Framingham City Zoning Code
ARTICLE III
Overlay Districts
§ 435-17 Floodplain districts.
A.
Establishment of districts. The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within Framingham designated as Zone A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The map panels of the Middlesex County FIRM that are wholly or partially within Framingham are panel numbers 25017C0501F, 25017C0502F, 25017C0503F, 25017C0504F, 25017C0506F, 25017C0508F, 25017C0509F, 25017C0511F, 25017C0512F, 25017C0514F, 25017C0516F, 25017C0517F, 25017C0518F, and 25017C0519F, dated July 7, 2014. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 7, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the City Clerk, Department of Public Works, Inspectional Services Division, the Division of Planning and Community Development, and Conservation Commission.
B.
Applicability.
(1)
All proposed development in a Floodplain District shall require a permit from the Building Commissioner.
(2)
In addition to a permit from the Building Commissioner, any construction, enlargement, extension, or substantial improvement of a new or existing building for human habitation, normally allowed by right or authorized by special permit in a land area underlying a Floodplain District, shall require a special permit from the Zoning Board of Appeals (ZBA).
(3)
In the regulatory floodway, any development or encroachment, including fill, which would result in any increase in flood levels during the base flood shall be prohibited. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(4)
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones. All subdivision proposals must be designed to assure that:
C.
Application procedure. Prior to the filing of an application subject to this section, the applicant shall submit plans to the Building Commissioner. The Commissioner shall advise the applicant as to the pertinent sections of this chapter and the State Building Code, 780 CMR. If a special permit is required, the applicant shall then submit seven copies of the application to the ZBA, who shall forthwith transmit one copy each to the City Clerk, the Conservation Commission, the Board of Health, the Department of Public Works, the Division of Planning and Community Development, and the Planning Board. Such agencies shall, within 30 days of receiving said copy, submit a report containing recommendations and the reasons therefor to the ZBA, and may prescribe conditions deemed appropriate for the proposed use. The ZBA shall not render a decision on any such application until said recommendations have been received and considered, or until the thirty-day period has expired, whichever is earlier. Failure of such agencies to submit their respective recommendations shall be deemed concurrence thereto. To assist the ZBA in rendering its decision on the application, said application shall indicate at least the following:
(1)
All information normally required in a building permit application.
(2)
If approval for development must be obtained from the Commonwealth of Massachusetts or the United States government or any agency or subdivision thereof, such approval shall be obtained, and a copy of the document setting forth such approval, and any conditions imposed thereon, shall be filed with the ZBA as part of this application.
(3)
The boundary of the special flood hazard area and the regulatory floodway shall be drawn on a plan of the site, which shall also include contour lines at a maximum of two-foot intervals. Base flood elevation on this site plan shall be certified by a registered professional engineer, architect, or surveyor. In unnumbered A Zones, base flood elevation data from sources other than the FIRM shall be obtained and reasonably utilized.
(4)
Location of existing and proposed sewer disposal facilities, leaching fields, and other utilities.
(5)
For any building to be occupied as a residence, certification by a registered professional engineer, architect, or surveyor that the proposed structure has been planned and designed to have the lowest floor, including the basement, elevated above the level of the base flood.
(6)
For any building not to be occupied as a residence, either certification as above that the lowest floor will be elevated above the level of the base flood, or certification by a registered professional engineer or architect that the building is planned and designed so that it will be watertight and anchored to resist forces associated with the base flood.
(7)
Other information as may reasonably be required by the ZBA to ensure compliance with the provisions of this section.
D.
Conditions for approval. In rendering its decision, the ZBA shall evaluate the extent to which the application meets the following conditions:
(1)
All other necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
(2)
New construction (including prefabricated buildings and mobile homes) and substantial improvements will be anchored to prevent flotation and lateral movement, and will be constructed with flood-resistant materials and methods.
(3)
Proposed development, including utilities, drainage, and paved areas, is located and designed to be consistent with the need to minimize flood damage.
(4)
The site plan includes all required information, including base flood elevation data.
(5)
New water and sewer systems (including on-site systems) are located and designed to minimize infiltration.
(6)
New and substantially improved residential buildings have been planned and designed to have the lowest floor (including basement) elevated to or above the base flood level.
(7)
New and substantially improved nonresidential buildings have been planned and designed to have the lowest floor (including basement) elevated to or above the base flood level or be floodproofed to or above that level.
(8)
Where floodproofing is used in lieu of elevation, the floodproofing methods used are adequate to withstand the forces associated with the base flood.
(9)
Proposed development will not encroach on the regulatory floodway.
E.
Certificate of occupancy. No building newly constructed or substantially improved within a Floodplain District shall be occupied or used without a certificate of occupancy signed by the Building Commissioner, which permit shall not be issued until the development complies in all respects with the site plan approved by the ZBA and any conditions imposed by the ZBA on the granting of a special permit for development in a Floodplain District. No certificate of occupancy shall be signed by the Building Commissioner until a post-construction elevation certificate/floodproofing certificate has been submitted, certifying that the building has been elevated above the level of the base flood or, for nonresidential buildings, that the building has been floodproofed at least to the base flood elevation. In cases where a variance has been granted by the ZBA permitting construction below the base flood level and/or without adequate floodproofing, a certificate of occupancy may be granted in accordance with the conditions imposed by the ZBA on the granting of a variance.
F.
Notification of watercourse alteration. In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse:
§ 435-18 Planned Unit Development District.
A.
Purpose and intent.
(1)
The purpose and intent of a Planned Unit Development (PUD) District is to allow by special permit from the Planning Board an alternative use and pattern of land development for large tracts of land zoned for manufacturing, light manufacturing or business, by allowing single-family and multifamily clustered residential development and other uses as permitted in this section while encouraging the conservation of significant open space in the district and providing affordable housing opportunity, all in conformance with the provisions of MGL c. 40A, § 9. The PUD is a flexible zoning tool designed to meet the following public objectives:
(a)
To preserve significant areas of open space in perpetuity;
(b)
To encourage housing and land development which is harmonious with natural features and the environment;
(c)
To encourage a variety of housing types, sizes, characteristics, and price ranges;
(d)
To provide affordable housing to meet the housing needs of persons of low and moderate income;
(e)
To allow a limited neighborhood commercial area for the convenience of residents within the PUD District;
(f)
To provide recreational facilities within the district;
(g)
To promote more efficient uses of land and to preserve and protect natural resources such as wetland areas, woodlands, fields, natural habitats, significant vegetation, water bodies, and water supplies; and
(h)
To preserve sites and structures of historical importance.
(2)
In the PUD, dwelling units should be constructed in appropriate clusters which are harmonious with neighborhood development and will not detract from the ecological and visual qualities of the environment. The overall site design and amenities should enhance the quality of living for the residents of the development and the City generally. Attention shall be given by the Planning Board as to whether the proposed site design, development layout, number, type and design of housing constitutes a suitable development for the neighborhood within which it is to be located.
B.
Applicability. The Planned Unit Development District is an overlay district that may be superimposed upon a parcel or contiguous parcels of land having an area of at least 50 acres and located within a "M" General Manufacturing, "B" Business, or "M-1" Light Manufacturing District by a vote of at least 2/3 of the City Council. The area to be included within the PUD District may include strips of land not to exceed 100 feet in width through any zoning district solely for the purpose of providing access to the parcel from public streets. Any roadway within said access strip shall include suitable plantings or materials to provide a visual buffer between the road and adjacent uses. If City Council votes to place such a parcel of land in an overlay PUD District, the applicant thereof may file an application for a special permit with the SPGA in accordance with the requirements of § 435-18I of this chapter. The application for a PUD special permit shall include the entire parcel or parcels placed into the PUD District by vote of the City Council. The SPGA shall not accept applications for a special permit under this section which do not include the entire parcel or parcels of land designated as a PUD District. In the event a PUD special permit is issued pursuant to this section and the rights granted pursuant thereto are exercised by the owner/applicant, no land included within said district may be removed from the provisions of this section and used in accordance with the underlying zoning district.
C.
Definitions.
(1) AFFORDABLE HOUSING UNIT APPLICANT CONGREGATE HOUSING DEVELOPABLE LAND FLOOR AREA RATIO HOUSING UNIT LONG-TERM HEALTH CARE CENTER NEIGHBORHOOD COMMERCIAL USES
Terms defined. For the purpose of this PUD section, the following terms shall have the meanings given in the following clauses:
A housing unit offered for either sale or rental at such terms, conditions and restrictions so as to be qualified as affordable to persons or families of low or moderate income by the Executive Office of Housing and Economic Development of the Commonwealth of Massachusetts (EOHED). Said units shall be offered for sale or rental by or through one or more of the following: a program administered by the EOHED, the Framingham Housing Authority, a nonprofit land trust or limited dividend entity; each such affordable housing unit shall be governed by adequate and enforceable deed restrictions or other agreements acceptable to the Planning Board, ensuring the continuing affordability of the unit. Affordable housing units shall be compatible with and nearly indistinguishable from the exterior appearance of the market-rate units in the PUD District and should be located throughout the PUD District.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the planned development site proposed, or have authority from the owner(s) to act for them or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site within a period of 60 days from the time that the applicant shall notify the owner(s).
Housing units designed for elderly occupants in a facility which permits persons who do not require constant supervision or intensive health care as provided by an institution to maintain a semi-independent lifestyle while providing services such as common dining facilities, a nursing staff, and other services and amenities as needed. Each such housing unit may provide one or more bedrooms and may have a separate living room, kitchen, dining area and bathroom. The total number of congregate housing units within the PUD District shall not exceed 25% of the total allowable housing units within the PUD District.
As used in this section, the "floor area ratio" is the ratio of the gross floor area of all buildings within the PUD District to the area of developable land within the PUD District; provided, however, that the gross floor area of garages, attics and basements which are not designed to be used or occupied as living areas shall be excluded.
A room, group of rooms, or dwelling forming a habitable unit for one family with facilities for living, sleeping, cooking and eating, and which is directly accessible from the outside or through a common hall without passing through any other dwelling unit.
A nursing home or similar geriatric health care facility accessory to and operated in conjunction with congregate housing for the elderly within the PUD District. The number of beds contained within said facility shall not exceed 25% of the total number of congregate housing units within the PUD District.
