Northbridge, MA Zoning Ordinance

[Added 9-23-2003 STM, Art. 1]

§ 173-115 Purpose.

This bylaw is intended to ensure the protection of the residents of the Town of Northbridge and allow their concerns to be considered during the siting and design of Infectious Waste Transfer Stations or Infectious Waste Processing Facilities by requiring a Special Permit for such facility.

§ 173-116 Applicability.

The following types of activities and uses require a special permit by the Special Permit Granting Authority (SPGA) designated in § 173-118A of the Northbridge Town Code.

Any new facility or expansion to an existing facility with the purpose of creating an Infectious Waste Transfer Station.

Any new facility or expansion to an existing facility with the purpose of creating an Infectious Waste Processing Facility.

Any new building, facility or premises or part thereof constructed, altered, enlarged, expanded, reconstructed or used for the purpose of processing, storing, transferring, or staging, as principal uses, of infectious waste or physically dangerous medical or biological waste as defined by the Commonwealth of Massachusetts Department of Environmental Protection Regulation 310 CMR 16.00, 310 CMR 19.00 and the Department of Public Health, State Sanitary Code 105 CMR 480.000.

§ 173-117 Exemptions.

Existing infectious waste processing or infectious waste transfer facilities that have obtained all federal, state, and/or local permits or licenses that are required for operation prior to this bylaw becoming effective shall be exempt from this section of the Northbridge Code.

Any facility, or part thereof proposed for the purpose of transferring or processing infectious waste that does not do so prior to the effective date of this bylaw section, shall be required to comply with this section of the bylaw.

§ 173-118 Administration.

The Planning Board shall be the SPGA for any Infectious Waste Transfer Station or Infectious Waste Processing Facility within the Town of Northbridge.

Each application for a special permit shall be filed by the petitioner with the town clerk and a copy of said application, including the date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the SPGA as indicated in § 173-119.

The SPGA shall hold a public hearing, for which notice has been given as provided in MGL c. 40A, § 11, on any application for a special permit within 65 days from the date of filing of such application. The decision of the SPGA shall be made within 90 days following the date of such public hearing. The required time limits for a public hearing and said action, may be extended by written agreement between the petitioner and the SPGA. A copy of such agreement shall be filed in the office of the town clerk.

No building permit shall be issued by the building inspector without written approval of the Special Permit by the SPGA, or unless constructive approval has been granted.

A fee shall accompany an application as set forth in the SPGA Fee Schedule, and in no instance shall the administrative portion be less than $500. The Fee Schedule shall also include a review and inspection component to allow application review by outside professionals. This fee schedule shall be implemented as allowed under MGL c. 44, § 53G. The review and inspection fee shall in no instance be less than $5,000 and shall be fully replenished by the proponent when it is reduced to 25% of the original fee amount. Failure to comply with this requirement within 30 days of notification shall be deemed to be a request for withdrawal of the application by the Applicant.

§ 173-119 Submittal requirements.

Applicants for Special Permit shall submit nine complete copies of the Application Package to the SPGA for review, and forthwith shall also submit to the SPGA an additional seven complete copies of the application which are to be forwarded to the Town Manager, the Board of Health, the Director of Public Works, the Police Chief, the Fire Chief, the Building Inspector, and the Conservation Commission for their advisory review and comments. The Applicant is also responsible for filing a copy of the application forthwith to the Town Clerk, as indicated in § 173-118B. The following information shall be included in the Special Permit application, otherwise the application may be deemed to be incomplete:

Project Narrative - The Applicant shall submit as part of its application a written narrative assessing the on-site and off-site impacts resulting from the proposed project, including but not necessarily limited to traffic, drainage, noise, environmental, and other factors that may be appropriate, as determined by the SPGA. Also, typical operations shall be indicated in this narrative indicating hours of operation, days of operation, potential nuisance conditions (i.e. Noise, odor, dust, vectors, emergency response plans, etc.), mitigating features proposed to offset impacts to the surrounding neighborhood, and manufacturer information for any proposed processing or storage equipment. The SPGA may require the narrative assessments to be prepared by qualified experts, as appropriate.

Plan - The site plan shall be prepared and submitted on sheets measuring 24-inches by 36-inches. Plans shall be prepared by a Registered Professional Engineer, Professional Land Surveyor, Architect, and/or Landscape Architect, as appropriate or as required by the SPGA. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of 1"=20'. Plans shall be prepared with sufficient clarity and detail to indicate the entire scope of the proposed work and features as further defined below:

Overall Site Plan - The overall site plan shall be presented at a suitable scale to show the entire contiguous property limits of the subject site and shall indicate proposed locations for buildings and other structures. The intent of this map is to provide an orientation of the subject project site. This plan should show topography, existing and proposed buildings and structures, paved areas, limits of clearing, and other general schematics that may be appropriate. This plan shall be stamped by a Registered Professional Civil Engineer (PE).

