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Ma Bolton City Zoning Code

ARTICLE III

Zoning District Regulations

§ 250-9 Location of districts.

[Amended 5-4-1992 ATM by Art. 6]
Zoning districts are hereby established as shown, located, defined and bounded on a map entitled "Base Map" and accepted by the Town at the Annual Town Meeting of May 4, 1992, signed by a majority of the Planning Board and filed with the Office of the Town Clerk; which map, together with explanatory matter thereon and all amendments made under this bylaw, is hereby incorporated in and made a part of this bylaw, including the map referred to in the "lot frontage" definition.[1]
[1]
Editor's Note: See § 250-28 for the definition of "lot frontage." The Base Town Map and Zoning Map is included at the end of this chapter.

§ 250-10 Types of districts and permitted uses.

A. 
No building or structure shall be erected or used except as set forth in this section or as exempted by § 250-3D, or by statute. The uses set forth in the following districts are to be considered exclusive to the district and are not to be considered mutual to any other district than that in which the allowed use appears. The use of land within the Town for disposal of solid waste derived from premises other than those of the owner or occupant is prohibited except for such operations as may be conducted by the Town of Bolton.
B. 
In all districts, uses which are municipal, rural, agricultural, conservation and/or open space are specifically permitted in addition to the uses set forth below:
(1) 
Floodplain: as defined in § 250-22 of the bylaws of the Town of Bolton.
(2) 
Residential: for single-family residential uses.
(3) 
Business: for retail and service establishments where business is conducted wholly within the closed building or wholly or partially outside a building by special permit.
[Amended 5-6-2013 ATM by Art. 13]
(4) 
Limited Business: for retail and service establishments subject to special permit as required.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(5), regarding commercial uses, was repealed 5-6-2013 ATM by Art. 15.
(6) 
Industrial: for storage areas, office buildings, research and development laboratories, light manufacturing industries and compatible allied uses.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (g) was repealed 5-1-2006 ATM by Art. 14.
(8) 
Limited Recreation Business District: as defined in § 250-16 of the bylaws of the Town of Bolton.
[Added 12-15-1997 STM by Art. 7]

§ 250-11 Mixed uses.

No business, commercial, or industrial building or outdoor storage (except for agriculture, horticulture, or floriculture) shall be established on a lot on which a dwelling exists.

§ 250-12 Schedule of permitted uses.

[Amended 5-5-1980 ATM by Art. 18; 5-5-1997 ATM by Art. 12; 12-15-1997 STM by Art. 4; 5-3-1999 ATM by Art. 11; 11-15-2004 STM by Art. 15; 5-1-2006 ATM by Art. 15; 5-7-2012 ATM by Art. 25; 5-7-2012 ATM by Art. 28; 5-6-2013 ATM by Arts. 14, 16; 5-5-2014 ATM by Arts. 15, 18; 5-2-2016 ATM by Art. 27; 5-1-2017 ATM by Art. 11; 5-7-2018 ATM by Art. 13; 5-6-2019 ATM by Art. 11; 6-22-2020 ATM by Art. 10; 5-3-2021 ATM by Art. 11; 5-5-2025 ATM by Art. 14]
A. 
The following schedule is included as a general reference schedule of permitted uses within the various districts, but in the event of any inconsistencies, the provisions of § 250-10 and other provisions of this bylaw shall be controlling.
B. 
In the schedule, "Yes" means a permitted use, "No" means a prohibited use, and "SP" means a use allowed on special permit acted on by the Planning Board pursuant to § 250-23E. "SSP" means a use allowed on special permit acted on by the Select Board.
[Amended 5-3-2021 ATM by Art. 10]
*
Except "yes" for buildings erected prior to March 2, 1970
**
See definition
***
Except those listed in § 250-16D and E
****
Only with a § 250-21E agricultural/business use special permit
C. 
All uses in the Floodplain District are subject to the provisions of this bylaw specifically relating to such district.[1]
[1]
Editor's Note: See § 250-22, Floodplain District.
D. 
When an activity might be classified under more than one of the uses, the more specific category shall govern; if equally specific, the more restrictive shall govern.
Zoning Districts
Types of Uses
Residential
Business
Limited Business
Industrial
Limited Recreation Business
Rural
Agriculture, horticulture, floriculture
Yes
Yes
Yes
Yes
Yes
Forestry, lumbering
Yes
Yes
Yes
Yes
Yes
Open space, conservation
Yes
Yes
Yes
Yes
Yes
Residential
Single-family dwelling
Yes
No
No
No
No
Accessory apartment
SP
No
No
No
No
Accessory dwelling unit
Yes
No
No
No
No
Large accessory dwelling unit
Yes
No
No
No
No
Large detached accessory dwelling unit
Yes
No
No
No
No
New two-family dwelling
No
No
No
No
No
Conversion to two-family dwelling
No*
No
No
No
No
Multifamily dwelling
No
No
No
No
No
Mobile home** (see § 250-20)
Yes
No
No
No
No
Mobile home park**
No
No
No
No
No
Assisted living housing
No
No
SP
No
No
Congregate living housing
No
No
SP
No
No
Nursing care facilities
No
No
SP
No
No
Mercantile
Restaurant (no drive-through service)
No
SP
SP
No
No
Fast-food restaurant
No
No
No
No
No
Motel, hotel
No
SP
SP
No
No
Business-occupied trailer
No
No
No
No
No
Office building
No
Yes
SP
Yes
No
Other retail, wholesale or service:
Wholly within a building
No
SP
SP
No
No
Wholly or partially outside a building
No
SP
SP
No
No
Used car sales
SSP
No
No
No
No
Manufacturing and processing
Light manufacturing (see § 250-23)
No
No
No
SP
No
Research and development laboratories
No
No
No
SP
No
Bulk storage**
No
No
No
SP
No
Industry-occupied trailer
No
No
No
No
No
Warehouse
No
No
No
SP
No
Self-storage facilities
No
No
No
SP
No
Institutional
Educational uses exempt from prohibition under MGL c. 40A, § 3
Yes
Yes
Yes
Yes
Yes
Religious uses
Yes
Yes
Yes
Yes
Yes
Library, museums, hospitals
Yes
Yes
Yes
Yes
Yes
Fraternal, civic, charitable organizations
No
Yes
Yes
Yes
Yes
Nonmunicipal solid waste disposal
No
No
No
No
No
Other municipal uses
Yes
Yes
Yes
Yes
Yes
Recreational
Sports faciliies**
No
SP
SP
SP
No
Extensive outdoor recreation**
Golf course
Yes
Yes
Yes
Yes
No
Other
No
No
No
No
No
Municipally operated
Yes
Yes
Yes
Yes
No
Commercially operated
No
No
No
No
No
Primary golf course (see § 250-16E)
No
No
No
No
Yes
Trail recreation (see § 250-16D)
No
No
No
No
Yes
Wireless communications
Wireless communications facility, tower, communication device
SSP****
SSP
SSP
SSP
No
Commercial solar photovoltaic energy renewable installation
SP
SP
SP
SP
SP
Marijuana establishments
Marijuana cultivator, independent testing laboratory, marijuana product manufacturer, and any other type of licensed marijuana-related business (excluding social consumption)
No
No
No
SP
No
Marijuana retailer (excluding social consumption)
No
SP
SP
SP
No
Medical marijuana treatment centers
No
SP
SP
SP
No
Kennels
SP
SP
SP
SP
SP
Accessory
Agricultural/ business use (see § 250-21E)
SSP
SSP
SSP
SSP
SSP
Roadside produce stands
Yes
Yes
Yes
Yes
Yes
Home occupation (see § 250-21A)
Yes
Yes
Yes
Yes
Yes
Other customary accessory uses
Yes
Yes
Yes
Yes
No***
Primary golf course accessory uses (see § 250-16E)
No
No
No
No
SSP
Trail recreation accessory uses (see § 250-16D)
No
No
No
No
SSP
Fast food (no drive-through service)
No
SP
SP
No
No
Wireless communications
Wireless communications facility, towers, communication device
SSP****
SSP
SSP
SSP
No
Bed-and-breakfast establishment
SP
No
No
No
No
Bed-and-breakfast home
SP
No
No
No
No

