5.0.1

Purpose. The purpose of the floodplain district is to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the floodplain and to preserve and maintain the groundwater table and water recharge areas within the floodplain.

5.0.2

District delineation. The floodplain district is herein established as an overlay district. The district includes all special flood hazard areas within the town designated as zone A and AE on the 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 county FIRM that are wholly or partially within the town are panel numbers 25013C0207E, 25013C0209E, 25013C0217E, 25013C0226E, 25013C0227E, 25013C0228E, 25013C0229E, 25013C0231E, 25013C0232E, 25013C0233E, 25013C0234E, 25013C0236E, 25013C0237E, 25013C0240E, 25013C0241E, 25013C0242E, and 25013C0245E dated July 16, 2013. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the 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 town clerk, planning board, building commissioner, conservation commission and the department of public works.

5.0.3

Use regulations. The floodplain district is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted as a right or by special permit, must be in compliance with chapter 131, section 40 of the Massachusetts General Laws and with the following:

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

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

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

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

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

5.0.4

Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows shall be permitted provided they do not require structures, fill or storage of materials or equipment:

a.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

b.

Forestry and nursery uses.

c.

Outdoor recreational uses, including fishing, boating, play areas, etc.

d.

Conservation of water, plants, wildlife.

e.

Wildlife management areas, foot, bicycle and/or horse paths.

f.

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

g.

Buildings lawfully existing prior to the adoption of these provisions.

5.0.5

Special permits in floodplain district. No structure or building shall be erected, constructed, substantially improved, reconstructed (except as provided in section 5.0.3 above), or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a special permit is granted by the planning board. Said board may issue a special permit hereunder (subject to other provisions of the bylaw—see section 7.0) if the application is compliant with the following provisions:

a.

The proposed use shall comply in all respects to the provisions of the underlying district in which the land is located.

b.

In accordance with M.G.L. chapter 40A, section 9, special permits may only be issued following a public hearing which must be held within 65 days after a special permit application is filed with the special permit granting authority. The applicant shall also file a copy of the special permit application forthwith with the town clerk. The special permit granting authority shall take final action on an application for special permit within 90 days following the public hearing. Failure to do so shall constitute approval. A unanimous vote of a three-member board and a vote of at least four members of a five-member board is required.

c.

All encroachments, including fill, new construction, substantial improvements to existing structures and other development are prohibited in the floodway unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

d.

The board may specify such additional requirements and conditions as it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.

e.

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

f.

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.

g.

All subdivision proposals must be designed to assure that:

i)

Such proposals minimize flood damage;

ii)

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

iii)

Adequate drainage is provided to reduce exposure to flood hazards.

h.

In a riverine situation, the conservation commission 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, Suite 600-700
Boston, MA 02114-2104

•

NFIP program specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110

(5-13-2013 ATM)

Special permits for business uses in the agriculture: moderate density overlay district, if consistent with this bylaw in all other respects, shall be granted only if the planning board determines that the proposal's benefits to the town or vicinity will outweigh any adverse effects, after consideration of the following:

5.1.1

Location.

a.

The proposal will be located near uses which are similar to the proposed use or, if not, the nearby uses will be ones likely to benefit from rather than be damaged by having the proposed activity nearby.

b.

Public water supply will be available or will be made available without increased cost to the town and serving this use at this location will pose no problems which are unusual.

c.

If the proposed project will employ more than ten full-time people, then public sewer will be available or will be made available without increased cost to the town and serving this use will pose no problems to the town which are unusual.

d.

The proposal will not cause environmental stress from erosion, siltation, ground water or surface water contamination, or habitat disturbance on the site.

5.1.2

Activity type and mix.

a.

The proposed activity will contribute to the diversity of services available to the town.

b.

Any retail services will be designed to serve the town's population rather than a larger region.

c.

The proposal will add little to traffic congestion, considering the location, the number of trips likely to be attracted, and any special access provisions committed (e.g. bike storage facilities, employee ridesharing) and uses with an average number of 100 trips generated per day per 1,000 square feet of gross floor area.

d.

The proposal will pose no environmental hazard because of use or storage of explosive, flammable, toxic, or radioactive materials.

e.

