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Northfield City Zoning Code

ARTICLE 9

Special Regulations

§ 200-9.1 Accessory dwelling unit.

A. 
Purposes. The purposes of this section are to assist Northfield residents with creating suitable housing to accommodate a family member.
B. 
Applicability. The Board of Appeals may grant a special permit for an accessory family dwelling unit in accordance with this section and Table 1, Schedule of Uses.[1]
[1]
Editor's Note: See § 200-5.4, Schedule of Uses.
C. 
Basic requirements.
(1) 
An accessory family dwelling unit shall be located within a detached single-family dwelling and designed so as to preserve the appearance of the single-family dwelling.
(2) 
There shall be only one accessory family dwelling unit on a lot, and no accessory family dwelling unit shall have more than two bedrooms.
(3) 
There shall be at least one off-street parking space for the accessory family dwelling unit in addition to parking for the principal dwelling. The off-street parking shall be located in a garage or carport, or in the driveway, and shall not be permitted within any required yard area or setback. There shall be no additional driveway or curb cut providing access to the accessory family dwelling unit.
(4) 
Occupancy of the single-family dwelling and accessory family dwelling unit shall be restricted as follows:
(a) 
The owners of the property shall reside in one of the units as their primary residence. For purposes of this section, "owners" shall mean one or more individuals who hold legal or beneficial title to the premises.

§ 200-9.2 Home occupation.

A. 
Purposes. The purpose of this section is to provide for the conduct of home occupations while preserving the residential character of the premises and preventing adverse effects on the neighborhood.
B. 
Basic requirements. A home occupation shall be allowed by right as shown in Table 1[1] if it meets the requirements of this section:
(1) 
It is incidental to a permitted principal use on the same premises;
(2) 
It is not detrimental to a residential or rural neighborhood, and the existing character of the neighborhood is preserved;
(3) 
It is clearly secondary and subordinate to the residential use of the premises;
(4) 
It has no more than two nonresident employees working primarily on the premises;
(5) 
Adequate off-street parking is available;
(6) 
There are no exterior alterations that change the residential appearance of the dwelling;
(7) 
Except as provided in Subsection B(8) and (9) below, there is no exterior indication of the accessory use and no exterior display of merchandise of greater than 100 square feet in total area;
(8) 
All storage of materials, supplies, or equipment is within the principal building, suitable accessory buildings, and/or within no greater than 500 square feet of total outdoor yard area; and
(9) 
No more than one sign, not exceeding four square feet in area, is used to identify the home occupation.
[1]
Editor's Note: See § 200-5.4, Schedule of Uses.
C. 
Special permits. A home occupation that does not comply with all of the above standards shall only be allowed by special permit from the Zoning Board of Appeals. Special permits granted hereunder shall be based upon the criteria in § 200-3.4.
[Amended 1-24-2022 STM by Art. 16]

§ 200-9.3 Open space residential development.

