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

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

All man-made changes to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations in the NFI District, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40 and with the following:

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

In Zones AE, along watercourses within the Town of Lexington that have a regulatory floodway designated on the Middlesex County FIRM Map, 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.

All subdivision proposals must be designed to assure that:

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

Multimodal consideration. To ensure that the safety and mobility of all users of the circulation and transportation systems, including vehicles, public transit, pedestrians and cyclist, are considered equally;

Context sensitive design. To incorporate, throughout project planning, design, and construction, the overarching principles of Context Sensitive Design, including attention to scenic, aesthetic, historic, and environmental resources; and

Clear process. To develop and implement plans adopted through a broad-based, clear and transparent process.

Assessment of the impacts of reasonably anticipated future development in the TMO District considering current zoning bylaws and other legal and physical constraints;

Analysis of existing capital improvement plans or the facilities element of a plan adopted under MGL c. 41, § 81D;

Cost projections for transportation infrastructure improvements required to address the impacts generated by the anticipated development in the TMO District, including the potential impact on nearby residential streets and neighborhoods;

Analysis of other reasonably anticipated sources of funding;

Required transportation mitigation fees in accordance with a methodology determined pursuant to this study;

Off-street parking and loading requirements for the TMO District;

Parking and Transportation Demand Management techniques reasonably calculated to reduce the number of vehicle trips generated by developments in the TMO District and to ensure the long term stability of the transportation system;

An implementation program that defines and schedules the specific municipal actions necessary to achieve the objectives of the plan; and

A plan to encourage voluntary participation in TDM programs by those not required to participate.

The plan shall be updated periodically to reflect actual development activity, actual costs of infrastructure improvements completed or underway, plan changes, or amendments to the zoning bylaws.

Timing of payment. Payment of the transportation mitigation fee shall be in cash, under terms and conditions specified in the TMO District plan.

Payment use. Any transportation mitigation fees paid to the Town are intended to be used to fund transportation infrastructure improvements that are necessitated by the proposed development of the applicant. Examples of appropriate uses include the costs related to the provision of equipment, infrastructure, facilities, services, or studies associated with the following: traffic mitigation; public transportation; bicycle and pedestrian accommodations or other transportation-related improvements. Except where deficiencies are exacerbated by the new development, in which case the fee may be assessed only in proportion to the deficiency so exacerbated, the fee shall not be expended for personnel costs, normal operation and maintenance costs, or to remedy deficiencies in existing facilities. The expenditure of the fees without Town Meeting appropriation is prohibited.

Rough proportionality and reasonable benefit to fee payer. The transportation mitigation fee shall be determined by the TMO District plan described in § 7.2.4. The fee shall be roughly proportionate to the impacts created by the development. The purposes for which the fee is expended shall reasonably benefit the proposed development.

Permit considerable flexibility in the development of tracts of land by requiring few predetermined standards;

Permit a developer to propose, and for the Town to vote on, a site development and use plan unique to a particular location;

Permit the use of development standards more detailed than the more general standards elsewhere in this bylaw; and

Provide information for the Town to evaluate the potential impacts of a proposed development and to enable the Town to require adherence to such site development plans.

Standards for development. A PD District does not have predetermined standards for development. Such standards are to be proposed by the developer, included in the preliminary site development and use plan, and approved by Town Meeting.

Uses permitted. Any uses may be permitted in a PD District if they are clearly identified in the preliminary site development and use plan approved by Town Meeting.

Compliance required. No use is permitted and no development may occur in a PD District except in substantial conformity with a preliminary site development and use plan approved by Town Meeting, the provisions of this section and site plan review under § 9.5. In no case may the use or development be inconsistent with the text of the preliminary site development and use plan.

Filings. Each petition presented to the Town Meeting for rezoning land to a PD District shall include a preliminary site development and use plan describing the proposed zoning provisions and development plan as described in the Planning Board's rules and regulations. Two copies of the preliminary site development and use plan, which accompanies a petition for a rezoning, shall be filed with the Town Clerk and one copy with the Planning Board at least three weeks prior to the Planning Board public hearing required to be held under MGL c. 40A. Subsequent to that public hearing, revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board. The vote of the Town Meeting shall refer to the preliminary site development and use plan and it shall be considered part of the rezoning action.

Previous amendments. The preliminary site development and use plan for an existing PD District that was approved by an earlier Town Meeting may be amended. The proposed amendments shall be presented and acted upon in the same manner set forth in this section for an original petition.

Application for site plan review. The application for site plan review under this section shall be accompanied by a copy, certified by the Town Clerk, of the preliminary site development and use plan approved by the Town Meeting.

Building-mounted solar energy systems and small-scale solar energy systems shall be permitted by right.

Canopy solar energy systems and large-scale solar energy system shall be permitted with site plan review under § 135-9.5.

Height near streets. The difference between the upper elevation of each segment of a building or structure and the center-line grade of any street or bikeway shall be no greater than the distance from that segment to the center line of a street multiplied by 1.0 or to the center line of a bikeway multiplied by 2.0.

At least 15% of the developable site area of each lot shall be devoted to outdoor amenities, including but not limited to courtyards, street-side or rooftop terraces, plazas, or passageways for pedestrians or bicycles.

Outdoor amenities may be directed at the general public; directed at residents, businesses and patrons, but open to the public; or private to a specific user.

For the purpose of this section, multiple lots may be considered as a single lot where a binding agreement provides for shared use and maintenance of the amenities.

The Planning Board may adopt design standards for outdoor amenities through regulations.