The proposal will not result in air pollution or excessive noise.

5.1.3

Site design.

a.

Scenic views from public ways and other developed properties will be considerately treated in the design of the site.

b.

Topographic change will be in keeping with the surrounding topography.

c.

Removal of existing trees or other important natural features will be avoided.

d.

Pedestrian movements within the site and to other places will be well provided for.

e.

Vehicular movement within the site will be safe and convenient, and arranged so as to not disturb abutting properties.

f.

Visibility of parking and service areas from public streets will be minimized through facility location and the use of topography and vegetation.

g.

Potential disturbances such as noise, glare, and odors will be effectively confined to the premises through buffering or other means.

h.

Water quality will be protected through appropriate location and design of disposal facilities in relation to water bodies and site geology.

i.

One driveway per business shall be permitted as a matter of right. Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 24 feet in width.

j.

The planning board may waive up to 25 percent of the required parking spaces under section 6.4, parking requirements, in the agriculture moderate density district.

5.1.4

Facility design.

a.

Scenic views from public ways and other developed properties will be considerately treated in the design of the building(s).

b.

Primary exterior materials will match the appearance of materials commonly found on existing buildings within the town.

c.

Domestic scale will be maintained in the building(s)' design through massing devices such as breaks in walls and root planes and through the design of architectural features.

(10-2-2006; 10-1-2018)

5.2.1

Purpose. The purpose of the aircraft flight overlay district is to protect the public health, safety, and general welfare, and to protect human life and property from hazards of aircraft noise and accident potential created by the town's proximity to Westover Air Force Base.

5.2.2

District delineation. The aircraft flight district is delineated on the aircraft flight overlay district map dated January 15, 1992.

5.2.3

Use regulations. The aircraft flight overlay district is established as an overlay district to all other districts. See section 3.2.7 for prohibited uses.

5.3.1

Purpose of district. To promote the health, safety, and welfare of the community by protecting and preserving the surface and groundwater resources of the town and the region from any use of land or buildings which may reduce the quality of its water resources. All activities must comply with 310 CMR 22.00 Drinking Water Regulations, and MGL chapter 21G Water Management Act.

5.3.2

Definitions.

a.

Groundwater. All water found beneath the surface of the ground.

b.

Watershed. Lands lying adjacent to water courses and surface water bodies which create the catchment or drainage areas of such water courses and bodies.

c.

Leachable wastes. Waste materials including solid wastes, sludge and pesticide and fertilizer wastes capable of releasing water-borne contaminants to the environment.

d.

Impervious surfaces. Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.

e.

Trucking terminal. Business which services or repairs commercial trucks which are not owned by the business.

f.

Hazardous waste. A waste which is hazardous to human health or the environment. Hazardous wastes have been designated by the U.S. Environmental Protection Agency under 40 CFR 250 and the Regulations of the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws, chapter 21C.

5.3.3

District delineation.

a.

The water supply protection district is herein established to include all lands within the town lying within the watershed areas of the Springfield Reservoir and the Nash Hill Reservoir which now or may in the future provide public water supply. The map entitled "Ludlow Water Supply Protection District", Town of Ludlow, on file with the town clerk, delineates the boundaries of the district.

b.

Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located.

5.3.4

Prohibited uses.

a.

Business and industrial uses, not agricultural, which manufacture, use, process, store, or dispose of hazardous materials or wastes as a principal activity, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning, and auto body repair, or which involve on-site disposal of process waste waters.

b.

Trucking terminals, bus terminals, car washes, motor vehicle gasoline sales, automotive service and repair shops.

c.

Solid waste landfills, dumps, auto recycling, junk and salvage yards, with the exception of the disposal of brush or stumps.

d.

Underground storage and/or transmission of petroleum products excluding liquefied petroleum gas.

e.

Outdoor storage of salt, de-icing materials, pesticides or herbicides.

f.

Dumping or disposal on the ground, in water bodies, or in residential septic systems of any toxic chemical, including but not limited to septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichloroethane, or other household hazardous wastes. (See list of prohibited chemicals at board of health or town clerk's office).

g.