§ 250-13 Dimensional regulations.

[Amended 5-4-1998 ATM by Art. 21]
A. 
General. No structure shall be erected or extended, or lot created or reduced in size, except through a public taking, unless in conformity with the requirements of this section, or unless specifically exempted by statute or this bylaw.
B. 
Dimensional schedule.
[Amended 5-7-1990 ATM by Art. 7; 6-10-1996 ATM by Art. 16; 5-5-1997 ATM by Art. 12; 12-13-1999 STM by Art. 9; 5-7-2007 ATM by Art. 10; 5-7-2018 ATM by Art. 10]
Residential Lot
Backland Lot (Residential)***
Limited Business District
Business District
Industrial District
Limited Recreation Business District
Minimum lot area**
80,000 square feet
4.5 acres
1.5 acres
1.5 acres
1.5 acres
See § 250-16
Minimum lot frontage**
200 feet
50 feet
200 feet
200 feet
200 feet
See § 250-16
Minimum depth:
Front yard**
50 feet
50 feet
50 feet
50 feet
150 feet
See § 250-16
Other yards**
20 feet
50 feet
25 feet or 50 feet if abutting residential
25 feet or 50 feet if abutting residential
50 feet or 100 feet if abutting residential
See § 250-16
Minimum lot width for 100 feet back from street line
150 feet
See Subsection E(2)
150 feet
150 feet
150 feet
See § 250-16
Maximum lot coverage**
N/A
N/A
20%
20%
30%
See § 250-16
Open space
N/A
N/A
N/A
N/A
See Note C
See § 250-16
NOTES:
**
See definition.
***
Refer to Subsection E.
Note A.
The sum of all impermeable surfaces and other areas subjected to vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed use.
Note B.
The definition of "lot area" set forth in § 250-28, Definitions, shall apply, except that, in Limited Business Zones only, when a landowner has donated to the Town an easement in, or the Town has taken or purchased an easement in, any portion of a tract of land and said easement has been accepted by the Town for the relocation of an already existing public way, said portion of the tract of land shall be included in the calculation of the lot area of the tract for purposes of this bylaw, subject to the following requirements: the easement area is no greater than 5% of the size of the tract; the tract remains the same dimensionally, and is not subdivided, divided, altered, or changed in any way; the boundary lines of said easement shall be considered lot lines for purposes of any setback measurements so that the easement area is not included in any calculations of setback requirements; and any use or structure complies with all other requirements of this bylaw.
Note C.
Open space in the Industrial District Zone shall incorporate 33% of a parcel's lot area and must be restricted with a conservation restriction. No more than 25% of the minimum amount of restricted land can be a wetland resource area as defined in the Wetlands Bylaw, Chapter 233, Wetlands, § 233-2, or in a Floodplain District, as defined in § 250-22.
C. 
One building per lot.
[Amended 10-16-2013 STM by Art. 4; 5-6-2019 ATM by Art. 9]
(1) 
Residential use. Not more than a single dwelling shall be erected or moved onto a lot unless allowed by special permit under § 250-27.1 of this Zoning Bylaw.
(2) 
Other uses. More than one principal building may be allowed for uses identified under § 250-12 of this Zoning Bylaw requiring a special permit from the Planning Board.
D. 
Dimensional nonconformancy.
[Amended 12-1-1987 STM by Art. 12; 5-2-1988 ATM by Art. 9]
(1) 
Two-dwelling lots. A single lot containing two or more lawfully existing dwellings less than 40 feet apart at the closest point of measurement may be divided into separate lots despite not meeting yard requirements, provided all other applicable provisions of this bylaw are satisfied.
E. 
Backland zoning. In Residential Districts, backland or reduced-frontage lots may be created by special permit issued by the Planning Board. Each such lot must meet the following criteria:
[Amended 5-6-1985 ATM by Art. 14; 5-3-1993 ATM by Arts. 10, 13 and 14; 5-3-1999 ATM by Art. 12; 5-1-2006 ATM by Art. 16]
(1) 
A minimum street frontage on an accepted and/or approved Town way of 50 feet.
(2) 
The minimum allowable lot width between the dwelling site and the access to the public way is 25 feet. All plans for such lots shall show and indicate what the minimum lot width is in said plan, though it may be in excess of 25 feet.
(3) 
The minimum lot size shall be 4 1/2 acres.
(4) 
Not more than one other backland lot with frontage contiguous to it will be allowed. A backland lot or lots as allowed under this Subsection E shall be separated from any other backland lot or lots by not less than 200 feet of frontage on an accepted and/or approved right-of-way.
(5) 
No structure shall be erected within 50 feet of any lot line.
(6) 
Once a backland lot is created and approved by the Planning Board, it cannot be subsequently divided to less than 4 1/2 acres.
(7) 
At least 1 1/2 acres of contiguous land which is not in a:
(a) 
Floodplain District (§ 250-22).
(b) 
Wetland resource area as defined in the Wetlands Bylaw, Chapter 233, Wetlands, § 233-2.
(8) 
Granting of a special permit under this Subsection E does not constitute a waiver of any other applicable bylaw or statute.
F. 
Building height.
[Amended 5-4-1987 ATM by Art. 5]
(1) 
This Subsection F is intended to limit new commercial, business or industrial buildings to a maximum of two stories, plus a basement, with either a flat or a pitched roof.
(2) 
All buildings, except residential and agricultural uses, shall meet the following height limitations:
(a) 
The surface of the top occupiable floor, including mezzanines and balconies, shall be no more than 15 feet above the average ground elevation. Occupiable space as defined and as set forth in the State Building Code shall be the definitive standard of this bylaw.
(b) 
The highest portion of the roof, excluding spires, steeples, chimneys and antennas, shall be no more than 32 feet above the average ground elevation.
(3) 
The average ground elevation to be used in the above calculations shall be the lower of the average ground elevation on the street side of the building, or the average ground elevation on all sides of the building. In the case of built-up land, the ground elevations prior to such change in contour shall be used.
G. 
Lot shape.
[Amended 5-7-2001 ATM by Art. 9]
(1) 
The shape of all lots, except for the exceptions listed below, shall conform to the following formula:
16(A)/P2 must be greater than 0.5
(16 times the area in square feet divided by the square of the perimeter in feet must be greater than 1/2)
Where:
A
=
Area of the lot in square feet
P
=
Perimeter of the lot in feet
(2) 
Exceptions.
(a) 
This requirement shall not apply to lots greater than 4.5 acres in size.
(b) 
This requirement shall not apply to backland lots created in accordance with Subsection E, Backland zoning.
(c) 
The Planning Board may waive this requirement if it determines that a less stringent requirement will result in a better potential house siting, less environmental damage to the site, or better land use.

