met; and, no sexually oriented business shall be permitted within:

Dimensional requirements. Any building or structure containing a sexually oriented business shall meet the setback requirements and other dimensional controls of the appropriate district as specified in this chapter. For any property proposed to contain a sexually oriented business, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.

Parking and loading requirements. On-site parking and loading shall be provided in accordance with the requirements of § 198-27 of this chapter. For any property proposed to contain a sexually oriented business, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.

Site screening. Rear and side property lines shall be screened from any neighboring uses or properties. Screening shall be by a solid stockade fence that is 3 1/2 feet tall within 20 feet of the street and six feet tall elsewhere on the property consistent with § 198-19 of the Fairhaven Zoning Bylaw, plus a densely vegetated planting to include evergreens as well as deciduous tree varieties.

Site lighting shall be maintained at a minimum lumen as determined by the Fairhaven Police Department to ensure adequate visibility on the property to ensure public safety. Light standards may not exceed 35 feet in height.

No portion of the front, rear or side lines of a sexually oriented business, appurtenances or accessory uses, shall hereafter be placed within 100 feet of any residential district. No driveway to such premises shall be in any part within 100 feet of any residential district. No such premises shall have any driveway entrance or exit for motor vehicles within 300 feet of the property used by any public library or church.

Signs. All signs for any sexually oriented business must meet the requirements of § 198-26 of this chapter except that no advertising signs shall be located within 20 feet of a public or private way and must be set back a minimum of 20 feet from all property lines. In addition, no advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text, as defined in MGL c. 272, § 31, shall be visible to the public from any public way, including but not limited to sidewalks, pedestrian walkways, highways or bicycle paths. Signage for sexually oriented businesses shall not contain any moving, flashing or animated lights or visible moving or movable parts. No sexually oriented business may display flashing lights visible from outside the establishment.

Appearance of buildings for sexually oriented businesses shall be consistent with the appearance of buildings in similar (but not specifically adult) use in Fairhaven, not employing unusual color or building design which would attract attention to the premises.

If the sexually oriented business allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All booths must be able to be clearly seen from the center of the establishment.

All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by minors.

No sexually oriented business shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.

The applicant for permission to operate any sexually oriented business must file his application on a form approved by the special permit granting authority with the special permit granting authority and the Town Clerk. Such form shall contain information as set forth in the rules and regulations established by the special permit granting authority, but shall include as a minimum:

No special permit for a sexually oriented business shall be issued to any person convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28, or is listed on the Sex Offender Registry.

Any sexually oriented business special permit issued under this chapter shall require that the owner of such business shall supply on a continuing basis to the Building Commissioner any change in the name of the record owner of address or any change in the name of the current manager; and that failure to comply with this provision shall result in the immediate revocation of such special permit. If anyone so identified is or has been convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28, or is listed on the Sex Offender Registry, such special permit shall be immediately null and void.

No sexually oriented business special permit shall be issued under this chapter, become valid or in full force and effect until and unless the owner of the property containing such sexually oriented business shall supply to the Planning Board a notarized statement agreeing to all terms and conditions of said sexually oriented business special permit.

Procedural requirements for special permits. Special permits shall only be issued following public hearings held within 65 days after filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the City or Town Clerk by the applicant.

Action within 90 days after hearing or special permit deemed granted. Special permit granting authorities shall act within 90 days following a public hearing for which notice has been given by publication or posting and by mailing to all parties in interest. Failure by a special permit granting authority to take final action upon an application for a special permit within said 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for.

Lapse of special permit as permitted in MGL c. 40A, § 9A, special permit granted under this section shall lapse within two years, including such time required to pursue or await the determination of an appeal as referred to in MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.

The Fairhaven Planning Board may issue a special permit allowing a lot in the Wetland Resource Protection District to be used in conformance with the provisions of the Zoning Bylaw as they relate to the Mixed Use District, if the Board determines that the limitations upon use imposed by the Wetland Resource Protection District would cause a hardship or potential for hardship because of the nature of the lot, which may include the existence of a structure or structures on the lot.

The condition to which the hardship or potential hardship relates must be a structure in existence on January 1, 1999, or a condition on the land which was in existence on January 1, 1999, and in either event the structure or condition must not have been substantially changed since January 1, 1999, unless the change was beyond the control of the property owner, or if within the owner's control, did not substantially add to the hardship or potential hardship. The property owner must document the hardship or potential hardship for the Planning Board; said documentation shall include a review of the allowed and permitted uses within the Wetland Resource Protection District and the nature of the conditions which were in existence on January 1, 1999, that preclude the use of the property for the allowed and permitted uses in the district. The presence of wetland resource areas shall not be considered grounds for a hardship related to the condition of the land under this section.

A special permit under this section may be allowed only when all procedural and substantive requirements for the proposed use under the provisions of the Mixed Use District and the requirements of § 198-8 have been met.

Where the use proposed under this section is a use authorized by special permit in the Mixed Use District, the application for special permits shall be merged under this section, and the Planning Board shall be the special permit granting authority for those permits.

A special permit under this section shall not be barred by the discontinuance or abandonment of a prior use on the lot.