New uncontained storage of manure, fertilizer, road de-icing, and sanding materials;

h.

New facilities that generate, treat, store or dispose of hazardous waste;

i.

New solid waste combustion or handling facilities;

j.

New sand and gravel excavation operations;

k.

New disposal of snow from outside zone A that contains de-icing materials;

l.

New junk, salvage, or motor vehicle repair operations;

m.

New activities with greater than 15 percent impervious surface, 20 percent with artificial recharge or 2500 s.f.; and

n.

New commercial outdoor washing of vehicles, new commercial car washes.

5.3.5

Restricted uses.

a.

Excavation for removal of earth, sand, gravel, and other soils shall not extend closer than five feet above the annual high groundwater table. A monitoring well shall be installed by the property owner to verify groundwater elevations. This section shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal.

(1)

Access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.

(2)

Upon completion of earth removal operations, all altered areas shall be restored with topsoil and vegetative plantings. All fine materials, such as clays and silts, removed as part of the earth removal operation and leftover as by-products, shall be disposed of off-site to prevent damage to aquifer recharge characteristics.

b.

Sodium chloride for ice control shall be used at the minimum salt to sand ratio which is consistent with the public highway safety requirements, and its use shall be eliminated on roads which may be closed to the public in winter.

c.

Salt storage areas shall be covered and be located on a paved surface, with berms to prevent run-off from leaving the site.

d.

Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable materials shall be used with manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface and groundwater.

e.

Above-ground storage tanks for oil, gasoline, or other petroleum products shall be placed in a building, either in a concrete basement, or other indoor location on a diked, impermeable surface sufficient to contain the volume of the tank plus ten percent to prevent spills or leaks from reaching groundwater.

f.

Installation of on-site sewage disposal systems shall not be installed in areas where soil percolation rates are faster than two minutes per inch without additional measures imposed by the board of health. (See board of health regulations).

5.3.6

Drainage. For commercial and industrial uses, to the extent feasible, run-off from impervious surfaces shall be recharged on the site by being diverted toward areas covered with vegetation for surface infiltration. Such run-off shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. All recharge areas shall be permanently maintained in full working order by the owner(s).

5.3.7

Special permit uses.

a.

Uses allowed by special permit. The following uses may be allowed by special permit obtained from the planning board:

(1)

Commercial and industrial uses which are allowed in the table of uses;

(2)

Any enlargement, intensification, or alteration of an existing commercial or industrial use;

(3)

The rendering impervious of more than 20 percent of any single residential lot.

5.3.8

Requirements for special permit in the water supply protection district. The applicant shall file six copies of a site plan prepared by a qualified professional with the planning board. The site plan shall at a minimum include the following information where pertinent.

a.

A complete list of chemicals, pesticides, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.

b.

Those businesses using or storing such hazardous materials shall file a hazardous materials management plan with the planning board, hazardous materials coordinator, fire chief, and board of health which shall include:

(1)

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage or vandalism, including spill containment and clean-up procedures.

(2)

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

(3)

Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Mass. Department of Environmental Protection.

c.

Drainage recharge features and provisions to prevent loss of recharge.

d.

Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.

5.3.9

Additional procedures for special permit in the water supply protection district.

a.

The planning board shall follow all special permit procedures contained in section 5.1.

b.

The planning board may grant the required special permit only upon finding that the proposed use meets the following standards and those specified in section 5.1 of this bylaw. The proposed use must:

(1)

In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the water supply protection district; and

(2)

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

c.

The planning board shall not grant a special permit under this section unless the petitioner's application materials include, in the board's opinion, sufficiently detailed, definite and credible information to support positive findings in relation to the standards given in this section.

5.3.10

Requires buffer strip along river and stream banks. The following requirements shall apply to all uses allowed by right or by special permit:

a.

A buffer strip extending 100 feet in width landward from the bank of all rivers and streams shall be required for all land within the water supply protection district. If any lot existing at the time of adoption of this bylaw does not contain sufficient depth measured landward from the riverbank to provide a 100-foot buffer strip, the buffer strip may be reduced to 50 percent of the available lot depth, measured landward from the river or stream bank.

b.

