Parking spaces on a lot which is developed for a multifamily dwelling use shall be no closer than five feet to any side or rear lot line. In such a multifamily dwelling use, no off-street parking spaces (except those located within a garage) shall be located within 15 feet of any wall of a principal building along which are located windows serving habitable rooms for dwelling purposes less than 10 feet above the ground or along which is located an entrance or exit generally intended for use for dwelling purposes by residents thereof.

The area shall be effectively screened with suitable planting or fencing on each side which adjoins or faces the side or rear lot line of a lot situated in any "R" District. The parking area on a lot which is developed for a multifamily dwelling use shall be effectively screened from neighboring properties with suitable dense evergreen shrubs or other dense evergreen plantings a minimum of five feet in height on each side of the parking area which adjoins or faces a side or rear lot line of a lot. A solid fence a minimum of five feet in height may be substituted for the dense evergreen plantings if suitable landscaping is provided in addition to the fencing.

The area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. The location of spaces shall be suitably marked by painted lines or other appropriate markings.

A substantial bumper of masonry, steel or heavy timber, or a concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties, and sidewalks and screening materials.

The layout of the parking area shall allow access for emergency vehicles at all times and sufficient space for the storage of plowed snow unless removal by some other means is assured.

Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.

There shall not be any storage of materials or equipment or display of merchandise within required parking area except as part of approved building operations.

Parking and loading spaces other than those required for single-family dwellings shall be so arranged as not to permit backing of vehicles onto any street.

Parking and loading spaces serving new residential uses shall be surfaced with a durable pavement.

Any portion of any entrance or exit driveway shall not be closer than 50 feet to the curbline of an intersecting street.

Any entrance or exit driveway shall not exceed 25 feet in width at its intersection with the front lot line except for automotive service stations and fire stations, in which cases the widths may be increased to 30 feet. If entrance and exit driveways are side by side, an island a minimum of six feet wide shall be provided.

The Zoning Board of Appeals may grant a special exception to permit the reduction of the parking space requirements to 80% of that required in Schedule C, Off-Street Parking Regulations, where conditions unique to the use will reasonably justify such a reduction.

The Zoning Board of Appeals may grant a special exception to permit the reduction of the size of the loading space where such reduced size is consistent with the dimensions of the commercial vehicle serving the premises.

The off-street parking and loading standards set forth in § 290-19 shall not apply to motor vehicles displayed or stored within outdoor display areas, provided the motor vehicles are displayed or stored in connection with the sale of motor vehicles by an individual or entity possessing a Class 1 or Class 2 license to sell motor vehicles issued pursuant to Massachusetts General Laws Chapter 140.

A curb six inches high and six inches wide shall be provided along all property lines abutting street right-of-way except for portions used for driveway entrances.

The entire area used for vehicle service shall be paved, except for any unpaved area that is landscaped, which must be well-protected from vehicle use by a low barrier.

Hydraulic hoist, pits, lubricating, greasing, washing, and repair equipment shall be entirely enclosed within a building. After adoption of this bylaw, the use of pits shall be prohibited in all new construction.

The maximum widths of all driveways at the sidewalk shall be no more than 30 feet.

Minimum angle of driveway intersection with the street shall be no less than 60°.

The minimum distance of any driveway from any property line other than the street property line shall be at least 20 feet.

The minimum distance between curb cuts shall be no less than 40 feet.

It shall be unlawful for any person to alter, modify, or rebuild any mobile home park, whether charges are levied or not, who does not apply for and receive a special permit from the Zoning Board of Appeals as set forth in Article VIII of this bylaw. Such permit shall be in addition to all other permits and licenses required by state law.

Application for such permit shall be made in writing to the Zoning Board of Appeals, shall be in duplicate and signed by the owner, and shall contain the following:

Upon approval of an application to alter, modify, or rebuild to the Zoning Board of Appeals, the Building Inspector shall, on payment of the required fee and upon approval by the local Board of Health, as required by state law, issue a permit to execute the approved plans and specifications.

The fee for said permit shall be a minimum of $50 for each mobile home.

The park shall be located on a site graded to ensure drainage of surface and subsurface water, and sewage and freedom from stagnant pools.

A minimum of 6,000 square feet shall be provided for each mobile home lot with a minimum frontage of 50 feet. The boundaries of each lot shall be designated by permanent markers, such as stone monuments or iron pipes placed in the ground at each corner, and shall be shown on the plans. Each lot shall contain parking space for one automobile. Each lot shall be kept free from dense growth of brush or weeds. As used in this section, the term "mobile home lot" or "lot" shall mean the defined area intended for occupancy by a single mobile home.

There shall be a minimum of 15 feet of clearance between each mobile home and the lot boundary. In establishing this clearance, awnings, vestibules, or other attached building components; accessory buildings; and patios shall be considered an integral part of a mobile home.

All mobile home lots shall abut on a roadway of not less than 40 feet right-of-way width and 24 feet pavement width.

All roads within the park shall be well-drained, provided with hard surfaces, be maintained in good condition, and shall conform to accepted practices of good design as set forth in the Subdivision Regulations of the Town of North Attleborough.

No mobile home shall be located closer than 30 feet from the traveled portion of any way.

No more than one mobile home shall be located on a mobile home lot. No mobile home shall be situated closer to any property line than would otherwise be allowed by following the side- and rear-yard requirements appropriate to the zoning district in which the mobile home park is located.

In no case shall the gross density of a mobile home park exceed the gross density allowed in the district for other residential uses.

Every mobile home park shall be provided with adequate streetlighting facilities and shall be kept lighted in accordance with the timetable for the lighting and extinguishing of public streetlights.

A supply of 300 gallons of potable water per mobile home lot per day shall be provided from a source approved by the Board of Health.

The water supply system shall be connected by pipes to all buildings and all mobile home spaces. All water piping shall be designed, constructed and maintained in accordance with state and local law and sound engineering practices. The water piping system shall not be cross-connected with nonpotable or questionable water supplies, nor be subject to the hazards of backflow or back siphonage.

Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of mobile homes.

Every mobile home park shall provide a proper and acceptable sewer and sewage disposal system either by connection to the Town sewer system when available or to a septic tank or other means of treatment and disposal approved by the Board of Health. All fixtures of any kind discharging water or other liquids shall be properly trapped and connected with the sewage disposal system in such a manner as to comply fully with all regulations of the Board of Health and the State Department of Public Health.

Each mobile home lot shall be provided with an approved electrical connection.

Licensees shall furnish at least one refuse can with tight-fitting cover for each occupied mobile home lot or use any approved collection method in accordance with the State Health Sanitation Laws. Refuse shall be collected and removed regularly and in such manner that no nuisance shall be maintained. It shall be the responsibility of each licensee to maintain proper sanitary conditions with respect to waste and refuse disposal.