The presence of the hardship or potential for hardship shall allow for the application of the uses in the Mixed Use District as found in § 198-16, Use Regulation Schedule. The intensity of use requirements for the Wetland Resource Protection District, as found in § 193-18, Intensity Of Use Schedule, shall apply to all development in the district regardless of the presence of or potential for hardship.

A locus plan at a scale of one inch equals 200 feet which shall show all property lines, the exact location of the proposed structure(s), street landscape features, dwellings and other structures within 500 feet of the wind turbine from the proposed tower location.

A color photograph or rendition of the WEF. A rendition shall also be prepared illustrating a view of the WEF from the nearest street or streets in all directions.

The following information must be prepared and signed by a registered professional engineer licensed to practice in the Commonwealth of Massachusetts:

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount, and for the duration, sufficient to cover loss or damage to persons and property occasioned by the failure of the facility.

Utility notification. No special permit and/or site plan for the installation of a WEF shall be approved until evidence has been given that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator, and copies of site plans showing the proposed location have been submitted to the utility for review. An interconnection agreement pursuant to applicable tariff and consistent with the requirements for other generation must be executed with the utility prior to any construction. Off-grid systems shall be exempt from this requirement, unless they are proposed to be located within setback distance from the sideline of an existing utility right-of-way (ROW).

Meteorological towers (METs) shall be permitted under the same standards as a small wind system, except that the requirements apply to a temporary structure. A permit for a temporary met tower shall be valid for a maximum of three years, after which an extension may be granted. Small anemometers installed directly on buildings shall not require a building or special permit. No site plan review shall be required for met towers. METs shall not be located within setback distance from the sideline of any utility ROW.

Site control. At the time of its application for a special or building permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation, or inconsistent or interfering use, within the setback areas.

Accessory structures housing support equipment shall be screened from the view of persons not on the parcel.

Fencing shall be provided to control access to the site of the WEF and accessory structures.

Signs. There shall be no signs, except announcement signs, no-trespassing signs or any signs required to warn of danger. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis.

All utility connections from the WEF site shall be underground except to the extent that underground utilities are not feasible in the reasonable determination of the SPGA.

Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the WEF.

Night lighting shall be prohibited unless required by state or federal law and shall be the minimum necessary.

There shall be a minimum of one parking space to be used in connection with the maintenance of the WEF and the site; however, it shall not to be used for the permanent storage of vehicles.

Wind facilities shall be painted a neutral, non-reflective color designed to blend with the surrounding environment.

Removal. The owner, his successors in interest shall remove any WEF, the use of which has been discontinued. At the time of removal, the WEF site shall be restored to its natural state or to any other legally authorized use. All wind turbines and appurtenant structures shall also be removed. The SPGA shall require that a bond, escrow account or other suitable surety be established to ensure adequate funds are available for removal. Municipal wind facilities shall be exempt from the surety requirement.

A special permit shall be granted under this section if the SPGA finds in writing that each of the design standards set forth above have been met and that the location of the WEF is suitable and that the size, height and design are the minimum necessary for that purpose.

The SPGA shall also impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

The special permit shall lapse if substantial use or construction has not commenced within two years of the date of issuance, except for good cause shown (including but not limited to appeals of the grant of the special permit or litigation enjoining the construction under the permit), and provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time.

Financial surety. The SPGA may require the applicant for utility scale wind facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the Town must remove or maintain the facility, of an amount and form determined to be reasonable by the special permit granting authority, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost of living adjustment.

Size. The maximum nameplate rating shall not exceed 660kW.

The WEF shall be located on a parcel of land that contains a minimum of 10 acres. The SPGA may allow more than one wind turbine if a determination is made that the location is favorable to the clustering of wind turbines.

Height. The WEF shall have a maximum tip height (MTH) no greater than 265 feet above the current grade of the land.

Setbacks. The WEF shall, at all times while in operation, meet the three required setbacks as follows:

Setback waiver. The SPGA may allow non-participating property within the minimum required setbacks, only if the SPGA agrees to the condition based on site-specific considerations and is provided evidence of written consent of the all the affected abutting property owner(s) who are in agreement.

Visualizations. The SPGA may select up to four sight lines, including from the nearest building with a view of the WEF, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed WEF. View representations shall have the following characteristics:

Location map. The applicant shall submit, to the SPGA, a copy of a portion of the most recent USGS quadrangle map, at a scale of 1:25,000, showing the proposed facility site and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however, a copy of a Zoning Map with the parcel identified is suitable.

Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as detailed procedures for operational maintenance of the WEF that are in accordance with manufacturer's recommendations for the period of expected operation of such facility.

Annual operations and maintenance (O&M) report. A report shall be filed annually with the Planning Board for the facilities permitted under this section. Required report to be delivered beginning at the end of the first 12 months facilities are placed into operation and thereafter every year on anniversary date that the facilities are in operation. Copies of the annual O&M report form are available at the Planning Board's office.

Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.

Independent consultants. Upon submission of an application for a special permit, the SPGA shall be authorized to hire outside consultants, paid for by the applicant.

A WEF requiring guy wires for support shall not be permitted.

Size. The maximum nameplate rating shall not exceed 200kW.

Height. The WEF shall have a MTH no greater than 165 feet above the current grade of the land.

