Fitchburg City Zoning Code
SECTION 181
8 OVERLAY DISTRICTS
181.811 Purpose.
The Water Resource Protection Overlay District (WRPOD) is adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth. The purpose of the WRPOD is:
181.8111.
To promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;
181.8112.
To preserve and protect existing and potential sources of drinking water supplies;
181.8113.
To conserve the natural resources of the City; and
181.8114.
To prevent temporary and permanent contamination of the environment.
181.812 Definitions.
For the purposes of this section, these words and phrases have the following definitions:
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c. 140B, § 1.
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Sodium chloride, chemically treated abrasives, or other chemicals used for snow and ice removal.
The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.
Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also includes such products as solvents and thinners in quantities greater than normal household use.
Material or structure on, above, or below the ground that does not allow precipitation to penetrate directly into the soil.
A facility or part of a facility for solid waste disposal (excluding transfer facilities) established in accordance with the provisions of 310 CMR 19.006.
Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, showers, dishwashers, or any other source.
Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Use of land to store sludge or septage as those terms are defined in 310 CMR 32.00.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal, all as defined and regulated by 314 CMR 5.00.
That area of land from which surface water and groundwater drain into the City's drinking water supply reservoirs.
181.813 Establishment of District.
The WRPOD is herein established as an overlay district. The WRPOD is described on a map entitled "City of Fitchburg Zoning Map, Adopted July 17, 2001," with district boundary lines prepared by the Department of Community Development. All maps are hereby made a part of this chapter and are on file in the office of the City Clerk.
181.8131.
Boundary Disputes. Where the bounds of the WRPOD are in dispute, as delineated on the Zoning Map, the burden of proof shall be upon the owners of the land in question to show where they should properly be located. Resolution of boundary disputes shall be through a special permit application to the Planning Board. The applicant shall provide information in substantial conformance with the criteria set forth in 310 CMR 22.00 for the delineation of "Zone III," as administered by the Massachusetts Department of Environmental Protection, to show where the boundary should properly be located.
181.8132.
The Planning Board shall not grant a special permit under this section unless the applicant demonstrates that the provisions governing the WRPOD may be waived without detrimental effect to water quality as specified herein.
181.814 Use Regulations.
The WRPOD are overlay districts superimposed over the underlying districts set forth in this chapter. Within a WRPOD, the requirements of the underlying district continue to apply, except where the requirements of the WRPOD are more stringent. Uses are prohibited where indicated by "N" in the following schedule and require a special permit from the Planning Board where indicated by "SP," even where the underlying district requirements are more permissive. Uses permitted are indicated by "Y." Where a portion of the lot is located partially within WRPOD and partially outside the WRPOD, site design shall, to the extent feasible, locate potential pollution sources outside the WRPOD boundaries.
1. Principal Uses | WRPOD | ||
A. | Manufacture, use, storage, transport, or disposal of hazardous materials as a principal activity | N | |
B. | Landfills and open dumps | N | |
C. | Automobile graveyards and junkyards | N | |
D. | Wastewater treatment works for nonsanitary wastewaters that are subject to 314 CMR 5.00, including privately owned facilities, except the following: replacement or repair of existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s) | SP | |
E. | Wastewater treatment works for sanitary wastewaters that are subject to 314 CMR 5.00, including privately owned facilities | SP | |
F. | Landfilling of sludge and septage | N | |
G. | Storage of sludge and septage | SP | |
H. | Road salt stockpile or storage of other deicing chemicals in the following manner: | ||
1) | Outside a structure | N | |
2) | Within a structure designed to prevent the generation and escape of contaminated runoff or leachate | SP | |
I. | Motor vehicle service station, motor vehicle repair or body shop, marine repair shop, car wash | SP | |
J. | Earth removal; provided, however, that no earth removal shall take place within 6 feet of historical high groundwater as determined from monitoring wells and historical table fluctuation data compiled by the USGS, except for excavations for building foundations, roads or utility works, unless the substances removed are redeposited within 45 days of removal to achieve a final grading greater than 6 feet above the historical high groundwater mark | SP | |
K. | Any building, structure, or use, other than single family dwelling with accessory structures and uses, to be served by on-site wastewater disposal system with a design capacity of greater than 10,000 gallons per day | SP | |
2. Accessory Uses | |||
A. | Underground storage of hazardous materials, including fuel oil and gasoline | SP | |
B. | Aboveground storage of hazardous materials in quantities greater than associated with normal household use, other than fuel oil for residential heating purposes | SP | |
C. | Any use generating hazardous wastes in quantities greater than associated with normal household use, except the following, which are permitted by right | SP | |
1) | Very small quantity generators, as defined by 310 CMR 30.00 | ||
2) | Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390 | ||
3) | Waste oil retention facilities required by MGL c. 21, § 52A | ||
4) | Treatment works approved by the DEP for treatment of contaminated ground or surface waters | ||
D. | Storage of animal manure; such storage must be within an enclosed building or contained in accordance with the specifications of the U.S. Soil Conservation Service | Y | |
E. | Storage of commercial fertilizers and soil conditioners; such storage must be within a structure designed to prevent the generation and escape of contaminated runoff or leachate | Y | |
3. Other Uses | |||
A. | Rendering impervious more than 15% of the lot or 2,500 square feet, whichever is greater, excluding operations associated with the construction or occupancy of a single-family dwelling | SP | |
B. | Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district | SP | |
C. | Industrial and commercial uses which discharge process wastewater on-site | SP | |
181.815 Special Permit Procedures.
The special permit granting authority (SPGA) for this section shall be the Planning Board. Such special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria herein are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed. Any special permit required hereunder shall be in addition to, and separate from, any other special permit required under this chapter. An application for a special permit under this section shall be governed by the Planning Board's regulations and Section 181.94. In addition, the applicant shall submit, unless waived or modified by the SPGA, with reasons therefor, the following:
181.8151.
A narrative statement detailing all of the information set forth below, if applicable:
A.
A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or deicing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
B.
A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
C.
For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are i) in compliance with all applicable federal or state regulations, ii) in compliance with design specifications, as prepared by a registered professional engineer, and iii) are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.
D.
For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious a system for groundwater recharge must be provided that does not degrade groundwater quality by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
E.
For stockpiling or disposal of snow from outside the district, earth removal, storage of sludge or septage, manure storage, treatment works, and/or discharge or process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any wellfield(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such wellfields.
181.816 Special Permit Decision.
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated herein, that groundwater quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for drinking water or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration.
181.817 Dimensional Regulation.
The minimum lot size in the WRPOD shall be three acres and the minimum frontage shall be 300 feet, except that with respect to land that remains in the same record ownership as of the adoption of this section (September 21, 2005), one additional lot may be created at any time in accordance with the lot area and frontage requirements for the underlying zoning district in effect on the date this provision was adopted. This section is in addition to and not in derogation of any other rights under applicable zoning laws.
181.821 Purpose.
A Planned Development District (PDD) is encouraged in order to promote various types of land uses which can be combined in a compatible relationship with each other as part of a totally planned development. It is the intent of this provision to ensure compliance with the master plan and good zoning practices, while allowing certain desirable combinations of uses and structures, not otherwise available, in a distinct district. A Planned Development District does not have predetermined standards for development, but are proposed by the developer (with input from the City staff) to serve as guidelines for the development of a particular location. The intent of this district is also to insure that what is presented at the time of a Planned Development District zoning amendment is what is actually constructed.
181.822 Permissible Uses and Requirements.
A Planned Development District may be composed of commercial, industrial, residential, open space, or other uses, alone or in combination. A Planned Development District requires a rezoning amendment to the Fitchburg Zoning Ordinance. The minimum lot size for a PDD is two acres.
