The owner of any land located in this district, or his agent, may apply to the Board of Appeals for a special permit for the construction of any structure which would have been permitted on said land prior to the adoption of this article, or for filling, drainage, dredging or excavation.

No permit shall be granted which will adversely affect the natural character of the area in which the land referred to in the application is located.

No such permit shall be granted except after notice and hearing as is provided by law for the granting of variances. In addition, notice shall be given by registered mail to the Chair of the Conservation Commission or his designated representative.

The Conservation Commission shall file a report setting forth the opinion of the Conservation Commission as to whether or not the granting of a permit will be consistent with the natural character of the area and the aims and purposes of the Conservation Commission. If the Conservation Commission shall fail to file its report on or before the date set for the hearing on the permit, the Board of Appeals shall assume that the Conservation Commission has no objection to the granting of the permit, and the Conservation Commission shall have no standing to appear to be heard in any further proceedings relative to such permit.

Floodplain, Watershed and Wetlands Protection District (hereinafter the "District") shall include all land designated as such and shown and delineated on a set of maps of the Town of Norwell entitled "Town of Norwell, Wetlands Maps," dated April 5, 1974, by Moore Survey & Mapping Corporation, Shrewsbury, Massachusetts, with amendment adopted March 9, 1981, as shown on a plan entitled "Plan of 1981 Amendment to Town of Norwell Wetlands Maps," dated January 5, 1981, by Bradford Saivetz & Associates, Inc., Braintree, Massachusetts. The District includes all special flood hazard areas within the Town of Norwell designated as Zone A and AE on the Plymouth County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The map panels of the Plymouth County FIRM that are wholly or partially within the Town of Norwell are panel numbers 25023C0094K, 25023C0104K, 25023C0108L, 25023C0112K, 25023C0113K, 25023C0114K, 25023C0116K, 25023C0117L, 25023C0118K, 25023C0206K, and 25023C0207K dated July 6, 2021, and panel number 25023C0119K dated November 4, 2016, and panels 25023C0092L, 25023C0103L and 25023C0111L dated July 3, 2024. A panel spreadsheet is set forth below:

The District shall be considered to be superimposed over any other district established by this Zoning Bylaw. All land in the district is subject to the regulations set forth in this article. In unnumbered A Zones of the Flood Insurance Rate Maps, the Building Inspector/Zoning Enforcement Officer shall require the applicant to provide the best available one-hundred-year flood elevation data available from federal, state, local or other source for requiring new structures and substantial improvements to existing structures to meet the elevation and floodproofing standards of the Massachusetts State Building Code.

The floodplain management regulations found in this District shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

All development in the District including structural and nonstructural activities whether permitted by right or by special permit must be in compliance with the following:

All subdivision proposals and development proposals in the District shall be designed and reviewed to assure that:

All property within the floodplain as delineated on Norwell's Flood Insurance Rate Maps (FIRM) is subject to the provisions of the National Flood Insurance Program (NFIP).

To ensure public safety through reducing the threats to life and personal injury.

To eliminate new hazards to emergency response officials.

To prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

To avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

To eliminate costs associated with the response and cleanup of flooding conditions.

To reduce damage to public and private property resulting from flooding waters.

To provide the lands in the Town subject to seasonal and/or periodic flooding shall not be used for residential or other purposes in such a manner as to endanger the public health, safety and general welfare of inhabitants thereof.

To protect, preserve and maintain the water table and water recharge areas within the Town, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town of Norwell.

To assure the continuation of the natural flow pattern of the watercourses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and provide against the hazards of floodwater inundation.

The Town of Norwell hereby designates the position of Building Inspector/Zoning Enforcement Officer to be the official floodplain administrator for the Town.

Whenever an application is made for a building which the Building Inspector/Zoning Enforcement Officer believes may involve the use of land in the District, he shall determine, by any means at his disposal, whether the parcel identified in the application lies within the District.

In order to expedite this determination, the Building Inspector/Zoning Enforcement Officer shall at his request be provided by the applicant a complete topographic plan of the area proposed for use prepared by a registered professional engineer or registered land surveyor showing elevations of the land, contours at one-foot intervals to the same base and scale as that on the Floodplain, Watershed and Wetlands Protection District maps of the Town, and showing all pertinent information including existing brooks, streams, river and areas of ponding, the extent and depth of proposed excavation and/or filling and limits of other proposed construction and/or appurtenant work.

In case of a building permit for an interior improvement to a building or structure, the foregoing overall topographic plan shall not be required.

In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

The Town requires a permit for all proposed construction or other development in the District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

The Town's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

Proper operation and maintenance of dams and other water control devices for drainage or flood control.

Temporary alteration of water level for emergency or maintenance.

Appropriate governmental use, including water and sewerage works, pumping stations and river and stream clearance.

Conservation of soil and plants and wildlife management.

Outdoor recreation including play areas, nature study, boating, foot, bicycle and horse paths and bridges, fishing and hunting where otherwise legally permitted but excluding buildings and structures therefor.

Uses and interior improvements of buildings or structures lawfully existing prior to adoption of this article or for which a building permit has been issued prior to adoption of this article.

Forestry, grazing, farming, nurseries and truck gardening.

Accessory uses to any of the above permitted uses.

Schedule of special permit uses. Where otherwise legally permitted by the provisions of this Zoning Bylaw applicable to the underlying districts in which the District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this article, the following uses are permitted by special permit granted by the Board of Appeals in accordance with the provisions of Subsection B:

Considerations. In hearing an application for a special permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors:

Criteria for approval. Whenever the Board of Appeals is authorized to issue a special permit for a use under this article, said Board shall assure that such use shall be consistent with the purposes of this article and will:

Except as provided in § 201-18.6, no building, wall, dam or other structure shall be created, constructed, altered, enlarged or otherwise created or moved in the District for any purpose.

No dumping, filling, excavating or transferring of any material which will reduce or impair natural water storage or recharge capacity of any land within the District or interfere with the natural flow patterns of any watercourse within the District shall be permitted.

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing, over the signature of a community official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates or flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the District.

FEMA Region I Risk Analyst Branch Chief

NFIP State Coordinator

Adjacent communities, especially upstream and downstream.

Bordering states (optional).

NFIP State Coordinator

NFIP Program Specialist

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

To preserve and maintain the quality of the surface and ground water within the Town of Norwell, so as to preserve the present and potential water supplies for the public health and safety of the inhabitants of the Town.