Setbacks. The WEF shall, at all times while in operation, meet the three required setbacks as follows:

Setback waiver. The SPGA may allow non-participating property within the minimum required setbacks, only if the SPGA agrees to the condition based on site-specific considerations and is provided evidence of written consent of the all the affected abutting property owner(s) who are in agreement.

Site plan: shall be a plan of the proposed WEF site, with existing and proposed topography at two-foot minimum contours, at an appropriate scale showing the following:

Visualizations. The SPGA may select up to three sight lines, including from the nearest building with a view of the WEF, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed WEF. View representations shall have the following characteristics:

Compliance documents. The applicant shall provide the following:

Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.

Independent consultants. Upon submission of an application for a special permit, the SPGA shall be authorized to hire outside consultants, paid for by the applicant.

A WEF requiring guy wires for support shall not be permitted.

Annual operations and maintenance report. A report shall be filed annually with the Planning Board for the facilities permitted under this section. Required report to be delivered beginning at the end of the first 12 months facilities are placed into operation and thereafter every year on anniversary date that the facilities are in operation. Copies of the annual O&M report form are available at the Planning Board's office.

WEF shall have a MTH no greater than 75 feet and may exceed the MTH by special permit issued by the Zoning Board of Appeals upon a finding that the height of the proposed structure does not derogate from the purpose of this section as set forth in Subsection A, Purpose, above.

WEF shall be located no closer than the MTH, from the nearest non-accessory structure; provided that no setback shall be required from building or buildings which are on the same parcel and which are served by the WEF.

One or more wind facilities, which shall have a total rated nameplate capacity not to exceed 10kW.

No BIWF shall be erected, constructed, installed or modified without first obtaining a special permit from the SPGA. The construction of a BIWF shall be allowed subject to the issuance of a special permit and provided that the use complies with all requirements of this subsection and Subsection E above. All such wind facilities shall, where economically feasible, be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

Required supporting documentation for BIWF. The special permit application must, at a minimum, include:

Emergency services. The applicant shall provide a copy of the project summary, electrical schematic, and site plan to the local Town emergency services, as designated by the permit granting authority, as well as the local electrical utility company. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the WEF shall be clearly marked and accessible.

Fire protection system. The nacelle of a utility-scale WEF shall be protected by an automatic fire suppression system. Fairhaven fire officials will observe the system in place immediately prior to the erection of the nacelle to the tower.

Unauthorized access. Wind turbines or other structures part of a WEF shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as to not provide step bolts or other climbing means readily accessible to the public for a minimum height of eight feet above the ground. Electrical equipment shall be locked where possible.

Shadow/flicker. Wind facilities shall be sited in a manner that minimizes 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.

Noise. The WEF and associated equipment shall conform with the provisions of the Department of Environmental Protection's (DEP) Division of Air Quality Noise Regulations (currently 310 CMR 7.10), unless the DEP and the SPGA agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source:

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the WEF and is otherwise prescribed by applicable laws, regulations, and ordinances, and subject to existing easements, restrictions and conditions of record.

Avian study and bat studies. The applicant shall submit the results of an avian and bat species analysis to the SPGA. The applicant shall continually monitor the injuries and fatalities to assess compliance of the site with the recommendations as proposed in the studies, if any.

Facility conditions. The applicant shall maintain the WEF in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief. The project owner shall be responsible for the cost of maintaining the WEF and any access road(s), unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

Modifications. All material modifications to a WEF made after issuance of the special permit shall require approval by the SPGA as provided in this section.

The WEF shall be equipped with controls to detect imbalance that could occur for any reason, including ice and snow build-up. These sensors shall shut down the turbine automatically in the event of snow and ice build-up and shall not allow the equipment to restart until a safe operating condition has been restored. The Town public safety officials shall have access to records showing date and time of imbalance shutdown. Calibration of the sensors shall be certified every year, on or before October 1.

A special permit shall be granted under this section if the SPGA finds in writing that each WEF meets its designated tower requirements listed above, and that the design, safety and environmental standards, set forth above, have been met.

The SPGA shall also impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, hours of operation, method of access or traffic features, parking, removal upon cessation of use or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

The special permit shall lapse if substantial use or construction has not commenced within two years of the date of issuance, except for good cause shown (including but not limited to appeals of the grant of the special permit or litigation enjoining the construction under the permit), and provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time.

The SPGA will require the applicant to pay for outside, independent professional services to evaluate the proposal's compliance with this section and to determine the flexibility of geographic location, to analyze the loading capacities of the proposed structures, and to review camouflage and screening techniques.

The final decision of the SPGA shall contain a condition when mitigation, turbine shutdown or removal would be imposed if a WEF is found to become non-compliant with this section.

Actual dimensions of the lot.

All easements existing or proposed.

Location and size of existing and proposed structures including any existing structures within 100 feet of the site.

Name, width and condition of all abutting streets.

Existing and proposed topography at two-foot minimum contours.

Existing and proposed water, sanitary and storm drainage facilities.

Landscape plan. Landscaping including sizes, types and numbers of plantings and details. Existing vegetation and other unique land features shall be preserved where feasible.

Blueprints or drawings of the SPEF signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures.

