Northampton City Zoning Code
SECTION 20
Sustainable Growth Overlay District SG
§ 350-20.1 Purpose.
It is the purpose of this § 350-20 to establish Sustainable Growth Overlay Districts (SG) and to encourage smart growth in accordance with the purposes of MGL c. 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options. Other objectives of this § 350-20 are to:
A.
Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
B.
Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;
C.
Increase the production of a range of housing units to meet existing and anticipated housing needs;
D.
Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;
E.
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;
F.
Establish development standards to allow context-sensitive design and creative site planning; and
G.
Enable the City to receive zoning incentive payments and/or density bonus payments in accordance with MGL c. 40R, 760 CMR 59.06, and MGL c. 40S, arising from the development of housing in the SG District.
§ 350-20.2 Definitions.
For purposes of this § 350-20, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this § 350-20.2, or as set forth in the rules and regulations of the Permit Approval Authority ("regulations"). To the extent that there is any conflict between the definitions set forth is this § 350-20.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
AFFORDABLE HOMEOWNERSHIP UNIT
An Affordable Housing unit required to be sold to an Eligible Household.
AFFORDABLE HOUSING
Housing that is affordable to and occupied by Eligible Households.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of § 350-20.7E.
AFFORDABLE RENTAL UNIT
An Affordable Housing unit required to be rented to an Eligible Household.
AS-OF-RIGHT PROJECT or PROJECT
A multifamily-use development, townhouse development, or single-family development allowed under § 350-20.5 as-of-right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
DESIGN GUIDELINES
A.
For the purpose of this section, the term "Design Guidelines" shall refer to and be subject to the requirements of the term "design standards" as provided for under MGL c. 40R, § 10 and 760 CMR 59.04(1)(f).
B.
For Village Hill Smart Growth Subdistricts A, B and C as defined in § 350-20.18, the document entitled "Design Guidelines: The Village at Hospital Hill," prepared for Hospital Hill Development, LLC, by Beals and Thomas, Inc., Southborough, MA, dated July 17, 2003, and revised July 2, 2004, containing 31 pages (the "Design Guidelines"), approved by the Massachusetts Department of Housing and Community Development (DHCD) on August 21, 2007, with pages one through 10 not applying to Projects in the SG District. Said Design Guidelines are applicable to all Projects within the SG District that are subject to Plan Approval by the Plan Approval Authority. A copy of the Design Guidelines is on file in the office of the City's Planning Board.
C.
For all other Smart Growth Districts, the site plan design requirements are specified below in § 350-20.19.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
ENABLING LAWS
MGL c. 40R and 760 CMR 59.00.[1]
MONITORING AGENT/ADMINISTERING AGENCY
The local housing authority or other qualified housing entity designated by the municipality (the PAA, chief executive, or other designated municipal official), pursuant to § 350-20.7, to review and implement the affordability requirements affecting projects under § 350-20.7.
MULTIFAMILY DEVELOPMENT
A residential structure containing four or more dwelling units.
PLAN APPROVAL
Standards and criteria which a Project in the SG District must meet under the procedures established herein and in the Enabling Laws.
PLAN APPROVAL AUTHORITY
For purposes of reviewing Project applications and issuing decisions on development Projects within the SG District, the Planning Board, consistent with MGL c. 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and is authorized to approve a site plan to implement a Project.
RECREATIONAL USES
Active recreational uses, including but not limited to ballfields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.
SINGLE-FAMILY DEVELOPMENT
A residential development containing only single-family homes.
TOWNHOUSE DEVELOPMENT
A residential development with structures containing two or three dwelling units.
ZONING ORDINANCE
The Zoning Ordinance of the City of Northampton.
[1]
Editor's Note: The definition of "live/work units or mixed residential/commercial space," which immediately followed this definition, was repealed 6-1-2017 by Ord. No. 17.250.
§ 350-20.3 Overlay district.
A.