181.823 Procedures.
A Planned Development District requires an amendment to the Fitchburg Zoning Ordinance and Zoning Map. Applicants for PDD are requested to observe the following procedures in order to promote review of the proposed amendment and to facilitate public-private cooperation in the establishment of the PDD:
181.8231.
Preapplication Review. Applicants are strongly encouraged to schedule a preapplication review with the Planning Board and its staff. Preapplication review should precede the preparation of detailed plans or specifications.
181.8232.
Concept Plan. The applicant should prepare a concept plan for the PDD preapplication review with the Planning Board and its staff. The concept plan should be prepared using the requirements of Section 181.94, herein, as a guide to contents and specifications. Documents recommended for the preapplication review include, but are not limited to, an existing conditions plan of subject properties, a project description (either in narrative or sketch form), a listing of proposed uses to be permitted or allowed by special permit, which may be a narrative describing the type and character of uses and/or a listing, by cross reference, of uses to be permitted as they appear in Section 181.313, Table of Principal Use Regulations. An explanation of why existing zoning districts do not meet the needs of the proposal shall also be submitted. The concept plan will serve as a preliminary site development plan, which will govern the development standards and uses for that particular location.
181.8233.
Informal Public Workshop. When the applicant and the Planning Board have arrived at a mutually agreed upon concept plan, an informal public workshop(s) should be conducted to inform the neighborhood and the City of the proposal, and the concept plan should be adjusted, if necessary, based upon public comments.
181.8234.
Statutory Requirements. The zoning amendment must thereafter be processed in accordance with MGL c. 40A, § 5.
181.8235.
Submission Requirements for a PDD Rezoning.
A.
The application for a PDD rezoning shall include a development proposal which consists of the following four requirements and detailed in the PD Rules and Regulations. All materials shall be submitted in both hard copy and electronic format.
B.
PDD rezoning applications can be obtained from the Community Development Department.
C.
No use is permitted and no development may occur in a PDD except in conformity with the preliminary site development plan approved by the City Council.
D.
The City Council, in considering the zoning amendment and concept plan may permit, as an allowable use, manufactured homes in a PDD residential community where occupancy of the units is restricted to persons 55 years of age or older.
181.8236.
Submission Fee. The Planning Board shall specify submission fees for a PDD rezoning in the PD District Rules and Regulations. The required fee shall be submitted with the PD rezoning application to the Planning Board.
181.8237.
Development plan (site plan).
A.
A development plan shall include the following, at a scale of no smaller than 1:40, unless otherwise noted, containing all of the following proposed site construction information:
(1)
Location of buildings; number of stories, approximate floor area and maximum height of each building; the distance in feet between buildings.
(2)
Existing and proposed contours.
(3)
Proposed lot lines.
(4)
Grading and landscaping.
(5)
Location and dimensions of drives and parking areas.
(6)
Location and characteristics of any common open space or usable open space.
(7)
Proposed drainage system.
(8)
Proposed landscaping.
(9)
Building elevations.
(10)
Building envelope.
B.
A table within the plan set containing all of the following information:
(1)
Total land area (square feet).
(2)
Building envelope (square feet and percentage of the total land area).
(3)
Common and open space, if any (square feet and percentage of the total land area).
(4)
Site coverage of buildings (square feet and percentage of the total land area).
(5)
Impervious surface area (square feet and percentage of the total land area).
(6)
Pervious surface area (square feet and percentage of the total land area).
(7)
Gross floor area of all nonresidential buildings.
(8)
Floor area ratio, if applicable.
(9)
Density of dwelling units, or their equivalent, if applicable.
(10)
Number of off-street parking spaces and, if applicable, loading bays.
C.
A locus-context map of all land within 500 feet of any part of the proposed PDD containing all of the following information (the scale on this map may be no smaller than 1:600):
(1)
All dwellings and principal buildings.
(2)
Land use of each lot.
(3)
Lot and right-of-way lines.
(4)
Existing contours at two-foot intervals.
(5)
Principal natural features in general, including but not limited to significant rock outcroppings, water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the 100-year flood elevation).
(6)
Significant vegetation, including, but not limited to mature trees, unique specimens of vegetation, and vegetation that indicates wetlands.
(7)
Zoning district boundaries. Recorded easements on the proposed PDD and within the 500-foot limit.
(8)
Public facilities, including, but not limited to, conservation or recreation land, footpaths, bicycle paths, and streets.
(9)
Significant noise/visual impact, including, but not limited to, views from the site and sources of noise affecting the site.
(10)
Historically or architecturally significant structures and sites on or adjacent to the proposed PDD.
(11)
Areas of known contamination and a delineation of the disposal site area within 500 feet.
D.
A property rights and dimensional standards plan containing the following information:
(1)
The location of existing easements or other property rights affecting the proposed development.
(2)
The approximate locations of any sections of the land to which the City would be granted property rights, either easements or transfer of ownership for street, utility, conservation or other purposes.
(3)
The anticipated division of the property into parcels in private ownership, if any, if it affects zoning provisions.
(4)
The yard setback in feet for buildings and parking lots from lot lines and, where applicable, a zoning district boundary, a brook or a pond.
(5)
The boundaries of any common open space or usable open space.
E.
A utilities analysis showing:
(1)
The location and size of the City's existing water mains, fire hydrants, sanitary sewers, and storm drains.
(2)
The proposed locations and the approximate size of utilities to be constructed on the site and their proposed connections to the City's utilities, and any special features, such as culverts or pumping stations, that might affect the ability of the City to service the development.
F.
An existing conditions plan.
181.8238.
Zoning Amendment. The finalized Development Plan provides the basis for the text of the zoning amendment. The Planning Board and the Community Development Department and City Solicitor staff shall prepare the text of the amendment and locate the new district on the Zoning Map.
181.8239.
City Council Action.
A.
No use is permitted and no development may occur in a PDD except in conformity with the development plan approved by the City Council.
B.
The City Council, in considering the zoning amendment and concept plan may permit, as an allowable use, manufactured homes in a PDD residential community where the units are restricted to persons 55 years of age or older.
181.824 PDD Special Permit Requirements.
181.8241.
Changes in Uses or Site Development Plan. Changes in uses or substantial changes in the site development plan approved by City Council may be made only after approval by City Council of a new preliminary site development plan according to the procedures used for a zoning amendment, followed by the issuance of a special permit based on the new approved plan.
181.8242.
Special Permit Required. The Planning Board may grant a special permit with site plan review for a Planned Development subject to the following provisions:
A.
The Planning Board makes a determination that the development conforms substantially to the preliminary site development plan approved by the City Council and is consistent with the considerations set forth in Section 181.821;
B.
The special permit incorporates, by reference, the definitive site development plan filed with the special permit application;
C.
The special permit may allow any or all of the uses specified in the plan approved by City Council but no others;
D.
The Planning Board may, in its discretion, permit revisions from the preliminary site development and use plan approved by the City Council provided they do not conflict with the provisions of the text of such plan. Such revisions shall generally be limited to the location of the building(s) and changes in the site plan;
E.
The special permit shall require that any land designated as common open space on the approved plan shall be either conveyed to the City or protected by an easement granted to the City; and
F.
The special permit may contain such additional conditions as the Planning Board finds will serve the public interest.
181.8243.
Denial of Special Permit. The Planning Board may deny an application for a Planned Development special permit and base its denial upon a finding that the proposed development does not conform substantially to the plans for the commercial or residential development of the tract as approved by the City Council.
181.8244.
Revision of Special Permit. Subsequent to a special permit granted by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, ordinances, and regulations, but the commercial or residential development approved under such special permit shall otherwise be in accordance with the application for the special permit, except as modified by the decision of the Planning Board. The developer shall notify the Planning Board in advance of any such revision which shall not be effective until approved by vote of the Board. If the Planning Board determines such revisions not to be minor, it shall order that an application for a revised special permit be filed, and a public hearing held in the same manner as set forth in Section 181.94.