The stamps and seal of the professional land surveyor responsible for surveying the property.

The stamp and signature of the professional engineer responsible for drawing the plan.

The location of all wetlands on the site and within 100 feet of the site.

The location of the Rivers Protection Act[1] riverfront resource protection area.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.

A stormwater management plan (SMP) detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site and all proposed components of the drainage system and any measures for the detention, retention, or infiltration of water, for the protection of water quality and protection from flooding. As described in § 198-31.1, Stormwater management.

A description of the solar photovoltaic facility and the technical, economic and other reasons for the proposed location and design shall be prepared and signed by a registered professional engineer.

Confirmation prepared and signed by a registered professional engineer that the SPEF complies with all applicable federal and state standards.

One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

Documentation of the major system components to be used, including the PV panels, mounting system, inverters.

Documentation of the sound generated by equipment used in the production of electrical energy, including any proprietary documentation. A sound study will be required by the SPGA to determine the impact of noise on abutting residences.

Documentation of actual or prospective access and control of the project.

An operation and maintenance plan. (See also § 198.29.6G(13) below.)

Large-scale, ground-mounted SPEF shall:

On-site SPEF shall:

All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel, public rights-of-ways and all residential districts.

Lighting of SPEF shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signs. There shall be no signs, except announcement signs, no trespassing signs or any signs required to warn of danger. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis.

All utility connections from the SPEF site shall be underground except to the extent that underground utilities are not feasible in the reasonable determination of the SPGA.

Inverters shall be sited so as to minimize sound impact to abutting residences.

Clear cutting of trees and natural vegetation, within five years, shall be prohibited for the construction, operation and maintenance of the solar photovoltaic facility.

There shall be a minimum of one parking space to be used in connection with the maintenance of the SPEF and the site; however, it shall not to be used for the permanent storage of vehicles.

Setbacks shall provide for adequate screening of noise and glare from abutting uses and structures. Techniques such as dense natural vegetated plantings, earthen berms or increased setbacks will be required, depending upon site-specific conditions. Setbacks shall not be disturbed by access roads, except where allowed by the SPGA for access to the site. Setbacks shall not be used for any purpose other than natural vegetation or other screening required by the SPGA. Setbacks from property lines shall be as provided above for type of SPEF.

All ground-mounted SPEF shall be fenced for security. Fencing that is visible from right-of-way or residence shall be vinyl coated or another decorative type of fence acceptable to the SPGA. All fencing shall be designed to blend into the landscape.

The project proponent shall submit a plan for the operation and maintenance of the ground-mounted SPEF, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

The SPEF owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the SPEF shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

No ground—mounted SPEF shall be approved or constructed until evidence has been given to the SPGA that the utility company that operates the electrical grid where the installation is to be located has been informed of the SPEF owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

No ground-mounted SPEF shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

The ground-mounted SPEF owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, 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 the cost of maintaining the SPEF and any access road(s), unless accepted as a public way.

Decommissioning shall consist of:

Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPEF shall be considered abandoned when it fails to operate for more than one year without the written consent of the site plan review authority. If the owner or operator of the ground-mounted SPEF fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

Financial surety: Proponents of ground-mounted SPEF shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the SPGA, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. 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 engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

A special permit may be granted under this section if the SPGA finds in writing that each of the design review standards set forth above have been met and that the location of the ground-mounted SPEF is suitable and that the size and design are the minimum necessary for that purpose.

The SPGA shall also impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood, public or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, noise, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

The special permit shall lapse if substantial use or construction has not commenced within two years of the date of issuance, except for good cause shown (including but not limited to appeals of the grant of the site plan or litigation enjoining the construction under the permit), and provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time.

The SPGA may require the proponent to provide or pay for professional services to evaluate the proposal.

Fairhaven Conservation Commission. The applicant must file a notice of intent if within the wetland resource areas or if within 100 feet buffer zone.

Definitions. See MGL c. 94G, § 1, MGL c. 94I, § 1, and the 18 regulations promulgated thereunder, as they may be amended, as well as § 198-33, Definitions and word use, of the Fairhaven Zoning Bylaws for further definitions of applicable terms.

Severability. If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

Special permit.

A special permit issued prior to November 13, 2018, allowing the use of premises for a medical marijuana treatment center shall remain in effect subject to its own terms and conditions; provided that any subsequent change in use, including the use of the premises for an additional or different form of marijuana establishment, or for the expansion or alteration of the existing medical marijuana treatment center, or a change in ownership of the licensed establishment, shall be subject to the terms of this section.

Marijuana establishments may be allowed by special permit from the Planning Board only in the Medical Marijuana Overlay District, provided the facility meets the requirements of this chapter.

The Medical Marijuana Overlay District shall be comprised of the following map and lot numbers: Map 24: Lots 16, 16A, 18; Map 26: Lots 62, 62A, 63, 71, 71A, 72; Map 30A: Lots 86A, 86C, 86D, 86H; Map 36: Lots 13, 14, 14A, 14B, 14C, 14D, 14E, 14F, 14K, 14N, 15, 15A, 15B, 15C, 15D, 15F, 15G, 15J. A map of the overlay district is also on file at the Town Clerk's office and the Planning Board's office.