Full name of mobile home owner, lot number and location.

Make, model, size, serial number, year of mobile home and automobiles.

State in which registered and registration number, if any.

Date of arrival and departure of each mobile home.

The parks shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties may necessitate acquisition of the information contained in the register.

The mobile home park shall be subject to the rules and regulations of the Town of North Attleborough Fire Protection Authority within a jurisdiction. Mobile home park areas shall be kept free of all litter, rubbish, and other flammable materials.

Fire protection measures, as recommended by the Fire Protection Authority within a jurisdiction, shall be taken by the mobile park operator.

Temporary political signs shall be permitted and shall be exempt from obtaining a sign permit from the Building Inspector.

A 501(c)(3) nonprofit organization that has approval from the Town Council or the appropriate authority having jurisdiction to beautify and maintain Town-owned land will be allowed to erect one sign on each area of beautified land. The sign shall not exceed six square feet. The sign, with approval from the Town Council or the authority of jurisdiction, will include the name of the nonprofit organization and name only of the contributor that will provide the ongoing landscape maintenance. The sign will be permanently placed and maintained by the nonprofit organization on the beautified Town-owned land.

No sign shall extend above the roofline of the building to which it is attached. Roof signs are not allowed.

Any traffic or directional sign owned or installed by a government agency shall be permitted.

Temporary interior window displays or temporary banners shall be permitted except as provided in Subsection C(4) below. "Temporary" shall be construed to mean any period not exceeding 30 consecutive days. Temporary political signs shall not be more than 16 square feet in surface area.

A sign (including temporary interior window displays or banners) or its illuminator shall not by reason of its location, shape, size or color interfere with traffic or be confused with or obstruct the view of the effectiveness of any official traffic sign, traffic signal, or traffic marking. Therefore, flashing or animated signs are not permitted and red, yellow, or green colored lights shall not be permitted.

No more than two signs shall be allowed for any one business or industrial establishment in the "C" or "I" Districts.

No more than one sign shall be allowed for any one premises in the "R" Districts.

The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers, and visitors, whether in a vehicle or on foot, of any business, industry or residence.

The supporting members for any pole sign, projecting sign, or any other sign shall be in acceptable proportion to the size of the sign.

No sign shall be erected so as to obstruct any door, window or fire escape on a building.

At the boundary line of the Town and within a street right-of-way, a sign not exceeding five square feet in area, indicating the meetings of any North Attleborough civic organization, may be erected only after the granting of a special permit by the Zoning Board of Appeals.

If lighting is provided, the source of light shall be shielded as to prevent direct glare from the light source onto any public street or onto adjacent property.

In any district, one unlighted temporary sign offering premises for sale or lease for each parcel in one ownership shall be permitted, provided it shall not exceed six square feet in surface area and it shall be set back at least 10 feet from the street lot line.

In any district, one unlighted temporary sign of an architect, engineer or contractor erected during the period such person is performing work on the premises on which such sign is erected shall be permitted, provided it shall not exceed four square feet in surface area and it shall be set back at least 10 feet from the street lot line.

Mobile or portable signs shall not be considered as fixed, standing or outdoor advertising signs and will be subject to only the regulations of Subsection K of this section.

The following types of signs do not require a permit under this section but must be in conformance with all other requirements of this bylaw and any other applicable bylaws, laws, and rules and regulations:

Indemnification and insurance. All persons involved in the maintenance, installation, alteration, or relocation of projecting signs within 10 feet of or upon any public right-of-way or property shall agree to hold harmless and indemnify the Town, its officers, agents, and employees against any and all claims of negligence resulting from such work insofar as this bylaw has not specifically directed the placement of a sign.

All signs not requiring permits under this bylaw [see § 290-25C(15)].

Nonilluminated political signs, including temporary political signs.

Directional/information sign(s) per lot as required.

Temporary special events sign(s) and decoration(s) per premises for special events, grand openings, or holidays.

All signs permitted in Subsection D.

One subdivision identification sign per subdivision entrance road, not to exceed 32 square feet in sign area in each location.

One professional nameplate for each medical doctor or dental practitioner, provided such sign shall not exceed one square foot in surface area.

One identification sign for each dwelling unit, provided such sign shall not exceed one square foot in surface area; if lighted, it shall be illuminated with white light by indirect method only; and it shall not be used other than for identifying the occupancy.

One identification sign for each membership club, funeral establishment, hospital, church, other place of public assembly, community facility or public utility use, provided the sign shall not exceed 10 square feet in surface area and, if lighted, it shall be illuminated with white light by indirect method only.

One unlighted temporary sign relating to a new residential subdivision during the actual period of construction, provided it shall not exceed 32 square feet in surface area and it shall be set back at least 10 feet from any street lot line.

Except for professional nameplates and the residential nameplate, any other sign in an "R" District shall be set back at last 1/2 of the required depth of the front yard.

Signs permitted in Subsection E, subject to the same regulations, and business signs. General advertising signs shall be prohibited. Projecting signs are prohibited, except for one "icon" or symbolic sign not to exceed four square feet in surface area, and such sign shall not extend beyond the front lot line or into the public right-of-way.

One wall sign or electric awning sign not to exceed 15% of aggregate area of occupancy elevation on which the signs are installed.

Incidental signs not to exceed four square feet of sign area per occupancy.

Signs permitted in Subsection F, subject to the same regulations, and business signs. General advertising signs shall be prohibited. Projecting signs are prohibited.

One wall sign is permitted for each establishment with frontage on a public way, provided the sign is attached to and parallel with the main wall of the building facing that public way. If the primary customer entrance is located on a different wall that faces a parking area rather than the public way, one additional wall sign is permitted on that entrance-facing wall. The total surface area of each wall sign shall not exceed 5% of the area of the exterior wall to which it is attached. If illuminated, signs shall be lit internally or by indirect white light only.

One pole sign for each street frontage of each establishment, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area; no portion of it shall be set back less than 10 feet from any street lot line; it shall not be erected so that any portion of it is over 30 feet above the ground or sidewalk; and if lighted, it shall be illuminated internally or by indirect method with white light only.

One standing (or ground) sign for each lot street frontage of a business establishment in the C-30 and C-60 Business Districts, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area, on any one side; no portion of it shall be set back less than 10 feet from any street lot line; it shall not rise to more than 12 feet from the ground or sidewalk; and it shall be illuminated internally or by indirect method with white or blue light only. Where a single lot is occupied by more than one business, whether in the same structure or not, there shall not be more than one standing sign.

Wall signs permitted in Subsection G, subject to the same regulations.

One standing (or ground) sign for each establishment, provided it shall not exceed one square foot of sign area for each linear foot of property frontage not to exceed 200 square feet in surface area; it shall be set back at least 15 feet from any street lot line; it shall not be erected so that any portion of it is over 15 feet above the ground or sidewalk; and if lighted, it shall be illuminated internally or by indirect method with white light only.