181.831 Purpose.
The City designates Priority Development Sites (PDS) to encourage the redevelopment of the sites by providing expedited permitting processes pursuant to MGL c. 43D. This section shall be construed and interpreted to be consistent with MGL c. 43D and the regulations promulgated thereunder. Any terms used in this section shall have the meaning defined in MGL c. 43D.
181.832 Location.
181.833 Procedures.
All applications for development within a PDS, except applications for building permits, definitive subdivision plans and plans submitted under MGL c. 41, § 81P, as plans not requiring approval (ANR), must be processed and approved within the specific timeframes described in this section. If any deadline or date described in this section falls on a Saturday, Sunday, legal holiday or during a state of emergency declared by a public authority, the deadline will be computed to be the business day which occurs immediately following that Saturday, Sunday, legal holiday or publicly declared state of emergency.
181.8331.
The application shall be filed with the appropriate permit granting authority and the City Clerk subject to the rules, regulations and requirements of that permit granting authority. The applicant shall also file a complete copy of the application with the primary municipal liaison, a person appointed by the Mayor without Council approval who will coordinate all applications for the project.
181.8332.
The primary municipal liaison shall ensure that all relevant local boards, commissions, officials, and other authorities have received a copy of the application for review.
181.8333.
Within 20 business days after receiving the application, the permit granting authority will determine whether the application is complete, and will notify the applicant of its determination by certified mail. If the permit granting authority determines the application is complete, it will issue a certificate of completeness to the applicant within this twenty-day period. If the permit granting authority fails to mail the notice of Completeness within this twenty-day period, the application will be deemed complete and the permit granting authority will issue a certificate of completeness on request. If the permit granting authority determines the application is incomplete, it will notify the applicant in writing by certified mail a statement of the reasons why the application is incomplete and inform the applicant what information is necessary to complete the application. The resubmission of a new application in response to the notice of incompleteness starts a new twenty-business-day completeness review period.
181.8334.
The permit granting authority will complete the review of the application and will render its decision on the application within 180 calendar days from the day after the issuing a certificate of completeness. This period may be waived or extended only in the following circumstances:
A.
For good cause shown, upon written request, and with the consent of both the applicant and the permit granting authority.
B.
If, within the first 150 days after a certificate of completeness has been issued, the permit granting authority determines that another permit or additional review by another authority is required which had not been previously identified by the municipal liaison, the time limits may be extended as described in this subsection if the permit granting authority notifies the applicant by certified mail immediately upon the discovery of the need for the additional permit or review. The time period will be extended by no more than 30 days from the close of any public hearing or public comment period required by the additional permit or review if one is required or, if no public hearing or comment period applies, by 30 days from the original 180-day period. The special permit granting authority will schedule any hearing or comment period as quickly as publication allows.
C.
If, during the process, the application is modified to the degree that the permit granting authority cannot make a decision on the application within the original 180-day period or, if the applicant makes a substantial change to the project for the purpose of public benefit, provided that the permit granting authority makes a written request to the Interagency Permitting Board established under MGL c. 23A, § 2, or the Permitting Ombudsman and includes the reasons for the request and the requested new timeframe. The Board or Ombudsman shall respond with their determination on the request within 10 business days of receipt of such request. If the permit granting authority does not get a response within this time, the time will be extended until such a response is received and then extended, in accordance with the response.
D.
The 180-day period will also be extended in cases if:
(1)
Action by another federal, state, or municipal government agency, not subject to MGL c. 43D, is required before the permit granting authority may reasonably act;
(2)
Pending judicial proceedings affect the ability of the permit granting authority or the applicant to proceed with the application; or
(3)
Enforcement proceedings that could result in revocation of an existing permit for the project or denial of the application have commenced.
In these cases, the 180 day clock shall resume when the reason for the extension is no longer applicable. The permit granting authority will notify the applicant and the City Clerk by certified mail of the resumption of the process.
181.8335.
If an application to modify a permit or decision is filed, the permit granting authority shall inform the applicant within 20 business days after it receives the application whether the request is approved, denied, if it requires additional information to make a decision, or if the proposed modification is substantial enough to require additional time and/or public hearings for review. In cases where additional information is required, the permit granting authority shall have an additional 20 business days after it receives the new information within which to complete the review and issue their decision. In cases where the proposed modification is substantial and/or requires a public hearing, the permit granting authority shall make every reasonable effort to complete the process in a timely manner to maintain the integrity of the expedited permitting process.
181.8336.
Failure of the permit granting authority to take final action on an application within the 180-day period, except as extended under this section, shall be deemed a constructive grant of the relief or approval requested by the applicant pursuant as set forth in MGL c. 43D. If this happens, the applicant may file, within the next 14 calendar days, an affidavit together with a copy of the application in the office of the City Clerk. The affidavit describe all of the facts giving rise to the constructive grant or approval and shall state that copies been mailed by certified mail to all parties to the proceedings and all persons entitled to notice of hearing. This constructive grant or approval shall not apply when:
A.
The permit granting authority has made a timely determination that the application is incomplete and the applicant has not provided the requested information within 90 calendar days, in which case the permit granting authority shall notify the Interagency Permitting Board that the permit process has been discontinued;
B.
The permit granting authority has determined that the application has undergone substantial modifications as referred to in Section 181.8335;
C.
The permit granting authority has determined the application contained false or misleading information, in which case notice of said determination shall be mailed by certified mail to the applicant and the Interagency Permitting Board.
181.8337.
Appeals of the permit granting authority's decision or from the constructive grant of approval shall be filed within 20 calendar days after the last permitting decision related to the project has been rendered or the conclusion of the 180 day period (or the extended time period as applicable), whichever is later, as set forth in MGL c. 43D.
181.841 General Regulations That Apply to All Smart Growth Zoning Districts.
[Amended 12-3-2024 by Ord. No. 200-2024]
181.8411.
Purposes. The purposes of the Smart Growth Zoning Districts are:
A.
To establish zoning that will encourage smart growth in accordance with the purposes of Chapter 40R of the General Laws.
B.
To provide an opportunity for residential development and to especially encourage mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of Fitchburg.
C.
To promote continuing development and redevelopment in Fitchburg that is pedestrian friendly and consistent with Fitchburg history and architecture.
D.
To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Fitchburg and provides an environment with safety, convenience and amenity.
E.
To provide for a diversified housing stock at a variety of costs within walking distance of services and public transportation, including affordable housing and other housing types that meet the needs of the City's population.
F.
To generate positive tax revenue for the City, and to benefit from the financial incentives provided by Chapter 40R of the Massachusetts General Law, while providing the opportunity for new business growth and additional local jobs.
G.
To encourage preservation and rehabilitation of historic structures and buildings.
H.
To promote efficient use of land and existing parking supply and limit the expansion of surface parking within the district by encouraging shared parking.
I.
To encourage adoption of energy efficient building practices and sustainable construction methods.
J.
To ensure compliance with the Massachusetts Department of Environmental Protection stormwater management policies and practices.
K.
To designate zoning districts that allow multi-family development as-of-right in order to comply with Mass General Law Chapter 40A, Section 3A of the Zoning Act, referred to as MBTA Communities, while maintaining the continuity of ground-floor retail and other active uses in the core of Main Street downtown.