Commercial uses intended for the primary use and convenience of the residents within the PUD District, including retail sales and services (except automotive sales or services which are not permitted); restaurants (except drive-through or takeout window service which is not permitted); branch banks and financial services; business and professional offices; personal services and day-care centers.
(2)
Terms not defined. Any terms not defined in this section but defined elsewhere in this chapter or in the State Building Code or in Massachusetts General Laws shall have the meanings given therein to the extent the same are not inconsistent with this section.
D.
Basic requirements.
(1)
Notwithstanding anything contained in this section to the contrary, no building permit shall be issued for, and no person shall undertake, any use or improvement in a PUD District unless an application for a special permit has been prepared for the proposed development in accordance with the requirements of this section, and unless such special permit has been approved by the SPGA. The SPGA for a special permit granted under this section shall be the Planning Board.
(2)
No certificate of occupancy shall be granted by the Building Commissioner until the Planning Board has given its approval that the development or any phase thereof and any associated off-site improvements conform to the approved application for a special permit under this section, including any conditions imposed by the Planning Board. No temporary certificates of occupancy shall be granted under this PUD District section.
(3)
If a PUD special permit is not applied for within three years of a City Council vote to create a PUD overlay zone for a parcel of land, such land shall, after said three years, not be eligible for a PUD special permit. The City Council may, by two-thirds vote, extend this time limit.
E.
Permitted uses. No building or structure shall be constructed, used or arranged or designed to be used in any part and no change shall be made in the use of land or premises except for one or more of the following purposes:
(1)
Single-family detached and attached residences, multifamily residential buildings and congregate housing for the elderly, including a long-term health care facility associated therewith. Not less than 10% of all such housing units, including units for both sale and rental, shall qualify as affordable housing as said term is defined in § 435-18C of this chapter. Each phase of the development shall have approximately 10% of its units qualify as affordable, and said affordable units shall be dispersed throughout the development and in various housing types. Not more than 20% of the housing units within the PUD District, exclusive of any congregate housing units for the elderly and affordable housing units, shall be rental units. The remainder of the units shall be owner-occupied.
(2)
Neighborhood commercial uses intended for the primary use and convenience of the residents within the PUD District as defined in § 435-18C of this chapter. As a general rule, such establishment shall not occupy more than 2,500 square feet and shall be subject to reasonable restrictions and conditions relating to size and hours of operation imposed by the Planning Board. The Planning Board may refuse to authorize a commercial use which in its judgment is inappropriate for location within the PUD District. The Planning Board may permit larger neighborhood commercial establishments, up to a limit of 4,000 square feet, based on a clear demonstration by the applicant and a finding by the Planning Board that such larger size meets the needs of the residents in the PUD District.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(3)
Recreational facilities intended for the primary use and convenience of the residents thereof, such as swimming pools, exercise facilities, tennis courts and athletic fields (but not including driving ranges, miniature golf, or commercial amusement parks, which are not permitted).
F.
Dimensional and area regulations.
(1)
Applicability. The dimensional and area regulations set forth in this section shall apply to the total area of developable land within the PUD District and shall not regulate individual lots therein.
(2)
Maximum allowable density. The total number of residential housing units shall not exceed seven per acre of developable land within the PUD District. For purposes of this density calculation, every two bedrooms within a congregate housing facility as defined in § 435-18C this chapter shall be counted as one residential housing unit. Notwithstanding the aforesaid density limitations, the Planning Board may reduce the maximum allowable density within a PUD District; provided, however, that any such reduction be limited to that which is reasonably necessary to satisfy the objectives of a PUD District as defined herein. The Planning Board may also take into consideration the density of development on land surrounding the PUD District and the presence, or lack thereof, of undevelopable land and open space contained within and abutting the PUD District.
(3)
Floor area ratio requirement. The ratio of the gross floor area of all buildings, residential and commercial, within the PUD District to the total area of developable land within the district shall not exceed 32% (0.32).
(4)
Ground coverage requirement.
(a)
The ground coverage of all residential and commercial buildings and parking lots and impervious landscaping within the PUD District shall not exceed 40% of the total area of developable land within the district. The ground coverage of all roadway areas and associated sidewalks shall be excluded from this requirement.
(b)
The ground coverage of all land and buildings used for commercial purposes, including associated parking lots, loading areas and impervious landscaping, within the PUD District shall not exceed 2% of the developable land area of the district.
(5)
Setback requirements. Setbacks within PUD Districts shall conform to the following requirements; provided, however, that the Planning Board may reduce the setback requirements or may require greater setbacks to provide additional buffers to residences abutting the PUD District or to enhance the aesthetic appearance or planning objectives of this project.
(a)
Setbacks abutting other districts. All structures within a PUD District shall have a minimum setback requirement of 50 feet from the PUD District boundary line.
(b)
Front setback requirements. All structures within a PUD District shall have a minimum setback from any front lot line or any street line of 30 feet.
(c)
Separation of buildings. All buildings within the PUD District shall have a setback of at least 30 feet from any other building therein. The required setback for any building which exceeds 40 feet in height shall be equal to the height of that building.
(6)
Maximum height requirement. The maximum height of any building in a PUD District shall not exceed three stories or 40 feet except for accessory structures or appurtenances normally built above the roof level and necessary for the operation of the building or use. Such structures shall not be intended for human occupancy and shall be erected only to serve the purpose for which they are intended. Except for chimneys and penthouses for stairways and mechanical installations, no such accessory structure or appurtenance shall exceed a height of 40 feet from the average grade.
(7)
Solar orientation of buildings. Spacing of buildings and landscaping, wherever possible and practical, shall be oriented to optimize solar exposure for buildings within the PUD District.
G.
Open land requirements.
(1)
Basic requirement. Open space shall be provided in a PUD District in accordance with the requirements of this section.
(2)
Public open space. Significant areas of land within the PUD District which are not developable and are classified as wetlands in accordance with the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and the regulations of the Department of Environmental Protection (DEP) promulgated thereunder, including the wildlife protection regulations, shall be designated as "public open space." Said areas shall be preserved as open space in perpetuity and either conveyed to the Framingham Conservation Commission, or to a nonprofit organization whose principal purpose is the conservation of open space, or shall be protected by means of a conservation restriction imposed on the land pursuant to MGL c. 184, § 31.
(3)
Common open space.
(a)
A minimum of 25% of the total developable land within the PUD District, exclusive of land set aside for streets within the district, shall be designated "common open space". Common open space shall include all developable land not dedicated to roads, parking areas, buildings and structures. At least 50% of the required common open space shall be suitable for passive or active recreational use by residents of the PUD District. Common open space may be used for recreational facilities, as delineated in § 435-18E(3); and for passive open space and buffer areas. Common open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by residents of the PUD District and, where possible, be located such that significant areas of continuous open space are distributed throughout the PUD District. There shall also be significant areas of common open space near areas containing high concentrations of housing units.
(b)
The approximate location of major areas of public open space and common open space shall be identified as part of the preliminary development plan. The granting of a special permit for this plan shall include as a condition that the large areas of open space identified on the preliminary development plan be preserved approximately as shown, with the understanding that the precise definition of such open space might be altered with the submittal and approval of definitive development plans.
(4)
Ownership of common open space; restrictions thereon.
(a)
The required open land shall be conveyed to a nonprofit corporation or trust comprising a condominium or homeowners' association. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex South District Registry of Deeds a declaration of covenants and restrictions which shall, at a minimum, provide for the following:
[1]
Mandatory membership in an established association, as a requirement of ownership of any condominium unit, rental unit, building or lot in the tract.
[2]
Provisions for maintenance assessments of the owners of all condominium units, rental units, buildings or lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by the association.
[3]
Provisions which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law.
[4]
Provisions for limited easements to significant areas of open space and natural resources for recreational use by residents of Framingham, and to provide linkages to open space of abutting properties.
(b)
The developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the association is capable of assuming said responsibility.
H.
Design standards, off-street parking and loading requirements.
(1)
Basic requirements. The project shall be designed and constructed in accordance with the subdivision design of Chapter 530, Subdivision of Land.
(2)
Off-street parking. Off-street parking facilities for structures and uses within a PUD District shall conform to all regulations and design standards set forth in § 435-24 of this chapter. In addition to the setback and landscaping requirements set forth in § 435-24, the Planning Board may require that any parking lot which contains more than 12 parking spaces be suitably screened by a landscaped area with trees which are of a type that may be expected to form a permanent screen.
(3)
Off-street loading. Off-street loading facilities for structures and uses within a PUD District shall conform to all regulations and design standards set forth in § 435-25 of this chapter.
(4)
Garages. The construction of individual garages attached to or within housing units is encouraged where feasible, taking into consideration the topography, layout, type, architectural design and price of the unit.
I.
Special permit applications and review procedure.
(1)
It is the intent of this section to allow for phased construction of buildings and improvements within a planned unit development district over a period of years, and to permit the phased submittal of certain plans and information. The special permit application, review and approval process provides for filing of a preliminary development plan followed by one or more definitive development plans, together with the reports and information required by § 435-18I of this chapter.
(2)
The applicant shall submit to the Planning Board a letter of intent to apply for a special permit for a planned unit development. The Planning Board shall set up a preapplication conference with department heads within the Technical Review Team (TRT). The preapplication conference allows the applicant the opportunity to present to City officials a description of the proposed project with a sketch plan of the entire tract, and to receive comments regarding important areas of concern to be addressed in the planning process for the development.
(3)
The applicant shall file with the Planning Board 10 copies of the application for a PUD special permit, a preliminary development plan and, at the option of the applicant, one or more definitive development plans for the initial phases of the development, conforming to the requirements of § 435-18J. The application shall be accompanied by the required filing fee as established by the Planning Board. One copy of the application shall be filed simultaneously with the City Clerk. The Planning Board shall immediately review the applications for completeness and shall, within 14 days, notify the applicant if it finds the application to be incomplete. Failure of the applicant to complete the application within 14 days of Planning Board notice will result in disapproval of the special permit without prejudice.
(4)
Upon receiving a completed application as set forth above, the Planning Board shall forthwith transmit one copy each to the TRT for review and comment.
