The purpose of the historic reuse section is to preserve and enhance historically significant buildings and/or properties while maintaining the integrity of the neighborhood in which they were built. Historic preservation is encouraged through the redevelopment and/or reuse of such historic properties by allowing a variety of uses and incentives for such efforts. All such uses shall comply with the dimensional regulations of the zoning district in which the property is located.

An historic reuse project shall be developed with the following intent:

Applicability and allowed uses.

Permit granting authority and permit procedure.

Project design and redevelopment.

Off-street parking and site improvements.

Residential units.

Accommodate the maximum queue expected during peak operating period. The applicant shall supply the Planning Board with estimates of demand during peak operating periods which form the basis for site design.

No queuing shall be permitted onto a public or private vehicular way or pedestrianway open to use by the general public.

Every automatic car wash facility must have a mechanical dryer operation at the end of the wash cycle;

Every automatic car wash facility must have a drip time in the wash cycle between the last application of water and the blower;

The Planning Board may also require that an attendant be assigned exclusively to the automatic car wash facility during all hours of operation.

An applicant proposing to construct an automatic or self-service car wash shall submit a site plan application which shall include the following information:

The Planning Board may waive any of the above requirements.

Conditions to permit the Planning Board to evaluate the facility after one year of operation to determine that the conditions are sufficient.

Housing for the elderly, including independent living housing, congregate living housing, assisted living housing and nursing homes, and related facilities, provided that at least one occupant of each housing unit shall have attained the age of 55 and any other occupants of each housing unit shall have attained the age of 50.

Health care facilities and services for the elderly, including nursing care facilities, geriatric hospital facilities, hospice facilities, and rehabilitation centers and programs, home health services and medical offices.

Community and social services primarily for the elderly, day-care centers for children or the elderly, places of worship, transportation services, meals on wheels and related elder care services.

Gardens and greenhouses.

Cultural and educational centers for cultural and educational programs, events and performances. Only one such facility available for use by the general public shall be permitted within a district. The total combined indoor and outdoor seating capacity of such facility shall not exceed 200 seats. Additional rooms, designed for educational or cultural programs for the residents and staff of the district, shall be permitted.

Health club facilities and recreation facilities, intended for the primary use and convenience of the residents and staff of the Geriatric Care/Elderly Housing District and elderly residents, age 55 and older, of the City of Framingham, such as swimming pools, exercise facilities and tennis courts.

Passive recreation buffer areas for the installation, repair and maintenance of footpaths and trails, underground utilities, and public access and drainage easements.

Outdoor recreational facility, as defined in § 435-5A.

Accessory uses. Retail sales and services, including restaurants, snack bars, gift shops, laundry services, barber/beautician, banking and financial services, businesses and professional offices, and personal services not specifically noted elsewhere in this section, subject to the following conditions:

Indoor nonprofit recreational facilities such as swimming pools, tennis court, skating rink, or children's camp or center.

Basic requirements.

Conditions.

Maintenance. The landowner of record shall be responsible for ongoing proper maintenance of the wireless communications facility. Verification of maintenance and structural integrity by a certified structural engineer shall be required at the request of the Building Commissioner on a biannual basis. The Building Commissioner shall require a maintenance and removal guarantee bond for all wireless communications facilities subject to special permit under this § 435-32. The Building Commissioner may require such bond for facilities which are exempt from special permit under § 435-32C(5), below.

Removal. Any wireless communication facility shall be removed within one year of cessation of use.

Exemptions.

A wireless communication facility shall comply with the dimensional requirements applicable to structures for the district in which it is located; provided, however, that the following height and setback limitations for a wireless communication facility shall supersede any limitations for the district.

Height requirements.

Setback requirements.

Except for the replacement of an existing WCF, the SPGA shall not grant a special permit for a WCF in a residential zone.

All persons desiring to erect or modify a WCF shall apply for a special permit in accordance with this section.

No application shall be accepted or acted upon until all the required information as set forth in this section is provided by the applicant and all required fees are paid.

The Building Commissioner or their agent shall perform a field inspection on all applications for a WCF prior to the hearing for the special permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner and shall bear the date of inspection, comments and the signature of the inspecting officer.

All applications for special permit shall include:

Fees for permits shall be established and amended from time to time by the City Council.

The owner of the WCF shall provide to the City with a certificate of insurance on a commercial general liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the City.

Any facility shall be designed to be constructed to accommodate its anticipated and future use and shall be designed to accommodate the maximum number of users technologically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.

All WCFs shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the City shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line.

Satellite dishes and/or antennas shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.

Fencing shall be provided to control access to WCFs and shall be compatible with the character of the district.

There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour basis. All signs shall conform with Chapter 373, Signs, of this Code.

Lighting shall be limited to that needed for emergencies and/or as required by the FAA and local, state or federal authorities and shall be directed in such a way as to minimize glare and cause the least amount of interference with and light spillover onto neighboring properties.

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

The primary purpose and intent of this section is to ensure municipal compliance with all requirements of the National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from small municipal separate storm sewer systems (MS4) issued by the United States Environmental Protection Agency (EPA), and the Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection (MassDEP).

