Marshfield City Zoning Code
ARTICLE XIII
Superimposed Districts
§ 305-13.01 Inland Wetlands District.
A.
Purpose of district. The purpose of this district is:
(1)
To preserve and protect the streams and other watercourses and their adjoining lands in the Town of Marshfield.
(2)
To protect the health and safety of persons and property against the hazards of flooding and contamination.
(3)
To preserve and maintain the groundwater table for water supply purposes.
(4)
To protect the community against the detrimental use and development of lands adjoining such watercourses.
(5)
To conserve the watershed areas of the Town of Marshfield for the health, safety, and welfare of the public.
B.
Definition of district. The Inland Wetlands District is superimposed over any other district established by this bylaw. Except as noted below, all lands in Marshfield which have been identified by the Soil Conservation Service of the U.S. Department of Agriculture as being characterized by poorly drained and very poorly drained mineral soils and very poorly drained soils formed by inorganic deposits and having a water table at or near the surface seven to nine months of the year are included in the district. Where these soils fall within the Coastal Wetlands District, the area shall be considered as in the Coastal Wetlands District. A parcel of land with respect to which a building or use permit is sought shall not be subject to the provisions of this Article XIII if:
(1)
It is partially outside the Inland Wetlands or Coastal Wetlands Districts; and
(2)
The contiguous portion outside the boundaries of such districts is equal to at least 80% of the minimum area requirements of Article VI; and
(3)
The proposed building or use will take place on the portion of such parcel which is outside such Inland or Coastal Wetlands Districts.
C.
Permitted use. Municipal use, such as waterworks, pumping stations, essential services and parks, is permitted under this section. Land in the Inland Wetlands District may be used for any purpose otherwise permitted in the underlying district except that:
(1)
No structure intended for human occupancy or use on a permanent basis having water and sewage facilities and no other building, wall, dam or structure (except flagpoles, signs and the like) intended for permanent use shall be erected, constructed, altered, enlarged, or otherwise created or moved for any purpose unless a special permit from the Board is issued. However, without a special permit, a structure existing at the time this bylaw becomes effective may be reconstructed or repaired after a fire or other casualty and a dwelling or buildings accessory to a dwelling existing at the time this bylaw becomes effective may be altered or enlarged provided no other provisions of these bylaws are violated.
(2)
Dumping, filling, excavating or transferring of any earth material within the district is prohibited unless a special permit from the Board is issued. However, this subsection does not prohibit ordinary gardening activities in lawn or garden areas which are used for such purposes at the time this bylaw becomes effective.
(3)
No ponds or pools shall be created or other changes in watercourses, for swimming, fishing or other recreational uses, agricultural uses, scenic features or drainage improvements or any other uses, unless a special permit from the Board is issued.
D.
Permit and procedure.
(1)
Any person(s) desiring such a permit shall submit an application to the Board of Appeals which shall comply with the conditions and submittal requirements as listed in the following subsections. (Such conditions shall include, where applicable, approval by the Board of Selectmen, the Massachusetts Department of Environmental Protection, and the Massachusetts Department of Transportation under MGL c. 131, acts relating to the protection of inland wetlands of the commonwealth.)
(2)
The application procedure shall be the same as for special permit. Copies of the application for special permit to the Board with accompanying plans shall also be sent to the Building Commissioner/Zoning Enforcement Officer, Board of Health, Conservation Commission and the Planning Board for their recommendations to the Board, as to their approval, disapproval or appropriate recommendations.
E.
Required submittals.
(1)
Submission of a location plan at a scale of one inch equals 1,000 feet showing the lot(s) to be developed, lot(s) lines within which the development is proposed, and tie-in to the nearest road intersection.
(2)
A site plan at a minimum scale of one inch equals 40 feet shall be prepared by a registered land surveyor or registered professional civil engineer. The site plan shall be submitted to the Board and shall show at least the following:
(a)
The location, boundaries, and dimension of each lot in question.
(b)
Two-foot contours of the existing and proposed land surface.
(c)
The locations of existing and proposed structures, watercourses, and drainage easements, means of access, drainage, and sewage disposal facilities.
(d)
The elevation of the basement and first floor.
(e)
The area and location of leaching fields.
F.
Development conditions. For the development of land within the Inland Wetlands District, the following conditions shall apply:
(1)
The lot(s) shall be served by a public water system.
(2)
If the lot(s) is to be served by public sewerage system, the following conditions shall apply:
(a)
A minimum of six test borings to a minimum depth of eight feet shall be taken, three of which shall be within the area of the proposed structure and three within 25 feet of the outside walls of the structure, but not closer than 10 feet. A report by a soil scientist or qualified engineer shall accompany the test data.
(b)
The floor level of areas to be occupied by human beings as living or working space shall be four feet above the seasonal high-water table and not subject to periodic flooding.
(c)
If the basement floor level is below the seasonal high-water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to withstand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching.
(d)
Safe and adequate means of vehicular and pedestrian passage shall be provided in the event of flooding of the lot(s) or adjacent lot(s) caused by either the overspill from water bodies or high runoff.
(3)
If the lot(s) is to be served by an on-lot septic system, the following conditions including those listed previously shall apply:
(a)
The leaching area designed for use as well as a reserved area for future expansion or total future use shall be plotted with dimensions on the site plan.
(b)
A minimum of two percolation tests per leaching area shall be performed. The maximum groundwater table shall be determined during the last two weeks of March or the first three weeks of April. At least two deep observation pits shall be dug to determine soil profiles. The observation pits may be dug during other times of the year and shall be accompanied by a detailed report compiled by a soil scientist or qualified engineer.
(c)
The leaching areas shall not be constructed in areas where the maximum groundwater elevation is less than four feet below the bottom of the leaching area.
(4)
The developer shall show that the proposed development will not endanger health or safety, including safety of gas, electricity, fuel and other utilities from breaking, leaking, short circuiting, grounding, igniting or electrocuting; obstruct or divert flood flow; substantially reduce natural floodwater storage capacity; destroy valuable habitat for wildlife; or increase stormwater runoff velocity so that water levels on other land are substantially raised or the danger from flooding increased.
G.
Board of Appeals procedure.
(1)
The Board of Appeals shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Building Commissioner/Zoning Enforcement Officer, the Board of Health, the Conservation Commission, and the Planning Board, or until 30 days have elapsed after receipt of such plan without the submission of a report. The Board of Appeals shall give due consideration to all reports and, where its decision differs from the recommendations received, shall state the reasons therefor in writing.
(2)
The Board may, as a condition of approval, require that effective notice be given to prospective purchasers, by signs or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same.
H.
Certificate of occupancy. No certificate of occupancy shall be issued until the Board, the Building Commissioner/Zoning Enforcement Officer, the Board of Health, the Conservation Commission, and the Planning Board have received a certified plan showing the foundation and floor elevations, grading of the premises, elevations of the various elements that make up the sewage disposal system, and that all requirements of all permits are satisfied.
I.
Areas and yard regulations. A lot, a portion of which is in the Inland Wetlands District, meets minimum area regulations under Article VI of this bylaw provided that not more than 20% of the lot area which is required to meet the minimum requirements of the zoning district is within the Inland Wetlands District.
