Lot width. The diameter of the largest circle that can be inscribed within the side lot lines at every point on a continuous line from the frontage of the lot to the front line of the principal building of the lot.

Lot area. A principal building shall not be constructed on any residential lot unless at least 80% of the minimum lot area required in the Town of Plainville Zoning Bylaw § 500-17 is "upland area." For purposes of this section only, "upland area" shall include all land not regulated as wetlands under MGL c.131, § 40 (Wetlands Protection Act), with the exception that bordering land subject to flooding and riverfront areas may be counted as "upland area." Lots created prior to the date of adoption of this section are exempt from this requirement.

Lot shape factor. A principal building shall not be constructed on any lot unless the lot contains a "lot shape factor" having a numerical value of 22.0 or less. The "lot shape factor" is the numerical value resulting from the division of the perimeter (P) squared, measured in feet, by the area (A), measured in square feet, of a closed parcel of land containing the minimum required lot area for the zoning district in which the principal building will be located [P²/A ≤ 22]. The closed area used for calculation shall be entirely contained within the lot, and, for residential uses, shall contain at least 80% "upland area" as defined in § 500-16A(2). Residential buildings having four units or less must be located within the area used to calculate the lot shape factor. Residential buildings having five or more units, or non-residential buildings, may be located outside the shape factor area if said building has received a special permit granted by the Planning Board under § 500-19, § 500-24, § 500-26 or § 500-37 of the Zoning Bylaws. Lots approved under § 500-22 (Residential cluster development), and lots where the principal building is located within the IA, IB, IC or CI Zoning Districts, are exempt from the requirements of this section. The requirements of the lot shape factor are considered to be area and width requirements within the meaning of MGL c. 40A, § 6. Lots created prior to the adoption of this section are subject to either the lot configuration regulations that were in effect prior to adoption of this section, or these regulations, whichever are more lenient.

Waiver of strict compliance.

Exemptions from frontage and area requirements. In any zoning district, a vacant lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots:

Combined and replatted lots. Notwithstanding the provision of Subsection E(2), the Board of Appeals, as permit granting authority, may require two or more nonconforming, undeveloped and contiguous lots in common ownership to be combined:

Notice of public hearing shall be given as provided for in MGL c. 40A, § 11. Such notice shall be given at the expense of the applicant by publication in a newspaper of general circulation in the Town, one in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing, and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing.

The notice of the public hearing shall also be given at the applicant's expense by mail, postage prepaid, to "parties in interest" as defined in said MGL c. 40A, § 11. "Parties in interest" shall mean the applicant; abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within 300 feet of the property line of the applicant, as they appear on the most recent applicable tax list; the Planning Board of the Town; and the planning board of every abutting city or town. The Town's Board of Assessors shall certify to the special permit granting authority the names and addresses of the parties in interest, and such certification shall be conclusive for all purposes.

The notice shall contain, at a minimum, the name and address of the applicant; a description of the area or premises, street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition; the date, time, and place of the public hearing; the subject matter of the hearing; the nature of the action or relief requested; and the place where the records of the filing may be viewed.

The SPGA shall forward two copies of the site plan and/or supporting materials to the Planning Board, and to other boards as deemed appropriate by the SPGA, for review and comment. The boards shall review and make such recommendation as they deem appropriate and shall send a copy thereof to the SPGA. Failure of the boards to make such recommendations with 35 days of receipt of material from the SPGA shall be deemed lack of opposition thereto. The SPGA shall take into consideration the recommendation of the boards in acting upon the application for a special permit.

Failure by the special permit granting authority to take final action on an application within 90 days of the date of the public hearing, or extended time if applicable, shall be deemed to be a grant of special permit. The applicant who seeks such approval of the special permit granting authority to act within the prescribed time shall comply with the applicable provisions of MGL c. 40A, § 9.

Social, economical or community needs which are served by the proposal.

Traffic flow and safety.

Adequacy of utilities and other public services.

Neighborhood character.

Visual impacts on the surrounding neighborhood.

Qualities of the natural environment.

Effects of the proposed use on neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, visual or other nuisances.

Potential fiscal impact.

Water consumption, taking into consideration current and projected future local water supply and demand.

Consistency of the proposal with the Town of Plainville Master Plan, as most recently updated.