A. 
Purpose.
(1) 
The primary purpose of this section is to preserve the open space resources of Northfield as identified in the Master Plan, especially large contiguous blocks of forested back land that must be maintained as large-acreage holdings in order to remain economically viable for commercial forestry. This is necessary for the continuation of forestry as a significant resource-based local agricultural activity and for the protection of the Town's water resources and other unique environmental assets. This section is also intended to foster compact development patterns, using flexible regulations for density and lot dimensions, and to promote and encourage creativity in neighborhood design.
(2) 
The Town wishes to encourage the use of open space residential development because it results in the preservation of contiguous open space and important environmental resources while allowing design flexibility. Open space residential development reduces development impacts on farmland, forests, wildlife habitats, large tracts of contiguous open space, environmentally sensitive areas, steep slopes, hilltops, and historically significant areas.
(3) 
To encourage this type of development, open space residential development is allowed by right, subject only to the requirements of the Planning Board's Regulations Governing the Subdivision of Land.[1] An open space residential development that does not require approval as a subdivision is allowed by right subject to site plan approval by the Planning Board. In order to encourage small subdivisions to follow open space residential development principles, there is no minimum parcel size or number of lots required for an open space residential development.
[1]
Editor's Note: See Ch. 315, Subdivision of Land.
B. 
Applicability.
(1) 
An open space residential development may be proposed anywhere in Northfield except the Village Center Districts. All subdivisions shall comply with the open space residential development provisions of this section unless the Planning Board allows a development that deviates from the requirements of said section by special permit. Such deviations may be approved if the applicant demonstrates that the proposed alternative development configuration provides adequate protection of the site's environmental resources and fulfills the purposes of this section as well as or better than an open space residential development.
(2) 
Subsection B(1) above applies only to subdivisions of land as defined in MGL c. 41, § 81L, and not to construction of homes or businesses on individual lots that existed prior to May 3, 2008, or to lots created through the "Approval Not Required" process with frontage on public ways existing as such as of May 3, 2008, described in the Regulations for the Subdivision of Land (the "Subdivision Regulations"). However, if subdivision approval is not required because a new roadway is not proposed, an applicant may nevertheless apply for open space residential development approval under this section. In such a case, the application shall be subject to site plan review as described in § 200-3.5. If the proposed open space residential development also involves one or more common driveways, density bonuses, transfer of development rights, or any other use that requires a special permit, the proceedings for all such special permits and the site plan review for the lot configuration shall occur in one consolidated special permit proceeding before the Planning Board.
C. 
Development impact statement and conservation analysis.
(1) 
In order to enable the Planning Board to determine whether or not a proposed open space residential development (or development by special permit that deviates from the requirements for open space residential development) satisfies the purposes and standards of this section, an applicant must present sufficient information on the environmental and open space resources for the Board to make such determination. The required information shall be provided in the form of a development impact statement, including a conservation analysis as described in Subsection C(2) of this section. In the case of an open space residential development that is not a subdivision, and that is presented as a site plan review application, the applicant shall not be required to submit a full development impact statement. However, the Planning Board may require the submission of all or part of a conservation analysis as described in the Subdivision Regulations.
[Amended 1-24-2022 STM by Art. 16]
(2) 
Conservation analysis and findings.
(a) 
Prior to filing an application, the applicant is encouraged to meet with the Planning Board to discuss the conservation resources on the site. At such meeting, the Planning Board shall indicate to the applicant which land is likely to have the most conservation value and be most important to preserve and where development may be most appropriately located. This meeting shall constitute the conservation analysis.
[Amended 1-24-2022 STM by Art. 16]
(b) 
In the case of a proposed plan that deviates from the requirements of this section, if the Planning Board determines that the land with the greatest conservation value cannot be protected except by the use of an open space residential development plan, the Planning Board shall deny the special permit for the deviation and require that the applicant submit a plan that complies with the requirements for an open space residential development.
(c) 
The Planning Board, in consultation with the Conservation Commission, shall study the conservation analysis, may conduct field visits, and shall formally determine which land should be preserved and where development may be located. The Planning Board shall make written findings supporting this determination (the "conservation findings"). The Planning Board shall deny any application that does not include sufficient information to make conservation findings or that does not preserve land that the Planning Board determines should be preserved from development as a result of the conservation analysis and findings.
(d) 
The Planning Board's conservation findings shall be incorporated into its decision to approve, approve with conditions, or deny an application. The conservation findings shall show land to be permanently preserved by a conservation restriction, as well as recommended conservation uses, ownership, and management guidelines for such land. The conservation findings shall also indicate preferred locations for development if the plan is denied based upon such findings.
(3) 
Minimum preserved open space. The plan shall show that at least the percentages of the total acreage listed below will be preserved by conservation restriction, based upon the conservation findings.
(a) 
Residential Agricultural-Forestry District: minimum of 75%.
(b) 
Residential Agricultural, Planned Development Districts: minimum of 60%.
D. 
Maximum number of dwelling units. The maximum number of residential units in an open space residential development is calculated by a formula based upon the net acreage of the property. This formula is intended to take into account site-specific development limitations that make some land less developable than other land. This calculation involves two steps: calculating the net acreage and dividing by the base allowed density.
(1) 
Net acreage calculation. The factors named below are included in this subsection for net acreage calculation purposes only and do not convey or imply any regulatory constraints on development siting that are not contained in other applicable provisions of law, including this Zoning Bylaw.
(a) 
To determine net acreage, subtract the following from the total (gross) acreage of the site:
[1] 
Half of the acreage of land with slopes of 20% or greater (2,000 square feet or more of contiguous sloped area at least 10 feet in width); and
[2] 
The total acreage of lakes, ponds, land subject to easements or restrictions prohibiting development, FEMA 100-year floodplains, and all freshwater wetlands as defined in MGL c. 131, § 40, as delineated by an accredited wetlands specialist and approved by the Northfield Conservation Commission.
(b) 
At the Planning Board's discretion, any of the information described above may be taken from current geographic information systems data available from the Massachusetts Department of Environmental Protection, Mass GIS, and other credible sources, including delineations registered by the use of global positioning systems.
(2) 
Unit count calculation. To determine the base maximum number of allowable residential dwelling units on the site, divide the net acreage by the minimum lot area for the applicable zoning district. Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up.
E. 
Density bonus. The unit count determined in Subsection D above may be increased through density bonuses in order to advance important goals of the Northfield Master Plan. Density bonuses are given by special permit at the discretion of the Planning Board, based upon the expected public benefit. They are calculated by first determining the allowable unit count under Subsection D without rounding fractional units up or down, and then multiplying that number by 100%, plus the percentages that follow. Resulting fractional units, if any, shall be rounded up or down as in Subsection D.
(1) 
If the applicant allows deeded public access to the open space portion of the property and the Planning Board finds that such public access provides a significant recreational benefit to the Town (such as access to an important natural area or a trail system): a maximum of 10%.
(2) 
If the applicant permanently restricts ownership and occupancy of units allowed by Subsection D as affordable housing (as defined in this bylaw), and makes a binding commitment to construct such affordable residences: a maximum of 25%. For every unit included in the allowable unit count under Subsection D that is built and dedicated as an affordable unit, two bonus market rate units may be permitted, up to the maximum of 25% of the allowable unit count.
(3) 
If the applicant preserves as permanent open space more than the minimum required percentage: a maximum 10% density bonus per additional 5% of the parcel preserved as open space.
(4) 
If the applicant has designed the development to protect solar access and agrees to provide solar-ready construction for the proposed dwellings: a maximum of 25%. For purposes of this section, "protect solar access" shall mean that streets and lots in the open space residential development shall be oriented to maximize the solar resource available to each lot or to as many lots as possible as determined by the Planning Board. "Solar-ready construction" shall mean construction of homes in such a way that installing and connecting a solar energy system (whether photovoltaic or solar thermal) does not require additional wiring, plumbing, or building modification.
F. 
