8.1.1 Purpose and establishment.

The purpose of the floodplain overlay district is to:

1.

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

2.

Eliminate new hazards to emergency response officials;

3.

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

4.

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;

5.

Eliminate costs associated with the response and cleanup of flooding conditions;

6.

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

The floodplain district is herein established as an overlay district ("FOD"). The district includes all special flood hazard areas within the City of Holyoke designated on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the City of Holyoke are panel numbers 25013C0069E, 25013C0086E, 25013C0088E, 25013C0180E, 25013C0181E, 25013C0182E, 25013C0183E, 25013C0184E, 25013C0191E, 25013C0192E, 25013C0201E, 25013C0203E, 25013C0204E, and 25013C0211E, dated July 16, 2013. The exact boundaries of the district shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference and are on file with the city clerk and building commissioner.

Prior to July 16, 2013, the August 15, 1979, maps shall remain in effect for purposes of this ordinance.

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

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

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

The City of Holyoke hereby designates the position of building commissioner to be the official floodplain administrator for the city.

8.1.2 Definitions.

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. [US Code of Federal Regulations, Title 44, Part 59]

Flood boundary and floodway map means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)

Flood hazard boundary map (FHBM) means an official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]

Floodway means 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]

Functionally dependent use 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. [US Code of Federal Regulations, Title 44, 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. [US Code of Federal Regulations, Title 44, Part 59]

Historic structure means any structure that is:

1.

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;

2.

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;

3.

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

4.

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

a.

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

b.

Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

New construction means 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:

1.

Built on a single chassis;

2.

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

3.

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

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]

Regulatory floodway. See "Floodway".

Special flood hazard area means the land area subject to flood hazards and shown on a flood insurance rate map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

Start of construction means 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. [US Code of Federal Regulations, Title 44, Part 59]

Substantial repair of a foundation means 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. [US Code of Federal Regulations, Title 44, 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 section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

Zone A means an area of special flood hazard without water surface elevations determined.

Zone A1-30 and Zone AE means area of special flood hazard with water surface elevations determined.

Zone AH means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)

Zone A99 means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)

Zones B, C, and X means areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)

Zone V means area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).

Zone V1-30 and Zone VE (for new and revised maps) means area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).

8.1.3 Proposals for development and use regulations.

Permits are required for all proposed development in the floodplain overlay district. The City of Holyoke requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

All necessary permits must be obtained. The City of Holyoke's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

1.

Such proposals minimize flood damage.

2.

Public utilities and facilities are located and constructed so as to minimize flood damage.

3.

Adequate drainage is provided.

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

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

Floodway encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the City of Holyoke on the Hampden County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

AO and AH zones drainage requirements. Within Zones AO and AH on the Hampden County FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Protection of dunes. Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.

8.1.4 Special permit. Unless otherwise prohibited herein, new construction is allowed within the FOD only by special permit from the city council for any use set forth in section 4.3 that is allowed in the underlying zone. Provided, however, that no special permit shall be required for new construction that is exempt from building permit requirements.

8.1.5 Prohibited uses. The following uses shall be prohibited:

1.

Quarrying or other extraction operation for commercial purposes.

2.

Outdoor storage of de-icing chemicals or dumping of snow contaminated with de-icing chemicals.

3.

Any operation of entity producing, handling, or storing hazardous material, hazardous waste, hazardous chemicals, or infectious waste, or any other substance or material designated by the U.S. Environmental Protection Agency (40 C.F.R. Part 250) or the Massachusetts Hazardous Waste Management Act, M.G.L.A. c. 21C, that may pose a threat to the environment or public health.

4.

Planned unit developments, except where they are served by a public surface reservoir water distribution system and a public sewer system, and only up to the density of the overlying district.

5.

Disposal or storage of solid wastes other than brush and stumps; all uses that generate hazardous waste; storage and/or transmission of oil, gasoline, and chemicals in corrodible containers and pipelines.

6.

Underground storage of petroleum products, except for propane or natural gas; outdoor storage of pesticides or herbicides; uncontained storage of manure or other water pollutant.

7.

Any automobile or vehicle related use, including but not limited to: trucking or bus terminals, motor vehicle light service, repair or body shops, motor petroleum product sales, automobile sales lots and automobile junk and salvage yards.

8.

Drainage, dredging, excavation, filling with, or disposal of soil, mineral substances, or grading, impoundments, dams, or other water obstructions, cutting or clearing of trees or other vegetation within 50 feet of the top of the bank of the waterway, with the exception of trees which are threatening the integrity of the bank or flood control structures or are diseased and threaten other nearby vegetation, unless these uses are necessary for permitted uses or uses allowed by special permit and/or the Wetlands Protection Act.

9.

Mobile home park.

10.

Any use and occupancy classification within the high hazard group as defined by the Massachusetts Building Code.

8.1.6 Existing structures. Any structure standing in the FOD at the time of passage of these provisions:

1.

Is allowed to lawfully remain, and may be altered or enlarged, provided the alteration or enlargement is not a substantial improvement and as long as the alteration or enlargement is consistent with this ordinance;

2.

May be substantially improved by special permit;

3.

May be converted to a use that is substantially less detrimental than the existing use; and

4.

May be repaired or rebuilt if it is damaged by fire, flood or other natural cause provided that the restoration does not constitute a substantial improvement and provided that the restoration conforms to the dimensional controls of the district wherein it is located and results in the same use as existed prior to the damage.

For purposes of this section, "substantial improvement" shall be defined by the Massachusetts Building Code and the International Building Code, where applicable.

8.1.7 Criteria for issuance of special permit for construction or substantial improvement of structures in the FOD. The city council may grant a special permit in accordance with section 9.3 of this ordinance for new construction or substantial improvement of an existing structure in the FOD upon finding that the following minimum conditions are met:

1.

The use is designed in a manner consistent with the need to prevent flood damage to the existing property, neighboring properties and the general public.

2.

Granting the special permit will not result in increased flood heights, additional threats to public safety, water pollution, erosion and sedimentation, or cause a nuisance.

3.

Other lands in the district will not be adversely affected by the proposed development, through increased height or velocity of future floods, and the supporting infrastructure will be sufficient to accommodate the use during and after a flood event without endangering other properties.

4.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage and infiltration of flood waters into the system; and the containment of sewage, safety of gas, electric fuel and other utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocuting, or any other dangers due to flooding are adequately protected.

5.

The proposed use complies in all respects to the requirements of the underlying district in which the land is located.

6.

The proposed use demonstrates evidence of compliance with all applicable local, state and federal laws, including the Erosion and Sediment Control Ordinance, the Holyoke Stormwater Ordinance, Massachusetts Building Code and the Massachusetts Wetlands Protection Act.

7.

