Gardner, MA Zoning Ordinance

The Floodplain Overlay District is herein established as an overlay district.

The purposes of the Floodplain Overlay District are to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response to and cleanup of flooding conditions.

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

Location. The District includes all special flood hazard areas within Gardner designated as Zone A or AE on the Worcester County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the City Clerk, Planning Board, Building Commissioner, Conservation Commission and City Engineer.

The City of Gardner hereby designates the position of City Engineer to be the official floodplain administrator for the City.

FUNCTIONALLY DEPENDENT USE

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [44 CFR Part 59]

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities. [44 CFR Part 59; also Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]

HISTORIC STRUCTURE

Means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[44 CFR Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

Means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [44 CFR Part 59]

Floodplain Overlay District boundaries and base flood elevation and floodway data.

Base flood elevation and floodway data.

Floodway data. 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.

Base flood elevation data. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Notification of watercourse alteration.

In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (if affected).

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

If the City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

Use regulations.

Compliance with state regulations.

The Floodplain Overlay District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 3107, Flood- Resistant Construction).

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

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

Variances to building code floodplain standards. The City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official, that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

Local use regulations.

All subdivision proposals and development proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of the site and elevations of existing structures must be included on plan proposal.

There shall be established a routing procedure which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, City Engineer, Building Commissioner and Planning Director for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.

Variances to the City of Gardner Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP): A variance from this section must meet the requirements set out by state law, and may only be granted if:

Good and sufficient cause and exceptional non-financial hardship exist; and

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Permitted uses.

The purpose of the Floodplain Overlay District, as noted above, is to preserve and maintain the groundwater table; to protect the public health and safety, persons and property against the hazards of floodwater inundation, for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamps, in marshes, along watercourses, or in areas subject to floods; and to conserve natural conditions, wildlife, and open spaces for the education, recreation and general welfare of the public.

Notwithstanding the provisions hereof, nothing herein shall be deemed to permit a building, structure or use which is not permitted in the underlying district.

Within a Floodplain Overlay District, no dwelling or building shall be erected, altered, or used and no premises shall be used except for one or more of the following uses:

Any woodland, grassland, wetland, agricultural, horticultural or recreational use of land or water not requiring filling. Buildings and sheds not accessory to any of the floodplain uses are permitted by special permit from the Planning Board. Notice of each floodplain building permit application shall be given to the City Public Works Department, to the City Board of Health, to the City Engineer and to the City Conservation Commission as well as all other parties as required.

Within A and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

The Planning Board, on hearing such application, shall consider, in addition to any factors said Board deems pertinent, the following aspects with respect to flooding and Floodplain District zoning provisions: that any such building or structure shall be designed, placed and constructed to offer a minimum obstruction to the flow of water; that it shall be firmly anchored to prevent floating away; and that it shall be constructed in accordance with the requirements of the State Building Code.

Applications for revisions to the FIRM should be submitted to FEMA for review and approval under the letter of map amendment and letter of map revision process.

Prohibited uses.

Notwithstanding Subsection E(3) above, the following shall be prohibited in the Floodplain Overlay District:

Landfill or dumping.

Drainage other than flood control works by an authorized public agency.

Damming or relocation of any watercourse except as part of an overall drainage basin plan.

Permanent storage of materials or equipment.

In any Floodplain Overlay District, after the adoption of this provision, no land, building, or structure shall be used for sustained human occupancy except dwellings theretofore lawfully existing or land, buildings or structures which comply with the provisions of this chapter.

In Zones A and AE, along watercourses that have a regulatory floodway designated on the City's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Permits.

The City of Gardner requires a special permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

The City's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

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

Severability. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.

§ 675-520 Groundwater Protection Overlay District.

Purpose. The purpose of the Groundwater Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

Authority. The Groundwater Protection Overlay Districts are adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the commonwealth.

Definitions. For the purposes of this section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this section.

AQUIFER

Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c. 140B, § 1.

Code of Massachusetts Regulations.

Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c. 128, § 64.

GROUNDWATER PROTECTION OVERLAY DISTRICT

Massachusetts Department of Environmental Protection.

Those land areas designated on a map adopted pursuant to this section that provide recharge to an existing or planned public drinking water supply well. The Groundwater Protection District includes all areas designated as Zone II and approved by the DEP.

Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners in quantities greater than normal household use, and all substances defined as hazardous or toxic under MGL c. 21C and 21E and 310 CMR 30.00.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

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(6).

A facility operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.C. § 4004(a) and (b)], 42 U.S.C. § 6901 et seq., or state regulations and criteria for solid waste disposal.

Petroleum or petroleum by-product, including but not limited to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including but not limited to liquefied natural gas, propane or butane.

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 DEP-approved Zone I, Zone II, or Zone III areas.

The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. "Septage" does not include any material that is a hazardous waste as defined by 310 CMR 30.000.

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 a 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, which 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 which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A.

ZONE I

The DEP-designated protective radius around a public water system well or well field.

ZONE II

The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.

Establishment of districts. The Groundwater Protection Overlay Districts are herein established as overlay districts and shall include all lands within the City of Gardner lying within the primary recharge areas of groundwater wells which provide existing and future public water supply. The Groundwater Protection Overlay District is described on a map titled "City of Gardner Water Supply Protection Districts," prepared by the Gardner Engineering Department, dated revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the Zoning Map of Gardner, Massachusetts, on file in the City Clerk's office.

Boundary disputes.

Resolution of boundary disputes. If the location of the Groundwater Protection Overlay 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 as special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

Burden of proof. 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 a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer, 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.

Lot divided by district line. Where the boundary line of the Groundwater Protection Overlay District divides a lot or parcel, the requirements established by this section shall apply only to the portion of the lot or parcel located within the district.

Amendment of map. Amendments to the map of the Groundwater Protection Overlay District require City Council approval.

Use regulations. The Groundwater Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this chapter. Within a Groundwater Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Groundwater Protection Overlay District are more stringent.

Permitted uses. The following uses are permitted within the Groundwater Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

Conservation of soil, water, plants, and wildlife.

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.

Maintenance, repair, and enlargement of any existing structure, subject to applicable provisions of this section.

Residential development, subject to applicable provisions of this section.

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to applicable provisions of this section.

Construction, maintenance, repair, and enlargement of drinking water supply related facilities, such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

Any use permitted in the underlying zoning, except for those uses otherwise regulated herein.

Prohibited uses. The following uses are prohibited within the Groundwater Protection Overlay District:

Landfills and open dumps, as defined in 310 CMR 19.006.

Landfills receiving only wastewater residuals and/or septage (wastewater residuals monofills) approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and any regulations promulgated thereunder.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.

Petroleum, fuel oil and heating oil bulk stations and terminals, including but not limited to those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983. Standard Industrial Classification codes are established by the United States Office of Management and Budget and may be determined by referring to the publication "Standard Industrial Classification Manual" and any subsequent amendments thereto.

Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) codes set forth in 310 CMR 15.004(6) (Title 5), except the following:

The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Publicly owned treatment works or POTWs.

Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000;

Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; and

Waste oil retention facilities required by MGL c. 21, § 52A.