§ 250-14 Farmland and Open Space Planned Residential Development.

[Amended5-1-2006 ATM by Art. 17; 6-10-1996 ATM by Art. 17; 5-1-1989 ATM by Art. 7; 5-3-1999 ATM by Art. 15; 5-4-1998 ATM by Art. 23; 5-3-2021 ATM by Art. 10; 5-5-2025 ATM by Art. 18]
A. 
A Farmland and Open Space Planned Residential Development (FOSPRD) can be created for a residential development by using a special permit.
B. 
Purpose:
(1) 
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
(2) 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
(3) 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
(4) 
To protect areas of the Town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
(5) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(6) 
To provide for the conservation and maintenance of open land within the Town to achieve the above-mentioned goals and for active or passive recreational use by residents;
(7) 
To conserve scenic views and elements of the Town rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
C. 
Prerequisites. The entire FOSPRD must be in the Town of Bolton, in a residential zone. It must be at least 10 acres, provided however, that smaller parcels may be considered if the Planning Board determines the project expands upon existing protected farmland or open space.
D. 
Maximum number of dwellings.
(1) 
The maximum number of dwellings which can be built in a FOSPRD is equal to the number of dwellings which, as demonstrated to the satisfaction of the Planning Board, could be built on the land in a traditional subdivision.
(2) 
The applicant shall propose a number of dwellings to the Planning Board by submitting a preliminary plan showing how a traditional subdivision might be laid out, including roads, lots, house locations and well and septic locations.
(3) 
Evidence must be submitted to prove that the lots shown would satisfy Board of Health requirements for sewage treatment. This evidence must include a description of soil types and positive percolation tests. The percolation tests shall be done for all the proposed lots, but the Planning Board may waive testing of certain areas if the Planning Board decides that the local soil conditions are suitable for development.
(4) 
Dimensional requirements. Lots must meet all dimensional requirements of the Bolton Zoning Bylaw (§ 250-13) except:
(a) 
Minimum lot area reduced to one acre.
(b) 
Minimum lot frontage reduced to 25 feet.
(c) 
No "minimum lot width at 100 feet back from the street" requirement.
E. 
Design.
(1) 
Design Step 1: Open Space Farmland Designation.
(a) 
Size of restricted areas. At least 50% of the area of the FOSPRD must be restricted with either a farmland restriction (FR) or an open space restriction (OSR). The 50% requirement may be reached with FR land, OSR land, or some of each. The two types of restrictions are defined below in Subsection E(1)(e) and (f). Shared septic and stormwater treatment services are not permitted within the open space area. No more than 25% of the minimum amount of restricted land can be made up of a total of the following:
[1] 
Wetland resource area as defined in the Wetlands Bylaw, Chapter 233, Wetlands, § 233-2.
[2] 
Floodplain District, as defined in § 250-22.
[3] 
Stormwater Management.
(b) 
The Planning Board, after consultation with the applicant, Select Board, Conservation Commission, Board of Health, abutters and the general public, shall determine the location of FR land, location of OSR land, location of active use land within OSR land, and location and amount of any footpaths. "Active use" is defined to include ballfields and playgrounds. The Planning Board shall balance the interests of conservation of natural resources, the value of land and existing buildings, and any demonstrated hardship, financial or otherwise, that would affect the applicant in determining the location of the restricted area.
(c) 
The first design step is to identify the Open Space and/or Farmland. The required open space shall be configured, to the extent practicable, so that it shall be aggregated into a contiguous area, or abut existing significant open space, or achieve one or more of the purposes described in Subsection B. The applicant must submit a plan identifying priority preservation areas which include all of the following; Priority Preservation Areas:
[1] 
Wetland resource areas as defined in the Wetlands Bylaw.
[2] 
Floodplain District as defined in § 250-22.
[3] 
Slopes greater than 15%.
[4] 
Soils map of poorly and very poorly drained soils published by the County Soil Survey Prepared by the USDA Natural Resource Conservation Service identifying soil type and characteristics.
[5] 
Woodlands.
[6] 
Farmland including cropland fields pastures and meadows.
[7] 
Natural Heritage and Endangered Species Habitat along with wildlife habitats and corridors.
[8] 
Historic and Archaeological sites.
[9] 
Scenic Views especially of natural and cultural features, and scenic road corridors.
(d) 
The intent of this bylaw is for the Planning Board to give preference to FR over OSR, for land that is being farmed or consists of good farming soils.
(e) 
Farmland Restriction (FR).
[1] 
Only agricultural or horticultural uses are allowed in the FR area. These uses are defined in Massachusetts General Laws Chapter 61A.
[2] 
No buildings are allowed in the FR area, except that up to 5% of the area can be covered with barns and other accessory farming buildings.
[3] 
The FR land may be owned by either the Town of Bolton, a conservation trust, a homeowners' association of the residents of the FOSPRD, or other owner, such as a farmer. In no event may the FR in any manner be combined, included or joined with or considered as part of the individual dwelling lot area(s). No portion of the FR may be included in determining the minimum dwelling lot area(s) as prescribed in § 250-13 or Subsection D(4)(a). In all cases, the land may be subject to agricultural preservation restrictions under MGL c. 184, §§ 31 and 32, and the provisions of that restriction must be reviewed and approved by the Planning Board. The farming rights to the land owned by the Town of Bolton may be sold or leased to farmers.
[4] 
If agricultural activities cease for three years or more, then the Town may mow the FR land to save any fields or orchards. Fifteen years after the agricultural activity ceases, the Planning Board may, after public hearing and review, cause the FR to be converted to OSR land.
[5] 
No septic systems are allowed in the FR area other than to serve any buildings mentioned in Subsection E(1)(e)[2] above.
[6] 
All five of the above restrictions must be set forth in the agricultural restriction governing of the land in the FR area.
(f) 
Open Space Restriction (OSR).
[1] 
No new buildings may be constructed on OSR land. No dwellings are allowed in the OSR area.
[2] 
OSR land can be owned by the Town of Bolton, a conservation trust, or a homeowners' association of the residents of the FOSPRD, in all cases, the land must be subject to conservation restriction under MGL c. 184, §§ 31 and 32 held by the Town of Bolton a conservation trust or a homeowners association of the residents of the FOSPRD. The restrictions are owned by the Town of Bolton. In no event may OSR land in any manner be combined, included or joined with or considered as part of the individual dwelling lot area(s). No portion of OSR land may be included in determining the minimum dwelling lot area(s) as prescribed in § 250-13 or Subsection D(4)(a).
[3] 
The OSR land can be used for passive recreation or active recreation. Active recreational uses cannot cover more than 10% of the OSR land.
[4] 
The above three restrictions must be written into the deed of the land in the OSR area.
(2) 
Design step 2: Housing Site location: House sites shall generally be located no closer than 100 feet from the OSR land to permit enjoyment of scenic views. When served by on lot septic system, lots shall be located so that those systems can be constructed on the most suitable soils on the property.
(3) 
Design Step 3: Street Alignment and Trail Networks: The third step shall align proposed streets to provide vehicular access in the most reasonable and economical manner, that attempt to preserve natural topography, landmarks and trees, minimizes cuts and fills and preserves and enhances views and vistas on or off the subject parcel and in laying out a network of informal trails.
(a) 
Roadways. When constructing a new right-of-way, the applicant must file a subdivision plan and meet all the normal requirements, notwithstanding the other provisions of the Zoning Bylaw. If a subdivision plan is not required all shared roadways must be designed in accordance with the Subdivision Regulations.
(b) 
Street widths and design elements will be controlled by the Town of Bolton's Subdivision Rules and Regulations and in no case will be less than 18 feet in width.
(c) 
Common driveways serving up to five lots each may be obtained under § 250-17B Common Driveway even if none of the lots are backland lots.
(4) 
Design Step 4: Draw lot lines around potential house sites. Each lot must contain a buildable area of sufficient size to accommodate the single-family home.
F. 
Approval process.
(1) 
The Planning Board shall be the special permit granting authority for a FOSPRD. The applicant must comply with all provisions of the Zoning Bylaws of the Town of Bolton.
(2) 
The Planning Board may issue regulations to implement this Bylaw which specify the application procedure and may charge a fee to cover engineering and legal review and other expenses.
(3) 
When considering whether or not to grant a special permit, the Planning Board should consider:
(a) 
Whether the proposed plan restricts development on significant farms, farm soils, fields, orchards, hilltops, scenic vistas, stone walls, and other areas important to Bolton's rural character.
(b) 
Whether the proposed plan results in the preservation of buildings with historic significance, which includes buildings more than 100 years old.
(c) 
Whether the proposed plan serves the intent of this Bylaw as described in Subsection B better than the alternative of a traditional subdivision.
G. 
Submission requirements. The applicant shall submit to the Planning Board copies of the following:
(1) 
A plan(s) is required to provide visual representation of the four-step design process.
(2) 
A traditional preliminary or definitive plan meeting the informational requirements of the Bolton Subdivision Rules and Regulations; and
(3) 
A FOSPRD Preliminary and/or Definitive plan meeting the informational requirements of the Bolton Subdivision Rules and Regulations.
H. 
Relations to subdivision regulations. Insofar as a FOSPRD constitutes a subdivision (per MGL c. 41, § 81L), both the subdivision and the special permitting approval processes may run concurrently. However, subsequent approval by the Planning Board of such portions of the development which constitute a subdivision shall be required as set forth in the Bolton Subdivision Rules and Regulations, including the approval of the streets and utility system. A favorable action which may be made by the Board on a special permit application for a FOSPRD shall not, therefore, be deemed either to constitute subdivision approval under the Bolton Subdivision Rules and Regulations, nor imply that such approval will be given.