No special permit for earth removal shall be authorized unless the Planning Board finds that the proposed earth removal operation shall not be contrary to the best interests of the Town. For this purpose a removal operation shall be considered contrary to the best interests of the Town which:

Site plan, special permit and definitive subdivision. An approved plan, unless expressly waived as provided herein, shall be a condition to an earth removal special permit. The earth removal permit shall be included in such plan. Such plan shall be prepared by a registered engineer or a registered land surveyor, at a scale of 80 feet to the inch or larger, and shall include the following:

Waiver of site plan. The Planning Board may, after an on-site inspection of the site, waive the requirement of a site plan for the removal of earth from one location to another location within the boundaries of a single lot.

Referral to municipal boards. The Planning Board shall refer earth removal special permit applications and the site plan to the Board of Health and the Conservation Commission for advisory reports. The Planning Board shall not take final action on such application until it has received reports thereon from the Board of Health and the Conservation Commission or until 35 days have expired from said referral date without the receipt by the Planning Board of such reports.

Conditions to earth removal special permits. The Planning Board shall impose reasonable conditions to a special permit, including but not limited to the following:

Period of special permits. Any permit granted for earth removal shall be for a period not to exceed two years. For a continuation of an operation beyond the period designated in the initial permit, a new application must be made and a new permit granted in the same manner as for the initial permit, except that the Planning Board may waive requirements for submittal of a site plan. Such waiver must be granted in writing to the applicant by the Planning Board. All other provisions relating to operational standards and permit procedures shall apply.

Performance bond. The Planning Board shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Planning Board as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the Town, to be held by the Town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until filed with the Planning Board and a certification from a registered engineer and an approval from the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit.

Flexible and sensitive site design;

Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment;

Enhancement of residential and community amenities by provision of open space;

Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure;

Promotion of diverse and energy-efficient housing at a variety of costs; and

Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources.

Contain a minimum tract size of 10 acres in the RA, RB and RC Districts, and five acres in the RD District.

The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by the Conservation Commission.

A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open space may be wetlands, as defined in MGL c. 131, § 40, or water bodies.

There shall be a minimum width of 50 feet of buffer area between attached cluster buildings and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters and streets year round.

At least 40% of the tract (exclusive of land set aside for roads and parking) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use and shall not be wetlands or land subject to seasonal flooding.

The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust, whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following:

Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed, subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity.

All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles.

The applicant shall submit a plan for maintenance of the open space area.

The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park conservation or recreation purposes.

Attached cluster units shall not exceed a total of four units per building in the RA and RB Districts and six units per building in RC and RD Districts.

These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Subsection B(2) of this section.

Detached cluster units shall conform to § 500-17 except for the lot and yard requirements provided below:

No building shall exceed two stories.

Lots within a residential cluster development need not conform to the requirements of § 500-16A(1), Lot width, and § 500-16A(3), Lot shape factor. Instead, as part of the special permit approval, the Planning Board shall review each individual lot to ensure that adequate means of access to the proposed building site is provided. Common driveways may be utilized to minimize paved areas and enhance environmental protection. No lot configuration shall be approved that does not, in the opinion of the Planning Board, provide safe access to the building location or adequate buffering between dwellings.

The Planning Board, as the special permit granting authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk.

The Planning Board shall not grant a special permit for a cluster development if it appears that, because of soil, drainage, traffic or other conditions affecting the site, the granting of such permit would be detrimental to the neighborhood or to the Town or inconsistent with the purposes of cluster development. In granting a special permit for cluster development, the Planning Board shall impose such conditions and safeguards as public safety, welfare and convenience may require.

Compatibility with existing developments;

Acceptance of design and layout of ways, streets and paving;

That the projected traffic increase to the local road(s) is within the capacity of the existing network;

Compliance with environmental standards; and

Appropriateness of building and site design.

A senior housing development (SHD), as approved by the special permit granting authority (the Planning Board), is intended: to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties, encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a preferred alternative housing type in order to better meet the specific housing needs of this segment of the population and to promote better utilization of land in harmony with its natural features and to retain the rural character of the Town.

Where feasible, new homes shall be organized around traditional village streets. The dwelling units shall be of high quality construction with care being taken in landscaping efforts to retain as much as possible the natural topography of the village environs. To enhance the village concept, the developer should be encouraged to employ historic, traditional and complementary style, colors and exterior lighting for all the units as well as streetlighting.