To protect such groundwater from the danger of accidental spills and discharge of petroleum products and other toxic and hazardous materials, and from sewage discharge, all of which pose potential public health and safety hazards and threaten economic losses to the Town.

To enhance groundwater recharge in aquifer recharge areas.

Schedule of special permit uses. Where otherwise legally permitted by the provisions of this Zoning Bylaw applicable to the underlying districts in which the Aquifer Protection District is located, and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purpose of this article, the following uses are permitted by special permit granted by the Board of Appeals in accordance with the provisions of Subsections B through E:

For any use for which a special permit is required under the provisions of this bylaw the applicant shall submit, in addition to any other information required to be submitted, the following:

Referral. Upon receipt of the special permit application, the Board of Appeals shall transmit one copy to the Board of Water Commissioners and any other relevant Town agency, board or department for their written recommendations. The necessary number of copies of the application shall be furnished by the applicant. Failure by an agency to respond in writing within 35 days shall indicate approval or no desire to comment by said agency.

Considerations. In hearing an application for a special permit hereunder, the Board of Appeals shall consider, in addition to any other factors said Board deems pertinent, the following factors:

Criteria for approval.

Sanitary landfills, landfills receiving only wastewater residuals and/or septic residuals or other disposal of solid waste.

Motor vehicle salvage operations and junkyards.

Municipal sewage treatment facilities with on-site disposal of primary or secondary treated effluent.

Car or truck washes.

Road salt or other de-icing chemical stockpiles.

Dumping of snow from outside the district.

Self-service laundries, unless connected to public sewerage.

Dry-cleaning establishments.

Airplane, boat and motor vehicle service and repair, including auto body shops.

Metal plating, finishing or polishing.

Chemical and bacteriological laboratories.

Storage and/or sale of petroleum or other refined petroleum products, except within the building it will be used to heat.

Commercial photographic processing, with discharge to the ground.

Commercial printing, other than xerographic reproduction.

The rendering impervious of more than 15% of any lot or 2,500 square feet of any lot, whichever is greater, unless a system of groundwater recharge of precipitation is provided that will not result in degradation of groundwater, and with the determination, as to whether the recharge system is sufficient, to be made by the Planning Board following an administrative review (at a public meeting, but with no public hearing required), and with peer review at the applicant's expense to be provided, as necessary at the discretion of the Planning Board.

Hotel or motel, unless connected to public sewerage.

Any commercial/industrial facility or use which involves as a principal or secondary activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials, wastes or animal manure except as allowed by special permit in § 201-19.6.

Non-sanitary treatment or disposal works that are subject to 314 CMR 4.00 and 5.00 except the following:

The removal of soil, loam, sand and gravel within four feet of the historic high groundwater elevation, with the following exceptions: removal of soil for road excavations, building foundations and utility works.

Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. Storage of toxic or hazardous materials must meet the requirements of 310 CMR 22.21(2)(b)5. For operations which allow the evaporation of toxic or hazardous materials into the interior of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.

Location. Where the premises are partially outside of the Aquifer Protection District, potential pollution sources such as on-site waste disposal systems shall be located outside the district to the extent feasible.

For any toxic or hazardous materials to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.

Drainage. All runoff from impervious surfaces shall be recharged on the site and recharge from pervious surfaces to the extent possible. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. If dry wells are utilized, the property owner shall be required to have oil, grease and sediment traps cleaned annually and to provide the Building Inspector/Zoning Enforcement Officer, on an annual basis, with proof of such cleaning.

The purposes of this bylaw shall be to promote and reasonably regulate the installation of Solar Energy Systems as defined herein and as required under MGL c. 40A, § 3, Paragraph 9 and to authorize such installations:

The Town seeks to incentivize the installation of solar energy systems within already developed sites and on lands with lesser environmental values (e.g., existing parking lots and other impervious areas and roofs) and to prohibit installation of solar energy systems within jurisdictional wetlands in accordance with Policy 17-1 as issued by the Massachusetts Department of the Department of Environmental Protection.

Solar roof-mounted installation. A solar roof-mounted installation shall be allowed by right in all zoning districts on any residential dwelling and shall be allowed as of right on any nonresidential building that conforms to all dimensional requirements in the district where the land is located.

Solar parking canopy. A solar parking canopy shall be allowed as of right in all C Districts and shall be allowed as of right following site plan review and approval by the Zoning Board of Appeals in all B Districts and shall be allowed upon issuance of a special permit by the Zoning Board of Appeals in all other districts as provided for in this article.

Small-scale ground-mounted solar electric installation. A small-scale ground-mounted solar electric installation shall be allowed as of right in all B and C Districts following site plan review and approval by the Zoning Board of Appeals and shall be allowed in all other zoning districts upon issuance of a special permit from the Zoning Board of Appeals as provided for in this article. No such installation shall be allowed in a wetland area.

Medium-scale ground-mounted solar electric installation. A medium-scale ground-mounted solar electric installation shall be allowed as of right in all C Districts following site plan review and approval by the Zoning Board of Appeals and allowed in all B Districts as of right following site plan approval by the Zoning Board of Appeals and shall be allowed in all remaining districts upon issuance of a special permit from the Zoning Board of Appeals as provided for in this article. No such installation shall be allowed in a wetland area.

Large-scale ground-mounted solar electric installation. A large-scale ground-mounted solar electric installation shall be allowed as of right in all C Districts upon obtaining site plan approval from the Zoning Board of Appeals and shall be allowed in all other districts upon issuance of a special permit from the Zoning Board of Appeals as provided for in this article. No such installation shall be allowed in a wetland area.

Compliance with laws, ordinances, and regulations. All solar electric installations shall be constructed and operated in compliance with all local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar electric installation shall be constructed in accordance with the current Massachusetts State Building Code.

Building permit and building inspection. All solar electric installations shall obtain all necessary construction permits and inspections prior to and during construction, installation, modification, or removal.

Site plan review.

Operation and maintenance plan. All solar electric installation proponent shall submit a plan for the operation and maintenance of the solar installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

Utility notification. All solar electric system installation proponents shall provide evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar electric installation owner's or operator's intention to install an interconnected customer-owned generator. No construction of a ground-mounted solar electric installation shall begin, and no building permit shall issue until evidence is provided to the Building Official and the Board of Appeals that the utility company that operates the electrical grid where the installation is to be located has approved the connection of the proposed generator into the power grid. Off-grid systems shall be exempt from this requirement.

Payment in lieu of taxes (PILOT). All ground-mounted solar photovoltaic installation proponents may execute a PILOT agreement with the Select Board prior to construction of the installation.