The planning board shall investigate the application and must make a report in writing within 30 days. The remaining boards, departments, and/or officers shall investigate the application and may make a report in writing within 30 days. The city council shall not take final action until receipt of these reports or 30 days have elapsed.

8.1.8 Special permit procedures.

1.

Six copies and a digital copy of a site plan are filed with the city clerk concurrent with the application for a special permit, one each for the city council, planning department, board of health, building department, conservation commission and city engineer. Said site plan shall be certified by a registered professional engineer or architect insuring that all requirements of the Massachusetts State Building Code pertaining to design requirements for floodplains are met. The building commissioner will review the application for completeness within ten business days of receipt. If complete, the city clerk will forward the application and associated documents to the departments within ten business days of receipt of confirmation of completeness. If incomplete, the city clerk will notify the applicant within ten business days of notification from the building commissioner.

2.

Concurrent with said application, information must be filed indicating: the elevations, in relation to mean sea level, of the lowest floor, including basement or cellar, whether or not the structure will have a basement or cellar; if the structure will be flood proofed, the elevation in relation to mean sea level to which the building will be flood proofed; a summary or narrative from a professional engineer, registered in the Commonwealth of Massachusetts, regarding compliance with the requirements of section 8.1.5 of this ordinance; and any other documentation requested by the building commissioner.

3.

Special permits granted under these provisions shall be contingent upon the applicant receiving all necessary permits from those government agencies from which approval is required under federal, state and local law, and shall be contingent upon compliance with all applicable federal, state and local laws and regulations.

4.

As required by section 8.1.5(7), the planning board shall investigate the application and must make a report in writing within 30 days. The remaining boards, departments, and/or officers shall investigate the application and may make a report in writing within 30 days. The city council shall not take final action until receipt of these reports or 30 days have elapsed. If granted, the special permit shall be contingent upon adherence to the site plan and any conditions made a part thereof. Any departure there from without permission of the city council shall result in revocation of the special permit.

8.1.9 Notification of watercourse alteration. In a riverine situation, the conservation commissioner shall notify the following of any alteration or relocation of a watercourse:

• Adjacent communities

• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor

Boston, MA 02114

• NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110

8.1.9A Requirement to submit new technical data. 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:

1.

NFIP State Coordinator.

2.

Massachusetts Department of Conservation and Recreation NFIP Program Specialist.

3.

Federal Emergency Management Agency, Region I.

8.1.10 Variances.

1.

The City of Holyoke 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 of Holyoke 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 $25.00 for $100.00 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.

2.

A variance from these floodplain ordinances must meet the requirements set out by state law, and may only be granted if:

a.

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

b.

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

c.

the variance is the minimum action necessary to afford relief.

8.1.11 Enforcement. Violations of this ordinance shall be reviewed and enforced by the building commissioner. See zoning section 9, administration, enforcement, and procedures.

(Ord. of 2-19-02 [45th amd.], § 8.0; Ord. of 6-4-13 [117th amd.], § 1; Ord. of 11-19-13 [119th amd.], § 1; Ord. of 1-19-21 [153th amd.], § 1; Ord. of 9-18-24 [175th amd.], § 1)

8.2.1 Purpose. The purpose of the water resource protection overlay district is:

1.

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;

2.

To preserve and protect existing and potential sources of drinking water supplies;

3.

To conserve the natural resources of the city; and

4.

To prevent temporary and permanent contamination of the environment.

8.2.2 Establishment of districts. The WRPOD are herein established as overlay districts. The WRPOD are described on a map entitled "Water Resource Protection Overlay Districts, City of Holyoke," with district boundary lines prepared by the Massachusetts Department of Environmental Protection. All maps are hereby made a part of this zoning ordinance and are on file in the office of the city clerk.

8.2.3 Boundary disputes. Where the bounds of the WRPOD are in dispute, as delineated on the WRPOD map, the burden of proof shall be upon the owners of the land in question to show where they should properly be located. Resolution of boundary disputes shall be through a special permit application to the planning board. Any application for a special permit under this section shall be accompanied by documentation prepared by a person who meets the following two requirements:

* Is experienced in delineating hydrogeologic zones in Massachusetts; and

* Has one of the following credentials:

1.

WRPOD II boundary disputes. Where the WRPOD II is bounded by: (a) that area of the aquifer that contributes water to a public water supply well or wellfield under the most severe pumping and recharge conditions than can realistically be anticipated, as set forth in 310 CMR 22.02's definition of "Zone II," the applicant shall provide information in substantial conformance with the criteria set forth in 310 CMR 22.00, as administered by the Massachusetts Department of Environmental Protection, to show where the boundary should properly be located; (b) an Interim Wellhead Protection Area, the applicant shall provide the results of a survey by a registered surveyor; (c) a medium yield aquifer having a transmissivity of 1,350-4,000 ft ² /d (potential well yield 100 to 300 gal/min), the applicant shall provide geologic and hydrologic information to show transmissivity rates at the subject property.

2.

WRPOD III boundary disputes. The applicant shall provide information in substantial conformance with the criteria set forth in 310 CMR 22.00 for the delineation of "Zone III", as administered by the Massachusetts Department of Environmental Protection, to show where the boundary should properly be located.

3.

The planning board shall not grant a special permit under this section unless the applicant demonstrates that the provisions governing the water resource protection district(s), under this article VII may be waived without detrimental effect to water quality as specified herein.

8.2.4 Dimensional and use regulations. Development within the overlay district must comply with special use and dimensional regulations as follows:

A.

Dimensional regulations. Development within the water resource protection overlay district must comply with the following dimensional requirements.

1.

Aquifer recharge area (WRPOD I, II, III). Within the aquifer recharge area, maximum land coverage calculations shall include impervious surface with area over 100 square feet. Except for lots specially exempted by M.G.L. c. 40A, s. 6, within the aquifer recharge area the minimum lot size is established by the following:

a.

Two acres per lot with 200 feet of frontage, unless the lot is served by a public sewer and water system in which case the lot size shall be at least 20,000 square feet with 100 feet of frontage. The minimum lot size may be reduced to 12,500 square feet if the lots so created are part of a flexible development as regulated under the provisions of Section 7.5 of this ordinance and each lot so created is served by public water and sewer as required above.

b.

The minimum lot area required elsewhere in this ordinance if it is greater than (a) above.

2.

Water protection area (WRPOD A, B, C). Within the water protection area, maximum land coverage calculations shall include impervious surfaces with area over 100 square feet and shall be no greater than twenty (20%) percent of the lot. Except for lots specifically exempted by M.G.L. c. 40A, s. 6, within the water protection area, the minimum lot size is established by the following:

a.

Forty thousand (40,000) square feet per lot with 150 feet of frontage unless the lot is served by public sewer and water systems, in which case the area shall be at least 20,000 square feet per lot with 100 feet frontage.

b.

The minimum lot area required elsewhere in the ordinance if it is greater than above.