Density transfer (transfer of development rights). The Town of Northfield encourages flexibility in the location and layout of development within the overall density standards of this Zoning Bylaw. Toward these ends, the Town will permit residential density to be transferred from one parcel (the "sending parcel") to another (the "receiving parcel") in open space residential developments under this section. Density transfers may only be permitted from sending parcels in the RAF District to receiving parcels in either the RA or PD District. If a sending parcel is located in both the RAF and another district, only those portions of the sending parcel that actually lie within the RAF District may be considered in determining the number of units allowed to be transferred. The process of density transfer is as follows:
(1) 
Procedure.
(a) 
All density transfers require a special permit from the Planning Board.
(b) 
The special permit application for a density transfer shall be signed by the owners (or their authorized representatives) of both the sending and receiving parcels.
(c) 
The special permit application shall show a proposed development plan for the receiving parcel (subdivision and/or site plan) as well as a base unit count calculation prepared according to the provisions of Subsection D. For the sending parcel, the applicant may calculate the allowable number of units eligible to transfer by either:
[1] 
Calculating the net acreage pursuant to Subsection D and dividing by 10; or
[2] 
Dividing the total (gross) acreage by 20.
(2) 
Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up.
(3) 
Sending parcels existing as such on May 3, 2008, may have development rights calculated by either method Subsection F(1)(c)[1] or [2] at the applicant's election. Sending parcels which have been modified by lot line changes since May 3, 2008, must employ method Subsection F(1)(c)[1]. The density calculation for the sending parcel shall not include any of the density bonuses available under Subsection E.
(4) 
In reviewing an application for density transfer, the Planning Board shall first determine the number of allowable residential units permitted on the receiving parcel using all of the relevant standards in Subsection D and any density bonuses sought under Subsection E. The Planning Board shall then determine the number of residential units available to transfer from the sending parcel(s) pursuant to Subsection F(1)(c)[1] or [2] above.
(5) 
The Planning Board may then grant a special permit allowing the transfer to the receiving parcel of some or all of the allowable residential units from the sending parcel(s).
(6) 
As a condition of the Planning Board's approval of the density transfer, a conservation restriction on the sending parcel(s) satisfying the requirements of Subsection E shall be executed and recorded with the Franklin County Registry of Deeds. The conservation restriction shall require that the total area of land used in the calculation required under Subsection F(1)(c)[1] or [2] above be permanently restricted. Those portions of the sending parcel(s) not required to be subject to the conservation restriction may be used in accordance with this Zoning Bylaw.
(7) 
Findings required. The Planning Board shall not approve any residential density transfer unless it finds that:
(a) 
All requirements for the granting of a special permit have been satisfied.
(b) 
The addition of the transferred units to the receiving parcel will not increase the maximum allowable unit count under Subsection D by more than 50% and will not adversely affect the area surrounding the receiving parcel.
(c) 
The density transfer will benefit the Town by protecting a substantial area of developable land with conservation value on the sending parcel(s) in a manner that furthers the purposes of the Residential Agricultural-Forestry District.
(d) 
The density transfer will advance the goals of the Northfield Master Plan.
G. 
Maximum density bonus and/or density transfer. The density bonuses and transfers of development rights allowed in this section may be combined to result in a total unit count increase not exceeding 25% of that established in Subsection D above. Density bonuses and/or transfers may only be used if the resulting development complies with Title 5 of the State Environmental Code as determined by the Board of Health.
H. 
Lots in more than one district. For lots in more than one district, the allowable unit count (excluding bonuses or transfers) and required open space for each district shall be computed separately first. These totals shall be added together and the allowable maximum bonus and transfer of development rights for the entire development shall be calculated based upon this combined total number of units. The permitted location of the units and protected open space shall be wherever the Planning Board determines best fits the characteristics of the land, based upon the conservation analysis and findings.
I. 
Permitted housing types. The allowable residential units may be developed as single-family, two-family, or multifamily dwellings, provided that applicable special permit or site plan review requirements for the land use district are satisfied and that the number of dwelling units does not exceed the allowable unit count in Subsection D above. The subdivision approval and special permit/site plan requirements shall be fulfilled concurrently in one proceeding to the extent practical. Any open space residential development application involving two-family or multifamily dwellings shall include a site plan that shows the location, layout, height, and setbacks of such dwellings. Accessory apartments shall be permitted in open space residential developments and shall not be counted toward the total allowable unit count. Such apartments shall comply with the requirements of Article 7, except that the lot area and setback requirements shall not apply.
J. 
Dimensional and design requirements.
(1) 
Minimum lot sizes in open space residential developments. The limiting factor on lot size in open space residential developments is the need for adequate water supply and sewage disposal. Therefore, there is no required minimum lot size for zoning purposes. This does not affect the powers of the Board of Health to require areas on a lot for the disposal of sewage and the protection of water supply.
(2) 
Setbacks, road frontage, and road requirements. The minimum setback shall be 10 feet from any property line. There shall be no numerical requirements for road frontage in an open space residential development, provided that each lot has legally and practically adequate vehicular access to a street across its own frontage or via a shared driveway approved under § 200-3.5. All dwellings must comply with applicable Board of Health requirements. The Planning Board may modify the applicable road construction requirements for new roads within an open space residential development as provided in the Regulations Governing the Subdivision of Land if it finds that such modifications will be consistent with the purposes of this section and the Master Plan.
(3) 
Arrangement of lots.
(a) 
Lots shall be located and arranged in a manner that protects views from roads and other publicly accessible points; farmland; wildlife habitat; large, intact forest areas; hilltops; ponds; steep slopes; and other sensitive environmental resources while facilitating pedestrian circulation. Generally, residential lots shall be located the minimum feasible distance from existing public roadways. The Planning Board shall take into consideration the conservation analysis and findings in approving the arrangement of lots.
(b) 
Lot, roadway, and driveway layouts, land alterations, and placement of structures shall follow applicable portions of the rural siting principles in § 200-8.1 and any design guidelines for open space residential development which may be adopted by the Planning Board.
K. 
Permanent open space.
(1) 
Open space set aside in an open space residential development or as a condition of any special permit or site plan approval shall be permanently preserved from development as required by this section. The Planning Board may not require such open space land to be accessible to the public, unless a density bonus is allowed under Subsection E. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land, based upon the conservation findings of the Planning Board.
(2) 
Permanent preservation of open space land. All land required to be set aside as open space in connection with any open space residential development shall be so noted on any approved plans and shall be protected by a permanent conservation restriction to be held by the Town of Northfield, the Commonwealth of Massachusetts, or a nonprofit conservation organization qualified to hold conservation restrictions under MGL c. 184, § 31. All references to conservation restrictions in this bylaw shall mean a conservation restriction meeting the requirements of MGL c. 184, § 31. The restriction shall specify the permitted uses of the restricted land which may otherwise constitute development. The restriction may permit, but the Planning Board may not require, public access or access by residents of the development to the protected open space land.
[Amended 1-24-2022 STM by Art. 16]
(3) 
Ownership of open space land.
(a) 
Protected open space land may be held in private ownership, owned in common by a homeowners' association (HOA), dedicated to the Town or state governments with their consent, transferred to a nonprofit organization acceptable to the Planning Board, or held in such other form of ownership as the Planning Board finds appropriate to manage the open space land and protect its conservation value.
(b) 
If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:
[1] 
The HOA must be created before final approval of the development, and must comply with all applicable provisions of state law.
[2] 
Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.
[3] 
The HOA must be responsible for liability insurance, property taxes, the maintenance of recreational and other facilities, private roads, and any shared driveways.
[4] 
Property owners must pay their pro rata share of the costs in Subsection K(3)(b)[3] above, and the assessment levied by the HOA must be able to become a lien on the property.
[5] 
The HOA must be able to adjust the assessment to meet changed needs.
[6] 
The applicant may make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Selectboard, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[7] 
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
[8] 
The HOA documents shall be reviewed by Town Counsel, at the applicant's expense, to assure that they satisfy the conditions in Subsection K(3)(b)[1] through [7] above, and such other conditions as the Planning Board shall deem necessary.
(4) 
Maintenance standards.
(a) 
Ongoing maintenance standards shall be established as a condition of development approval to ensure that the open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. Such standards shall be enforceable by the Town against any owner of open space land, including an HOA.
(b) 
If the Selectboard finds that the provisions of Subsection K(4)(a) above are being violated to the extent that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, seek a court order allowing the Town to enter the premises for necessary maintenance, and to assess the cost of such maintenance by the Town ratably against the landowner or, in the case of an HOA, the owners of properties within the development and, if such costs are not paid, to impose a property tax lien on such property or properties.