§ 250-15 Major residential development.

[Added 6-10-1996 ATM by Art. 15; amended 5-7-2007 ATM by Art. 9]
A. 
Applicability.
(1) 
Lands affected by this § 250-15 include residentially zoned property, or a set of contiguous properties, in common ownership, or in common ownership as of June 10, 1996. The term "common ownership" shall be defined as ownership by the same person or persons or legal entities, or ownership by any two or more persons or entities, as evidenced by control, pursuant to established law.
(2) 
A "major residential development" shall mean any division of land which, in any five-year period:
(a) 
Comprises 15 acres or greater of new residential lots; and
(b) 
Results in the creation of six or more residential lots.
(3) 
Any subsequent division of land which, if approved, would result in total development in excess of any of the preceding thresholds in any five-year period shall itself be subject to this § 250-15, and shall cause any previously approved division(s) of land which contributed to the aforesaid threshold calculation to then also be subject to this § 250-15 as a part of that subsequent proposal to divide land.
B. 
Approval. Major residential development shall be allowed only through the special permit process set forth in § 250-14, Farmland and open space planned residential development, and this section.
C. 
Purpose. The purpose of this section is to preserve the natural and cultural resources of Bolton by ensuring that larger-scale conversion of land to residential use does not consume all of the Town's woodlands, fields, farmlands, historic structures and landscapes, orchards, cart paths, rock walls, geologic formations, watercourses, wetlands, riparian zones, groundwater recharge areas, hilltops, scenic vistas, and other significant open spaces.
D. 
Decision. For all major residential developments, the Planning Board shall decide whether the plan developed in accordance with § 250-14 provides a superior alternative in consideration of the criteria set out in Subsection E, in which case the Planning Board may require that the development occurs in accordance with the plan consistent with § 250-14. If the Planning Board does not find that the plan consistent with § 250-14 is superior, the proponent may select whether to pursue development under § 250-14 or use other development options pursuant to Town bylaws.
E. 
Decision criteria. The Planning Board, in making its decision as to whether to require development in accordance with § 250-14 or to allow a traditional division of land, shall evaluate both plans and choose the development method which best meets, in the opinion of the Planning Board, the purpose of this section and the criteria set forth in § 250-14H(3).

§ 250-16 Limited Recreation Business District.