The buffer strip shall include trees and shall be kept in a natural condition.

c.

No buildings nor structures shall be erected, enlarged, altered or moved from within the buffer strip.

d.

On-site waste water disposal systems shall be located no less than 150 feet from the normal high water mark of a river or stream.

5.3.11

Non-conforming use. Non-conforming uses which were lawfully existing, begun, or in receipt of a building or special permit prior to the first publication of notice of public hearing for this bylaw may be continued. Such non-conforming uses may be extended or altered, as specified in M.G.L. chapter 40A, section 6, provided that there is a finding by the planning board that such change does not increase the danger of surface or groundwater pollution from such use.

(10-7-2002 STM)

5.4.1

Purpose. To encourage the preservation and revitalization of the East Street corridor.

5.4.2

Definition of area. The East Street revitalization zone is that portion of East Street running from its intersection with State Street to its intersection with King Street on its northerly side and Stevens Street on its southerly side. This district would include non-industrial parcels that abut East Street and lie partly or completely within 200 feet of East Street.

5.4.3

Deleted 10-3-2005.

5.4.4

Allowed uses.

a.

Residential.

(1)

Single or multi-family dwellings and accessory buildings as permitted in residence B zones (including home occupations and accessory apartments with special permit approval).

(2)

Combined business/residential structures incorporating only allowed commercial uses.

b.

Commercial.

(1)

Commercial enterprises as permitted in business A zones, subject to site plan approval.

(2)

Certain other commercial enterprises as described in the following list of permitted uses, subject to site plan approval.

(3)

Other commercial enterprises as listed:

Apartments

Arcades/billiard halls

Athletic clubs

Barber/hair styling/personal care shops

Children's care facilities

Driving schools

Food preparation

Funeral homes

Libraries/museums

Offices

Open-air parking facilities

Restaurants/lounges/cafés/bars

Retail shops

Services

Theaters

c.

Other.

(1)

Government offices.

(2)

Business or civic organizations.

(3)

Schools, churches, and other not for profit public facilities.

5.4.5

Prohibited uses.

a.

Hotels, motels, lodging.

b.

Auto repair, auto sales, auto bodies, auto service stations.

c.

Transportation centers.

d.

Veterinary/pet care facilities.

(10-3-2005 STM)

5.5.1

Purpose. The purposes of this section 5.5 are:

1.

To establish a smart growth overlay district and encourage smart growth in accordance with the purposes of M.G.L. chapter 40R.

2.

To encourage new development close to existing infrastructure and services in order to protect open space and farmland in the outer reaches of the town.

3.

To support private developers in their efforts to provide a range of safe, quality housing options for individuals and families of all ages and incomes.

4.

To develop new homes which are consistent with the character of Ludlow's existing neighborhoods.

5.

To encourage development types as delineated in the 2011 master plan.

5.5.2

Definitions. For purposes of this section 5.5, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the enabling laws or section 5.5.2, or as set forth in the plan approval authority regulations. To the extent that there is any conflict between the definitions set forth in section 5.5.2 or the PAA regulations and the enabling laws, the terms of the enabling laws shall govern.

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

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

Affordable housing restriction means a deed restriction of affordable housing meeting statutory requirements in M.G.L. chapter 184, section 31 and the requirements of section 5.5.6.5 of this bylaw.

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

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

As-of-right means a use allowed under section 5.5.5 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 5.5.9 through 5.5.13 shall be considered an as-of-right project.

Bicycle parking facilities means bicycle racks or other provision for indoor or outdoor storage of bicycles. Storage must allow for the locking of bicycles to racks or inside storage containers.

Department or DHCD means the Massachusetts Department of Housing and Community Development, or any successor agency.

Design standards means provisions of section 5.5.13 made applicable to projects within the SGOD that are subject to the plan approval process.

Eligible household means 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 means G.L. chapter 40R and 760 CMR 59.00.

Mixed-use development project means a project containing a mix of residential uses and non-residential uses, as allowed in table 1, and subject to all applicable provisions of this section 5.5.

Monitoring agent means the local housing authority or other qualified housing entity designated by the PAA pursuant to section 5.5.6.2, to review and implement the affordability requirements affecting projects under section 5.5.6.0.