Any floor drainage systems in existing facilities, in industrial or commercial hazardous material and/or hazardous waste process areas or storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 10.00), connect the drain to a municipal sewer system (with all appropriate permits and pretreatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.

Uses permitted by special permit. The following uses are permitted within the Groundwater Protection Overlay District by special permit from the Planning Board, when designed in accordance with the performance standards specified below, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

Storage of sludge and septage, as defined in 310 CMR 32.05, when such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manures, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.

Storage of liquid hazardous materials, as defined in MGL c. 21E, and/or liquid petroleum products when such storage is above ground level and on an impervious surface and either in a container(s) or aboveground tank(s) within a building or 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; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided that the replacement is performed in a manner consistent with state and local requirements.

The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), when the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high-water mark, and except for excavations for the construction of building foundations or the installation of utility works, or wetland restoration work conducted in accordance with a valid order of condition issued pursuant to MGL c. 131, § 40.

Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot or parcel, whichever is greater, when a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.

Special permit procedures.

Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in Subsection F(3) are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.

Rules and regulations. The Planning Board may adopt and from time to time amend rules and regulations which shall prescribe the size, form, content, and style of the plans and procedures for submission and approval of such special permit. These rules and regulations shall be filed with the City Clerk.

Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case, within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Submittals. All applications for a special permit shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

A site plan, submitted on twenty-four-inch-by-thirty-six-inch sheets, on a minimum scale of one-inch equals 40 feet, and prepared by a registered professional engineer and a registered land surveyor. Site plans submitted under this section shall also include the following:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of groundwater by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seedings, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Sediment and erosion control structures, such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation, together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure;

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installation, duration of exposure of soils and critical area stabilizations, both temporary and permanent. Indicate date when critical areas stabilization, paving, seeding, mulching, or sodding is to be completed; and

General notes for sediment control that spell out the procedures for implementing the plan.

The technical reference to be used to prepare and review site plans is "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts," United States Department of Agriculture, Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to be used include, but are not limited to:

Limit grading to only those areas actively undergoing current construction.

The smallest practical area of land should be exposed at one time during development.

Limit the length of time graded areas are exposed.

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days.

Retain and protect as much of the natural vegetation as possible.

Permanent improvements such as streets, utilities, storm sewers, vegetated waterways, and other features of the development should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction.

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means.

Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way to reduce the length of slope between berms to not more than 250 feet.

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all of the information set forth below, if applicable:

A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage and to provide for control of spills.

A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage and to provide for control of spills.

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a system for groundwater recharge must be provided that does not degrade groundwater quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.

For stockpiling or disposal of snow from outside the district, earthmoving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge of process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Groundwater quality resulting from on-site wastewater disposal or other operations on site shall not fall below the more restrictive of federal or state standards for drinking water or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Groundwater Protection Overlay District without a written advisory report from the Gardner Board of Health.

Enforcement.

Notice. Written notice of any violations of this section shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-530 Development Overlay District 1.

Purpose. The purpose of this district is to increase redevelopment options consistent with City-wide growth and development policies within economically stressed areas zoned Industrial 1 and/or Commercial 1 by providing for additional uses as a matter of right or special permit and altering dimensional requirements.

Scope of authority.

The Development Overlay District 1 may be applied over some or all existing parcels that are zoned Industrial 1 and/or Commercial 1; it may not be applied over any other zoning district.

Any use permitted by right or special permit in the underlying districts, as provided for by this chapter, shall continue to be permitted in addition to all other uses permitted by the Development Overlay District 1.

Designation of Development Overlay District 1.

The City Council retains sole authority to designate an area as Development Overlay District 1. Such designation is limited to areas zoned Industrial 1 and Commercial 1 that clearly exhibit the impacts of economic stress. Criteria for measuring economic stress include vacancy rates, incidences of arson, declining property values, Building Code violations, property tax delinquencies and inclusion in ongoing revitalization efforts.

The Planning Board shall make a recommendation to the City Council on a proposed designation of a Development Overlay District 1 in accordance with the provisions of MGL c. 40A, § 5, only after consultations with relevant agencies and a public hearing. The request for designation shall contain a report of finding.

Additional uses.

Properties zoned Industrial 1 and designated a Development Overlay District 1 shall be permitted the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Properties zoned Industrial 1 and designated a Development Overlay District 1 shall be permitted the following uses under a special permit by the Planning Board as provided in § 675-1170, Special permits:

Three- or four-family dwelling, multifamily dwelling and mixed use.

Eat-in restaurant serving food or beverages.

Eat-in restaurant serving food or beverages with live or mechanical entertainment.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 5,000 square feet.

Minimum frontage: none. However, recorded documentation of legal access to the property shall be required.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Improvements or alterations to an existing structure involving less than 50% of that structure's gross floor area shall not be subject to dimensional requirements, except that the minimum lot size shall not be less than 5,000 square feet and the structure shall not expand in terms of percentage of lot coverage.

Parking requirements. Off-street parking shall be provided according to the schedule of parking uses, § 675-750, except as follows:

Parking Requirements: Development Overlay District 1
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats
Library, museum, art gallery or civic center	2 spaces per 1,000 square feet gross floor area
Three-, four-family and multifamily dwelling units	1 space per dwelling for units not exceeding 1 bedroom. 2 spaces per dwelling for units with two or more bedrooms
Mixed use	Sum of various uses computed separately

Site plan review. The site plan review and approval provisions of § 675-1010, Site plan review, shall apply to the following types of structures and uses in a Development Overlay District 1:

Any new structure or group of new structures under the same ownership on the same or contiguous lots that consists of 2,500 square feet or more of gross floor area.

Any improvement, alteration, or change in use which results in an increase of 2,500 square feet or more of gross floor area.

§ 675-540 Smart Growth Planned Unit Development.

Purpose. By special permit, the Planning Board seeks to facilitate an alternative pattern of land development which promotes innovative design with compact, mixed-use development that is convenient to a variety of transportation options, to preserve common open space, and to promote the creation of new housing units that are contained in a variety of building types and laid out in a manner to promote the establishment of a pedestrian-oriented neighborhood(s). This type of development may be determined to be sufficiently advantageous to render it appropriate to grant special permission to depart from the normal requirements of the district to the extent authorized by this chapter.

Applicability.

Smart Growth Planned Unit Development (SGPUD) is allowed in the RR2, COM2, IND1 and IND2 Zones. Proposed SGPUD shall be located on a lot or contiguous lots of not less than 60,000 square feet in the RR2 Zone and shall employ public water and sewage. In the COM2 and IND2 Zones, the tract shall contain no less than 60,000 square feet. In the IND1 Zone, the tract shall contain no less than 50,000 square feet. A development plan shall be presented for the entire tract.

The development shall be subject to all zoning regulations, except those which, through the grant of a special permit, the Planning Board has permitted increased density, parking requirements less than those ordinarily required, and permit uses not otherwise allowed in the underlying zoning district as specified in§ 675-540C, Allowed uses.

Allowed uses. In addition to the uses allowed in the underlying district, the following uses are eligible for consideration:

Mixed use.

Single-, two-, three- and four-family dwellings.

Multifamily dwellings.

Assisted living facilities.

Convenience retail.

Business or professional office.

Restaurant.

Office building.