[Added 12-15-1997 STM by Art. 3]
A. 
This district is intended to promote recreational businesses, to conserve and secure the public health and safety, to facilitate the adequate provision of water and water supply, aquifers and recharge areas, and to protect natural and landscaped conditions as well as open space for commercial use, education, recreation, and the general welfare. The special permit granting authority for this district shall be the Select Board. Uses which are municipal, rural, agricultural, conservation and/or open space are permitted as of right without site plan review or special permit.
[Amended 5-3-2021 ATM by Art. 10]
B. 
Acreage required for district. A parcel(s) must be comprised of 80 or more contiguous acres when trail recreation is the principal use and 120 or more contiguous acres and an average density of six acres or greater per hole when a primary golf course is the principal use.
C. 
Primary uses and structures allowed as of right, subject to site plan approval process.
(1) 
Uses.
(a) 
Trail recreation, including cross-country ski trails, horseback riding trails, or trails used for similar nonmotorized recreation; and/or
(b) 
A primary golf course with a minimum of 18 holes and at least 5,000 yards in length, including the use of golf carts.
(2) 
A site plan shall be submitted in accordance with § 250-23F with respect to the above uses.
D. 
Trail recreation accessory uses and structures. The following accessory uses and structures may be allowed by special permit when trail recreation is the principal use:
(1) 
Function rooms, conference rooms, sale of related equipment, changing and shower rooms, snack bars, offices related to the business of the recreation area.
(2) 
Horse and storage barns, indoor and outdoor riding rings, and maintenance shops.
E. 
Primary golf course accessory uses and structures. The following accessory uses and structures may be allowed by special permit when a primary golf course is the principal use:
(1) 
Additional golf courses measuring more than 2,000 yards.
(2) 
Function rooms, conference rooms, sale of related equipment, health clubs, changing and shower rooms, offices related to the business of the recreation area, restaurants and snack bars. Overnight lodging rooms are allowed at the density of 20 double-occupancy rooms for every 100 acres in the parcel(s) applying for a special permit.
(3) 
Garages, cabanas, on-course structures, maintenance shops.
(4) 
Practice putting greens and driving ranges.
(5) 
Sporting uses, including structures, such as tennis, badminton, archery, bocci, racquet ball and shuffle board courts.
(6) 
Other sporting uses such as softball, baseball, basketball and soccer fields with nonpermanent bleachers only.
(7) 
Indoor or outdoor swimming pools not exceeding Olympic size.
(8) 
Cross-country ski trails, horseback riding trails or trails used for similar nonmotorized recreation, including uses and structures as allowed under Subsection D.
(9) 
Other uses and structures determined by the Select Board to be customarily incidental to the primary use and in harmony with the intent and purpose of this § 250-16. The applicant shall have the burden to prove by substantial evidence for the Select Board to make a finding that a use or structure is customarily incidental to the primary use.
[Amended 5-3-2021 ATM by Art. 10]
F. 
Uses and structures disallowed include, but are not limited to, the following:
(1) 
Petting zoos.
(2) 
Miniature golf courses.
(3) 
Indoor bowling.
(4) 
Outdoor firing ranges.
(5) 
Heliports or other aircraft landing areas.
(6) 
Water parks, e.g., commercial water recreation establishment with slides, wave pools or similar equipment.
(7) 
Camping facilities.
(8) 
Sports stadiums.
(9) 
Casinos or gambling facilities.
(10) 
Snowmobiles.
(11) 
New residential structures.
(12) 
Motorized trails and/or racing vehicles.
G. 
Definition of uses and structures. The definition of "accessory uses and structures" in § 250-28 shall not apply. For purposes of this § 250-15, an accessory use or structure is a use or structure customarily incidental to and located on the same contiguous land area as the primary uses and structures, and lot coverage requirements comply with Subsection H of this section.
H. 
Requirements for special permit for accessory uses and structures.
(1) 
Structures and impermeable surfaces.
(a) 
Structures (structures include buildings, sheds, garages, and roofed storage areas, heated or unheated) can occupy not more than 0.75% of total area.
(b) 
The sum of all impermeable surfaces (including structures, swimming pools, permanent sporting facilities, roads, paved trails and parking) shall not exceed 12% of the total area.
(c) 
Note A in § 250-13 of this bylaw shall not apply for the purposes of this section.
(2) 
Structures.
(a) 
Section 250-13C(2), limiting principal structures to one per lot, shall not apply. The Select Board may authorize more than one principal structure on a lot. An application for said authorization will be considered:
[Amended 5-3-2021 ATM by Art. 10]
[1] 
If adequate access is assured for each structure; and
[2] 
If the structure complies with § 250-23D, fire ponds; and
[3] 
If the structure complies with § 250-13F, Building height, and uses comply with bylaw § 250-23B, Activity regulations.
(b) 
Section 250-23C(2) of this bylaw shall not apply for the purposes of this section. No structures shall be located within 300 feet of any property boundary or Town right-of-way, and shall be either naturally wooded or visually screened using densely planted evergreen trees large enough to reach five feet in height in three years and of a type which will continue to grow in height. All equipment used in connection with the maintenance of the areas shall be stored in an enclosed structure.
(3) 
Parking. Parking must be shielded from the public ways, drainage from parking must not pollute the groundwater, no single parking area shall contain more than 60 parking spaces without a separation of landscaped islands, including shade trees, and the visibility of parking areas shall be limited through structure placements, grading, and landscaping, but in no case shall parking areas be closer than 200 feet to a residential zone border or Town right-of-way.
(a) 
The number of parking spaces will be guided by § 250-17C, Parking.
(b) 
Parking requirements may be reduced upon showing reasonable expected traffic volume and adequacy of provided spaces without any overflow into the Town's roads.
(c) 
Section 250-17C(2) shall not apply where the applicant prefers to provide grassed parking.
(d) 
Night lighting of parking areas shall not be visible at ground level from adjacent properties and shall be constructed with full cut-off fixtures.
I. 
Driveways. Section 250-17A(1), regulating driveways, shall not apply. Instead, the Select Board may require that shared egress onto Town roads be arranged for in order to avoid driveways within 250 feet of each other or of a street intersection.
[Amended 5-3-2021 ATM by Art. 10]
J. 
Protection of earth materials. No earth materials shall be removed from the property.
K. 
Protection of groundwater. A plan shall be submitted for approval as part of the site plan that protects groundwater from contamination by fertilizers, herbicides, and pesticides.
L. 
Special events.
[Amended 5-3-2021 ATM by Art. 10]
(1) 
The special permit may include a provision that special events may be permitted. Special events, defined as a planned event(s) with a total expected attendance of 500 or greater persons using the golf course, trails, and/or facilities, may be permitted upon the issuance of written approval by the Select Board. Written approval may be granted after recommendations from appropriate Town boards. These boards may include (but are not necessarily limited to) the Planning Board, Board of Health, Fire Chief, Building Inspector, and Police Chief. Approval shall consider, but not be limited to, the following criteria:
(a) 
Provisions for adequate off-street parking;
(b) 
Provision for adequate wastewater disposal;
(c) 
Provision for traffic control measures for roads leading to the facilities;
(d) 
Provision for adequate refuse disposal;
(e) 
Provision for crowd control and security; and
(f) 
Provision for adequate fire protection.
(2) 
Notice shall be given a minimum of 45 days in advance and the Select Board will respond and/or call a hearing within 21 days. An approval for a special event may be issued only after a finding that there would not be an adverse impact upon residents of the Town of Bolton, including consideration of cumulative impacts.
M. 
Rules, regulations and fees. The Select Board may write rules and regulations relative to the issuance of special permits under this bylaw and may set fees to cover the expenses of administration. The Select Board may also request the applicant to pay for any special studies identified during the public hearings as needed for traffic control, groundwater protection, and other issues that may substantially impact the resources of the Town.
[Amended 5-3-2021 ATM by Art. 10]
N. 
Severability. Each provision of this bylaw shall be construed as separate, to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.