No new special permit shall be issued if the resulting number of special permits for marijuana retailers within the Town exceeds the smallest whole number which is not less than 20% of the number of liquor licenses for off-premises alcohol consumption issued within the Town pursuant to MGL c. 138, § 15. Special permits previously granted for marijuana retailers shall not be affected by a change in the number of liquor licenses for off-premises alcohol consumption.

All marijuana establishments are prohibited from offering marijuana or marijuana products for consumption on the premises of a marijuana establishment.

The name and address of each owner of the facility/operation;

Copies of all documentation demonstrating appropriate application status under state law, or registration or license, issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A notarized statement signed by the organization's Chief Executive Officer and corporate attorney, if any, disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entitles and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons;

A security plan, approved by the Cannabis Control Commission as part of the issuance of a provisional license, to be approved by the Police and Fire Departments prior to the issuance of a special permit, with details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., ensuring the safety of employees and patrons and protecting the premises from theft or other criminal activity;

A management plan, including a description of all activities to occur on site, including all provisions for the delivery of marijuana and related products to marijuana establishments or off-site direct delivery consistent with state law and regulations;

A resource plan, for all marijuana cultivators, shall be submitted to the Planning Board and the Board of Health to demonstrate best practices for waste disposal, use of energy, water, and other common resources, and to ensure that there will be no undue damage to the natural environment. The resources plan shall include an electrical system overview, proposed energy demand and proposed electrical demand offsets, ventilation system and air quality, proposed water system and utility demand;

A traffic impact report shall be required for all marijuana establishments. The Planning Board may require a traffic study if in their determination one is warranted because of public safety concerns.

General requirements.

Use regulations.

Locational and physical requirements.

Reporting requirements.

Discontinuance of use. Any marijuana establishment permitted under this section shall be required to remove all marijuana and marijuana products, equipment and other paraphernalia by the earlier of:

Does not contravene the limit on the number of special permits that may be granted.

Meets all of the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will as proposed be in compliance with all applicable state laws and regulations.

Meets all the applicable conditions and requirements as set forth in this chapter.

Will provide copies of registrations and licenses and a copy of a signed host community agreement with the Town of Fairhaven, in accordance with MGL c. 94G and subsequent regulations, including 935 CMR 500.000, to the Building Commissioner prior to the issuance of a certificate of occupancy.

Is designed to minimize adverse visual impacts on abutters and other parties in interest.

Provides a secure waiting area, as required by state law or regulations.

Provides adequate security measures to ensure that no individual or group participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities.

Adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.

Adequately demonstrates best practices with regard to the use of energy, water, waste disposal and other common resources, with no undue damage to the natural environment.

Any municipally owned building constructed before 1920 and no longer used by the Town for municipal purposes will be eligible for consideration for a special permit under this section.

The lot on which an eligible building is situated, and any adjoining lots which were used in common with the eligible building for its principal municipal use shall be eligible for a historic site reuse special permit.

The applicant shall submit to the Planning Board a hardcopy original and a digital copy of the special permit application along with 10 hardcopy prints and a digital copy of the proposed project plans, including the site plan for the property subject to the special permit, and construction plans sufficient in detail to show all proposed modifications to existing zoning requirements.

The application and plans shall provide:

The plans shall provide:

The applicant shall pay a fee, in an amount determined by the Planning Board, sufficient to pay the cost to the Planning Board of professional services for review and advice concerning the proposal.

The eligible building may be used for multifamily residential use.

The frontage and side setback for the eligible building will be those in existence prior to any alteration which may be allowed by the special permit.

Any addition to the historic building shall be at the rear of the building opposite the primary fronting street line, and facing the primary rear lot line. (For purposes of this provision, the side lines of corner lots shall not be considered front or rear lot lines.) The lot size, building lot coverage and yard dimension requirements may be decreased by up to 20% on the primary lot with the historic building on it in order to make any such addition to the historic building feasible.

Any new lots and their development areas which may be created and allowed by the special permit shall be similar to the existing average size of lots of the surrounding neighborhood, which shall include abutting lots, and opposing lots on fronting street lines (even if the average lot size does not conform to existing zoning).

Any new residential structures shall not be larger than the average size of the existing houses in the surrounding neighborhood, which shall include abutting lots, and opposing lots on fronting street lines.

Unless expressly waived by the Planning Board, the off-street parking requirements to service the eligible historic building will be the existing parking prior to any alteration, or the requirements found in Fairhaven Zoning Chapter 198, § 198-27B(1)(a) and (b) (two bedrooms or more: two parking spaces; less than two bedrooms: one parking space).

Unless expressly waived by the Planning Board, the off-street parking requirements to service any new residential structures which may be allowed by special permit will be the requirements set forth in this bylaw, or the average off-street parking on those developed properties abutting the eligible lot, whichever is less.

The property for which a special permit is granted pursuant to this section shall not be subject to the requirements of §§ 198-27 (Parking; loading and landscaping requirements) and 198-29 (Special permits for certain intensive nonresidential and multifamily site developments) of this zoning bylaw.

The applicant shall enter into protective covenants or other legal devices to preserve and maintain the exterior, and to the extent the Planning Board deems appropriate, the interior historic integrity and character of the eligible building.