PAA regulations means the rules and regulations of the PAA adopted pursuant to section 5.5.9.3.

Plan approval means standards and procedures which all plan approval projects in the SGOD must meet pursuant to sections 5.5.9 through 5.5.13 and the enabling laws.

Plan approval authority (PAA) means the local approval authority authorized under section 5.5.9.2 to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.

Project means a residential project or mixed-use development project undertaken within the SGOD in accordance with the requirements of this section 5.5.

Residential project means a project that consists solely of residential, parking, and accessory uses, as further defined in section 5.5.5.

SGOD means the smart growth overlay district established in accordance with this section 5.5.

Zoning bylaw means the zoning bylaw of the Town of Ludlow.

5.5.3

Overlay district.

5.5.3.1

Establishment. The Ludlow Smart Growth Overlay District, hereinafter referred to as the "SGOD," is an overlay district having a land area of approximately 226 acres in size that is superimposed over the underlying zoning district(s) and is shown on the zoning map as set forth on the map entitled "Ludlow Smart Growth Overlay District," dated May 12, 2011, prepared by Pioneer Valley Planning Commission. This map is hereby made a part of the zoning by-law and is on file in the office of the town clerk.

5.5.3.2

Sub-districts. The SGOD contains the following sub-districts:

a.

East Street corridor mixed use sub-district.

b.

Riverside mixed use sub-district.

c.

Ludlow Mills mixed use sub-district.

5.5.4

Applicability of SGOD.

5.5.4.1

Applicability of SGOD. An applicant may seek development of a project located within the SGOD in accordance with the provisions of the enabling laws and this section 5.5, including a request for plan approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the zoning bylaw, such application shall not be subject to any other provisions of the zoning bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.

5.5.4.2

Underlying zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the zoning bylaw governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this section 5.5. Within the boundaries of the SGOD, a developer may elect either to develop a project in accordance with the requirements of the smart growth zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the zoning bylaw governing the underlying zoning district(s).

5.5.4.3

Administration, enforcement, and appeals. The provisions of this section 5.5 shall be administered by the zoning enforcement officer, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA under sections 5.5.9 through 5.5.13 shall be governed by the applicable provisions of M.G.L. chapter 40R. Any other request for enforcement or appeal arising under this section 5.5 shall be governed by the applicable provisions of M.G.L. chapter 40A.

5.5.5

Permitted uses. The restrictions and controls intended to regulate development in each district are set forth in table 1 as follows:

All projects in a SGOD must have a residential use. Retail, service, and manufacturing uses will not be permitted without a residential component.

Use regulations for the following sub-districts are detailed in table 1:

** Not permitted unless within a mixed-use development project

Additional notes:

a.

All uses not specifically mentioned in table 1 are prohibited.

b.

The total gross floor area devoted to non-residential uses within a mixed-use development project shall be less than 50 percent of the total gross floor area of the project.

c.

Neighborhood scale shall mean buildings with a maximum height of three stories.

d.

Downtown scale shall mean a maximum height of five stories.

e.

The minimum allowable as-of-right density requirements for residential uses specified in section 5.5.7 shall apply to the residential portion of any mixed-use development project.

5.5.6

Housing and housing affordability.

5.5.6.1

Number of affordable housing units. For all projects, not less than 20 percent of housing units constructed shall be affordable housing. 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. Unless the PPA provides a waiver on the basis that the project is not otherwise financially feasible, 25 percent of rental dwelling units constructed in a rental project must be affordable rental units. A project shall not be segmented to evade the affordability threshold set forth above.

5.5.6.2

Monitoring agent. A monitoring agent which may be the local housing authority or other qualified housing entity shall be designated by the PAA. In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the SGOD, and on a continuing basis thereafter, as the case may be:

1.

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

2.

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

3.

The housing marketing and resident selection plan conform to all requirements have been approved by DHCD specifically with regard to conformance with M.G.L. chapter 40R and 760 CMR 59.00 and are properly administered;

4.

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

5.