Existing Conditions - The existing conditions shall be presented on the plan with sufficient clarity and detail to represent all existing site features. This shall require the submittal of a separate existing conditions plan to adequately show the necessary detail. The plan shall include, but not necessarily be limited to, the following features: locus map; property boundary; building setbacks; Zoning district boundaries, overlay districts, abutter information, existing topography at a two-foot contour interval; existing buildings and structures such as fences, loading areas, accessory buildings, signs, waste disposal areas, and storage areas; Parking lots, utilities (i.e. water, sewer, gas, electric, drainage, etc.) walkways, treelines, testing locations, floodplains, wetlands as defined by 310 CMR 10.00 and any other features that may be appropriate to depict the existing site conditions. Notes contained on the existing conditions plan shall detail property deed/record owner information, property boundary references, dates of topographic/property surveys and responsible parties for the surveys, Horizontal and vertical control datum, relevant zoning district dimensional information, any dimensional or other variances existing on the property, and any other data or information related to the site that may be pertinent or relevant for the SPGA to perform a thorough review. The existing conditions plan shall also contain a legend which details the symbology used for items depicted in the plan. This plan shall be stamped by a PE and a Professional Land Surveyor (PLS).

Proposed Conditions - The proposed conditions plan shall contain the same features, notes and legends as the existing conditions plan but shall be presented in a manner to clearly indicate which features are existing and which features are proposed (through line weights, shading, or as otherwise appropriate). The proposed conditions plan shall also show the following proposed site features: Buildings; structures such as fences, stone walls, retaining walls, sheds, signs, and light posts; proposed contours; proposed utilities; proposed systems of waste disposal; proposed limits of parking lots and paved areas; proposed landscaping; and any other data or information related to the site that may be pertinent or relevant for the SPGA to perform a thorough review.

Also depicted on the proposed conditions plan shall be a table of the space and bulk requirements which includes a dimensional analysis and lists required and proposed dimensions, a list of variances requested (if applicable), relevant layout and construction notes and schedules of elevations for drainage structures, sewer structures, etc. This plan shall be stamped by a PE, and in the event new property boundaries or easements are proposed, a PLS.

Lighting Plan - This plan shall show the location and orientation of all facility lighting. A grid showing the luminaire values shall also be presented on this plan. This plan shall be stamped by a PE and a Registered Professional Architect (RPA).

Landscaping Plan - This Plan shall show all existing and proposed plantings for the subject site. The plantings shall be situated to provide maximum screening from all abutters and shall also propose indigenous species to the area. This plan shall be stamped by a Professional Landscape Architect (PLA).

Detail Sheets - Details showing fences, walls, structures, lighting, pavement design, underground utilities and structures, profiles and cross sections (as appropriate), proposed processing and storage equipment, and any other information that is pertinent to the appearance and function of the site. This plan shall be stamped by a PE.

Floor Plan - A proposed floor plan depicting the interior layout of the existing and proposed building(s) as appropriate. The floor plan will clearly identify areas and types of use necessary for determining the parking and loading calculations. Gross square foot areas will be used for the parking lot calculations. This plan shall be stamped by a RPA.

Rendering/Elevation Views - Elevation views of the building shall be prepared showing the proposed building and structures from all elevation views. Color architectural renderings of the proposed buildings shall also be submitted. This plan shall be stamped by a RPA.

Design Requirements

Survey - The property line and topographic surveys shall conform to the requirements contained in 250 CMR 6.00. The Massachusetts State Plane Coordinate System and the National Geodetic Vertical Datum of 1929 shall be used for horizontal and vertical control, respectively. Temporary construction benchmarks and permanent site benchmarks shall be established onsite and identified on the plans.

Stormwater Management - The plans presented shall show locations of any and all soil tests performed onsite. Stormwater management systems utilizing infiltration structures shall have soil testing (percolation tests and deep holes) performed within structure proposed for infiltration. Only soil testing which has been witnessed by the Board of Health Agent may be used for design. Stormwater calculations shall be performed in accordance with the requirements of the Massachusetts Stormwater Policy Manual and the requirements contained therein. Supporting hydraulic calculations for the 2, 5, 10, 25, 50 and 100-year (24-hour) storm events shall be submitted. Stormwater facilities shall be designed to accommodate the 100-year, 24-hour storm event. Furthermore, minimum design requirements contained in the Massachusetts Department of Environmental Protection Stormwater Policy Manual shall be used, irrespective of whether or not work is proposed within wetland jurisdictional areas.

Soil excavation - Volume calculations for any site soil excavation or filling proposed as part of the project construction shall be prepared and submitted with the application.

Traffic safety and impact - A detailed traffic study shall be required by the SPGA. The key features that need to be considered to address this section in every submittal include, but are not necessarily limited to, traffic counts, suitability of offsite roads, offsite traffic patterns, sight access and egress, cornering site distance, trip generation, and overall impact.