No outdoor advertising sign shall be erected in an "R" or "C" District or in any residentially developed or agriculturally used area in any other district.

No outdoor advertising sign shall be erected in any "I" District:

Outdoor advertising signs shall be subject to all provisions of this bylaw.

If lighted, outdoor advertising signs shall be illuminated by indirect method with white light only.

Maximum size: 40 square feet. Such permit shall be limited to a thirty-day time of service with a sixty-day time limitation before a new permit can be issued. Signs shall be either attached to building or detached; if detached, setbacks shall be at least 10 feet from any lot line. Signs shall not obstruct the vision triangle specified in § 290-20 of this bylaw.

Temporary signs shall not be internally illuminated and shall be illuminated by indirect external light only.

No temporary sign shall be placed so as to obstruct any means of egress or rights-of-way, sidewalks, etc.

No temporary sign shall be placed such that it obstructs vision or creates traffic hazard.

Temporary signs shall not be allowed on a lot in Principal Use, Residential, as defined in Schedule B of this bylaw, except where otherwise provided.

Maximum size: 40 square feet. Such permit shall be limited to a thirty-day time of service with a sixty-day time limitation allowable before a new permit can be issued. Setbacks shall be at least 10 feet from any lot line.

Portable signs shall not be internally or externally illuminated and shall have no flashing lights or be otherwise animated.

No portable sign shall be placed so as to obstruct any means of egress or rights-of-way, sidewalks, etc.

No portable sign shall be placed such that it obstructs vision or creates traffic hazard.

Portable signs shall not be allowed on a lot in Principal Use, Residential, as defined in Schedule B of this bylaw.

Sign shall only announce that particular business being served.

Sign shall not exceed a maximum height of 44 inches and a maximum width of 28 inches with a minimum height of 28 inches.

Sign shall be located directly in front of the business being served and within the property lines.

Sign shall only be displayed during normal business hours and shall be removed and stored indoors during off hours.

Businesses shall be permitted to freely select and change messages related to that entity.

Signs shall not be displayed during times of inclement weather such as high winds or snowstorms.

Businesses having no front yard area may place an A-frame sign on public property, provided that the sign complies with the following:

A-frame sign permits shall be valid for a period of one year.

Any request for a building permit or change of use shall not be granted until a site plan for such request has been submitted to and approved by the Planning Board. Site plan review shall be required for:

There are hereby established three levels of site plan review.

Any person desiring review of a site plan under this section shall submit three full-size plan (minimum of 24 inches by 36 inches) copies and seven 11 inches by 17 inches reduced copies of the plan at a scale not to exceed one inch equals 40 feet, along with a detailed project narrative describing the existing and proposed conditions, three copies of a stormwater management report and traffic impact analysis, if applicable, and two copies of the Form O application directly to the Planning Board after receiving a dated receipt for the filing of the plans with the Town Clerk within the same day.

The Planning Board may request the assistance of outside consultants during its review of a site plan or a major site plan special permit consistent with the peer review procedures and guidelines under the provisions of MGL c. 44, § 53G. At the time of the filing of an application for site plan review, the Planning Board shall determine if an outside consultant(s) is to be retained and, if required, will establish the review fee to be submitted by the applicant to the Town for this purpose.

As part of the submission of a minor site plan for review, the applicant shall prepare a project summary that accurately describes the nature, scale, and the general physical and operational relationship of the proposed project to the surrounding area, along with additional information the applicant may deem pertinent. A conceptual design or layout shall accompany the project description. The plans need not be prepared by a registered professional but shall be drawn to an appropriate scale and include any applicable items in § 290-26C(1). As part of the project description, the applicant may request waivers from the submission of any of the required items that they believe are not applicable to the proposed activity. However, the Planning Board reserves the right after review of a minor site plan to determine, based on conditions specific to the site, that the plan be processed as a site plan for the purposes of providing additional information, including the preparation of the plan by an appropriately registered professional.

Site plans and major site plan special permit plans submitted to the Planning Board shall be prepared by a professional civil engineer, professional land surveyor and landscape architect, as applicable, registered in the Commonwealth of Massachusetts and provide, at a minimum, the following information in the plan set:

Waivers of the applicable requirements may be requested for all three levels of this section. All waiver requests must be on the cover sheet of the plans and in the accompanying narrative as required in § 290-26C(1).

Stormwater management and erosion control. All site plans and major site plan special permit plans submitted for approval shall conform to the provisions of the most current Stormwater Management Regulations as promulgated by the Massachusetts Department of Environmental Protection and, as applicable, to the National Pollution Discharge Elimination System (NPDES) requirements for construction sites. Furthermore, the stormwater management system shall be prepared by a professional civil engineer registered in the Commonwealth of Massachusetts and be designed to:

Traffic impact assessment.

Parking requirements. Refer to § 290-19 of this Zoning Bylaw for off-street parking and loading requirements. Plans that employ LID techniques may reduce parking space dimensions to nine feet by 18 feet and the number of parking spaces reduced as determined by the Planning Board as part of site plan review.

Lighting. A photometric lighting plan showing the location, height, direction, and intensity of existing and proposed external light fixtures shall be submitted with all applications for site plan review. The plan shall show the intensity of illumination at ground level, expressed in footcandles and the means employed to prevent glare, the trespass of light onto adjoining properties or streets and diminish the illumination of the night sky.

Landscaping. A landscape design shall be provided for all site plans submitted for review. The plans may be prepared by a landscape designer or landscape contractor. However, for Levels 2 and 3 (special permits), the design shall be prepared by a registered landscape architect. Landscaping of site plans shall be provided as a minimum in accordance with § 290-31I, whether or not the proposed project is a planned business development. Additional landscaping is encouraged to enhance development of the site commensurate with the intensity of the proposed use.

Protection of adjoining premises against encroachment of conflicting land uses.

Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, property, or improvements.

Method of disposal for sewage, refuse, and other wastes resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water, including consideration of groundwater recharge.

Adequacy of space and location for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment.

Adequacy of lighting such that all lighting and other sources of illumination, whether interior or exterior, and all intense lights emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties and roadways.

Adequate provision of rights-of-way for future access to undeveloped property.

Adequate provision of screening from adjacent properties for any open air use deemed objectionable.

Preservation of natural growth and topographic features, as appropriate.

Ensure that a minimum ten-foot vegetated buffer strip is provided along roadway frontages on nonresidential plans and a thirty-five-foot vegetated buffer is provided between residential and nonresidential properties unless waived by the Planning Board due to spatial constraints.

Compliance with the applicable requirements for land development contained elsewhere in this Zoning Bylaw.

The Planning Board shall act on submitted site plan applications within 45 days after the plan is filed with the Town Clerk unless a special permit is required from the Planning Board or when a Zoning Board of Appeals determination is required.