The overall purpose of this land disturbance and stormwater management (LDSM) section is to provide a thorough review of construction, development, and/or redevelopment projects that have the potential to adversely impact natural resources, human-made structures, abutting properties and/or the City's infrastructure. Projects subject to this LDSM section shall be designed so as not to impact water quality or surface flows; shall protect all properties, storm drainage systems, public roadways, and natural water bodies from potential flooding, overloading, and/or clogging resulting from development; and shall not cause any significant alteration to topography or significant clearing of land. Moreover, projects shall be designed so as not to create adverse conditions during or after construction that would alter and/or destroy aquatic or wildlife habitat, and/or cause environmental degradation.

This section shall provide review and oversight of the following, as applicable:

The intent of this section is to ensure that development projects incorporate and utilize best management practices (BMP) and low-impact development (LID) techniques to the maximum extent feasible. All development and/or redevelopment projects shall be designed to ensure the following:

Land use activities requiring review. This section shall apply to the following construction, development, and/or redevelopment projects:

Land use activities exempt from review. The following construction, development and/or redevelopment projects shall be exempt from this section, but not exempt from other laws, regulations, and ordinances of the City:

Minimum standards. This section shall serve as the minimum standards for activities that fall under LDSM review. Applicants are expected to exceed these minimum standards through the use of BMPs, LID techniques, increased vegetation, the preservation of land, and/or development within previously disturbed areas. Furthermore, previously developed sites shall be expected to exceed existing conditions, in addition to minimum federal, state, and local standards for stormwater management, erosion, infiltration, sedimentation, and total suspended solids (TSS).

Permit granting authority and permit procedure. The Planning Board shall be the SPGA for this section. All applications subject to this section shall follow the special permit procedures for an application submittal pursuant to § 435-46 herein.

Nonavoidance by phasing or segmentation.

Submittal requirements. Applicants for LDSM shall submit plan sets and supporting documentation in accordance with the requirements set forth in § 525-24, Land disturbance and stormwater management documentation submittal, of Chapter 525, Planning Board Rules and Regulations.

Waivers. Strict compliance with this section is required to the greatest extent feasible. The Planning Board may grant waivers for land disturbance and stormwater management documentation submittal and/or design standards, by a four-fifths vote, where such action is not inconsistent with the purposes of this section or the other associated regulations.

Stormwater management.

Topographical alterations.

Tree removal.

Earth removal and fill.

Filing and document review. All documents and plans required in § 435-33 herein have been submitted in accordance with these regulations and City standards.

Federal, state, and local regulations. A minimum compliance with all applicable federal, state, and local regulations and guidelines, including, but not limited to, the most current edition of the MassDEP Stormwater Management Standards, the Massachusetts Stormwater Handbook, the NPDES MS4 permit; and Department of Public Works (DPW) regulations related to stormwater/erosion/etc.

Site management and control.

Throughout the duration of construction, a gravel apron of at least 15 feet wide and at least 25 feet long is required at any site access from a paved public way to prevent unstable material from being transported onto the roadway by vehicle tires.

Control of stormwater runoff.

Protection of natural features and vegetation.

Protection of historic resources. Reasonable measures shall be employed to protect historic, unique topographical, and archaeological resources, including, but not limited to, historic landscape features both above- and belowground, buildings, structures, objects, stone walls, foundations, designed landscapes and gardens.

Long-term LDSM plan.

Construction maintenance bond. Prior to the issuance of a building permit, the applicant shall provide a construction performance bond in the amount of $5,000 or equal to 20%, whichever amount is greater, of the expected values of the BMPs for erosion control and stormwater management during construction of the project. The Planning Board shall hold such construction performance bond until the issuance of a certificate of occupancy from the Inspectional Services Division.

Construction procedure.

Post-construction review. A special permit for LDSM shall not close until a final inspection and approval of the site being stabilized and restored in accordance with the approved plan of the Planning Board and the LDSM performance bond has been placed by the applicant/landowner.

LDSM performance bond.

The requirements of § 435-33 herein are not met; or

The project violates or circumvents other provisions of this chapter or regulation; or

The project received a variance issued by the Zoning Board of Appeals from the requirements of § 435-33 herein without first receiving a favorable recommendation from the Planning Board.

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Inspectional Services Division, the Planning Board, Department of Public Works, and/or City designee may enter upon privately owned property for the purpose of performing their duties under this section and associated permits and may make or cause to be made inspections, surveys, or sampling as the Planning Board, Department of Public Works, and/or City designee deems reasonably necessary.

Violations.

Penalty. Any person who violates any provision of this section or a permit issued thereunder may be punished by a fine as provided in § 435-42B. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this section or the regulations or permits violated shall constitute a separate offense.

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, in which case the Department of Inspectional Services, the Planning Board, and the Engineering Department in the Department of Public Works shall be the enforcing person and the fine shall be as provided in § 435-42B. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this section or the regulations or permits violated shall constitute a separate offense.

Conforming lot and structure. The lot and structure shall conform to the dimensional regulations for mixed-use development applicable to the zoning district, as provided under § 435-27B, Table of Dimensional Regulations.

Parking requirements. Off-street parking shall be provided in accordance with the requirements set forth in § 435-24. Special provisions for parking relief, as provided under § 435-24I, may be considered, including exemptions from required number of parking spaces and proximity requirements, as applicable, but the requirement for number of parking spaces assigned to residential uses may not be reduced below 1.25 parking spaces per residential unit. The applicant shall demonstrate that the parking to be provided shall be adequate for the uses proposed. Conditions for approval of a special permit under § 435-24I for a reduction to the required number of parking spaces may include, at the discretion of the Planning Board, a contribution to a municipal parking program and/or support for public transportation or other transportation demand management programs. Such contribution shall be directly related to the reduction requested and shall not exceed 2% of the development costs attributed to the residential portion of the proposed development. Such contribution shall be credited to the development under a site plan review approval.