Establishment. A Sustainable Growth Overlay District(s), hereinafter referred to as an "SG District," is an overlay district that may contain subdistricts and that is superimposed over an underlying zoning district applicable to property shown on the map entitled "Sustainable Growth Overlay District," dated concurrently with adoption of the respective amendment (the "SG District Map"). This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk. Subject to the requirements of the Enabling Laws, including a corresponding preliminary determination of eligibility, letter of approval and/or amended letter of approval, as applicable, by DHCD for each such amendment, this map and the text of § 350-20 may be amended from time to time to add, expand, reduce, eliminate or otherwise modify one or more Sustainable Growth Overlay Districts.
B.
Subdistricts. Subdistricts may be created within an established Smart Growth District subject to approval by DHCD. Any such subdistricts shall be shown on the Smart Growth Map.
C.
The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to § 350-20. Within the boundaries of the SG District, a developer may elect either to develop a project in accordance with the requirements of the smart growth zoning or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the underlying zoning districts.
§ 350-20.4 Applicability of SG District.
In accordance with the provisions of MGL c. 40R and 760 CMR 59.00, an applicant for a Project located within the SG District may seek Plan Approval in accordance with the requirements of this § 350-20. In such case, notwithstanding anything to the contrary in this Zoning Ordinance, such application shall not be subject to any other provisions of this Zoning Ordinance, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations.
§ 350-20.5 Permitted uses.
The following uses are permitted as of right in the SG District in all subdistricts, subject to plan approval, except as specified below:
A.
Parking, including surface, subsurface garage parking, and structured parking (e.g., parking garages).
B.
Open space and recreational uses.
C.
Accessory uses customarily incidental to any of the above permitted uses.
D.
Single-family, multifamily, townhouse, additional uses as detailed in §§ 350-20.18 and 350-20.19 below.
§ 350-20.6 Project phasing.
The PAA, as a condition of any Plan Approval, may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA, unless it receives written authorization to do otherwise by the Department, shall assure that each phase contains at least the minimum percentage of Affordable Housing units required under § 350-20.7B and the required number of Affordable Housing Units in the Project as a whole, as per § 350-20.7B. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the City until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project.
§ 350-20.7 Housing and housing affordability.
A.
Affirmative Fair Housing Marketing Plan (AFHMP). Prior to granting Plan Approval for housing within the SG District, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including individuals, households with children, households including individuals with disabilities, and persons 60 years and older. These documents in combination, to be submitted with an application for Plan Approval pursuant to § 350-20.12, below, shall include details about construction related to the provision, within the development, of units that are accessible to persons with disabilities. Unless approved otherwise in writing by DHCD, such AFHMP must comply with DHCD's Affirmative Fair Housing Marketing and Resident Selection Plan Guideline.
B.
Number of Affordable Housing units. Not less than 20% of housing units constructed in a Project shall be Affordable Housing. For purposes of calculating the number of units of Affordable Housing required within the SG District, any fractional unit shall be deemed to constitute a whole unit.
C.
Requirements. Affordable Housing shall comply with the following requirements:
(1)
For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by DHCD shall apply.
(2)
For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one, unless other affordable homeownership program limits approved by DHCD shall apply.
(3)
Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
D.
Design and construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing in a Project shall be dispersed proportionately throughout the development of which they are part, across all unit types, and be comparable in initial construction quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall, insofar as practicable, be proportionate to the total number of bedrooms in all units in the development of which the Affordable Housing is part.
E.
Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction, consistent with the universal deed rider used in the Local Initiative Program, 760 CMR 45.00, which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:
(1)
Specification of the term of the affordable housing restriction which shall be no less than 30 years, but which may, as a requirement of Plan Approval, be for a longer period of time customarily allowed by law, unless such an extension would make the development infeasible.
(2)
The name and address of an administering agency, with a designation of its power to monitor and enforce the Affordable Housing Restriction.
(3)
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project without specific unit identification.
(4)
Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for local preferences in resident selection to the extent consistent with applicable law for the Affordable Housing Units; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size.
(5)
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan.
(6)
Reference to the formula pursuant to which the maximum rent of a rental unit or the maximum resale price of a homeownership will be set.
(7)
Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions.
(8)
A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the administering agency.
(9)
Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the administering agency.