The Planning Board shall within 45 days after the plan is filed with the Town Clerk review and recommend approval, approval with conditions or denial of a site plan which requires Zoning Board of Appeals determination.

When a project requires site plan review and a special permit from the Planning Board as the special permit granting authority, both reviews shall be conducted simultaneously in order to expedite the review process. The Planning Board shall take final action relative to both the review of the site plan and the special permit application within the time frame established for action on a special permit as provided for in MGL c. 40A, the Zoning Act.

When reviewing a site plan, the Planning Board may waive any submission requirement, development or drainage standard, or design guideline it determines to be unnecessary or not applicable to the review of the project, provided that the Board determines that the project will not have a significant impact on the site, its relationship with abutting properties, traffic impacts to public ways, public infrastructure or services, environmental or historic resources. Waiver request shall be made by the applicant, in writing, with stated reasons for requesting the waiver(s). Any waivers acted on by the Planning Board shall be in writing as part of the decision on the site plan filed with the Town Clerk.

Failure of the Planning Board to act on the site plan within the established time frame shall be deemed approval. However, the applicant may request an extension of the time period for the purpose of revising a site plan or to provide additional information. For Level 3 special permits, the hearing shall be opened within 65 days of the submission of the application to the Town Clerk and the decision shall be filed within 90 days of the closing of the public hearing.

Action on the review, approval or denial of a site plan for projects allowed as of right may be appealed to a court of competent jurisdiction. Site plan actions as part of a special permit may be appealed as provided for in MGL c. 40A, the Zoning Act, within 20 days of the decision being submitted to the Town Clerk.

It shall be unlawful for any owner or person to alter or deviate from the conditions that are shown on an approved site plan without submitting a revised site plan and application to the Planning Board in accordance with the requirements of § 290-26. Furthermore, the Planning Board shall have the power to modify or amend its approval of an approved site plan on application of the person owning or leasing the premises in the event of changes in physical conditions sufficient to justify such action within the intent of this section. All of the provisions of this section applicable to approval shall, where appropriate, be applicable to a modification or amendment.

Applications receiving site plan approval shall within 30 days provide six full-size copies of the approved plan for distribution by the Planning Department to the various Town departments.

A site plan that has been approved shall obtain a building permit within one year thereof, or the site plan approval shall be rendered null and void. An applicant receiving approval for a site plan for which a special permit has also been issued shall obtain a building permit within two years of said site plan approval, or the site plan approval shall be rendered null and void.

Prior to the issuance of a certificate of occupancy, an as-built plan prepared by a professional land surveyor registered in the Commonwealth of Massachusetts shall be submitted to the Planning Board for the administrative record along with a certification by a professional civil engineer registered in the Commonwealth of Massachusetts that the site plan and stormwater management system have been constructed in substantial compliance with the approved plan. Any substantial deviation from the approved plan shall be noted, along with the reason for the change.

The Planning Board shall adopt, and from time to time amend, reasonable regulations and filing fees to supplement the administration of site plan review. Doing so, the applicant is required to pay the standard application fee in accordance with the fee schedule; the applicant is also responsible for the sliding scale for any new square footage.

Primary uses may include the following:

The following restrictions shall apply to primary uses:

Permitted open space uses may include the following:

To ensure the continued provision of open space, the location of all designated open spaces shall be shown on the site plan, and as a condition of the special permit, the several separate parcels shall be subject to deed restrictions for continued open space and depending on the development scheme of the approved development plan shall be owned in one or a combination of the following ways:

The following density schedule shall apply to open space residential developments:

The total number of proposed dwelling units in the open space residential development shall not exceed the number of dwelling units which could be developed under a normal application of the zoning for the district in which the development is located if the development were to be laid out as a conventional subdivision. For purposes of this section, it shall be assumed that a maximum of 80% of the total tract area, excluding area subject to protection under the Wetlands Protection Act, could be utilized to meet lot area requirements under normal application of this bylaw.

At least 30% of the total tract area (of which at least 50% shall not be area protected under the Wetlands Protection Act or slopes in excess of 25%) shall be set aside as open space in a natural state.

Dimensional requirements within a open space residential development shall comply with Intensity Schedule A of this bylaw for minimum yard setbacks of the open space development from neighboring lot lines, and for maximum height and number of stories.

Within the open space residential development, the minimum distance between the walls of principal buildings which contain windows shall be twice the minimum yard or side setback required in the district under a normal application of this bylaw.

Single-family detached dwellings may be situated on separate building areas which comply in area with the minimum clustered building area, provided that the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

Two-family dwellings may be situated on separate building areas with a shared side property line and a common building wall between the units, provided the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

Multifamily dwellings may be situated on separate building areas for each unit, provided the distance between the buildings is not less than twice the minimum yard or side setback required within Intensity Schedule A.

The special permit granting authority may, as a condition of the permit, require screening and buffers between the open space residential development and adjoining properties, if natural screening is not available.

The buffer strip shall be of a width deemed necessary to assure protection of neighboring properties, and it may consist of either natural plantings or fencing.

Preapplication review. Applicants may submit a preapplication, together with drawings, plans, and other material, for informal review by the SPGA and such other official boards deemed appropriate by the SPGA, as specified in the regulations of the Planning Board acting as the SPGA under this section. Such a preapplication shall not constitute an application under this section.

Application.

Bonding or other security.

Open space residential developments shall be served by both public water and sewerage systems, except that an open space development in the R-40 District for single-family dwellings only need not be served by the public sewerage system as long as the clustered building area per dwelling is 20,000 square feet or greater.

Open space residential development plans shall be submitted to other Town boards with the appropriate jurisdictions, including wetlands and public health, for approvals as required by state and local laws.

No portion of an approved open space residential development shall be further subdivided or rezoned, and no portion of an open space residential development may be further subdivided or rezoned after the SPGA has approved the plan and recorded its decision with the Town Clerk.

If and when a homeowners' association (HOA) is established for the control of the property in an open space residential development, the HOA documentation shall be reviewed by the Planning Board prior to recording at the Registry of Deeds. The Town of North Attleborough shall have no responsibilities pertaining to the internal affairs of any HOA which may be established.

A special permit granted under this section shall lapse within a two-year period if construction has not commenced within this time period.

Access to all building areas within an open space residential development shall be provided by a common road(s) or way(s) within the open space residential development serving only the said building areas; and no building area(s) shall have access to an existing public way other than by the common road(s) or way(s) within the open space residential development. This restriction on access to building areas within an open space residential development shall not apply to open space areas within said open space residential development.