Open space and recreation enhancement. A minimum of 200 square feet of usable on-site outdoor open space or dedicated and usable common indoor recreation space for use by unit residents shall be provided for each dwelling unit proposed within a mixed-use development project. An applicant contribution to a program of off-site public improvements in the area of the proposed development, as set forth below, may be considered by the SPGA in partial satisfaction of this requirement. An applicant may contribute up to 1.5% of the development costs attributed to the residential portion of the proposed development to a program of off-site public open space, pedestrian improvements, public amenities, or community and cultural enhancements in order to enhance the quality of life for residents of the proposed development and the general public. Such contribution for off-site improvements shall be at the discretion of the Planning Board and shall be credited to the development under a site plan review approval.

(Mixed Use Regulations) Residential composition in a proposed Mixed Use development shall be comprised of studios, one-bedroom units and two-bedroom units only. In no case may other rooms in a unit be converted to additional bedrooms. Dwelling units within a Mixed Use development may measure no less than 600 square feet. No more than twenty percent (20%) of the units in a Mixed Use development proposal may consist of studio units. No more than three individuals unrelated by birth, marriage or adoption may occupy a dwelling unit in a Mixed Use development. The Planning Board may require a stipulation of said limit on unrelated individuals be included within all leases, condominium documents, protective covenants and other related documents.

Separation between residential uses and nonresidential uses. Residential uses and nonresidential uses in a mixed-use development shall be physically separated. Residential uses shall have separate and distinct entrances from nonresidential uses.

Community impact.

Following special permit for use, site plan review and other regulatory processes, and in accordance with an SPGA decision, the Building Commissioner may issue building permits for mixed-use development for a maximum of 300 residential units for mixed-use development per calendar year (with no rollover from a previous year). Of these 300 permitted residential units per year, no more than 250 residential units may be permitted for a specific development application in a given year. The Building Commissioner may not issue building permits for additional residential units in mixed-use development once the number of such units for which building permits have previously been issued reaches 3% of the total number of dwelling units in the Framingham. Any changes to the building permit limitations, as set forth herein, shall require approval by the City Council.

Purpose. The purpose of the limitation (or cap) on the number of dwelling units permitted in a mixed-use development is to promote orderly growth in a planned manner so that it will not unduly strain the community's ability to provide basic public facilities and services for an expanded residential population.

Applicability. This section shall apply to the issuance of all building permits for construction of dwelling units located in a mixed-use development for which a special permit decision of the Planning Board approving such development was filed with the City Clerk on or after the time of the adoption of this section.

Administration.

The Planning Board must also find that the proposed project with the waived requirement shall not be substantially more detrimental to the neighborhood than the project without the waiver. As a 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 and parking, municipal services and facilities, and the character of the neighborhood, including environmental and visual features.

To ensure that all development or redevelopment of 10 or more dwelling units generates a minimum of 10% affordable housing units which qualify for listing in the Massachusetts Department of Housing and Community Development's (DHCD) Subsidized Housing Inventory (SHI);

To ensure that such affordable housing is made available to all eligible households on a nondiscriminatory basis in accordance with the federal Fair Housing Act of 1968[1] and MGL c. 151B, as amended, and any regulations promulgated under federal and state law;

To ensure that such housing remains affordable over the long term, and that to the extent allowed by law, preference is given to Framingham residents;

To maintain an economically integrated community by promoting a mix and distribution of affordable housing opportunities throughout Framingham.

In any development subject to this § 435-35, at least 13% of the dwelling units shall be affordable housing units (AHU). 2% of this 13% shall be at or below 60% AMI. Fractional interests shall be rounded up to the next whole number. Nothing shall preclude an applicant from providing more AHUs than the number required herein.

Each AHU created under this § 435-35 shall be sold or rented to a qualified income-eligible household, except that when the applicant provides at least 1/2 of the required affordable units for households with income at or below 50% of AMI, adjusted for income, the remaining affordable units may be sold or rented to households with incomes up to 100% of AMI, adjusted for household size, if approved by the SPGA.

Except as provided under Subsection C(2) above, each AHU shall comply with DHCD's LIP guidelines for units not created under an MGL c. 40B comprehensive permit.

No building permit shall be issued for any unit in the development until the Building Commissioner receives verification that the AHR has been approved by DHCD and the City Solicitor, and has been recorded with the Middlesex South Registry of Deeds, and that the affirmative fair housing marketing plan under Subsection H below has been approved by DHCD.

Section 435-35 shall not apply to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty, provided that such rehabilitation or repair shall not increase the number of dwelling units on the lot as existed prior to the damage or destruction thereof, except in conformance with this section.

Active adult housing projects providing housing for adult residents age 55 and older approved by the Planning Board under the former Active Adult Housing Ordinance (Section V.I)[2] prior to the first publication of notice of this amendment to this chapter and filed with the Town or City Clerk shall comply with the conditions of the granted decision for the respective project for inclusionary housing.