§ 200-9.4 Campus planned development master plan special permit.

A. 
Purposes. The purpose of the campus planned development (CPD) master plan special permit (MPSP) is to encourage master-planned developments that preserve large tracts of land in the Planned Development District. Accordingly, this section provides a project review process for residential, institutional, and mixed-use developments that will be constructed in phases. It also establishes regulations and guidelines to minimize adverse impacts on water resources and the natural features of a proposed site, and encourages creative reuse of large historic structures for a variety of uses.
B. 
Applicability. Any development involving 30 or more acres of land in the Planned Development District may be considered for CPD approval in accordance with the provisions of this section.
C. 
Basic requirements.
(1) 
Use regulations. The following uses may be proposed in a CPD:
(a) 
Any use allowed as of right or by special permit in the Planned Development District in Article 5 of this bylaw.
(b) 
Elderly housing; retirement community.
(c) 
Hospital.
(d) 
Day surgery center.
(e) 
Urgent care facility.
(f) 
Professional offices.
(g) 
Research and development, including accessory manufacturing.
(h) 
Educational use, nonexempt.
(i) 
Health club or spa.
(j) 
Indoor recreation.
(k) 
Camp, day or overnight.
(l) 
Club, lodge, meeting hall.
(m) 
Community center.
(n) 
Hotel.
(o) 
Restaurant.
(2) 
Design and performance standards. The intent of the CPD is to provide for development in accordance with master plans that meet the following standards:
(a) 
Overall unity of site design and attention to the public realm, including coordinated patterns for streets, ways and pedestrian paths; distributed open space, appropriate landscaping; aesthetic harmony of features, including building architecture, street furniture, pedestrian amenities and signage;
(b) 
Preservation and use or reuse of buildings listed or eligible for listing on the National Register of Historic Places;
(c) 
Preservation and integration of open spaces, wetlands, mature trees and other features of environmental significance into the design of the site;
(d) 
Drainage systems that protect and appropriately employ open spaces and wetlands, utilizing best management practices (BMPs) and other measures to manage stormwater runoff in accordance with applicable regulations and guidelines from the Massachusetts Department of Environmental Protection (DEP);
(e) 
Underground utilities shall be used, except for existing aboveground electric and telephone lines;
(f) 
Mitigation of the adverse effects of development on traffic circulation and street capacity; air quality; noise (including that generated by traffic); stormwater runoff on adjacent and downstream surface water bodies; flooding, erosion, sedimentation, changes in water tables; wildlife, wildlife habitat, rare or endangered plant or animal species; water supply, including adverse impacts on aquifers and the public water distribution system; and adverse effects of sewage disposal on groundwater, aquifers, surface water and, where applicable, the municipal sewer system;
(g) 
Compatibility with uses of abutting properties, including aesthetic compatibility; or appropriate separation and buffers from such abutting property by plantings or terrain;
(h) 
Availability of public services and impacts on municipal services, including but not limited to police and fire services, public road maintenance, traffic control and solid waste disposal;
(i) 
Costs and benefits to the Town of Northfield, showing net benefits;
(j) 
Facilities for meeting transportation needs, and planning for control and reduction of vehicle trips by means such as ride sharing, use of vans or shuttles, or provision of employer-assisted housing within the proposed development; and
(k) 
Organizational and management arrangements and documents pursuant to which the master plan will be implemented and common facilities will be maintained, including provisions for architectural review and control, enforcement of applicable restrictions, and the planning with respect to transportation.
(3) 
Procedures.
(a) 
Campus planned development application requirements, including fees, shall be in accordance with the rules and regulations of the Planning Board and the following requirements.
(b) 
The master plan submission shall contain the necessary plans, information, data and documents to indicate the anticipated scope and intensity of development, size and location of structures, layout of streets and ways, and impacts on the environment, municipal services and traffic, and shall conform with the design criteria and guidelines in this section to the maximum feasible extent. A CPD approved by the Planning Board under this section shall govern the development of the tract of land included therein and shall be a public record.
(c) 
The Planning Board shall hold a public hearing on a CPD application no later than 65 days from the date of submission. Notice of the hearing shall be in accordance with MGL c. 40A, § 11. Review authorities shall forward their comments, in writing, to the Planning Board within 35 days of receiving an MPSP application for review.
(d) 
No later than 90 days from the close of the public hearing, the Planning Board shall grant the CPD/MPSP as proposed, or approve it with conditions, or deny the request. If no action is taken within 90 days, the application shall be deemed approved as submitted except where the Planning Board and the applicant have agreed, in writing, to an extension.
(4) 
Special permit decision criteria. The Planning Board shall approve a CPD/MPSP only upon its determination that:
(a) 
The master plan meets all applicable requirements of this bylaw;
(b) 
Given the location, type and extent of land use proposed by the applicant, building location, egress points, anticipated grading, and other elements of the master plan could not reasonably be altered to address the criteria in § 200-3.4, where applicable; and
(c) 
Any variances required from the Board of Appeals have been granted.
(5) 
Master plan special permit amendments. The applicant may propose to amend, modify, or supplement a CPD/MPSP from time to time in order to bring the site master plan into conformity with changed circumstances, ongoing development in an MPSP, and information disclosed through detailed study and engineering of particular development sites within the project. The Planning Board may approve such amendments and may in its discretion hold a public hearing, with notice given as set forth above, if it deems the proposed modification and supplementation to be substantial.
(6) 
Lapse. A CPD/MPSP shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, no later than two years following the filing of the special permit approval with the Town Clerk, including such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17. Such approval may, for good cause, be extended, in writing, by the Planning Board upon written request of the applicant. For purposes of this section, "substantial use" shall mean the issuance of at least one building permit for a use included in the CPD.
D. 
Project plan submissions and procedures.
(1) 
Prior to application for a building permit for a use allowed under a CPD/MPSP, the applicant shall submit a project plan to the Planning Board.
(2) 
For project plans submitted under an approved CPD, application requirements, review and decision procedures shall be in accordance with site plan approval under § 200-3.5, except as follows:
(a) 
In addition to meeting the requirements of § 200-3.5, the applicant shall provide written statements that the project for which a building permit is sought complies with the MPSP and all requirements of this section, and shall provide such plans, information, analyses, computations and other data as are reasonably necessary to document such statements.
(b) 
If no action is taken on a project plan within 60 days, the application shall be deemed approved as submitted except where the Planning Board and the applicant have agreed, in writing, to extend the review period.
(c) 
Where applicable, the applicant shall submit for endorsement of an approval not required plan or approval of a subdivision plan, if required, in accordance with the Planning Board's Subdivision Regulations.
(3) 
Signs. Signs in a CPD shall be in accordance with § 200-8.4 and this section. Where a conflict exists between this section and § 200-8.4, this section shall govern.
(a) 
At each public street entrance to a CPD, a sign shall be permitted to identify the development as a whole. No such sign shall exceed 300 square feet in size nor eight feet in height, nor be located less than 20 feet from the street line.
(b) 
At an appropriate location within a CPD, a directory map shall be permitted to identify organizations and enterprises. With the approval of the Planning Board, additional directory signs may be permitted. No such sign shall exceed 300 square feet in size nor 12 feet in height, nor shall any lettering thereon exceed eight inches in height. If such sign includes a locator map, at least two adjacent parking spaces shall be provided.
(c) 
Each principal building shall be permitted to have one identifying sign designating the names and/or logos of the organizations or enterprises occupying the same. No such sign shall exceed 300 square feet in size nor 12 feet in height, nor be pole-mounted, but may be located in front of the building or mounted thereon.
(d) 
Traffic direction and control signs are permitted when required or authorized by state and local officials with jurisdiction over such signs. Temporary signs are permitted to identify construction, financing, sale, leasing or pending tenancy with respect to buildings, or the occurrence of a special event, a hazard or a restriction or limitation of access or use.
(e) 
No signs shall be moving or flashing, but may be illuminated by nonflashing, nonblinking lights.
E. 
Regulations. To implement this section, the Planning Board may adopt regulations consistent with the provisions herein, further specifying and defining submission requirements and procedures, fees, design guidelines, and procedures.