In addition to the requirements of § 290-26 of Article VI of this bylaw, in reviewing a site plan for an integrated retail development, the Planning Board shall consider the proximity of access to a major interstate highway, and may (i) prohibit entrances and exits onto streets which are residential in nature; and (ii) impose screening and buffers in lieu of or in addition to the requirements of § 290-13F of Article IV of this bylaw, a minimum of 50 feet, or as the Planning Board shall deem appropriate to protect adjacent residential lands. The Planning Board shall also include as a condition of its site plan approval the performance of any written commitments made by the developers of the integrated retail development to the Planning Board, the Town Council or the Finance Committee intended to reduce or limit the impacts, financial or otherwise, of the integrated retail development on the Town. Such condition shall be based on the written information furnished to the Planning Board by the Town Council and the Finance Committee. Such condition shall be binding on the applicant for such site plan approval and the applicant's successors in title and shall be recorded with the Bristol County Registry of Deeds before any building permit is issued for the integrated retail development. Once approved, no site plan may be modified without the approval of the Planning Board; however, the site plan for an integrated retail development may be submitted showing a permitted building area in which buildings are to be located rather than with the locations of the buildings finally established. Provided the boundaries of such permitted building area are approved by the Planning Board, once the site plan is approved, no separate approval of the Planning Board will be required for the actual location of a building or buildings within such permitted building area.

In connection with approval of a site plan for an integrated retail development, the Planning Board shall require the applicant to fund a clerk of the works to assist the Building Inspector in overseeing construction of the integrated retail development.

Personal services customarily found in retail shopping centers; and

An automobile service center that does not offer gasoline for sale and that is attached to a department store building located within the integrated retail development; and

Theatrical exhibitions, public shows, public amusements, events and exhibitions (excluding carnivals and circuses) on off-street parking areas from January 1 through October 31 but only pursuant to § 290-29K.

Prior to the conduct of any theatrical exhibitions, public shows, public amusements, events and exhibitions in an integrated retail development pursuant to § 290-29F(3), the owner or operator of the integrated retail development shall apply to the Planning Board for the approval of a proposed exhibit area or areas within which such theatrical exhibitions, public shows, public amusements, events and exhibitions may be held. Such approval process shall not require any modifications to any site plan or other permits under which an existing integrated retail development is operating; however, the Planning Board may require such owner or operator to submit a reasonable site plan showing any proposed additions or modifications to any off-street parking areas on which an exhibit area or areas are proposed to be established. The Planning Board, when evaluating an application for approval of an exhibit area or areas, may consider unreasonable effects on pedestrian and vehicular traffic and may impose reasonable conditions with respect to traffic and pedestrian safety; provided that the Planning Board shall not impose any restrictions or conditions with respect to the type, time, date and duration of any event to occur on an exhibit area or areas. The Town Council shall have the authority to impose restrictions and conditions with respect to the type, time, date and duration of any event that may occur on an exhibit area or areas approved hereunder as part of procedure set forth in § 290-29K(2) of this bylaw. The Planning Board shall act on an application to establish an exhibit area or areas within an integrated retail development within 35 days after the application and site plan is filed with the Town Clerk. Failure of the Planning Board to act on said application within said thirty-five-day period shall be deemed approval. After the initial approval of an exhibit area or areas by the Planning Board pursuant to this subsection, no additional approval by the Planning Board shall be required for the conduct of any such theatrical exhibitions, public shows, public amusements, events and exhibitions in an integrated retail development pursuant to § 290-29F(3).

An owner or operator of an integrated retail development shall not conduct any theatrical exhibitions, public shows, public amusements, events and exhibitions pursuant to § 290-29F(3) on an exhibit area or areas approved by the Planning Board pursuant to Subsection K(1) above until it has received a license for each such theatrical exhibition, public show, public amusement, event and exhibition from the Town Council pursuant to MGL c. 140, § 181, or any other applicable state law or municipal bylaw. Prior to issuing any such license, the Town Council shall request comments from the Town Planner and Chairman of the Planning Board, Chief of Police, Fire Chief and any other municipal boards or officials the Town Council deems appropriate.

Physical conditions.

Surface water and erosion content.

Subsurface water and soil conditions.

Human environment.

Service impact.

Fiscal impact.

To avoid and to lessen traffic congestion and to promote traffic safety on state and local highways and roads by the coordination of adjacent land uses and traffic patterns within the commercial districts.

To promote and attract visually pleasing commercial development which will expand the commercial tax base of the Town.

To encourage commercial development in clusters and nodes rather than in highway strips, thereby discouraging unlimited commercial strip development and excessive numbers of curb cuts along highways.

Curb cuts.

One curb cut opening (driveway) per planned business development shall be permitted as a matter of right. Where deemed necessary by the special permit granting authority, two curb cut openings (driveways) may be permitted as part of the special permit approval process, which shall be clearly marked "entrance" and/or "exit."

Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 25 feet in width measured at the beginning of the driveway after the radii are parallel to each other.

All driveways shall be designed to afford motorists exiting to highways with safe sight distance.

The proposed development shall assure safe interior circulation.

In each case, a traffic impact statement shall be prepared by a professional engineer who specializes in traffic engineering. The traffic impact statement shall contain:

Access to state highways shall be subject to review and approval by the Massachusetts Department of Transportation as required.

Sidewalks, walkways, or other safe passageways shall be provided to provide access to adjacent properties and between individual businesses within a development.

Other requirements of § 290-19 of this Zoning Bylaw shall be adhered to.

A landscaping plan for the entire PBD site shall be prepared by a registered professional landscape architect and shall be submitted as a part of the site plan which is submitted under this section for the site plan which is submitted along with the special permit application under this § 290-31.

A landscaped buffer strip at least 10 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium-height shrubs, and shade trees (minimum two-inch caliper, planted at least every 50 feet along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard, in compliance with § 290-20 of this Zoning Bylaw.

Large parking areas shall be divided with forty-foot by ten-foot landscaped islands, so that no paved parking surface shall extend more than 200 feet. At least one tree (minimum two inches caliper) per 40 parking spaces shall be provided.

Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.

All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one growing season.

The rate of surface water runoff from a site shall not be increased after construction. If needed to meet this requirement and to maximize groundwater recharge, increased runoff from impervious surfaces shall be recharged on-site by being diverted to vegetated surfaces for infiltration or through the use of detention and/or retention ponds. Dry wells shall be used only where other methods are infeasible and shall require oil, grease, and sediment traps to facilitate removal of contaminants.

Neighboring properties shall not be adversely affected by flooding from excessive runoff.

Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within six months of occupancy of a structure.

During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff water shall be trapped by using staked hay bales or sedimentation traps.

Permanent erosion control and vegetative measures shall be in accordance with the erosion/sedimentation/vegetative practices recommended by the Natural Resources Conservation Service.

All slopes exceeding 25% resulting from site grading shall be either covered with four inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be stabilized by a retaining wall.

Dust control shall be used during grading operations if the grading is to occur within 200 feet of an occupied residence or place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.