Application, review, and decision procedures shall be in accordance with residential or residential mixed-use development regulations, §§ 435-46 and/or 435-47 of this chapter, and/or Chapter 530, Subdivision of Land, as amended. The Planning Board shall require that the applicant comply with the obligation to provide affordable housing pursuant to this section as provided below as a condition of approval of any residential development and/or redevelopment.

Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land that have been in the same common ownership at any time subsequent to the date of adoption of this § 435-35. This section shall be enforceable also against purchasers of land previously held in common ownership with land that received, after the date of adoption of this § 435-35, approvals or permits for development, to the effect that units developed under such previous development shall be counted toward the calculation of number of units under § 435-35C(1) and (2) herein.

A special permit may be granted for applicants who seek a density bonus for the inclusion of AHU within a residential project. The Planning Board shall be the SPGA for § 435-35F herein. One AHU shall be provided for every four market-rate units. The applicant shall be subject to all of the requirements of this section, unless modified within § 435-35F.

A density bonus pursuant to § 435-35F may be permitted for residential projects with a minimum of four residential building lots that are allowed by right.

Projects that provide four market-rate units and one AHU may reduce the lot size by 20% for each of the five lots. All other dimensional regulations in § 435-27B shall be met for each lot.

Additional lots in a project that do not meet the requirements of four market-rate units and one AHU shall not be eligible for a decrease in lot area. Therefore, if a project provides seven lots, only five of the lots shall be eligible for the 20% lot area decrease. However, 10 lots providing eight market-rate units and two AHUs shall be eligible for the 20% lot area decrease.

Restrictive documents. To ensure unit affordability, AHUs shall be rented or sold subject to applicable AHR, acceptable to the City and established in accordance with the standards of the DHCD, or its successor entity, or such additional programs as may be adopted by the commonwealth or its agencies, restricting the use and occupancy, rent level, and sales price of such AHUs.

Term of affordable housing restriction. An AHU shall ensure that AHUs created under this section shall remain affordable in perpetuity or for the longest period of time allowed by law. All restrictive documents shall be enforceable and renewable by the City pursuant to applicable law.

DHCD SHI. An AHU shall be restricted in its initial and any subsequent sale, lease, and/or rental to a qualified income-eligible household at a specific price limit that will qualify such residential unit for inclusion in the DHCD SHI.

Selection of eligible tenants and homeowners. There shall be a fair and reasonable procedure in compliance with fair housing laws for the selection of tenants for affordable rental units and for the selection of homeowners for affordable homeownership units. The City may contract with a quasi-public, public, and/or private entity, experienced in affordable housing operation, for provision of tenant and homeowner selection services but shall be required to monitor the performance of any private entity providing such services and shall retain final responsibility for ensuring compliance.

Income and asset limits. Qualified income-eligible household income of prospective purchasers and renters shall not exceed 80% of area median income based on household size as determined by HUD. A qualified purchaser or qualified renter shall also be required to demonstrate that total household assets, other than income, are not so high that a household has no substantial need of a rental unit with a reduced rent or of an ownership unit with a reduced purchase price.

Occupancy. The AHR for AHUs shall require, whether the unit initially is sold or rented, that the occupant(s) of that unit must be a qualified income-eligible household as defined in this § 435-35. This provision shall not prohibit a unit initially designated as owner-occupied from being leased, so long as it is a lease qualifying under the provisions hereunder and the occupant(s) is a qualified income-eligible household.

The Planning Board shall maintain an inventory of the City's AHU and shall prepare an annual report, a copy of which shall be provided to DHCD, stating the following:

Monitoring of rental units. AHUs shall be subject to an AHR that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction.

Monitoring of AHUs. Upon conveyance or resale, affordable homeownership units shall be monitored by the City, DHCD, or a qualified third party for compliance with the AHR's resale provisions. For all subsequent resales, it is the responsibility of the monitoring agent to establish a sales price.

Loss of eligibility status. Nothing in this section shall be construed to permit eviction of a qualified purchaser or qualified tenant of an AHU due to loss of their eligibility status during the time of ownership or term of lease or rental.

Transfer of AHU. The restrictions governing an AHU shall be enforced upon resale, rerental, and/or renewal of lease of the AHU. For owner-occupied units, the use restriction shall ensure that units may only be resold to qualified income-eligible households who are qualified purchasers or qualified renters consistent with the then-applicable income limits established by HUD or successor, and/or the DHCD or successor.

All restrictions remain in effect. Nothing in this section shall be construed to permit any deed rider, covenant, agreement, and/or other mechanism restricting such items as the use and occupancy, rent level, and resale price of AHUs, and the enforcement thereof, to expire prior to any maximum limitations set forth by applicable state law. It is intended that the restrictions required herein shall survive, to the limit allowed by law, including, but not limited to, bankruptcy and foreclosure.

Timing of commitments. All contractual agreements required hereunder and any documents necessary to ensure compliance with this section shall be approved as to content by the Planning Board and City Counsel prior to the issuance of any certificate of occupancy for newly constructed, redeveloped, rehabilitated, and/or rental units.

Approval of form and content of legal documents. The applicant shall be responsible for preparing any documentation required by DHCD in order to secure LIP approval of the AHU and ensure their eligibility for the DHCD SHI. Furthermore, the applicants shall prepare all AHR and/or legal instruments required to comply with § 435-35 herein, and such documents shall be in a form satisfactory to the City Solicitor. The applicant shall reimburse the City for reasonable legal expenses incurred by the City Solicitor in reviewing or revising said deed and legal instruments.