181.8412. ADMINISTERING OR MONITORING AGENT ADMINISTRATIVE REGULATIONS or AA REGULATIONS AFFORDABLE HOMEOWNERSHIP UNIT AFFORDABLE HOUSING AFFORDABLE HOUSING RESTRICTION AFFORDABLE RENTAL UNIT AFFORDABLE UNIT ALLOWED USE ANNUAL UPDATE APPLICANT APPROVING AUTHORITY or PLAN APPROVAL AUTHORITY (AA) AREAWIDE MEDIAN INCOME ARTIST LIVE/WORKSPACE ARTIST STUDIO SPACEA. B. C. AS-OF-RIGHT or AS-OF-RIGHT DEVELOPMENT CONDOMINIUM DENSITY DESIGN STANDARDS DEVELOPMENT PROJECT or PROJECT DWELLING DWELLING, MULTIFAMILY ELIGIBLE HOUSEHOLD EOHLC FAMILY FLOOR AREA GOVERNING LAWS INSTITUTIONAL USE LOADING SPACE MASTER PLAN MIXED-USE DEVELOPMENT PROJECT NON-RESIDENTIAL USEA. (1) (2) (3) B. PARKING, OFF-STREET PLAN PLAN APPROVAL PLAN REVIEW RESIDENTIAL PROJECT RESIDENTIAL USE SERVICE SINGLE HOUSEKEEPING UNIT SMART GROWTH ZONING DISTRICT (SGZD) UNDERLYING ZONING UNRESTRICTED UNIT USE
Definitions. For purposes of this Section 181.84, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Governing Laws or as set forth in the AA Regulations. Where, for readability or other reasons, the terms defined in the AA Regulations or the Governing Laws appear without capitalization, such use shall nevertheless be presumed to have the same meaning as defined in the AA Regulations or the Governing Laws, as applicable, unless it is obvious from the context that the common law definition applies. Common law definitions shall apply to all other terms not defined in the AA Regulations or the Governing Laws, except that any terms not otherwise defined herein in the AA Regulations or Governing Laws but defined in Section 181.10 may apply to the extent such definitions are not in conflict with the purposes of Governing Laws. To the extent that there is any conflict between the definitions set forth herein or in the AA Regulations and those contained in the Governing Laws, the terms of the Governing Laws shall govern.
An entity designated by the Fitchburg Planning Board with the power to monitor and to enforce compliance with the provisions of this section related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the SGZD (see Section 181.8418).
Administrative rules and provisions relative to Plan Approval that are adopted by the Planning Board pursuant to 40R[1] and applied to Projects in its capacity as the 40R Plan Approving Authority under Section 181.8418. To the extent they are applied to Projects developed under this Section 181.84, such rules and regulations, project application form(s), any other application requirements, including the Planning Board's Rules & Regulations must be approved by the Executive Office and Housing and Livable Communities
A Dwelling Unit required to be sold to an Eligible Household per the requirements of this section.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of an Affordable Unit meeting statutory requirements in MGL c. 184, § 31 and the requirements of Section 181.8418.
A Dwelling Unit required to be rented to an Eligible Household per the requirements of Section 181.8418.
The collective reference to Affordable Homeownership Units and Affordable Rental Units.
A principal, accessory or other permitted Use listed under Section 181.844.
A list of all approved and currently proposed Smart Growth Districts within the City of Fitchburg and other associated information, to be filed on or before July 31 of each year with the Executive Office and Housing and Livable Communities pursuant to Chapter 40R of the Massachusetts General Laws and applicable regulations [760 CMR 59.07(1)].
A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this section.
The Fitchburg Planning Board authorized under this section to conduct the Plan Approval process for purposes of reviewing project applications and issuing Plan Approval decisions within the SG district.
The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
A building or any portion thereof containing units used by the occupant(s) therein for both residential use and Artist Studio Space. Retail sales of art supplies and/or art produced on-site that does not take place more than 20 hours per week will be an allowable accessory use. Such units shall not constitute bonus units and shall be subject to the limitations on nonresidential use contained in this Section 181.84, unless the applicable percentage of Affordable Units required under this section is applied proportionately to such units within a given project or such proportionality has been expressly waived in writing by EOHLC for the project.
Space used for the creation, production, rehearsal or teaching of any visual art or craft, including but not limited to painting, drawing, graphic design, photography, video, film, sculpture, and pottery; of written works of fiction or nonfiction; or of any performing art, whether for live or recorded performance, including music, dance, and theater, office of creative design professional (e.g., architect, landscape architect, industrial designer), accessory sales of such art, and other bona fide arts related uses. Activities must conform to the following requirements:
The use, including storage of materials or products, shall be carried on strictly within an enclosed building.
The production of offensive noise, vibration, smoke, dust or other particulate matter, heat, humidity, glare, and other customary potential impacts arising from such uses shall comply with applicable law.
Retail sales of art produced on-site will be an allowable accessory use.
A use or Development Project allowable under this Section without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Plan Review requirement of this section shall be considered an As-of-Right Development.
A system of ownership of real estate, including commercial, industrial, and attached and detached residential dwelling units, established pursuant to the Condominium Act of the Commonwealth of Massachusetts, Chapter 183A of the Massachusetts General Laws, in which the apartments or dwelling units are individually owned and the land and common areas are owned in common. A condominium is not a use or a building type, rather it is a form of ownership that can apply to any use or building type.
The number of dwelling units per acre of land.
Provisions adopted in accordance with Section 181.843(L) that shall be applicable to all Development Projects within the SGZD.
A Residential Project or Mixed-Use Development Project undertaken under this section. A Development Project shall be identified as such on the Plan which is submitted to the Plan Approving Authority for Plan Review.
A unit within a building occupied exclusively as a residence for one or more families, including artist live/work space.
For purposes of this Section 181.84 only, multi-family shall be any residential use on a lot or lots held in common ownership that contains three (3) or more dwelling units among one or more structures. For purposes of this Section 181.84 only, Multi-Family shall mean at least three or more units in one structure, or at least two units in each of two structures
An individual or household whose annual income is below 80% of the Areawide Median Income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
The Commonwealth of Massachusetts' Executive Office of Housing and Livable Communities, which oversees 40R Smart Growth and 3A MBTA Communities requirements. Formerly known as the Massachusetts Department of Housing and Community Development (DHCD).
A person or number of persons occupying a dwelling unit and living as a Single Housekeeping Unit.
The sum of the areas of habitable or commercially usable space on all floors of a structure, including the interior floor area of all rooms (including bathrooms and kitchens), closets, pantries, hallways that are part of a dwelling unit or inside a commercial building, including habitable finished basements but excluding cellars or unfinished basements.
MGL c. 40R and 760 CMR 59.00
A nonprofit or quasi-public use or institution, such as a church, library, public or private school, municipally owned or operated building, structure or land, used for public purpose.
Off-street space logically and conveniently located for bulk pickups and deliveries by truck, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
The Fitchburg Master Plan, adopted by the Fitchburg Planning Board, as amended.
A Development Project containing a mix of Residential Uses and Non-Residential Uses, in which residential uses occupy at least 50% of the total gross floor area (with further restrictions for the DSGZD-MMU subdistrict as specified in Section 181.8415) and subject to all provisions of this Section 181.84.
Allowable Non-Residential Uses in a Mixed-Use Development project include:
Exempt Uses (as listed in the Table of Principal Use Regulations 181.313) including Child Care Facility; and Family Daycare Home, Small.
Institutional Uses (only the following): Municipal facilities, Adult Day Care Facility.
Commercial Uses (only the following): Lodge or Club; Retail Stores and Services (excluding open air displays); Florist; Restaurant; Artisan Food and Beverage up to 7,500 SF gross floor area; Artisan Manufacturing up to 7,500 SF gross floor area; Business or Professional Office; Medical Office; Amusement Facility; Commercial Indoor Recreation; Personal Service Facility; General Service Establishment; Artist Studio Space.
Artist Live/Work Space shall not be considered a Non-Residential Use.
For purposes of this Section 181.8416, an off-street parking space shall conform to the provisions in Sec 181.514, Off-street Parking Design Standards unless otherwise approved by EOHLC.
A plan depicting a proposed Development Project for all or a portion of the SGZD and which is submitted to the Planning Board for its review and approval in accordance with the provisions of this Section 181.84.