Each application for a special permit shall be filed with the Town Clerk, and two copies shall be filed forthwith by the petitioner with the special permit granting authority and shall be accompanied by six copies of all accessory documentation, including site plans and the development impact statement required by § 290-30 of this Zoning Bylaw, if applicable. Such special permit shall be granted if the SPGA determines that the intent of this bylaw as well as the specific criteria required by this section are met.

The SPGA shall hold a public hearing on each application within 65 days of its receipt from the Town Clerk in conformance with MGL c. 40A, § 9. Notice of public hearing shall be given by publication, posting, and first-class mailing to "parties in interest" as defined in MGL c. 40A, § 11. The SPGA shall act upon each application within 90 days of the public hearing or of any continuance thereof. Failure of the SPGA to take final action upon such application within the ninety-day period shall be deemed to be a grant of the special permit applied for.

The SPGA shall adopt rules and regulations under this section which shall specify the requirements for plan submission and content and administration of special permits granted under this § 290-31.

Before issuing a special permit, the SPGA shall find that the proposed use is in harmony with the purpose and intent of this Zoning Bylaw, including the criteria established in § 290-48H of this Zoning Bylaw, and any additional criteria required by this § 290-31.

In considering a site plan under this section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

The site plan submitted to the SPGA shall be prepared by a professional registered civil engineer. It shall show, among other things as may be required by the Board in the proper administration of this section, name of applicant and lot owner, Assessor's plat and lot number, book and page number as recorded in Bristol County Registry of Deeds; dimensions of the lot and building distances from each lot line; scale of plan and zoning district use; locus plan of the area showing the specific site at a scale of one inch equals 2,000 feet; location of existing and proposed structures, including dimensions, total area, number of stories, and ground elevation at building corners; dimensions of parking spaces, loading areas, driveway openings, driveways, service areas and other open uses; delineating of a vegetative clearance line; landscape design of the lot, including dimensions of sidewalks, fences, walls and planting areas; all facilities for water, sewage, refuse, and other waste disposal, and for drainage plans, including, but not limited to, catch basins, pipes, paved waterways, dry wells, riprap, retention and detention storage areas; all existing and proposed topographic contours at two-foot intervals; all wetlands, floodplains, waterways and rock outcroppings; location and dimension of any easements; all curbs, granite bounds, and pertinent roadway data, including but not limited to the following: length, bearing, radii, tangent distances, and central angles to determine the exact location, direction, and length of every street and way line, lot line, and boundary line, and to establish these lines on the ground; location of signs; percentage calculations of total land area comprising maximum lot coverage (derived by adding the maximum tract area expressed in square feet minus the total building gross floor area expressed in square feet) and minimum open space (derived by adding the maximum tract area expressed in square feet minus the total building gross floor area and total paved area for parking purposes expressed square feet); proposed location(s) of accessory storage, if any; and names and location of all existing abutters, indicating limits of contiguous boundaries and those owners of land separated from the site by a street.

The SPGA may require the posting of a bond or other negotiable security prior to the issuance of any permits or licenses, as a condition of the special permit, to assure compliance with the site plan and conditions of approval of the special permit under this § 290-31.

Any special permit with site plan approval issued under this section shall lapse within two years if a substantial use thereof has not commenced sooner except for good cause.

The SPGA may periodically amend or add rules and regulations relating to the procedures and administration of this § 290-31.

No portion of the exterior walls of any building or structure within which any adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be conducted or of any parking or loading area for the use of said building or structure shall be within 500 feet of any residential zoning district or within 500 feet of the nearest property line of any residential use, public or private school, church or other religious facility, or public park or recreation area at the time of the special permit application. The distance specified above shall be measured by a straight line from the nearest property line of the premises on which the adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be located to the nearest boundary line of a residential zoning district, or to the nearest property line of any residential use, public or private school, church or other religious facility, or public park or recreational area, as the case may be.

No portion of the exterior walls of any building or structure within which such adult use is to be conducted or of any parking or loading area for the use of said building shall be within 1,000 feet of any other adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw or from any establishment licensed under the provisions of MGL c. 138, § 12, at the time of the special permit application. The distance specified above shall be measured by a straight line from the nearest property line of the premises on which the adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw is to be located to the nearest boundary line of any other adult use or any establishment licensed under the provisions of MGL c. 138, § 12, as the case may be.

No adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw may be allowed within a building containing other retail, consumer or residential uses, or within a shopping center, shopping plaza, or mall.

The Zoning Board of Appeals established in § 290-48 of this bylaw may grant a special permit authorizing the establishment of an adult bookstore, adult cabaret, adult motion-picture theater, adult paraphernalia store, or adult video store as defined in this bylaw subject to the provisions of this section.[1]

To promote the development of housing for persons 55 and over;

To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

To protect the natural environment, including the Town's varied landscapes and water resources;

To promote more sensitive siting of buildings and better overall site planning;

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

To offer an alternative to standard subdivision development.

Primary uses may include the following:

The following restrictions shall apply to primary uses:

Permitted open space uses may include the following:

To ensure the continued provision of open space, the location of all designated open spaces shall be shown on the site plan, and as a condition of the special permit, the several separate parcels shall be subject to deed restrictions for continued open space and depending on the development scheme of the approved development plan shall be owned in one or a combination of the following ways:

Basic maximum number of dwelling units. The basic maximum number of dwelling units allowed in an ARC shall not exceed the following standards:

A minimum of 40% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

Fifty percent or more of the site has been set aside as contiguous open space within an upland area; or

One dwelling unit has been set aside as affordable to persons or families qualifying as low income or two dwelling units have been set aside as affordable to persons or families qualifying as moderate income.

Modification of dimensional requirements. The SPGA encourages applicants for ARC to modify lot size, shape, and other dimensional requirements for lots within an ARC, subject to the following limitations:

Design process. Each development plan shall follow the design process outlined below. When the development plan is submitted, the applicant shall be prepared to demonstrate to the SPGA that this design process was considered in determining the layout of proposed streets, house lots, and contiguous open space.

Drainage. Stormwater management shall be consistent with the requirements for subdivisions set forth in the Planning Board's Rules and Regulations Governing Subdivision of Land, as amended, and all state and federal requirements.

Buffers and screening. A buffer area of 50 feet shall be provided at the perimeter of the property where it abuts residentially zoned districts, except for driveways or streets necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. Buffer areas shall be continually maintained by the owners. The SPGA may waive the buffer requirement:

Application.

Bonding or other security.

Adult retirement communities shall be served by both public water and sewerage systems.

Adult retirement community plans shall be submitted to other Town boards with the appropriate jurisdictions, including wetlands and public health, for approvals as required by state and local laws.