Recording of restrictions. The special permit decision, if applicable, and all restrictive covenants required under said special permit or this § 435-35 shall be recorded at the Registry of Deeds or filed with the Registry District of the Land Court, as applicable, prior to the endorsement of any subdivision plan for the development and before the issuance of any building permit for the development.

Content of restrictions. Where the Planning Board endorses a subdivision of land that contains tracts of land not divided into building lots, but which land could later trigger the provisions of § 435-35, the covenant for such subdivision shall note the potential for the provisions of § 435-35, Inclusionary housing, to apply to a later development.

The Adult housing (AH) section is intended to provide unique living opportunities for adult residents over the age of 62 years. The AH section is intended to develop parcels of land in such a way so as to preserve tracts of land while providing a variety of housing options and services to residents of the development. An AH development should strive to provide an integrated "live and play" type of environment through the inclusion of recreational space and trails, and medical and personal service space, while providing walkable connections and access to nearby neighborhoods, retail amenities, educational experiences, social events, and aging-in-place options.

The intent of AH is to encourage appropriate development that blends with surrounding land uses and neighborhoods, preserves large tracts of land, and creates a neighborhood environment that includes amenities for its users. This section is a land use application consistent with the goals and objectives of the Framingham Master Land Use Plan and Open Space and Recreation Plan.

Land requirements. To qualify for a special permit under this section, the special permit granting authority (SPGA) must find that the subject parcel satisfies all of the following conditions:

Development requirements.

Siting of residential structures. Structures within an AH development may be located on individual lots or on a common lot.

Amenity structures shall be designed to allow for a variety of passive and active recreational activities that support the residents of the AH development. Uses that may be considered are community program spaces; fitness/therapeutic space; educational, recreational, and accessory space; areas for neighborhood meetings and event space; country club amenities; and any other amenities and opportunities that are intended to create and promote an integrated-neighborhood-type environment.

A clubhouse may contain a space for personal services, therapists (physical, occupational, etc.) and/or medical professionals to serve its residents.

Residential units.

Design standards.

Parking.

Landscaping.

Infrastructure and roadways.

Affordable housing unit (AHU). All AH projects that are approved after January 1, 2019, under the minimum age requirement of 62 years of age shall comply with the requirements set forth in § 435-35 of this chapter.

Workforce housing units.

Affordable housing units for special permits issued prior to January 1, 2019, with a minimum age of 55 years or older. An applicant who has been granted a special permit for active adult housing by a decision of the Planning Board and filed with the Town or City Clerk prior to January 1, 2019, with a minimum age of 55 years or older shall comply with the conditions of the granted decision for the respective project for inclusionary housing.

Such parcel shall be placed under a CR in perpetuity pursuant to MGL c. 184, § 32, to ensure that said parcel shall remain conservation land in perpetuity. Once a CR has been placed on the preservation area, the construction of additional buildings is prohibited and no portion of the preservation area land shall be used to yield additional structures.

The municipality shall act through its Conservation Commission or Park and Recreation Commission, a land trust, or the Commonwealth of Massachusetts and shall hold the conservation restriction (CR). In all cases, the terms of the CR, including the nature and extent of public access and provisions for parcel maintenance, shall be reviewed and approved by the Planning Board, City Solicitor, and City Council prior to any permit being granted.

Prior to the issuance of the first building permit and at the expense of the applicant, the entire open space land area preserved under the preservation subdivision shall be placed under a CR in perpetuity and held by the municipality or a charitable corporation or trust whose purpose includes the conservation of land or may be held jointly with a charitable corporation or trust whose purposes includes the conservation of land.

The holder of the CR may allow for community gardens, passive recreation, trails, and recreation fields upon agreement by the CR holder and the landowner and/or homeowner trust, subject to the approval of the Secretary for the Executive Office of Energy and Environmental Affairs.

All of the above restrictions shall be incorporated into each respective deed as part of the CR.

Such age restriction shall limit the dwelling units to occupancy by at least one an adult who must be 62 years of age or older.

Marketing of units in an AH Development shall comply with all fair housing laws and shall include, to the extent legally allowable, a strategy for marketing units to Framingham residents and their immediate families.

In the event of the death of the qualifying owner/occupant(s), or foreclosure or other involuntary transfer of a unit in an AH development, an age-restriction exemption shall be allowed for the transfer of the unit to another household member for up to two years.

The applicant shall establish a homeowners' trust or association for the AH Development. The homeowners' trust/corporation shall operate in accordance with a homeowners' trust or association agreement, which shall be submitted to the Planning Board and the City Solicitor for review and approval prior to its recording or the sale of any unit or the release of the dwelling units.

The homeowners' trust/or association documents shall provide for the maintenance in perpetuity of the common-area lands and preservation area; the drainage system of the development, including any detention or retention basins; common sewage facilities; common leaching areas; streets and sidewalks; paths; common recreation and maintenance facilities; common parking structures and parking lots; and other common-use areas and facilities within the development.

Snow and rubbish removal within the project limits shall be the responsibility of the project owner/developer or subsequent homeowners' association, in perpetuity, with no responsibility on the part of the municipality.