B.

The WRPOD are overlay districts superimposed over the underlying districts set forth in this zoning by-law. Within a WRPOD, the requirements of the underlying district continue to apply, except where the requirements of the WRPOD are more stringent.

1.

Uses within WRPOD I. Uses within WRPOD I shall be governed by the standards set forth in 310 CMR 22.00 with regard to "Zone I" therein.

2.

Uses within WRPOD II and WRPOD III uses are prohibited where indicated by "N" in the following schedule, and require a special permit where indicated by "SP", even where the underlying district requirements are more permissive. Uses permitted in a WRPOD are indicated by "Y". Where a portion of the lot is located partially within WRPOD III and partially outside the WRPOD, site design shall, to the extent feasible, locate potential pollution sources outside the WRPOD boundaries.

8.2.5 Special permit procedures.

1.

Special permit granting authority. The special permit granting authority (SPGA) shall be the planning board. Such special permit may be granted if the SPGA determines that the intent of this section 8-2 as well as the specific criteria herein are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.

2.

Review by other boards and officials. Whenever an application for a special permit is filed with the planning board hereunder, 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 35-day period, the planning board shall continue the public hearing to permit the formal submission of reports and recommendations within that 35-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.

3.

Applicability. Any special permit required under this article VII shall be in addition to, and separate from, any other special permit required under this by-law.

4.

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

a.

A site plan, submitted on 24-inch by 36-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:

(1)

All property lines;

(2)

All adjacent public streets;

(3)

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

(4)

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

(5)

Facilities for surface water drainage, both temporary and permanent;

(6)

Future expansion areas.

b.

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

(1)

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.

(2)

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.

(3)

For underground or aboveground storage of hazardous materials, certification by a registered professional engineer that such storage facilities or containers are (i) in compliance with all applicable federal or state regulations, (ii) in compliance with design specifications, as prepared by a registered professional engineer, and (iii) are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.

(4)

For any proposed activity on a lot which will render more than 15 percent of the total lot area or more than 2,500 square foot 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.

(5)

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

8.2.6 Special permit criteria. Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties set forth above, 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.

8.2.7 Decision. 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 8-2.

(Ord. of 2-19-02 [45th amd.], § 8.0; Ord. of 5-20-03 [53rd amd.], § 1; Ord. of 12-5-23 [173rd amd.], § 1)

8.3.1 Purpose. The shopping center district is established in order to provide for neighborhood, community and regional shopping facilities in an appropriate location with an appropriate design, scale and intensity which will create a harmonious and functional relationship with the immediate surroundings and community. These regulations shall only apply to shopping centers that are developed in the specific geographic areas where the shopping center district has been lawfully imposed pursuant to M.G.L.A. c. 40A, § 5.

8.3.2 Dimensional and design requirements. See the table of dimensional regulations. In addition the standards set forth therein, the following shall apply:

1.

Gross floor areas in the SC districts shall be as follows:

2.

Setbacks may be reduced upon the issuance of a special permit by the planning board for neighborhood and community, but not regional shopping facilities, if the applicant satisfies the following criteria:

a.

Additional landscaping is provided;

b.

Appropriate screening is provided;

c.

Site abuts nonresidential property.

3.

Parking: One space per 250 feet.

4.

Land coverage shall not exceed 50 percent. The planning board may reduce this requirement upon the issuance of a special permit if the applicant satisfies the following criteria:

a.

Additional landscaping is provided,

b.

Appropriate screening is provided;

c.

Site abuts nonresidential property.

5.

Height (maximum) 2 stories/50 feet.

8.3.3 Uses available by special permit. The following uses shall be allowed by special permit only in community and regional shopping centers shopping centers, not in neighborhood shopping centers:

1.

Motor vehicle light service.

2.

Indoor theater shall be allowed by special permit from the city council in a neighborhood shopping center and by right in a community and regional shopping center.

8.3.4 Slope. All slope regulations shall be adhered to as stated herein. However, the planning board may place permanent restrictions on any slopes greater than 15 percent or place permanent restrictions on any slope determined necessary by the Holyoke Planning Board due to soil type, vegetation, hydrology aesthetics or other pertinent information.

8.3.5 Loading. All off-street loading requirements stated herein shall be adhered to. In addition, any overnight storage of supply trucks shall be in an area as far from residential property as possible and the location shall be indicated on the site plan.

8.3.6 Building design. The architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening, breaks in the roof or wall lines and other architectural techniques. Variations in detail, form and sitting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.

8.3.7 Signs.

1.

Detached signs shall be limited in height by the height of the main structure and in size to 200 square feet. Only one sign shall be allowed per entrance and all signs shall be designed in a manner which is compatible to the design of the building as well as the surrounding neighborhood.

2.

All attached signs shall be compatible with each other as well as the overall design of the building.

8.3.8 Trip reduction plan. A trip reduction plan may be required which clearly identifies a combination of transportation system management strategies that are designed to reduce anticipated vehicle trips by 35 percent. These strategies should include but not be limited to:

1.

Vanpool/carpool incentive programs, such as employer subsidies for vanpools/carpools, preferred vanpool/carpool parking, ride matching services and providing parking at the vanpool/carpool pick-up site.

2.

Allowing and encouraging flexible work weeks.

3.

Encouraging pedestrian and bicycle commute modes by providing on-site bicycle parking storage, locker room facilities, bike and walking paths, and similar features.

4.

Site designs which are conducive to transit or vanpool use, such as convenient, weather protected transit shelters.

5.

Encouraging employee and customer use of public and private transit services through joint planning with abutting developments and regional transportation agencies.

6.

Provision of on-site services, retail opportunities and housing if allowed in the zone.

7.

Naming a full-time or part-time transportation system management coordinator to oversee implementing all strategies identified in the trip reduction plan.

(Ord. of 2-19-02 [45th amd.], § 8.0; Ord. of 5-20-03 [53rd amd.], § 1)

8.4.0 Purpose. The purpose of the Professional Office Overlay District is to:

1.

Preserve and enhance the unique architectural and residential character of the Northampton Street streetscape within the district.

2.

To permit limited office-type uses within the residential zone, assisting homeowners in maintaining the financial viability of these properties, consistent with subsection 1.

3.

To ensure that, by providing for limited commercial uses within the district, that the residential character is retained.

8.4.1 General. Upon the issuance of a special permit from the city council, no more than one professional office or studio per parcel of land may be located in an existing structure on said parcel in the professional office overlay district (POOD).

8.4.2 Location. The POOD is located as shown on the map entitled, "Professional Office Overlay District, City of Holyoke," dated February 19, 2002.

8.4.3 Procedures. Two sets of a site plan must be submitted with the permit application and one sent to the planning board for comments. In addition, if the building is on the historic inventory, an additional site plan must be submitted and will be sent to the city historic commission for comments.