Minimum tract size. A tract of land consisting of not less than 10 acres within residential zoning districts may be developed for the construction of a senior housing development (SHD).

Location. The SHD is an overlay zoning district that shall be superimposed on the Single-Family Residential Districts RA and RB, and the General Residential Districts RC and RD of the Town of Plainville.

Development under the SHD Bylaw may only be authorized by a special permit granted by the Planning Board.

No building in the SHD shall be more than two stories in height. "Basement" or "Cellar" shall not be considered a story per this requirement.

All dwelling units shall be detached from others or attached only along sidewalls in the so-called "townhouse" style.

No unit in the development shall have more than two bedrooms.

No dwelling shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area. At least 66% of the living area in each unit shall be located on the first floor.

The lot or lots on which a retirement community is located shall contain at least 5,000 square feet of upland area per unit in the SHD. "Upland area" shall be as defined in § 500-16A(2).

Maximum density ratio: The maximum density ratio in the SHD shall be no greater than four residential units per acre of usable land.

Occupancy qualifications. All SHD dwelling units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document approved by the Planning Board that shall be recorded at the Registry of Deeds or Land Court. Such restriction shall be in accordance with the Federal Fair Housing Act, 42 USC Section 3607(b), as amended, the regulations promulgated thereunder at 24 CFR 100, 300 et seq., Subpart E - Housing for Older Persons, as amended, and the Massachusetts Fair Housing Law, M.G.L. c.151B, Section 4, but shall require that one hundred percent (100%) of all SHD dwelling Units shall be occupied by at least one individual who is fifty-five (55) years of age or older. The special permit including the age restriction shall run with the land in perpetuity and shall be enforceable by any owner(s) of SHD dwelling units. In the event of the death of the qualifying owner or occupant(s) of a dwelling unit, or foreclosure or other involuntary transfer of a unit within the SHD, a one-year exemption to the restriction shall be allowed for the transfer of the unit to another eligible occupant.

Basic senior village bonus. A senior village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a senior village, a proposal shall, at a minimum: a) set aside 10% of the total number of dwelling units provided on the site as affordable housing as defined in this section; and b) provide a minimum of 40% of the lot area as permanent, protected open space conforming to the open space standards as set forth in this section. The minimum forty-percent open space requirements may be waived by the Board if the proposed senior village is within the RD General Residential District and includes the rehabilitation or renovation of a certified historic or architecturally significant structure for use as senior housing. This enhanced base density for senior villages may be further increased according to the provisions below pertaining to additional affordable housing, additional open space dedication, and rehabilitation of existing buildings.

Additional affordable housing. In addition to the minimum requirement of ten- percent on-site affordable housing, a density increase is permitted where proposals provide on- site housing opportunities for low- or moderate-income senior households. For the purpose of this section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the senior village and shall be externally indistinguishable from the market-rate units. If the affordable units are part of a condominium, the condominium documents shall, at a minimum, ensure that the owners of the affordable units will not be required to pay for capital improvements they cannot afford and that they will have fair and sufficient voting rights. The property owner shall seek referrals for the affordable units from the Plainville Housing Authority and shall submit an annual report to the Plainville Housing Authority, detailing compliance with the affordable housing provisions of the senior village approval. The Plainville Housing Authority shall be responsible for monitoring the long-term affordability of the units and shall report any deviations from these provisions to the Inspector of Buildings and the Board. The amount of density increase shall be calculated as follows:

Affordable housing alternatives. The affordable housing requirements set forth in Subsections C(1) and (2) above may be reduced by the Planning Board if the Board finds that one of the options set forth below will provide a more beneficial alternative to addressing the Town's affordable housing needs, subject to consent by the developer.

Site context plan. A plan showing the location of the proposed development within its neighborhood context shall be submitted. For sites less than 100 acres in area, such plans shall be at a scale not less than one inch equals 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on a site context plan include: topography (from United States Geological Survey plans), stream valleys, wetland complexes, woodlands, high points, knolls and ridgelines, and public roads and trails, utility easements and right-of-ways, public land and land protected under conservation easements or other methods of protection. All information may be obtained from existing resources.