§ 250-16.1 Mixed Use Village Overlay District. [1]

[Added 5-5-2014 ATM by Art. 9]
A. 
Location. The Mixed Use Village Overlay District includes properties east and west of the intersection of I-495 and Route 117 zoned Business, Limited Business and Residential and designated on the Bolton Assessors Map as Map 4C, Parcel 24; Map 4C, Parcel 35; Map 4C, Parcel 39; Map 4D, Parcel 21; Map 4D, Parcel 28; Map 4D, Parcel 29; Map 4D, Parcel 30; Map 4D, Parcel 33; Map 4D, Parcel 34; Map 4D; Parcel 61; (and) the portion of Map 4D, Parcel 71 zoned Business.
[Amended 5-2-2016 ATM by Art. 28]
B. 
Statement of purpose. The purpose and intent of the Mixed Use Village Overlay District are to allow for greater design flexibility and creativity in order to develop retail/commercial space along with a diversity of housing types that are compatible with the existing surrounding uses and that are designed to preserve the community's unique rural and historical character.
C. 
Goals. The Mixed Use Village Overlay District is established to:
(1) 
Create a mixed use overlay district that will meet the community's goals for high quality development in the vicinity of the I-495 and Route 117 interchange.
(2) 
Enable development within the overlay to have a village character that includes a mix of uses, including retail, office and residential.
(3) 
Allow the mixed use overlay district to be connected, via sidewalks and off-road trails, to the existing residential areas and schools, to provide for walkability and convenience for residents and students, and to provide potential shoppers for the businesses located in the overlay;
(4) 
Provide commercial areas within walking distance to senior citizens living in the Bolton Country Manor housing facility; and
(5) 
Protect the streetscape appearance and provide development compatible with the historic character of the community and neighborhood.
D. 
Definitions.
COMMUNITY SPACE
Public locations where members of a community tend to gather for group activities, social support, public information, and other purposes. They may sometimes be open for the whole community or for a specialized group within the greater community.
LIVE-WORK SPACE
A dwelling unit in which up to 50% of the floor area is used for the production, showing and sale of art or handcrafted artisan crafts.
MIXED USE
A combination of residential and business uses, as noted below, arranged vertically (in multiple stories of a structure) or horizontally (adjacent to one another in one or more buildings on a lot).
E. 
Permitted Uses. In addition to those uses allowed under § 250-12D of the Code of the Town of Bolton, a Mixed Use Village Overlay District may also include: open space, residential dwelling units and associated facilities, assisted living units, live-work spaces, community space, and commercial establishments that may include retail and service establishments, business or professional offices, software development offices, medical offices, medical and dental clinics, bed-and-breakfasts, inns, restaurants, and other establishments serving food [but excluding fast food restaurants (see definition in Article VI of Chapter 290 of the Code of the Town of Bolton)], banks, convenience stores. It may include drive-up facilities for banks, pharmacies and other retail and service uses, but not for food establishments. Food may be consumed outdoors in landscaped terraces, designed for dining purposes.
F. 
Prohibited uses. In addition to those uses prohibited under § 250-12D of the Code of the Town of Bolton, no portion of the Mixed Use Village Overlay District shall be used for research and development laboratories or manufacturing enterprises, adult use establishments, on-site laundry or on-site dry cleaners, fast food restaurants (see definition in Article VI of Chapter 290 of the Code of the Town of Bolton), automotive repair shops or dealerships, car washes, bowling alleys, discotheques or dance halls.
G. 
Authority.
(1) 
The Bolton Planning Board is hereby designated the special permit granting authority (SPGA) to grant special permits for proposed developments under the provision of this section.
(2) 
The Planning Board, by grant of a special permit, may authorize projects that:
[Amended 5-4-2015 ATM by Art. 10; 5-7-2018 ATM by Art. 11]
(a) 
Allow for mixed use development;
(b) 
Decrease the required parking;
(c) 
Increase the percent of impervious surface through a transfer of development right (TDR) process;
(d) 
Decrease the required front or other setbacks;
(e) 
Allow for multiple buildings on one lot;
(f) 
Allow for increased building footprint within the Mixed Use Village Overlay District up to maximum lot coverage of 25%; and/or
(g) 
Increase the building density for residential use to a maximum of 10 housing units per acre.
(3) 
The Planning Board may grant a special permit only upon finding that such use is in harmony with the general purpose and intent of the Zoning Bylaw and the proposal meets the specific provisions set forth under the Mixed Use Village Overlay District bylaw. In granting the special permit, the Planning Board may also specify conditions, safeguards and limitations concerning the use of the property associated therewith.
(4) 
Site plan approval process, pursuant to § 250-23F, is required for all proposed developments under this bylaw. This approval process may include a traffic study to be funded by the applicant.
(5) 
Design review criteria, pursuant to § 250-23G, is to be considered for all mixed use developments.
H. 
Findings for a special permit. In addition to the provisions of § 250-23E, Special permits for zoning use, the Planning Board shall consider the following factors, as applicable, in granting or denying a special permit for proposed development projects under the Mixed Use Village Overlay District.
(1) 
Suitability of the site for the proposed development;
(2) 
Adequacy of the site in terms of the density of proposed uses;
(3) 
Impact on the visual character of the business district and surrounding neighborhood;
(4) 
Provides goods and services needed by the local community;
(5) 
Follows the design guidelines;
(6) 
Adequacy of pedestrian and bicycle access to buildings, public spaces, and between adjacent uses;
(7) 
Degree to which the proposed project complies with the goals of the Bolton Master Plan;
(8) 
Meets affordable housing goals of one unit per eight units constructed;
(9) 
Creates compatible retail and commercial space (not "strip malls");
(10) 
Permits small to moderate economic development and residential uses designed in a village setting and scale;
(11) 
Provides connections to existing and/or proposed trails and sidewalks;
(12) 
Is in harmony with existing examples of 18th and 19th century New England architecture, including the scale of structures;
(13) 
The size and massing are consistent with the village character;
(14) 
Allows for housing at a higher density;
(15) 
Utilizes reduced setbacks to provide for village design and improved pedestrian access;
(16) 
Provides for parking to be at the rear or side of the structures;
(17) 
Includes multiple buildings in order to create small scale structures which would be more consistent with the village character;
(18) 
Provides provision to reduce or eliminate undesirable visual, noise, odors or similar impacts upon adjoining properties and the public;
(19) 
Provides safe vehicle access to and from the right-of-way; and
(20) 
Provides privacy for residences located near to nonresidential uses.
I. 
Housing.
(1) 
Projects developed using the Mixed Use Village Overlay zoning shall include housing. The housing types may consist of: studio, one- and two-bedroom units, and/or multifamily housing.