The Planning Board's authorization, acting as the Plan Approving Authority (AA) per the Governing Laws, for a proposed Development Project based on a finding of compliance with this section and the Smart Growth Design Standards after the conduct of a Plan Review.
The review procedure established by this Article and administered by the Fitchburg Planning Board acting as AA.
A Project that consists of residential, parking and accessory uses as defined in Section 181.8412.
A use within a building or part of a building containing Dwelling Units as defined herein above and associated parking that is accessory to the Dwelling Units. Artist Live/Work Space shall be considered a Residential Use.
The performance of any act for the benefit of another with a view to profit or for a livelihood.
Any household whose members are an interactive group of persons jointly occupying a dwelling unit, including joint access to and use of all common areas including living, kitchen and eating areas within the dwelling unit, and sharing household activities, and responsibilities such as meals, chores, expenses and maintenance, and whose makeup is determined by the members of the unit rather than by the landlord, property manager, or other third party. This does not include a boarding, lodging or rooming house.
An overlay zoning district adopted pursuant to Chapter 40R of the Massachusetts General Laws, in accordance with the procedures for zoning adoption and amendment as set forth in Chapter 40A of the Massachusetts General Laws, and approved by the Department of Housing and Community Development Executive Office of Housing and Livable Communities pursuant to Chapter 40R of the Massachusetts General Laws, and applicable regulations.
The zoning requirements adopted pursuant to Chapter 40A of the Massachusetts General Law, that are otherwise applicable to the geographic area in which the SGZD is located, as said requirements may be amended from time to time.
A Dwelling Unit that is not an Affordable Unit.
The purpose for which land or a building or structure is arranged, designed, intended or erected, or for which land or a building or structure is or may be occupied.
[1]
Editor's Note: See Chapter 40R of the General Laws.
181.8413.
Scope and Authority. The Smart Growth Zoning District is established pursuant to the Governing Laws, and shall be deemed to overlay the parcels shown on the Zoning Map of the City of Fitchburg, as amended. The Underlying Zoning shall remain in effect, and the Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this Section 181.84, or complying with all applicable zoning controls set forth in Chapter 181, Zoning, of the City of Fitchburg Code, for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this Section 181.84 shall be governed solely by the provisions of this Section 181.84 and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions, including 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. To the extent that there is any conflict between the Governing Laws and this Section 181.84, inclusive of the AA Regulations and the Design Standards, the Governing Laws shall govern.
181.8414.
Performance Standards. All permitted uses must comply with the following:
A.
Does not regularly emit noxious odors, or dust particles, or smoke, or pose danger, such as manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, or explosives, and which would not violate applicable state and federal laws.
B.
Does not present a danger to persons within or outside the SGZD by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason in violation of applicable state and federal laws.
C.
Development Projects proposed pursuant to Section 181.84 shall be subject to all other applicable local, state and federal regulation not applicable to zoning.
D.
All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
E.
Complies with Chapter 154, Stormwater Management, of the Fitchburg City Code,, regardless of the amount of area being disturbed. Until such time that the City of Fitchburg has qualified for one or more density bonus payments corresponding to a number of bonus units that is equal to or greater than the minimum number of incentive units associated with any zoning incentive payment received for a given SGZD established under this Section 181.84, any subsequent amendments to Stormwater Management Ordinance shall not apply to Development Projects in such SGZD until EOHLC has received written notice of such amendment(s) and determined that such amendment(s) does not unduly restrict development within the such SGZD as per 760 CMR 59.02.
181.8415.
Mixed-Use Development within the DSGZD-MMU subdistrict. In the DSGZD-MMU subdistrict, Mixed-Use Development (per Section 181.8412. Definitions) is required; stand-alone Multi-Family Dwellings are prohibited. Residential Uses should only be located on upper floors, not the ground floor. Non-Residential Uses may also be located on upper floors. In order to contribute to active street frontages, the ground floor Non-Residential Use in the DSGZD-MMU subdistricts shall occupy at least 75 percent of the street frontage along the front facade, and shall have a minimum depth of 20 feet as measured perpendicular to the street.
181.8416.
Off-Street Parking and Loading.
A.
Off-Street Parking -
(a)
Within the DSGZD-MMU subdistrict, off-street parking is not required for Non-Residential uses.
(b)
In all areas of a SGZD except for DSGZD-MMU, Non-Residential Uses located within 800 feet of a public off-street parking facility shall be exempt from off-street parking requirements provided there exists continuous pedestrian access between the parking and the entrance to the Development Project. In all other cases, off-street parking shall be provided for Non-Residential Uses to meet the underlying zoning requirements.
(c)
In all locations of a SGZD, including the DSGZD-MMU subdistrict, residential units shall provide a minimum of 1.25 spaces per Dwelling Unit, and may provide up to 2.0 off-street parking spaces per Dwelling Unit.
B.
Guest Parking. Guest parking is required at a rate of one (1) off-street parking space for every ten (10) Dwelling Units, in addition to the requirements in Section 181.8416.A.
C.
Off-Street Loading and Delivery. Off-street loading spaces shall be provided to meet the underlying zoning requirements.
D.
Location of Parking. Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within any applicable restricted front setback area.
E.
Waiver of Parking Requirements.
(1)
The Planning Board may grant a Plan Approval providing such relief from the standards or prescribe safeguards and conditions as it shall warrant appropriate, provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in the SGZD.
F.
Conditions. The Planning Board may impose conditions of use or occupancy appropriate to such modifications, provided that the particular use and occupancy were voluntarily proposed by the applicant and would not impair the development of housing within the district which is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
G.
Shared Use of Required Parking.
(1)
Shared use may be made of required parking spaces by intermittent use establishments, for example, churches, assembly halls or theaters, whose peak parking demand is only at night or on specific days of the week; by other uses whose peak demand is only during the day; or in public parking lots. At the time of application, a formal agreement shall be made in writing by the owners of the uses involved concerning the number of spaces involved, substantiation of the fact that such shared use is not overlapping or in conflict, and the duration of the agreement.
(2)
The Applicant shall demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other industry established studies on shared parking).
H.
Cooperative Establishment and Operation of Parking Areas. Required parking spaces for any number of uses may be provided in a combined lot or lots (public or private), provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual uses, with allowances made, upon formal designation, for night use or for separate and distinct working shifts, and provided also that such lot or lots shall be within 800 feet of the principal buildings served.
I.
Parking Design. Parking shall be designed and constructed to comply with all applicable state or federal accessibility requirements including but not limited to the Americans with Disabilities Act (ADA)[2] and 521 CMR 23.00, Parking and Passenger Loading Zones.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
181.8417.
Open Spaces and Recreational Areas. The site design for Development Projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for Plan Approval within the SGZD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Planning Board shall include a description of proposed ownership and maintenance provisions of all common open space and facilities and, if requested by the Planning Board, any necessary restrictions or easements designed to preserve the open space and recreational areas from future development. Upon consideration of the above information, the Planning Board may approve a waiver as provided for in Section 181.843(E) for a front setback to allow for common open space or facilities.
181.8418.
Affordable Housing.
A.
Affordable Units shall comply with the following requirements:
(1)
For an Affordable Rental Unit, the monthly rent payment, including applicable utility allowances, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one, unless another methodology for determining the target household size has been approved by EOHLC.
(2)
For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one.
(3)
Affordable Units required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
B.
Number of Affordable Units. Twenty percent of all Dwelling Units constructed in a Development Project 13 units or larger in size shall be Affordable Units; provided, however, that for Development Projects in which all of the Dwelling Units are limited to occupancy by elderly persons and/or by persons with disabilities, 25% of the Dwelling Units shall be Affordable Units and that the total number of affordable units within the entire SGZD equals not less than 20%.