Each building in the senior village shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of not less than 10 feet from the edge of the paved way to the closest point of the structure. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

Each building in the senior village shall be set back a minimum of 50 feet from the senior village's perimeter lot line(s). This minimum setback shall be increased by five feet for each foot the proposed building is over 30 feet in height. The maximum height of any structure in a senior village shall be no greater than 35 feet. The setback area shall be maintained as natural open space or as densely planted landscaped buffer. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of roads and building configuration rather than as malleable elements that can be changed to follow a preferred development scheme. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

Parking. Within the SHD, a minimum of two parking spaces shall be required for each dwelling. Each parking space shall have adequate area for backing and maneuvering. The garage space shall not be included as a parking space. Each parking space shall have an area of not less than 10 feet wide and 19 feet long. The parking area shall be paved and connected with a paved driveway to the roadway within the development. In order to reduce impervious area within the development, common driveways are encouraged. The Planning Board shall, as a condition of its special permit, require additional off-street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the Planning Board shall, as a condition of the special permit, require the adoption of legally enforceable condominium bylaw regulations to limit or prohibit the presence in the SHD community, either entirely or except in designated locations, of boats, boat trailers, campers or other recreational vehicles. Commercial vehicles in excess of 10,000 pounds are prohibited from parking in the SHD.

The Planning Board may, as a condition, require that all utilities be installed underground. Each unit site shall be provided with a sanitary sewer service for the disposal of sanitary wastewater through a municipal system or on-site septic system. The method of sanitary wastewater disposal shall conform to all the requirements of the Plainville Board of Health and Water and Sewer Department.

The Planning Board may, as a condition, require that no dwelling unit have an exterior radio, television, dish-type antenna or window air conditioner.

Accessways. Roads and driveways within a SHD shall meet such width, size, grades, radius of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Roads, drainage, driveways. Within the SHD, all roads, drainage systems and driveways shall be maintained by the governing body or its designee. They shall be kept passable and in good condition at all times. Snow and ice removal shall be done by the permittee as part of the normal road and driveway maintenance. It is intended that all improvements within the development remain in private ownership and be maintained by the governing body or it designee.

Open space. Within the SHD, all open space shall be integrated within and around the development. Additionally, not less than 40% of the total land area contained within the development shall be designated as open space, and further provided that no less than 75% of the designated open space land shall be upland suitable for use for passive and/or active recreational purposes. Area used for roadway layout, community buildings and common facilities shall not be used as open space area or site area.

Community building. Within the SHD, there shall be a community building(s) and recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 square feet. Use of the community building(s) or facilities is specifically limited by this bylaw to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the special permit application and must be specifically approved by the Planning Board as an integral part of the special permit.

Business. Within the SHD, no business of any kind is to be conducted unless specifically authorized by the special permit herein granted.

Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

The Planning Board shall, as a permit condition, require that all proposed condominium bylaws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be violation of said special permit.

The Planning Board may, as a permit condition, require that the proposed SHD community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed. Said master deed shall be submitted to the Planning Board at the time of submittal of the application.

The Planning Board may, as a condition of any special permit, require that the land area on which the SHD is located be permanently maintained as one undivided lot or, within a condominium, as one undivided condominium unit, or require such other legal mechanism as will, in the opinion of the Planning Board, assure that the said SHD will not be subdivided or its ownership further condominiumized, that said SHD will remain as rental housing, and that ownership of said SHD will remain consolidated.

No special permit shall be issued without appropriate restrictions to ensure that the provisions of this section are made binding upon the applicant and his/her successor and heirs.

No special permit shall be issued without the local Housing Authority being authorized as the agency responsible for monitoring the affordable housing component of the proposal. A fee may be applied, as per the local Housing Authority requirements.

The application process for a SHD development shall be by submission of an application for a special permit and the filing of a special permit. The plan must be prepared and stamped by a professional landscape architect in addition to a civil engineer or land surveyor, all registered in Massachusetts, and shall meet all the requirements of a special permit as specified in the Plainville SHD Rules and Regulations to the extent applicable.

The applicant shall also simultaneously file copies of its application and special permit with the Board of Health, Conservation Commission, Building Inspector, Fire Department, Housing Authority, Town Clerk, Police Department, Highway Department and Water and Sewer Department, for their review, consideration and report.

Applicant qualifications. The applicant for a special permit for a SHD shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such special permit and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development. The Planning Board shall establish fees to be paid in conjunction with an application for special permit hereunder.

Occupancy conditions: No certificate of occupancy, temporary or permanent, shall be issued for any unit in the SHD until all deed restrictions, covenants, easements, transactions and/or other documents necessary to ensure compliance by the applicant with the requirements of this section have been submitted and executed.