§ 305-13.02 Coastal Wetlands District.
A.
Purpose of district. The purpose of this district is to promote:
(1)
The health and safety of the occupants of lands subject to seasonal or periodic tidal flooding.
(2)
The preservation of the salt marshes and tidal flats and their attendant public benefit.
(3)
The safety and purity of water; control and containment of sewage; safety of gas, electric, fuel and other utilities from breaking, leaking, short circuiting, grounding, igniting, electrocuting or any other dangers due to flooding.
B.
Definition of district. The Coastal Wetlands District is superimposed over any other districts established by the bylaw. All lands in Marshfield covered by water of the average lunar monthly high tides and all other lands which have been identified in the report, "Soil Survey, Plymouth County, Massachusetts" issued July 1969 by the Soil Conservation Service of the U.S. Department of Agriculture as being tidal marsh and thereby subject to tidal flooding are included in this district.
C.
Permitted uses. Municipal uses such as wastewater treatment facilities, waterworks, pumping stations, a maritime service and safety facility, essential services, and parks are permitted in this district. Land in the Coastal Wetlands District may be used for any purpose otherwise permitted in the underlying district except that:
[Amended 4-24-2017 STM by Art. 2]
(1)
No structure intended for human occupancy or use on a permanent basis having water or sewerage facilities, and no other building, wall, dam, or structure (except flagpoles, signs and the like) intended for permanent use shall be erected, constructed, altered, enlarged or otherwise created or moved for any purpose except for piers, boathouses, walkways, and similar facilities as which may be granted by a special permit from the Board. However, without a special permit, a structure existing at the time this bylaw becomes effective may be reconstructed or repaired after a fire or other casualty and a dwelling or building accessory to a dwelling existing at the time this bylaw becomes effective may be altered or enlarged provided no other provisions of these bylaws are violated.
(2)
Dumping, filling, excavating, or transferring of any earth material within the district is prohibited. However, this subsection does not prohibit ordinary gardening activities in lawn or garden areas which are used for such purposes at the time this bylaw becomes effective.
(3)
No ponds or pools shall be created or other changes in watercourses, for swimming, fishing, or other recreational uses, marine agricultural uses, scenic features or drainage improvements or any other uses, unless a special permit from the Board is issued.
(4)
No use shall be permitted to develop in such a manner as will adversely affect the natural character of the area.
D.
Permit and procedure. Any person(s) desiring such a permit shall submit an application to the Board which shall comply with the conditions and submittal requirements as listed in the following subsections. (Such conditions shall include, where applicable, approval by the Board of Selectmen, the Massachusetts Department of Environmental Protection and the Massachusetts Department of Transportation under MGL c. 130, acts relating to the protection of coastal wetlands of the commonwealth.) The application procedure shall be the same as for special permits. Copies of the application for special permit to the Board of Appeals with accompanying plans shall also be sent to the Building Commissioner/Zoning Enforcement Officer, Board of Health, the Conservation Commission, and the Planning Board for their recommendations to the Board as to their approval, disapproval or appropriate recommendations.
E.
Required submittals.
(1)
Submission of a location plan at a scale of one inch equals 1,000 feet showing the lot(s) to be developed, lot lines within which the development is proposed and tie-in to the nearest road intersection.
(2)
A site plan at a minimum scale of one inch equals 40 feet shall be prepared by a registered land surveyor or a registered professional engineer. The site plan shall be submitted to the Board and shall show at least the following:
F.
Board of Appeals procedure.
(1)
The Board shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Building Commissioner/Zoning Enforcement Officer, the Board of Health, the Conservation Commission, and the Planning Board or until 30 days have elapsed after receipt of such plan without submission of a report. The Board shall give due consideration to all reports and, where its decision differs from the recommendations received, shall state the reasons therefor in writing.
(2)
The Board may, as a condition of approval, require that effective notice be given to prospective purchasers, by signs or otherwise, of past flooding of said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same.
G.
Certificate of occupancy. No certificate of occupancy shall be issued until the Board, the Building Commissioner/Zoning Enforcement Officer, the Board of Health, the Conservation Commission, and the Planning Board have received a certified plan showing the foundation and floor elevations, elevations of the completed construction, and that all requirements of all permits are satisfied.
H.
Areas and yard regulations. A lot, a portion of which is in the Coastal Wetlands District, meets minimum area regulations under Article VI of this bylaw provided that not more than 20% of the lot area which is required to meet the minimum requirements of the zoning district is within the Coastal Wetlands District.
§ 305-13.03 Water Resource Protection District (WRPD).
[Amended April 2011 ATM]
A.
Purpose of district. The purpose of this overlay district is to prevent contamination of and preserve the quantity and quality of ground and surface water which provides existing or potential water supply for the Town's residents, institutions, and businesses.
B.
Scope of authority. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Uses prohibited in the underlying zoning districts shall be prohibited in the WRPD. When an additional special permit and/or site plan approval is required for a proposed use within the WRPD, the permit granting authority shall be the Planning Board.
[Amended 10-19-2020 STM by Art. 16]
C.
Establishment and delineation of the WRPD.
(1)
The WRPD includes the Zone II protection areas as shown on the Zoning Map of the Town of Marshfield, Massachusetts, as defined in § 305-3.03 of the Zoning Bylaw (Zoning Map). The WRPD is superimposed over any other district established by this bylaw. In cases of conflicting use regulations, the more restrictive zoning requirements shall apply.
(2)
The boundaries of this district may be modified upon acceptance of approved Zone II conformance with wellhead protection requirements of the Massachusetts Drinking Water Regulations, 310 CMR 22.21, and through a Zoning Map amendment approved through Town Meeting.
D.
Split lots and determination of applicability.
(1)
Where the boundary line of the WRPD divides a lot or parcel, the requirements established by this bylaw shall apply only to the portion of the lot or parcel located within the WRPD. The boundary shall be shown on a site plan as required by this bylaw or through site plan review and shall be acceptable to the reviewing authority in accordance with all applicable provisions from the Zoning Bylaw and associated Planning Board rules and regulations.
(2)
The applicant shall demonstrate, through the use of site plans, that development activity outside of the boundary shall not be connected to land within the boundary through post-development grading, stormwater infrastructure, wastewater infrastructure or other potential connections that could lead to the contamination of groundwater within the WRPD. Where development practices create a hydrologic connection across the WRPD boundary, the applicant shall demonstrate that any water moving into or away from the WRPD is accounted for in any of the required pollutant loading calculations and meets all of the standards associated with the WRPD. Where a special permit may be required, the Planning Board may impose such conditions as are reasonably required to ensure that these standards are met.