(5)
Such agencies shall, within 35 days of receiving said copy, report to the Planning Board on the adequacy of the data and the methodology used by the applicant to determine the impacts of the proposed development and the effects of the projected impacts of the proposed development. Said agencies may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such agency to report within the allotted time shall constitute approval by the agency of the adequacy of the submittal and also that, in the opinion of that agency, the proposed project will cause no adverse impact. If reasonably necessary to properly evaluate the proposal, the Planning Board may require additional reports or studies to be performed by an outside consultant and to be paid for by the applicant. If necessary, the Planning Board shall request the written consent of the applicant to extend the time allowed to hold a public hearing or take action on the application.
(6)
The Planning Board shall not render a decision on said application until it has received and considered all reports requested from City departments and boards, or until the thirty-five-day period has expired, whichever is earlier. Where circumstances are such that the thirty-five-day period is insufficient to conduct an adequate review, the Planning Board may, at the written request of the applicant, extend such period.
(7)
The Planning Board shall hold a public hearing on any properly completed application within 65 days of filing of a complete application, shall properly serve notice of such hearing, and shall render its decision within 90 days of the close of said hearing. The hearing and notice requirements set forth herein shall comply with the requirements of MGL c. 40A, §§ 9 and 11. All costs of the notice requirements shall be at the expense of the applicant.
(8)
Design Review Committee.
(a)
Within 30 days of receiving a letter of intent to apply for a special permit for a planned unit development, the Planning Board shall appoint an ad hoc Design Review Committee after consideration of recommendations for membership from the Planning Board Administrator. The Design Review Committee shall consist of seven residents of the City and whenever possible shall be composed as follows:
[1]
Two residents of the general area surrounding the proposed PUD;
[2]
A land use planner or similar consultant;
[3]
An architect or similar consultant;
[4]
A landscape architect or similar consultant;
[5]
A civil engineer or similar consultant; and
[6]
The City Councilor of the neighborhood district in which the land is located.
(b)
No Design Review Committee member may have a financial interest of any kind in the PUD. At the direction of the Planning Board, the Committee shall meet with the applicant and the applicant's consultants to discuss and review the land planning and architectural features of the proposed development, including site layout, roadway system, location and design of recreational areas and open space, architectural design and groupings of buildings. During the special permit process, the Design Review Committee shall make recommendations and/or comments to the Planning Board. The Planning Board shall adopt rules and regulations governing the selection process of Committee members and its function in the hearing and review process in accordance with this section.
(9)
In reviewing the impacts of a proposed planned unit development, the Planning Board shall consider the information presented in the application for a PUD special permit, including all items specified in § 435-18J, all reports of the TRT submitted to the Planning Board pursuant to § 435-18I(5); reports, comments or recommendations of the ad hoc Design Review Committee, and any additional information available to the Planning Board, submitted to the Planning Board by any person, official or agency, or acquired by the Planning Board on its own initiative or research.
(11)
A PUD special permit granted pursuant to this section shall establish and regulate the following as conditions for approval:
(a)
Location of all primary streets and ways within the development, including access to existing public ways, with the layout, design, construction and other relevant standards for such streets and ways to conform to Chapter 530, Subdivision of Land;
(b)
Locations of significant areas of public open space and common open space;
(c)
Boundaries of lots to be created within the development, if any;
(d)
Overall project density, including the distribution of housing units to avoid undue concentration of development, as well as maximum number of housing units that may be built within the development, including maximum number of building permits that may be issued within any twelve-month period;
(e)
Location and boundaries of each development phase;
(f)
Location of commercial establishments;
(g)
Development timetable;
(h)
Off-site traffic improvements and environmental mitigation measures, if any to be performed by the applicant, including timetables and procedures for implementation of the same;
(i)
Requirements for instruments to be executed by the owners of the land and recorded with the Registry of Deeds, or filed with the Registry District of the Land Court, as appropriate, waiving all rights to previously issued permits and approvals for commercial or industrial buildings and uses for the land, if any, and to future uses of the land which would be otherwise permitted by the zoning district in which it is located, except as specifically allowed by § 435-18 of this chapter.
(j)
Such other terms, conditions or restrictions as the Planning Board may deem appropriate.
J.
Contents and scope of application. An application for a PUD special permit under this section shall be prepared by qualified professionals, including a registered professional engineer registered in the Commonwealth of Massachusetts, a registered architect and a registered landscape architect, and shall include the following items and information:
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(1)
Preapplication conference submittal. The following materials are to be provided for the preapplication conference by the applicant:
(a)
An approximately scaled sketch plan of the entire tract which shows in schematic detail the location of proposed uses and major buildings, proposed development density, housing types, layout of roads by function, location of entrances, and layout of common and public open spaces. The sketch should be accompanied by a brief narrative that describes general design and architectural policies for the PUD, location and treatment of environmentally sensitive land located in the project tract, and the proposed time frame for phased development.
(2)
Preliminary development plan.
(a)
A legal description of the land, including ownership.
(b)
A narrative of the project, including a statement of planning objectives, size of the parcel, number of residential units proposed, proposed coverage and densities, amount of nonresidential construction proposed, recreational facilities planned for the development, construction schedule and a description of how the project satisfies the objectives of the PUD District section set out in § 435-18A of this chapter.
(c)
A plan to be entitled "Preliminary Site Plan of Planned Unit Development for (identity of project)" prepared at a scale of one inch equals 40 feet or such other scale as may be approved by the Planning Board, containing the following information: site boundaries and names of all abutters; site area; location of all primary streets and ways within the site, including access points to existing public ways; the proposed system of drainage, including adjacent existing natural water bodies; location of significant natural features and vegetation of the site, including wetland areas, water bodies and floodplain areas; boundary lines of existing and any proposed lots within the site; designation of each proposed phase of development; location of major recreational areas and open space; location of amenities such as swimming pools and tennis courts; and setting forth the total number of residential units to be constructed within the development.
(d)
A locus plan at a scale of one inch equals 100 feet, showing the entire development and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries, or such other distance as may be approved or required by the Planning Board.
(e)
A development impact statement prepared in accordance with the requirements of § 435-47D(1)(a) through (j) (site plan review) of this chapter, to be evaluated in accordance with the site plan review criteria of § 435-47F of this chapter, and subject to the requirements and conditions of § 435-47G and H of this chapter.
(3)
Definitive development plan. Each phase or subphase of a planned unit development shall require the filing and approval by the Planning Board of a definitive development plan prepared by qualified professionals, including a registered professional engineer registered in the Commonwealth of Massachusetts, a registered architect and a registered landscape architect, and shall include the following items and information:
(a)
A site plan at a scale of one inch equals 40 feet, or such other scale as may be approved by the Planning Board, containing all items and information normally required to be included in a site plan under § 435-47 and also indicating water service, sewer, waste disposal, and other public utilities on and adjacent to the site. For convenience and clarity, this information may be shown on one or more separate drawings.
(b)
A landscape plan at the same scale as the site plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements, including planting areas with size and type of stock for each shrub or tree.
(c)
An isometric line drawing (projection) at the same scale as the site plan, showing the entire project and its relation to existing areas, buildings and roads for a distance of 100 feet from the project boundaries.
(d)
Building elevation plans at a scale of 1/16 inch equals one foot or 1/8 inch equals one foot, showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades.
(e)
Condominium documents and/or other instruments to be reviewed and approved by the City Solicitor and which:
[1]
Adequately provide for and ensure the preservation and maintenance of public and common open space within each phase or subphase shown on the aforesaid site plans; and
[2]
Provide that no more than 20% of the housing units, exclusive of any congregate housing units for the elderly and affordable housing units, shall be rental units and that the remainder shall be owner-occupied.
K.
Relation to Subdivision Control Law. In the event the applicant seeks subdivision approval for streets and lots within the PUD District pursuant to the Subdivision Control Law (MGL c. 41, §§ 81K through 81GG), the applicant shall file an application for approval of definitive plan pursuant to Chapter 530, Subdivision of Land. In order to facilitate processing, the Planning Board shall consider said application simultaneously with the application for a PUD special permit and may adopt regulations establishing procedures for the simultaneous submission and consideration of the applications; provided, however, that nothing contained herein shall be deemed to require approval of streets and ways within a PUD District under the Subdivision Control Law. Any subdivision of land within the PUD District shall in no way diminish the effect of any conditions, agreements or covenants imposed or made as part of the grant of a PUD special permit.
L.
Administration.
(1)
The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this section, including additional regulations relating to the scope and format of reports required hereunder.
(2)
The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.
(3)
The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.
§ 435-19 Adult Uses Overlay District.
A.
Purpose and intent. This Adult Uses District section is enacted pursuant to MGL c. 40A, § 9A, to serve Framingham's compelling interests of preventing the clustering and concentration of adult entertainment enterprises as defined herein because of the deleterious effect on the character and values of adjacent areas.
B.
C.
Establishment of districts and relationship to underlying districts. The Adult Uses Overlay Districts are established as districts which overlay the underlying districts, so that any parcel of land lying in an Adult Uses Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this chapter.
D.
Permitted uses. All uses permissible and as regulated within the underlying district.
E.
Special permit uses. The following uses shall require a special permit from the Zoning Board of Appeals: adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment.
F.
Special permit standards for adult uses. No special permit may be granted by the Zoning Board of Appeals for an adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment unless the following conditions are satisfied:
(1)
Locational conditions. No adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment may be located less than 1,000 feet from a residential zoning district, school, library, church or other religious use, child care facility, park, playground, recreational areas where large numbers of minors regularly travel or congregate, or another adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment. The 1,000 feet distance shall be measured from all property lines of the proposed use.
(2)
Display conditions. No signs, graphics, pictures, publications, videotapes, movies, covers, or other implements, items, or advertising, that fall within the definition of adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment merchandise, or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of, any adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
G.
Any special permit granted under this section shall lapse within two years of the date of grant, not including the time required to pursue or await the termination of an appeal referred to in MGL c. 40A, § 17, if substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun within two years of the date of grant, except for good cause.
§ 435-20 Groundwater Protection District.
A.
Purpose of district. The purpose of this Groundwater Protection District is to:
(1)
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 of the City of Framingham;
(2)
Preserve and protect existing and potential sources of drinking water supplies;
(3)
Conserve the natural resources of the City; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Scope of authority. The Groundwater Protection District is an overlay district superimposed on other zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities/uses in a portion of any of the underlying zoning districts that fall within the Groundwater Protection District must additionally comply with the requirements of this district. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.