C.
Fractional Units. When the application of the percentages specified in Section 181.8418(a) results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.
D.
Design and Construction. Affordable Units must be dispersed equitably and proportionately throughout a Development Project, including, where applicable, across all buildings, floors and unit types, and across all gross floor area devoted to residential units. Affordable Units must be comparable in exterior design to the unrestricted units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a Dwelling Unit under applicable law. The Affordable Units must have access to all on-site amenities. Affordable Units shall be finished housing units. All Affordable Units must be constructed and occupied not later than concurrently with construction and occupancy of unrestricted units. In Development Projects that are constructed in phases, Affordable Units must be constructed and occupied in proportion to the number of units in each phase of the Development Project.
E.
Unit Mix. The total number of bedrooms in the Affordable Units shall be at least proportionate to the total number of bedrooms in all units of the project of which the Affordable Units are a part.
F.
Affordable Housing Restriction. Each Affordable Unit shall be subject to an Affordable Housing Restriction approved by EOHLC, pursuant to 40R,[3] and recorded with the Worcester Northern District Registry of Deeds or Land Court Registry. All affordable housing restrictions must include, at minimum, the following:
(1)
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms, and a description of the overall quantity, initial unit designations, number of bedrooms and number of bedroom types of Affordable Rental Units in a Development or portion of a Development which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Development Project or the rental portion of a Development Project with the designated Affordable Rental Units initially identified in the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and able to float on a limited basis, as necessary, subject to specific approval by EOHLC in accordance with the AFHMP and EOHLC's AFHMP guidelines.
(2)
The term of the Affordable Housing Restriction which shall be in perpetuity or for the longest period customarily allowed by law, as further specified in the AA's Plan Approval decision, but shall be no less than 30 years.
(3)
The name and address of the monitoring agent with a designation of its power to monitor and enforce the Affordable Housing Restriction.
(4)
Reference to a housing marketing and resident selection plan, to which the Affordable Unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by EOHLC, pursuant to 40R for the corresponding project or phase(s) therein, the housing marketing and selection plan may provide for local preferences in resident selection. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size.
(5)
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan.
(6)
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set.
(7)
A requirement that only an Eligible Household may reside in an Affordable Unit and that notice of any lease or sublease of any Affordable Unit shall be given to the monitoring agent.
(8)
Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the monitoring agent.
(9)
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the monitoring agent and the City of Fitchburg, in a form approved by municipal counsel and EOHLC pursuant to the Governing Laws, and shall limit initial sale and resale to and occupancy by an Eligible Household.
(10)
Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the provisions of this Section 181.8418 and containing such other information as may be reasonably requested in order to ensure compliance with the affordable housing restriction and AFHMP.
(11)
Provision that the restriction on Affordable Rental Units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and the City of Fitchburg, in a form approved by municipal counsel and EOHLC pursuant to the Governing Laws, and shall limit rental and occupancy to an Eligible Household.
(12)
A requirement that residents in Affordable Units provide such information as the monitoring agent may reasonably request in order to ensure compliance with the affordable housing restriction and AFHMP.
(13)
Designation of the priority of the affordable housing restriction over other mortgages and restrictions.
[3]
Editor's Note: See Chapter 40R of the General Laws.
G.
Administration. The monitoring agent shall ensure the following (see Section 181.8412):
(1)
Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed.
(2)
Income eligibility of households applying for Affordable Units is properly and reliably determined.
(3)
The housing marketing and resident selection plan has been approved by DHCD pursuant to the Governing Laws, conforms to all requirements and is properly administered.
(4)
Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given.
(5)
Affordable housing restrictions meeting the requirements of this section are recorded with the Worcester Northern District Registry of Deeds or Land Court. In the case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the Planning Board or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Fitchburg Planning Board.
H.
Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the owner of reasonable costs to the monitoring agent and the owner shall pay 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 under this Section 181.84 and the Governing Laws.
I.
In combination, the various documentation required under Section 181.8418, to be submitted with an application for Plan Approval, shall include details about construction related to the provision, within the Development Project, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
181.842 Plan Approval Procedures.
[Amended 12-3-2024 by Ord. No. 200-2024]
Plan approval procedures shall be as follows:
181.8421.
Preapplication Review. Applicants are strongly encouraged to schedule a preapplication review with the Approving Authority staff, which may include meeting with the Fitchburg Development Review Committee. A concept plan may be submitted to help guide the development of the definitive submission for project build out. Such concept plan should include the following: overall building envelope areas, open space and natural resource areas, general site improvements, drainage plans, groupings of buildings and proposed land uses, anticipated parking spaces and locations, site vehicular access. The concept plan is intended to be used as a tool for both the Applicant and the Planning Board to ensure that the proposed project design will be consistent with the design standards and other requirements of the SGZD.
181.8422.
Application Procedures. All Projects are subject to Plan Approval.
A.
Submittal
(1)
An application for Plan Approval shall be submitted in accordance with the requirements herein and further specified in the SGZD Administrative Regulations, on the form provided by the AA along with the application fees set forth in the Administrative Regulations. The application shall be accompanied by such plans and other documents as required by the Administrative Regulations required to verify compliance with any of the provisions of this Section in a manner that, as defined in 760 CMR 59.02, does not Unduly Restrict development within the SGZD. As part of the submission requirements of Administrative Regulations, an application for Plan Approval shall include in its submission, conformance with the requirements of Section-181.95 Site Plan Review, as well as applicable administrative application and fee requirements for Site Plan Review within the Planning Board's "Rules & Regulations." In addition to the submission requirements of Administrative Regulations, an application for Plan Approval shall include all of the following:
(2)
At least 30 days prior to the Applicant filing an Application with the City Clerk, the Applicant shall file the application for preliminary review with the City Department of Community Development and Planning. Upon completion of filing with the City Clerk, the Applicant shall file forthwith with the Planning Board a copy of the complete application, including the date of filing as certified by the City Clerk, as well as the required number of copies of the application. Application submissions must include a hard copy as well as an electronic copy in PDF. Said filing shall include any required forms provided by the Planning Board. As part of any application for Plan Approval for a Development Project, the Applicant must submit the following documents to the Planning Board and the Monitoring Agent:
(a)
Evidence that the Development Project complies with the cost and eligibility requirements of Section 181.8418.
(b)
Development Project Plans that demonstrate compliance with the design and construction standards of Section 181.8418(D); and
(c)
A form of Affordable Housing Restriction that satisfies the requirements of Section 181.8418(F).
(d)
Review fees. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the Planning Board, pursuant to MGL C. 40R, S. 11(a). Such fees shall be held by the City of Fitchburg in a separate account, and shall be used only for expenses associated with the use of outside consultants employed by the Planning Board in reviewing the Plan application. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith;
181.8423.
Traffic Impact Study. When required by the Approving Authority, the traffic impact study shall include the following information:
A.
A report on existing traffic conditions including estimated average daily and peak hour traffic volumes, average and peak speeds, sight distances, accident data for the previous three years, and levels of service (LOS) of intersections and streets likely to be impacted by the proposed development. Generally, such data shall be presented for all major streets and intersections within 1,000 feet of the project boundaries; provided, however, that all such studies shall be no more than 18 months old at the date of the application.
B.
Projected traffic conditions for design year of occupancy. Statement of design year of occupancy, average annual background traffic growth, impacts of proposed developments which have already been approved or are pending before City boards.
C.
Projected impact of proposed development. Projected peak hour and daily levels and directional flows resulting from the proposed project; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post development traffic volumes and levels of service of intersections and streets likely to be affected by the proposed project
D.