(3)
If an applicant questions the accuracy of Town's Zoning Map as referenced in Subsection C(1) above, the applicant may challenge the extent to which his/her property is subject to the WRPD provisions in advance of submitting an application for development to the Building Commissioner/Zoning Enforcement Officer, Board of Appeals, or the Planning Board. Said challenge shall be made through a request for a determination of applicability to the Building Commissioner/Zoning Enforcement Officer. A request for a determination of applicability shall be made in writing to the Building Commissioner/Zoning Enforcement Officer and shall include the following information at a minimum:
(a)
Site plan clearly depicting the parcel boundary and boundaries of adjacent parcels and rights-of-way;
(b)
Survey benchmarks;
(c)
Stamp from a Massachusetts registered surveyor;
(d)
Name and address of property owner(s);
(e)
Property address and map and lot number from the most recent Assessor's records;
(f)
Locations of surface water and wetland flags;
(g)
Location of WRPD boundary;
(h)
North arrow;
(i)
Scale (minimum of one inch equals 40 feet).
(4)
Upon receipt of a request for a determination of applicability, the Building Commissioner/Zoning Enforcement Officer may make this determination in consultation with the Town Engineer and any other applicable agent of the Town of Marshfield.
(5)
The burden of proof shall be upon the applicant to determine the extent to which the property is subject to the jurisdiction of this bylaw. At the request of the applicant the Town may engage a professional engineer or State of Massachusetts registered land surveyor to determine more accurately the boundaries of the district with respect to individual parcels of land and may charge the applicant for all or part of the cost of the investigation.
(6)
The Building Commissioner/Zoning Enforcement Officer shall file his/her written determination with the Planning Board and the Board of Appeals. Any application for a determination of applicability and associated materials shall not substitute for materials required as part of site plan review, a building permit application, or any application for a special permit. Any determination made by the Building Commissioner/Zoning Enforcement Officer as part of a determination of applicability shall be considered by other reviewing agencies in their deliberations of separate applications but shall not constitute approval or denial of said applications.
E.
Use regulations.
(1)
Exempt uses. The following specific uses of land shall be exempt from provisions associated with the WRPD. Where municipal services are exempted herein [Subsection E(1)(e), (f) and (g)], the Department of Public Works or Town Engineer shall provide notice to the Planning Board of these activities within 14 days of beginning work along with any available engineered plans.
(a)
Storage of liquid petroleum products of any kind incidental to:
[1]
Normal household quantities as defined in Article II, Definitions, of the Zoning Bylaw and outdoor maintenance or the heating of a structure;
[2]
Waste oil retention facilities approved by the Board of Health or required by MGL c. 21, § 52A; or
[3]
Emergency generators required by statute, rule or regulation;
(b)
Non-sanitary wastewater treatment facilities approved by the DEP exclusively designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or (13);
(c)
The replacement or repair of an existing non-sanitary wastewater treatment facility that will not result in a design capacity greater than the design capacity of the existing non-sanitary wastewater treatment facility;
(d)
The installation of new wells, the laying of waterlines, and repair and replacement of pipe and appurtenances;
(e)
Drainage repair, replacement, and expansion of existing drainage structures and pipe. All drainage repair, replacement, and expansion shall follow DEP stormwater management best management practices as applicable;
(f)
Minor road repair and overlay including total reconstruction or expansion;
(g)
Street improvements pursuant to the Planning Board's street improvement policy; and
(h)
The laying of sewer line and repair, replacement or expansion of existing structures and pipe.
(2)
Prohibited uses. In addition to any prohibitions found in § 305-5.04, Table of Use Regulations, the following specific uses of land shall be prohibited within the WRPD:
(a)
Petroleum, fuel oil, and heating oil bulk stations and terminals, not including liquefied petroleum gas.
(b)
Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following:
[1]
Very small quantity generators as defined under 310 CMR 30.000;
[2]
Household hazardous waste centers and events under 310 CMR 30.390;
[3]
Waste oil retention facilities required by MGL c. 21, § 52A;
[4]
Non-sanitary wastewater treatment facilities approved by DEP for the treatment of contaminated waters.
(c)
Storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads.
(d)
Stockpiling and disposal of snow or ice containing sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads which has been removed from highways and streets located outside of the WRPD.
(e)
Landfills and/or open dumps as defined in 310 CMR 19.006.
(g)
Landfills receiving only wastewater and/or septage residuals including those approved by the DEP pursuant to MGL c. 21, §§ 26 through 53, MGL c. 111, § 17, MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(h)
Animal feedlots exceeding 10 animals per acre, except as may be protected under MGL c. 40A, § 3.
(i)
Any new development or expansion of existing development that will result in more than 30% of a site becoming impervious within a residential district or more than 60% of a site within a commercial or industrial district becoming impervious unless specifically exempted under Subsection E(1), Exempt uses.
(3)
By-right uses. The following uses are allowed by right within the WRPD provided all necessary permits, orders, or approvals required by local, state or federal laws are obtained and subject to Subsection E(2), Prohibited uses, and Subsection E(4), Special permit uses, of this bylaw:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths and bridges;
(d)
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
(e)
Maintenance, repair, and enlargement of any existing structure;
(f)
Single-family residential development;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(h)
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, treatment plants, aqueducts, and tunnels; and
(4)
Special permit uses. In addition to § 305-5.04, Table of Use Regulations, the following uses shall require a special permit from the Planning Board, as the special permit granting authority (SPGA):
(a)
Enlargement or alteration of existing uses that do not conform to the WRPD.
(b)
Activities that involve toxic or hazardous materials in quantities greater than those associated with normal household quantities except as may be prohibited under Subsection E(2), Prohibited uses.
(c)
Any increase in size or new on-site septic system or sanitary wastewater treatment plant with an individual or combined flow of 2,000 gallons per day or greater.
(5)
Reoccupation and special permits.
(a)
Existing residential, commercial, industrial, and/or community facilities where a change in use is proposed may not require a special permit provided that a WRPD reoccupation certificate signed by the Building Commissioner/Zoning Enforcement Officer indicates that a special permit is not required pursuant to the Planning Board rules and regulations associated with this bylaw.[1]
(b)
Eligibility for a WRPD reoccupation certificate is contingent upon following conditions:
F.
Performance and design standards for all activities. Where applicable, the following performance and design standards shall apply to any activity that may be allowed by right or through a special permit in the WRPD:
(1)
Construction activities. Erosion and sediment control measures shall be taken to ensure that exposed earth and debris are not displaced by stormwater runoff or other conditions in accordance with the requirements for site plan review or the rules and regulations associated with a WRPD special permit.
(2)
Safeguards. Provision shall be made to adequately protect against toxic or hazardous materials discharge or loss through corrosion, accidental damage, spillage, or vandalism. Such measures may include provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolvable materials. Any proposed indoor or outdoor storage of liquid petroleum products shall be in covered and secure container(s) in an area that has a containment system. Said containment system shall be designed and operated to hold the larger of the following two volumes:
(3)
Pesticides, fertilizer and manure. Storage of pesticides, as defined in MGL c. 132B, of commercial fertilizers and soil conditioners, as defined in MGL c. 128, § 64, and animal manure shall only be permitted within a structure with an impermeable cover and liner designed to prevent the generation of contaminated runoff or leachate.
(4)
Disposal. No disposal of hazardous wastes within WRPD shall occur. All provisions of MGL c. 21C (the Massachusetts Hazardous Waste Management Act) shall be adequately satisfied.
(5)
Fill. Fill material used in the WRPD shall contain no solid waste, toxic or hazardous materials, or hazardous waste. Adequate documentation shall be provided to ensure proper condition of the fill. Where a special permit is required, the SPGA may require soils testing by a certified laboratory at the applicant's expense as part of the application process or during construction.