A site plan submitted under this section shall be prepared by a registered architect, landscape architect, or engineer and shall include the following:

1.

A plan depicting all existing buildings, contours, parking area, driveways, service area, facilities for waste disposal, and landscape features such as fences, walls, planting areas, walks, and lighting. The plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.

2.

A landscape plan showing the limits of work, existing tree lines, and all proposed landscape features and improvements including planting areas with size and type for each shrub and tree.

3.

Details of all proposed signs including size, placement, construction, material, colors, and design of lettering or other symbols.

4.

A plan illustrating the internal layout of the proposed professional office including square footage.

The special permit application shall define, as part of the application, the type of business, the total number of employees, and the maximum number of employees on site at one time.

A special permit issued pursuant to this section shall expire upon the applicant ceasing to own or occupy the subject premises.

8.4.4 Conditions. A special permit may be granted if the city council determines that:

1.

There shall be no significant alteration of the existing building's exterior. This shall not include safety or general maintenance measures such as painting, etc.

2.

Signs shall be limited to one (deleted "in number") no greater in size than two feet by three feet, and cannot be illuminated from within. All signage must be designed in a manner compatible to the existing structures as well as the surrounding neighborhood.

3.

Adequate parking is provided, not within the front yard setback, and screened from adjacent properties with appropriate landscaping and/or fencing. Adequate parking shall be determined by compliance with section 6.0 of this ordinance. Parking in existence within the front yard prior to the date of this section shall be exempt. Any new paving for parking must be in compliance with section 6.1.8, residential driveways.

4.

Of the area of the parcel that is not included in the front yard setback as defined elsewhere in this ordinance, at least 30 percent shall be vegetated. A waiver may be granted from this section with a positive recommendation of the planning board and in cases where preexisting circumstances prevent the compliance to this requirement. (ie. corner lots) Requests must be made in writing with the application.

5.

The use is allowed only in an existing structure.

6.

The business shall comply with the provisions of section 74-91 et seq. of this Code regarding private trash pickup, maintaining said private property free from litter and all applicable regulations contained therein.

7.

The applicant is the owner and occupier of the premises, or has a valid purchase and sale agreement.

(Ord. of 6-3-08 [74th amd.], § 1; Ord. of 11-19-13 [120th amd.], § 1)

8.5.1 Purpose. The purpose of the OP (office park) district is to assure the attractive and efficient arrangement of office buildings and the harmonious integration of the office park into the immediate vicinity and the community at large.

8.5.2 Uses. Uses in OP districts shall be subject to the following provisions in addition to those contained elsewhere in this ordinance:

1.

No building, no loading or unloading facility, no trash or waste receptacle, and no sign shall be constructed, erected, or located within 200 feet of any residence district. No parking lot may be located within 150 feet of any residence district, except when located in the rear or side yard areas and completely screened from the view of such district by appropriate planting. In no case shall any parking lot be placed within a 100 feet of any residence district. No fence shall be located within 25 feet of any residence district.

2.

Within the buffer areas provided for above, except in front yard areas, activity on the site shall be effectively screened from any residence district by plant material. Where practical and appropriate, existing trees and vegetal cover shall be maintained for such screening. Where existing cover does not provide effective screening, suitable plant material should be introduced.

3.

Within front yard areas, a minimum of two-thirds of the square foot area shall be provided with lawn or otherwise suitably landscaped.

4.

The exterior walls of structures within an OP district shall be constructed of brick, stone, concrete, or other similar durable materials so as to have an attractive appearance and maintain architectural integrity.

5.

No exterior lighting is allowed except that which is necessary to illuminate driveways, parking areas, and walkways.

6.

One, nonilluminated sign, not to exceed a 100 square feet in area, may be erected within the buildable area. Said sign may not be located on the roof of any building.

(Ord. of 2-19-02 [45th amd.], § 8.0)

8.6.1 Purpose. The purpose of the entryway business district (BE) is to create an attractive, multiple use gateway to the downtown business districts; to permit medium scale and density; and to promote an urban streetscape.

8.6.2 Design and performance standards.

1.

At least ten percent of the lot shall consist of open space dedicated to natural or pedestrian use. Buildings, parking lots, access ways, and other uses shall be located so as to leave the remaining open space in as usable and contiguous a form as is feasible.

2.

There shall be no outdoor storage of items not available for retail sales.

3.

Chain link fences with razor wire or barbed wire are prohibited in the BE.

4.

Where a structure is located on a corner, the first and second stories thereof shall not be located closer than ten feet to the intersection of the street pavement lines in order to allow adequate sight distance for motorists.

8.6.3 Parking, loading, and access requirements.

1.

Required parking areas shall not be located forward of any building front line on the lot or on an adjacent lot.

2.

All required parking areas, except those serving residential premises, shall be dustless, durable, composed of an all weather surface, designed to adequately handle drainage, and designed to prevent dust, erosion, water accumulation, or unsightly conditions. In parking areas with eight or more spaces, individual spaces shall be delineated by painted lines, wheel stops, or other means.

3.

To the extent feasible, lots and parking areas shall be served by common private access ways, in order to minimize the number of curb cuts in the BE district. Such common access ways shall be in conformance with the standards of the department of public works. Proposed documentation (in the form of easements, covenants, or contracts) shall be submitted with the site plan demonstrating that proper maintenance, repair, and apportionment of liability for the common access way and any shared parking areas has been agreed upon by all lot owners proposing to use the common access way. Common access ways may serve any number of adjacent parcels deemed appropriate by the building commissioner.

8.6.4 Screening, buffers, and landscaping.

1.

Parking lots, loading areas, refuse storage and disposal areas, and service areas shall be screened from view, to the extent feasible, from all public ways, and from adjacent residentially zoned or occupied properties, by the use of planted buffers of at least five feet in width, fences or walls, location, or combination thereof. Planted areas intended to provide screening shall contain trees or shrubs of a species hardy in Western Massachusetts and appropriate for screening, spaced to minimize visual intrusion.

2.

Required front yards, and required plantings in open areas, shall be landscaped by planting of a species hardy in Western Massachusetts and maintained in a sightly condition at all times.

(Ord. of 2-19-02 [45th amd.], § 8.0)

8.7.1 Purpose. The purpose of this section is to create an overlay district to promote the following purposes; encourage reuse, redevelopment, and revitalization of historic mill structures along the canals in Holyoke's traditional city center, while retaining existing businesses; allow a vibrant mix of uses that will attract residents, visitors, and customers to the city center; provide a physical and functional link between the city center and neighborhoods abutting this district; improve the appearance of the historic mill area; and promote economic development and enhanced property values.