Division of land. This bylaw shall apply to the division of land held in single ownership as of June 12, 2006, or anytime thereafter, into eight or more lots, whether such lots are created at one time or cumulatively from said land held in single ownership and shall require a special permit or definitive subdivision permit. The permit shall be required for land divisions under MGL c. 40A, § 9, as well as for "conventional" divisions allowed by MGL c. 41, §§ 81-L and 81-U, including those divisions of land that do not require subdivision approval. The Plainville Planning Board shall be the permit granting authority for all permits under this bylaw.

Multiple units. This bylaw shall apply to the construction of eight or more multifamily dwelling units, whether on one or more contiguous parcels, in existence as of June 1, 2006, and shall require a special permit.

At least 10% of the lots in a division of land or units in a multiple unit development subject to this bylaw shall be established as affordable housing units in any one or a combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded to the nearest whole number such that a development proposing eight dwelling units shall require one affordable unit, a development proposing 15 dwelling units shall require two affordable units, and so on.

The affordable units shall be constructed or rehabilitated on the subject property or on a different property in the Town of Plainville, subject to review and approval by the Planning Board.

Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated with the development 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.

Minimum design and construction standards for affordable units. Affordable units within market-rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units. Interior feature of affordable units shall comply in all respects to the minimum design and construction standards set forth in the Local Initiative Guidelines by the Division of Housing and Community Development, July 1996, as amended.

Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state tax returns for the household and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent and, within 30 days following transfer of title, to the Plainville Housing Authority, that his/her annual household income level does not exceed the maximum level as established by the commonwealth's Division of Housing and Community Development and, as such, may be revised from time to time.

The maximum price or rent of the affordable units created under this bylaw is established by the commonwealth's Division of Housing and Community Development and, as such, may be revised from time to time.

Resale price. Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sale price as determined by the DHCD for affordability within the Town of Plainville at the time of resale.

Right of first refusal or purchase. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town granting, among other things, the Town of Plainville's right of first refusal for a period not less than 180 days to purchase the property or assignment thereof in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

Renting. The Planning Board shall require, as a condition for grant of the permit under this bylaw, that the deeds to the affordable housing units contain a restriction requiring that any subsequent renting or leasing of said affordable housing units shall not exceed maximum rental price as determined by the DHCD for affordability within the Town of Plainville.

The Planning Board shall require, as a condition for grant of the permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions of affordability. The Building Inspector shall not issue any building permit for any unit until the permit and deed restrictions are recorded in the Norfolk Registry of Deeds or Land Court.

An Accessory Dwelling Unit (ADU) is an alternative type of housing that provides Plainville with additional housing supply options without requiring additional land development. The design and implementation of an ADU is expected to fit on a lot in a single-family residential zoning district.

ADUs are permitted As of Right per Massachusetts General Laws (MGL), Chapter (c) 40A, §§ 1A and 3.. The Town has established § 500-25.1 of these Zoning Bylaws in addition to 760 CMR 71.00 in order to provide further guidance and to reasonably regulate the construction of ADUs within single-family zoning districts, while preserving the residential character of a neighborhood.

Nothing within this Bylaw shall be construed to conflict with MGL c 40A, or 760 CMR 71.00.

A Building Permit application for an ADU shall be filed with the Building Commissioner.

The ADU shall comply with the dimensional standards in § 500-17 and the use regulation schedule in § 500-19.

The ADU and the principal dwelling shall remain on the same Lot and shall not be divided onto two (2) separate lots.

The Zoning Board of Appeals shall make a finding, when applicable, on the placement or addition of an ADU on a pre-existing non-conforming lot in accordance with MGL Chapter (c) 40A, § 6.

The Building Commissioner shall issue a Building Permit authorizing the installation and use of an Protected Use ADU to a principal dwelling in a single-family zoning district provided the following conditions are met.

The Protected Use ADU shall comply with the dimensional requirements pursuant to § 500-25.1(C)(2). In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Building Commissioner may allow for reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.

Prior to the issuance of a Building Permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building.

Pursuant to MGL Chapter 40A Section 3A, more than one ADU within a single-family home or house lot shall require a Special Permit pursuant to MGL Chapter 40A Section 9 and § 500-20 of the Town of Plainville Zoning Bylaws.