Accessory drive-thru facility application. Applications for a new accessory drive-thru facility or for modification of existing structures submitted after the adoption of this section shall require a special permit from the Planning Board in conformance with the provisions of this section herein.

Elements of an accessory drive-thru facility. An accessory drive-thru facility is composed of the stacking lanes and the service area. A "stacking lane" is the space occupied by vehicles queuing for the service to be provided. The service area includes, but is not limited to, the order stations, windows, menu boards, speakers, and lighting.

The access points to the accessory drive-thru facility from the public way shall be constructed a sufficient distance from roadway intersections to prevent traffic conflicts, overflow, and congestion. When possible, the accessory drive-thru facility shall exit onto a secondary street.

The stacking lanes and service area shall be located to the side or rear of the buildings and site.

All driveways and stacking lanes shall be clearly delineated on-site with pavement markings and traffic control signage.

The exit from the accessory drive-thru facility shall have unobstructed lines of vision clear of vegetation and signage.

The maximum number of stacking lanes permitted for:

The accessory drive-thru facility shall be designed to reduce pedestrian and vehicular conflicts. A minimum of 75% of the parking spaces shall be designed so there are no conflicts between the stacking lanes and the pedestrian access into the establishment.

Adequate space shall be provided between the stacking lane and the parking field to maintain safe parking conditions.

The stacking lanes shall not block access to parking spaces, on-site loading areas, and trash-removal operations and facilities.

The stacking lanes shall be effectively separated from the parking field through the use of curbing, raised islands, and/or landscaping improvements. The Planning Board may permit the use of hardscape improvements such as decorative pavers and bollards to meet this design objective.

Each stacking space within a stacking lane shall be a minimum of 20 feet in length and 10 feet in width along straight portions and 12 feet in width along curved segments of the stacking lane.

All interior pedestrian crosswalks shall be a minimum of eight feet in width and constructed of material that contrasts with driveway and surface treatments. The Planning Board may require crosswalks to be raised up to curb level.

An emergency exit and/or bypass lane may be required for the stacking lane or service area.

The service area and stacking lanes shall be located a sufficient distance from the property line of adjacent uses to prevent noise or lighting impacts.

In addition to the standard requirements of this chapter, the Planning Board may require additional buffering and screening to effectively shield adjacent properties from a drive-thru facility.

When a drive-thru facility is proposed on a property within an historically or architecturally significant building as defined under Chapter 284, Historic Preservation, § 284-9, of this Code, the architectural-character-defining exterior elements of the building shall be preserved.

The service area shall incorporate weather-protection features.

All elements of the drive-thru shall be designed to provide adequate clearances as may be required by state and federal regulations with respect to the design of any architectural access features required under the Americans with Disabilities Act (ADA) and with 521 CMR, Architectural Access Board Rules and Regulations.

Fast-food establishment.

Financial institution. A minimum of three stacking spaces shall be provided before the transaction service (i.e., teller window, automated teller, or automated teller machine). If the facility has two stacking lanes, the stacking spaces may be divided between the two stacking lanes.

Pharmacy. A minimum of four stacking spaces shall be provided before the transaction service.

The Planning Board may by a special permit, four-fifths vote, waive the above-referenced provisions herein, if the Planning Board determines that an alternate design serves a public benefit or contributes to an overall better site design.

Any application for review and approval of a drive-thru facility shall also be subject to site plan review under § 435-47. The site plan review application shall be submitted concurrently with any special permit application.

Conditions and revocation of permit.

Further the goals and policies of the Master Land Use Plan;

Conform the development to existing topography and natural features better than a conventional or grid subdivision;

Consume less open land;

Create a residential neighborhood that provides opportunities for social interaction, such as walking and hiking in common land areas;

Utilize the most recent version of the Massachusetts Highway Department Project Development and Design Guide – Complete Street Design Techniques;

Utilize low-impact development design techniques;

Utilize green building design techniques; and

Facilitate the construction and maintenance of housing, streets, utilities, and public service in an economical and efficient manner.

This section shall apply to any parcel or parcels of land that are in one ownership throughout or any combination of parcels of land consolidated under a purchase and sale agreement where all such owners jointly apply for an NCD special permit. To be included in an application for an NCD special permit and defined herein as the NCD tract, such parcel or parcels must have definite boundaries ascertainable from a recorded deed or recorded plan and be located within a zone permitting an NCD.

The Planning Board may permit lots directly on opposite sides of a street, right-of-way, or public utility to qualify as a single NCD tract of land. To permit such division of an NCD tract of land by a street, right-of-way, or public utility, the Planning Board must find that this would comply with the purpose of this section and not result in any more dwelling units than would be possible in accordance with the provisions of this section if the lots on either side of the street, right-of-way, or public utility were developed separately. Such permit shall be subject to the dimensional regulations and design standards under § 435-38C herein.

Eligible properties shall be located in the Single-Family Residential Zoning Districts of R-1 or R-2 and shall be served by municipal public water and sewer. The total gross land area included within the NCD tract shall be at least four contiguous acres in size with a minimum of 40 feet of frontage on a street.

The Planning Board may issue a special permit under this section, subject to the requirements of this section, and in accordance with the additional requirements and standards specified within this § 435-38, only if no variance has been issued from the requirements of this § 435-38. A variance shall render a property ineligible for the filing of a NCD application and special permit under this section.