§ 200-9.5 Agricultural tourism and farm businesses.

A. 
Purpose. The purpose of this section is to promote and maintain local farming. Toward that end, this section provides for a variety of agriculturally related uses and farm-affiliated businesses that are not explicitly exempt under MGL c. 40A, § 3, but which the Town of Northfield deems important for the preservation of a rural economy in order to:
(1) 
Maintain and promote agriculture and its related activities, such as agricultural tourism;
(2) 
Preserve open space and farmland;
(3) 
Maintain both an agricultural heritage and a rural character;
(4) 
Increase community benefits by having fresh, local produce for sale; and
(5) 
Increase positive growing businesses that contribute to the general economic conditions and cycle of the area and the Commonwealth.
B. 
Applicability. The provisions of this section shall apply to any farm as defined in this bylaw on five or more acres of land.
C. 
Use regulations. The following agriculturally related uses are permitted in any district:
(1) 
Seasonal outdoors mazes of agricultural origin, such as straw bales or corn.
(2) 
Petting farm, animal display, and pony rides.
(3) 
Wagon, sleigh- and hayrides.
(4) 
Nature trails.
(5) 
Open-air or covered picnic area with restrooms.
(6) 
Educational classes, lectures, seminars.
D. 
The following farm-affiliated businesses and uses are permitted in any district, subject to site plan review by the Planning Board:
(1) 
Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is permitted if more than 50% of the stored, processed, or merchandised products are produced by the farm operator for at least three of the immediately preceding five years.
(2) 
Cider mill or winery selling product, in a tasting room, derived from crops grown primarily on site for at least three of the immediately preceding five years.
(3) 
Historical agricultural exhibits.
(4) 
Gift shop for the sale of agricultural products and agriculturally related products.
(5) 
Designated parking for 20 or more vehicles.
(6) 
Commercial or cooperative kitchen, cannery, or copacking facility.
E. 
The following uses are allowed only by special permit from the Planning Board:
(1) 
Bed-and-breakfast.
(2) 
Restaurant related to the agricultural use on the site.
(3) 
Non-agriculturally related uses, such as small-scale entertainment venue or organized meeting space made available for rent for weddings, corporate picnics, birthday parties, and the like.

§ 200-9.6 Recreational tourism businesses.

A. 
Purposes. The purpose of this section is to promote and maintain outdoor recreation as a vital part of the local economy by providing for related business uses that attract visitors seeking recreational opportunities in the Town of Northfield. In addition, this section is intended to address the following purposes consistent with the Northfield Master Plan:
(1) 
To provide for shops, restaurants, and cultural activities;
(2) 
To promote open space and recreation as a means of encouraging community gathering;
(3) 
To develop a resilient economy that connects to natural features and open space; and
(4) 
To promote recreational tourism.
B. 
Applicability. This section applies to uses and activities in the Recreational Tourism District.
C. 
Use regulations. The following uses are permitted:
(1) 
Outdoor recreation, such as cross-country skiing, hiking, mountain biking, and similar uses.
(2) 
Boating.
(3) 
Nature trails.
(4) 
Open-air or covered picnic area with restrooms.
(5) 
Educational classes, lectures, seminars.
D. 
The following uses are permitted, subject to site plan review by the Planning Board:
(1) 
Bicycle and boat rental facilities.
(2) 
Restaurant with not more than 40 seats.
(3) 
Gift shop.
E. 
The following uses are allowed only by special permit from the Planning Board:
(1) 
Hotel, motel, or inn.
(2) 
Restaurant with more than 40 seats.
(3) 
Take-out food service, such as an ice cream stand or coffee shop, where food prepared on the premises is served to patrons at a walk-up window. Drive-through service is prohibited.
(4) 
Campground.

§ 200-9.7 Wireless communications facilities.