(6)
Separation from groundwater. Permanent removal or regrading of the existing soil cover shall be prohibited where these activities shall result in a finished grade elevation less than five feet above the historical high groundwater level.
(a)
Excavations for building foundations, roads or utility work or the installation of stormwater BMPs shall be exempt from this requirement.
(b)
The high groundwater elevation may be determined by:
[1]
Soil color using the Munsell system, the abundance, size and contrast of redoximorphic features, if present;
[2]
Observation of actual water table during times of annual high water table; or
[3]
Use of USGS wells for correlating comparisons in water tables during times when the water table is not at the annual high range.
(c)
Groundwater elevations depicted on plans shall be stamped by a Massachusetts registered professional engineer.
(d)
Where these requirements would severely limit the development potential of a particular parcel, an applicant may propose permanent removal or regrading of the existing soil cover to a finished grade which is less than five feet above the historical high groundwater elevation through a full WRPD special permit application.
(7)
Wastewater. Wastewater flow in the WRPD shall not exceed 440 gallons per 40,000 square feet for the use of conventional on-site wastewater disposal. This flow may increase to 550 gallons per 40,000 square feet through the use of a DEP-approved innovative and alternative septic system provided the Board of Health also approves the use of the system.
(8)
Stormwater management. Stormwater runoff from impervious surfaces shall be recharged on site in accordance with the standards and guidelines included in the latest version of the Massachusetts Stormwater Management Standards unless in conducting application review it is determined that recharge either is unfeasible because of site conditions or is undesirable because of uncontrollable risks to water quality from such recharge.
G.
Performance and design standards for special permit applications. In addition to those performance and design standards in listed in Subsection F, the following performance and design standards shall apply to any activity that may be allowed through a special permit in the WRPD as applicable:
(1)
Nitrogen loading. All applicants required to obtain a special permit in accordance with § 305-5.04, Table of Use Regulations, and Subsection E(4), Special permit uses, and all applicants for any permit for any use or structure to be located on land which is within the WRPD and which is shown on a definitive subdivision plan, filed on or after April 22, 1996, shall demonstrate by written report to the satisfaction of the Planning Board that the concentration of nitrate-nitrogen resulting from wastewater disposal, animal waste, runoff and fertilizer application, when diluted by rainwater recharge on the lot or subject property as a whole, shall not exceed five milligrams per liter (mg/l). Nitrogen loading, for the purpose of this requirement, shall be calculated in accordance with the Planning Board rules and regulations adopted pursuant to Subsection H, Administrative procedures.
(2)
Emergency response plan (ERP). For industrial and commercial uses, an emergency response plan to prevent contamination of soil or water in the event of accidental spills or the release of toxic or hazardous materials shall be submitted to the SPGA, if deemed necessary, for approval prior to granting of a special permit. Recommendations from the Fire Department on said plan shall be sought. At a minimum, the ERP shall include:
(a)
A clear outline of communication protocol among facility personnel and emergency response agencies;
(b)
Twenty-four-hour contact information for a designated emergency response coordinator (typically the owner or facility manager), who can respond to the site within one hour of notification; multiple emergency response coordinators are recommended;
(c)
Twenty-four-hour emergency contact information for local Police Department, Fire Department, and Board of Health;
(d)
Twenty-four-hour emergency contact information for notification of the Massachusetts Department of Environmental Protection;
(e)
Twenty-four-hour emergency contact information for the facility's designated hazardous waste transporter, if the facility is a licensed hazardous waste or regulated waste generator;
(f)
A list of the hazardous products or hazardous wastes present at the facility, including volume and location of any aboveground or underground storage containers;
(g)
Inventory of all cleanup supplies; and
(h)
A facility map showing hazardous waste accumulation areas, aboveground or underground storage containers, sinks and drains, emergency exits, fire extinguisher locations, and locations of spill cleanup supplies. The facility map shall be posted in the building and shall include emergency contact numbers.
(3)
Monitoring. Periodic monitoring shall be required when the site location and land use activities in the area indicate a significant risk of contamination to the water supply as determined by the SPGA based upon recommendations of the Department of Public Works, Board of Health, and Conservation Commission. Such monitoring may include analysis of water for chemical constituents determined by the SPGA to be appropriate and the installation of groundwater monitoring wells constructed and located by a registered professional engineer with expertise in hydrology, or by directly testing effluent. All testing and engineering costs will be borne by the applicant for special permit or owner of the property.
(4)
Wastewater flows that exceed 2,000 gallons per day (gpd). For those uses that require a special permit pursuant to Subsection E(4)(d), applicants shall meet one of the following standards using the procedures outlined in the Planning Board's regulations:
(a)
Where a previously developed site is being redeveloped, applicants shall demonstrate that there is no net increase in the concentration of nitrogen when nitrogen loading analyses are performed for both the previous and proposed use; or
(b)
For new development that cannot meet the five mg/l on-site standard for average nitrogen concentration or where the standard under Subsection G(4)(a) cannot be achieved for redevelopment, an aggregation of flows analysis shall be provided pursuant to the WRPD rules and regulations demonstrating the use of credit land will result in compliance with the five mg/l standard.
H.
Administrative procedures. The Planning Board, as the SPGA, shall adopt rules and regulations relative to its role in governing activities within the WRPD, which may be amended from time to time and filed with the Town Clerk.[2] Where a special permit application is being considered, the Board shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9.
§ 305-13.04 Stormwater Management Overlay District.
[Added April 2006 ATM; amended 4-27-2015 ATM by Art. 17]
A.
Purpose. The purpose of the Stormwater Management Overlay District is to protect, maintain and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. These objectives will be met by regulating new construction, construction of impervious surfaces, the removal of natural vegetation, especially large trees, and the excavation and alteration of land, in order to minimize erosion, sedimentation, flooding, water pollution, and other adverse impacts of development within the overlay district or any adjacent low lying areas.
B.
Scope of authority. The Stormwater Management Overlay District is established as an overlay district and shall be superimposed on other zoning districts established by this bylaw. All regulations of the Marshfield Zoning Bylaw applicable to the underlying districts shall remain in effect, except that where the Stormwater Management Overlay District imposes additional regulations, such regulations shall prevail.
C.
District boundaries. The boundaries of the Stormwater Management Overlay District are delineated on the Official Zoning Map.
D.
Applicability. The following types of development within the Stormwater Management Overlay District are subject to review by the Building Commissioner/Zoning Enforcement Officer. Notwithstanding other provisions of this bylaw, no land development within the Stormwater Management Overlay District shall be permitted and no building permit shall be issued until the provisions of the Stormwater Management Overlay District regulations have been met. Development activities subject to the Stormwater Management Overlay District design standards include the following:
(1)
The construction of a new dwelling or principal structure.
(2)
Any substantial alteration or addition to any dwelling or other structure, if such action enlarges the footprint of the structure by more than 200 square feet.
(3)
The removal, filling, excavation or alteration of earthen materials if such alteration changes preexisting topography and drainage characteristics of the property in a manner that may adversely impact abutting property owners.