C. AQUIFER GROUNDWATER PROTECTION DISTRICT HAZARDOUS MATERIAL IMPERVIOUS SURFACE LANDFILL LOW-IMPACT DEVELOPMENT (LID) NONSANITARY WASTEWATER OPEN DUMP POTENTIAL DRINKING WATER SOURCES RECHARGE AREAS SEPTAGE SLUDGE TREATMENT WORKS VERY SMALL QUANTITY GENERATOR WASTE OIL RETENTION FACILITY
Definitions. For the purposes of this section, the following terms are defined below:
Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
The zoning district defined to overlay other zoning districts in the City of Framingham. The Groundwater Protection District may include specifically designated recharge areas.
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 in the City of Framingham. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners in quantities greater than normal household use, and all substances defined as hazardous or toxic under MGL c. 21C and c. 21E and 310 CMR 30.00.
Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land, pursuant to 310 CMR 19.006.
A stormwater management system that integrates hydrologic controls into a site's design by replicating predevelopment conditions.
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) codes set forth in 310 CMR 15.004(5).
A facility that is operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), or the regulations and criteria for solid waste disposal.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
Areas that could provide significant potable water in the future.
Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include areas designated by Department of Environmental Protection (DEP) as Zone I, Zone II, or Zone III.
The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material which is a hazardous waste, pursuant to 310 CMR 30.00.
The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility.
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 hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Any public or private entity, other than residential, that produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations, retail outlets, and marinas that is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.
D.
Establishment and delineation of Groundwater Protection District. For the purposes of this district, there are hereby established within Framingham certain groundwater protection areas consisting of aquifers or recharge areas that are delineated on a map. This map is entitled Groundwater Protection District Map, City of Framingham. This map is hereby made a part of this chapter and is on file in the office of the City Clerk.
E.
District boundary disputes. If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board. Any application for a special permit for this purpose shall be accompanied by adequate documentation. The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the district boundary with respect to their parcel(s) of land is uncertain. At the request of the owner(s), the City of Framingham may engage a registered professional engineer registered within the Commonwealth of Massachusetts, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
F.
Permitted uses. The following uses are permitted within the Groundwater Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
(1)
Conservation of soil, water, plants, and wildlife;
(2)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(3)
Footpaths, bicycle and/or horse paths, and bridges;
(4)
Normal operation and maintenance of existing water bodies and dams, splashboards, and other water control, supply and conservation devices;
(8)
Construction, maintenance, repair, and enlargement of drinking water supply related facilities, such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
G.
Uses permitted by administrative approval. The following uses shall not require a special permit pursuant to § 435-20I of this chapter and are permitted within the Groundwater Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained, and further provided that the use has been approved by the Department of Public Works (DPW) Director or designee after review of plans and documentation deemed appropriate by the DPW Director.
(1)
Existing lots, either occupied, or proposed to be occupied, by single- or two-family residences and not subject to subdivision review provided that recharge shall be attained through site design that incorporates natural drainage patterns and vegetation in order to maintain predevelopment stormwater patterns and water quality to the maximum extent practicable.
H.
Prohibited uses. The following uses are prohibited within the Groundwater Protection District:
(4)
(5)
Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas;
(6)
Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products unless such storage is above ground level and on an impervious surface and either:
(a)
In a container(s) or aboveground tank(s) within a building; or
(b)
Outdoors in a covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater;
(8)
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(9)
Storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
(10)
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, swimming pools, roads, or utility works;
(11)
Discharge to the ground of non-sanitary wastewater, including industrial and commercial process wastewater, except:
(12)
Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district; and
I.
Uses and activities requiring a special permit.
(1)
The following uses and activities are permitted only upon the issuance of a special permit by the Planning Board under such conditions as it may require:
(a)
Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.
(b)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use permitted in the underlying zoning (except as prohibited under § 435-20H). Such activities shall require a special permit to prevent contamination of groundwater.
(c)
Any use, other than those permitted by administrative approval pursuant to § 435-20G of this chapter herein, in which more than 15% or 2,500 square feet of the lot coverage, whichever is greater, is rendered impervious. In such instances, a system for groundwater recharge must be provided that does not degrade groundwater quality. A stormwater management plan shall be developed that provides for the artificial recharge of precipitation to groundwater through site design incorporating natural drainage patterns and vegetation and through the use of constructed (stormwater) wetlands, wet (detention) ponds, water quality swales, sand filters, organic filters or similar site appropriate best management practices capable of removing nitrogen and other contaminants from stormwater and meeting the Stormwater Management Standards and technical guidance contained in the Massachusetts Department of Environmental Protection's Stormwater Management Handbook, Volumes 1 and 2, as may be amended from time to time, for the type of use proposed and the soil types present on the site. Such runoff shall not be discharged directly to rivers, streams, and other surface water bodies, wetlands or vernal pools. Dry wells shall be prohibited.
(2)
Except when used for roof runoff from nongalvanized roofs, all such wetlands, ponds, swales or other infiltration facilities shall be preceded by oil, grease and sediment traps or other best management practices to facilitate control of hazardous materials spills and removal of contamination and to avoid sedimentation of treatment and leaching facilities. All such artificial recharge systems shall be maintained in full working order by the owner(s) under the provisions of an operations and maintenance plan approved by the permitting authority to ensure that systems function as designed.
J.
Procedures for issuance of special permit.
(1)
The SPGA under this Groundwater Protection District section shall be the Planning Board. Such special permit shall be granted if the Planning Board determines, in conjunction with the Board of Health, the Conservation Commission, and Department of Public Works, that the intent of this section, as well as its specific criteria, are met. The Planning Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Planning Board's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The Planning Board shall document the basis for any departures from the recommendations of the other Framingham boards or agencies in its decision.
(2)
Upon receipt of the special permit application, the Planning Board shall transmit one copy to the Board of Health, the Conservation Commission, and Department of Public Works for their written recommendations. Failure to respond, in writing, within 35 days of receipt from the Planning Board shall be deemed lack of opposition thereto or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.
(3)
The Planning Board may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 435-20I of this chapter, and any regulations or guidelines adopted by the Planning Board. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District; and
(b)
Be designed to minimize disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
(4)
The Planning Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with Chapter 530, Subdivision of Land, as may be amended from time to time.
(5)
The applicant shall file 15 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Planning Board and be stamped by a professional engineer registered in the Commonwealth of Massachusetts. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;
(b)
For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:
[1]
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection;
[4]
Proposed down-gradient location(s) for groundwater monitoring well(s), should the Planning Board deem the activity a potential groundwater threat.
(6)
The Planning Board shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days of the filing of the application and after the review by various municipal boards, departments, and commissions. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties in interest" as defined in MGL c. 40A, § 11. The decision of the Planning Board and any extension, modification, or renewal thereof shall be filed with the Planning Board and City Clerk within 90 days following the close of the public hearing. Failure of the Planning Board to act within 90 days of the close of the public hearing shall be deemed as a granting of the permit.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
§ 435-21 Highway Overlay District regulations.
A.
Purpose and intent.
(1)
The purpose of the Highway Overlay District regulations section is to manage the intensity of development and the quality of design along major highway corridors so as to protect the public health, welfare and safety and to enhance the economic vitality of the area. In particular, the provisions set forth are designed to limit congestion, to preserve environmental qualities, to improve pedestrian and vehicular circulation, and to provide for mitigation of any adverse impacts resulting from increased development in a complex regional center. In addition to these purposes, the open space and landscaping provisions of this section are designed to foster development that is of high visual and aesthetic quality.
(2)
Furthermore, it is a specific purpose of this section to establish parallel and consistent zoning regulations for highway corridor areas which are shared by the municipalities of both Framingham and Town of Natick, in order to achieve a unified development character for such areas and to avoid substantive and procedural conflicts in the regulation and administration of land uses within such areas.
(3)
This section establishes a system whereby a development may attain a greater density than allowed by right, in return for providing public benefit amenities which compensate for one or more specific effects of increased density. These amenities may include traffic improvements (to accommodate increased traffic), pedestrian or transit improvements (to reduce traffic generation), creation of additional open space and public parks (to compensate for increased congestion and concentration of economic activities), provision of public assembly areas (to foster more balanced development and a sense of community).
B. BONUS BONUS PROJECT CHANGE IN USE DIVIDER ISLAND EXCESS PERVIOUS LANDSCAPING FLOOR AREA RATIO (FAR) LANDSCAPE SURFACE RATIO (LSR) MAJOR ALTERATION MINOR ALTERATION NONBONUS PROJECT OPEN SPACE PUBLIC BENEFIT AMENITY PARCEL PARK PEDESTRIAN BRIDGE PEDESTRIAN CIRCULATION IMPROVEMENT PEDESTRIAN TUNNEL PERVIOUS LANDSCAPING PUBLIC ASSEMBLY SPACE PUBLIC BENEFIT AMENITY PUBLIC TRANSIT ENDOWMENT SERVICE ROAD TERMINAL ISLAND TRANSIT AMENITY TRANSIT-RELATED LANE WIDENING
Definitions. The following terms shall be specifically applicable to this Highway Overlay District regulations section and shall have the meanings provided below:
The construction of floor area in excess of that permitted as of right by the applicable FAR maximum.
A project for which the applicant is seeking any one or more of the bonuses provided in § 435-21I of this chapter.
A change in part or all of an existing structure from one use category or purpose to another use category or purpose. In a mixed- or multiuse facility, an exchange or rearrangement of principal use categories or components shall not be construed as a change in use unless the net change in any of the factors in the Table of Off-Street Parking Regulations, § 435-24A(1), requires an addition of 10 or more parking spaces to the amount required by this section prior to the change in use.
A landscaped element running in a direction parallel to a vehicular travel lane, used to separate parallel rows of parking spaces.
Pervious landscaping exclusive of wetlands, as defined in MGL c. 131, § 40, in excess of the amount required by the applicable LSR.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
The ratio between the gross floor area of all buildings on a parcel, including accessory buildings, and the total area of the parcel.
The ratio between the area of a parcel devoted to pervious landscaping or natural vegetated areas and the total area of the parcel. Both components of this ratio shall exclude any wetland resource area, as defined in MGL c. 131, § 40, except for wetland areas that are located within 100 feet of an upland area adjoining a developed area of the project.