No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, or excavation except for purposes of soil testing, dredging or filling, or construction of buildings or structures, shall be done within 12 months prior to the filing of an NCD application. The above activities shall render a property ineligible for the filing of a NCD application and special permit under this section.

Permitted uses. Permitted uses in the NCD shall be single-family detached dwellings and/or townhouse dwellings with no more than three attached townhouse dwelling units. The Planning Board by an affirmative vote of at least four members may allow four attached dwelling units.

Density. The intensity of use for a NCD shall be determined through the use of the following density formula herein and shall be calculated in the order presented in 1) through 5) below.

Dimensional regulations. The dimensional regulations specified in § 435-27 are not applicable, except as specified herein. However, the Planning Board must find that such exceptions from § 435-27 will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations. The Planning Board shall not approve an NCD that does not comply with the following minimum standards in the table herein:

Design standards. The NCD shall be consistent with the following site development and building design standards:

Affordable housing requirement. NCD projects must comply with all the requirements of § 435-35, Inclusionary housing.

Neighborhood Cluster Development R-1 and R-2 Districts: NCD projects must comply with all the requirements of § 435-35, Inclusionary housing, in addition to providing the current required percentage of workforce housing units as amended from time to time.

Open space design. Common land shall be designed in large, contiguous units whenever possible. Strips or narrow parcels of common land shall be permitted only for access; to connect to other significant areas; or designed to protect linear resources such as trails or streams, wildlife corridors, or as vegetated buffer strips along the site's perimeter. Whenever possible, common land should connect with existing or potential conservation or common land areas on adjoining parcels.

Common land standards. The total area of common land shall meet or exceed the following standards:

Use of common land. The use of common land shall be solely for recreation, conservation, gardening, or park purposes by residents and/or the public. Where appropriate, multiple uses of common land are encouraged. Up to half of the required common land may be required to remain in its natural state. The proposed use of the common land shall be specified in the application. If several uses are proposed, the plans shall specify which uses will occur in which areas. The Planning Board shall have the authority to approve, disapprove, or recommend particular uses proposed for the common land.

Accessory structures. Up to 5% of the common land may be set aside and designated to allow for the construction of structures and facilities accessory to the proposed use of the common land, including parking for such uses.

Conveyance of common land. All or part of the common land may be conveyed:

Permanent restriction. Common land shall be subject to a permanent restrictive covenant to ensure that the open space is maintained and preserved as open space in perpetuity and shall provide for the following as may be applicable:

Encumbrances. All areas to be set aside as common land shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

Maintenance of common land. In any case where common land is not conveyed to the City, the applicant may be required to grant to the City a conservation restriction easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such restriction shall provide that in the event the trust, homeowners' association or any other owners fail to maintain the common land in reasonable condition, the City may, after notice to the lot owners, enter upon such land to maintain it in accordance with the requirements of this section and the special permit. The cost of such maintenance by the City shall be assessed against the properties within the development and/or to the owner of the common land. The City may file a lien against the lot or lots to ensure payment of such maintenance expenses.

Monumentation. Where the boundaries of the common land are not readily observable in the field, the Planning Board may require placement of permanent surveyed bounds sufficient to identify the location of the common land.

Applicants shall submit an NCD plan developed by an interdisciplinary team of professionals, including, but not limited to, a registered professional engineer and a registered landscape architect both registered in the Commonwealth of Massachusetts, and other professionals as determined by the applicant and Planning Board. The interdisciplinary team is essential to the project to ensure that development within the NCD for both residential development and common land preservation best fits the land.

The applicant shall submit an application for an NCD special permit as specified in the neighborhood cluster development application and procedure requirements of Chapter 525, Planning Board Rules and Regulations, as amended from time to time.

The open space cluster development (OSCD) section shall apply to parcels of land within the City of Framingham that meet the definition of "open space parcel (OSP)." The OSCD section provides landowners with an alternative to conventional residential subdivision while protecting a large portion of the property in its current state or use.

The intent of this section is to:

Applicability. To qualify for a special permit under the OSCD, the proposed land shall be:

Development requirements. The development of the open space parcel shall require the following conditions:

Dimensional regulations. The OSCD shall comply with the Table of Dimensional Regulations in this subsection. However, the Planning Board may waive the requirements of the Table of Dimensional Regulations by a four-fifths vote where such waivers will allow for a better design and/or improved protection of natural and scenic resources.

Design standards. The building parcel shall be consistent with the following site development and building design standards:

Common open space area.

Open space and connectivity.

The City of Framingham acting through its Conservation Commission, a land trust, or the Commonwealth of Massachusetts shall hold the CR. The CR of the open space preserved area shall not remain under open space preserved area owner. In no event may the land subject to the CR be combined, included or joined with or considered as part of the open space buildable parcel nor shall the owner of the open space preserved area hold the CR. In all cases, the terms of the CR, including the nature and extent of public access and provisions for property maintenance, must be reviewed and approved by the Planning Board and the City Solicitor.

The entire open space preserved area shall be placed under a CR in perpetuity prior to the issuance of the first building permit at the expense of the applicant, held by the City of Framingham and a nonprofit land trust.

The CR shall be drafted to include the provision that no active recreational facilities shall occur on the open space preserved area. The holder of the CR may allow for passive recreation opportunities on the open space preserved area through consent with the owner of the land.