A. 
Purposes. The purpose of this section is to minimize adverse impacts of communication structures, monopoles, buildings and appurtenances on adjacent properties and residential neighborhoods and to protect, to the maximum extent practicable, the rural character and aesthetic qualities of the Town of Northfield, the property values of the community and safety of the citizens. This section is promulgated under the authority of MGL c. 40A, the Home Rule Amendment of the Massachusetts Constitution and the 1996 Telecommunications Act, 47 U.S.C. § 332(c)(7)(A). A wireless communications facility shall not be placed, constructed or modified except in accordance with the provisions of this bylaw.
B. 
Applicability. Unless exempted in accordance with Subsection H of this section, any wireless communications facility (WCF) as defined hereunder shall require a special permit from the Planning Board.
C. 
Definitions. Where used in this section, the following terms shall have the following meanings:
COMMUNICATION BUILDING
Any building utilized primarily for the installation and operation of equipment for generating or receiving electromagnetic radiation and which is accessory to a communication structure.
COMMUNICATION MONOPOLE
Any cylindrical pole intended to support equipment used for the transmission and reception of electromagnetic radiation, including antennas, wiring or other devices attached thereto.
COMMUNICATION STRUCTURE
Any structure intended to support equipment used for the transmission and/or reception of electromagnetic radiation, including communication monopoles, antennas, wiring or other devices attached thereto. Such a structure shall not include a lattice tower.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing wireless tower or base station that involves co-location of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
MOUNT
The structure or surface upon which antennas are mounted, including the following four types of mounts:
(1) 
ROOF-MOUNTED
Mounted on the roof of a building.
(2) 
SIDE-MOUNTED
Mounted on the side of a building.
(3) 
GROUND-MOUNTED
Mounted on the ground.
(4) 
INTERIOR-MOUNTED
Mounted within a building such that the WCF is not visible from the exterior of the building/structure.
RADIOFREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIOFREQUENCY RADIATION (RFR)
The emissions from WCFs.
WIRELESS COMMUNICATIONS FACILITY (WCF)
A facility used for the purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, personal wireless communications services, paging services and the like, as defined in Section 704 of the federal Telecommunications Act of 1996,[1] as amended. Such facilities shall include towers, antennas, antenna support structures, panels, dishes, communication buildings, communication structures and accessory structures in their entirety or as separate components.
[1]
Editor's Note: See 47 U.S.C. § 332.
D. 
Application process. Every special permit application for a WCF shall be made under the provisions of § 200-3.4 and filed on the applicable application form available from the Planning Board.
(1) 
An application for a special permit for a WCF may be approved if the applicant satisfies the requirements of this section and § 200-3.4.
(2) 
Applications for special permits shall be denied if the applicant cannot fulfill or address the requirements of this section to the satisfaction of the Planning Board.
(3) 
When considering an application for a new WCF, the Planning Board shall place great emphasis on the proximity of the WCF to residential dwellings and its impact on these residences.
(4) 
A locus plan at a scale of one inch equals 100 feet shall be submitted which shall show all property lines, the exact location of the proposed structure(s), streets, landscape features, residential dwellings, and all buildings within 500 feet of the WCF. Such plan shall also include an engineer's certification stating that all property lines of the lot on which the WCF is proposed to be located are not within 1,000 feet of any school property line.
[Amended 1-24-2022 STM by Art. 16]
(5) 
The following information shall be prepared by one or more professional engineers:
(a) 
A description, including illustrations and photographs, of the monopole and the technical, economic and other reasons for the proposed location, height and design.
(b) 
Confirmation that the monopole complies with, or is exempt from, all applicable federal and state standards.
(c) 
A description of the capacity of the monopole, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.
(d) 
Material describing a specific plan for a balloon or similar test, including the date and time, as well as a rain date and time, shall be submitted with the application. The Planning Board shall approve the plan and specify the manner by which the applicant shall give notice to the public.
(6) 
In addition to the filing fees, the applicant shall pay any additional cost of retaining professional services if such services are deemed necessary by the Planning Board.
(7) 
Any special permit granted under this section shall lapse within two years of the date of the grant, not including the time required to pursue or await the termination of an appeal under MGL c. 40A, § 17, if substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun within two years of the date of grant, except for good cause.
E. 
General requirements.
(1) 
No WCF shall be placed, constructed or modified except in compliance with this Zoning Bylaw.
(2) 
All WCFs shall be co-located, to the maximum extent practicable and technologically feasible, with one or more WCFs for which a special permit has been previously granted and whose height, location and characteristics meet the needs of the proposed new WCF. The applicant shall demonstrate to the Planning Board that it has made a reasonable effort to co-locate the proposed WCF upon an existing structure or WCF.
(3) 
All new wireless communication monopoles or support structures shall be designed and constructed, to the maximum extent practicable with existing technology and with height limits set forth in this bylaw, for co-location of antennas and other necessary facilities for at least three other wireless communication providers, and shall offer space to all other providers at market rates. Any special permit granted for a new WCF under this section shall be conditioned upon the written agreement of the WCF operator to allow the co-location of at least three other wireless communication providers on commercially reasonable terms. If co-location facilities are not installed at the time of construction of the WCF, then, at the time of any addition of a co-located facility, the holder of the special permit and the new provider shall notify the Planning Board and the Building Inspector that the installation has occurred and certify that the installation has been performed in accordance with the special permit for the WCF.
(4) 
No WCF shall contain more than one monopole, tower or other structure for elevating an antenna or dish. No more than one WCF, except co-locators, shall be constructed on one lot. In no event shall any WCF be located closer than one mile to any other such WCF, unless the applicant can show that no existing space on the existing WCF can be leased or procured.
(5) 
The maximum height of the WCF, measured from the mean finished ground level, shall not exceed 120 feet. The Planning Board may waive such requirement in exceptional circumstances to allow a greater height where such action is in the public interest and is not inconsistent with the purpose and intent of the Zoning Bylaw.
(6) 
No tower shall be located within 500 feet of any residence.
(7) 
The property line of a WCF shall be a minimum of 1,000 feet from any school property line.
(8) 
All structures associated with a WCF shall be removed within one year of the cessation of said use.
(9) 
Radiofrequency radiation measurement. After the WCF is operational, the applicant shall submit to the Planning Board and the Building Inspector, within 90 days of beginning operations, and at annual intervals, existing measurements of RFR from the WCF. All annual reports shall be due July 1 of each year. Such measurements shall be performed by an independent consultant and shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and meet FCC regulations. Testing shall be done for all freestanding facilities and all mounted facilities. The RFR shall not exceed FCC regulations.
(10) 
Noise measurement. After the WCF is operational, the applicant shall submit to the Planning Board and the Building Inspector, within 90 days of beginning of operations, and at annual intervals, existing measurements of noise from the WCF. All annual reports shall be due July 1 of each year. Such measurements shall be performed by an independent consultant and shall be signed by an acoustical engineer, stating that noise measurements are accurate. Testing shall be done for all freestanding facilities and all mounted facilities.