An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area equal to or greater than 15% over the gross floor area in existence on January 1, 1992, or which is equal to or more than 8,000 square feet, or, if the parcel on which the subject structure is located is within 200 feet of a residential district, more than 5,000 square feet, whichever is the lesser amount.
An alteration or expansion of a structure or group of structures, on the same lot or contiguous lots, that results in an increase in gross floor area of less than 15% over the gross floor area in existence on January 1, 1992, or which is less than 8,000 square feet, or, if the parcel on which the subject structure is located is within 200 feet of a residential district, less than 5,000 square feet, whichever is the lesser amount.
A project for which the applicant is not seeking a bonus.
A public benefit amenity in the form of a park or excess pervious landscaping, available for passive or active recreation, or leisure use, by the public.
All lots utilized for any purpose in connection with creating a development, e.g., buildings, parking and detention basins.
A continuous area of open space which is directly accessible to the public for scenic, recreational or leisure purposes.
A structure designed to convey pedestrians over a watercourse, railroad, or public or private right-of-way.
A public benefit amenity in the form of a pathway, off-site sidewalk or pedestrian bridge designed to facilitate pedestrian movement.
A structure designed to convey pedestrians under a watercourse, railroad, or public or private right-of-way.
Area that is principally covered with natural materials such as grass, live plants or trees.
A room or facility, such as a meeting room, theater, amphitheater or auditorium, which is available on a not-for-profit basis for use by members of the public for civic and cultural events.
An improvement, facility or financial contribution for the benefit of the general public, provided in connection with a development in order to qualify for an increase over the base FAR.
A contribution to a trust fund, maintained by City Council or other government body designated by the City Council, established for the purpose of providing long-term financial support for local or regional transit systems serving the Regional Center District.
A road that is designed to provide access to abutting properties so that the volume of traffic entering onto or exiting from major roadways is reduced.
A landscaped element running in a direction parallel to individual parking spaces and having a minimum length equal to the length of any abutting parking space found at the end of a row.
A public benefit amenity which contributes to the use and/or long-term availability of public transit and is either a transit-related lane widening or public transit endowment.
A new or expanded lane on an existing street, designed and reserved for use by high-occupancy vehicles, such as buses and vans.
C.
Establishment of districts.
(1)
General. The Highway Overlay Districts are established as districts which overlay nonresidential zoning districts abutting major arterial highways. There are two such overlay districts: the Regional Center (RC) Overlay District and the Highway Corridor (HC) Overlay District.
(2)
Regional Center (RC) District.
(a)
The RC District shall be bounded as follows:
[1]
Easterly by the Framingham-Natick municipal boundary;
[2]
Southerly by the boundary line between the General Business District and the R-1 Single-Family Residential District on the southerly side of Worcester Road (State Route 9);
[3]
Westerly by the intersection of Worcester Road and Cochituate Road (Route 30);
[4]
The northerly boundary shall include all parcels or groups of contiguous parcels serving a common use, whether or not in common ownership, which are used for nonresidential purposes as of January 1, 1992, and any portions of which are located within 200 feet of that portion of the northerly right-of-way of Cochituate Road, between Worcester Road (Route 9) and the Framingham-Natick municipal boundary
(b)
If, as of January 1, 1992, any portion of the area of a parcel falls within the RC District, then the entire parcel shall be deemed to fall within the district.
(3)
Highway Corridor (HC) District. The HC District shall include all parcels, or groups of contiguous parcels serving a common use, whether or not in common ownership, which are used for nonresidential purposes as of January 1, 1992, and any portions of which are located within 200 feet of the right-of-way of Worcester Road (Route 9), but excluding:
(a)
Parcels that are included in the RC District as set forth above;
(b)
Parcels located on the northerly side of Worcester Road between Edgell Road and the westerly ramp leading onto Route 9 (the Framingham Center);
(c)
The parcels known as the "Framingham Industrial Park"; and
(d)
The parcels known as "9/90 Crossing."
(4)
Relationship to underlying districts.
(a)
The Highway Overlay Districts shall overlay all underlying districts, so that any parcel of land lying in a Highway Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this chapter.
(b)
All regulations of the underlying zoning districts shall apply within the Highway Overlay Districts, except to the extent that they are specifically modified or supplemented by other provisions of the applicable Highway Overlay District.
(c)
Requirements for off-site contributions under site plan review:
[1]
For nonbonus projects, the requirements of § 435-47F(2) and H(3) regarding contributions for off-site improvements shall apply.
[2]
For bonus projects which comply in all other respects with the requirements of this § 435-21 and other provisions of this chapter, the provisions of this § 435-21 regarding contributions for off-site improvements and public benefit amenities shall supersede and replace the requirement for off-site improvements under § 435-47F(2) and H(3).
D.
Use regulations.
(1)
General.
(a)
The Highway Overlay Districts are herein established as overlay districts. The underlying permitted uses are permitted. However, a developer must meet the additional requirements of this § 435-21 of this chapter.
(b)
Lots in a Highway Overlay District exclusively used or zoned for single- or two-family residential development are exempt from these regulations, regardless of the underlying zoning district classification.
(2)
Multiple-use developments. Multiple-use developments are specifically allowed in a Highway Overlay District to the extent that each individual use is allowed in the district.
E.
Intensity regulations.
(1)
Base floor area ratio (FAR) for nonresidential development. For any nonresidential development, the floor area ratio (FAR) shall not exceed 0.32, except as modified below in this section.
(2)
Increase in FAR for new construction with public benefit amenities in the RC District. The Planning Board may, by special permit, grant an increase in the maximum floor area ratio above 0.32, up to a maximum FAR of 0.40, for parcels located in the Regional Center (RC) Zoning District, subject to the following requirements:
(a)
Increased pervious landscape surface shall be provided in accordance with § 435-21F(2) of these Highway Overlay Districts regulations.
(b)
Public benefit amenities shall be provided as required herein, and the increase in permitted floor area shall be determined in accordance with the schedule of bonuses set forth in § 435-21I of these Highway Overlay Districts regulations. A FAR increase shall be granted only if the Board makes the findings required in § 435-21E(7) of this chapter.
(3)
Increase in FAR for consolidation of lots in the RC or HC District.
(a)
In order to encourage consolidation of lots, the Planning Board may, by special permit, grant an increase in the floor area ratio above 0.32. Such increase shall not exceed 20% of the combined gross floor area of the buildings on the lots to be consolidated, or 12,000 square feet, whichever is lesser, up to a maximum FAR of 0.40.
(b)
A FAR increase shall be granted only if the Planning Board determines that the proposed consolidation will achieve, to the maximum extent feasible, the objectives and standards set forth in § 435-21E(3)(b)[1] and makes the findings required in § 435-21E(7) of this chapter.
[1]
Objectives and standards.
[a]
The coordinated development shall be designed to provide access improvements and reduce the number of curb cuts as well as improve signage, unify landscaping, and achieve a higher standard of site design than would be possible with separate development of the individual lots.
[b]
Only lots which were in separate ownership as of January 1, 1992, may be consolidated for purposes of qualifying for a FAR increase in a Highway Overlay District.
[c]
The coordinated development need not involve consolidation of ownership. However, the continued use of improvements achieved through consolidation must be guaranteed through appropriate mechanisms (such as easements).
(4)
Increase in FAR for projects involving minor alterations in the RC or HC Districts. The Planning Board may, by special permit, grant an increase in the existing FAR over 0.32 for minor alteration up to a maximum FAR of 0.40. Such increase shall be granted only if the Planning Board makes findings required in § 435-21E(7) of this chapter. A special permit, under § 435-21 of this chapter, is not required for a minor alteration which does not exceed a FAR of 0.32.
(5)
Areas excluded from FAR computation. The floor area of the following types of facilities shall not be included in the gross floor area of a structure or structures for the purposes of computing the floor area ratio on a parcel in the HC or RC district:
(a)
Day-care facilities licensed by the Massachusetts Department of Early Education and Care.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(b)
Off-street parking facilities and associated ramps and aisles.
(c)
Facilities dedicated to public or private transit facilities, or to trip-reduction activities such as carpooling and vanpooling. Such facilities may include waiting areas, ticket offices or offices for the administration of transportation management and trip-reduction activities.
(d)
Cafeterias for the primary use of the employees who work at the site.
(6)
Density on parcels where portion dedicated to Framingham or the commonwealth. Subject to the other provisions of this section, if the owner of a parcel, with the concurrence of the Planning Board, dedicates to Framingham or the commonwealth a portion of the parcel for public ownership of a bonus facility, then the permissible density at which the remainder of the parcel may be developed shall be based on the total parcel area, including the area so dedicated.
(7)
Findings required for a FAR increase. In granting a FAR increase the Planning Board shall make a specific finding, in writing, that the increase shall not be substantially more detrimental to the neighborhood than the existing structure or use and, in the case of new construction, that the increase shall not be substantially more detrimental to the neighborhood than the project at the base FAR, and that all of the conditions set forth below are met. As the basis for its decision, the Planning Board shall consider factors which shall include, but not be limited to, the impact of the waiver on traffic; municipal services and facilities; the character of the neighborhood, including environmental and visual features. It shall be the responsibility of the applicant to demonstrate conformance with the following standards as part of the request for a FAR increase:
(a)
The increase will achieve the goals, objectives and intent of these Highway Overlay District regulations.
(b)
The increase will achieve compliance with these Highway Overlay District regulations to a substantially greater degree as compared with the degree of compliance present in the existing development. In the case of new construction, the increase will achieve compliance with these Highway Overlay District regulations to a substantially greater degree as compared to development at the base FAR.
(c)
The proposed development complies with all other applicable requirements set forth in this chapter, including, when required, site plan review (§ 435-47) and/or off-street parking requirements in Article IV, hereof, subject to the following exception: that such requirements are specifically superseded by these Highway Overlay District regulations.
F.
Open space requirements.
(1)
Base landscape surface ratio (LSR). The base landscape surface ratio (LSR) shall be 0.20 for retail, consumer service and manufacturing uses and 0.40 for office, research and development and other similar nonretail, nonresidential uses.
(2)
Increased LSR for bonus projects. For bonus projects, the minimum required landscape surface ratio shall be the sum of the base LSR specified above for the applicable use and 1/2 of the difference between the proposed FAR and 0.32.