Density and dimensional requirements.

The minimum common open space requirement of the overall tract in the RR2 shall be 30%, exclusive of areas located in floodplains and wetlands. In the COM2, IND1 and IND2, the minimum common open space requirement of the overall tract is 20%, exclusive of areas located in floodplains and wetlands.

Multifamily residential structures shall contain no more than eight units per building and shall be clustered to foster neighborhood connections. Residential density shall not exceed 20 units per acre, to be calculated exclusive of areas located in flood zones and wetlands.

The area developed for residential use shall not exceed 50% of the overall tract, exclusive of areas located in floodplains and wetlands.

Setbacks. Industrial uses shall be set back a minimum of 20 feet from commercial uses and 50 feet from residential uses. The Planning Board retains the authority to increase minimum setbacks at its discretion in the interest of safety, circulation, or other factors.

Maximum building height shall be 65 feet.

Parking and other requirements.

Parking shall be in accordance with those requirements set forth in § 675-750, Schedule of parking uses. The Planning Board may allow for shared use parking if the applicant can prove the specified parking demand will occur at different and offsetting times of day. The use of shared parking is encouraged to reduce impervious surfaces and enhance overall design of the development.

Proposed developments which include over 12 residential units shall require 20% of the overall number of units to be affordable to persons and families earning 80% or less of the area's median income, and these units shall remain affordable for a minimum period of 30 years.

Site plan review. All developments proposed for SGPUD shall undergo site plan review. For the convenience of the applicant, site plan review and applications for a special permit pursuant to this section shall be held concurrently. The applicant will be responsible for submitting a request and meeting all submission requirements concurrently in order to streamline notice and hearing requirements.

§ 675-550 Surface Water Protection Overlay District.

Purpose. The purpose of the Surface Water Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

Authority. The Surface Water Protection Overlay Districts are adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the commonwealth.

Code of Massachusetts Regulations.

Massachusetts Department of Environmental Protection.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

Petroleum or petroleum by-product, including but not limited to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including but not limited to liquefied natural gas, propane or butane.

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 DEP-approved Zone I, Zone II, or Zone III areas.

SURFACE WATER PROTECTION OVERLAY DISTRICT

Those land areas designated on a map adopted pursuant to this section that provide recharge to an existing or planned public drinking water supply well. The Surface Water Protection District includes all areas designated as a Zone A and Zone B as approved by the DEP and Zone C+.

Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.

ZONE A

The land area between the surface water source and the upper boundary of the bank, and the land area within a 400-foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), and the land area within a 200-foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.

ZONE B

The land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.

ZONE C+

The land area not within Zone A and Zone B delineated on a map titled "City of Gardner Water Supply Protection Districts" prepared by the Engineering Department, dated revised January 5, 2011.

Establishment of districts. The Surface Water Protection Overlay Districts, which consist of Zone A, Zone B and Zone C+, are herein established as overlay districts. These districts are described on a map titled "City of Gardner Water Supply Protection Districts," prepared for the Gardner Engineering Department, dated revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the Zoning Map of Gardner, Massachusetts, on file in the City Clerk's office.

Boundary disputes.

Resolution of 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 as special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

Burden of proof. 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 a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor or other qualified expert 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.

Lot divided by district line. Where the boundary line of the Surface Water Protection Overlay District divides a lot or parcel, the requirements established by this section shall apply only to the portion of the lot or parcel located within the district.

Amendment of map. Amendments to the map of the Surface Water Protection Overlay District require City Council approval.

Use regulations. The Surface Water Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this chapter. Within a Surface Water Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Surface Water Protection Overlay District are more stringent.

Prohibited uses in Zones A, B and C+. The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:

Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000; and

Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface water.

Uncovered or uncontained storage of fertilizers.

Uncovered or uncontained storage of road or parking lot de-icing and sanding materials.

Storage or disposal of snow or ice, removed from highways and streets, outside of Zone A, that contains de-icing chemicals.

Uncovered or uncontained storage of manure.

Junk and salvage operations.

Aboveground storage of liquid hazardous material, as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:

The storage is incidental to normal household use, outdoor maintenance, or the heating of a structure; use of emergency generators; or a response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); and

The storage is either in a container(s) or aboveground tank(s) within a building or 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. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided that the replacement is performed in accordance with applicable state and local requirements.

Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:

The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;

Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with 310 CMR 15.000, the State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided that the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00 and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge;

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Discharge by a public water system of waters incidental to water treatment processes.

Uses prohibited in Zone A but allowed by special permit in Zone B and C+:

Sand and gravel excavation operations;

Motor vehicle repair operations;

Cemeteries (human and animal) and mausoleums;

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00;

Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater;

Commercial outdoor washing of vehicles and commercial car washes; and

All underground storage tanks.

Special permit procedures.

Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in this Subsection G are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed.

Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case, within 35 days of receipt of the reviewing party of all the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. If the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Submittals. All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of surface water by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seeding, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Sediment and erosion control structures such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation, together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure;

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

General notes for sediment control that spell out the procedures for implementing the plan.

Limit grading to only those areas actively undergoing current construction;

The smallest practical area of land should be exposed at one time during development;

Limit the length of time graded areas are exposed;

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days;

Retain and protect as much of the natural vegetation as possible;

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means;

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all the information set forth below, if applicable:

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a system for groundwater recharge must be provided that does not degrade surface water quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.

For stockpiling or disposal of snow from outside the district, earthmoving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge of process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on surface water and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Surface water quality resulting from on-site wastewater disposal or other operations on site shall not fall below the more restrictive of federal or state standards for drinking water or, if existing surface water quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Surface Water Protection Overlay District without a written advisory report from the Gardner Board of Health.

Miscellaneous provisions.

Relation to Groundwater Protection Overlay Districts. In those instances where a surface water supply is located near a groundwater well, the Zone A, Zone B and Zone C+ established herein and the Zone II established to protect the wellhead in § 675-520 may overlap one another. In such cases of overlap, the more stringent regulation shall apply.

Notice of enforcement. Written notice of any violations of this section shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-560 Large-Scale Ground-Mounted Solar Photovoltaic Overlay District.

Purpose and applicability.

The purpose of this section is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation and/or repair of large-scale ground-mounted solar photovoltaic installations.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

Designation of overlay locations. The overlay locations designated by Gardner City Council, in accordance with MGL c. 40A, § 5, where ground-mounted large-scale solar photovoltaic installations may be sited as of right. Said overlay locations are shown on the Zoning Map of Gardner, Massachusetts, pursuant to MGL c. 40A, § 4. This map is hereby made a part of this chapter and is on file in the office of the City Clerk.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AS-OF-RIGHT SITING

Development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review to determine conformance with local zoning ordinances. Projects cannot be prohibited but can be reasonably regulated by the Building Commissioner and/or person designated by the Planning Board.

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 DC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SITE PLAN REVIEW

Review by the Planning Board pursuant to § 675-1010 of this chapter.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

General requirements for all large-scale solar power generation installations. The following requirements are common to all solar photovoltaic installations to be sited in designated overlay locations:

Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, 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 solar photovoltaic installation shall be constructed in accordance with the State Building Code.

Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Fees. The application for site plan review for a large-scale solar photovoltaic installation must be accompanied by a fee of $200 plus $50 per acre for each acre used to accommodate the solar photovoltaic installation. All costs associated with advertising public hearing(s) for site plan review shall be paid by the applicant.

Site plan review. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section.

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:

A site plan showing:

Property lines and physical features, including roads, for the project site;

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

Drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

[d]

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

[e]

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

[f]

Name, address, and contact information for proposed system installer;

[g]

Name, address, phone number and signature of the project proponent, as well as all coproponents or property owners, if any; and

[h]

The name, contact information and signature of any agents representing the project proponent;

Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];

An operation and maintenance plan [see also Subsection D(6)];

Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];

Proof of liability insurance; and

Description of financial surety that satisfies Subsection D(12)(c).

The Planning Board may waive documentary requirements as it deems appropriate.

Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

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

Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until written 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 solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimension and density requirements.

Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Front yard. The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a residential district, the front yard shall not be less than 50 feet.

Side yard. Each side yard shall have a depth of at least 15 feet; provided, however, that where the lot abuts a residential district, the side yard shall not be less than 50 feet.

Rear yard. The rear yard depth shall be at least 20 feet; provided, however, that where the lot abuts a residential district, the rear yard shall not be less than 50 feet.

Appurtenant structures. No appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be located in the front yard area. No appurtenant structures shall be located in any side yard area nearer than 10 feet to the side lot line, or in a rear yard area nearer than 15 feet. All appurtenant structures shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

(9)

Design standards.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article IX, Signs and Advertising Devices, of this chapter. A sign consistent with Article IX shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

(10)

Safety and environmental standards.

Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Gardner Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and ordinances.

(11)

Monitoring and maintenance.

Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic 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 and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way. Landscaping, including vegetation used for screening, shall be maintained in good condition.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

(12)

Abandonment or decommissioning.

Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection D(12)(b) of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board and Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruption to vegetation.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than six months without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic 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.

Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event that the City must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the Planning Board. Such surety will not be required for municipally owned or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The Planning Board may request the proponent to provide an update of the fully inclusive estimate of costs associated with removal every five years following the issuance of a building permit. The Planning Board may require the proponent to provide additional surety based on the updated cost estimate.

§ 675-570 Mill Street Corridor Development Overlay District.

Purpose: to encourage commercial and industrial development and increase redevelopment options in the Mill Street Corridor Urban Renewal Area (MSCURA), to provide local employment and enhance the tax base while protecting surrounding neighborhoods from land use conflicts. Redevelopment options will be consistent with City-wide growth and development policies within economically stressed areas within the MSCURA by providing for additional uses as a matter of right and altering dimensional requirements.

Scope of authority.

The Mill Street Corridor Development Overlay District (MSCDOD) shall only be applied over all parcels that are included in the Mill Street Corridor Urban Renewal Area.

Any use permitted by right or special permit in the underlying districts, as provided for by this section, shall continue to be permitted in addition to all other uses permitted by the MSCDOD.

Site plan review. All developments proposed for MSCDOD shall undergo site plan review in accordance with § 675-1010. Site plan review shall apply to any new structure or group of structures under the same ownership on the same or contiguous lots that consist of 2,500 square feet or more of gross floor area; or any improvement, alteration, or change in use which results in an increase of 2,500 square feet or more of gross floor area.

Waivers. The Planning Board may modify or waive any requirement of the overlay district upon finding that, due to topography, location, or unusual conditions affecting the property, the requirements of this section would unreasonably restrict development of the property. In modifying or waiving these provisions, the Planning Board may impose conditions it deems necessary to protect the public interest and promote the orderly development of the corridor.

Designation of Mill Street Corridor Development Overlay District. Designation is limited to parcels that are included in the Mill Street Corridor Urban Renewal Area due to the areas economic stress. Criteria for measuring economic stress include vacancy rates, incidences of arson, declining property values, building code violations, property tax delinquencies and inclusion in ongoing revitalization efforts.

Additional uses.

Properties included in the MSCDOD shall be permitted for the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store, regardless of square footage.

Restaurant, fast food, including appurtenant structures to provide drive-through or drive-in services.

Restaurant serving food or beverages with live or mechanical entertainment.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 60,000 square feet.

Minimum frontage: none.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet, or 40 feet if abuts residential zone.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Improvements or alterations to an existing structure involving less than 50% of that structure's gross floor area shall not be subject to dimensional requirements, except that the minimum lot size shall not be less than 60,000 square feet and the structure shall not expand in terms of percentage of lot coverage, and side and rear setbacks shall be met.

Design and preservation standards.

The provisions of § 675-750, Schedule of parking uses; loading areas, shall apply unless superseded by the following standards.

Parking Requirements MSCDOD
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats plus 1 space per employee, or 1 space per 75 square feet of assembly area
Library, museum, art gallery, civic center, or recreational facilities	2 spaces per 1,000 square feet gross floor area
Outdoor recreation	1 space per 1,000 square feet of recreational land area

Parking lot design. The provisions of § 675-770, Design requirements for parking lots, facilities, and drive-throughs, shall apply unless superseded by the following standards.

Sidewalks and pedestrian paths shall connect the lots to the principal uses they will serve. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas. Car stops shall be provided to prevent parked cars from damaging trees and shrubs or disrupting pedestrian walkways.

The Planning Board may modify the above requirements for any interior landscaped areas or islands that serve as vegetated swales or bioretention cells.

Lighting and utilities.

All lighting shall be arranged and shielded to prevent direct glare from the light source into any public street or private way or onto adjacent property. Lighting shall comply with § 675-770B, Lighting and landscaping requirements, Subsection B(4), and § 675-1010F, Development impact standards.

All lights and illuminated signs shall be designed to prevent objectionable light and glare from crossing property lines. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward.

All electric, telephone, television and other communication lines, both main and service connections, shall be provided by underground wiring.

Complete streets: Whenever a development within the MSCDOD fronts a public way, complete streets design principles consistent with the Timpany Boulevard Complete Streets Study, dated June 2015, shall be incorporated into the design.

Projects shall take into consideration the preservation of sensitive natural features, including streams and water bodies. Development shall preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize alteration of natural features. If appropriate, walking and hiking trails should be incorporated into the development to enhance walkability within the development.

Bicycle accommodation.

Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy of any building that results in the need for additional vehicular parking facilities. One bicycle space shall be provided for every 10 vehicle parking spaces, up to a maximum of 25 spaces.

Parking for bicycles shall include provision for secure storage of bicycles. Such facilities shall provide lockable enclosed lockers, or racks, or equivalent structures in or upon which the user may lock a bicycle.

Bicycle parking facilities shall be sufficiently separated from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles. The separation may be accomplished through grade separation, distance or physical barrier, such as curbs, wheel stops, poles or other similar features.

Bicycle parking facilities shall be in a clearly designated safe and convenient location. Whenever possible, the bicycle parking shall be placed within 50 feet of building entrances and in well-lit areas.

Landscaping and screening.

A registered landscape architect shall prepare a landscape plan drawn to scale, including dimensions and distances. The plan shall delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials and tree cover.