No portion of an approved adult retirement community shall be further subdivided or rezoned, and no portion of a adult retirement community may be further subdivided or rezoned after the SPGA has approved the plan and recorded its decision with the Town Clerk.

If and when a homeowners' association (HOA) is established for the control of the property in an adult retirement community, the HOA documentation shall be reviewed by the SPGA prior to recording at the Registry of Deeds. The Town of North Attleborough shall have no responsibilities pertaining to the internal affairs of any HOA which may be established.

A special permit granted under this section shall lapse within a two-year period if construction has not commenced within this time period.

The principal street(s) serving the site shall be designed to conform to the Planning Board's Rules and Regulations Governing Subdivision of Land, as amended, where the roadway is or may be ultimately intended for dedication and acceptance by the Town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners, or by the applicant until such time as the unit owners assume ownership of the private streets.

Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of and within garages may count in this computation. One off-street visitor parking space shall be provided for every five dwelling units.

Social, economic, or community needs which are served by the proposal;

Traffic flow and safety, including parking and loading;

Adequacy of utilities and other public services;

Neighborhood character;

Impacts on the natural environment; and

Potential fiscal impact; including impact on Town services, tax base, and employment.

Allow state-licensed marijuana establishments and medical marijuana treatment centers to exist in Town in appropriate locations in accordance with applicable state laws and regulations regarding medical use marijuana in accordance with 935 CMR 501.000 and MGL c. 94I and adult use marijuana in accordance with 935 CMR 500.00 and MGL c. 94G; and to

Provide safe and effective access to medical use marijuana and adult use marijuana; and to

Impose reasonable safeguards to govern the place and manner of marijuana establishments and medical marijuana treatment centers to ensure public health, safety, well-being, and mitigate against undue impacts on the natural and built environment of the Town and its residents and visitors; and to

Explicitly prohibit the use of marijuana products for on-site social consumption as defined by the MGL c. 94G.

A buffer area of 300 feet shall be provided measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed marijuana establishment or medical marijuana treatment center. The 300-foot buffer shall apply to houses of worship, public and private K-12 schools, and to licensed day-care facilities.

When the proposed marijuana establishment or medical marijuana treatment center is near athletic fields or play structures, a 350-foot buffer shall be measured from the edge of the athletic field or the nearest play structure.

The applicant shall demonstrate compliance with buffer requirements under this regulation by provision of maps and by an inventory of tenants and owners within the buffer, or by any other means the Planning Board may require as part of the application submittal.

No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance or landscaping approved by the Planning Board or its agent.

Any request for a building permit or change of use not permitted by right on Schedule B (uses permitted by right are indicated by a "P" in Schedule B) shall not be granted until an application for a special permit has been submitted to and approved by the Planning Board.

Site plan review may be required by the Planning Board as part of the Special permit in accordance with § 290-26 of this bylaw.

For each application for a marijuana special permit, the following shall be submitted to the Town Clerk:

Letter from the North Attleborough Police Department. The applicant shall submit a security plan to the North Attleborough Police Department to demonstrate that there is limited undue burden on the Town public safety officials as a result of the proposed marijuana establishment or medical marijuana treatment center. The security plan shall include all security measures for the site and transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises from theft or other criminal activity. A letter from the North Attleborough police to the Planning Board acknowledging receipt and its comments pertaining to such a security plan shall be submitted as part of the application.

If a site plan review is required per § 290-26B, then it is recommended that the site plan review application and the marijuana use license and permit application are filed at the same time.

The applicant shall submit proof that the application to the Cannabis Control Commission has been deemed complete pursuant to 935 CMR 500.102. Copies of the complete application, redacted as necessary, shall be provided as part of the application to the SPGA, and no special permit application shall be deemed complete until this information is provided. No special permit shall be granted by the SPGA without the marijuana establishment first having been issued a provisional license from the Commission pursuant to 935 CMR 500.00.

The Planning Board may require additional information and may adopt reasonable rules and regulations under this section which shall supplement and specify further requirements for application submission and content and administration of special permits granted under this section. When reviewing a special permit, the Planning Board may also waive any submission requirement or design guideline it determines to be unnecessary or not applicable to the review of the project, provided that the Planning Board determines that the project will not have a significant impact on the site, its relationship with abutting properties, traffic impacts to public ways, public infrastructure or services, environmental or historic resources. Waiver request shall be made by the applicant, in writing, with stated reasons for requesting the waiver(s). Any waivers acted on by the Planning Board shall be in writing as part of its written decision.

The Planning Board may consult with or engage the services of any Town staff, including but not limited to the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief, North Attleborough Electric Department, or a professional consultant. The expenses of any such professional shall be paid by the applicant.

In order to grant a special permit, the Planning Board shall make a finding that the proposed use is in harmony with the purpose and intent of this Zoning Bylaw and may impose conditions will not adversely affect direct abutters to ensure adequate mitigation of potential impacts on abutting landowners.

Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana establishment or medical marijuana treatment center is located. No outside storage is permitted.

All types of marijuana establishments and medical marijuana treatment centers relative to the cultivation, processing, testing, product manufacturing, retail, or any other type of state-licensed marijuana related business must take place within a fully enclosed building.

All business signage shall be subject to the requirements to be promulgated by the Massachusetts Cannabis Control Commission, the Massachusetts Department of Public Health, or such other state licensing authority, as the case may be, and the requirements of § 290-25, Signs, of this bylaw with the exception that no temporary, portable, or A-frame signs are permitted.

No marijuana establishment or medical marijuana treatment center shall be managed by any person other than the licensee or their assign. Such licensee or assign shall be on the premises during regular hours of operation and shall be responsible for all activities within the licensed business and shall provide emergency contact information for the North Attleborough Police Department to retain on file.

Marijuana establishments and medical marijuana treatment centers shall employ odor-control technology such that no odor from marijuana cultivation or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment or medical marijuana treatment center or at any adjoining use or property.

Any special permit granted hereunder shall lapse after one year, excluding such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause as determined by the Building Inspector or, in the case of a permit for construction, if construction has not begun by such date except for good cause.

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership and use of the premises as a marijuana establishment or medical marijuana treatment center. A special permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special permit.

To govern the use of land within the R-20 and R-40 Residential Districts into not more than five demise parcels;

To allow low-density residential development as an alternative to conventional subdivision;

To promote land conservation and preserve the rural character of the Town;

To eliminate Town costs and maintenance responsibility for roadways, lighting and future repairs.

A group of not more than five and not less than two demise parcels for development of single-family homes sharing common frontage and a private access drive/common drive may be allowed by SPGA in the R-20 and R-40 Residential Districts. The total number of demise parcels shall not be more than the number of lots allowed in a conventional subdivision of the land, but in no case greater than five demise parcels off of a single private access drive.