Affordable housing restrictions meeting the requirements of this section are approved by DHCD specifically with regard to conformance with M.G.L. chapter 40R and 760 CMR. 59.00, and recorded with the county registry of deeds.

5.5.6.3

Submission requirements. As part of any application for plan approval for a project within the SGOD submitted under sections 5.5.9 through 5.5.13 (or, for projects not requiring plan approval, prior to submission of any application for a building permit), the applicant must submit the following documents to the PAA and the monitoring agent:

1.

Evidence that the project complies with the cost and eligibility requirements of section 5.5.6.4;

2.

Project plans that demonstrate compliance with the requirements of section 5.5.6.5; and

3.

A form of affordable housing restriction that satisfies the requirements of section 5.5.6.6.

These documents in combination, to be submitted with an application for plan approval (or, for projects not requiring plan approval, prior to submission of any application for a building permit), shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

5.5.6.4

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

1.

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households. If approved by DHCD, preference will be given to local residents.

2.

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.

3.

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.

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 town.

5.5.6.5

Design and construction. Units of affordable housing shall be finished housing units. Unless otherwise approved by DHCD, under the 40R program, units of affordable housing shall be dispersed proportionately throughout all residential unit types contained within 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 be at least proportionate to the total number of bedrooms in all units in the project of which the affordable housing is part.

5.5.6.6

Affordable housing restriction. Each project shall be subject to an affordable housing restriction which is approved by DHCD for 40R purposes, recorded with county registry of deeds or registry of the land court and which contains the following:

1.

Specification of the term of the affordable housing restriction which shall be no less than 50 years;

2.

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

3.

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;

4.

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. If approved by DHCD, the housing marketing and selection plan may provide for preferences in resident; 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;

5.

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;

6.

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

7.

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;

8.

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

9.

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

10.

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;

11.

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 bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and

12.

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

5.5.6.7

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.

5.5.6.8

Age restrictions. Nothing in this section 5.5 shall permit the imposition of restrictions on age upon projects throughout the entire SGOD. However, the PAA may, in its review of a submission under section 5.5.6.3, allow a specific project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25 percent of the housing units in such a restricted project shall be restricted as affordable units.

5.5.6.9

Phasing. For any project that is approved and developed in phases in accordance with section 5.5.9.4, unless otherwise approved by the department, the proportion of affordable housing units shall be at least 20 percent of all units constructed in each phase.

5.5.6.10

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this section 5.5.6.0 shall not be waived.

5.5.7.

Dimensional and density requirements.

5.5.7.1

Table of requirements. Notwithstanding anything to the contrary in this zoning bylaw, the dimensional requirements applicable in the SGOD are as follows:

5.5.7.2

Dimensional waivers in substantially developed sub-district. The PAA may, in order to encourage the development of infill housing units on undeveloped lots within a substantially developed sub-district, grant a waiver to the dimensional standards of section 5.5.7.1, in accordance with section 5.5.11.3.

5.5.8

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

5.5.8.1

Number of parking spaces. Unless otherwise approved by the PAA, the following minimum numbers of off-street automobile parking spaces shall be provided by use, either in surface parking, within garages or other structures, [or on-street:], as well as the minimum numbers of bicycle parking:

The PAA may require additional visitor auto and bicycle parking spaces if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in sections 5.5.8.2 and 5.5.8.3 below.

5.5.8.2

Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill automobile and bicycle 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 not requiring plan approval, 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).

5.5.8.3

Reduction in auto parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of automobile parking may be reduced by the PAA through the plan approval process (or, for projects not requiring plan approval, 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:

1.

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;

2.

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

3.

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

4.

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

5.

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

6.

Such other factors as may be considered by the PAA.

5.5.8.4

Location of automobile 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.

5.5.8.5

Bicycle parking standards. Bicycle parking facilities shall be located in a convenient, highly visible and well lighted area to minimize theft and vandalism, generally within 50 feet of a building entrance and within view of pedestrian traffic and should be kept out of the public right-of-way. At a minimum, bicycle parking spaces shall be at least two feet in width by six feet in length to allow sufficient space between parked bicycles. A minimum five-foot wide aisle or space behind all required bicycle parking should be provided to allow room for bicycle maneuvering.