(3)
Multiple-use projects. The minimum required LSR for multiple-use developments shall be computed as a blended ratio of the LSR requirements applying to the individual components of the development, as follows:
(a)
Nonbonus projects: Minimum LSR = (retail, service or manufacturing floor area percentage x 0.20) + (office, R&D or other similar nonretail, nonresidential uses floor area percentage x 0.40).
(b)
Bonus projects: Minimum LSR = [(retail, service or manufacturing floor area percentage x 0.20) + (office, R&D or other similar nonretail, nonresidential uses floor area percentage x 0.40)] + (1/2 of the difference between the proposed FAR and 0.32).
G.
Dimensional regulations.
(1)
Height:
(a)
Height limitations shall be as specified for the underlying zoning district(s).
(b)
The maximum height of new structures or altered structures, where building height is increased, which are located adjacent to residential zoning districts shall be as follows:
Distance from Residential District | Building Height (feet) |
|---|---|
Less than 50 feet | 30 |
Equal to or greater than 50 feet but less than 200 feet | 40 |
Equal to or greater than 200 feet but less than 300 feet | 50 |
Equal to or greater than 300 feet but less than 400 feet | 60 |
Equal to or greater than 400 feet | 80 |
(2)
Setbacks:
(3)
Where abutting residential districts. The minimum setbacks for structures located adjacent to residential districts shall be 30 feet.
H.
Landscaping requirements.
(1)
General purpose and intent. The requirements and standards set forth in this § 435-21H are intended to achieve specific performance objectives, as described below, to enhance the visual quality of the areas within the Highway Overlay Districts, to encourage the creation and protection of open space, to avoid expansive development of impervious surfaces, to protect and preserve the area's ecological balance and to ensure that landscaping is an integral part of development. In the event the applicant desires to deviate from the specific standards set forth below, the Planning Board may approve alternative plans if it finds that such alternative is clearly more feasible and/or preferable and that the proposed arrangement meets the general purpose, intent, and objectives of this § 435-21H.
(2)
Objectives. In order to accomplish the general purpose and intent of these Highway Overlay Districts regulations, specific objectives shall be accomplished by landscape plans, which shall include the following:
(a)
Buffer strips at the front of lots shall contribute to the creation of tree-lined roadways and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them.
(b)
Buffer strips adjoining or facing residential uses or residential zoning districts shall provide the strongest possible visual barrier between uses at pedestrian level and create a strong impression of spatial separation.
(c)
Landscaping within parking areas shall provide visual and climatic relief from broad expanses of pavement and shall be designed to define logical areas for pedestrian and vehicular circulation and to channel such movement on and off the site.
(d)
All required landscaping shall be located entirely within the bounds of the parcel.
(e)
To the greatest feasible extent, existing healthy, mature vegetation shall be retained in place or transplanted and reused on site.
(3)
Applicability. The requirements of this § 435-21H shall apply to any new structure which requires 10 or more parking spaces, and to any major alteration, or change of use of an existing structure which requires the addition of 10 or more parking spaces.
(4)
Technical requirements. All off-street parking site plans and special permits required hereunder shall include a landscape plan and planting schedule prepared by a registered landscape architect unless waived in accordance with § 435-21J(3).
(5)
Certificates of occupancy.
(a)
No certificate of occupancy, whether temporary or permanent, shall be granted by the Building Commissioner until the Planning Board has voted its approval that all landscaping and buffer strips conform to the approved landscape plan and planting schedule, or 30 days shall have passed since the request was submitted to the Planning Board.
(b)
In cases where, because of seasonal conditions or other unforeseeable circumstances, it is not possible to install or complete landscaping prior to initial occupancy of the building(s), a certificate of occupancy may be granted by the Building Commissioner, upon the approval of the Planning Board, under the following conditions:
[1]
The owner shall make a payment to the City, to be held in escrow by the Planning Board, to ensure that required landscape planting is installed and maintained.
[2]
The amount of the escrow payment shall be set by the Planning Board and shall be equal to the remaining estimated cost of materials and installation, with allowance for escalation and contingencies.
(c)
Release of any escrow amounts, or approval of issuance of a certificate of occupancy, shall be conditioned upon the receipt by the Planning Board of written certification by a registered landscape architect that the specified plant materials to be included in the project landscaping have been installed according to the approved landscape plan.
(6)
Landscaped buffer strips.
(a)
General standards. In the highway corridor and regional center areas, a landscaped buffer strip shall be provided separating all buildings, parking areas, vehicular circulation facilities, or similar improvements from the right-of-way line of any public street, or any private way which is adjudged by the Planning Board to perform an equivalent function. Plantings in landscaped buffer strips shall be arranged to provide maximum protection to adjacent properties and to avoid damage to existing plant material. The landscaped buffer strip shall include the required planting as set forth herein and shall be continuous except for required vehicular access points and pedestrian circulation facilities. All required landscaping amenities shall be located within the bounds of the parcel. Signs shall be designed to be integrated into the landscaping.
(b)
Specific standards.
[1]
Depth. Unless a greater depth of landscaping is required in the underlying zoning district, landscaped buffer strips shall be 1/3 of the distance between the street right-of-way and any building line, but shall not be less than 15 feet in depth, and need not be greater than 50 feet in depth. Sidewalks may be considered in the calculation of the buffer depth. Landscaped buffer strips adjoining or facing residential districts or residential uses shall be a minimum of 15 feet in depth.
[2]
Composition. The buffer strip shall include a combination of deciduous and/or evergreen trees and lower-level elements such as shrubs, hedges, grass, ground cover, fences, planted berms, brick or stone walls. When necessary for public safety or to prevent adverse impacts on neighboring properties, the Planning Board may require that the buffer strip contain opaque screening.
[3]
Arrangement. Arrangements may include planting in linear, parallel, serpentine, or broken rows, as well as the clustering of planting elements. The following provisions set forth the form of arrangement of plantings. The form of plant arrangement is as follows:
[a]
At least one tree shall be provided per 27 linear feet of street frontage or portion thereof. There shall be a minimum of three trees in the entire buffer strip. Trees may be evenly spaced or grouped. Groups of trees shall be spaced no further apart than 50 feet.
[b]
At least four shrubs shall be provided per 100 square feet of landscaped area in the buffer strip.
[4]
Opaque screens. An opaque screen may be comprised of walls, fences, berms, or evergreen plantings, or any combination thereof, providing that the Planning Board may require evergreen trees or shrubs instead of fences when deemed appropriate. Opaque screens shall be opaque in all seasons of the year. For developments adjoining or facing residential districts or residential uses, or when necessary for public safety or to prevent adverse impacts on neighboring properties, a buffer strip shall contain opaque screens as follows:
[a]
The screen shall be opaque from the ground to a height of between 2 1/2 feet and six feet when planted or installed as determined by the Planning Board.
[b]
Walls or fences exceeding 4 1/2 feet in height shall have plantings on the side facing the residential district and may be required to have plantings on both sides.
[c]
Evergreen trees or shrubs shall be spaced not more than five feet on center.
[d]
The Planning Board may require ornamental or shade trees in addition to an opaque screen, planted in conformity with the standards set forth in § 435-21H(6)(b)[3] above, depending upon the type, size and proximity of adjoining residential uses.
[5]
Berms. When berms are used to meet the requirements for a buffer strip, they shall be planted with living vegetation. The minimum top width of a berm shall be three feet and the maximum side slope shall be 3:1. No more than 25% of the coverage of a planted berm shall be mulch or nonliving material.
[6]
Mulches. When used in required landscaping or buffers, mulches shall be limited to bark mulch or decorative stone. No more than 25% of the coverage of the landscaped area shall be mulch or nonliving material.
(7)
Intersection sight distance restrictions. Landscaped buffers and screening shall not restrict sight distances at intersections or driveway entrances. Sight distance requirements, location and specification of sight zones shall be determined by reference to the current edition of the MassDOT Standard Specifications for Highways and Bridges, or any successor publication. As a guide, no fence or other structure may be erected, and no vegetation may be maintained, between a plane 2 1/2 feet above curb level and a plane seven feet above intersecting roadway levels within the zone required for sight distance; subject, however, to actual roadway profiles of the intersecting streets and/or driveways.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(8)
Landscaping within off-street parking areas.
(a)
Standards for landscaping within parking areas:
[1]
Parking areas shall be broken into sections not to exceed 140 cars per section. Sections shall be separated by landscaped buffers to provide visual relief. At a minimum, the buffers shall consist of islands which shall be a combination of divider islands and terminal islands.
[2]
Each landscaped island shall have a minimum area of 150 square feet and shall consist of pervious landscaping. Landscaped islands may be curbed or without curbing as follows: Curbing, at least five inches in height, shall surround each landscaped island as protection from vehicles. No tree shall be planted less than four feet from the curbing. Rain gardens shall be designed to meet LID standards and other applicable stormwater management best management practices (BMPs) and may be designed without curbing where appropriate.
[a]
Divider islands. The following additional design standards shall apply to divider islands:
[i]
At least one landscaped divider island shall be provided for every four parallel rows of parking.
[ii]
Trees shall be spaced not more than 27 feet on center.
[iii]
At least one shrub shall be provided for every five linear feet, or one shrub per 35 square feet of ground area, whichever results in a greater number of shrubs.
[b]
Terminal islands. The following additional design standards apply to terminal islands:
[ii]
Landscaped terminal islands shall be provided at the ends of rows of parking where such rows are adjacent to driveways or vehicular travel lanes. In addition, terminal islands shall separate groups of parking spaces in a row, such that no continuous line of adjoining spaces contains more than 25 parking spaces.
[iii]
As an alternative to separating groups of parking spaces with small internal terminal islands, additional landscaped area may be provided. Such additional landscaped area shall be provided as additional depth in the buffer strip {above the minimum depth otherwise required in § 435-21H(6)(b)[1] above}, terminal and divider islands adjacent to rows exceeding 25 spaces, and shall be provided at a ratio of at least 1.2:1.0. However, no more than 35 adjoining parking spaces may be provided in a row of spaces, regardless of the size of the landscaped islands at the ends of the row.
[iv]
Terminal islands shall contain at least two trees when abutting a double row of parking spaces.
[v]
Landscaped terminal islands shall contain evergreen shrubs planted three feet or less on center, in order to prevent damage due to pedestrian traffic.