Buildings which are not designed to meet the requirements to demonstrate certifiability at the Silver level using the LEED v4 for Building Design and Construction: Core and Shell checklist, as outlined by the United States Green Building Council, are limited to 65 feet in height.

Buildings utilizing on-site combustion for HVAC system operation are limited to six stories.

The Planning Board in its regulations may establish additional standards for site plan review under § 9.5 incorporating sustainability principles that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community.

To provide family housing and ensure compliance with MGL c. 40A § 3A;

To promote multifamily housing near retail sales and services, office, civic, and personal service uses;

To reduce dependency on automobiles by providing opportunities for upper-story and multifamily housing near public transportation such as bus stops, the Minuteman Commuter Bikeway, and major transportation routes;

To ensure pedestrian-friendly development by permitting higher-density housing in areas that are walkable to public transportation, shopping, and local services;

To respond to the local and regional need for affordable housing by permitting a variety of housing types with inclusionary housing requirements;

To encourage economic investment in the redevelopment of properties;

To encourage residential and commercial uses to provide a customer base for local businesses; and

To meet the goals of the housing element of the 2022 Lexington NEXT Comprehensive Plan.

All developments under this section shall include multifamily housing. All residential uses under this section shall be multifamily housing.

Developments may also include nonresidential uses permitted in an underlying zoning district.

Where the underlying zoning district is the CB District, at least 30% of the net floor area of the street floor shall be occupied by uses permitted on the street floor in the CB District. No more than the greater of 20% or 20 feet of the frontage on a public way may be dedicated to residential uses.

Developments in the VO District may contain nonresidential uses on the street floor and basement to the extent permitted in either the CRS or CB Zoning District, except that:

Accessory uses for residential uses are permitted to the same extent they would be permitted in the RO District.

Section 4.1.4 (One Dwelling Per Lot) does not apply.

Section 4.2.2 (Lot Regularity), § 4.2.3 (Lot Area), and § 4.2.4 (Lot Frontage) do not apply to lots with existing buildings.

Section 4.3.5 (Height of Dwellings Near Lot Lines) does not apply.

Section 4.4 (Residential Gross Floor Area) does not apply.

Nonresidential FAR is not restricted.

The minimum required front yard in feet is the lesser of that required in the underlying zoning district or 15 feet, except that where 50% or more of the facade facing the public way is occupied by nonresidential principal uses, no front yard is required. Minimum required front yard areas shall be used as amenity space available for occupants and semipublic uses such as landscaping, benches, tables, chairs, play areas, public art, or similar features. Parking spaces are not permitted in the minimum required front yard.

The minimum required side yard in feet is the lesser of that required in the underlying zoning district and that shown below:

The minimum required rear yard in feet is the lesser of that required in the underlying zoning district and 15 feet.

The site coverage is not restricted.

Except as noted below, the maximum height in feet of buildings is:

The number of stories is not restricted.

The parking factor for dwelling and rooming units is one per unit.

The parking factor for other uses shall be the same as in § 5.1.4 (Table of Parking Requirements) for the CB District.

Developments under this section may provide fewer parking spaces where, in the determination of the Planning Board, proposed parking is found to be sufficient to meet the needs of the development. In making such a determination the Planning Board may develop regulations to evaluate any parking reduction requests to consider complementary uses, proximity to public transportation, proximity to municipal and street parking, transportation demand management (TDM) measures, and shared parking arrangements at the Board's discretion.

Transition areas, as specified under § 5.3.4 (Transition Areas), are required only along the boundary of the Village Overlay Districts (VO, MFO, and VHO) and shall have a depth of five feet.

Notwithstanding § 7.3.2.3 (Compliance required) and § 7.3.3 (Existing RD and CD Districts), development under this section, development of related accessory structures and improvements, and removal of existing structures and improvements need not conform to a preliminary site development and use plan.

Section 8.7.1.2 (Increase in Floor Area) does not apply.

Section 8.7.2 (Reconstruction or Replacement of a Building) does not apply.

In any development containing between 10 and 13 dwelling units, 10% of the dwelling units shall be inclusionary dwelling units with a household income limited to 80% of the area median income and eligible for inclusion on the EOHLC's Subsidized Housing Inventory. In any development containing 14 or more dwelling units, at least 15% of the dwelling units shall be inclusionary dwelling units with household income limited to 80% of the area median income and eligible for inclusion on the EOHLC's Subsidized Housing Inventory. Where a fraction of a dwelling unit is required for this calculation, the amount of required dwelling units shall be rounded down. If EOHLC determines in writing that the Town has not shown this 15% requirement to be feasible, at least 10% of the dwelling units in any development containing 10 or more units shall be inclusionary dwelling units with household income limited to 80% of the area median income and eligible for inclusion on the Subsidized Housing Inventory.

Inclusionary dwelling units shall be substantially similar in size, layout, parking, construction materials, fixtures, amenities, and interior and exterior finishes to the other dwelling units in the same dwelling.

Inclusionary dwelling units shall be proportionally dispersed throughout the development and not concentrated within particular sections of a dwelling or within particular dwellings.

Occupants of inclusionary dwelling units shall have the same access to common areas, facilities, and services as enjoyed by other occupants of the development, including, but not limited, to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and resident services.

The Planning Board, in consultation with the Select Board, the Housing Partnership Board, and the Commission on Disability, may adopt regulations consistent with EOHLC's Compliance Guidelines and this section to facilitate equitable size, physical characteristics, location, and access to services for the inclusionary units and the form of required legal restrictions.

Certificate of occupancy. No certificate of occupancy for a dwelling unit in a development permitted under this section shall be issued until the regulatory agreements for any inclusionary dwelling units are recorded.