(10)
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the administering agency and the municipality in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an Eligible Household.
(11)
Provision that the restriction on Affordable Rental Units in a rental project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the administering agency and the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household.
(12)
Provision that the owner(s) or manager(s) of an Affordable Rental Unit(s) shall file an annual report to the administering agency, in a form specified by that agency, certifying compliance with the affordability provisions of this § 350-20 and containing such other information as may be reasonably requested in order to ensure affordability.
(13)
A requirement that residents in Affordable Housing provide such information as the administering agency may reasonably request in order to ensure affordability.
F.
Administering agency. An administering agency, which may be the Northampton Housing Authority, or other qualified housing entity (the "administering agency") shall be designated by the PAA as the administering agency for all Projects in the SG District. In a case where the administering agency cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such administering agency shall ensure the following both prior to issuance of a certificate of occupancy for a Project within the SG District and on a continuing basis thereafter, as the case may be:
(1)
Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed.
(2)
Income eligibility of households applying for Affordable Housing is properly and reliably determined.
(3)
The housing marketing and resident selection plan conforms to all requirements and is properly administered.
(4)
Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan, with appropriate unit size for each household being properly determined and proper preference being given.
(5)
Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper registry of deeds.
G.
Housing marketing and selection plan. The housing marketing and selection plan shall make provision for payment, by an applicant, of reasonable costs to monitor and enforce compliance with affordability requirements and to develop, advertise and maintain the list of Eligible Households. An applicant may serve as its own administering agency only with the written authorization of DHCD.
H.
Age restrictions. The SG District shall not include the imposition of restrictions on age upon the entire district, but the development of specific Projects within the district may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable Housing. All Projects which include age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.
I.
Computation. Prior to the granting of any Plan Approval of a Project, the applicant must demonstrate, to the satisfaction of the administering agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to Northampton.
J.
No waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this § 350-20.7 shall not be waived.
§ 350-20.8 Density.
Density shall be as described within each SG District below.
§ 350-20.9 Parking requirements.
Parking requirements for the units built in accordance with § 350-20.19 below shall be: one space per 1,000 square feet of gross floor area, up to two spaces maximum required per unit. There are no minimum parking requirements for units created in § 350-20.18 below.
§ 350-20.10 Signs.
Signs shall conform with the requirements of § 350-7, effective as of December 1, 2006; provided, however, §§ 350-7.2C(3), (4), (5) and (6) shall not apply, and § 350-7.2Q shall not apply in the SG District to any sign advocating any candidacy or cause which is under consideration at a particular election.
§ 350-20.11 Design standards.
The PAA must find that the design criteria specified for specific overlay districts below (§§ 350-20.18 and 350-20.19) are met before granting Plan Approval in the SG District:
§ 350-20.12 Application for plan approval.
Application for Plan Approval, or any phase thereof, shall be made to the City Clerk and the PAA on forms provided for that purpose, accompanied by the required fee. The PAA may adopt specific rules governing paper and electronic application and the number of copies. Such rules and regulations shall not take effect until approved by the Department of Housing and Community Development and filed with the City Clerk. The application for Plan Approval shall be accompanied by a site plan, drawings and supporting documentation, in a form specified by the PAA's rules and regulations, which shall show, among other data, the following. Plans submitted shall be prepared (and stamped) by a registered architect, landscape architect, or professional engineer. Upon written request, the PAA may, at its discretion, waive the submission by the applicant of any of the required information, provided the applicant provides some written information on each of the items below and explains why a waiver is appropriate.
A.
Locus plan;
B.
Site plan(s) at a scale of one inch equals 40 feet (or greater) showing the following:
(1)
Name and address of the owner and the developer, name of the Project, and date and scale of plans.
(2)
The location and boundaries of the lot, adjacent streets or ways, the location and owners' names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries.
(3)
Existing and proposed structures, including setbacks from property lines, structure elevations, and all exterior entrances and exits. Elevation plans of all exterior facades of proposed structures are required for towers and strongly encouraged for other structures.
(4)
Present and proposed use of the land and buildings.