(2) 
The mix of uses shall be balanced and compatible and shall contribute to a vibrant village atmosphere, including a combination of ground floor street-front uses such as retail, restaurant and offices.
(3) 
Ground floors of buildings fronting streets or public accessways shall be reserved for commercial uses except as specified below.
(a) 
Dwelling units shall be allowed on ground floors of buildings as follows:
[1] 
The building is set behind another building that has commercial uses on the ground floor; or
[2] 
The residential portion of the ground floor of a building is set behind street-front retail/office/restaurant uses within the same building; or
[3] 
The Planning Board determines that street-front residential uses will not have an adverse impact on the continuity of the commercial street-front uses, and where such street-front residential uses will not be adversely affected by proximity to the street and adjacent commercial uses.
J. 
Parking.
(1) 
Parking requirements: Entrances to dwelling units shall be visible and accessible from any parking areas located in the rear of a mixed-use building. All entrances are to have sufficient illumination at nighttime controlled by the residents of the development.
(2) 
The Planning Board, consistent with § 250-17C of the Code of the Town of Bolton and this section, will consider the following parking requirements for developments within the Mixed Use Village Overlay District:
(a) 
Two spaces per dwelling unit for one- and two-bedroom units.
(b) 
One space for studio units.
(c) 
One space per 200 square feet of retail.
(3) 
The Planning Board may further reduce the total amount of parking required in the Mixed Use Village Overlay District if the developer shows that, based upon the expected demand of the parking by the various uses, there is not a need for the total number of spaces that would otherwise be calculated based upon the square footage of uses proposed. The Planning Board may require a parking reserve area for some or all of the number of reduced spaces. A parking reserve is an area that is set aside for potential future use as parking if the Planning Board determines that the parking need exceeds the original estimated need, or if due to changes of use in the development additional parking is needed for the new uses. The parking reserve shall be landscaped and maintained, but shall not be counted towards the minimum required pervious portion of the development (since it may at a future time be converted to parking use).
K. 
Vehicle and pedestrian elements.
(1) 
Vehicle, pedestrian and bicycle elements shall be designed to provide a network of pathways, and promote walking within the Mixed Use Village Overlay District.
(2) 
Curb cuts shall be minimized.
(3) 
To maintain a pedestrian-friendly environment, motor vehicle parking spaces shall be located behind or beside buildings wherever possible. Parking located directly between the building and the street alignment shall be strongly discouraged.
L. 
Transfer of development rights. The Planning Board may grant a special permit allowing for a higher percentage of impervious surface (including both structures and other impervious surfaces), provided that for every one square foot that the development exceeds the 50% total impervious standard, two square feet of open space shall be provided on abutting properties in common ownership with the development, whether or not the adjacent properties are within the Mixed Use Village Overlay District but only as follows:
(1) 
The land used in such calculation (the "transfer land") must be determined by the Planning Board to be of special importance to remain in a natural state because of its visual prominence or potential vista blockage, because of its ecological significance and fragility, because it has special importance as farmland, or because it is important to the Town's open space plan.
(2) 
The transfer land must not be wetlands (as defined in MGL c. 131 § 40 or the Bolton Wetlands Bylaw, Chapter 233 of the Town Code) or in the Floodplain District, § 250-22 of the Code of the Town of Bolton.
(3) 
The transfer land cannot be used to satisfy lot area requirements for any other development, or be previously restricted from development by a conservation restriction or other binding device.
(4) 
The Planning Board, after consultation with the applicant, Select Board and Conservation Commission, shall determine the most appropriate form of protection for the transfer land, which may include, but not be limited to, a conservation restriction or be owned by the Town. The form of protection must be established prior to the issuance of any building permit.
[Amended 5-3-2021 ATM by Art. 10]
(5) 
No buildings, wells or septic systems are allowed in the transfer land.
(6) 
To the maximum extent possible, the Board will emphasize the goal of providing public access to open space both on the development parcel and on any such open space protected on nearby properties.
M. 
Open space and public amenities. All developments approved under the Mixed Use Village Overlay District shall contain a minimum of 10% publicly accessible open space, located on the site to promote pedestrian and shopper accessibility. These areas may include pedestrian-friendly amenities, such as wide sidewalks/pathways, outdoor seating, patios, or courtyards, as well as landscaped/garden areas associated with these pedestrian amenities. It may include landscaped pathways connecting adjacent developments, but should not include painted pathways/crosswalks through paved parking lots. Links/sidewalks designed to connect parking areas with adjacent developments are encouraged to further the goal of providing safe pedestrian access to businesses, schools, and residences within Bolton. Site landscaping shall be maximized. All improvements to this publicly accessible open space shall be installed and maintained as part of the development by the project proponent.
N. 
Setbacks. Within the Mixed Use Village Overlay District, the Planning Board, as part of the special permit, may approve decreased front yard or side yard setbacks to improve site design, promote pedestrian and bicycle accessibility, or allow for consistency with the setbacks of abutting properties to allow new buildings to relate to existing adjacent structures. In order to promote accessibility from sidewalks along Main Street, front yard setbacks may be reduced to 40 feet. In cases where more than one structure is placed on a parcel, structures may be placed farther back on the site to establish courtyards or other open spaces, and to allow for appropriate layout and site design. Side yard setbacks may be reduced, especially where the abutting property is in business or mixed use. In all cases where a lesser setback is allowed, the Planning Board may impose such conditions as it deems necessary. Such circumstances may include landscaping, consistency with existing street setbacks, and design that encourages a pedestrian environment.
O. 
Hiring of a consultant.
(1) 
The Planning Board may utilize provisions of MGL c. 44, § 53G to hire consultants to assist the Planning Board in review of the proposed developments.
(2) 
In addition, the Planning Board shall request the Design Review Board to assist in the review of any project in the Mixed Use Village Overlay District.
(3) 
The Planning Board may adopt rules and regulations to advance the goals of this bylaw.
[1]
Editor’s Note: This section was originally included in the Code as § 250-23.2, but was renumbered as § 250-16.1 at the request of the Town in order to maintain the organizational structure of the chapter.