(4)
The removal or destruction of more than five mature trees having a diameter of six inches or greater, measured four feet from the ground surface. This limitation on cutting of mature trees does not apply to trees that are to be removed for construction of a street, dwelling, driveway, walkway, septic disposal system, or a retaining wall. Other trees may be removed if in the opinion of the Tree Warden the trees are dead, dying or are diseased trees that represent a safety hazard to public health or property.
(5)
Any activity that increases the impervious coverage on any lot that causes additional volumes of runoff to discharge on abutting properties that may cause flooding and adversely impact abutting property owners.
E.
Development performance standards. All new construction, substantial alterations, excavation, filling, grading or tree cutting described above in Subsection D shall comply with the following development standards:
(1)
For lots ranging in size from 5,000 to 7,499 square feet, the following development limitations shall apply:
(2)
For lots ranging in size from 7,500 to 9,999 square feet, the following development limitations shall apply:
(3)
For lots ranging in size from 10,000 square feet to 19,999 square feet in area the following development limitations shall apply:
(4)
In the Stormwater Management Overlay District, the removal of native vegetation, especially large trees having a diameter of six inches or greater, measured four feet from the ground surface, shall be minimized. Trees may only be removed for construction of streets, structures, driveways, retaining walls, walkways, utilities and septic systems. Selective clearing of not more than five trees for lawns shall be designated on the site plan.
(5)
To the maximum extent feasible, post-development runoff shall not exceed pre-development runoff. All roof runoff shall be retained and recharged on site in dry wells or infiltration basins covered by natural vegetation which shall be designed to accommodate a one-inch rainfall within a twenty-four-hour period.
(6)
Sediment and erosion control measures as required by the Building Commissioner/Zoning Enforcement Officer or designee shall be employed to minimize the impacts during and after construction.
F.
Permit procedures and requirements. Any activity listed above in Subsection D requires copies of plans to be submitted to the Planning Board, Conservation Commission, Department of Public Works, and Board of Health for review and recommendations. Said boards shall have 21 days to provide comments to the Building Commissioner/Zoning Enforcement Officer. If no comments are received within the 21 days, the Building Commissioner/Zoning Enforcement Officer may proceed with the issuance of the building permit.
§ 305-13.05 Brant Rock Village Overlay District.
[Added 5-5-2014 ATM by Art. 17; amended 10-18-2021 STM by Art. 22]
A.
Purpose. The purpose of the Brant Rock Village Overlay (BRVO) District is to protect and enhance the public health, safety, environment and general welfare by establishing minimum requirements for new development and redevelopment of existing properties and uses located in the BRVO District. New development and redevelopment within the BRVO District are intended to reduce the impacts from actual and projected coastal flooding. The Village of Brant Rock has a historical development pattern that contains both commercial and residential uses within a single building and other geographical areas which are substantially residential. The BRVO will authorize certain mixed uses within a single building provided such buildings can be designed and constructed in a manner that preserves and respects the historic New England architecture of the Brant Rock Village and reduces damage caused by chronic flooding that is prevalent in the BRVO District.
B.
Scope of authority. The Brant Rock Village Overlay District (BRVO) is hereby established as an overlay district and shall be superimposed over the existing Business Waterfront (B-4) Zoning District. All regulations of the Marshfield Zoning Bylaw applicable to the underlying districts shall remain in effect, except that where the Brant Rock Village Overlay District allows for mixed-use buildings, these regulations shall prevail.
C.
District boundaries. The boundaries of the Brant Rock Village Overlay District are delineated on the Official Zoning Map. The overlay district boundaries shall follow the boundaries of the existing Business Waterfront (B-4) Zoning District in the Brant Rock Village area.
D.
Applicability. BRVO provides a development alternative for property owners within the overlay district if they are floodproofing a structure at or above the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 100-year storm event established base flood elevation (BFE).
(1)
Any new building construction, reconstruction or additions to structures within the BRVO that include floodproofing at or above the BFE have the option to build a mixed-use building with commercial uses and access, storage and parking for the residential uses above are allowed on the first floor. Mixed-use buildings would be designed to have a minimum of 40% of the first floor to be commercial use. The residential uses are allowed on the second floor and third floors. Mixed-use buildings shall be subject to the following BRVO regulations.
F.
Design requirements.
(1)
Floodproofing. All of the building shall be elevated above the FEMA FIRM base flood elevation (BFE). Providing a BFE higher than the minimum required by FEMA, to plan for projected sea level rise, is encouraged. Moisture- and rot-resistant breakaway panels shall be provided to screen the building's pilings or piers in the area between the natural ground elevation and the first floor. These breakaway elements should be consistent with the rest of the building's design elements.
(2)
Outside boardwalk, walkway, porch, or deck. All new mixed-use buildings shall provide an outdoor boardwalk, farmer's porch or similar structure, elevated above the BFE, set back from the street or sidewalk. The boardwalk or porch on the first floor shall be a minimum of 10 feet wide measured from the inside edge of the top of the stairs to the outermost wall of the commercial first floor building and exclusive of seating areas. Wherever possible the public access feature should be connected to adjacent buildings.
G.
Intensity and dimensional regulations. All new buildings, redeveloped buildings, or additions for proposed mixed use shall comply with the following intensity and dimensional regulations:
(1)
Setbacks.
(a)
Front. A ten-foot setback is required. No setback from the front property line is required for stairs or ramps leading above the BFE or any boardwalk or porch located above the BFE.
(b)
Side. No side line setbacks are required for buildings providing the ability to have a continuous boardwalk to abutting buildings. Adjoining property owners are encouraged to connect boardwalks and porches to create a continuous elevated pedestrian walkway within the BRVO. For buildings that do not provide the ability to connect to abutting buildings, a five-foot setback is required. Driveways are allowed within the setback.
(c)
Rear. A fifteen-foot building setback is required. Parking spaces and maneuvering lanes are allowed within the setback.
(2)
Density. Residential dwelling units on the second and third story are allowed by special permit at a density of up to three dwelling units per 10,000 square feet of underlying land area.
(3)
Lot size. The minimum lot size for a mixed-use building is 10,000 square feet.
(4)
Building height. The maximum building height for a mixed use building under the special permit process is three stories/35 feet measured above the FEMA FIRM base flood elevation plus one foot.
H.
Architecture. New buildings, additions and reconstruction where mixed uses are proposed shall be designed to incorporate A six-foot step-back of the third floor from the lower two floors on the front and rear of the building(s) shall be provided to reduce the visual height appearance.
I.
Mixed use.
(1)
Buildings shall be designed to reflect the traditional New England coastal village architecture found within the region. The mass, proportion, and scale of the building, roof shape, roof pitch, proportions and relationships between doors and windows should be harmonious among themselves.
(2)
Architectural details of new construction and proposed reconstruction as well as any additions to existing buildings should be harmonious with the building's overall architectural style and should preserve and enhance the historic character of Marshfield.
(3)
Wherever possible, the building's location shall be oriented parallel to Ocean Street and Dyke Road, unless there is a compelling reason to do otherwise that will enhance the proposed project. Building facades in excess of 40 feet wide shall incorporate recesses and projections, of a minimum of two feet in depth, to break up the building's mass. The building roofline should include variations in pitch and height and include dormers, turrets and decks. All building materials shall be moisture and rot resistant in consideration of the coastal weather conditions.
J.
Landscaping. Landscape plantings shall be comprised of native plant species that have adapted to coastal site conditions such as wind, salt spray, flooding and burial. Plantings that provide a variation of seasonal colors are encouraged in elevated planters at both the boardwalk and sidewalk levels.
K.
Parking. In the BRVO 1.25 parking space for each bedroom in all residential units is required. Residential parking should be separate from commercial parking areas and should be sited to the sides or rear of the building. Commercial and residential parking shall be provided on-site. It is required that residential parking be located above the base flood elevation.
M.
Accessibility. All commercial units and boardwalks shall comply with the requirements of the Americans with Disabilities Act (ADA) and the State Architectural Access Board.
O.
Review and decision. The Planning Board shall act on applications according to the time and public hearing requirements specified in MGL C.40A §§ 9 and 11. The Planning Board shall adopt and from time to time amend rules relative to the issuance of such permit, or take any other action relative thereto.
§ 305-13.06 Planned mixed-use development. [1]
[Amended 10-19-2009 STM by Art. 11; 10-27-2014 STM by Art. 18; 4-24-2017 ATM by Art. 12; 10-18-2021 STM by Art. 14; 10-18-2021 STM by Art. 16]
This section of the Zoning Bylaw is to allow a planned mixed-use development (PMUD) overlay district within a portion of the Industrial District as shown on the Zoning Map.
A.
Purpose: The purpose of this planned mixed-use development section is as follows:
(1)
To provide an opportunity to comprehensively plan large tracts of land in a pedestrian friendly, campus-like setting, around a public green.
(2)
To ensure high quality site planning, architecture and landscape design to create a distinct visual character and identity for the development that provides the town with a mixed-use environment with convenience and amenities.
(3)
To ensure any potential traffic impacts of the planned mixed-use development are properly mitigated and in keeping with the character of the Town of Marshfield.
(4)
To generate positive tax revenue, while providing the opportunity for new business growth and additional local jobs.
B.
Process: The applicant files a special permit application with the Planning Board serving as the special permit granting authority (SPGA), for an element within the Planned Mixed-Used District. A new element is a tract in single or consolidated ownership at the time of application and shall be a minimum of seven acres in size and contain at least 150 feet of frontage. An element can be planned for and developed in phases. Completion or modification of approved elements shall not require the minimum tract size. Each element shall contain or provide for the overall road network, roadway drainage, a public green, park, and/or playground, bike and pedestrian ways, lots and proposed uses. A proposed element may, with the written approval of the Planning Board based on an express finding that off-site public improvements are in the public interest, provide financial support to off-site public improvements in lieu of on-site improvements as part of the application. When site plan approval is required for the proposed uses in the PMUD, the site plan approval authority shall be the Planning Board.
C.
Applicability and uses: In addition to the uses allowed in the I-1 Zone that are not specifically prohibited in the PMUD, the following uses may be allowed by special permit: retail and service; eating and drinking places; banks; membership club; hotel; educational campus; medical facility or offices, general offices; research facilities; other amusement/recreation service; mixed-use buildings with commercial on first floor and residential units above with a base density of six units per acre (subject to affordability requirements under Subsection F below); age-restricted adult village residential units with a base density of three units per acre (subject to affordability requirements under Subsection F below); affordable village at a density of three units per acre (subject to affordability requirements under Subsection F below); attached nursing, rest or convalescent home not to exceed 24 beds per acre.
D.
Required performance standards:
(1)
Uses shall be grouped together to maximize pedestrian access by connecting sidewalks and pathways. Buildings, when abutting a public green, shall be oriented around a public green and not Route 139 (Plain Street).
(2)
Access to Route 139 (Plain Street) from within the PMUD shall be through a secondary street as defined in the Planning Board Subdivision Rules and Regulations at a signalized intersection.
(3)
Residential units (including affordable village, age restricted and residential above commercial) shall not exceed a total of 65 units in the PMUD. Residential units permitted through a Chapter 40B process shall not count towards this cap.
(4)
The base number of dwelling units for "residential above and age restricted adult village proposals" in the PMUD shall be determined by the following formula: Total area of land subject to the application minus (-) wetlands/water-bodies multiplied (*) by applicable base density add (+) affordable housing and density bonus (see Subsection F) equals (=) total number of dwelling units.
(5)
Mixed-use residential units within the PMUD shall provide a minimum of 1.25 parking spaces for each bedroom. Age restriction adult village/attached and affordable village/attached residential units within the PMUD shall provide a minimum of two parking spaces per unit. Enclosed or covered parking may be allowed as an accessory use in the rear of the first floor of a mixed-use building.
(6)
The majority of the parking shall be located to the rear or sides of commercial buildings. All parking and loading areas shall be completely screened from Route 139 (Plain Street) by a minimum fifty-foot-wide raised and landscaped buffer. Parking lots and loading areas shall be appropriately screened from roadways within the overlay district by a minimum twenty-foot-wide raised and landscaped buffer. Appropriately designed view corridors of commercial buildings from the roadways within the overlay district shall be allowed.
(7)
Reduction in parking space requirements may be permitted by written request in the application as part of the granting of the special permit where by design and use it is shown to the Planning Board's satisfaction that the parking is compatibly shared by multiple uses. However, in no case shall a parking requirement reduction exceed 20% of those parking spaces required under normal application of requirements for the nonresidential uses proposed.
(8)
Individual retail establishments shall be limited to a maximum gross floor area of 55,000 square feet. An individual retail establishment may be increased to 65,000 square feet where the Planning Board finds that individual sections of the retail establishment front a public green with access and windows or where the additional space is used as small retail uses lining the wall facing the public green of the large retail establishment.
(9)
All elements that create mixed-use residential or attached (age restricted adult village and affordable village) residential units are required to provide affordable housing in compliance with Subsection F. All affordable housing created by this Bylaw shall be Local Initiative Program (LIP) dwelling units in compliance with the requirements of the Massachusetts Department of Housing and Community Development (DHCD) LIP Program. Affordable housing units will count toward the Town's Subsidized Housing Inventory, in accordance with M.G.L. Ch. 40B.
(10)
The maximum density in an affordable village shall be three units per acre. Affordable village developments shall provide 20% of the total number of units as affordable under DHCD guidelines. The breakdown of the affordable units provided in an affordable village shall be as follows: 5% of the units offered at 80% of the median income; 10% of the units offered at 75% of the median income; 5% of the units offered at 70% of the median income.
(11)
In a mixed-use residential above or age restricted adult village residential development which occurs as a result of this Bylaw shall meet the affordable housing requirements and shall be entitled to a density bonus as follows: The number of affordable units and density bonus units shall equal the number of base density units multiplied by 25% and rounded up to the next even number divided by two. [Example: A base density of nine units will result in nine base density units plus four units (.25 x nine units = 2.25 units rounded up to four units, two affordable units and two density bonus units) or 13 units in total. A base density of 31 units will result in 31 base density units plus eight units (.25 x 31 units = 7.5 units rounded up to eight units, four affordable units and four density bonus units) or 39 total units].
(12)
The development site design shall be integrated into the existing terrain and surrounding landscape to provide the least amount of site disturbance, and shall be designed, including with appropriate noise, light and open space buffering and screening to protect abutting properties, neighborhood and community amenities. Building sites shall, to the extent deemed feasible by the Planning Board;
(13)
All elements of the PMUD shall provide for access on roads and driveways that in the opinion of the Planning Board have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic generated by the proposed development. The development shall maximize the convenience and safety of vehicular, bike and pedestrian movement within the site and in relation to adjacent ways through proper layout, location and design.
(14)
All dead end roads and driveways shall terminate in a cul-de-sac or provide if approved by the Planning Board as part of the special permit, other accommodations for vehicles to reverse direction when it is deemed in the public interest to do so. Turn around areas shall be designed to accommodate the largest emergency vehicles of the Town of Marshfield. Dead end streets and connecting driveways shall not exceed 800 feet in length, measured from the intersection of the road that provides access.
(15)
The mass, proportion and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows should be harmonious among themselves. Plans shall provide information and elevations to show massing of buildings, height and spacing between buildings. Plans shall provide a table with properties, entity, use, area (in acres) and area (in percentage) for both the proposed element and total for the overlay district.
(16)
Architectural details, including elevation plans of all sides, shall be submitted of new buildings and additions, and textures of walls and roof materials, should be harmonious with the building's overall architectural style and should preserve and enhance the historic character of Marshfield.
(17)
Commercial and mixed use building location shall be oriented parallel or perpendicular to the public green(s) and/or street. Where the minimum setback cannot be maintained, the applicant shall provide adequate spatial definitions through the use of walls, fences and/or other elements, which will maintain the street line.
(18)
The main entrance to commercial and mixed use buildings may be placed to the side of the front facade to facilitate access to parking.
(19)
Mixed-use and residential building facades in excess of 40 feet shall incorporate recesses and projections, of a minimum of two feet in depth or otherwise be designed, to break up the building's mass and scale.
(20)
A minimum of 40% of a commercial or mixed use building that faces a public green(s) and/or street side facade shall contain windows, excluding the facade facing Route 139 (Plain Street) where the landscaped buffer is determined by the Planning Board to be adequate. The windows should be divided by muntins and framed with a casing trim; awnings should be designed as an integral part of the building facade; metal awnings are discouraged.
(21)
All utility connections to buildings and structures shall be located underground.
(22)
All building rooftop utilities such as air conditioners shall be appropriately screened from public view and from the view of abutting properties.
(23)
All ground mounted utilities such as transformers, switching units, and ventilation pipes shall be appropriately screened from view.
(24)
All loading docks and service entrances where equipment, furniture, goods and materials are loaded into buildings shall be appropriately screened from view.
(25)
All dumpsters and other waste refuse containers shall be covered and appropriately fenced and screened from view. Collection times for dumpsters and other waste refuse containers located in the Mixed-use and residential parcels of the PMUD overlay district shall be scheduled for normal daytime (7:00 a.m. to 5:00 p.m.) residential collection hours.
(27)
The large retail establishment shall either provide an entrance to the public green or it should be designed so that the facade facing the public green is lined with accessory shops or uses to enhance pedestrian activities.
(28)
A public green, playground, recreation field or other recreational amenities (trails/paths/bikeways) shall be required for each element of development within the PMUD. The public green(s) shall be a minimum of 1/2 acre in size per every seven acres within an element and shall be designed as a bike and pedestrian friendly park. The public green(s) shall contain some combination of benches, tables, playground equipment, sidewalks, lighting and landscaping. Each green shall be used solely for active and passive recreation purposes and shall be open to the public. The total acreage of the green in each element may be used toward the land area calculations to determine allowable density within that element. The Planning Board may allow for an off-site location for the public green, playground, recreation field or other recreational improvement if determined to be in the best interest of Town. The public green, playground, recreation field or other recreational improvement requirement may (with Planning Board's approval) be met by adding to an existing public green, playground or recreation field or facility.
(29)
Setbacks for commercial or mixed use buildings within the overlay district shall be as follows:
Minimum Yards | |
|---|---|
Building setbacks | Minimum (feet) |
Public green (where applicable) | 5 |
Front | 20 |
Front (mixed-use) | 5 |
Side | 10 |
Rear | 30 |
(30)
Front setbacks for commercial and mixed use buildings facing the public green(s) may vary. All other standards for I-1 zoning districts contained in the Table of Dimensional and Density Regulations shall apply.
(31)
Landscaped or existing buffered setbacks for affordable village and ARAV developments within the PMUD overly district shall be as follows:
Affordable Village and AVAR Setbacks | |
|---|---|
Buffered Setback | Minimum (Feet) |
Front (Commerce Way) | 30 |
Side | 20 |
Rear | 30 |
Setbacks for Individual Buildings | |
From the interior way | 20 |
From adjacent buildings | 30 |
The purpose of the buffers are to provide a visual screen for the residents from other buildings within the development, as well as surrounding properties and roadways. An additional benefit is to lessen the visual impact of the higher density to the nearby single family homes. While it is preferred to use existing vegetation wherever possible planting and fencing may be used or added to gain the maximum amount of screen possible.
(32)
The affordable village shall include the following lots on the southern side of Commerce Way: E09-01-13, E09-01-14, E09-01-55, E09-01-56, E09-01-57, E09-01-58, E09-01-59, E09-01-60 and E09-01-61.
(33)
The design of the affordable village shall have a lower density of townhomes to the eastern side (Duplex) increasing to triplex and then fourplex as you head west. The attached duplex structures should be designed to appear as a larger single-family home versus a straight side by side attached building.
E.
Ownership of public green.
(1)
Subject to approval by the Planning Board, all areas designated as public greens shall be either placed under a permanent conservation restriction or deeded to the Town as a condition of special permit and site plan approval. If placed under a conservation restriction, said restriction shall be in a form approved by Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, that shall be recorded to ensure that such land shall be kept in an open state. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court with the issuance of the building permit.
(2)
Maintenance of public green: The Town shall be granted an easement over such public green sufficient to ensure its perpetual maintenance as recreation land. Such easement shall provide that in the event the owner fails to maintain the public green in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the undeveloped lots within the corresponding phase of the PMUD to ensure payment of such maintenance expenses.
(3)
Monumentation: Where the boundaries of the public green are not readily observable in the field, the Planning Board shall require placement of permanent surveyed bounds sufficient to identify the location of the public green.
F.
Affordable housing provisions.
(1)
The requirement for affordable units shall be met by one or a combination of the following methods:
(a)
On-site development: Constructed or rehabilitated on the locus subject to the special permit; [required in the affordable village, preferred in residential above commercial and not counted by the state for ARAV developments. In ARAV the applicant will need to provide fee-in-lieu (see below)] or
(b)
Fees-in-lieu of construction: The applicant may offer, and the Planning Board, upon receiving a favorable recommendation from the Housing Partnership, may approve fees-in-lieu-of construction of affordable housing units as satisfying the requirements of Subsection D above. The applicant shall make the payment of the fee-in-lieu of construction to the Marshfield Housing Authority for the sole purpose of creating affordable housing units in the Town of Marshfield that meet the state's LIP and adds to the Town's subsidized housing inventory as determined by the Housing Partnership. Fees-in-lieu of construction are more fully addressed below.
The applicant may offer, and the Planning Board may accept, a combination of the on-site and fees-in lieu of construction; provided that in no event shall the total number of affordable units provided on site and the number of affordable units for which a fee-in-lieu of construction is paid be less than the equivalent number or value of affordable units required for the applicable development by this Bylaw. Note: If affordable units are for rent, the provisions below fees-in-lieu of construction are not applicable.
(2)
Provisions of affordable housing units on-site:
(a)
Location of affordable units: All affordable units shall be situated within and dispersed throughout the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.
(b)
Minimum design and construction standards for affordable units: Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be identical to the market-rate units in size, design, appearance, construction, building systems such as HVAC, electrical and plumbing, and quality and types of materials used in all interior space including bedrooms, kitchen, bathrooms, living rooms, studies, hallways, closets, garages and basements and provided with identical amenities and appliances such as, but not limited to, decks, central vacuum cleaning systems, stoves, refrigerators, compactors, disposals, dishwashers and landscape fencing, walls and plantings unless otherwise approved in the special permit by the Planning Board. No changes to these standards may be made by the Planning Board without the approval of the Housing Partnership.
(c)
Marketing plan for affordable units: Applicants shall submit a marketing plan which describes the number of affordable housing units, their approximate sales price or rent level, the means for selecting buyers or tenants of the affordable units, how the applicant will accommodate local preference requirements and the method of affirmatively marketing the affordable units (including the marketing of such units) to minority households, in a manner that complies with the LIP guidelines. This requirement is further addressed in § 305-11.14I of this Bylaw.
(d)
The marketing plan shall be developed by the applicant with the assistance of the lottery agent and submitted to the Housing Partnership. The Housing Partnership shall review the marketing plan to determine its appropriateness in addressing the affordable housing needs within the community and its compliance with applicable federal and state statutes and regulations, the LIP guidelines and this Bylaw. The Housing Partnership may require modifications of the marketing plan or, if it determines the plan to be satisfactory, may forward it to DHCD with a favorable recommendation. Following the approval of the marketing plan by DHCD, the Housing Partnership shall notify the Planning Board and the lottery agent. The special permit and building permits may be granted prior to receiving DHCD approval so as to facilitate the construction of the development; however, occupancy permits, whether for affordable or market-rate units, shall not be issued until such time as the marketing plan has been approved by DHCD.
(e)
Applicants shall comply with the requirements of the lottery agent and certify their acceptance and willingness to comply with the lottery process or other requirements of the lottery agent for the selection of qualified housing buyers or renters for the affordable units. The lottery system and requirements are further addressed in § 305-11.14I of this Bylaw. Applicants may use a lottery agent from a list of DHCD approved lottery agents or may use the Marshfield Housing Authority as its lottery agent. The recommended lottery agent shall be approved by the Housing Partnership.
(3)
Provision for fees-in-lieu of construction of affordable housing units.
(a)
Fees-in-lieu of construction of affordable housing units: With the exception of an affordable village application an applicant may propose to pay a fee-in-lieu of construction of affordable housing units to the Marshfield Housing Authority. A fee-in-lieu of construction shall be for the sole purpose of creating affordable housing in the Town of Marshfield that meet the state's LIP and adds to the Town's Subsidized Housing Inventory as determined by the Housing Partnership. The fee-in-lieu of construction shall be held in trust and in separate interest bearing accounts by the Marshfield Housing Authority for such purpose.
(b)
For each affordable unit for which a fee-in-lieu of construction is paid, the cash payment per unit shall be equal to 40% of the average price being asked for the market rate units in the applicable development.
(c)
The fee-in-lieu of construction shall not result in an increase in the total number of units contained in the application for the special permit approved by the Planning Board.
(d)
The Marshfield Housing Authority shall submit to the Housing Partnership annually and upon request, reports and other documentation of the use of its financial accounting for the fees-in-lieu of construction.
(e)
The Marshfield Housing Authority shall hold all fees-in-lieu of construction of affordable housing units paid to it and all investment income and profit thereon received by it separately from all other moneys of the Marshfield Housing Authority. It shall cause such fees, income and profit to be audited at least once a year by an independent, certified public accountant or independent firm of certified public accountants experienced in auditing accounts of governmental entities (which may be its regular auditor if such regular auditor meets the foregoing criteria); such audit to be completed no later than the general audit of the Marshfield Housing Authority's financial statements for the applicable fiscal year. A copy of such audit shall be promptly submitted to the Town Accountant, the Town Treasurer, the Town Administrator, the Board of Selectmen, the Housing Partnership, and the Planning Board. Such audit may be combined with the general audit of the Marshfield Housing Authority as long as all matters relating to such fees, income and profit are set forth separately from all other accounts of the Marshfield Housing Authority.
(f)
Schedule of fees-in-lieu of payments: Fees-in-lieu of construction payments shall be made prior to application for the first residential occupancy permit of the element. The market price proposed at the time of application shall be reviewed and adjusted if required at the time of payment. The Planning Board will consult with the Housing Coordinator prior to signing off on building permit.
G.
Criteria for review and approval.
(1)
The Planning Board shall review all applications for planned mixed-use development to determine compliance of the proposal with the following criteria:
(a)
Section A, purpose;
(b)
Section D, required performance standards;
(c)
That the proposed element provides the proper fiscal balance for the Town, ensuring that additional non-residential growth (within the PMUD) occurs prior to or at the same time as additional residential development;
(d)
That any proposed residential units provide the Town with the type of affordable housing as called for in the housing production plan.
(e)
That the projected traffic increase of the proposed uses to the local road(s) and Route 139 is within the capacity of the existing road network, or that the applicant's proposed traffic mitigation measures will adequately address actual and proposed traffic impacts from the proposed element and all other projected development in accordance with standard traffic impact assessment practices and traffic flow.
(f)
That the proposed streets have been aligned to provide vehicular access to lots and/or buildings in a reasonable and economical manner. Lots, buildings, parks, playgrounds and streets have been located to avoid or minimize adverse impacts on wetlands and water-bodies;
(g)
That the proposed development improves pedestrian and bicycle access and safety;
(h)
That suitable public green(s) and or facilities have been provided;
(i)
Acceptability of building and site design;
(j)
That the proposal conforms with the goals of the Marshfield Master Plan and Housing Production Plan as amended.
(2)
The Board's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the special permit. The Board shall impose conditions in its decision as needed to ensure compliance with the Bylaw.
H.
Severability. If any provision or provisions of this Bylaw is or are declared unconstitutional or inoperative by a final judgment, order or decree of the Supreme Judicial Court of the Commonwealth, the remaining parts of said chapter shall not be affected thereby.
I.
Exemption. The Marshfield Planning Board shall have the right to waive strict compliance with the provisions of this Bylaw for nonprofit recreational uses proposed on any municipally owned land within the PMUD, or take any other action relative thereto.