(5)
Existing and proposed topography at two-foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (For intermediate projects, the permit granting authority may accept generalized topography instead of requiring contour lines.).
(6)
Location of parking and loading areas, public and private ways, driveways, walkways, access and egress points, including proposed surfacing.
(7)
Location and description of all stormwater drainage facilities (including stormwater detention facilities, water quality structures, drainage calculations where applicable, and drainage easements), public and private utilities, sewage disposal facilities, and water supply.
(8)
Existing and proposed landscaping, including trees and other plantings (including the size and type of plantings), stone walls, buffers, screening, and fencing.
(9)
Location, dimensions, height, color, and illumination of existing and proposed signs.
(10)
Provisions for refuse removal, with facilities for screening of refuse when appropriate.
(11)
An erosion control plan and any other measures taken to protect natural resources and water supplies.
(12)
A photometric plan.
C.
Estimated daily and peak-hour vehicle trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. For nonresidential and mixed-use Projects, at the request of the PAA, an applicant shall prepare a traffic impact statement including the following information:
(1)
Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on site and within 100 feet of the site.
(2)
A plan to minimize traffic safety impacts of the proposed project through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or van or car-pooling, or other appropriate means. For new commercial, office, and industrial buildings or uses over 10,000 square feet, this plan shall evaluate alternative mitigation methods to reduce traffic by 35%, including:
(a)
Public transit, van and car-pool incentive programs, including parking facilities and weather-protected transit shelters;
(b)
Encouraging flexible hours and work weeks;
(c)
Encouraging pedestrian and bicycle access to the site; and
(d)
Provision of integrated land uses, including on-site services, retail, and housing.
(3)
A detailed assessment of the traffic safety impacts of the proposed Project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site for daily-hour and peak-hour traffic levels, road capacities, and impacts on intersections. Said assessment may be based on the proposed mitigation (in the plan required by Subsection B above).
(4)
An interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.
(5)
Adequate pedestrian access, including provisions for sidewalks to provide access to adjacent properties and between individual businesses within a development.
D.
Evidence that the Project complies with the cost and eligibility requirements of § 350-20.7C.
E.
Project plans that demonstrate compliance with the design and construction requirements of § 350-20.7D.
F.
A form of Affordable Housing Restriction that satisfies the requirements of § 350-20.7E.
G.
Other information as may be necessary to determine compliance with the provisions of the SG District.
§ 350-20.13 Procedure.
A.
Filing. An applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth above and also file forthwith a copy of the application form, including the date of filing with the City Clerk.
B.
Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.
C.
Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to MGL c. 40R, § 11. Such fees shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, architects, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.
§ 350-20.14 Decision.
A.
Waivers. Upon the request of the applicant, the Plan Approval Authority may waive dimensional and other requirements of § 350-20, including the design standards of § 350-20.11, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SG District, or if it finds that such waiver will allow the Project to achieve the density, Affordability, mix of uses, and/or physical character allowable under this § 350-20.
B.
Plan Review. An application for Plan Approval shall be reviewed for consistency with the purpose and intent of this § 350-20, and such Plan Review and shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.
C.
Plan Approval. Plan Approval shall be granted, subject to reasonable conditions, where the PAA finds by majority vote that:
(1)
The applicant has submitted the required fees and information as set forth in the PAA regulations; and
(2)
The Project and site plan meet the requirements and standards set forth in this § 350-20, or a waiver has been granted therefrom; and
(3)
Extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.
D.
Plan disapproval. A site plan may be disapproved only where the PAA finds that:
(1)
The applicant has not submitted the required fees and information as set forth in the PAA regulations; or
(2)
The Project and site plan do not meet the requirements and standards set forth in this § 350-20, nor has a waiver been granted therefrom; or
(3)
It is not possible to adequately mitigate significant adverse Project impacts on nearby properties by means of suitable conditions.
E.
Form of decision. The PAA shall issue to the applicant a copy of its decision, containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. If the application is approved by reason of the failure of the PAA to timely act, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.
§ 350-20.15 Change in plan after approval by PAA.
A.
Minor change. After Plan Approval, an applicant may be apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need for holding a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the City Clerk.