[vi]
Grass or ground cover may be substituted for shrubs in divider islands and terminal islands with the approval of the Planning Board.
(b)
Increase of impervious areas. Notwithstanding the limitation on paved areas set forth elsewhere in § 435-21H(8)(a)[2], a landscaped island may be up to 33% impervious surface, provided that all such area is used for pedestrian walkways and that such walkways are adequately buffered from the parking areas.
(c)
Use of porous paving materials. In order to minimize the amount of stormwater runoff from paved areas, the use of porous paving materials is encouraged where feasible.
(9)
Landscaping adjacent to buildings. Landscaped areas at least 10 feet in depth shall be provided adjacent to buildings on every side of such buildings that has a public access point and shall contain trees and shrubs. This requirement may be waived by the Planning Board in cases where it is impractical to provide the specified depth of landscaped area due to the size, shape or other characteristics of the parcel; however, in no case shall any parking space or vehicular travel lane be located less than five feet from the building.
(10)
Standards for plant materials.
(a)
All trees, shrubs and hedges must be species that are hardy in Plant Hardiness Zone 5, as defined by the American Standards for Nursery Stock, and shall be resistant to salt spray and urban conditions where appropriate.
(b)
Plantings shall be selected and designed so as not to require high water use for maintenance.
(c)
Deciduous trees must be at least 2 1/2 inches to three inches caliper, six inches above the top of the root ball, at the time of planting and must be expected to reach a height of at least 20 feet within 10 years, when considering the expected normal growth patterns of the species.
(d)
Evergreen trees must be at least eight feet in height at the time of planting.
(e)
Ornamental or specimen trees must be at least eight feet in height at the time of planting.
(f)
Shrubs and hedges must be at least 3 1/2 feet in height or have a spread of at least 24 inches at the time of planting.
(g)
Shade or canopy trees shall be provided within parking lots, and within buffer strips.
(11)
Design for pedestrian circulation.
(a)
Pedestrian access through buffers and screens. Landscaped buffers should, to the greatest extent possible, serve as usable open space, providing an environment for pedestrian access between uses. Therefore, buffers shall be designed to include appropriate means of pedestrian access and crossing, both along the landscaped area (i.e., in a parallel direction with the property line) and across the buffer (i.e., providing pedestrian access to the site, separate from vehicular access points). Buffers and screens shall provide for appropriate hard-surfaced pedestrian access points and walkways where property lines abut existing or planned public streets, whether or not such streets have been constructed.
(b)
Pedestrian circulation in parking facilities.
[1]
Parking facilities and appurtenant driveways shall be designed so as to gather pedestrians out of vehicle travel lanes and to maximize the safety and convenience of pedestrians walking between parked cars and business entrances as well as between external points and locations on site.
[2]
Pedestrian walkways shall be:
[a]
Integrated, to the extent possible, into the interior and/or perimeter landscaping of parking lots;
[b]
Constructed with a paved or similarly firm surface, at least six feet in width; and
[c]
Separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps.
(12)
Maintenance.
(a)
The owner(s) and/or developer(s) of any lot shall be responsible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.
(b)
A permanent water supply system, sufficient in the Planning Board's determination, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate locations. Whenever possible, gray or reused water, or wells, shall be used as the water source.
(c)
Maintenance bond: The Planning Board may require a bond to ensure that required landscape plantings are maintained and survive for up to one growing season following completion of planting.
(13)
Pervious landscaping. Up to 5% of the area counted as pervious landscaping may include pedestrian circulation components such as walkways. Parking areas surfaced with porous pavement shall not be considered pervious landscaping.
I.
Bonus density provisions.
(1)
Eligibility for bonus floor area. If a proposed improvement or facility in the Regional Center District complies with the standards set forth in § 435-21E(2) above, it shall be eligible for bonus floor area in accordance with the requirements set forth in Subsections I(2) through (6).
(2)
Public benefit amenity. To qualify for bonus floor area a public benefit amenity must be specifically listed in the schedule of benefits below. A public benefit amenity that is a physical space shall be one to which the public is assured access on a regular basis, or an area that is dedicated to and accepted by the City for public access purposes. Furthermore, to be considered a public benefit amenity, a specific improvement or facility must be determined to provide a public benefit and to be appropriate to the goals and character of the area. In addition, the following requirements must be met:
(a)
Parks.
[1]
To be eligible as a public benefit amenity, a park must meet all of the following standards:
[a]
Be at least 2,500 square feet in area;
[b]
Have a minimum width of 50 feet;
[c]
Be buffered and/or screened from nearby roads, parking areas and other vehicular circulation facilities; and
[d]
Not be located within the landscape buffer strip required under § 435-21H(6).
[2]
For purposes of computing bonus credits, no more than 1/3 of the area of the park shall consist of wetlands, water bodies, steep slopes (over 25%), or other areas not usable for public recreation or leisure activities. On-site park area which meets the above standards and which is not wetlands may be used to satisfy the minimum landscape surface ratio (LSR) requirement. On- or off-site park area may be used to qualify the project for bonus floor area.
(b)
Pedestrian circulation improvement. Such improvements shall be directly accessible to the pedestrian circulation system, and shall where possible connect with existing pedestrian circulation improvements on adjacent parcels and/or provide for connection to such improvements which can reasonably be expected to be developed on adjacent parcels. The following standards shall also be applicable:
[1]
Pathway (off-site). A pathway shall be at least 50 feet from a vehicular circulation improvement for at least 90% of its length.
[2]
Sidewalk (off-site). A sidewalk shall not be on land owned by the applicant or on public or private right-of-way immediately adjacent to frontage of land owned by the applicant.
[3]
Pedestrian bridge/tunnel. Bridges or tunnels should have clear functional relationships to adjoining commercial properties and/or public open space amenities. To be eligible as a public benefit amenity, a pedestrian bridge or tunnel shall not be located entirely on the applicant's property, nor shall it connect a principal use with an accessory use such as a parking structure.
(3)
Schedule of bonuses. Bonus floor area shall be available in accordance with the bonus ratios listed in the following "Schedule of Bonuses," up to the maximum FAR permitted in this Subsection I if the Planning Board deems that the amenity offered by the applicant accomplishes the objectives of this § 435-21. The bonus ratio is the ratio of the unit of public benefit amenity provided to the floor area permitted for bonus projects in excess of a FAR of 0.32. For example, a bonus ratio of 1:3 and an amenity unit of "square foot" means that for each square foot of the amenity the project shall be eligible for three additional square feet of floor area for permitted uses.
Schedule of Bonuses | ||
|---|---|---|
Public Benefit Amenity | Amenity Unit | Bonus Ratio* |
Open space amenities | ||
Park | Square foot | 1:1 |
Excess pervious landscaping | Square foot | 1:0.5 |
Pedestrian circulation improvements | ||
Off-site sidewalk | Square foot | 1:1 |
Pathway/bikeway | Square foot | 1:1 |
Pedestrian bridge/tunnel | Square foot | 1:1 |
Public assembly space | Square foot | 1:5 |
Traffic improvements | ||
Service road (24-foot to 30-foot paved width) | Square foot | 1:3 |
Transit amenities | ||
Transit-related lane widening | Square foot | 1:2 |
Public transit endowment | Dollar ($) | 20:1 |
* | Note: Bonus ratio = Amenity: floor area |
(4)
State-mandated amenities. The Planning Board may grant bonus floor area for a public benefit amenity that is not specifically listed in Subsection I(2) above, only when the cost of such amenity exceeds 3% of the total cost of the project and if:
(5)
Prospective bonus agreements.
(a)
A project in the RC District which proposes to provide a public benefit amenity but not to use the full FAR increase which the amenity makes possible may enter into a prospective bonus agreement (PBA) with the Planning Board as a condition of the Planning Board's granting of a special permit and/or site plan approval. The PBA shall define the specific nature of the public benefit amenity and the amount of FAR and additional floor area for which the parcel shall become eligible as a result of provision of the improvement. The maximum term of a PBA shall not exceed five years, following which the rights to any unused FAR increase shall become null and void. If, for any reason, a change of use of a parcel that has been approved for an FAR increase which is in whole or in part unused is proposed within the effective term of a PBA, the owner must obtain the approval of the Planning Board to take advantage of such remaining increase.
(b)
The only effect of a PBA shall be to increase the allowable FAR of the development, subject to all other requirements of this § 435-21I. The approval of a PBA by the Planning Board shall not be deemed to supersede or waive any of the other provisions of this section, nor shall such approval be considered to represent the granting of site plan approval or special permit approval for any future development.
(6)
Continuing obligation for bonuses.
(a)
Where a bonus is granted, the applicant shall covenant to ensure the continued use of the bonus facility or improvement for the purpose for which the bonus was granted. Such covenant shall be recorded as a condition of the special permit and shall run with the land.
(b)
An applicant who constructs a pedestrian circulation improvement shall be responsible for the maintenance, upkeep and provision of insurance for the improvement, unless it has been dedicated to and accepted by the City. If the improvement is not maintained, the City may, at its sole option, place a lien on the property, maintain the improvement, and seek reimbursement from the owner.
J.
Administration. The review procedures set forth herein are intended to apply to the RC and HC Districts, in addition to the requirements of the underlying zoning district. In administering such procedures and requirements, the Planning Board shall apply the standards of the underlying zoning district if such standards, procedures and requirements are more restrictive than set forth in these Highway Overlay District regulations. The Planning Board shall be the SPGA for all special permits granted under these Highway Overlay District regulations.
(1)
Thresholds for a special permit for nonbonus projects. A development which requires site plan review and a special permit in conformance with the underlying zoning shall be required to conform with the additional requirements of these Highway Overlay Districts regulations. No additional special permit or site plan review shall be required.
(2)
Thresholds for a special permit for bonus projects.
(a)
An additional special permit is required for any proposed development which will exceed the base floor area ratio (FAR) of 0.32, as described in § 435-21E of this chapter.
(b)
Procedure:
[1]
When required, the procedures for site plan submission, review and approval shall be as set forth under § 435-47 of this chapter, except that the traffic impact standards of § 435-47F(2) and H(3), including the requirements for off-site traffic improvements, are superseded by the provisions of § 435-21C(4)(c) and E(2). In the event that multiple special permits are required either by these Highway Overlay District regulations or by these regulations and the underlying regulations, the review process employed shall occur simultaneously, with a separate vote recorded for each, to minimize, to the greatest feasible extent, the decisionmaking time period.