Proposed methods as necessary to mitigate the estimated traffic impact and methodology and sources used to derive existing data and estimations. At the discretion of the Approving Authority, the Applicant may within a mitigation plan contribute funds for the purpose of partial design and/or construction of off-site traffic improvements provided the funding is proportional to the impacts of the traffic impacts resulting from the proposed Development Project. The Approving Authority may reduce the amount of required mitigation upon a finding that achieving this performance standard would unduly restrict opportunities for development.
181.8424.
Circulation to Other Boards. In accordance with the Administrative Regulations, the Planning Board shall provide a copy of the application materials to all relevant municipal Boards, Departments, Commissions and Officials as determined by the Planning Board and to the monitoring agent. These entities shall provide any written comments within 30 days of the filing of the plan and application with the City Clerk.
181.8425.
Public Hearing and Time Limits. The Planning Board shall hold a public hearing for which notice has been given according to the procedure specified in MGL c. 40A, § 11, and review all applications in accordance with the Governing Laws.
181.843 Decision of the Planning Board.
A.
The decision of the Planning Board shall require a majority vote of the Board's members and be made, and written notice of the decision filed with the City Clerk within 120 days of receipt of the application by the City Clerk.[1] This time may be extended by mutual agreement between the Planning Board and the Applicant by written agreement filed with the City Clerk. Failure of the Planning Board to take action within said 120 days or the extended time shall be deemed an approval of the Plan Approval application.
[1]
Editor's Note: So in original.
B.
Criteria for Plan Approval. The Planning Board shall approve the Development Project upon all of the following findings:
(1)
The Applicant has submitted the required fees and information as set forth in the SGZD Administrative Regulations.
(2)
The proposed Development Project as described in the application meets all of the requirements and standards set forth in this Section 181.84, applicable Design Standards and the SGZD Administrative Regulations, or a waiver has been granted there from, and shall also include written confirmation by the monitoring agent that all affordable housing requirements have been satisfied.
(3)
Any extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.
C.
Criteria for Conditional Approval.
(1)
The Approving Authority may impose conditions on a Development Project as necessary to ensure compliance with this Section 181.84 and applicable Design Standards, or to mitigate any extraordinary adverse impacts of the project on nearby properties, insofar as such conditions are compliant with the provisions of MGL c. 40R and applicable regulations and do not unduly restrict opportunities for development.
(2)
The Approving Authority may require construction of an approved Development Project to be phased for the purpose of coordinating the Development Project with any mitigation required to address extraordinary adverse project impacts on nearby properties.
D.
Criteria for Plan Denial. A Plan Approval application may be disapproved only where the Planning Board finds that:
(1)
The Applicant has not submitted the required fees and information as set forth in the SGZD Administrative Regulations; or
(2)
The Project as described in the application does not meet all the requirements and standards set forth in this Section 181.84, applicable Design Standards and the SGZD Administrative Regulations, or that a required waiver there from has not been granted; or
(3)
It is not possible to adequately mitigate significant project impacts on nearby properties by means of suitable conditions.
E.
Waivers. Upon request of the Applicant, the Planning Board may waive dimensional and other requirements, including Design Standards, with conditions, 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 SGZD and the Fitchburg Master Plan, and if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this section. Notwithstanding anything to the contrary in this Section 181.84 or this chapter of Fitchburg Code, the Affordable Housing provisions that comprise Section 181.8418 shall not be waived without the express written approval of EOHLC. The Planning Board will also take into consideration the following items when considering a waiver:
(1)
High performance, energy efficient buildings and construction methods;
(2)
Projects with publicly accessible open space;
(3)
Projects that include retail and restaurants located on street level;
(4)
A demonstrated shared parking initiative that makes efficient use of land and existing parking supply;
(5)
The preservation or rehabilitation of historic properties or other buildings considered significant to the City; and/or
F.
Plan Changes After Approval by Planning Board.
(1)
Minor Plan Changes. After Plan Approval, an Applicant may apply to make minor changes in a Development Project that do not affect the overall build out or building envelope of the site, or provision of open space, number of housing units, or housing need or Affordable Housing features. Such minor changes must be submitted to the Planning Board on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Planning Board. The Planning Board may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Planning Board shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the Applicant for filing with the City Clerk.
(2)
Major Plan Changes. Those changes deemed by the Planning Board to constitute a major change in a Development 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 Planning Board as a new application for Plan Approval pursuant to this section.
G.
Fair Housing Requirement. All Development Projects within the SGZD shall comply with applicable federal, state and local fair housing laws.
H.
Project Phasing. The Planning Board may allow a project to be phased at the request of the Applicant or to mitigate any extraordinary adverse impacts on nearby properties and provided that the submission shows the full build-out of the project and all associated impacts as of the completion of the final phase and subject to approval of the Planning Board. For projects that are approved and developed in phases, the proportion of Affordable Units shall be no less than the minimum percentage required for the project as a whole under Section 181.8418(b).
I.
Decisions.
(1)
The Planning Board 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 City Clerk. If 20 days have elapsed after the decision has been filed with the City Clerk without an appeal having been filed, or if such appeal having been filed is dismissed or denied, or if a plan is approved by reason of the failure of the Planning Board to timely act, the City Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the Registry of Deeds.
(2)
A Plan Approval shall be issued to a specific applicant and is not transferable to new ownership without the Plan Approving Authority's review and approval. Plan Approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. A Plan Approval may, for good cause, be extended in writing by a majority vote of the Plan Approving Authority for one or more terms not exceeding two years each, upon the written request of the applicant.
(3)
Approved Development Projects shall be substantially complete within seven years of the effective date of approval, unless the Approving Authority has granted an extension.
(4)
The Planning Board may require the posting of a performance bond to secure and/or screen a Development Project site in the event that demolition is undertaken but subsequent work lapses, for any reason within or outside the Applicant's control, for a period longer than one year.
J.
Date of Effect. The effective date of this Section 181.84, as amended July 18, 2019, shall be the date on which such adoption is voted upon by City Council pursuant to the requirements of Section 5 of Chapter 40A of the General Laws and Chapter 40R of the General Laws; provided, however, that the Approving Authority may not issue a Plan Approval decision pursuant to this Section 181.84 prior to the receipt of conditional or final approval of this Section 181.84 and accompanying Zoning Map by the Executive Office of Livable Communities.
K.
Severability. If any provision of this section is found to be invalid by a court of competent jurisdiction, the remainder of this section shall not be affected but remain in full force. The invalidity of any provision of this section shall not affect the validity of the remainder of this chapter.
L.
Design Standards. The Planning Board may adopt and amend, by simple majority vote, Smart Growth Design Standards which shall be applicable to all Projects in Section 181.84. Such Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. EOHLC may, at its discretion, require Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
(1)
Before adopting any Design Standard, the Planning Board shall submit the proposed Design Standard to EOHLC for approval. Any amendment to the Design Standards shall not take effect until approved by EOHLC and filed with the City Clerk.
(2)
An application for Plan Approval that has been submitted to the City Clerk pursuant to this section shall not be subject to any Design Standard that has not been approved by EOHLC.
181.844 Establishment and Delineation of the Smart Growth Zoning Districts.
[Amended 12-3-2024 by Ord. No. 200-2024]
181.8441.
West Smart Growth Zoning District (WSGZD). The West Smart Growth Zoning District consists of the parcels shown in the Zoning Map of the City of Fitchburg.
A.
Establishment and Delineation of the WSGZD. The WSGZD is an overlay district that is superimposed over the underlying district. The boundaries are delineated as the "West Smart Growth Zoning District" on the Official Zoning Map of the City of Fitchburg on file in the office of the City Clerk, said map hereby made a part of this chapter.
B.
Allowed and Prohibited Uses. Any Use not listed herein as an Allowed Use is deemed prohibited.
(1)
C.