8.7.2 Overlay district. The arts and industry overlay district (AIOD) is hereby established and shall be construed as an overlay district. Within the AIOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations specifically supersede such underlying requirements or provide an alternative to such requirements. The AIOD is located as shown on the map entitled, "Arts and Industry Overlay District, City of Holyoke," dated February 19, 2002.

8.7.3 Permitted uses. Within the AIOD, the following uses shall be permitted as of right and supersede all regulations herein imposing stricter requirements:

1.

Any use allowed as of right in the IG district, as set forth in the table of principal use regulations;

2.

Multifamily dwelling by renovation of an existing building;

3.

Dwelling unit(s) on second or higher floor above permissible nonresidential use;

4.

Wholesale or warehouse operation incidental to manufacturing on the premises;

5.

Live/work space, including, but not limited to: customary home occupations; music or photographic studio; studio for arts, crafts, writing, acting, dancing, or other performing arts; advertising, industrial design, media facility, architecture, interior design, recording studio; theater, film or video production; gallery, auction house, set shop; lighting, engineering, or musical instrument manufacturing; sheet music printing, framing, arts supply, arts restoration.

8.7.4 Specially permitted uses. Within the AIOD, the following uses may be authorized by special permit from the city council:

1.

Any use allowed by special permit in the IG district, as set forth in the table of principal use regulations.

8.7.5 AIOD site plan review. Prior to the issuance of a building permit in the AIOD for any use set forth below, an applicant must first be granted AIOD site plan approval by the planning board. An application for such AIOD site plan review shall be submitted on forms furnished by the planning board in accordance with its regulations. The AIOD site plan review and approval provisions of this section shall apply to the following types of structures and uses:

1.

Any permitted use set forth in subsection 8.7.3 numbers 2, 3 or 5 with more than 25 dwelling units; or

2.

Any permitted use set forth in subsection 8.7.3 numbers 2, 3, or 5 with a floor area greater than 50,000 gross square feet.

8.7.6 Action by the planning board. After determining that the site plan is in conformance with the requirements of the AIOD ordinance, the planning board may approve, approve with modification, or disapprove the AIOD site plan application or grant leave to withdraw. Approval may be subject to any conditions, modifications and/or restrictions as the planning board may deem necessary. Failure to take action within 30 days following the date of the submittal of the application shall be deemed to be a grant of AIOD site plan approval, and the site plan will be approved.

8.7.7 Parking requirement for dwelling units. Each dwelling unit, including a dwelling unit associated with live/work space, shall be provided with one parking space. No parking spaces shall be required for any other use.

8.7.8 The Arts & Industry Overlay District shall consist of all properties within the following description: Beginning at the intersection of the centerline of the railroad tracks found on parcel 017-01-008 and Jackson Street, southeasterly along the centerline of Jackson Street to the intersection with the centerline of Main Street. Northeasterly with the centerline of Main Street to the intersection with the centerline of Sergeant Street. Northwesterly with the centerline of Sergeant Street to the intersection with the centerline of Race Street. Northeasterly along the centerline of Race Street to the intersection of the centerline of Appleton Street. Southeasterly along the centerline of Appleton Street to the intersection of the centerline of Main Street. Northeasterly along the centerline of Main Street to the intersection of the centerline of Dwight Street. Then southeasterly along the centerline of Dwight Street to the intersection with the western boundary of parcel 033-04-001. Then northerly along the westerly side of parcel 033-04-001, then northerly across the Mosher Street right-of-way, continuing northerly along the western boundary of parcel 033-03-003 to the intersection with the centerline of Lyman Street and Canal Street. Northeasterly along the centerline of Canal Street to the intersection of the easterly boundary of parcel 037-01-010, owned by the City of Holyoke. Northerly along the eastern boundary of parcel 037-01-010 to the intersection of the centerline of the Second Level Canal, parcel number 037-01-003. Then following the centerline of the Second Level Canal parcel 037-01-003 easterly/southwesterly through the centerline of the Second Level Canal parcels, 042-01-007, 044-01-004, 051-01-007, 050-01-007, 049-01-010, Third Level Canal parcels 048-01-013, 048-01-012, across parcels 048-01-011, 048-01-008 and 048-01-009, and continuing on the centerline of the Third Level Canal parcels 048-01-014, 048-0-015 and 047-01-017 to the intersection with the centerline of parcel 047-01-009, No. 4 Overflow. Southeasterly with centerline of parcel 047-01-009, No. 4 Overflow, to the intersection with the Connecticut River. Following the eastern boundary of the City of Holyoke proper following the Connecticut River coast, northeasterly/northerly to the intersection of the centerline of the Holyoke Gas & Electric No. 2 Overflow, at the South Hadley Bridge (County Bridge), parcel 041-01-006. Westerly with the centerline of the No.2 Overflow parcel 041-01-006 to its western boundary, southerly to its intersection with parcel 023-01-006. Continuing westerly along the northerly boundaries of parcels 023-01-006, 023-01-007, and 023-01-009 to the southerly boundary of parcel 023-01-009, easterly along its western boundary. Easterly with that boundary to a point tangent to the shared boundary between parcels 015-01-003 and 023-01-024 of the First Level Canal, and southerly, along the westerly boundary of parcel 023-01-024 to its intersection with the centerline of Lyman Street. Northwesterly along the centerline of Lyman Street to the intersection with the centerline of Front Street. Southwesterly with the centerline of Front Street to its intersection with the centerline of Dwight Street. Then northwesterly along the centerline of Dwight Street to the intersection of the centerline of Heritage Street. Southwesterly with the centerline of Heritage Street to the intersection of the centerline of Appleton Street. Southeasterly with the centerline of Appleton Street to the intersection with the centerline of the railroad tracks, parcel 020-02-009. Southwesterly following the centerline of the railroad tracks found on parcels 020-02-009, 019-01-014, 018-01-010, and 017-01-008 to the point of beginning.

(Ord. of 2-19-02 [45th amd.], § 8.0; Ord. of 6-21-05 [62nd], § 1)

8.8.1 Purpose. The downtown residential district (DR) has been established to encourage infill and redevelopment that is in keeping with the existing neighboring buildings and structures; to permit a flexible approach to redevelopment of larger parcels; to promote a mix of residential and smaller-scale commercial uses in the same building or neighborhood; and to increase property values in downtown residential neighborhoods.

8.8.2 Permitted uses. In the DR district, those commercial uses marked "Y" in the table of principal uses shall be permitted as of right; provided, however, that such commercial uses shall be allowed only in conformance with the following conditions:

1.

Such commercial use shall occupy the first floor only of a building; provided, however, that there shall be at least two dwelling units in the remainder of the building. No such commercial use shall be permitted unless residential uses also exist within the same building.

2.

The building shall contain not less than three stories, excluding basements and attics.