The applicant shall enter into appropriate covenants or otherwise guarantee timely completion of the proposed work that preserves and maintains the historic character of the eligible building.

The Board may impose such other conditions as it deems proper to ensure compliance with the purpose of this article.

Promote the public health, safety and welfare by encouraging diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages and sizes in order to meet the goal of preserving municipal character and diversity;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Increase capacity for new commercial, residential and mixed-use development in certain developed but inefficient and unattractive non-residential areas (e.g., shopping plazas) near Route 6, Route 240 and Alden Road, while preserving the historic and rural character of the remainder of the Town;

Provide new development and redevelopment opportunities for commercial, residential and mixed-use development along portion(s) of the waterfront, while incentivizing development that prepares for future flooding and sea level rise, increases access to the water's edge, and complements the historic mixed-use character of the area;

Establish requirements, standards and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning;

Guide sustainable and desirable economic development and build new capacity for growth in appropriate areas;

Advance the goals of the Fairhaven 2040 Master Plan and of the Fairhaven Economic Development Plan, such as increasing commercial occupancy on Route 6, encouraging mixed-use development and supporting the growth of small businesses in the community, provided the respective objective or goal of such plan is consistent with the governing laws; and

Enable the Town to receive Zoning Incentive Payments and Density Bonus Payments in accordance with MGL Chapter 40R, 760 CMR 59.06 and additional Chapter 70 aid in accordance with MGL Chapter 40S arising from the development of housing in the FSGOD.

Establishment. The Fairhaven Smart Growth Overlay District, hereinafter referred to as the "FSGOD," is an overlay district having a land area of approximately 88.35 acres in size that is superimposed over the underlying zoning districts and on the Zoning Map as set forth on maps entitled "Fairhaven 40R Smart Growth Overlay 4-2 Smart Growth Zoning Map (Plaza Area SGOD)," dated 6/19/24, and "Fairhaven 40R Smart Growth Overlay 4-2 Smart Growth Zoning Map (Waterfront Area SGOD)," dated 6/19/24, both prepared by Dodson & Flinker. These maps are hereby made a part of the Zoning Bylaw and are on file in the Office of the Town Clerk.

Subdistricts. The FSGOD contains the following subdistricts: Plaza Area; and Waterfront Area.

Applicability of FSGOD. An applicant may seek development of a project located within the FSGOD in accordance with the provisions of the governing laws and this § 198-29.9, including a request for plan approval by the PAA. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall be subject to this § 198-29.9 but shall not be subject to any other provisions of the Zoning Bylaw, including but not limited to limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations. When a building permit is issued for any project approved in accordance with this § 198-29.9, the provisions of the underlying zoning district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to this § 198-29.9 for such project. To the extent that there is any conflict between the governing laws and this § 198-29.9, inclusive of the Design Standards, the PAA Regulations, and any applicable associated local zoning requirement (e.g., zoning requirement contained in another section of the Zoning Bylaw that is nonetheless incorporated by reference), the governing laws shall govern.

Underlying zoning. The FSGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this § 198-29.9. Within the boundaries of the FSGOD, a developer may elect either to develop a project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with the requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).

Administration, enforcement, and appeals. The provisions of this § 198-29.9 shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA, or any changes thereto, under Subsections I through L of this section shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this § 198-29.9 shall be governed by the applicable provisions of MGL Chapter 40A.

Residential projects. A residential project within the FSGOD may include:

Mixed-use development projects.

Other uses. Any non-residential use allowed as-of-right in the Town's Mixed-Use District (MU), per § 198-16 of the Zoning Bylaw (i.e., the Use Regulation Schedule), is permitted as-of-right in the FSGOD, subject to plan approval. Any non-residential use allowed by special permit in the Town's Mixed Use District (MU), per § 198-16 of the Zoning Bylaw (i.e., the Use Regulation Schedule), is allowed by special permit in the FSGOD.

Number of affordable housing units. For all projects, not less than 20% of housing units constructed shall be affordable housing. Unless the PAA provides a waiver on the basis that the project is not otherwise financially feasible, not less than 25% of rental dwelling units constructed in a project containing rental units must be affordable rental units. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit shall be deemed to constitute a whole unit.

Monitoring Agent. A Monitoring Agent, which may be the local housing authority or other qualified housing entity, shall be designated by the PAA (the "designating official"). In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by EOHLC, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a building permit for a project within the FSGOD, and on a continuing basis thereafter, as the case may be:

Submission requirements.

Cost and eligibility requirements.

Design and construction. Units of affordable housing shall be finished housing units. With respect to the minimum required number for a given project, units of affordable housing shall be equitably integrated and proportionately dispersed throughout the residential portion of the project of which they are part, across all residential buildings, floors and distinct unit types in accordance with the affordable housing restriction and marketing and tenant selection plan approved by EOHLC and be comparable in initial construction quality, size and exterior design to the other housing units in the project. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, the bedroom-per-unit average for the affordable housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.

Affordable housing restriction. Each project shall be subject to an affordable housing restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:

Costs of housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.