Mitigation for loss of forest habitat within the installation.

Setbacks. There shall be no construction or installation of any medium- or large-scale ground-mounted solar electric system within the following required property boundary setbacks:

Vegetation buffers and screening.

Height.

Exemptions. As-of-right solar electric installations shall not be subject to § 201-9.2, Lot area, § 201-9.5, Lot shape, and § 201-9.3, Lot frontage and width bylaw requirements.

Minimum area required. Special permit solar electric installations shall be subject to the same requirements of § 201-9.2 Lot area, § 201-9.5, Lot shape, § 201-9.3, Lot frontage and width, that apply to all other uses; however, the special permit granting authority shall have the discretion to waive one or more of these requirements, provided that the special permit granting authority finds, in its discretion, that the applicant has mitigated the visibility of the solar field from nearby ways and nearby residential uses, to the extent feasible as provided for under § 201-22.4G(6).

Lighting. Lighting of ground-mounted solar electric installations shall be the minimum required to provide security and for the safe operation of the facility. Lighting shall be directed downward, away from surrounding properties, and shall incorporate full cutoff fixtures to reduce light pollution. All outdoor lighting fixtures shall be International Dark Sky (or equivalent) compliant and carry the IDA Fixture Seal of Approval (or equivalent). All outdoor lighting fixtures shall be fully shielded from any adjacent residential use or boundary line and shall emit no light onto adjacent property and shall emit no light above the horizontal plane. The lighting shall be motion sensitive and on timers that restrict the lighting to no more than 10 minutes' duration unless there is movement.

Signage.

Control of vegetation.

Visual impacts.

Utility connections. Best efforts shall be made to locate all utility connections from the facility underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Power. All electric power generated at a ground-mounted solar electric installation shall be from solar energy.

Access. Driveways shall be constructed to minimize:

Emergency services.

Land clearing, soil erosion and land impacts.

Habitat impacts. Large-scale ground-mounted solar electric installations shall not be located on permanently protected land subject to MGL c. 184, §§ 31 through 33, Priority Habitat and Bio Map 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage and Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP.

Wetlands.

Fencing. The installation shall be securely fenced around the entire perimeter of the installation with a fencing type satisfactory to the Board of Appeals.

Accessory structures. Structures accessory to the installation shall be confined to inverters, transformers, and equipment boxes necessary for the operation of the facility and buildings which enclose that equipment. Other structures proposed shall conform to district regulations, Part 2, of the underlying zoning district.

Monitoring, maintenance and reporting.

Removal requirements. Any ground-mounted solar electric installation which has reached the end of its useful life or has been abandoned consistent with Subsection B shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Board of Appeals and the Building Department by certified mail of the proposed date of discontinued operations and plans for removal at least 30 days prior to the discontinuance of operations and intended decommissioning. Decommissioning shall consist of:

Decommissioning by Town. If the owner or operator of a ground-mounted solar electric installation fails to remove such installation as required, the Town may, after full compliance with applicable state and federal requirements, enter the property and physically remove the installation and stabilize the site, at the owner's expense, drawing upon the financial surety provided or the imposing the lien allowed under MGL c. 40, § 58 (i.e., to treat the costs incurred and the surety as liens under MGL c. 40, § 58).

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a ground-mounted solar electric installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Board of Appeals. If the owner or operator fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the right, but not the obligation, through easement or license to enter the property and physically remove the installation and use the security provided by the operator to do so, following proper access to the funding.

Financial surety. Proponents of a ground-mounted solar electric system shall provide a form of surety, either through an escrow account, consisting of cash or a surety bond (with no termination date) or otherwise, in a form acceptable to the Town of Norwell acting by the Board of Appeals, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Board of Appeals. Such surety may not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer, and reviewed by the Town engineering consultant. The amount shall include a 50% contingency for increased removal costs due to inflation. There shall be a surety agreement that provides for the conditions under which the Town may access the funds in the event of a default and that also provided for the Town to obtain a lien against the property in the full amount of the surety or the cost at that time to decommission the project, whichever amount is greater, in the event the surety terminates for any reason other than through proper and satisfactory decommissioning. The surety agreement shall provide an easement to the Town to allow entry to decommission.

Purpose and intent. It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities, consistent with the provisions of Sections 253 and 704 of the Federal Telecommunications Act of 1996. The bylaw enables the review and approval of personal wireless service facilities by the Town's Board of Appeals in keeping with existing bylaws and historic development patterns. It sets standards which are intended to preserve the safety, character, appearance, property values, natural resources and historic sites of the Town; mitigate any adverse visual effects through proper design, location and screening of structures; and to encourage co-location of antennas where feasible in order to minimize the total number of sites required.

Scope. This article shall apply to all wireless telecommunications antennas and towers and related equipment, fixtures and enclosures, including any modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communications antennas, amateur (ham) radio or citizens band radio antennas, or to non-transmitting television antennas.

Use regulations. A personal wireless service facility shall require a building permit in all cases, and may be permitted as follows:

Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:

Dimensional requirements. Personal wireless facilities shall comply with the following requirements:

Design standards.

Environmental standards.

Safety standards.

Special permit granting authority. The special permit granting authority for personal wireless service facilities shall be the Board of Appeals.

Site plan approval. Applications require approval of a site plan consistent with § 201-3.4, except that such approval is required in all districts.

Application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:

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

Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a special permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:

In the event that co-location is found to be not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for co-location.

If the applicant does not intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out.

If the Board of Appeals approves co-location for a personal wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit.

Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.

The applicant and/or co-applicant wants to alter the terms of the special permit by changing the personal wireless service facility in one or more of the following ways:

The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.

Within 90 days of the beginning of operations, and annually thereafter, the applicant shall submit measurements of RFR from the personal wireless service facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in § 201-23.3C(1).

The applicant and co-applicants shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer area and landscaping.

At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.

Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

If a carrier fails to remove a personal wireless service facility in accordance with this section of this bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Board of Appeals may require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless facility in the event the Town must remove the facility.

Dwelling units for occupancy by individuals 55 years of age or older; and

Mixed and diverse varieties of housing, including single-family, townhouse and multifamily housing;

Affordable housing; and

Development that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas to the greatest extent feasible.

Attached or detached dwelling units owned and occupied by persons aged 55 and over; provided, however, that one spouse may be under 55.

Structures and uses accessory to the use set forth above, including community buildings serving the residents of the VROD Development; recreational facilities; underground utilities located on a lot not serving the dwelling units but on the subject property; and roadways.