Loading areas and service facilities (dumpsters, storage areas, utility boxes, etc.) shall be placed to the rear of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of such areas from adjacent properties or from public ways. Screening shall be achieved through walls, fences, landscaped berms, evergreen plantings, or combinations thereof. Fences made of wood, stone, or brick are preferred.

Heating, ventilating and air-conditioning (HVAC) units, telephone boxes, electrical transformers, etc., shall be screened through use of landscaping, berms, or fences and shall be as unobtrusive as possible. Heating, ventilating and air-conditioning (HVAC) units may be located behind roof ridgelines so they are not visible from the front view of the building.

When a proposed development abuts a residential district, whether presently developed or not, landscaped buffers shall be employed to shield the residential property from view of the proposed development and to minimize lighting and noise impacts. Such a buffer shall contain a screen of plantings not less than three feet in width and six feet in height at the time of planting and shall thereafter be maintained by the owner or occupant to provide a dense screen year round. At least 50% of the plants shall consist of evergreens. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscaped buffers.

Architectural standards.

The site plan application shall contain elevations of all proposed buildings, prepared by a licensed architect.

Exterior materials for the front facade and any sides of buildings fronting on public streets may include clapboard, wood shingles, stone, brick, textured or coated concrete block, textured or coated precast concrete, or materials of comparable appearance as approved by the Planning Board. Applicants are encouraged to use green building technologies and materials, wherever possible, to limit environmental impacts and carbon emissions.

Architectural focal points. In any development with 10,000 square feet or more of retail use, the principal building on a lot shall have clearly defined, highly visible customer entrances featuring at least two of the following: canopies or porticos; overhangs; recesses/projections; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; display windows; and planters or wing walls that incorporate landscaped areas and/or places for sitting.

Gardner City Zoning Code

ARTICLE V

Overlay Districts and Planned Unit Developments

§ 675-510 Floodplain Overlay District.

[Amended 7-7-2025 by Ord. No. 1690]

Statement of purpose and location.

The Floodplain Overlay District is herein established as an overlay district.

The purposes of the Floodplain Overlay District are to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response to and cleanup of flooding conditions.

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

The City of Gardner hereby designates the position of City Engineer to be the official floodplain administrator for the City.

FUNCTIONALLY DEPENDENT USE

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DEVELOPMENT

FLOODWAY

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]

HISTORIC STRUCTURE

Means any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[44 CFR Part 59]

NEW CONSTRUCTION

RECREATIONAL VEHICLE

Means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

Floodplain Overlay District boundaries and base flood elevation and floodway data.

Base flood elevation and floodway data.

Notification of watercourse alteration.

In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (if affected).

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

Use regulations.

Compliance with state regulations.

Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 3107, Flood- Resistant Construction).

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

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

Local use regulations.

All subdivision proposals and development proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of the site and elevations of existing structures must be included on plan proposal.

Good and sufficient cause and exceptional non-financial hardship exist; and

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Permitted uses.

Notwithstanding the provisions hereof, nothing herein shall be deemed to permit a building, structure or use which is not permitted in the underlying district.

Within a Floodplain Overlay District, no dwelling or building shall be erected, altered, or used and no premises shall be used except for one or more of the following uses:

Applications for revisions to the FIRM should be submitted to FEMA for review and approval under the letter of map amendment and letter of map revision process.

Prohibited uses.

Notwithstanding Subsection E(3) above, the following shall be prohibited in the Floodplain Overlay District:

Landfill or dumping.

Drainage other than flood control works by an authorized public agency.

Damming or relocation of any watercourse except as part of an overall drainage basin plan.

Permanent storage of materials or equipment.

Permits.

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

Severability. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.

§ 675-520 Groundwater Protection Overlay District.

Purpose. The purpose of the Groundwater Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

AQUIFER

Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

Code of Massachusetts Regulations.

GROUNDWATER PROTECTION OVERLAY DISTRICT

Massachusetts Department of Environmental Protection.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

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 DEP-approved Zone I, Zone II, or Zone III areas.

ZONE I

The DEP-designated protective radius around a public water system well or well field.

ZONE II

The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.

Boundary disputes.

Amendment of map. Amendments to the map of the Groundwater Protection Overlay District require City Council approval.

Conservation of soil, water, plants, and wildlife.

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.

Maintenance, repair, and enlargement of any existing structure, subject to applicable provisions of this section.

Residential development, subject to applicable provisions of this section.

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to applicable provisions of this section.

Construction, maintenance, repair, and enlargement of drinking water supply related facilities, such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

Any use permitted in the underlying zoning, except for those uses otherwise regulated herein.

Prohibited uses. The following uses are prohibited within the Groundwater Protection Overlay District:

Landfills and open dumps, as defined in 310 CMR 19.006.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Publicly owned treatment works or POTWs.

Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000;

Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; and

Waste oil retention facilities required by MGL c. 21, § 52A.

Storage of sludge and septage, as defined in 310 CMR 32.05, when such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manures, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.

Special permit procedures.

Submittals. All applications for a special permit shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of groundwater by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seedings, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

General notes for sediment control that spell out the procedures for implementing the plan.

Limit grading to only those areas actively undergoing current construction.

The smallest practical area of land should be exposed at one time during development.

Limit the length of time graded areas are exposed.

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days.

Retain and protect as much of the natural vegetation as possible.

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means.

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all of the information set forth below, if applicable:

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Groundwater Protection Overlay District without a written advisory report from the Gardner Board of Health.

Enforcement.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-530 Development Overlay District 1.

Scope of authority.

The Development Overlay District 1 may be applied over some or all existing parcels that are zoned Industrial 1 and/or Commercial 1; it may not be applied over any other zoning district.

Designation of Development Overlay District 1.

Additional uses.

Properties zoned Industrial 1 and designated a Development Overlay District 1 shall be permitted the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Three- or four-family dwelling, multifamily dwelling and mixed use.

Eat-in restaurant serving food or beverages.

Eat-in restaurant serving food or beverages with live or mechanical entertainment.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 5,000 square feet.

Minimum frontage: none. However, recorded documentation of legal access to the property shall be required.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Parking requirements. Off-street parking shall be provided according to the schedule of parking uses, § 675-750, except as follows:

Parking Requirements: Development Overlay District 1
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats
Library, museum, art gallery or civic center	2 spaces per 1,000 square feet gross floor area
Three-, four-family and multifamily dwelling units	1 space per dwelling for units not exceeding 1 bedroom. 2 spaces per dwelling for units with two or more bedrooms
Mixed use	Sum of various uses computed separately

Site plan review. The site plan review and approval provisions of § 675-1010, Site plan review, shall apply to the following types of structures and uses in a Development Overlay District 1:

Any new structure or group of new structures under the same ownership on the same or contiguous lots that consists of 2,500 square feet or more of gross floor area.

Any improvement, alteration, or change in use which results in an increase of 2,500 square feet or more of gross floor area.

§ 675-540 Smart Growth Planned Unit Development.

Applicability.

Allowed uses. In addition to the uses allowed in the underlying district, the following uses are eligible for consideration:

Mixed use.

Single-, two-, three- and four-family dwellings.

Multifamily dwellings.

Assisted living facilities.

Convenience retail.

Business or professional office.

Restaurant.