(11) 
As a condition for any special permit for the placement, construction or modification of a WCF, the applicant shall provide a bond, in a form acceptable to the Planning Board, or shall place into escrow a sum of money sufficient to cover the costs of removing the WCF from the subject property and, furthermore, said funds shall be held by the Town Treasurer or an independent escrow agent to be appointed by the carrier and the Planning Board. The amount of the surety shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. The applicant shall authorize and, as necessary, shall provide the authorization of the owner of the property to allow the Town or the escrow agent to enter upon the subject property to remove the WCF when the WCF has been abandoned or discontinued.
(12) 
A WCF shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was constructed for a period of one year or more. Once abandonment or discontinuance has occurred, the applicant shall remove the WCF from the subject property within 90 days. In the event that the applicant fails to remove the WCF, the Town shall give notice to the applicant and, if appropriate, the independent escrow agent that the WCF shall be removed forthwith and the Town or the escrow agent, after affording written notice seven days in advance to the applicant, shall remove the WCF.
(13) 
The special permit shall further state that, in the event the amount of surety is insufficient to cover the costs of removal, the Town may place a lien upon the property to cover the difference in cost.
(14) 
The applicant shall provide to the Planning Board a contact for emergencies, and said contact person and phone number and the owner of the WCF and phone number shall be posted on the fence surrounding the WCF.
(15) 
A qualified, independent structural engineer shall perform a structural safety inspection of the WCF at least every two years and shall deliver a copy of said reports to the Town Engineer on July 1. All structural safety deficiencies noted in any such report shall be remedied and the Town Engineer notified by the structural engineer within 60 days of the date of the report.
F. 
Design provisions. Design provisions for each WCF shall include, but are not limited to:
(1) 
No new WCF shall be placed or constructed that uses a lattice-type construction which requires three or more legs or guy wire supports or both.
(2) 
Except as provided herein, every WCF shall comply with all applicable signage regulations set forth in this section. Notwithstanding any other regulation, however, no WCF shall place any signage above the height of 10 feet as measured from the ground to the highest point of the sign or 12 feet to the top of the sign structure.
(3) 
All monopoles, antennas, antenna support structures and similar facilities shall be of neutral colors that are harmonious with, and blend with, the natural features, buildings and structures of the surrounding environment. Such structures shall be constructed out of nonreflective materials.
(4) 
Every building-mounted WCF shall be designed and located so as to appear to be an integral part of the existing architecture of the building and shall be of colors that match and/or blend with those of the building.
(5) 
The related unmanned equipment and/or building, per carrier, shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.
(6) 
There shall be a minimum of one parking space for each WCF, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.
(7) 
Every WCF shall be protected against unauthorized climbing or other access by the public. The fencing shall be compatible with the scenic character of the Town and shall not be constructed of barbed wire or razor wire.
(8) 
Wireless communications facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties.
(9) 
Applicants shall submit eight view lines shown in a one-mile radius from the site, beginning at true north and continuing clockwise at forty-five-degree intervals. Said view lines shall, to the extent feasible, be taken from existing vantage points commonly used by the public, such as public ways, buildings or facilities. The submittal shall include unaltered photographs taken from eye level, five feet above grade, which show the existing condition of these view lines, as well as accurate scale perspective elevation drawings, computer-altered photographs or other accurate representations showing said view lines with the WCF in place.
(10) 
Landscape plans submitted with the application shall identify all existing vegetation, shall indicate which vegetation is to be removed or altered, and shall show all proposed new vegetation and other landscape treatments.
(11) 
Every WCF shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and structures and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or landscape.
G. 
Environmental standards.
(1) 
No hazardous waste shall be discharged on the site of any WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
(2) 
Ground-mounted equipment for a WCF shall not generate noise in such concentrations and of such duration as to:
(a) 
Be greater than 50 dB at any audible frequency measured at the WCF property line;
(b) 
Be injurious or be, on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or
(c) 
Unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business.
H. 
Exemptions.
(1) 
The following types of WCFs are exempt from the requirements of this section but shall comply with all other applicable requirements of the Zoning Bylaw:
(a) 
A television antenna or satellite dish which is accessory to a use permitted as of right in a business or residential district, provided such use does not include the provision of wireless communications services for a fee. Such antenna or dish must be:
[1] 
Less than two meters in diameter; and
[2] 
Not visible from any neighboring property or public way.
(b) 
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC, provided that the tower is not used or licensed for any commercial purposes.
(2) 
The following types of WCFs shall not require a special permit, but shall comply with all other requirements of this section and shall require Planning Board site plan review in accordance with § 200-3.5:
(a) 
An interior-mounted WCF installed wholly within and not protruding from the interior space of an existing building or structure, excluding buildings used for residential use.
(b) 
A roof-mounted WCF installed on the roof of an existing building, providing no part of the WCF extends more than 10 feet above the existing roof and the roof of such building is at a higher elevation than any other building within 1,000 feet.
(c) 
A side-mounted WCF not projecting above the height of the existing building and not extending by more than 18 inches out from the face of the building to which it is attached.
(d) 
Any eligible facilities request as defined in this section and the Spectrum Act, 47 U.S.C. § 1455(a). Applications to modify eligible facilities shall be acted upon in accordance with the provisions of Subsection I.
I. 
Eligible facilities requests.
(1) 
Submission requirements. Applications for an eligible facilities request shall be filed with the Planning Board and Building Department. The Building Inspector shall conduct an initial review of the application within 30 days of receipt to determine whether the application is complete. A determination of completeness by the Building Inspector shall not preclude the Planning Board from requesting additional information from the applicant if new or additional information is required by the Planning Board in conducting its review. The Building Inspector shall notify the applicant within 30 days of receipt of the application if the application is deemed incomplete. Such notice shall delineate all missing documents or information.
(2) 
Review of application. The Planning Board shall conduct a limited-scope review of an eligible facilities request to determine if the proposed eligible facilities modification will result in a substantial change to the physical dimensions of an eligible facility. An eligible facilities request substantially changes the physical dimensions of an eligible facility if it meets any of the criteria established in the FCC Eligible Facilities Request Rules.
(3) 
Approval. Within 60 days of the filing of a complete eligible facilities request, less any time period that may be excluded pursuant to a tolling agreement between the applicant and the Planning Board, the Planning Board shall complete its limited-scope site plan review and approve the application unless the Planning Board determines that the application does not meet the definition of an existing eligible facility subject to the Spectrum Act, or the proposed eligible facility request proposes modifications that will substantially change the physical dimension of an eligible facility.