8.8.3 Special permit for nonconforming structures abandoned or not used for more than two years. Notwithstanding the provisions of M.G.L.A. c. 40A, § 6, the city council may grant a special permit authorizing the reconstruction, alteration, or rehabilitation, and occupancy and use of a nonconforming structure that has been abandoned or not used for a period of more than two years. To be eligible for such special permit, the structure must have the following characteristics:

1.

Masonry construction;

2.

Architectural or other features deemed appropriate for rehabilitation by the city council.

8.8.4 Dimensional regulations. In the DR district, the maximum setback, maximum lot coverage, maximum number of stories, and minimum area per dwelling unit required shall be the average of these features on the nearest five lots containing structures on the same side of the street on the same block. In circumstances where the block is vacant and averaging is not possible, the requirements shall be the following provided, however, that the planning board may vary this requirement by special permit to a greater or lesser number.

8.8.5 Special permit for dimensional variation. In the DR district, the city council may grant a special permit to reduce otherwise applicable requirements for lot area, frontage, width, density, front/side/rear yard, building height, or lot coverage upon a finding that:

1.

Compliance with such requirements would be impracticable, unreasonable, or undesirable because of:

a.

The area, width, depth or shape of the lot; or

b.

The lot coverage or height of existing neighboring structures; or

c.

The characteristics of buildings situated on nearby properties.

2.

Such reduction may be accomplished without substantial detriment to the neighborhood; and

3.

The proposed structure is consistent with the architectural scale and style of those in the immediate area.

4.

The proposed variation is consistent with Holyoke's traditional downtown neighborhood development pattern(s).

8.9.1 Purpose. The purposes of this section 8-9 are:

1.

To establish a city smart growth zoning overlay district, to encourage smart growth in accordance with the purposes of [M.G. L.A.] c. 40R;

2.

To encourage downtown revitalization and economic development;

3.

To promote mixed use development, including a variety of housing types and commercial uses;

4.

To create an increased variety or mix of attractive housing options in the downtown area, which will encourage residents of all income types to live and work downtown;

5.

To promote well-designed projects, which enhance and support the historic character and architectural styles of downtown Holyoke;

6.

To promote the re-development and adaptive reuse of existing structures in the smart growth district.

8.9.2 Definitions. For purposes of this section 8-9, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the enabling laws or section 8-9.2, or as set forth in the PAA regulations. To the extent that there is any conflict between the definitions set forth in section 8-9.2 or the plan approval authority (PAA) regulations and the enabling laws, the terms of the enabling laws shall govern.

Monitoring agent. The city office for community development shall be designated to review and implement the affordability requirements affecting projects under section 8-9.7.

Affordable homeownership unit. An affordable housing unit required to be sold to an eligible household.

Affordable housing. Housing that is affordable to and occupied by eligible households.

Affordable housing restriction. A deed restriction of affordable housing meeting statutory requirements in [M.G.L.A.] c. 184, § 31 and the requirements of section 8-9.7 of this ordinance.

Affordable rental unit. An affordable housing unit required to be rented to an eligible household.

Applicant. The individual or entity that submits a project for plan approval.

As-of-right. A use allowed under section 8-9.5 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A project that requires plan approval by the PAA pursuant to sections 8.9.10 through 8.9.13 shall be considered an as-of-right project.

Department or DHCD. The Massachusetts Department of Housing and Community Development.

Design standards. Provisions of the attached design standards made applicable to projects within the SGZD that are subject to the plan approval process.

Eligible household. An individual or household whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

Enabling laws. [M.G.L.A.] c. 40R and 760 CMR 59.00.

Mixed-use development project. Project containing a mix of residential uses and nonresidential uses, as allowed in section 8-9.5, and subject to all applicable provisions of this section 8-9.

PAA regulations. The rules and regulations of the plan approval authority adopted pursuant to section 8-9.10.

Plan approval. Standards and procedures which [certain categories of] projects in the SGZD must meet pursuant to section 8-9.10 through 8.9.13 and the enabling laws.

Plan approval authority (PAA). The city planning board shall be the local approval authority authorized under section 8-9.10 to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGZD.

Project. A residential project or mixed-use development project undertaken within the SGZD in accordance with the requirements of this section 8-9.

Residential project. A project that consists solely of residential, parking, and accessory uses, as further defined in section 8-9.5.

SGZD. The smart growth zoning overlay district established in accordance with this section 8-9.

Zoning ordinance. The Zoning Ordinance of the City of Holyoke.

8.9.3 Overlay District.

1.

Establishment. The city smart growth zoning overlay district, hereinafter referred to as the "SGZD," is an overlay district having a land area of approximately 152 acres in size that is superimposed over the underlying zoning districts and is shown on the zoning map as set forth on the map entitled "Holyoke Smart Growth Zoning Overlay District, dated ___, prepared by ___." This map is hereby made a part of the zoning ordinance and is on file in the office of the city clerk.

2.

Subdistricts. The SGZD contains the following subdistricts:

i.

Gateway subdistrict. (Dwight Street, Linden Street, to Elm Street)

ii.

Downtown Mixed Use Subdistrict. (Dwight Street, Elm Street to Main Street)

8.9.4 Applicability of SGZD.

1.

Applicability of SGZD. An applicant may seek development of a project located within the SGZD in accordance with the provisions of the enabling laws and this section 8-9, including a request for plan approval by the PAA, if necessary.

2.

Underlying zoning. The SGZD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the zoning ordinance governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this section 8-9. Within the boundaries of the SGZD, a developer may elect either to develop a project in accordance with the requirements of the smart growth zoning overlay district, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the zoning ordinance governing the underlying zoning district(s).

3.

Administration, enforcement, and appeals. The provisions of this section 8-9 shall be administered by the city office for community development, except as otherwise provided herein. Any legal appeal arising out of a plan approval or plan review decision under sections 8.9.10 through 8.9.13 shall be governed by the applicable provisions of [M.G. L.A.] c. 40R. Any other request for enforcement or appeal arising under this section 8-9 shall be governed by the applicable provisions of [M.G.L.A.] c. 40A.

8.9.5 Permitted uses. The following uses are permitted as-of-right as noted in the table below for each subdistrict. All projects will be reviewed under either a plan approval or plan review process as described in section 8-9.10.:

Table 1. Table of use regulations for SGZD subdistricts

Notes:

a.

The total gross floor area devoted to nonresidential uses within a mixed-use development project shall not exceed 30 percent of the total gross floor area of the project.

b.

Neighborhood scale shall mean buildings with a maximum height of 60 feet.

c.

Downtown scale shall mean a maximum height of 120 feet.

d.

The minimum allowable as-of-right density requirements for residential uses specified in section 8-9.8 shall apply to the residential portion of any mixed-use development project.

8.9.6 Prohibited uses. All uses not expressly allowed are prohibited.

8.9.7 Housing and housing affordability.

1.