[2]
The calculation of a major or minor alteration shall be determined by the Building Commissioner.
(3)
Modifications and waivers. The Planning Board may modify and/or waive strict compliance with one or more of the standards, regulations and objectives set forth in these Highway Overlay District regulations in accordance with the following procedures:
(a)
Findings required for a waiver. The Planning Board shall make a specific finding, in writing, that a waiver and/or modification will not create conditions which are substantially more detrimental to the existing site and the neighborhood in which the site is located than if the waiver and/or modification were not granted. As the basis for its decision, the Planning Board shall consider factors which shall include, but not be limited to, the impact of the waiver on traffic; municipal services and facilities; the character of the neighborhood, including environmental and visual features; and whether the objectives of these Highway Overlay Districts regulations are achieved.
(b)
Performance standards for waivers. The applicant will be required to demonstrate that the waiver, if granted, will accomplish the following design and performance objectives, as are applicable:
[1]
Landscaped buffer strips which create a strong impression of separation between developed areas and adjacent streets and/or residential areas.
[2]
Landscaped parking areas and landscaped areas adjacent to buildings to provide shade and visual relief from large expanses of impervious surfaces.
[3]
Improved pedestrian circulation within the subject site and, where possible, create pedestrian access to adjoining sites.
[4]
Maintenance of all landscaped spaces and buffer areas.
[5]
Improved vehicular access, reduced curb cuts for access drives, improved on-site circulation.
[6]
Improved building architecture and facade to achieve compatibility and harmony with the surrounding neighborhood.
[7]
Improved site signage.
(4)
Mutual review. It is the intent of this § 435-21 is to provide an opportunity for regional review of proposed developments in the Regional Center District as described below: Review and comment by the Planning Board of the Town of Natick is specifically encouraged. In its review of a site plan, the Planning Board shall consider any comments submitted by the Planning Board of the Town of Natick.
(a)
If the size of the proposed structure is equal to or greater than 50,000 square feet, the applicant shall submit one complete set of application documents to the Town of Natick and shall meet with the Planning Board of Natick to describe the project, if requested by the Natick Planning Board.
(b)
If the size of proposed structure is less than 50,000 square feet, the applicant shall submit one complete set of application documents to the Town of Natick. The Planning Board of Natick shall be notified of the dates of all public hearings regarding the project.
§ 435-22 Commercial ground-mounted solar photovoltaic renewable energy installations.
A.
Purpose and intent.
(1)
The purpose of this section is to provide a permitting process and standards for the creation of new commercial ground-mounted solar photovoltaic renewable energy installations. This section provides standards for the placement, design, construction, operation, monitoring, modification and removal of such installations while protecting public safety, protecting against undesirable impacts on residential property and neighborhoods, protecting scenic, natural and historic resources and protecting and/or providing for wildlife corridors. Commercial ground-mounted solar photovoltaic renewable energy installations shall not diminish abutting property values and shall provide adequate financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction, operation and/or repair of commercial ground-mounted solar photovoltaic renewable energy installations.
B. COMMERCIAL GROUND-MOUNTED SOLAR PHOTOVOLTAIC RENEWABLE ENERGY INSTALLATIONS DESIGNATED LOCATIONS RATED NAMEPLATE CAPACITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW direct current (DC).
The locations of a Commercial Ground-Mounted Solar Photovoltaic Renewable Energy Installation Overlay District designated by the City Council, in accordance with MGL c. 40A, § 5. Commercial ground-mounted solar photovoltaic renewable energy installations may be sited as-of-right but are subject to site plan review under § 435-47. Said locations are shown on the Framingham Zoning Map pursuant to MGL c. 40A, § 4. This Framingham Zoning Map is on file in the office of the City Clerk.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
C.
Applicability.
(1)
Commercial Ground-Mounted Solar Photovoltaic Renewable Energy Installations is an overlay district that may be superimposed by a vote of the City Council on a parcel or parcels of land. Designating land that requires significant tree cutting is discouraged. Land in industrial or commercial zoning districts or vacant, disturbed land is encouraged for designation. Commercial ground-mounted solar photovoltaic renewable energy installations are prohibited in all residential zoning districts.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(2)
No commercial ground-mounted solar photovoltaic renewable energy installations shall be erected or installed except in compliance with the provisions of this section and other applicable sections of this chapter, as well as state and federal law. Such use shall not create a nuisance by virtue of noise, vibration, smoke, dust, odors, heat, glare and radiation, unsightliness or other nuisance as determined by the Planning Board under site plan review, § 435-47 of this chapter.
(3)
The construction and use of a commercial ground-mounted solar photovoltaic renewable energy installation within any overlay zoning district designated by a vote of the City Council as set forth in the immediately preceding subsection shall be as-of-right and shall undergo site plan review prior to construction, installation or modification as provided in this section.
D.
General requirements. A commercial ground-mounted solar photovoltaic renewable energy installation may be permitted on a lot which contains a contiguous area of not less than four acres and meets the setbacks and maximum lot coverage under "Any Other Principal Use" of the Table of Dimensional Regulations, § 435-27B, for the underlying zoning district.
(1)
Visual impact. The visual impact of the commercial ground-mounted solar photovoltaic renewable energy installation, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Structures shall be shielded from view and/or joined and clustered to avoid adverse visual impacts as deemed necessary by and in the sole opinion of the Planning Board. Methods such as the use of landscaping, natural features and opaque fencing shall be utilized.
(2)
Compliance with laws and regulations. The construction and operation of commercial ground-mounted solar photovoltaic renewable energy installations shall be consistent with all applicable municipal regulations and bylaws, ordinances, and state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a commercial ground-mounted solar photovoltaic renewable energy installation shall be constructed in accordance with the State Building Code and approved by the Building Commissioner.
(3)
Utility notification. No commercial ground-mounted solar photovoltaic renewable energy installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the owner or operator's intent to install an interconnected, customer-owned generator. Proof of a fully executed mutual agreement with the utility company shall be provided to the Planning Board. Off-grid systems shall be exempt from this requirement. If the commercial ground-mounted solar photovoltaic renewable energy installation goes on grid, it shall be required to immediately comply with this requirement, and proof of such compliance shall be provided to the Building Commissioner within seven days.
(4)
Maintenance. The commercial ground-mounted solar photovoltaic renewable energy installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief, Police Chief and Public Works Director and Planning Board. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless said access road(s) is/are accepted as a public way(s).
(5)
Emergency services. The commercial ground-mounted solar photovoltaic renewable energy installation owner or operator shall provide a copy of the project summary, electrical schematic, and the approved site plan to the Fire Chief. The owner or operator shall provide an emergency response plan to the Planning Board, Fire Department, Police Department, and the Department of Public Works. The emergency response plan is subject to the review and approval of the Planning Board, Fire Department, Police Department and the Department of Public Works and shall include, at a minimum, explicit instructions on all means of shutting down the commercial ground-mounted solar photovoltaic renewable energy installation, which shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation and immediately notify the aforementioned parties of any change to the responsible person and/or their contact information.
(6)
Safety and security.
(a)
Safety and measures of security shall be subject to the approval of the Planning Board, Fire Department, Police Department and the Department of Public Works. The owner or operator shall be required to provide emergency services with training on all equipment and procedures referenced in the emergency response plan or which might otherwise be necessary for emergency services to operate or perform.
(b)
The owner or operator shall be required to provide a Knox-Box® (a secure, tamper-proof storage box for keys or other access tools) at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each Knox-Box®.
(7)
Design standards.
(a)
Lighting. Lighting of the commercial ground-mounted solar photovoltaic renewable energy installation, including all ancillary structures and appurtenances, shall not be permitted unless required by the Planning Board or State Building Code. Where used, lighting shall be subject to the standards of § 435-47.
(b)
Utility connections. All utility connections from the commercial ground-mounted solar photovoltaic renewable energy installations shall be underground unless specifically permitted otherwise by the Planning Board. Electrical transformers, inverters, switchgear and metering equipment to enable utility interconnections may be aboveground if required by the utility provider.
(c)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation and trees shall be limited to that which is necessary for the construction, operation and maintenance of the commercial ground-mounted solar photovoltaic renewable energy installation or otherwise prescribed by applicable laws, regulations and ordinances.
(d)
Structures and panels. All structures and panels and all associated equipment and fencing, including commercial ground-mounted solar photovoltaic renewable energy installations, shall be subject to all applicable sections of this chapter for the underlying zoning district concerning the bulk and height of structures, lot area, setbacks, open space, parking and building and lot coverage requirements, and may not exceed 50% of the total lot area.
(e)
Modifications. All material modifications to a commercial ground-mounted solar photovoltaic renewable energy installation made after issuance of the site plan decision shall require modification to the decision in compliance with § 435-47.
(f)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the commercial ground-mounted solar photovoltaic renewable energy installation shall be considered abandoned when it fails to operate for more than one year without having obtained the Planning Board's written consent to so suspend operation. If the owner or operator of the commercial solar photovoltaic renewable energy installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City may enter the property and physically remove the installation.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
[1]
Removal requirements. Any commercial ground-mounted solar photovoltaic renewable energy installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of abandonment or the proposed date of decommissioning. The owner or operator shall notify the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal.
[2]
Decommissioning shall consist of:
[a]
Physical removal of all commercial ground-mounted solar photovoltaic renewable energy installations, structures, equipment, security barriers and transmission lines from the site.
[b]
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[c]
Stabilization or revegetation of the site as necessary to minimize erosion. The Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(8)
Financial security.
(a)
The owner or operator of commercial ground-mounted solar photovoltaic renewable energy installation projects shall provide a noncancellable surety bond or other form of surety approved by the Planning Board to cover the cost of removal in the event the City must remove the installation and remediate the landscape. The amount and form of the surety bond or other form of surety shall be determined by the Planning Board, but in no event shall exceed more than 150% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the Planning Board. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
(b)
Before issuance of any building permits for the commercial ground-mounted solar photovoltaic renewable energy installation, such construction and installation shall be secured in accordance with this section and/or any regulations adopted pursuant to this section for this purpose.