All of the information required for site plan approval pursuant to Zoning Bylaw § 201-3.4B.

The name(s) and address(es) of the applicant(s).

The name(s) and address(es) of all legal and beneficial owners of the property.

Copies of all instruments, options, contracts or encumbrances affecting ownership of the subject property; and an instrument executed by all persons owning property within the subject property consenting to the VROD.

Development application for the property.

A proposed development schedule showing the beginning of construction, the rate of construction, including any proposed phases, and the estimated date of completion.

A narrative prepared by qualified professionals that details the impact of the development on the Town's capacity to furnish services, including, but not limited to, roads, water, sanitation and drainage.

Information regarding the number and kind of dwelling units (single-family, townhouse, multifamily) and accessory structures proposed, their design, their location, the number of bedrooms, the sale prices and fees anticipated and population projections pertaining thereto.

Areas to be set aside for building structures and parking areas.

Conservation, recreation easements and other easements.

Information regarding the proposed trust instrument that shall own and be responsible for operation, maintenance, repair and replacement of common infrastructure, including the accessways, drainage, septic, irrigation, and other common areas.

Copies of all proposed deed restrictions to assure permanent resale of the required units at affordable prices.

Any other information that the Planning Board may reasonably require in a form acceptable to it to assist the Board in determining whether the applicant's proposed development plan meets the objectives of this article.

Qualifying area. The VROD property shall be located within the VROD and shall contain at least 10 contiguous upland acres.

Density bonus. A VROD Development property shall provide at least one acre of upland per proposed dwelling unit plus a VROD density bonus ranging from 30% to 80%, at the Planning Board's discretion. When the bonus calculation results in a fraction, the value shall be rounded up to the nearest whole number. All other numbers shall be rounded down to the nearest whole number.

Example: A VROD Development with 10 acres of upland would have a base of 10 units plus at least a 30% density bonus (i.e., a minimum of three bonus units for an allowed total of 13 units).

Determination of density bonus. The Planning Board shall determine the allowed density bonus by exercising its discretion based upon the special permit criteria and how well they are satisfied.

Existing dwellings. Existing dwellings on the VROD Development property may be incorporated into a proposed VROD Development; however, the existing units shall count toward the density calculation.

Minimum open space. At least 35% of all upland contained within the VROD Development property shall be open space, which upon completion of a VROD Development shall be left in its natural vegetated state in perpetuity. A permanent restriction enforceable by the Town shall be recorded against the VROD Development property before any clearing begins or any building permit issues that provides that the open space shall perpetually be kept in an open or natural state. Subsurface wastewater and stormwater management systems serving the VROD Development may be located within the open space, provided that a sufficient open space buffer exists to adequately screen the development from abutting properties in accordance with § 201-24.7D hereof.

Buffer.

Roadways and paths. VROD Development roadways that are intended to become public ways shall satisfy all of the Planning Board's Subdivision Regulations. If a restrictive covenant is provided to prohibit the ways from becoming public (enforceable by the Town), then the regulations may be waived and the ways shall be designed to be adequate for the intended vehicular and pedestrian traffic and shall be maintained by an association of unit owners or by the applicant. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, and access to the amenities and facilities on the site and to paths on adjacent sites.

Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces.

Surface drainage.

The stormwater drainage system for the VROD Development shall be designed in accordance with the Subdivision Regulations of the Planning Board, the rules and shall conform to DEP's Stormwater Management Policy and Design Guidelines, as amended. The Planning Board may require groundwater mounding analyses at its discretion.

Utilities. All electric, gas, telephone, cable, fiber optic, water distribution and similar lines shall be placed underground.

Dwelling units on a lot. The development of one or more dwelling units on a lot or lots shall be permitted in an application to construct a VROD Development. Dwelling units may be situated on any common or individual lot consistent with the overall design objectives of the VROD; provided, however, that such dwelling units shall comply with the provisions of the State Building Code, State Fire Code and State Sanitary Code, 310 CMR 15.00, any other applicable state regulations and also shall comply with the local requirements of the Norwell Board of Health.

At least 10% (and up to 20% based upon the Planning Board's sole discretion) of the dwelling units shall be priced and permanently restricted for qualified affordable housing purchasers and qualify as local action units for inclusion in the Town's Subsidized Housing Inventory maintained by the Department of Housing and Community Development. Where this calculation results in a fraction, the value shall be rounded up to the nearest integer value. Example: if there are 17 total dwelling units then 10% of the 17 units (i.e., 1.7 units, rounded up to two units) shall be permanently restricted as affordable units to a household earning 80% of the area median income, as determined by HUD and DHCD.

The rate of development of affordable dwelling units and market-rate housing built in any one year shall be equivalent to the overall rate of development for the entire VROD Development.

Deed restrictions, acceptable to the Town and established in accordance with the standards of DHCD, shall be placed on the appropriate dwelling units to ensure that the affordable housing units created remain affordable housing units in perpetuity, or for as long a period as is allowed by law.

Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the adoption of this zoning amendment.

Regulations. The Planning Board may adopt and maintain a set of regulations that contain the necessary policies, procedures, and requirements to implement the provisions of this bylaw.

Affordable dwelling units shall be situated within the VROD so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.

Affordable dwelling units shall be integrated with the rest of the VRD and shall be compatible in design, appearance, construction, and quality of materials with other units to the extent that such a requirement is consistent with MGL c. 40A, § 3. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.

With the approval of the Planning Board, as an alternative to the requirements of § 201-24.9F, an applicant may develop, construct or otherwise provide affordable dwelling units off-site, but within the Town, provided that the affordable units are equivalent in size and quality to the on-site units and that are double the number of units required to be included on site, and provided that all of the off-site affordable units are constructed and have occupancy permits before the second half of building permits are issued for the on-site project. To the maximum extent practicable, all requirements that apply to on-site affordable dwelling units shall apply to off-site affordable dwelling units. The Planning Board's approval of the location of the off-site units shall be an integral element of the special permit review and approval process.

Each affordable dwelling unit created in accordance with this article shall be subject to an affordable housing restriction (deed rider) and a regulatory agreement in a form acceptable to the Planning Board and to Town Counsel and to DHCD. The regulatory agreement shall be consistent with any applicable guidelines issued by DHCD and shall ensure that affordable dwelling units can be counted toward the Town's subsidized housing inventory as local action units. The regulatory agreement shall also address all applicable restrictions set forth herein. The special permit shall not take effect until the restrictions, the regulatory agreement, and the special permit have been duly recorded at the Registry of Deeds, and a copy provided to the Planning Board and the Building Inspector/Zoning Enforcement Officer and DHCD.