Number of affordable housing units. For all projects containing more than 12 residential units, not less than 20 percent of housing units constructed shall be affordable housing. The city planning department may approve individual projects of less than 13 units within the smart growth zoning overlay district which have less than 20 percent affordable housing units, provided that the total number of affordable housing units in the district shall not be less than 20 percent of total number of approved housing units in the district. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit. A project shall not be segmented to evade the affordability threshold set forth above.

2.

Monitoring agent. The city office of community development shall be designated as the monitoring agent for this ordinance. In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the mayor or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the mayor or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the SGZD, and on a continuing basis thereafter, as the case may be:

a.

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

b.

Income eligibility of households applying for affordable housing is properly and reliably determined;

c.

The housing marketing and resident selection plan conform to all requirements and are properly administered;

d.

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

e.

Affordable housing restrictions meeting the requirements of this section are recorded with the proper registry of deeds.

3.

Cost and eligibility requirements. Affordable housing shall comply with the following requirements:

a.

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

b.

For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

c.

For an affordable homeownership unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

4.

Prior to the granting of any building permit or plan approval for a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the city.

5.

Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the project of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the project. The total number of bedrooms in the affordable housing shall, insofar as practicable, be proportionate to the total number of bedrooms in all units in the project of which the affordable housing is part.

6.

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

a.

Specification of the term of the affordable housing restriction which shall be no less than thirty years;

b.

The name and address of the monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction;

c.

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project without specific unit identification;

d.

Reference to a housing marketing and resident selection plan, to which the affordable housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;

e.

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;

f.

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;

g.

A requirement that only an eligible household may reside in affordable housing and that notice of any lease of any affordable rental unit shall be given to the monitoring agent;

h.

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

i.

Provision that the restriction on an affordable homeownership unit shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an eligible household;

j.

Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;

k.

Provision that the owner[s] or manager[s] of affordable rental unit[s] shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the affordability provisions of this ordinance and containing such other information as may be reasonably requested in order to ensure affordability; and

l.

A requirement that residents in affordable housing provide such information as the monitoring agent may reasonably request in order to ensure affordability.

7.

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

8.

Age restrictions. Nothing in this section 8-9 shall permit the imposition of restrictions on age upon all projects throughout the entire SGZD. However, the PAA or city planning department may, in its review of a submission under section 8-9.11 allow a specific project within the SGZD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable fair housing laws and not less than 25 percent of the housing units in such a restricted project shall be restricted as affordable units. Any project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.

9.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this section 8-9.7 shall not be waived.

8.9.8 Dimensional and density requirements.

1.

Table of density requirements. The minimum residential densities listed in the table below must be met in the SGZD.

Table 2. Density Requirements in the SGZD
District

Notes:

a.

For mixed use developments, minimum density requirements are only applicable to the residential component of projects.

b.

Table of setback and height requirements. Notwithstanding anything to the contrary in this zoning ordinance, the dimensional requirements applicable in the SGZD shall be the dimensional requirements applicable to the DR district in the city zoning ordinance, or the following standards, whichever is less restrictive:

Table 3. Setback and Height Requirements in the SGZD District

*Note: For mill renovation projects, heights do not have to comply with the maximum heights included here and are only restricted to the height of the existing mill building.

[2.]

Dimensional waivers. The PAA may, in order to encourage the development of infill housing units, grant a waiver to the dimensional standards of section 8-9.8 (2), in accordance with section 8-9.12 (3).

8.9.9 Parking requirements. The parking requirements applicable for projects within the SGZD are as follows.

1.

Number of parking spaces. Unless otherwise approved by the PAA or city planning department, the minimum number of off-street parking spaces required for residential uses shall be one parking space per residential unit, provided by use, either in surface parking, within garages or other structures. The number of commercial parking spaces required shall be based upon the parking requirements of the underlying zoning district in the city zoning ordinance.

The PAA or city planning department may allow for a decrease in the required parking as provided in sections 8.8.9 (2) and 8.9.9 (3) below.

2.

Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the plan approval process (or, for projects requiring plan review by the city planning department prior to submission of any application for a building permit), if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

3.

Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the plan approval process (or, for projects requiring plan review by the city planning department, prior to submission of any application for a building permit), if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

a.

The availability of surplus off street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station;

b.

The availability of public or commercial parking facilities in the vicinity of the use being served;

c.

Shared use of off street parking spaces serving other uses having peak user demands at different times;

d.

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

e.

Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

f.

Such other factors as may be considered by the PAA or the city planning department.

4.

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

8.9.10 Plan approval and plan review of projects; general provisions.

1.

Plan approval. An application for plan approval or plan review shall be reviewed for consistency with the purpose and intent of sections 8.9.10 through 8.9.13. Such plan approval or plan review process shall be construed as an as-of-right review and approval process as required by and in accordance with the enabling laws.

The following categories of projects shall be subject to a plan review process:

a.

Any residential project containing less than 13 residential units; and

b.

Mixed use or commercial projects which are 5000 square feet or less.

The following types of projects shall be subject to a plan approval process:

a.

Any residential project containing at least 13 residential units; and

b.

Mixed use or commercial projects in excess of 5000 square feet;

2.

Plan approval authority (PAA). The city planning board, consistent with [M.G.L.A.] c. 40R and 760 CMR 59.00, shall be the plan approval authority (the "PAA"), and it is authorized to conduct the full plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGZD. Projects subject to plan review shall be reviewed by city planning department staff.

3.

PAA regulations. The plan approval authority may adopt administrative rules and regulations relative to plan approval. Such rules and regulations must be approved by the department of housing and community development.

8.9.11 Plan approval and plan review procedures.

1.

Preapplication and required submittals for plan review. For projects subject to plan review, a "concept plan" shall be submitted to the city planning department. Prior to the submittal of an application for projects that require plan approval, a "concept plan" must be submitted to help guide the development of the definitive submission for project build-out and individual elements thereof. Such concept plan should reflect the following:

a.

Overall building envelope areas;

b.

Open space and natural resource areas;

c.

Parking areas, or measures being used to provide parking; and

d.

General site improvements, groupings of buildings, and proposed land uses.

The concept plan is intended to be used as a tool for the applicant, planning department and the PAA to ensure that the proposed project design will be consistent with the design standards and other requirements of the SGZD.

2.

Required submittals for plan approval. An application for plan approval shall be submitted to the PAA on the form described in section 10.1.5 site plan review contents in effect on February 19, 2002, and in compliance with section 10.1.6 narratives in effect on February 19, 2002.

As part of any application for plan approval for a project within the SGZD submitted under sections 8.9.10 through 8.9.13 (or, for projects requiring plan review, prior to submission of any application for a building permit), the applicant must submit the following documents to the PAA (or the city planning department for projects requiring plan review) and the monitoring agent:

a.

Evidence that the project complies with the cost and eligibility requirements of section 8-9.7 (3);

b.