Dimensional and Other Requirements. Applications for Plan Approval shall be governed by this Section 181.84 and the WSGZD Design Standards. For new construction:
Dimensional Requirement | |
|---|---|
Maximum building height | 55 feet |
Minimum lot frontage | 20 feet |
Minimum front setback | 0 feet |
Maximum front setback | 10 feet |
Interior setback (between buildings on same lot) | 15 feet |
(1)
Residential Density Allowances. The minimum multifamily residential density shall be 20 units per acre and the maximum multifamily residential density shall be 40 units per acre for all lots and all buildings.
(2)
Contiguous Lots. In the WSGZD, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage; parking requirements; minimum useable open space; and Dwelling Units per acre.
(3)
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
181.845 Downtown Smart Growth Zoning District (DSGZD).
A.
Establishment and Delineation of the DSGZD. The DSGZD is an overlay district that is superimposed over the underlying district. The boundaries are delineated as the "Downtown Smart Growth Zoning District" on the Official Zoning Map of the City of Fitchburg on file in the office of the City Clerk, said map hereby made a part of this chapter.
B.
Allowed and Prohibited Uses. any use not listed herein as an allowed use is deemed prohibited.
C.
Allowed Uses. The following uses shall be permitted As-of-Right in the DSGZD upon Plan Approval pursuant to the provisions of this Section 181.84:
(1)
Multifamily Dwelling.
(2)
(3)
In addition to the allowed uses listed above, the following uses are permitted As-of-Right for Development Projects within the DSGZD subject to the requirements of this Section 181.84:
D.
Dimensional and Other Requirements. Applications for Plan Approval shall be governed by this Section 181.84 and the SGZD Design Standards. For new construction:
Dimensional Requirement | |
|---|---|
Maximum building height | 70 feet |
Minimum lot frontage | 20 feet |
Minimum front setback | 0 feet |
Maximum front setback | 10 feet |
Interior setback (between buildings on same lot) | 15 feet |
(1)
Residential Density Allowances. The minimum multifamily residential density shall be 20 units per acre and the maximum multifamily residential density shall be 50 units per acre for all lots and all buildings.
(2)
Contiguous Lots. In the DSGZD, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage; parking requirements; minimum useable open space; and Dwelling Units per acre.
(3)
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
(4)
Existing Buildings. Notwithstanding anything to the contrary herein, a building existing as of the date of adoption of this SGZD which does not comply with the dimensional requirements described in Section 181.845.D above shall be deemed compliant with the setback and/or height requirements exiting as of the date of adoption of this SGZD above, provided that the project does not propose any increase in building footprint or building height.
181.851 Purpose.
The purposes of the Floodplain Protection Overlay District are to ensure public safety through reducing the threats to life and personal injury; eliminate new hazards to emergency response officials; prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; avoid the loss of utility services; eliminate costs associated with the response and cleanup of flooding conditions; reduce damage to public and private property resulting from flooding waters.
181.852 General.
The Floodplain Protection Overlay District (FPOD) shall be in all portions of the City as indicated on the Flood Insurance Rate Maps as the Floodplain District. The City's permit review process includes the requirement that the proponent obtain 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 a list demonstrating that all necessary permits have been acquired. The Building Commissioner is the designed Floodplain Administrator (FPA) and shall maintain the maps and records and administer, interpret and enforce the provisions of this section. Where there is a conflict between a mapped boundary and actual field conditions, the Building Commissioner shall determine the boundaries of the Floodplain District.
181.853 Overlay District.
The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas designated on the City's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated September 18, 1991. These maps indicate the 1% chance regulatory floodplain. The exact boundaries of the district shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated September 18, 1991. The effective FIRM, FBFM, and FIS report are incorporated herein by reference and are on file with the City Clerk, Department of Community Development and Planning, and Building Commissioner.
181.854 Definitions.
A volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the 100-year-flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream or creek.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (44 CFR Part 59.)
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. (44 CFR Part 59.)
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Base Code, Chapter 2, Section 202.)
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (44 CFR Part 59.) Also (Referenced Standard ASCE 24-14).
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (44 CFR Part 59.)
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. (Referenced Standard ASCE 24-14.)
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(44 CFR Part 59.) |
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. (Base Code, Chapter 2, Section 202.)
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Base Code, Chapter 2, Section 202.)
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. (44 CFR Part 59.)
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR, as amended by MA in 9th Edition BC.
A grant of relief by a community from the terms of a flood plain management regulation. (44 CFR Part 59.)
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. (44 CFR Part 59.)
181.855 Changes in Base Flood Elevation.
If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City 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 St., 6th Floor Boston, MA 02110 |
And copy of notification to: |
Massachusetts NFIP State Coordinator MA Dept. of Conservation & Recreation 251 Causeway Street Boston, MA 02114 |
181.856 Development Regulations.
The degree of flood protection required by this chapter is considered reasonable but does not imply total flood protection. The following requirements apply in the FPOD:
181.8561.
Within Zone A1-A30, all residential and nonresidential construction and substantial improvements shall comply with the following:
A.
Provisions of the Massachusetts State Building Code which address floodplain areas (currently 780 CMR 3107.0, Flood Resistant Construction).
B.
Wetlands Protection Regulations (currently 310 CMR 10.00).
C.
Minimum requirement for the subsurface disposal of sanitary sewage (currently 310 CMR 15, Title V).
181.8562.
Any variances 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.
181.8563.
Permits are required for all proposed development in the Floodplain Overlay District. The City of Fitchburg 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.
181.8564.
In the floodway designated on the Flood Boundary and Floodway Map the following provisions shall apply:
A.
All encroachment, including fill, new construction, substantial improvements to existing structures and other development and all other development is prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B.
Floodway encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Any encroachment meeting the above standard shall comply with the floodplain requirements of the Massachusetts State Building Code.
C.
The placement of mobile homes, except in an existing mobile home park or mobile home subdivision, is prohibited in the floodway.
D.
Subdivision and development proposals shall be reviewed to assure that such proposals minimize flood damage, adequate drainage is provided, and that public utilities and facilities are located and constructed so as to minimize flood damage.
E.
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.
F.
In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
Bordering States, if affected.
(3)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor
Boston, MA 02114
(4)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
G.
Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within bordering land subject to flooding when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of floodwaters during peak flows.
181.8565.
Within Zone A1-A30, all mobile homes shall comply with the provisions of the Massachusetts State Building Code in addition to providing that:
A.
Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home and its associated utilities will be at or above the base flood level;
B.
Adequate surface drainage and access for a hauler are provided; and
C.
In the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart and reinforcement is provided for piers more than six feet above ground level.
181.8566.
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.
181.8567.
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
181.8568.
In A1-30, AH, and AE 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.
181.857 Floodplain District Variance.
The Board of Appeals may vary the requirements of this section (other than the provisions of the state regulations referenced above) upon the issuance of a variance. Variances may be issued for new construction and substantial improvements on lots 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. Variances for larger lots shall require increased technical justification. The Board of Appeals may grant such variance after considering the following:
181.8571.
A showing of good and sufficient cause;
181.8572.
A determination that failure to grant the variance would result in (nonfinancial) hardship to the applicant;
181.8573.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; and
181.8574.
A determination that the variance is the minimum necessary, considering the flood hazards, to afford relief.
181.858 Variance Conditions.
181.8581.
A variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
181.8582.
If a variance outside of the floodway is granted, the Board of Appeals shall notify the applicant, in writing over its signature, that:
A.
The issuance of such variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.
B.
Such construction below the base flood level increases risks to life and property.
C.
The Board of Appeals will maintain a record of all variance actions, including justification for their issuance.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or on the State Inventory of Historic Places, without regard to the procedures set forth above, provided that documentation is included to show that the structure is indeed a verifiable historic structure, per NFIP regulations.
181.859 Abrogation and Severability.
A.
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
B.
If any section, provision or portion of this chapter is deemed to be unconstitutional or invalid by a court, the remainder of this chapter shall be effective.