Lighting - In the area of new construction, outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spilling over to neighboring properties. Except for low-level intensity pedestrian lighting with a height of less than eight (8) feet, all outdoor lighting shall be designed and located so that (1) the luminaire has an angle of cutoff less than 76 degrees, (2) a line drawn from the height of the luminaire along the angle of cutoff intersects the ground at a point within the development site, and (3) the bare light bulb, lamp or light source is completely shielded from direct view at any point five (5) feet above the ground on neighboring properties or streets.

Landscaping - Any landscaping shall be designed to enhance the visual impact of the use upon the lot and adjacent property. Where appropriate, existing vegetation may be retained and used to satisfy the landscaping requirements. Landscaping areas shall be maintained as open planted areas and used to (1) ensure buffers between properties, (2) provide landscaped areas between buildings, (3) minimize the visual effect of the bulk and height of buildings, structures, parking areas, lights or signs and (4) minimize the impact of the use property on land and water resources.

Emergency Response Plan - An emergency response plan shall be presented as part of the application. The Plan should review every aspect of the proposed operation indicating the proper method of response, who should be notified, evacuation procedures, cleanup of spills, releases to the environment, etc. Minimum requirements for personnel training and licensing shall also be submitted.

§ 173-120 Facility siting requirements.

Building Separation - The minimum separation between the Infectious Waste Transfer and/or Processing Facility and any other building located onsite shall be 250-feet. The minimum separation between the Infectious Waste Transfer and/or Processing Facility and any other building located offsite shall be 500-feet.

Buffer Areas - The following are areas that have been identified to be of concern and shall be protected by the implementation of the buffer zones provided:

Riverfront area - No facility shall be located within the Riverfront area to a Perennial Stream as defined by the Wetlands Protection Act Regulations 310 CMR 10.000.

Wetland Resource Area - No facility shall be located within 100-feet of a resource area as defined by the Wetlands Protection Act Regulations 310 CMR 10.000.

Residentially Zoned areas - No facility shall be located on a site that lies within 500-feet of an abutting residentially zoned area.

§ 173-121 Approval.

Special Permit approval shall be granted upon determination by the SPGA that the following conditions have been satisfied:

Maximize pedestrian and vehicular safety both on and around the site;

Minimize the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of soil erosion, and threat of air and water pollution;

Minimize obstruction of scenic views from publicly accessible locations;

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

Minimize glare from headlights through plantings or other screening;

Minimize lighting intrusion through use of such devices as cut-off luminaries confining direct rays to the site, with fixture mounting not higher than 12 feet;

Minimize unreasonable departure from the character and scale of building in the vicinity, as viewed from public ways. The front building facade facing a street shall be articulated to achieve a human scale and interest. The use of different textures, shadow lines, detailing and contrasting shapes is required. Building fronts shall contain windows covering at least 15% of the facade's surface. Windows shall be highlighted with frames, lintels and sills or equivalent frame features. Windows and doors shall be arranged to give the facade a sense of balance and symmetry.

Eliminate the potential for the contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.

§ 173-122 Conditions.

The SPGA shall include but not necessarily be limited to the following conditions as part of any Special Permit issued under this Section of the Northbridge Code, as appropriate:

The Special Permit shall be filed at the Worcester County Registry of Deeds within 30 days of its issuance, otherwise it shall be deemed to be void. A certified copy of the recorded Special Permit shall be furnished to the SPGA and the Building Inspector prior to the start of any site construction activity or operation. No building permit shall be issued until a certified copy of the recorded Special Permit is produced.

The Special Permit shall be valid only for a period of three years from the date of issuance. A new Special Permit shall be required every three years thereafter for continued operation. Recording of each subsequent Special Permit at the Worcester County Registry of Deeds is also required in order for the facility to operate continuously.

The Special Permit shall be recorded with the Worcester District Registry of Deeds within 30 days of its issuance but, if appealed, within 30 days of the final adjudication of the appeal, otherwise it shall be deemed to be void. Monitoring shall be performed by a Massachusetts State certified laboratory for any emissions identified as a threat by the SPGA or its agents. The Conditions of the Special Permit shall indicate the specific tests required.

Inspections shall be performed on a quarterly basis by a registered Professional Engineer and a Certified Industrial Hygienist to ensure that compliance with all applicable regulations is adhered. The consultants shall be contracted by the Town and the cost for the inspections shall be paid from the review and inspection account maintained by the Town.

Reporting of monthly tonnage received and/or processed shall be made to the Northbridge Board of Health and the SPGA. Failure to submit monthly reports within 30 days of the end of the previous month shall be grounds for revocation of this Special Permit. Exceeding the permitted capacity shall be grounds for revocation of this Special Permit.

Immediate reporting of any violations to the conditions of this Special Permit shall be made to the Board of Health and the SPGA by the Applicant, the Owner, the Operator and their respective agents. Lack of compliance with any of the Conditions of the Special Permit are grounds for suspension of the Special Permit.

This Special Permit is not transferable. In the event of change of property ownership or change of operator, a new special permit shall be required.

§ 173-123 Severability.

The provisions of this Article are severable and, in the event that any provision of this Article is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

Northbridge City Zoning Code

ARTICLE XVIII