Each affordable dwelling unit shall have limitations governing its resale through the use of a regulatory agreement (See § 201-24.9I above.). The purpose of the limitations is to preserve the permanent affordability of the units and to ensure the continued availability of the units for affordable income households. The resale controls shall be established through a restriction on the property, and shall be in force in perpetuity.

Primary purposes. The primary purposes for open space residential design (OSRD) are the following:

Secondary purposes. The secondary purposes for OSRD are the following:

Applicability. Special permits for OSRD definitive subdivisions are allowed in all residential districts.

Minimum size of subject property. To be eligible for consideration for an OSRD special permit, the subject property shall contain a minimum of five acres. The Planning Board may waive this requirement if the land offers opportunities for contiguous open space and the Planning Board deems that the design satisfies the purpose and intent of this bylaw.

Contiguous parcel. The Planning Board may determine that two or more parcels separated by a road or other man-made feature are "contiguous" for purposes of this section if they satisfy the purpose and intent of this bylaw.

Pre-application conference. The applicant is required to attend a pre-application conference, which may occur at one or more regular meetings of the Planning Board. The parties at the pre-application conference shall discuss the OSRD design process and criteria set forth in this bylaw. The Planning Board shall invite to the pre-application conference the Conservation Commission, Board of Health and any other Town officers or representatives whose input is deemed by the Planning Board to be necessary and in the Town's best interest. The purpose of a pre-application conference is to attempt to minimize the applicant's costs of engineering and other technical experts, and to discuss the proposal with the Planning Board at the earliest possible stage in the development.

Timetable. At the pre-application conference, the applicant shall outline the proposed OSRD project and seek preliminary feedback from the Planning Board and/or its technical experts.

Technical experts. The Planning Board shall discuss engaging technical experts at the expense of the applicant to review the submittals required for the OSRD special permit.

Pre-application site visit. Prior to the pre-application conference, the Planning Board may require a site visit in order to better understand the site and facilitate pre-application review of the OSRD proposal.

Pre-application conference submittals.

Application.

Yield plans. Two yield plans shall be submitted to the Planning Board:

Development plan. The development plan shall bear the seal and certification of a registered landscape architect, or a multidisciplinary team of which one member is a registered landscape architect. The plan shall show the existing conditions of the subject parcel, identify the proposed open space and developable areas, and adhere to plan design components defined by § 201-25.6 of this bylaw.

Design. Applicants shall demonstrate to the Planning Board that the following OSRD design process was followed in determining the layout of proposed open space, streets and house lots:

Reduction of dimensional requirements. In an OSRD development, the Planning Board may authorize a reduction in any of the intensity of use and dimensional requirements in the Zoning Bylaw. The following standards shall apply:

Open space requirements. A minimum of 50% of the upland on the subject property shown on the approved development plan shall be permanently protected as open space. Any proposed open space, unless conveyed to Norwell's Conservation Commission, shall be subject to a recorded conservation restriction, providing that such land shall be perpetually kept in an open state and be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner consistent with its intended purpose as open space.

Roadway design and construction. Streets in OSRD definitive subdivisions shall adhere to the traditional subdivision requirements as set forth in the most recent Planning Board rules and regulations except as superseded by the following standards in Subsection D(1) to (5). The Planning Board reserves the right to waive strict compliance with any part of this section if the specific waivers comply with the purpose and intent of this bylaw and are in the public's interest.

Screening, landscaping and buffer areas. In addition to the stated requirements elsewhere in the Zoning Bylaw, the following shall be required for OSRD definitive subdivisions:

Stormwater management.

Utilities.

Site visit. Whether or not conducted during the pre-application stage, the Planning Board may conduct a site visit during the project review process. The applicant and/or its agents shall accompany the Planning Board and/or its agent if a site visit was not performed during the pre-application process.

Compliance with rules and regulations. Open space residential design (OSRD) definitive subdivision plans shall adhere to all of the Planning Board's current rules and regulations unless provisions of such regulations are specifically addressed within this bylaw.

Special permit approval. The Planning Board will hold a public hearing within 65 days of receiving an OSRD special permit and acknowledged development plan and approve, approve with conditions, or disapprove an OSRD special permit within 90 days of said public hearing in accordance with MGL c. 40A, § 9. Upon the written mutual agreement of the applicant and the Planning Board, the ninety-day special permit decision period may be extended at any time. The OSRD special permit decision and the corresponding development plan shall be filed with the Town Clerk and the decision shall be provided to the applicant via regular mail. Upon receipt of the Planning Board's written decision regarding the development plan, the applicant may submit an OSRD definitive subdivision plan. Planning Board approval of an OSRD special permit requires that any OSRD definitive subdivision plan be substantially compliant with the special permit and corresponding development plan.

Waivers. The Planning Board may vote on any or all waivers requested by the applicant that the Planning Board is given the authority to waive under this OSRD bylaw. Remaining waiver requests shall be addressed in the definitive subdivision decision.

The Planning Board may approve the OSRD special permit if it finds that the proposed development has less detrimental impact on the subject property and the abutting neighborhood than a conventional definitive subdivision, after considering the following factors:

Any OSRD special permit approval must be followed by the submittal of an OSRD definitive subdivision plan in accordance with the Norwell Planning Board's rules and regulations. The OSRD definitive subdivision plan shall not be approved unless the plan is substantially consistent with the approved development plan. A determination of substantial inconsistency will be based on the following conditions:

The Planning Board may modify an existing OSRD special permit when the subsequent OSRD definitive subdivision plan, in the opinion of the Planning Board, more fully satisfies the purpose and intent of this bylaw. The Planning Board may also require that the development plan be modified so as to comply with the material changes identified by the Planning Board before the modified OSRD special permit is approved.

It is the purpose and intent of this bylaw to address and mitigate the secondary effects of the adult uses referenced herein, which include but are not limited to increased crime, adverse impacts on public health, safety and welfare, decreased property values and neighborhood blight, all of which have been relied upon in considering the enactment of the bylaw.

The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials, unless such matter is prohibited by state or federal law. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

There is hereby created an Adult Entertainment Overlay District (AEOD).

Adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult video stores, and establishments which display live nudity, as those terms are defined in MGL c. 40A, § 9A, as amended, and sexually oriented businesses, hereinafter referred to as "adult entertainment establishments," are prohibited in all zoning districts except as allowed in the Adult Entertainment Overlay District (AEOD) upon the grant of a special permit by the Board of Appeals, in accordance with § 201-3.3, as modified by this article, following site plan review in accordance with § 201-3.4.

Special permit. No adult entertainment establishment shall commence operations without first applying for and receiving a special permit from the Board of Appeals.

Conditions. The following conditions shall be attached to any special permit for adult entertainment establishments:

Procedural requirements for special permits.

Statutory prohibition. No special permit under this article shall be issued to any person convicted of any violation under MGL c. 119, § 63, or MGL c. 272, § 28 or 31.

Name and address of the legal owner of the establishment;

Name and address of all persons having lawful equity or security interests in the establishment;

Name and address of the manager;

Number of employees;

Proposed provisions for security within and without the establishment;

The physical layout of the interior of the establishment;

Design of proposed signs;

Proposed design of building exterior;

Plan of proposed parking and exterior lighting; and

Plan of proposed screening.

All developments within the Accord Pond Park Economic Development District shall require site plan review approval. The Planning Board shall administer the requirements and procedures outlined in this section. For the purposes of § 201-27, site plan review shall substantively follow the procedure outlined in § 201-3.4A through G except the Planning Board shall replace any reference to the Board of Appeals.

In addition to the requirements of § 201-27.1A, residential and certain nonresidential developments within the Accord Pond Park Economic Development District shall require special permit approval. The Planning Board, acting as the special permit granting authority (SPGA), may authorize a special permit for residential and certain nonresidential developments pursuant to the requirements and procedures outlined in this Section. For the purposes of § 201-27, special permit approval shall substantively follow the procedure outlined in §§ 201-3.3A through E, the except the Planning Board shall replace any reference to the Board of Appeals.

The Accord Pond Park Economic Development District is established and the boundaries of the Accord Pond Park Economic Development District are as described in § 201-6.1A(11) and § 201-6.2J and delineated as the "Accord Pond Park Economic Development District" on the Official Zoning Map of the Town of Norwell, as most recently revised, on file in the Office of Town Clerk, said map hereby made a part of the Norwell Zoning Bylaw.

The Accord Pond Park Economic Development District shall be comprised of three subdistricts:

Table 1 reflects use regulations of the District. Desired and needed uses are allowed by right or by special permit, and the aesthetics and potential impact of development and redevelopment proposals are managed through the site plan review process of § 201-3.4 and supplemented by §§ 201-27.4 through 201-27.7. Uses not identified within this section are prohibited.

Parking lot design: (a) create multiple smaller parking lots separated by natural vegetation, landscaped islands, vegetated swales, and bioretention areas; and/or (b) create hybrid parking lots with conventional paving for driveways and aisles, and permeable paving for stalls (permeable paving may also be appropriate for overflow parking areas, which are generally used only a few weeks out of the year); and/or (c) a bike rack and transit stop help to reduce the number of auto trips to the site.

Cisterns and rain barrels: Store rooftop runoff for reuse for landscaping and other non-potable uses. It involves directing each downspout to a to fifty- to 100-gallon rain barrel. A hose is attached to a faucet at the bottom of the barrel and water is distributed by gravity pressure.

Permeable pavers: Permeable pavers when possible for walkways, patios, plazas, driveways, parking stalls, and overflow parking areas. Materials can include porous asphalt, pervious concrete, paving stones, and manufactured "grass pavers" made of concrete or plastic. Permeable paving is appropriate for pedestrian-only areas and for low- to medium-volume, low-speed areas.

Green roofs: A low-maintenance vegetated roof system that stores rainwater in a lightweight engineered soil medium, where the water is taken up by plants and transpired into the air.

Bioretention cell or rain garden: Shallow depressions that use soil, plants, and microbes to treat stormwater before it is infiltrated or discharged.

Pretreatment grass filter strips: Low-angle vegetated slopes designed to treat sheet flow runoff from adjacent impervious areas by slowing runoff velocities, filtering out sediment and other pollutants, and providing some infiltration into underlying soils.

Vegetated swales: Open, shallow channels that slow and filter runoff, and promote infiltration into the ground.

Sites and blocks.

(Reserved)

Building massing and form.

Publicly accessible open spaces.

Landscape design.

Parking design.

Streetscape and sidewalks.

Lighting.

Signs.

Provide for the establishment of a specialized senior housing community ("SHC") use to provide a mixed and diverse varieties of enriched service, supportive and secure housing for individuals 62 years of age or older who do not want or need placement in a hospital or nursing home. An SHC use shall provide a combination of housing, ancillary support services and personalized care that is designed to respond in a homelike setting to provide senior citizens with a combination of independent living units, assisted living units and memory care units.

Create regulatory procedures to promote flexibility in land use planning in appropriate locations for the uses defined herein.

Provide housing for the benefit of senior citizens in order to meet the goal of preserving municipal character and diversity.

Provide for the development and use of specialized housing and supportive services for the seniors on the basis of the Town Meeting's authorization to the Planning Board to issue a special permit in the permitted districts with greater flexibility from the pattern otherwise permitted in underlying districts.

Create health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently.

Allow for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenance and care of traditional nursing home and residential properties; however, a SHC use may, but need not, include the provision of the skilled medical care provided in a nursing facility.

Encourage the preservation of open spaces.

An SHO use shall be allowed upon issuance of a special permit under this article to property located in the Senior Housing Overlay District (SHOD) as identified under § 201-6.2K.

All requirements of the underlying zoning district(s) shall remain in full force and effect, except that the requirements of the SHOD shall supersede the underlying zoning regulations upon the issuance of a special permit from the Planning Board, including but not limited to the District and General Regulations at Parts 2 and 3 of the Zoning Bylaw. In case of conflict between the regulations of the SHO ZBL and the underlying zoning district(s) and other regulations in this bylaw, if applicable, the regulations of the SHO ZBL shall control, whether more or less restrictive.

Multi-unit residential structure(s) consisting of dwelling units occupied by persons 62 years of age or older and which are designed as apartment-style structures that consist of independent living units and assisted living units (including memory care units), or a combination thereof. There may be more than one building on a single lot in a senior housing community, provided that the Planning Board finds that the buildings have a safe separation after consulting with the Fire Chief and a peer review consultant.

Structures and uses accessory to the senior housing community, including, but not limited to, meals and communal dining, transportation, laundry, recreation, entertainment, exercise, healthcare, therapy, beautification, automated teller machines and limited banking, and community activities and parking.