Age restrictions. Nothing in this § 198-29.9 shall permit the imposition of restrictions on age upon projects unless proposed or agreed to voluntarily by the applicant. However, the PAA may, in its review of a submission under Subsection F(3), allow a specific project within the FSGOD designated exclusively for the elderly, for persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted project shall be restricted as Affordable units.

Phasing. For any project that is approved and developed in phases in accordance with Subsection I(4), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under Subsection I(1). Where the percentage of affordable housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionately to the affordable housing provided for in each phase.

No waiver. Notwithstanding anything to the contrary herein, the provisions in this Subsection F shall not be waived unless expressly approved in writing by EOHLC.

Table of requirements. Notwithstanding anything to the contrary in this Zoning Bylaw, the density standards and dimensional requirements applicable in the FSGOD are as follows:

Certain terms used in the Table of Requirements, above, are defined and shall have the meanings given them in the Design Standards.

The express allowance of a waiver in the above Table of Requirements shall not be deemed to prohibit other waiver(s) if issued in accordance with Subsection K(3).

Minimum and maximum number of parking spaces.

Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the plan approval process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute's Shared Parking Report, the ITE Shared Parking Guidelines, or other approved studies).

Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the plan approval process, if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, or endanger public safety, or that such lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

Location of parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way.

Plan approval. An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of Subsections I through K. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the governing laws. All projects advanced under this § 198-29.9 shall be subject to the plan approval process.

Plan Approval Authority (PAA). The Planning Board, consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the FSGOD.

PAA regulations. The Plan Approval Authority may adopt administrative rules and regulations relative to plan approval. Such rules and regulations and any amendments thereof must be approved by EOHLC.

Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Subsection F(9).

Preapplication.

Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and approved by EOHLC, along with an application fee as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any project that is subject to the affordability requirements of Subsection F, the application shall be accompanied by all materials required under Subsection F(3), All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet (1"=40') or larger, or at a scale as approved in advance by the PAA.

Filing. An applicant for plan approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA regulations with the Town Clerk and a copy of the application including the date of filing certified by the Town Clerk shall be filed forthwith with the PAA.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Select Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Public Works Department, the Monitoring Agent (if already identified, for any project subject to the Affordability requirements of Subsection F), and other municipal officers, agencies or boards as may be designated in the PAA Regulations, for comment; and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of MGL Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limit for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan approval application.

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

Plan approval.

Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:

Waivers. Upon the request of the applicant and subject to compliance with MGL Chapter 40R, 760 CMR 59.00 and Subsection F(10), the Plan Approval Authority may waive dimensional and other requirements of § 198-29.9, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the FSGOD and the guiding principles of the Design Standards, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this § 198-29.9.

Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements, or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise explicitly approved in writing by EOHLC in relation to the specific project, the proportion of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under Subsection F(1).

Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title with the district registry of the Land Court. The fee for recording or registering shall be paid by the applicant.

Validity of decision. A plan approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in a plan approval for a multi-phase project.

Minor change. After plan approval, an applicant may apply to make minor change(s) in a project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor change(s) must be submitted to the PAA on redlined print(s) of the approved plan, reflecting the proposed change(s), and on application form(s) provided by the PAA. The PAA may authorize such change(s) at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change(s) by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.

Major change. Those changes deemed by the PAA to constitute a major change in a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to Subsections I through K.

Adoption of design standards. Any project undergoing the plan approval process shall be subject to compliance with design standards ("Design Standards") entitled "Design Standards, Smart Growth Overlay Districts, Town of Fairhaven, MA," dated May 20, 2024, prepared by Dodson & Flinker, which Design Standards are incorporated herein by reference. The Design Standards may be amended from time to time by majority vote of the PAA, subject to review and approval by EOHLC for compliance and consistency with MGL Chapter 40R, 760 CMR 59.00, and this § 198-29.9.

Purpose. The Design Standards are adopted to provide applicants and the PAA with a shared understanding of appropriate design for projects within the FSGOD. Applicants bring their own programmatic goals for their projects and are faced with numerous choices, often amongst competing design priorities. The Design Standards explain the key aspects of design for the FSGOD so that incremental development projects will add up to the intended cohesive vision for each Subdistrict within the FSGOD. The Design Standards help to ensure that the physical character of projects within the FSGOD:

The removal from a subdivision of more than 50 cubic yards of sand, gravel, rock, topsoil, borrow, sod, loam, peat, humus clay or similar material within any 12 month period shall be allowed only on a special permit from the Zoning Board of Appeals in accordance with § 198-8.

Loam shall not be removed from any lot area of a subdivision or any other area of a subdivision, that is not outlined on the plan as a roadway until specific building permits are issued for the lots involved. The soil removal shall be under the supervision of the Building Commissioner.

The application shall be accompanied by a plan describing the premises and the proposed operation. If involving more than two acres or 2,000 cubic yards the plan shall be prepared by a registered land surveyor and shall show property lines; names and addresses of all abutters, including those across any street or way; existing grades in the area from which the above material is to be removed and in surrounding areas; grades below which no excavation shall take place; and the proposed cover vegetation and trees.

A performance bond in the amount determined by the Zoning Board of Appeals shall be posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of this chapter and such other conditions to the issuance of its permit as the Board may impose.