B.
Major change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this § 350-20.
§ 350-20.16 Enforcement; appeals.
The provisions of the SG District shall be administered by the Building Commissioner, except as otherwise provided herein. Any appeal arising out of action by the PAA regarding an application for Plan Approval hall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL c. 40A.
§ 350-20.17 Severability.
If any provision of this § 350-20 is found to be invalid by a court of competent jurisdiction, the remainder of § 350-20 shall remain in full force. The invalidity of any provision of this § 350-20 shall not affect the validity of the remainder of the City's Zoning Ordinance.
§ 350-20.18 Village Hill Sustainable Growth Overlay District.
The Village Hill Sustainable Growth Overlay District is an area as shown on the map having an area of approximately 30 acres.
A.
Permitted uses; location of subdistricts.
(1)
There are hereby established three subdistricts within the Village Hill SG District with uses allowed as follows:
(a)
Subdistrict A: single-family development.
(b)
Subdistrict B: multifamily development, townhouse development, mixed-use development, with a total of 60,000 square feet of office use; provided, however, that at least 7,000 square feet of nonresidential use shall be situated under dwelling units.
(c)
Subdistrict C: multifamily development, townhouse development, single-family development.
(2)
The location of these subdistricts is shown on the SG District Map.
B.
Density.
(1)
Subdistrict A: In Subdistrict A, development shall be permitted at a density of up to eight units per acre.
(2)
Subdistricts B and C: In Subdistricts B and C, development shall be permitted at a density of up to 21 units per acre.
C.
Design.
(1)
Landscaping. New buildings, parking, lighting, and other improvements in the District shall be designed and maintained to minimize the visual intrusion to the surrounding area and to preserve and enhance the existing campus layout or be designed to create a new compact and coherent village or campus center appearance. The PAA shall find that this criterion is met if:
(a)
Construction shall cause no more than minimal disturbance of existing ridgelines and hilltops and will, to the extent possible, preserve existing specimen trees.
(b)
All permanent mechanical equipment is screened from public view and from views from surrounding properties and ways.
(c)
Generally, buildings are a minimum of two stories in height.
(2)
Accessibility. Development shall be designed to ensure access to surrounding parcels in the PV District and to the surrounding open space.
(3)
Required design. The Project shall comply with the site plan Design Guidelines for Village Hill.
§ 350-20.19 Urban Residential Sustainable Growth Overlay District.
The Urban Residential Sustainable Growth Overlay is shown on the map and contains approximately half an acre.
A.
Permitted uses: single-family, multifamily development, townhouse development.
B.
Density: allows density of 20 or more units per acre.
C.
Design: Any multifamily or townhouse project creating seven or more units in one or more phases within a five-year period shall comply with the following:
Front doors must face the street. For units extending behind front units, where entries orient to the side lot, 20-foot side setback shall apply unless other means to create a buffer/private outdoor space to adjoining property are approved by the PAA. |  | |
Buildings must have a covered entry. |
 | ||
Parking for more than 5 cars shall be distributed on the site to minimize impact to the neighborhood character, which shall be accomplished by small groupings of spaces surrounded by landscaping or parallel parking along a narrow driveway to mimic an alley. Driveways wider than 15 feet shall be visually buffered from side lot lines through setbacks or screening to adequately block car headlights. These standards shall apply unless the Board finds that an alternative means to accomplish results is designed. |  |
(1)
Buildings and parking.
(a)
The first row of buildings along a street shall face the street and add to the streetscape. There shall not be any parking, except incidental to a driveway or roadway, between the first row of buildings and the street. Parking shall be located behind buildings or designed otherwise to minimize view from the public street.
(b)
The area between the property and the road pavement shall be made to be pedestrian-friendly, with sidewalks, street furniture, trees and other vegetation and approved by the PAA. All landscaping incorporated as part of the applicant's design between the street and the building(s) shall facilitate and enhance the pedestrian use of sidewalks and other areas adjacent to the building. Such streetscape may include rebuilding by the applicant, as necessary, of granite curbs, ADA-compliant concrete sidewalks, tree belts, and drainage improvements incorporating low-impact development standards for any necessary drainage improvements triggered by these changes.