Office building.

Density and dimensional requirements.

The area developed for residential use shall not exceed 50% of the overall tract, exclusive of areas located in floodplains and wetlands.

Maximum building height shall be 65 feet.

Parking and other requirements.

§ 675-550 Surface Water Protection Overlay District.

Purpose. The purpose of the Surface Water Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

Code of Massachusetts Regulations.

Massachusetts Department of Environmental Protection.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

Petroleum or petroleum by-product, including but not limited to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including but not limited to liquefied natural gas, propane or butane.

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 DEP-approved Zone I, Zone II, or Zone III areas.

SURFACE WATER PROTECTION OVERLAY DISTRICT

ZONE A

ZONE B

ZONE C+

The land area not within Zone A and Zone B delineated on a map titled "City of Gardner Water Supply Protection Districts" prepared by the Engineering Department, dated revised January 5, 2011.

Boundary disputes.

Burden of proof. 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 a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor or other qualified expert 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.

Amendment of map. Amendments to the map of the Surface Water Protection Overlay District require City Council approval.

Prohibited uses in Zones A, B and C+. The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:

Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000; and

Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface water.

Uncovered or uncontained storage of fertilizers.

Uncovered or uncontained storage of road or parking lot de-icing and sanding materials.

Storage or disposal of snow or ice, removed from highways and streets, outside of Zone A, that contains de-icing chemicals.

Uncovered or uncontained storage of manure.

Junk and salvage operations.

Aboveground storage of liquid hazardous material, as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:

Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:

The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Discharge by a public water system of waters incidental to water treatment processes.

Uses prohibited in Zone A but allowed by special permit in Zone B and C+:

Sand and gravel excavation operations;

Motor vehicle repair operations;

Cemeteries (human and animal) and mausoleums;

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00;

Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater;

Commercial outdoor washing of vehicles and commercial car washes; and

All underground storage tanks.

Special permit procedures.

Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in this Subsection G are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed.

Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case, within 35 days of receipt of the reviewing party of all the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. If the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Submittals. All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of surface water by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seeding, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

General notes for sediment control that spell out the procedures for implementing the plan.

Limit grading to only those areas actively undergoing current construction;

The smallest practical area of land should be exposed at one time during development;

Limit the length of time graded areas are exposed;

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days;

Retain and protect as much of the natural vegetation as possible;

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means;

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all the information set forth below, if applicable:

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a system for groundwater recharge must be provided that does not degrade surface water quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.

For stockpiling or disposal of snow from outside the district, earthmoving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge of process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on surface water and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Surface Water Protection Overlay District without a written advisory report from the Gardner Board of Health.

Miscellaneous provisions.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-560 Large-Scale Ground-Mounted Solar Photovoltaic Overlay District.

Purpose and applicability.

The provisions set forth in this section shall apply to the construction, operation and/or repair of large-scale ground-mounted solar photovoltaic installations.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

Definitions. As used in this section, the following terms shall have the meanings indicated:

AS-OF-RIGHT SITING

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 DC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SITE PLAN REVIEW

Review by the Planning Board pursuant to § 675-1010 of this chapter.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:

A site plan showing:

Property lines and physical features, including roads, for the project site;

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

[d]

[e]

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

[f]

Name, address, and contact information for proposed system installer;

[g]

Name, address, phone number and signature of the project proponent, as well as all coproponents or property owners, if any; and

[h]

The name, contact information and signature of any agents representing the project proponent;

Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];

An operation and maintenance plan [see also Subsection D(6)];

Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];

Proof of liability insurance; and

Description of financial surety that satisfies Subsection D(12)(c).

The Planning Board may waive documentary requirements as it deems appropriate.

Dimension and density requirements.

Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Front yard. The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a residential district, the front yard shall not be less than 50 feet.

Side yard. Each side yard shall have a depth of at least 15 feet; provided, however, that where the lot abuts a residential district, the side yard shall not be less than 50 feet.

Rear yard. The rear yard depth shall be at least 20 feet; provided, however, that where the lot abuts a residential district, the rear yard shall not be less than 50 feet.

Design standards.

Safety and environmental standards.

(11)

Monitoring and maintenance.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

(12)

Abandonment or decommissioning.

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

§ 675-570 Mill Street Corridor Development Overlay District.

Scope of authority.

The Mill Street Corridor Development Overlay District (MSCDOD) shall only be applied over all parcels that are included in the Mill Street Corridor Urban Renewal Area.

Any use permitted by right or special permit in the underlying districts, as provided for by this section, shall continue to be permitted in addition to all other uses permitted by the MSCDOD.

Additional uses.

Properties included in the MSCDOD shall be permitted for the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store, regardless of square footage.

Restaurant, fast food, including appurtenant structures to provide drive-through or drive-in services.

Restaurant serving food or beverages with live or mechanical entertainment.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 60,000 square feet.

Minimum frontage: none.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet, or 40 feet if abuts residential zone.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Improvements or alterations to an existing structure involving less than 50% of that structure's gross floor area shall not be subject to dimensional requirements, except that the minimum lot size shall not be less than 60,000 square feet and the structure shall not expand in terms of percentage of lot coverage, and side and rear setbacks shall be met.

Design and preservation standards.

The provisions of § 675-750, Schedule of parking uses; loading areas, shall apply unless superseded by the following standards.

Parking Requirements MSCDOD
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats plus 1 space per employee, or 1 space per 75 square feet of assembly area
Library, museum, art gallery, civic center, or recreational facilities	2 spaces per 1,000 square feet gross floor area
Outdoor recreation	1 space per 1,000 square feet of recreational land area

Parking lot design. The provisions of § 675-770, Design requirements for parking lots, facilities, and drive-throughs, shall apply unless superseded by the following standards.

The Planning Board may modify the above requirements for any interior landscaped areas or islands that serve as vegetated swales or bioretention cells.

Lighting and utilities.

All electric, telephone, television and other communication lines, both main and service connections, shall be provided by underground wiring.

Bicycle accommodation.

Landscaping and screening.

Architectural standards.

The site plan application shall contain elevations of all proposed buildings, prepared by a licensed architect.

Gardner City Zoning Code

ARTICLE V

Overlay Districts and Planned Unit Developments

§ 675-510 Floodplain Overlay District.

[Amended 7-7-2025 by Ord. No. 1690]

Statement of purpose and location.

The Floodplain Overlay District is herein established as an overlay district.

The purposes of the Floodplain Overlay District are to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response to and cleanup of flooding conditions.

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

The City of Gardner hereby designates the position of City Engineer to be the official floodplain administrator for the City.

FUNCTIONALLY DEPENDENT USE

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DEVELOPMENT

FLOODWAY

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]

HISTORIC STRUCTURE

Means any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

[44 CFR Part 59]

NEW CONSTRUCTION

RECREATIONAL VEHICLE

Means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

SPECIAL FLOOD HAZARD AREA

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[44 CFR Part 59]

REGULATORY FLOODWAY

See "floodway."

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]

VIOLATION

Floodplain Overlay District boundaries and base flood elevation and floodway data.

Base flood elevation and floodway data.

Notification of watercourse alteration.

In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities.

Bordering states (if affected).

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist, Federal Emergency Management Agency, Region I.