Project plans that demonstrate compliance with section 8-9.7 (5); and

c.

A form of affordable housing restriction that satisfies the requirements of section 8-9.7 (6). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All

landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of [one inch equals forty feet (1"=40') or larger], or at a scale as approved in advance by the PAA (or by the city planning department for projects requiring plan review).

3.

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

4.

Circulation to other boards. Upon receipt of the application, the PAA shall provide a copy of the application materials to the office for community development, board of health, conservation commission, building department, department of public works, fire department, and the engineering department and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 14 days of its receipt of a copy of the plan and application for approval.

5.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in of [M.G.L.A.] c. 40A § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the city clerk, within 120 days of the receipt of the application by the city clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the city clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan approval application.

6.

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

8.9.12 Plan approval decisions.

1.

Plan approval. Plan approval shall be granted where the PAA finds that:

a.

The applicant has submitted the required fees and information as set forth in the PAA regulations; and

b.

The project as described in the application meets all of the requirements and standards set forth in this section 8-9 and the PAA regulations, or a waiver has been granted therefrom;

c.

The project as described in the application conforms the attached design standards; and

d.

Any extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.

For a project subject to the affordability requirements of section 8-9.7, compliance with condition (b) above shall include written confirmation by the monitoring agent that all requirements of that section have been satisfied. The PAA may attach conditions to the plan approval decision that are necessary to ensure substantial compliance with this section 8-9, or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.

2.

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

a.

The applicant has not submitted the required fees and information as set forth in the regulations; or

b.

The project as described in the application does not meet all of the requirements and standards set forth in this section 8-9 and the PAA regulations, or that a requested waiver therefrom has not been granted;

c.

The project as described in the application does not conform to the attached design standards; or

d.

It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

3.

Waivers. Upon the request of the applicant, the plan approval authority may waive dimensional and other requirements of section 8-9, including the design standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGZD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section 8-9.

4.

Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, the proportion of affordable to market rate units shall be consistent across all phases, and the proportion of existing zoned units to bonus units (as those terms are defined under 760 CMR 59.00) shall be consistent across all phases.

5.

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

6.

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

(Ord. of 2-19-02 [45th amd.], § 8.0; Ord. of 6-3-08 [75th amd.], § 1)

8.9.1 Purpose. The purpose of the RM-LD is to allow a multifamily zoning district for low density developments on parcels of more than one acre that:

• Promote choice and opportunity in the living units within the city

• Further add to a variety of housing types within the city

• Preserve unique natural or historical features by incorporating said features into the project design

• Minimize obstruction of scenic views from publicly accessible locations

• Is integrated into the existing terrain and surrounding landscape

• Is designed to protect abutting properties and community amenities

• Is designed to fit into the surrounding neighborhood

8.9.2 Dimensional regulations. All multifamily dwellings shall conform to the dimensional requirements specified in table 5.2.

*Developments within the Aquifer Protection District will be required to contain 45 percent open space.

At least 50 percent of the remaining area of the lot shall be open space.

8.9.3 Design standards. In order to achieve a development that reflects the residential character of the neighborhood in which it is located, the following minimum building and design standards shall be applied to all structures constructed in a RM-LD development. When reviewing site plans, the planning board must consider the following general review criteria in addition to the more specific requirements that are listed elsewhere in this ordinance.

1.

Attention shall be given by the planning board as to whether the proposed site design, development layout, number, type and design of housing constitutes a suitable development for the neighborhood within which it is to be located.

2.

Dwelling units should be constructed in appropriate clusters, which are harmonious with neighborhood development and will not detract from the ecological and visual qualities of the environment.

3.

The front facade of all structures shall be oriented toward the access road serving the premises and not toward any parking lot or abutting property.

4.

There shall be no more than four dwelling units per structure.

5.

All structures shall, principal and accessory, have a varied roofline, articulated footprint and should have varied facades.

6.

Accessory structures shall comply with all setback requirements and shall be designed with architectural detailing of similar nature to the principal buildings located thereon.

7.

No structure shall be greater than 10,000 square feet in gross floor area. [For purposes of this section, gross floor area shall include attached garages.]

8.

The construction of individual garages attached to or within housing units is encouraged where feasible, taking into consideration the topography, layout, type, architectural design and price of unit. Garages, if provided, shall be made an integral part of the principal structure.

9.

A minimum of 25 feet of separation between buildings shall be provided which shall be landscaped.

10.

For principal structures that abut an access road along the front and rear yard there shall be provided an adequate landscape buffer, a minimum of six feet in height and five feet in width, along the rear yard abutting the access road. If existing vegetation is adequate for screening, it will be preferred to maintain the natural buffer.

11.

Access roads, pedestrian/biking facilities and all infrastructure and utilities shall be designed and constructed in accordance with the city subdivision rules and regulations to the extent possible.

12.

All lighting fixtures shall be integrated into the architectural style of the development. All exterior structural and sight lighting (not including access road lighting) shall be retained on site and shall not create a nuisance to abutting properties and streets. All exterior light sources shall be appropriately shielded from off-premise viewing. Access road lighting shall be designed to prevent nuisance to abutting properties by reason of light and glare.

13.

One sign, no greater than 40 square feet in size and six feet in height, shall be allowed at each intersection of the project's access road with the abutting public way. Signage may be illuminated with projected lighting, but shall not be backlit or internally lit.

8.9.4 Parking standards. All RM-LD developments shall provide for adequate off-street parking which will protect the health, safety and welfare of the residents and guests.

1.

A minimum of two and one-half off-street parking spaces shall be provided per unit. In cases where an odd number of units are proposed, spaces shall be rounded up to the nearest whole space.

2.

No parking spaces or parking lots shall be located within the required front yard setback of the principal structure. Driveways shall be constructed in compliance with section 6.1.8.

3.

All parking lots shall be screened from abutting access roads, properties and streets through the use of landscaped berms and evergreen shrubs and trees. The buffer shall be a minimum of four feet in height and five feet in width.

8.9.5 Planning board findings. In making its decision the planning board must make findings on the following mandatory standards requiring that the proposed use, buildings and structures for a low density multifamily residential district development will:

1.

Be compatible with adjacent land uses and with the character of the neighborhood in which it is located.

2.

Provide safe and convenient access to the site from existing or proposed roads, and to proposed structures thereon, with particular reference to pedestrian and vehicular safety, traffic flow and control, and access in case of fire or emergency.

3.

Provide for adequate capacity for public services, facilities, and utilities to service the proposed development such as water pressure and sewer capacity.

4.

Provide for visual and noise buffering of the development to minimize impact to abutting properties.

5.

Create no nuisance to abutting properties by reason of light, noise, dust, vibration or stormwater runoff.

6.

Provide for long-term maintenance of the stormwater management system.

(Ord. of 11-18-08 [81st amd.], § 1)