(c)
Buildings that abut existing residential properties shall incorporate building articulation alongside facades. Building projections shall be incorporated for any side facade that is longer than 30 feet.
(d)
Front facades shall have setbacks consistent with other buildings within the block or provide a different setback that is necessary to address any natural resources constraints, such as wetlands or topography.
(2)
Streets and roadways.
(a)
Projects shall connect to all surrounding neighborhoods with bicycle and pedestrian access to the extent possible.
[1]
For projects that have more than one vehicular access, driveways and roadways shall internally and externally connect to each other and dead-end streets shall be avoided whenever possible. Dead-end roadways and driveways shall never exceed 500 feet and, to the extent possible, must include a bicycle and pedestrian connection from the dead-end street to a street, common area, park or civic space.
[2]
For projects that have a single vehicular access, such access shall not exceed 500 feet and pedestrian access shall also be provided directly from any street to residential units.
(b)
The design standards for the length of dead-end streets, protection of natural features, sidewalks, wheelchair ramps, landscaping, utilities, and the construction method and materials for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads and other infrastructure shall be those set forth in Chapter 290, Subdivision of Land. These standards shall apply even for private roadways and driveways that are not part of a subdivision, unless waived by the PAA.
(c)
Driveways and private roadways shall be designed to function as private alleys, or shared streets with pedestrians and cyclists, and engineered to keep speeds below 15 miles per hour, or yield streets with separate sidewalks. Such sidewalks shall connect to sidewalks along adjacent streets.
(d)
Vehicular access shall connect to surrounding streets as appropriate to ensure safe and efficient flow of traffic within the surrounding neighborhood and to mitigate increases in traffic on nearby streets.
(e)
Preexisting paths historically used as bicycle and pedestrian trails shall be preserved to the extent possible and marked with appropriate signage.
(f)
The PAA must find that:
[1]
The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, cycle tracks and bike paths, minimize traffic impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, cross-access easements to abutting parcels, access by public safety vehicles, the arrangement of parking and loading spaces, connections to existing transit or likely future transit routes, and provisions for persons with disabilities; and the PAA may allow reduced parking requirements.
[2]
The project, including any concurrent road improvements, will not decrease the level of service (LOS) of all area City and state roads or intersections affected by the project below the existing conditions when the project is proposed and shall consider the incremental nature of development and cumulative impacts on the LOS. The project proponent must demonstrate that all cumulative and incremental traffic impacts have been mitigated. If those impacts are not mitigated, the PAA shall require in-lieu-of payments to fund a project's proportional share of necessary improvements to mitigate off-site traffic impacts, including provision of public transit and pedestrian or bicycle paths, in lieu of requiring off-site improvements. All in-lieu-of payments will be expended with the approval of the Mayor and City Council only after first being introduced for recommendation to the Transportation and Parking Commission, consistent with PAA conditions. In-lieu-of traffic mitigation payment shall be assessed by the PAA after a fact-based analysis of a specific project but shall not exceed that shown below. Past experience has been that mitigation of all traffic impacts would be higher than the maximum amount allowed and so many projects are assessed the maximum allowed by the table. The PAA may exempt residential projects whose traffic impacts are not greater than if they were developed as an as-of-right development without PAA approval.
[a]
In-lieu-of payments shall be based on peak-hour trips. Peak trips are the number of one-way trips into or out of the project during the project's peak traffic demand, typically but not always weekday afternoon "rush hour." Peak-hour trips are calculated based on $1,000 per peak trip generated or, if (and only if) this does not address a project, the Institute of Traffic Engineers' (ITE) trip generation data. The PAA retains the ability to use alternative calculations if clear evidence to the contrary is provided (for example, considering lower traffic generation from pass-by trips, late-night shift changes, and mixed-use projects).
[3]
Access by nonmotorized means must be accommodated with facilities such as bike racks, sidewalk connections from the building to the street, cycle tracks, and bike paths that are clearly delineated through materials and/or markings to distinguish the vehicular route from the nonvehicular route.