All of the information required for site plan approval pursuant to Zoning Bylaw § 201-3.48.

The name(s) and address(es) of the applicant(s).

The name(s) and address(es) of all legal and beneficial owners of the property.

Copies of all instruments, options, contracts or encumbrances affecting ownership of the subject property, and an instrument executed by all persons owning property within the subject property consenting to the development of the subject property, as applied for. The certificate of an attorney shall be provided that certifies, based upon a title exam, that all owners have been accurately identified.

Development application for the property.

A proposed development schedule showing the expected start of construction, the rate of construction and development, and the estimated date of completion.

A narrative report prepared by qualified professionals that details the impact of the development on the Town's capacity to furnish services, including, but not limited to, roads, water, sanitation and drainage.

Information regarding the number and kind of dwelling units and accessory structures proposed, their design, their location, the number of units planned for each use (i.e., independent living, assisted living, and memory care), the type of materials to be used in construction. The architecture of the structures shall be sensitive to the abutting structures and residences.

Areas to be set aside for building structures and parking areas.

A traffic study prepared by qualified professionals.

Any other information that the Planning Board may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this article.

Density. No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, which exceeds one dwelling unit per 2,500 square feet of total land area, inclusive of wet areas.

Dimensional regulations. All dimensions of a senior housing community project shall comply with the dimensional regulations of this subsection.

Off-street parking and loading.

Utilities. All electric, gas, telephone, water distribution lines, and other utilities shall be placed underground.

Lighting. All lights and other sources of illumination (whether interior or exterior) and all intense light emanating from operations or equipment shall be dark skies compliant and shielded from direct view at normal eye level from residential districts with no light cast upon adjacent properties. Full cutoff light fixtures shall be used. The applicant shall provide a lighting plan that shall be peer reviewed and approved by the Planning Board.

Signage. All signs shall conform to the requirements set forth in § 201-14.6B.

Accessibility. The facility shall comply with all state and federal requirements for handicapped access.

Transportation. The applicant shall provide shuttle service or assist in providing for transportation to medical appointments, off-site programs, as well as local shopping and errands for residents of the senior housing community.

Maintenance. All roadways, parking areas, walkways, paths, stormwater drainage, septic and other infrastructure shall remain private and shall be privately maintained with respect to upkeep and snow and ice removal.

Emergencies. The project shall have an integrated emergency call system(s) to monitor and direct security alarms (including fire alarms, sprinkler alarms, trouble alarms and other security alarms), telephone and other communication systems in order to provide emergency monitoring for residents and employees and the system(s) shall have monitoring protocols and shall be connected to an emergency call center(s), all as directed and required by the Norwell Fire Department. Additionally, each individual dwelling unit shall be equipped with an emergency call system that is linked to a central office within the project which shall be staffed 24 hours a day and shall have individual unit 911 lines that are directly connected to a dispatch center as required by the Norwell Fire Department.

Nuisances. The project shall not produce adverse effects on the use or development of the surrounding neighboring area due to noise, traffic, lighting or other nuisances. Any equipment or use that can generate noise, vibration and/or odor shall be screened, filtered and baffled so as to prevent any such adverse impacts to occupants of the project or other persons.

The MBTA Adjacent Community Overlay District ("MBTA District") shall include all of the land identified in § 201-6.1A. The provisions of this zoning bylaw shall apply to any proposed MBTA District application for a multi-family housing development that complies with the requirements set forth in Article 29.

The explicit dimensional and use requirements set forth herein, to the extent less restrictive than the requirements in the underlying zoning districts, shall apply to property in the MBTA Adjacent Community Overlay District ("MBTA District"), however, all other requirements in the underlying district shall apply.

Norwell housing need. In 2020, the Town of Norwell's 2020 Housing Production Plan (HPP) documented that, as of that time, 34% of Norwell's 3,625 households were spending more than 30% of household income on housing. This means that, based upon housing and urban development (HUD) guidelines, the cost of housing for these households is deemed not affordable. The 2020 HPP also documented that 10% of Norwell's households spend more than half their income on housing and 10% of Norwell's households earn less than 80% of area median income (AMI), using HUD guidelines, meaning that 10% of Norwell's households are eligible for affordable housing.

MGL. c. 40A, § 3A and State guideline requirements.

Purposes. The purposes of this article are to provide for the development of as an of right multi-family housing use in the MBTA District in order: a) to satisfy Norwell's need for diverse housing opportunities that promote social and economic diversity and smart growth; and b) to comply with the requirements of MGL c. 40A, § 3A.

Principal MBTA District multi-family uses. A principal multi-family MBTA District use shall mean a use that conforms to the requirements of this article and that shall be allowed as of right, subject to the requirement that an application for site plan approval first shall be made to and shall be heard and decided by the Planning Board to confirm that the proposed development conforms to the requirements of this article, including that the development shall provide for a minimum of 10% of the units to be moderate affordable housing units (or, at the applicant's election, any other form of affordable housing defined hereunder that is SHI eligible, and shall conform to the requirements of the Town's General Bylaw Chapter 65, Stormwater Management, and regulations (as promulgated by the Conservation Commission), which are non-discretionary in nature, and all other applicable but non-discretionary zoning requirements, with the explicit provision that the Accord Park Economic Overlay District site plan and special permit requirements shall not apply and no special permit requirements that are set forth in the Zoning Bylaw shall apply in the MBTA Overlay District to an MBTA District multi-family use or accessory use.

Accessory MBTA District multi-family uses. The following uses shall be considered to be accessory uses that are allowed as of right to support a multi-family MBTA principal use:

Mixed uses. A non-multi-family MBTA use shall be allowed with a multi-family use but only on the first floor of an MBTA District project. The following non-multi-family MBTA District uses may be combined with and made a part of a multi-family MBTA use building; however, any non-multi-family use shall be governed by the parking requirements for commercial uses in the underlying district, unless a waiver is granted by the Planning Board:

Any development that proposes a multi-family MBTA adjacent community use shall be allowed as of right, except that it shall undergo administrative site plan approval first with the Planning Board, with no public hearing required, but with all of the site plan requirements of Norwell Zoning Bylaw § 201-3.4B (i.e., site plan contents only) to apply. The application shall undergo technical and legal peer review at the expense of the applicant, including to confirm compliance with this article and to confirm compliance by the project with:

The required peer reviews shall be at the applicant's expense.

Site plan approval shall be granted if all applicable requirements are satisfied and the approval shall have a duration of three years, after which point, the approval shall lapse.