Use regulations.

Compliance with state regulations.

Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 3107, Flood- Resistant Construction).

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

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

Local use regulations.

All subdivision proposals and development proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of the site and elevations of existing structures must be included on plan proposal.

Good and sufficient cause and exceptional non-financial hardship exist; and

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Permitted uses.

Notwithstanding the provisions hereof, nothing herein shall be deemed to permit a building, structure or use which is not permitted in the underlying district.

Within a Floodplain Overlay District, no dwelling or building shall be erected, altered, or used and no premises shall be used except for one or more of the following uses:

Applications for revisions to the FIRM should be submitted to FEMA for review and approval under the letter of map amendment and letter of map revision process.

Prohibited uses.

Notwithstanding Subsection E(3) above, the following shall be prohibited in the Floodplain Overlay District:

Landfill or dumping.

Drainage other than flood control works by an authorized public agency.

Damming or relocation of any watercourse except as part of an overall drainage basin plan.

Permanent storage of materials or equipment.

Permits.

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

Severability. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the remainder of the section shall be effective.

§ 675-520 Groundwater Protection Overlay District.

Purpose. The purpose of the Groundwater Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

AQUIFER

Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

Code of Massachusetts Regulations.

GROUNDWATER PROTECTION OVERLAY DISTRICT

Massachusetts Department of Environmental Protection.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

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 DEP-approved Zone I, Zone II, or Zone III areas.

ZONE I

The DEP-designated protective radius around a public water system well or well field.

ZONE II

The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.

Boundary disputes.

Amendment of map. Amendments to the map of the Groundwater Protection Overlay District require City Council approval.

Conservation of soil, water, plants, and wildlife.

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.

Foot, bicycle and/or horse paths and bridges.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.

Maintenance, repair, and enlargement of any existing structure, subject to applicable provisions of this section.

Residential development, subject to applicable provisions of this section.

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to applicable provisions of this section.

Construction, maintenance, repair, and enlargement of drinking water supply related facilities, such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

Any use permitted in the underlying zoning, except for those uses otherwise regulated herein.

Prohibited uses. The following uses are prohibited within the Groundwater Protection Overlay District:

Landfills and open dumps, as defined in 310 CMR 19.006.

Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.

The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Publicly owned treatment works or POTWs.

Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000;

Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; and

Waste oil retention facilities required by MGL c. 21, § 52A.

Storage of sludge and septage, as defined in 310 CMR 32.05, when such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manures, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.

Special permit procedures.

Submittals. All applications for a special permit shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of groundwater by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seedings, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

General notes for sediment control that spell out the procedures for implementing the plan.

Limit grading to only those areas actively undergoing current construction.

The smallest practical area of land should be exposed at one time during development.

Limit the length of time graded areas are exposed.

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days.

Retain and protect as much of the natural vegetation as possible.

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means.

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all of the information set forth below, if applicable:

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Groundwater Protection Overlay District without a written advisory report from the Gardner Board of Health.

Enforcement.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-530 Development Overlay District 1.

Scope of authority.

The Development Overlay District 1 may be applied over some or all existing parcels that are zoned Industrial 1 and/or Commercial 1; it may not be applied over any other zoning district.

Designation of Development Overlay District 1.

Additional uses.

Properties zoned Industrial 1 and designated a Development Overlay District 1 shall be permitted the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Three- or four-family dwelling, multifamily dwelling and mixed use.

Eat-in restaurant serving food or beverages.

Eat-in restaurant serving food or beverages with live or mechanical entertainment.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 5,000 square feet.

Minimum frontage: none. However, recorded documentation of legal access to the property shall be required.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Parking requirements. Off-street parking shall be provided according to the schedule of parking uses, § 675-750, except as follows:

Parking Requirements: Development Overlay District 1
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats
Library, museum, art gallery or civic center	2 spaces per 1,000 square feet gross floor area
Three-, four-family and multifamily dwelling units	1 space per dwelling for units not exceeding 1 bedroom. 2 spaces per dwelling for units with two or more bedrooms
Mixed use	Sum of various uses computed separately

Site plan review. The site plan review and approval provisions of § 675-1010, Site plan review, shall apply to the following types of structures and uses in a Development Overlay District 1:

Any new structure or group of new structures under the same ownership on the same or contiguous lots that consists of 2,500 square feet or more of gross floor area.

Any improvement, alteration, or change in use which results in an increase of 2,500 square feet or more of gross floor area.

§ 675-540 Smart Growth Planned Unit Development.

Applicability.

Allowed uses. In addition to the uses allowed in the underlying district, the following uses are eligible for consideration:

Mixed use.

Single-, two-, three- and four-family dwellings.

Multifamily dwellings.

Assisted living facilities.

Convenience retail.

Business or professional office.

Restaurant.

Office building.

Density and dimensional requirements.

The area developed for residential use shall not exceed 50% of the overall tract, exclusive of areas located in floodplains and wetlands.

Maximum building height shall be 65 feet.

Parking and other requirements.

§ 675-550 Surface Water Protection Overlay District.

Purpose. The purpose of the Surface Water Protection Overlay District is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the City; and

Prevent temporary and permanent contamination of the environment.

Code of Massachusetts Regulations.

Massachusetts Department of Environmental Protection.

Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.

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 solid waste into or on the land, pursuant to 310 CMR 19.006.

Massachusetts General Laws.

Petroleum or petroleum by-product, including but not limited to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, or other liquid hydrocarbons regardless of specific gravity. "Petroleum product" shall not include liquefied petroleum gas, including but not limited to liquefied natural gas, propane or butane.

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 DEP-approved Zone I, Zone II, or Zone III areas.

SURFACE WATER PROTECTION OVERLAY DISTRICT

ZONE A

ZONE B

ZONE C+

The land area not within Zone A and Zone B delineated on a map titled "City of Gardner Water Supply Protection Districts" prepared by the Engineering Department, dated revised January 5, 2011.

Boundary disputes.

Burden of proof. 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 a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor or other qualified expert 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.

Amendment of map. Amendments to the map of the Surface Water Protection Overlay District require City Council approval.

Prohibited uses in Zones A, B and C+. The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:

Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL c. 21C and 310 CMR 30.000, except for the following:

Very small quantity generators, as defined by 310 CMR 30.000; and

Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface water.

Uncovered or uncontained storage of fertilizers.

Uncovered or uncontained storage of road or parking lot de-icing and sanding materials.

Storage or disposal of snow or ice, removed from highways and streets, outside of Zone A, that contains de-icing chemicals.

Uncovered or uncontained storage of manure.

Junk and salvage operations.

Aboveground storage of liquid hazardous material, as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:

Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:

The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;

Treatment works approved by the DEP designed for the treatment of contaminated groundwater or surface water and operated in compliance with 314 CMR 5.05(3) or (13); and

Discharge by a public water system of waters incidental to water treatment processes.

Uses prohibited in Zone A but allowed by special permit in Zone B and C+:

Sand and gravel excavation operations;

Motor vehicle repair operations;

Cemeteries (human and animal) and mausoleums;

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00;

Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater;

Commercial outdoor washing of vehicles and commercial car washes; and

All underground storage tanks.

Special permit procedures.

Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in this Subsection G are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed.

Review by other boards and officials. Whenever an application for a special permit is filed with the Planning Board under this section, said Board shall transmit, within six working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing, but in any case, within 35 days of receipt of the reviewing party of all the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. If the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Submittals. All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefor:

All property lines;

All adjacent public streets;

All existing and proposed buildings, structures, parking areas, and service areas;

All facilities for sewage, refuse, and other waste disposal;

Facilities for surface water drainage, both temporary and permanent;

Future expansion areas;

Provisions to prevent contamination of surface water by petroleum products;

Drainage recharge features and provisions to prevent loss of recharge;

Provisions to prevent soil compaction;

Provisions to prevent seepage from sewer pipes;

Location of wetlands, streams, water bodies and floodplain;

Existing drainage patterns;

Existing woodlands;

Areas having slopes exceeding 15%;

Areas to be disturbed by construction;

Areas where earth and other materials subject to erosion will be temporarily stockpiled;

Areas to be used for disposal or storage of construction debris, stones, stumps, etc., if within the district;

Temporary and permanent erosion control measures planned, such as sediment basins, stormwater basins, diversion, riprap, stabilization seeding, etc.;

Temporary work roads to be used during projects;

Location and size of septic system; and

Method to contain spillage in fuel filling areas.

A storm drainage plan showing:

Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the City into which they flow;

Discharge peaks and expected velocities at drain or culvert outlets;

Conditions above and below outlets and expected flow velocities;

Supporting computations for the above; and

A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.

A siltation and sedimentation control plan, including:

Seeding and/or sodding requirements for all exposed areas, including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;

General notes for sediment control that spell out the procedures for implementing the plan.

Limit grading to only those areas actively undergoing current construction;

The smallest practical area of land should be exposed at one time during development;

Limit the length of time graded areas are exposed;

Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days;

Retain and protect as much of the natural vegetation as possible;

Protect all fill slopes and cut slopes exceeding five feet in height from storm runoff through the use of diversion berms, drop chutes and other acceptable means;

On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.

A narrative statement detailing all the information set forth below, if applicable:

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are:

In compliance with all applicable federal or state regulations;

In compliance with design specifications, as prepared by a registered professional engineer; and

Designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

For any proposed activity on a lot which will render more than 15% of the total lot area or more than 2,500 square feet impervious, a system for groundwater recharge must be provided that does not degrade surface water quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.

For stockpiling or disposal of snow from outside the district, earthmoving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge of process wastewater, a narrative statement, prepared by a registered professional engineer, assessing the impacts, if any, of the proposed activity on surface water and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.

Decision.

Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:

Activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Powers of the SPGA. The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this section.

No variance. There shall be no variances granted from the regulations of the Surface Water Protection Overlay District without a written advisory report from the Gardner Board of Health.

Miscellaneous provisions.

Costs. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

§ 675-560 Large-Scale Ground-Mounted Solar Photovoltaic Overlay District.

Purpose and applicability.

The provisions set forth in this section shall apply to the construction, operation and/or repair of large-scale ground-mounted solar photovoltaic installations.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

Definitions. As used in this section, the following terms shall have the meanings indicated:

AS-OF-RIGHT SITING

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 DC.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SITE PLAN REVIEW

Review by the Planning Board pursuant to § 675-1010 of this chapter.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:

A site plan showing:

Property lines and physical features, including roads, for the project site;

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

[d]

[e]

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

[f]

Name, address, and contact information for proposed system installer;

[g]

Name, address, phone number and signature of the project proponent, as well as all coproponents or property owners, if any; and

[h]

The name, contact information and signature of any agents representing the project proponent;

Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];

An operation and maintenance plan [see also Subsection D(6)];

Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];

Proof of liability insurance; and

Description of financial surety that satisfies Subsection D(12)(c).

The Planning Board may waive documentary requirements as it deems appropriate.

Dimension and density requirements.

Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Front yard. The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a residential district, the front yard shall not be less than 50 feet.

Side yard. Each side yard shall have a depth of at least 15 feet; provided, however, that where the lot abuts a residential district, the side yard shall not be less than 50 feet.

Rear yard. The rear yard depth shall be at least 20 feet; provided, however, that where the lot abuts a residential district, the rear yard shall not be less than 50 feet.

Design standards.

Safety and environmental standards.

(11)

Monitoring and maintenance.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

(12)

Abandonment or decommissioning.

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

§ 675-570 Mill Street Corridor Development Overlay District.

Scope of authority.

The Mill Street Corridor Development Overlay District (MSCDOD) shall only be applied over all parcels that are included in the Mill Street Corridor Urban Renewal Area.

Any use permitted by right or special permit in the underlying districts, as provided for by this section, shall continue to be permitted in addition to all other uses permitted by the MSCDOD.

Additional uses.

Properties included in the MSCDOD shall be permitted for the following uses as a matter of right:

Library, museum, art gallery or civic center.

Country or tennis club, lodge building or other nonprofit social, civic, conservation or recreational use.

Professional office and retail store, regardless of square footage.

Restaurant, fast food, including appurtenant structures to provide drive-through or drive-in services.

Restaurant serving food or beverages with live or mechanical entertainment.

Indoor amusement or recreation place of assembly, provided that the building is so insulated and maintained as to confine noise to the premises.

Commercial clubs and/or recreational establishments such as swimming pools, tennis courts, ski clubs, camping areas, skating rinks or other commercial facilities offering outdoor recreation.

Dimensional requirements.

Any new structure, substantial improvement or alternative to an existing structure involving more than 50% of that structure's gross floor area shall be subject to the following:

Minimum lot size: 60,000 square feet.

Minimum frontage: none.

Front yard setback: none.

Side yard setback: 10 feet, or none if abuts commercial or industrial use.

Rear yard setback: 20 feet, or 40 feet if abuts residential zone.

Maximum building height: five stories or 60 feet.

Maximum lot coverage shall not exceed 85%.

Improvements or alterations to an existing structure involving less than 50% of that structure's gross floor area shall not be subject to dimensional requirements, except that the minimum lot size shall not be less than 60,000 square feet and the structure shall not expand in terms of percentage of lot coverage, and side and rear setbacks shall be met.

Design and preservation standards.

The provisions of § 675-750, Schedule of parking uses; loading areas, shall apply unless superseded by the following standards.

Parking Requirements MSCDOD
Use	Parking Spaces Required
Retail store	1 space per 250 square feet gross floor area
Business or professional office	1 space per 300 square feet gross floor area
Restaurant, lodge or club, or other place of assembly	1 space per 4 seats plus 1 space per employee, or 1 space per 75 square feet of assembly area
Library, museum, art gallery, civic center, or recreational facilities	2 spaces per 1,000 square feet gross floor area
Outdoor recreation	1 space per 1,000 square feet of recreational land area

Parking lot design. The provisions of § 675-770, Design requirements for parking lots, facilities, and drive-throughs, shall apply unless superseded by the following standards.

The Planning Board may modify the above requirements for any interior landscaped areas or islands that serve as vegetated swales or bioretention cells.

Lighting and utilities.

All electric, telephone, television and other communication lines, both main and service connections, shall be provided by underground wiring.

Bicycle accommodation.