(3)
Park space.
(a)
All projects shall include a park/common area fully designed and constructed to be integrated into the project, which area shall be easily accessible and available for residents of the project. At a minimum, this space shall be 300 square feet or 30 square feet per dwelling unit of buildable land area, whichever is greater.
(b)
All such space shall be contiguous unless waived by the PAA upon finding that it is in the public interest and consistent with the intent and purpose of this section.
(4)
Environment and energy. Buildings shall meet one of the following environmental standards:
(a)
Home Energy Rating System (HERS) rating no greater than 47 for units of 1,200 square feet or less, and no greater than 41 for units larger than 1,200 square feet. Alternatively, for units of 1,200 square feet or less, the PAA may consider a comparable energy standard to the HERS rating of 47 after consultation with the Building Commissioner.
(b)
U.S. Green Building Council LEED New Construction Gold or Neighborhood Development Gold Certified.
(5)
Equal access. All projects shall provide equal access to all building amenities, park and civic space and public entrances to buildings to residents of both affordable and nonaffordable units.
(6)
Internet connectivity. All projects that include infrastructure making internet connectivity available shall do so without differences in quality, capacity or speed to residents of both affordable and nonaffordable units.
(7)
The site will function harmoniously in relation to other structures and open spaces to the natural landscape, existing buildings and other community assets in the area as it relates to landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks. Rear and/or side wall facades within 50 feet of a completed or planned section of a cycle track or bike path shall have features that invite pedestrian access from that side of the building.
(8)
The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. The construction materials and methods for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads, and other infrastructure shall be those set forth in the Northampton Subdivision Regulations unless the PAA finds that a different standard is more appropriate. Major projects that do not trigger separate stormwater permitting shall have conditions that stipulate when inspections shall be completed and submitted to the City. Annual reports, as necessary, depending on the stormwater management system, shall be submitted to the City.
(9)
Compliance with the following technical performance standards:
(a)
Curb cuts onto streets shall be minimized. More than one curb cut shall be permitted only when necessary to minimize traffic and safety impacts.
(b)
Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent possible, and sidewalks must be provided between businesses within a development and from public sidewalks, cycle tracks and bike paths.
[1]
All internal and external sidewalks will be constructed of cement concrete. Sidewalks will be at least five feet in width.
[2]
If gratings are located in walking surfaces, then they shall have spaces no greater than 1/2 inch wide in one direction. If gratings have elongated openings, then they shall be placed so that the long dimension is perpendicular to the dominant direction of travel.
[3]
Ramps allowing access to the sidewalk and street by variously abled persons shall be required at the corner or within the curb area immediately adjacent to the sidewalk.
[4]
For any new driveway, the portion of the driveway that crosses the sidewalk shall conform to the sidewalk requirements set forth herein, regardless of whether there is a sidewalk improvement extending along the balance of the frontage property, with sidewalks constructed with extra depth to withstand cars.
[5]
The sidewalk cross slope of 1:50 should be maintained across the entire driveway. The driveway apron should be located in the tree belt between the pedestrian way and the roadway.
[6]
Curb extensions may be used at any corner location, or at any mid-block location where there is a marked crosswalk, provided there is a parking lane into which the curb may be extended. They may include transit stops. Curb extensions must be designed so as not to impede bicycle traffic. Curbs may be extended into one or both streets at a corner. No obstructions or private use should occur in the curb extension.
(c)
Major projects over 5,000 sf, must have no increase in peak flows from the one- or two- and ten-year Soil Conservation Service design storm from predevelopment conditions (the condition at the time a site plan approval is requested). Green infrastructure and low-impact design shall be incorporated to the extent feasible to ensure runoff is handled on site. At the very minimum, the runoff from up to a one-inch rain storm (first flush) shall be detained on site for an average of six hours. These requirements shall not apply if the project will discharge into a City storm drain system that the PAA finds can accommodate the expected discharge with no adverse impacts. In addition, catch basins shall incorporate sumps of a minimum of four feet and, if they will remain privately owned, a gas trap.