§ 250-16.2 As-of-Right Commercial Solar Photovoltaic Renewable Energy Installations Overlay District. [1]

[Added 5-2-2016 ATM by Art. 24]
A. 
Purpose.
(1) 
The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic renewable energy installations in the overlay district by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
(2) 
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic renewable energy installations located in the overlay district.
B. 
Designated location. The properties designated as part of this overlay district include Bolton Assessor's Map 5.A, Parcel 11, Bolton Assessor's Map 5.A, Parcel 19, and Bolton Assessor's Map 4.C, Parcel 38, where ground-mounted large-scale solar photovoltaic installations may be sited as-of-right. Said locations shall be shown on Bolton, Massachusetts Base Town Map and Zoning Map pursuant to MGL c. 40A. § 4. This map is hereby made a part of this Zoning Bylaw and is on file in the office of the Town Clerk.
C. 
Applicability.
(1) 
This section applies to large-scale ground-mounted solar photovoltaic renewable energy installations with a rated name plate capacity of 250 kW (DC) or more occupying approximately one acre of land in the overlay district.
(2) 
Such use shall not create a nuisance which is discernible from other properties by virtue of noise, vibration, smoke, dust, odors, heat, glare and radiation, unsightliness or other nuisance as determined by the site plan approval granting authority.
(3) 
This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
(4) 
The construction and use of large-scale ground-mounted solar photovoltaic renewable energy installations shall undergo site plan approval by the Select Board prior to construction, installation or modification. Site plan approval decisions shall conform to the requirements of this section, § 250-23F of the Zoning Bylaw and other relevant sections of the Zoning Bylaw.
[Amended 5-3-2021 ATM by Art. 10]
D. 
Definitions.
AS-OF-RIGHT SITING
As-of-right siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan approval to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by the Select Board.
[Amended 5-3-2021 ATM by Art. 10]
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof mounted, and has a minimum nameplate capacity of 250 kW DC.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
E. 
General.
(1) 
Required documents. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Pursuant to the site plan approval process, the project proponent shall provide the following documents:
(a) 
Site plan showing property lines, zoning district, access to the project site and physical features, including roads, grading, vegetation clearing and planting, exterior lighting, signage, screening, etc.
(b) 
Drawings showing the proposed layout of the system and its major components, including PV panels, mounting system and inverter.
(c) 
Electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods.
(d) 
Name, address, and contact information for property owners, project proponents and their agents, and the proposed system installer.
(e) 
Interconnection agreement.
(f) 
Operation and maintenance plan.
(g) 
Emergency response plan.
(h) 
Description of financial surety.
(2) 
Lot requirements. A large-scale ground-mounted solar photovoltaic renewable energy installation shall meet the setbacks and maximum lot coverage under "Other Uses" of the dimensional regulations in § 250-13.
(3) 
Visual impact. The visual impact of large-scale ground-mounted solar photovoltaic renewable energy installations, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Structures shall be shielded from view and/or joined and clustered to avoid adverse visual impacts as deemed necessary by the site plan approval granting authority. Methods such as the use of landscaping, natural features and opaque fencing shall be utilized.
(4) 
Compliance with laws, ordinances and regulations. The construction and operation of large-scale ground-mounted solar photovoltaic renewable energy installations shall be consistent with all applicable local regulations and bylaws, and state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic renewable energy installation shall be constructed in accordance with the State Building Code.
(5) 
Building permit. No large-scale ground-mounted solar photovoltaic renewable energy installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. The application for a building permit for a large-scale solar photovoltaic installation must be accompanied by the fee required for a building permit.
(6) 
Utility notification. No large-scale ground-mounted solar photovoltaic renewable energy installation shall be constructed until evidence has been given to the site plan approval granting authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Proof of a mutual agreement with the utility company shall be provided to the site plan approval granting authority. Off-grid systems shall be exempt from this requirement. If the commercial solar photovoltaic renewable energy installation goes on grid, it shall comply with this requirement.
(7) 
Maintenance. The large-scale ground-mounted solar photovoltaic renewable energy installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, emergency medical services and site plan approval granting authority. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
(8) 
Emergency services. The large-scale ground-mounted solar photovoltaic renewable energy installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. The owner or operator shall provide an emergency response plan. The emergency response plan is subject to the approval of the site plan approval granting authority, the Fire Department and the Police Department, and shall include, at a minimum, explicit instructions on all means of shutting down the commercial solar photovoltaic renewable energy installation, which shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(9) 
Safety and security.
(a) 
Safety and measures of security shall be subject to the approval of the site plan approval granting authority, the Fire Department and the Police Department, and the owner or operator shall be required to provide emergency services with training on all equipment and procedures referenced in the emergency response plan or which might otherwise be necessary for emergency services to operate or perform.
(b) 
The owner or operator shall be required to provide a Knox-Box® (a secure, tamper-proof storage box for keys or other access tools) at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility in each Knox-Box®.
F. 
Design Standards.
(1) 
Lighting. Lighting of large-scale ground-mounted solar photovoltaic renewable energy installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution, with mounting height not to exceed 20 feet.
(2) 
Signs and advertising.
(a) 
Section 250-18, Sign regulations, of the Zoning Bylaw does not apply to this section. Signage for large-scale ground-mounted solar photovoltaic renewable energy installations shall be limited in size as determined by the site plan approval granting authority.
(b) 
Large-scale ground-mounted solar photovoltaic renewable energy installations shall not be used for displaying any advertising except for reasonable identification of the owner or operator of the large-scale ground-mounted solar photovoltaic renewable energy installations and emergency contact information.
(3) 
Utility connections. All utility connections from the large-scale ground-mounted solar photovoltaic renewable energy installations shall be underground unless specifically permitted otherwise by a site plan approval decision. Electrical transformers, inverters, switchgear and metering equipment to enable utility interconnections may be aboveground if required by the utility provider.
(4) 
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation and trees shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic renewable energy installation or otherwise prescribed by applicable laws, regulations and bylaws.
(5) 
Structures and panels. All structures and panels and all associated equipment and fencing including large-scale ground-mounted solar photovoltaic renewable energy installations shall be subject to all applicable bylaws and regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building and lot coverage requirements and may not exceed 50% of the total lot area.
G. 
Modifications. All substantive material modifications to a large-scale ground-mounted solar photovoltaic renewable energy installation made after issuance of the required building permit shall require approval by the site plan approval granting authority.
H. 
Abandonment and removal.
(1) 
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic renewable energy installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the site plan approval granting authority. If the owner or operator of the commercial solar photovoltaic renewable energy installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
(2) 
Removal requirements. Any large-scale ground-mounted solar photovoltaic renewable energy installation, which has reached the end of its useful life or has been abandoned, shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the site plan approval granting authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a) 
Physical removal of all large-scale ground-mounted solar photovoltaic renewable energy installation structures, equipment, security barriers and transmission lines from the site.
(b) 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c) 
Stabilization or revegetation of the site as necessary to minimize erosion. The site plan approval granting authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
I. 
Financial surety. The proponents of large-scale ground-mounted solar photovoltaic renewable energy installation projects may be required to provide a noncancellable surety bond or other form of surety to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the site plan approval granting authority, but in no event to exceed more than 150% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The site plan approval granting authority may waive this requirement at their discretion.
J. 
The Select Board may adopt, and from time to time amend, rules and regulations consistent with the provisions of this Zoning Bylaw, MGL c. 40A, and other applicable provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk.
[Amended 5-3-2021 ATM by Art. 10]
K. 
All large-scale ground-mounted solar photovoltaic renewable energy installation site plan approval decisions shall be valid for a twelve-month period unless renewed or extended by the site plan approval granting authority following application made by the applicant. There is no limit to the number of renewals or extensions the site plan approval granting authority may grant for a large-scale ground-mounted solar photovoltaic renewable energy installation.
[1]
Editor’s Note: This section was originally included in the Code as § 250-26.1, but was renumbered as § 250-16.2 at the request of the Town in order to maintain the organizational structure of the chapter.