Before granting a permit, the Zoning Board of Appeals shall give due consideration to the location of proposed earth removal, to the general character of the neighborhood surrounding such location and to the general safety of the public ways in the vicinity.

No excavation shall be less than 200 feet from an existing public way unless specifically permitted by the Zoning Board of Appeals, and no excavation shall be less than 50 feet from any other perimeter lot line. Natural vegetation shall be left and maintained on the undisturbed land for screening and noise reduction purposes, and surge piles and overburden piles shall be located for similar purposes.

All trucking routes and methods will be subject to approval by the Chief of Police.

All roads leading from the earth removal area to public ways shall be treated with oil, stone or other suitable material to reduce dust and mud for a distance of 200 feet from said public way. Roads leading from earth removal areas to public ways shall be constructed at an angle to the public way or constructed with a curve so as to help screen the operation from public view.

No gravel shall be removed within six feet of spring high-water table. This elevation shall be established from a test pit and the level related to a permanent monument of the property. This information shall show on the topographic plan.

Stormwater management for each development shall be designed consistent with or more stringent than the requirements of the Massachusetts Stormwater Handbook, shall comply with Chapter 194, Stormwater Management, Illicit Discharge, Soil Erosion, Sediment Control Bylaw and adhere to the standards and requirements of regulations issued thereunder and shall accomplish the following:

The Planning Board is authorized to vary from these standards due to topographic features of the lot.

It shall be the responsibility of the applicant for all subdivisions greater than three lots and for all special permits for new construction, and for special permits for additions or renovations which increase the impervious area of a property requiring approval of the Planning Board to submit 10 copies of a stormwater management plan (SMP) detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site, and all proposed components of the drainage system and any measures for the detention, retention or infiltration of water, for the protection of water quality and protection from flooding. The SMP shall contain sufficient information for the Planning Board to evaluate the effectiveness and acceptability of those measures proposed by the applicant for controlling flooding and pollution from stormwater runoff. The SMP shall contain maps, charts, graphs, tables, photographs, narrative descriptions, calculations, plans showing construction details of all systems and structures, and citations to supporting references, as appropriate, to communicate the information as required by this section. Stormwater management systems for new development and redevelopment projects shall meet minimum requirements of the General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4 permit), including:

The submittal of a stormwater management plan shall include an order of conditions or a determination of nonapplicability from the Fairhaven Conservation Commission issued under the Fairhaven Wetlands Bylaw.

Performance standards and design specifications.

General standards and specifications. The design, construction and maintenance of stormwater systems shall be consistent with the following:

Selecting a water quality BMP. Three designs for water quality BMPs, micropool extended detention basins, wet extended detention ponds, and infiltration basins are listed in Subsection C(4), Specific standards and specifications below. One of these BMPs may be appropriate for the site:

Specific standards and specifications for water quality BMP's.

After the stormwater management system has been constructed and before the performance guaranty for the development has been released, the applicant shall submit an "as-built" plan detailing the actual stormwater management system as installed. The consulting engineer for the Town shall inspect the system to confirm its as-built features. This engineer shall also evaluate the effectiveness of the system in an actual storm. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the definitive plan, it shall be corrected before the performance guaranty is released. Examples of inadequacy shall be considered but not limited to: errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins. The cost of having the town's consulting engineer review and evaluate the as-built plans and the stormwater management system shall be borne by the developer.

All stormwater management systems shall be maintained in accordance with the following regulations.

Parcel minimum area shall be 10 acres but not less than 2,500 square feet per rental plot.

Campers shall not be placed within 200 feet of a street line or within 80 feet of any other lot line unless dense natural vegetation or topography provide effective screening, in which case a reduction to as little as half the above may be allowed.

No expansion to the existing structure.

Parking shall be as provided for in § 198-27B(1).

No portion of the basement, attic or garage may be used for dwelling purposes.

Use of an existing on-site septic system to service proposed units shall be permitted only upon approval of the Board of Health.

It shall be demonstrated that the placement of a dock and/or pier will not have an adverse impact on coastal ecology, recreational use of adjoining waters, or the use and enjoyment of the waterfront by adjoining property owners.

All proposed docks and/or piers shall be designed and stamped by a registered engineer.

Dock and/or pier length:

No dock, pier, stairs or ramp shall exceed six feet in width, measured outside the support structure (piling, posts or railing).

Setback for any dock and/or pier, and associated floats, shall be 25 feet to side property lines as measured along the shoreline.

Access. Lateral pedestrian passage shall be provided in the intertidal zone or along the shore for fishing and fowling purposes.

Floating docks are permitted. The total area of any and all floats associated with a dock and/or pier shall not exceed 300 square feet.

Two boats or vessels not over 30 feet in overall length shall be the maximum number permitted on any dock and/or pier.

Depth of water. At MLW, there shall be minimum of two and one half feet of water or sufficient navigable water for the proposed vessel at the end of the dock, pier and/or float system.

Shellfish on site of any proposed dock and/or pier shall be removed, replanted or replaced under supervision of the Shellfish Warden.

Conservation Commission approvals shall be required for the construction of all docks and/or piers.

A building permit shall be required for the construction of a dock and/or pier.

All necessary federal and state permits shall be obtained prior to issuance of a building permit.