All of the above restrictions must be written into the CR.

Preapplication meeting. The applicant shall be required to attend a preapplication meeting with the Planning Board prior to submitting a formal application for OSCD. Materials shall be submitted prior to the meeting with the Planning Board and shall include a preliminary plan and proposed site plan as required in § 435-39B(2)(a) and (d). The preapplication meeting, preliminary materials, and discussions within the meeting shall not be binding upon the Planning Board or applicant for the final approval of the project.

Application submittal. Application: The applicant shall apply for a special permit and site plan review (§ 435-47) from the Planning Board.

Approval. The review procedure shall be in conformance with MGL c. 40A, §§ 9 and 11, and § 435-46 of this chapter and other permitting and approval processes as may be applicable. The Planning Board may require the applicant to fund project review consultants to assist in the technical review of the proposal in accordance with the Planning Board's administrative rules and regulations and MGL c. 44, § 53G.

Homeowners' and/or condominium association documentation. Homeowners' and/or condominium association documentation shall be submitted to the Planning Board prior to the approval of an OSCD.

Variance limitation. The Planning Board may issue a special permit under this section, subject to the requirements of this chapter, and in accordance with the additional requirements and standards specified within this § 435-39, only if no variance has been issued from the requirements of this § 435-39 herein. A variance under § 435-39 shall render a property ineligible for the filing of an OSCD application and special permit under this section.

No alterations. No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, alteration of or near a wetland or vernal pool or excavation except for purposes of soil testing shall be done within 12 months prior to the filing of an OSCD application. The above activities shall render a property ineligible for the filing of an OSCD application and special permit under this section. For the purposes of soil testing and/or well testing, the applicant shall seek appropriate approvals through the Conservation Commission and the Board of Heath.

The agricultural preservation development (APD) section shall apply to parcels of land within the City of Framingham that meet the definition of an active farm. The APD provides landowners with an opportunity to sell up to 30% of their land for a residential cluster development while protecting a minimum of 70% of the property as an active farm parcel.

The intent of the APD section is to:

Applicability. To qualify for a special permit under the APD as an active farm, the proposed land shall be:

Development requirements. The development of the active farm parcel shall require the following conditions:

Dimensional regulations. The APD shall comply with the Table of Dimensional Regulations in this subsection. However, the Planning Board may waive the requirements of the Table of Dimensional Regulations by a four-fifths vote where such waivers will allow for better design and/or improved protection of natural and scenic resources.

Design standards. The buildable parcel shall be consistent with the following site development and building design standards:

Common open space.

Open space and connectivity.

The City of Framingham, acting through its Conservation Commission, a land trust, or the Commonwealth of Massachusetts, may hold the APR. In no event may the land subject to the APR be combined, included or joined with or considered as part of the buildable parcel. The APR shall not be held under the active farm or active farmer. In all cases, the terms of the APR, including the nature and extent of public access and provisions for property maintenance, must be reviewed and approved by the Planning Board and the City Solicitor.

The entire active farm shall be placed under an APR in perpetuity prior to the issuance of the first building permit at the expense of the applicant. The APR shall be held by the City of Framingham and/or a nonprofit land trust.

Additional buildings for the use essential to the active farm such as barns, temporary structures, or other accessory buildings within the APR area may be allowed by modification of the approved plan by the Planning Board.

All of the above restrictions must be written into the APR. The active farm subject to an APR may be sold or leased as an active farm to a farmer who will continue to maintain the agricultural use of the land.

Preapplication meeting. The applicant shall be required to attend a preapplication meeting with the Planning Board prior to submitting a formal application for APD. Materials shall be submitted prior to the meeting with the Planning Board and shall include the preliminary plan as required in § 435-40B(2)(a) and (d). The preapplication meeting, preliminary materials, and discussions within the conference shall not be binding upon the Planning Board or applicant for the final approval of the project.

Application submittal. The applicant shall apply for a special permit and site plan review (§ 435-47) from the Planning Board.

Approval. The review procedure shall be in conformance with MGL c. 40A, §§ 9 and 11, and § 435-46 of this chapter and other permitting and approval processes as may be applicable. The Planning Board may require the applicant to fund project peer review consultants to assist in the technical review of the proposal in accordance with Chapter 525, Planning Board Rules and Regulations, and MGL c. 44, § 53G.

Homeowners' and/or condominium association documentation. Homeowners' and/or condominium association documentation shall be submitted to the Planning Board prior to the approval of an APD. Documentation shall include a statement regarding the acknowledgement of an existing working farm abutting the parcel, which shall not be deemed as a nuisance.

Variance limitations. The Planning Board may issue a special permit under this section, subject to the requirements of this section, and in accordance with the additional requirements and standards specified within this § 435-40, only if no variance has been issued from the requirements of this § 435-40 herein. A variance under § 435-40 shall render a property ineligible for the filing of an APD application and special permit under this section.

No alterations. No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, alteration of or near a wetland or vernal pool or excavation except for purposes of soil testing shall be done within 12 months prior to the filing of an APD application. The above activities shall render a property ineligible for the filing of an APD application and special permit under this section. For the purposes of soil testing and/or well testing, the applicant shall seek appropriate approvals through the Conservation Commission and the Board of Heath.

The giving parcel.

The receiving parcel.

Agriculture preservation restriction or conservation restriction process. The giving parcel must meet the following requirements: