Single-family dwellings shall have a minimum driveway entrance of 12 feet.

For facilities containing fewer than five stalls, the minimum width of entrance and exit drives shall be 12 feet for one-way use and 18 feet for two-way use, and the maximum width 20 feet.

For facilities containing five or more stalls, such drives shall be a minimum of 12 feet wide for one-way use and 20 feet wide for two-way use. The minimum curb radius shall be 15 feet. The maximum width of such driveways at the street line shall be 25 feet in all districts.

The Planning Board may modify such width and radius limitations when a greater width would facilitate traffic flow and safety. All such driveways shall be located and designed so as to minimize conflict with traffic on public streets and provide good visibility and sight distances for the clear observation of approaching pedestrian and vehicular traffic.

In all districts, unless otherwise stated herein, off-street loading spaces shall be provided and maintained in connection with the construction, conversion, or increase in units or dimensions of buildings, structures or uses, such spaces to be provided in at least the following minimum amounts provided below.

Unless modified by the Planning Board pursuant to § 195-8.7, all required loading facilities shall have minimum dimensions of 12 feet wide, 25 feet in length, 14 feet in height clearance, and shall be located, arranged, and of sufficient number to allow service by the type of vehicle customarily expected for the use while such vehicle is parked completely clear of any public way or sidewalk.

The requirements of this section shall apply to individual users of new and substantially altered structures, provided that when a building existing on the effective date of this bylaw is altered or expanded to increase the gross floor area by at least 5,000 square feet, only the additional gross floor area shall be counted toward the off-street loading requirements.

Parking lots shall be provided only at the side or to the rear of the buildings. The Planning Board may, at its discretion, allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to.

No single section of parking may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, six-foot-wide parking lot islands shall be installed to provide the proper break between adjacent parking lots. For projects which require fewer than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is provided. Each landscaped island must be six feet in width at the minimum. In locations where the possibility exists to enlarge the entire island or portions thereof, the Planning Board would recommend that such measures be taken.

For single- and multifamily dwellings, the front yard shall not be used for parking for accessory uses.

Parking or outdoor storage of one recreational vehicle (camper, etc.) and one boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicles and boat storage (if any) shall be within closed structures.

Garaging of off-street parking of not more than four motor vehicles per dwelling unit may be permitted, of which four motor vehicles, not more than two, may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked.

Consistent with the purposes set forth in this Part 1;

Making the findings and determinations set forth in § 195-10.7;

Making a finding that the requested relief falls within one or more of the categories for the specific relief requested (any of cases in Subsection D below); and

Upon a determination that the relief does not cause detriment to the surrounding neighborhood based upon any of the following applicable criteria:

Modification of parking requirements for nonconforming structures, lots and uses. Where the total number of new parking spaces required by this bylaw is five or fewer for lots or sites that are determined by the Inspector of Buildings to be nonconforming with respect to parking, as specified in this Part 1.

Modification of parking/loading area design standards. Where the design of a parking lot, loading area or aisle width differs from the provisions of § 195-8.5 or other parking provisions in this Zoning Bylaw, provided such design is prepared by a certified professional engineer or architect in the case of a parking garage or other structure, or by a certified professional engineer, architect or landscape architect in the case of a parking lot. Modification of parking design standards may be permitted to allow "tandem parking" (defined as two parking spaces placed one behind another in single file) on a temporary basis for purposes including but not limited to valet parking for restaurant uses, for employee parking, or other purposes upon such terms and conditions as may be acceptable to the Planning Board.

Municipal parking facility. To allow the substitution of space on a particular lot with parking spaces located within a municipal parking lot to satisfy the parking requirements of this § 195-8.4, provided the municipal parking lot where such parking spaces are located is within a distance of 500 feet of the building or use (measured from property line to property line), which is intended to be served and demonstration that doing so will not exceed the cumulative peak demand of said municipal parking lot in a manner which is inconsistent with the objectives of this Part 1.

Parking on a separate lot/satellite parking.

Common parking areas and multiple-use facilities.

Land-banked parking. To reduce the area of impervious surface, encourage open space, accommodate future changes in land use and/or ownership, and shifts in shared parking demand, up to 40% of the land area that would otherwise be needed to provide the required amount of parking may be land-banked or set aside on the site to provide for the future construction of a parking area. The parking facility shall be designed/engineered to enable the site to satisfy the requirements of this Part 1 to meet the peak demands of the project(s) or use(s). Where it can be demonstrated by the applicant in the future that there is a need to convert all or a portion of the land-banked parking facilities because parking demand is in excess of 80% of parking supply on the property, then the applicant may convert the requisite number of land-banked parking spaces to functioning parking spaces. For purposes hereof, parking demand shall be demonstrated through a report of the applicant's (or the then current owner's) traffic engineering consultant, as the case may be, certifying that at any time during the four-hour peak demand period on a weekday or Saturday, the actual parking demand and utilization is in excess of 80% of parking supply on the property, with actual field site observations being conducted on two separate days during any consecutive forty-five-day period. Upon the Planning Board's determination the applicant has established the requisite parking need, and upon submission of the report to the Planning Board, the Planning Board may allow the conversion of all or a portion of the land-banked parking.

Reduction in parking. Where it can be demonstrated that a use or establishment needs a lesser number of parking spaces or loading bays than is required by§ 195-8.4, such as housing for persons with disabilities, low rate of vehicle ownership, the availability and implementation of transportation demand management alternatives, or other such circumstances as may be deemed appropriate by the Planning Board, the number of such parking spaces or bays may be reduced by not more than 35%. An applicant shall submit documentary evidence satisfactory to the SPGA that the parking or loading experience of the specific use justifies a lesser number of spaces or bays. A special permit granted under this authority shall lapse upon change to a different type of use unless otherwise determined by the Planning Board, and shall not be considered to constitute a legal nonconformity with respect to parking for any new use.

Modification of screening and landscaping requirements for off-street parking. Where it can be demonstrated to the satisfaction of the Planning Board that a plan for screening and landscaping would be enhanced without detriment to the surrounding neighborhood through the waiver or modification of one or more of the screening, landscaping and other criteria set forth under Part 4.

The minimum frontage on a street shall be 150 feet.

The maximum width of driveways and curb cuts measured at the street lot line or lines shall be 30 feet; the minimum width shall be 20 feet.

The minimum distance of driveways, measured at the street lot line or lines, shall be as follows:

The minimum setback of any building from all street lot lines shall be 40 feet.

The minimum setback of gasoline pumps from all street lot lines shall be 12 feet.

A raised concrete or granite curb at least six inches in height shall be constructed along all lot lines except at driveway openings.

Properties in residential districts or any residence structures which abut an automobile service station or other automotive service shall be protected from headlight glare by either:

Any new building(s) or construction which contains more than 2,000 square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five or more new or additional parking spaces;

Any construction which results in the addition of more than 2,000 square feet of gross floor area to an existing structure; or results in the requirement of five or more new or additional parking spaces;

Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; stormwater drainage onto or off of the site; and/or the application of the parking standards of Part 1 indicate the need for five or more new or additional parking spaces;

The construction of any new wireless service facility on a previously permitted facility as set forth in § 195-8.43A(2) of the wireless service facilities use regulations.

Single-family dwelling(s) and two-family dwelling(s);

Small structures or additions which do not exceed 2,000 square feet of gross floor area and do not require five or more parking spaces;

Routine repairs and maintenance that do not exceed the provisions of Subsection A(3).

When, in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic, public services and infrastructure, environmental, unique and historic resources, abutting properties, and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application or a limited site plan review application is not required.

The applicant must request a waiver from site plan review or a limited site plan review application in writing and may be required to submit supporting documentation that site plan review is not required. The waiver request will be discussed at a regular session of the Planning Board.

North arrow/location map. A North arrow and a location map showing surrounding roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet. The location map should show at least one intersection of two existing Town roadways.

Survey of lot/parcel. A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted.

Name/Description of project. The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan.

Easements/Legal conditions. Identification of easement(s) or legal encumbrances that are related to the site's physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency with the authority to place conditions on the site's development.

Topography. The present and proposed topography of the site, utilizing two-foot contour intervals. Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown.

Zoning information. All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor area ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board.

Drainage area map. A drainage area map showing pre- and post-construction watersheds, subwatersheds and stormwater flow paths, including municipal drainage system flows.

Stormwater management plan. All applications for site plan review shall include the submittal of a stormwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw).

Building location. Identification of all existing and proposed structures located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structures shall be indicated.

Building elevation. A drawing of the exterior of the building, as viewed from the front (street view), must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least eight inches by 11 inches in size.

Location of parking/walkways. Identification of the location of all existing and proposed parking and walkway areas, including curb cuts that will be used to access the site from adjacent roadways, or access points.

Location of wetlands; notice of intent. All resource areas as defined in MGL c. 131, § 40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190), shall be shown on the site plan. If applicable, the applicant shall file a notice of intent with NACC concurrently with the application to the Planning Board for site plan review.

Location of walls/signs. Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in § 195-6.7 of the Zoning Bylaw.

Location of roadways/drives. Identification of all rights-of-way and driveways, including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any street which is adjacent to the site.

Outdoor storage/display areas. Identification of the location and type of outdoor storage and display areas on the site.

Landscaping plan. The general outline of existing vegetation, wooded areas, significant trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas, significant mature trees (>12 inches DBH), unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stone walls and all planting materials to be placed on the site. Any landscaping required by the Town bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided.

Refuse areas. Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed.

Lighting facilities. Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used.

Traffic impact study. Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. For projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board.

Commonwealth review. Any information required and submitted to any agency of the commonwealth shall be filed with the Planning Board upon the initial submission of the project for Board review.

Utilities. All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems.

Fiscal impact. Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values.

Community impact. Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency and compatibility with existing local and regional plans.

Conformance with all appropriate provisions of the Zoning Bylaw.

Protection of abutting properties from detrimental site characteristics.

Protection of unique or important natural, historic or scenic features.

Adequacy of proposed methods of refuse disposal.

Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use.

Adequacy of the proposed drainage system to mitigate stormwater runoff increase, protect water quality, and minimize flooding.

Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscaped buffer along the street frontage.

Adequacy of the erosion and sediment control plan and any plan for protection of steep slopes, both during and after construction to minimize erosion of soil and sedimentation of streams and waterbodies.

Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting.

The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which is higher than levels now experienced from uses permitted in the surrounding area.

Minimization of clearing where practicable, including the removal of mature trees and shrubs and the avoidance of substantial disturbance to soils, topographic drainage, and water resources.

Incorporation of sustainability and resiliency principles into the site design that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community.

Buildings shall be located with respect to setbacks, placement of parking, landscaping and entrances and exits with surrounding buildings and development.

The buildings shall relate harmoniously to each other in architectural style, the location and building exits and entrances.

Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features.

Electric, telephone, cable TV, and other such lines and equipment must be placed underground.

Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area.

The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances.

Provision for access to adjoining properties shall be provided as appropriate.

Driveways shall be located opposite each other wherever possible.

Joint -access driveways between adjoining properties shall be encouraged.

Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one-family dwellings shall be minimized.

At a minimum, all projects subject to site plan review shall comply with the criteria, specifications, and performance standards of the most recent version of Massachusetts Stormwater Management Standards and accompanying Stormwater Management Handbook. The Lake Cochichewick Watershed Area shall be considered a critical area in terms of applicability of the standards.

Projects subject to the bylaw shall also comply with the requirements and criteria outlined in Articles VII through X of the North Andover Stormwater Management and Erosion Control Regulations (Chapter 250) promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw).

Landscape designs shall be developed based on soil, light and other site-specific conditions. Plant species shall be chosen for their ability to thrive in the post-development soil, water and use conditions of the site without significant supplemental water or fertilizer, once established.

Plant species shall be native to inland Essex County or shall be cultivars of these native species.

The Planning Board shall approve a site plan when the following conditions are met:

The Planning Board shall conditionally approve a site plan when the following conditions are met:

The Planning Board may deny approval of a site plan for the following reasons:

A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town bylaws are violated by the change;

A change in the proposed landscaping plan which does not violate any Town bylaw;

A change of egress and ingress, provided the same is in compliance with Town bylaws and the requirements of the commonwealth.

Submittal of a complete "Application for Limited Site Plan Review."

Evidence supplied by the applicant of the Building Commissioner's written determination of whether the provisions of MGL c. 40A. § 3, are applicable. This determination as to whether the Dover uses applies to a particular proposed use will be made solely by the Building Commissioner.

Relationship of the bulk of structures and adequacy of open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this bylaw, which includes, but is not limited to, building coverage requirements, yard sizes, lot areas and setbacks;

Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly;

Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises;

Physical lighting of the site, especially the adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties, roadways and the night sky;

Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage;

Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site;

Adequacy of fire protection measures; and

Incorporation of sustainability and resiliency principles into the site design that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community.

On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every 30 linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than six feet in width shall be provided. The landscaped strip may be provided either: 1) between the rows of parking spaces parallel to the aisle or 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustrated below. Trees required by this subsection shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this subsection. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this bylaw. (See graphic after tables and footnotes at end of bylaw.)

All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting fall entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets.

All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board.

The Planning Board recommends that materials to be used in the buffer include but not limited to the following material: natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous and coniferous shrubs/trees, perennials, annuals, pedestrian-scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board.

Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the "spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.). In instances where healthy plant material exists on the site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Planning Board may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.

To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller parcels that may directly and adequately service adjacent structures, a minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. In all instances where natural topography lends itself to the screening of these parking areas, it shall be left in its natural state. The Planning Board may at its discretion require additional screening at the owner's expense.

A strip at least four feet wide, densely planted with trees or shrubs which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years; or

An opaque wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within 10 feet of a street lot line.

A development statement, which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to § 195-8.25A below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board;[1] and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information:

Copies of the proposed instruments to be recorded with the plans, including the usable open space perpetual restriction, which shall be deeded to a membership corporation, nonprofit organization, trust, public agency, or the Town of North Andover.

Development plans bearing the seal of a Massachusetts registered architect, registered civil engineer or similar professional as appropriate and consisting of:

The Planning Board may issue a special permit under this Part 5 only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this Part 5 and § 195-10.7, Special permits, and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this Part 5, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the zoning district in which the PRD parcel is located.

If a special permit is granted, the Planning Board may impose as a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requirements of the Subdivision Rules and Regulations of the Planning Board.[3]

Further, the regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations, planned recreation facilities and site amenities; and may impose additional safeguards pertaining to public safety, welfare and convenience.

Single-family detached houses;

Residential structures with up to five dwelling units per structure, utilizing common wall construction;

Church or other religious purposes;

Agriculture on parcels greater than five acres;

Public parks;

Conservation area or land preserved as permanent open space;

Membership clubs for the exclusive use of the residents of the development.

Minimum lot size: not required.

Lot frontage: not required.

All yard setbacks: not required.

Height limitation: 30 feet or 2.5 stories.

Distance between structures: 50 feet.

Buffer zone: 50 feet from the parcel boundary to any structure located within a PRD development. Said buffer shall remain open without pavement or roadway(s) and left in its natural condition.

Minimum lot size:

Lot frontage: 100 feet in all zoning districts.

All yard setbacks: 20 feet. (Note: The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback.)

Height limitation: 35 feet and 2.5 stories.

Buffer zone. A fifty-foot border from the parcel boundary running the full length of the perimeter of the parcel. No structure shall be built within the buffer zone. The buffer zone shall remain in its natural state except:

Usable open space ratio.

Usable open space calculation.

Ownership and accessibility.

Restrictions.

Except as noted in Subsection H below, the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which:

The Planning Board will use this plan to determine the maximum number of buildable lots and/or dwelling units allowed in a PRD.

Affordable housing bonus.

Open space bonus. For multifamily PRDs, the total number of allowable dwelling units may be increased up to 10% if the proposed PRD provides 65% usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this section.

Maximum density. Proposed PRDs may utilize both bonus provisions, i.e., affordable housing and open space; however, the granting of bonus densities shall not exempt the proposed development from any other criteria required by this section.

Proposed provisions for security within and without the establishment. these provisions must include and detail specifications for the following requirements:

The security plans and personnel referenced in items Subsection E(1) shall be approved by the North Andover Police Chief.

The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public.

A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Part 8 is in effect, provided that the new facility shall first obtain site plan review approval from the Planning Board, and provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located.

No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with § 195-10.7 of this bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this bylaw.

If feasible, wireless service facilities shall be located on preexisting structures, including but not limited to buildings or structures, preexisting telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexisting telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexisting structures upon which to locate.

If the applicant demonstrates to the satisfaction of the SPGA (special permit granting authority) that it is not feasible to locate on a preexisting structure, wireless service facilities shall be camouflaged to the greatest extent possible, including, but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review), and placement within trees.

The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or special permit.

Height, general. Regardless of the type of mount, wireless service facilities shall be no higher than 10 feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged, such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

Height, ground-mounted facilities. Ground-mounted wireless service facilities shall not project higher than 10 feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site.

Height, side- and roof-mounted facilities. Side- and roof-mounted wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

Height, preexisting structures (utility). New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw, provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: water towers, guyed towers, lattice towers, fire towers and monopoles.

Setbacks. All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:

Camouflage by existing buildings or structures.

Camouflage by vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide a year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings.

Color.

Equipment shelters. Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards:

Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandle when measured at grade.

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Article 6, Signs and Sign Lighting Regulations, of this bylaw.

All ground-mounted wireless service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public.

Any wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.

Any alteration made to an historic structure to accommodate a wireless service facility shall be fully reversible.

Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.

The Historic District Commission must review all appropriate facilities.

No facility shall be located within 300 feet of a scenic road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this bylaw shall apply.

Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the "camouflage" subsection above, all ground-mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.

Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed.

No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site. The applicant must comply with all federal, state and local regulations governing hazardous materials.

Stormwater run-off as a result of the wireless facility shall be contained on-site and comply with the DEP stormwater management regulations as applicable.

Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier.

Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.

Radiofrequency radiation (RFR) standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations.

Structural integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility.

General filing requirements:

Location filing requirements:

Siting filing requirements: a one inch equals 40 feet plan prepared by a registered professional engineer in the Commonwealth of Massachusetts showing the following:

Sight lines and photographs as described below:

Design filing requirements.

Noise filing requirements.

Radiofrequency radiation (RFR) filing requirements.

Federal environmental filing requirements.

Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.

A survey of all preexisting structures that may be feasible sites for co-locating wireless service facilities;

Contact with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

Change in the number of facilities permitted on the site;

Change in technology used for the wireless service facility.

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.

A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization.

A commitment from the applicant to fund the construction inspection services of a geotechnical engineer.

A site plan showing the following information:

Documentation of the wind facility's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any;

The name, contact information and signature of any agents representing the applicant;

An operations and maintenance plan for the wind facility;

A construction plan indicating manufacturer's specifications for the tower materials, construction details and details for footing and guying;

A statement that evidences the wind facility's conformance with § 195-8.69C, listing existing ambient sound levels at the site and maximum projected sound levels from the wind facility.

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.

Educational signs providing information about the facility and the benefits of renewable energy.

A distance equal to 10 times the blade diameter of the wind facility from buildings, critical infrastructure, including critical electric infrastructure and above-ground natural gas distribution infrastructure, or private or public ways that are not part of the wind facility;

A distance equal to 10 times the blade diameter of the wind facility from the nearest existing residential or commercial structure.

Physical removal of all wind facilities, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

A registered marijuana dispensary ("RMD"), in which case the requirements set forth in this Part 11 shall apply; or

A use allowed in the underlying district, in which case the requirements of the underlying district shall apply.

School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;

Child-care facility;

Library;

Playground;

Public park;

Youth center;

Public swimming pool;

Video arcade facility; or

Similar facility in which minors commonly congregate.

The name and address of each owner of the facility/operation;

Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A copy of its registration as an RMD from the Massachusetts Department of Public Health ("DPH");

A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of MIPs;

Detailed site plans that include the following information:

The hours of operation shall be set by the special permit granting authority, but in no event shall a facility be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery from the premises, between the hours of 8:00 p.m. and 8:00 a.m.

No medical marijuana facility shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.

An RMD shall not be located in buildings that contain any medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD.

Signage for the RMD shall include the following language: Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.

All aspects of an RMD relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

Ventilation. All facilities shall be ventilated in such a manner that:

The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

All special permit holders for uses under this Part 11 shall provide the Police Department, Fire Department, Building Commissioner, Board of Health, and special permit granting authority with the names, phone numbers, mailing and e-mail addresses of all management staff and key-holders, including a minimum of two operators or managers of the facilities identified as designated contact persons to whom notice should be made if there are operating problems associated with any use under this Part 11. All such contact information shall be updated as needed to keep it current and accurate.

The permit holder shall file with the Zoning Enforcement Officer and SPGA a copy of any summary cease-and-desist order, cease-and-desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD within 48 hours of receipt by the RMD.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.

Solar collectors, roof-mounted. The maximum height of buildings and structures shall be as set forth in Table 2.[1] However, no roof-mounted solar collector shall exceed two feet in height unless a waiver is granted by the Planning Board.

Solar energy systems, ground-mounted. The maximum height of small-, medium-, and large-scale ground-mounted solar energy systems shall not exceed 15 feet in height.

Solar energy systems, small- and medium-scale ground-mounted, accessory to a principal use shall be at the least 1/2 of the setback that would otherwise apply or a minimum of 15 feet, whichever is greater, from the side or rear lot line. All ground-mounted solar energy systems shall be installed either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principal structure.

Solar energy systems, large-scale ground-mounted shall have a side and rear yard setback of at least 75 feet; except, however, that where the lot abuts a Residential District, the side and rear yard setback shall be 100 feet. All large-scale ground-mounted solar energy systems shall be installed either in the side yard or rear yard and be located no nearer the street than the building line of the principal structure.

Solar energy system, appurtenant structures: shall be subject to Zoning Bylaw requirements concerning the bulk and height of structures, lot area, parking and building coverage requirements for the underlying zoning district. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures shall be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

An application for a special permit or site plan review for a solar energy system shall comply with the standards set forth in this section and shall be reviewed by the SPGA or site plan review authority.

A site plan showing:

Standards for solar energy systems.

In addition, if a large-scale solar energy system:

Provide adequate access to each structure for fire and emergency service equipment;

Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;

Minimize the volume of cut and fill, the number of removed trees that are six inches or more in caliper, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution;

Provide adequate stormwater management and other utilities consistent with the functional requirements of the North Andover Stormwater Regulations,[2] Department of Environmental Protection, Massachusetts Stormwater Management Handbook (as revised);

Minimize obstruction of scenic views from publicly accessible locations;

Maximize pedestrian and vehicular safety both on the site, including ingress and egress;

Minimize glare from headlights and lighting intrusion;

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and

Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, environmental standards and other pertinent sections.

No solar energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a site plan review or special permit from the SPGA/site plan review authority and a building permit from the Building Inspector;

The SPGA shall not approve any such application for a special permit unless it finds that, in its judgment, all the conditions stated in § 195-10.7A of the Zoning Bylaw are met.

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion. The SPGA/site plan review authority may allow the applicant(s) to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

With the exception of continuing care retirement centers, as defined and described in §§ 195-13.1 to 195-13.7 of the Zoning Bylaw, as a condition of approval for a Special Permit in a development subject to this Inclusionary Housing Requirements bylaw, the applicant shall contribute at least 15% of the total housing units in the development subject to this bylaw as affordable housing units in any one or combination of methods provided for below:

Continuing care retirement centers shall contribute at least 5% of the total number of housing units in the development as affordable housing units in compliance with Subsection A(1)(a) or A(1)(c) above or in combination of methods provided for in Subsection A(1)(a) or A(1)(c) above.

The applicant may offer, and the SPGA may accept, any combination of the § 195-8.99A(1)(a) through (c) requirements, provided that in no event shall the total number of units provided be less than the equivalent number or value of Affordable Housing Units required by this bylaw.

For purposes of this bylaw, any calculation of required Affordable Housing Units that results in the fractional or decimal equivalent of three-quarters (0.75) or above shall be increased to the next highest whole number. Nothing in this bylaw shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements. In no instance shall any permit or Special Permit approval create less than one Affordable Housing Unit or provide applicable fees-in-lieu payment.

As a condition for the granting of a Special Permit, all Affordable Housing Units shall be subject to an Affordable Housing Restriction. The Special Permit shall not take effect until it is recorded at the North Essex Registry of Deeds; and a copy provided to the Planning Board and the Inspector of Buildings.

Affordable Housing Units shall be sold or rented, as applicable, to Income Eligible Households at sales prices or rents that are affordable to Income Eligible Households pursuant to an Affordable Housing Restriction. Developers may participate in public subsidy programs for developments subject to this bylaw. To the extent that one or more other rent or sale price restrictions apply to a development containing Affordable Housing Units, the more restrictive rent or sale price restrictions shall apply to the Affordable Housing Units.

In the case that a development is built in phases, Affordable Housing Units shall be developed in the same proportion as the overall number of housing units contained in the development in a manner that is consistent with the schedule described in § 195-8.100E.

Floor Area Ratio (FAR) Bonus. The FAR normally permitted in the applicable zoning district for residential uses may be increased by up to 30% for the inclusion of the Affordable Housing Units in accordance with § 195-8.99A(1) above, and at least 50% of the additional FAR should be allocated to the Affordable Housing Units. In a mixed-use development, the increased FAR may be applied to the entire lot, however, any gross floor area increase resulting from the increased FAR shall be occupied only by residential uses, exclusive of any hotel or motel use.

Density Bonus. The SPGA may allow the addition of one Market-Rate Housing Unit more than allowed in the zoning district for each Affordable Housing Unit provided in addition to the number of the Affordable Housing Units that are required by the bylaw. The minimum lot area per dwelling unit normally required in the applicable zoning district may be reduced by that amount necessary to permit up to one additional Market-Rate Housing Unit for each one the Affordable Housing Unit provided in addition to those that are required by the bylaw.

Voluntary Inclusionary Housing Bonus. New affordable housing development that is not subject to § 195-8.97 and exceeds the requirements specified in § 195-8.99A may receive the same benefits specified in § 195-8.99B(1) and (2) when the development is approved by the SPGA. The net increase in housing units shall not exceed 50% of the original property yield before any FAR or density bonuses were applied.

Continuing care retirement centers are not subject to the provisions stated in § 195-8.99B. Bonuses under Article 13, Continuing Care Retirement Center, § 195-13.6 are applicable.

After making a finding that the applicant has clearly demonstrated that providing such Affordable Housing Unit(s) would make the development economically infeasible.

Calculation of fees-in-lieu of units. The fee-in-lieu of the construction or provision of Affordable Housing Units will be equal to the difference between the full and fair market value of a comparable Market-Rate Housing Unit and the affordable price of the applicable Affordable Housing Unit, as calculated consistent with § 195-8.103. The SPGA will make the final determination of the fee-in-lieu, and may retain a third-party consultant to review the applicant's full and fair market value of the comparable Market-Rate Housing Unit.

Schedule of fees-in-lieu-of-unit payments. Fees-in-lieu-of-unit payments shall be made according to the schedule set forth in § 195-8.100E, above. The cash payment shall be made to the Affordable Housing Trust Fund.

The SPGA shall require, as a condition for Special Permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restriction on affordability that are consistent with the requirements under this bylaw, including the execution of an Affordable Housing Restriction that is noted in § 195-8.104A, above.

The SPGA shall require, as a condition for Special Permit approval under this bylaw, that the applicant comply with the conditions of the DHCD universal deed rider, including but not limited to requirements regarding owner occupancy.

No Certificate of Occupancy shall be issued until an Affordable Housing Restriction in the form of a LIP regulatory and use agreement has been reviewed by Town Counsel and approved by DHCD has been fully executed and recorded at the North Essex Registry of Deeds.