Administrative site plan review shall be completed within 90 days unless an extension of time is mutually agreed upon by the applicant and the Planning Board or unless the required material has not been timely provided by the applicant to the Planning Board.

Access. Access to the building(s) shall conform to all applicable State Fire Code Requirements; and any driveway shall not exceed 150 feet in length unless there is a secondary means of egress, or unless the Planning Board grants a waiver because the Board's determines that the proposed access is safe and appropriate.

ATVs, RVs and boats. No boats, all-terrain vehicles, and no recreational vehicles of any kind shall be stored at the property, except in an enclosed garage.

Bikes. An interior bike rack, sufficient to serve the building's occupants shall be provided inside the building in a convenient location.

Building coverage. Building coverage shall not exceed 25% of the property's lot area.

Building facade. Buildings greater than 40 feet in length, measured horizontally, shall incorporate wall plane recesses or projections having a depth not less than four feet and extending at least 20% of the length of the facade. No uninterrupted length of facade shall exceed 40 horizontal feet. No projection shall extend into a required setback. The design of the facade shall use textures and colors to mitigate massing.

Building orientation. Buildings shall be oriented to the adjacent way, unless a waiver is granted during site plan review. All entry ways shall be clearly marked and shall use dementia friendly signage.

Curbing. Suitable perimeter curbing shall be provided.

Density. The maximum density of multi-family units shall be 10 multi-family housing units per acre.

Egress. No single driveway access shall exceed 150 feet in length unless a second means of access shall be provided, unless waived by the Planning Board in consultation with peer review and the Fire Department. The minimum driveway width shall be 20 feet and the maximum driveway width shall be 24 feet, unless waived by the Planning Board, in consultation with peer review and the Fire Department.

Frontage. The property shall have a minimum of 80 feet of frontage.

Height.

Junk. No junk or debris (including junk vehicles) may be stored at the property, except in an enclosed garage.

Landscaping. Effective year-round landscaping (e.g., evergreen vegetation) and/or fencing, at the discretion of the Planning Board, shall be installed at the property perimeter as necessary to provide a buffer and protect the privacy of the occupants and abutters. Shade trees, ornamental trees, shrubs, and other plant materials shall be included in the buffer. The minimum width of the buffer shall be 10 feet. Plantings shall include species that are native or adapted to the region and shall include shade trees. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

Lighting. There shall be sufficient building and parking and recreation area lighting to be safe for the occupants. All lighting fixtures shall be dark sky compliant and have full light cutoff. There shall be no intrusion of light onto adjacent properties. Motion-sensitive lights, with timers, shall be used for recreational spaces. A lighting plan shall be provided during site plan review and the Planning Board may require peer review at the applicant's expense.

Lot area. The minimum lot area shall be one acre for every 10 multi-family units proposed.

Lot coverage. Lot coverage shall not exceed a total of 50% impervious surface of the property's lot area.

Lot width. The minimum lot width shall be 150 feet at all points where a structure is located.

Mail. An interior mail room/area shall be provided, with the capacity to receive and store packages for residents.

Mechanicals. Mechanical equipment at ground level shall not be located in any setback nor in open space and shall be screened by a combination of fencing and evergreen plantings. Rooftop mechanical equipment shall be screened and incorporated into the architectural design.

Mixed uses. A mixed use building shall have all commercial uses on the first floor only.

Number of buildings. More than one building may be allowed on a lot; however, the maximum number of buildings shall not exceed two buildings per acre and each building shall have a setback from each other building of a minimum of 20 feet. The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with care and attention in terms of entries, fenestration, and materials.

O&M plan. The applicant shall provide an operation and maintenance plan for peer review regarding the project's infrastructure with respect to snow plowing and deicing, snow removal, and maintenance, repair, and replacement of all infrastructure.

Open space. A minimum of 1/3 of the lot area shall be open space. All open space shall be free of buildings, structures, paving, driveways, storage areas, sheds, garages, equipment, or other elements that preclude vegetation, except for recreation area amenities such as benches, walking paths and playground and recreational equipment. The Planning Board may allow a driveway within a side setback but not within Open Space.

Outdoor equipment. Any outdoor equipment (compressors, generators, transformers, etc.) shall not be placed in any setback area and shall be appropriately noise and vibration baffled to prevent noise and vibrations from disturbing occupants and abutters and shall be visually screen with fencing and/or landscaping.

Parking.

Parking reduction. During site plan review, the Planning Board may reduce the required parking if the Board determines that the reduced parking proposed would be sufficient to meet the needs of the development. In making such a determination, the authority shall consider complementary uses, transportation demand management (TDM) measures, and shared parking arrangements, vehicle-share arrangements.

Parking shared. Shared parking within a mixed-use development may be through a waiver granted by the Planning Board during the site plan Review process, provided the applicant can demonstrate to the Planning Board's satisfaction that the shared arrangement will meet parking demands using accepted methodologies.

Pavement standards. Pavement shall conform to the standards set forth in Zoning Article 12.

Recreation. An MBTA multi-family project with 30 or more units shall provide recreational space for residents. Every project shall include a fenced and gated dog park if dogs are allowed. Each project shall include suitable recreation space for families with children, including a suitably sized, fenced, and gated tot lot with suitable equipment, and each project shall include a garden area for residents.

Repairs. No vehicle repairs shall take place at the property.

Setback. No building, parking or driveway shall be located in a setback (other than across the front yard); however, the Planning Board shall have the discretion to grant a waiver to allow a driveway in a side setback.

Setback front. The minimum front setback shall be 30 feet.

Setback rear. The minimum rear setback shall be 10 feet.

Setback side. The minimum side setback shall be 10 feet.

Stormwater management. During site plan review, the project shall provide stormwater calculations for pre- and post-construction and undergo peer review at the applicant's expense and the project shall satisfy the requirements of the Town's General Bylaw Chapter 65, Stormwater Management, and regulations promulgated thereunder by the Conservation Commission. The applicant shall provide an O&M plan for both construction activities and post-construction maintenance and reporting requirements to make sure that all stormwater is appropriately controlled on site.

Trash. There shall be suitable trash and recycling storage areas and removal/collection hours shall be set so as to not cause inconvenience to residents and abutters. These areas shall not be located in a front setback and shall not be installed closer than 20 feet to a property line. Dumpsters shall be screened by a combination of fencing and landscaping.

Utility meters. Utility meters shall be located so as to minimize visibility and shall be integrated into building and site design to minimize the visibility of utility connections.