5.5.9

Plan approval of projects; general provisions.

5.5.9.1

Plan approval. An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of sections 5.5.9 through 5.5.13. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the enabling laws. Projects requiring plan approval are identified within section 5.5.5 (table 1).

5.5.9.2

Plan approval authority (PAA). The planning board, consistent with M.G.L. chapter 40R and 760 CMR 59.00, shall be the plan approval authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.

5.5.9.3.

PAA regulations. The PAA 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.

5.5.9.4

Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full build out of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of section 5.5.6.9.

5.5.10

Plan approval procedures.

5.5.10.1

Pre-application. Prior to the submittal of a plan approval submission, a "concept plan" may 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:

1.

Overall building envelope areas;

2.

Open space and natural resource areas; and

3.

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

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

5.5.10.2

Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA, along with application fee(s) which shall be as set forth in the PAA regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA regulations. For any project that is subject to the affordability requirements of section 5.5.6, the application shall be accompanied by all materials required under section 5.5.6.3. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the commonwealth. All landscape plans shall be prepared by a certified landscape architect registered in the commonwealth. All building elevations shall be prepared by a certified architect registered in the commonwealth. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.

5.5.10.3

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

5.5.10.4

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the board of health, conservation commission, safety committee, building commissioner, department of public works, the ludlow housing authority (for any project subject to the affordability requirements of section 5.5.6), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

5.5.10.5

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in section 11 of M.G.L. chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the town clerk, within 120 days of the receipt of the application by the town 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 town 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.

5.5.10.6

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. chapter 40R, section 11(a). Such fees shall be held by the town 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.

5.5.11

Plan approval decisions.

5.5.11.1

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

1.

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

2.

The project as described in the application meets all of the requirements and standards set forth in this section 5.5 and the PAA regulations, or a waiver has been granted there from; and

3.

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 5.5.6, compliance with condition (2) 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 5.5, or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.

5.5.11.2

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

1.

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

2.

The project as described in the application does not meet all of the requirements and standards set forth in this section 5.5 and the PAA regulations, or that a requested waiver there from has not been granted; or

3.

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

5.5.11.3

Waivers. Upon the request of the applicant, the plan approval authority may waive dimensional and other requirements of section 5.5 (excluding section 5.5.6, except where expressly permitted herein), 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 SGOD, 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 5.5.

5.5.11.4

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 for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise approved by the department, the proportion of affordable units shall be at least 20 percent of all units constructed in each phase.

5.5.11.5

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 town 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 town clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the town 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 town 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 county registry of deeds 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.

5.5.11.6

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.

5.5.12

Change in plans after approval by PAA.

5.5.12.1

Minor change. After plan approval, an applicant may apply to make minor changes in a project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build out or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the town clerk.

5.5.12.2

Major change. Those changes deemed by the PAA to constitute a major change in a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to sections 5.5.9 through 5.5.13.

5.5.13

Design standards.

5.5.13.1

Adoption and amendment of design standards. The PAA may adopt and amend, by simple majority vote, design standards which shall be applicable to all projects subject to plan approval by the plan approval authority. Such design standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require design standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.

5.5.13.2

DHCD approval. After amending design standards, the PAA shall submit design standards to DHCD for approval. Design standards shall not take effect until approved by DHCD and filed with the town clerk. In submitting proposed design standard for DHCD approval, the PAA shall also submit sufficient documentation clearly showing that the proposed design standards will not add unreasonable cost to development projects or unreasonably impair the economic feasibility of a development project. A letter from a developer, property owner or other interested party indicating that the design standards will not add unreasonable costs or unreasonably impair the economic feasibility of a development project shall not constitute sufficient documentation. At its discretion, DHCD may disapprove design standards if it finds that the PAA has not adopted objective design standards or has not submitted such documentation.

5.5.14

Severability. If any provision of this section 5.5 is found to be invalid by a court of competent jurisdiction, the remainder of section 5.5 shall not be affected but shall remain in full force. The invalidity of any provision of this section 5.5 shall not affect the validity of the remainder of the town's zoning bylaw.

(10-7-2013 STM)