Special Permit Granting Authority. The Planning Board shall act as the special permit granting authority for applications submitted under this section of the Zoning Bylaw and may adopt and from time to time amend reasonable regulations for the administration of this bylaw.

It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw.

No building shall be changed in use or configuration until the Building Commissioner has issued a permit. No building permit shall be issued until water, sewer, septic, and/or Title V connection permit, when applicable, has been first obtained from the Department of Public Works and/or Board of Health. Any building alteration shall conform to all adopted state and town laws, bylaws, codes and regulations. No building shall be occupied until a certificate of occupancy has been issued by the Building Commissioner where required.

The Building Commissioner shall refuse to issue any permit, which would result in a violation of any provision of this chapter or in a violation of the conditions or terms of any special permit or variance granted by the Zoning Board of Appeals or its agent.

The Building Commissioner shall have the authority to issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this chapter.

The content of plans;

The designation of proposed building locations showing setbacks from property lines;

Proposed building elevations;

The designation of existing structures located within 100 feet of all property lines;

Location and design characteristics of proposed roads, lighting, facilities for pedestrian movement, driveways, and parking areas;

Existing and proposed site grades with contour elevations in two-foot increments;

Identification of wetlands affected by or adjoining the proposed project;

Utility service to the proposed project and drainage plans and calculations;

Traffic studies relating to the proposed project;

Landscaping and screening plans for the proposed project including trees to be removed and retained;

Loading and unloading facilities;

Provisions of refuse removal;

Earth removal regulation; and

Other information as may be necessary to determine compliance with the provisions of this bylaw.

Preferred uses permitted as-of-right in mixed use development or mixed use infill. The following uses are preferred and may be developed as-of-right, subject to the performance and development standards of § 500-26G herein.

Uses that require special permit approval in mixed use development or mixed use infill. The following uses may be allowed by special permit:

Prohibited uses:

Same-structure/on-site mixed use. To promote the mixture of uses to reduce vehicle trips, such that residents and area employees can walk to needed services and amenities, and to conversely provide a built-in demand for the local commercial and retail uses:

Densities.

Dimensional regulations. To produce variety and visual interest in site planning, developers are encouraged to provide a range of lot sizes, frontage widths, setbacks, and heights, within these parameters:

Notes for dimensional regulations.

Performance standards. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light under standards set forth in the performance criteria in this bylaw. Any other performance standards of the Town shall apply to the Town Center in addition to these.

Parking standards. In addition to site plan review guidelines for parking within the Town Center District, the following criteria shall be considered:

Development standards. New construction and new construction design shall follow the typical New England character. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places or within a local historic district as established by MGL c. 40C shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on, the State or National Register of Historic Places.

Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

Maximize pedestrian and vehicular safety both on the site and egressing from it;

Minimize obstruction of scenic views from publicly accessible locations;

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

Minimize glare from headlights and lighting intrusion and light overspill into the night sky;

Provide adequate access to each structure for fire and other emergency service equipment;

Provide adequate stormwater management consistent with the functional design standards in the Planning Board's Subdivision Rules and Regulations;[3]

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and

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

Application and its supporting narrative documentation complies with all sections of this Zoning Bylaw.

Application is accompanied by the fees specified by the SPGA as approved by the Town of Plainville.

The purpose of this bylaw is to allow for the creation of new large-scale ground-mounted solar photovoltaic facilities (SPFs) by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted SPFs.

Compliance with laws, ordinances, and regulations. The construction and operation of all large-scale ground-mounted SPFs shall be consistent with all applicable 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 SPF shall be constructed in accordance with the State Building Code.

Building permit and building inspection. No large-scale ground-mounted SPF shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Fees. The application for a building permit for a large-scale ground-mounted SPF must be accompanied by the fee required for a building permit.

SPF site plan review. SPFs with 250 kW or larger of rated nameplate capacity whether permitted as-of-right in the IA — Special Industrial District and IB — Limited Industrial District, or by special permit issued by the Planning Board in the RA and RB — Single-Family Residential Districts shall be subject to site plan review in accordance with § 500-39, Site plan review, of this Zoning Bylaw.

Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed SPF.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted SPF, 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. No large-scale ground-mounted SPF shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimension and density requirements.

Design standards.

Safety and environmental standards.

Monitoring and maintenance.

Abandonment or decommissioning.