An environmentally friendly open space design may be permitted on a single tract of land under single ownership, or on several contiguous lots under multiple ownerships which must be combined into one single ownership at the time of submission of a building permit application, having a minimum frontage of 40 feet on an existing public way and a minimum lot area of six acres.

The SPGA reserves the right to waive/reduce the following standards in exchange for the required reduction in density within the EFOSD: underground utilities; pavement widths; turnaround and driveway center line radii and construction; berms; and drainage.

The Planning Board shall consider recommendations from the Board of Health, Conservation Commission, Department of Public Works, Electric Department, Police Chief, Fire Chief, the Highway Superintendent, and peer review engineer in its decisionmaking process.

Each EFOSD shall include two fire hydrants, including but not limited to a dry hydrant, fire cistern, or a fire hydrant, where the development is serviced by municipal water, pursuant to the Water Department requirements. Where no municipal water service is available, a dry hydrant or similar system should be investigated. A fire hydrant and supporting appurtenances, including but not limited to the water main, shall be owned and maintained by the Town within a utility easement.

Municipal gravity sewer service (if connection within 900 feet of the common driveway entrance is available) shall be provided in accordance with Sewer Department requirements.

Electric service shall be provided below ground in accordance with NAED requirements.

Natural gas service (if available) shall be installed in accordance with utility provider requirements.

All utilities, including hydrant and supporting appurtenances, water main, and any sewer, electric, or gas line appurtenances, shall be owned and maintained by the Town or service providers within a utility easement a minimum 30 feet in width. Greater width may be required based on utility separation requirements or the needs of the utility provider.

Minimum dimensions. No primary dwelling shall be closer than 60 feet to any other primary dwelling or public way and 50 feet to any exterior perimeter lot boundary line. Exclusive use area must be no more than 20,000 square feet per proposed demise parcel.

Access.

Design standards. Applicants must consider environmentally sensitive site design and low-impact development techniques to manage stormwater. Incorporating a design that uses the land to filter and recharge the water back into the ground and also reduces the amount of paved areas is critical in creating sustainable development. Documentation used to create a trust or association of the owners of the dwelling units to own and maintain the private access drive/common drive is required. A restrictive covenant absolving the Town from present or future maintenance responsibilities for the private way, excluding any municipal water main(s), sewer, electric, or gas line(s) and supporting appurtenances which shall be owned and maintained by the Town or utility service provider within a utility easement, is required.

Open space.

A preapplication preliminary/concept plan review and hearing with the Planning Board is required for EFOSD special permit applications. Representatives from other municipal departments, including Conservation, Public Works, Health, Electric, Fire and Police, are requested to attend.

Before acting on a special permit application, the special permit granting authority shall conduct a public hearing in accordance with the provisions of this bylaw.

The applicant shall be required to submit a conventional preliminary subdivision-type plan depicting lot layout, total length of street layout to nearest existing throughway, including culs-de-sac, and approximate delineation of any natural resources, if applicable.

Documentation which shall be used to create and provide for ownership of open space.

A copy of a restrictive covenant(s) which shall prohibit further development and absolve the Town from present or future maintenance responsibilities for the private way, excluding any municipal water main(s), sewer, electric, or gas line(s) and supporting appurtenances which shall be owned and maintained by the Town or utility service provider within a utility easement, is required.

The burden of proof shall be upon the applicant in determining the allowable number of parcels. The SPGA reserves the right to challenge the status of any parcel.

The SPGA may impose reasonable conditions, and/or safeguards that further the purpose of § 290-35.

The SPGA may grant a special permit under § 290-35 only if it finds that:

The special permit decision shall include statements that:

Recording of the certificate of approval, conditions and master site plan at the Bristol County Registry of Deeds that authorizes the construction of a way for an EFOSD shall be considered substantial use of the special permit granted under § 290-35. The SPGA has the discretion to regulate the time to complete the common access drive(s) through the required covenant or by bonding.

Bonding requirements shall be pursuant to Section 4.9, Performance, in the North Attleborough Subdivision Rules and Regulations, or as determined by the SPGA.

The restrictive covenant regarding the private access drive/common drive shall be recorded at the Bristol County Registry of Deeds.

Copies of all recorded instruments must be filed with the Planning Board prior to the issuance of any building permit. No certificate of occupancy shall be issued by the Building Inspector until the SPGA has certified that the site has been constructed in accordance with the approved plan and that the required documentation is in place for the private way to be maintained as a private way.

Issuance of a special permit under this section does not preclude any additional required permitting from any Town department/board/committee.

Name of applicant and lot owner.

Assessor's plat and lot number.

Book and page number as recorded in Bristol County Registry of Deeds.

Dimensions of the lot and building distances from each lot line.

Scale of plan and zoning district.

Locus plan of the area, showing the specific site at a scale of one inch equals 2,000 feet.

Location of existing structures.

Dimensions of driveway openings, driveways and other open uses.

Delineation of a vegetative clearance line.

All facilities for water, sewage, refuse, and other waste disposal, and for drainage. plans, including, but not limited to: catch basins, pipes, waterways, dry wells, riprap, retention and detention storage areas.

All existing and proposed topographic contours at one-foot intervals.

All wetlands, floodplains, waterways and rock outcroppings.

Location and dimension of any easements.

All concrete, granite bounds, iron pins or drill hole in a large rock base stone which are required at the exterior lot corners.

Pertinent driveway data, including but not limited to the following: length, bearing, radii, tangent distances, and central angles to determine the exact location, direction, and length of every common driveway line, lot line, and parcel lines; and to establish these lines on the ground.

Percentage calculations of open space required in the applicable underlying zone and as provided under this bylaw.

Names and location of all existing abutters, indicating limits of contiguous boundaries and those owners of land separated from the site by a Town street and/or state road.

Increase housing production to address local and regional housing needs across all income levels and at all stages of life.

Develop small-scale infill housing that fits in context of zoning districts that allow single-family housing while providing gentle/hidden density.

Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people with disabilities.

Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties.

General provisions for ADUs.

Protected use ADUs. The Building Commissioner shall approve a Building Permit authorizing Protected Use ADU installation and use within, or on a Lot with, a Principal Dwelling in a Single-Family Residential Zoning District, including within, or on a Lot with, a Pre-Existing Nonconforming Structure, if the following conditions are met:

Nonconformance:

Specific prohibitions and waivers: The following are prohibited unless a waiver is granted by the Zoning Board of Appeals after an application and public hearing:

The Building Commissioner shall administer and enforce the provisions of this § 290-35.1.

Application requirements for ADUs. A building permit application for an ADU shall include a site plan, prepared by a Massachusetts Licensed Land Surveyor. The site plan shall be at a sufficient scale and shall clearly depict the following:

No building shall be changed in use or configuration without a Building Permit from the Building Commissioner.

No building shall be occupied until a certificate of occupancy is issued by the Building Commissioner, where required.