§ 200-9.8 Adult use recreational marijuana establishments.

[Added 12-4-2017 STM by Art. 2; amended 12-10-2018 STM by Art. 2]
A. 
Purpose and intent. The purpose of this bylaw is to allow for the siting of state-licensed marijuana establishments in appropriate locations consistent with MGL c. 94G and 935 CMR 500.00 and any other applicable state laws and regulations regarding adult use marijuana, also known as "adult use, recreational or nonmedical marijuana," and to impose reasonable time, place and manner restrictions on such establishments to ensure public health, safety and well-being and mitigate against undue impacts on the natural and built environment of the Town and its residents.
B. 
Special permit granting authority and site plan review. Marijuana establishments shall be permitted only in accordance with this Zoning Bylaw and pursuant to a special permit and site plan review approval. The Planning Board shall be the special permit granting authority (SPGA) under this section.
C. 
Definitions. Where not expressly defined herein, terms used in this bylaw shall be interpreted as defined in the regulations governing adult use of marijuana (935 CMR 500.00) and otherwise by their plain language.
D. 
Marijuana Overlay District.
(1) 
Establishment. There is hereby established in the Town of Northfield a Marijuana Overlay District, the boundaries of which are shown on the Zoning Map on file with the Town Clerk.
(2) 
Marijuana Overlay District (MOD) uses.
(a) 
Land within the MOD may be used for:
[1] 
All marijuana establishments, as defined herein, subject to the provisions of this bylaw; or
[2] 
A use allowed in the underlying district, in which case the requirements of the underlying district shall apply.
(b) 
Within the MOD, all requirements of the underlying zoning district remain in effect, except where this bylaw provides an alternative to such requirements. If the provisions of this bylaw are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MOD conflict with the requirements of the underlying district, the requirements of the MOD shall control.
E. 
Location and dimensional controls.
(1) 
Marijuana establishments may be permitted only in the MOD and the designated locations set forth in the Schedule of Uses, § 200-5.4 of this Zoning Bylaw.
(2) 
Marijuana establishments shall not be located within 500 feet of any existing public, parochial, or private school providing K-12 education, or college or state-approved day-care center. The distances under this subsection shall be measured in a straight line from the nearest point of the property line of the protected uses identified above to the nearest point of the property line of the proposed marijuana establishment.
(3) 
Marijuana establishments shall be located only in permanent buildings and not within trailers, cargo containers, motor vehicles or other similar nonpermanent, movable enclosures.
(4) 
No marijuana establishment shall be permitted to provide a drive-through service.
(5) 
Unless explicitly stated otherwise, marijuana establishments shall meet the setback requirements of § 200-7.1 and all other dimensional requirements of the appropriate district as specified in this bylaw.
[Amended 1-24-2022 STM by Art. 16]
(6) 
Marijuana establishments shall employ odor-control technology such that no odor from any marijuana establishment can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment or at any adjoining use or property.
(7) 
Lighting at marijuana establishments shall comply with this bylaw and be shielded so as not to shed light onto adjacent properties. The Planning Board may require any artificial lighting system to employ only LED components equipped with deflectors in order to mitigate potential light pollution.
F. 
Site development, permitting standards and application. In addition to the special permit requirements found in § 200-3.4 and the site plan review requirements found in § 200-3.5 of this bylaw, the following shall also apply to all marijuana establishments:
(1) 
Site screening. Rear and side property lines shall be screened from any neighboring residential, educational, child care or recreational uses or properties. Screening shall be determined per site plan review.
(2) 
Signs. All signs for a marijuana establishment must meet the requirements of § 200-8.4 of this bylaw and the state regulations (935 CMR 500.00 et seq.).
(3) 
Buildings. Appearance of buildings for marijuana establishments shall be consistent with the appearance of other buildings in Northfield, not employing unusual color or building design which would attract attention to the premises; provided, however, that marijuana retailers are limited to 1,500 square feet of gross floor area.
(4) 
Cultivation. Marijuana shall be only grown indoors in greenhouses, barns or other buildings to minimize public nuisances, including odors, noise, and lighting, to neighboring properties.
(5) 
Marketing. Marijuana establishments shall not be allowed to disseminate or offer to disseminate marijuana marketing materials to minors or suffer minors to view displays or linger on the premises. No free samples may be provided by marijuana establishments to consumers.
(6) 
Applications. Any applicant requesting permission to operate a marijuana establishment must file their application with the Planning Board and the Town Clerk. In addition to the information required by § 200-3.4, Special permits, the application shall also include:
(a) 
The name and address of the legal owner and licensee of the marijuana establishment;
(b) 
The name and address of all persons having lawful, equity or security interests in the marijuana establishment;
(c) 
The name and address of the manager of the licensed marijuana establishment;
(d) 
The number of proposed employees;
(e) 
Proposed security precautions;
(f) 
A detailed floor plan of the premises of the proposed marijuana establishment that identifies the square footage available and describes the functional areas of the facility.
(g) 
A site plan that includes the following information:
[1] 
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, signage and all other applicable provisions of the Zoning Bylaw;
[2] 
Convenience and safety of vehicular and pedestrian movement on the site to provide secure and safe access and egress for clients and employees arriving to and from the site;
[3] 
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off site can reasonably be expected to be substantially affected by on-site changes;
[4] 
Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
[5] 
Site design such that it provides convenient, secure and safe access and egress for clients and employees arriving to and from the site;
[6] 
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
[7] 
Adequacy of water supply, surface and subsurface drainage and light.
(h) 
Submission of a complete list of chemicals, pesticides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use. Depending on the quantities proposed to be used or stored on site, the Planning Board may request that a hazardous materials management plan be prepared to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism. The plan should include spill containment and cleanup procedures, and provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.
(i) 
Submission of a water management and efficiency plan. Applicants shall provide expected water usage amounts for cultivation or processing and shall address whether such amounts will impact nearby public or private drinking water supplies or other water resources in the area.
(j) 
Submission of an odor-control plan detailing the specific odor-emitting activities or processes to be conducted on site, the source of those odors, the locations from which they are emitted from the establishment, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative of odor-control technology, including maintenance of such controls.
(k) 
Evidence that the applicant has executed a host community agreement with the Town of Northfield for the marijuana establishment.
(7) 
Change in license or owner. The owner and licensee of any marijuana establishment issued a special permit under this bylaw shall report, in writing, within 10 business days any change in the name of the legal owner of the marijuana establishment or any expiration or suspension of a license to the Building Inspector and Planning Board. Any failure to meet this requirement of this bylaw will result in the immediate issuance of a cease and desist order by the Building Inspector, ordering that all activities conducted under the special permit cease immediately.
(8) 
Change of ownership. A special permit issued under this section shall lapse upon any transfer of ownership or legal interest of more than 10% or change in contractual interest in the subject premises or property. The special permit may be renewed thereafter only in accordance with this section and § 200-3.4 (special permits) and § 200-3.5 (site plan review) of this bylaw.
[Amended 1-24-2022 STM by Art. 16]
(9) 
Conditions. The Planning Board may impose conditions reasonably appropriate to improve site design, traffic flow, and public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's marijuana establishment, the Planning Board may include the following conditions in any special permit granted under this section:
(a) 
Hours of operation shall be required for all retail marijuana establishments.
(b) 
A security plan shall be required for all marijuana establishments, which shall be subject to approval by the Fire and Police Chiefs and submitted to the Planning Board and updated on an annual basis.
(c) 
Marijuana establishments may not operate, and the special permit will not be valid, until the applicant has obtained all licenses and permits issued by the Commonwealth of Massachusetts and any of its agencies for the marijuana establishment.
(d) 
A special permit may be transferred to a new owner/operator of the marijuana establishment only with the approval of the Planning Board in the form of a modification to the special permit.
(e) 
The special permit shall lapse upon the expiration or termination of the applicant's license by the Cannabis Control Commission.
(f) 
The special permit holder shall notify the Building Inspector and Planning Board, in writing, within 48 hours of the cessation of operation of the marijuana establishment or the expiration or termination of the permit holder's license with the Cannabis Control Commission.
[Amended 1-24-2022 STM by Art. 16]
(10) 
Waiver. When reviewing an application for a special permit, the Planning Board may 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, or environmental or historic resources. Waiver requests 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 on the plan filed with the Town Clerk.
(11) 
Outside consultants. The Planning Board may hire professional consultants at the applicant’s expense pursuant to MGL c. 44, § 53G, to assist with review of a special permit application, provided that the procedures for hiring outside consultants are set forth in the Planning Board's rules and regulations.
G. 
Expiration. A special permit to operate a marijuana establishment shall expire after a period of five calendar years from its date of issuance but shall be renewable for successive five-year periods thereafter, provided that a written request for such renewal is made to the Planning Board at least 60 calendar days prior to said expiration and further provided that no objection to said renewal is made and sustained related to compliance with the conditions of the special permit as well as public safety factors applied at the time the special permit renewal is requested.
H. 
Designated number of marijuana retailers. The number of licensed marijuana retailers establishments permitted under this bylaw in the Town of Northfield shall be limited to 20% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138, § 15. For the purposes of determining this limit and in the event that 20% of said licenses is not a whole number, any fraction shall be rounded up to the next highest whole number.
I. 
Prohibition against on-site consumption. No marijuana shall be smoked, eaten, or otherwise consumed or ingested in public or on the premises of a marijuana establishment unless expressly permitted under this law and permitted by state law or regulation. The prohibition on on-site consumption shall also include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.
J. 
Prohibition against nuisances. No use shall be allowed at a marijuana establishment which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including but not limited to fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
K. 
Severability. The provisions of this bylaw are severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.