Quincy City Zoning Code
SECTION 8
0 Special Districts
8.1 Floodplain Overlay District (FPOD).
[Amended 6-25-2012 by Order No. 2012-107; 6-3-2014 by Order No. 2014-103; 11-21-2016 by Order No. 2016-249; 6-21-2021 by Order No. 2021-055]
8.1.1.
Purpose. The purposes of the Floodplain Overlay District (FPOD) are:
1.
Ensure public safety through reducing the threats to life and personal injury.
2.
Eliminate new hazards to emergency response officials.
3.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
4.
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.
5.
Eliminate costs associated with the response and cleanup of flooding conditions.
6.
Reduce damage to public and private property resulting from flooding waters.
8.1.2.
Location. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the City's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program, dated June 9, 2014 or the latest ones. The flood zones A, AE, AH, AO, A1-30, A99, V, V1-30, VE on these maps indicate the 1% chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated June 9, 2014 or the latest ones. The effective FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, Conservation Commission and Public Works Official.
8.1.3.
Overlay district. The FPOD shall be considered as overlying other districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this Section 8.1.
1.
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
2.
The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection.
3.
If any section, provision or portion of this ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
8.1.4.
Duties of Building Commissioner. In order to ensure the proper administration of the Floodplain Overlay District, the Building Commissioner shall:
1.
Review proposed development to assure that all necessary permits have been or are in the process of being obtained from those governmental agencies from which approval is required by state or federal law.
2.
Obtain and maintain records of the elevation to which any structure has been flood proofed; the flood proofing certificates required under said district; and whether or not the structure has a basement.
The City of Quincy hereby designates the position of Building Commissioner to be the official floodplain administrator for the City. |
8.1.5.
Use regulations. In the FPOD, no new building or structure shall be erected, constructed, altered, enlarged or moved and no dumping, filling or earth transfer or relocation shall be permitted. The following activities shall be permitted:
1.
Conservation of soil, water, plants and wildlife;
2.
Recreation, including play and sporting areas, education and nature study, golf, skating, boating, swimming and fishing, where otherwise legally permitted;
3.
Forestry, including tree nurseries;
4.
Storage of materials and/or equipment for cemetery, parks or playground purposes;
5.
Dwellings lawfully existing prior to the adoption of these provisions (including enlargement in area up to 25% of actual ground coverage).
8.1.6.
Coastal high hazard areas. In the FPOD, some areas are designated as coastal high hazard areas (Zone V). Since these areas are extremely hazardous due to high velocity waters from tidal surges and hurricane wash, all new construction shall be located landward of the reach of the mean high tide.
8.1.7.
Floodway.
1.
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.
2.
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Quincy's FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
8.1.8.
National Flood Insurance Program. The City of Quincy shall participate in the National Flood Insurance Program and its community rating system annually and shall adopt any further ordinances necessary to implement this program.
8.1.9.
Special permit.
The City of Quincy requires a special permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, storage facilities or mining, and any other development that might increase flooding or adversely impact flood risks to other properties.
In the FPOD, the Board of Appeals, (or, in the case of the QCD-10 or QCD-15 Districts, the Planning Board) may grant a special permit for any use or structure allowed in the underlying district, subject to the following; provided, however, that Urban Renewal Uses are exempt from this requirement:
1.
The request has been referred to the Planning Board, the Health Commissioner, the City Engineer and the Conservation Commission and reported upon by all, or 35 days shall have elapsed following such referral without receipt of such reports.
2.
The proposed use will not be detrimental to the public health, safety and welfare.
3.
The proposed use and/or structure will be built in accordance with the 100-year flood elevation as defined by the Department of Housing and Urban Development, Federal Insurance Map for the City of Quincy.
4.
The proposed use will comply in all respects to the provisions of the underlying district or districts within which the land is located.
5.
All new construction and substantial improvements (the cost of which equals or exceeds 50% of the market value of the structure) of residential and nonresidential structures shall have the lowest floor, including the basement or cellar, elevated to or above the 100-year flood elevation, or in the case of nonresidential structures be flood proofed, watertight to the 100-year flood elevation.
Quincy'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 floodplain overlay district. The proponent must acquire all necessary permit.
8.1.10.
Variances.
1.
Variances to floodplain development regulations shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
2.
A written justification for the variance will be maintained in the town's/City's building permit files, delineating the technical reason for the variance, and stating that the variance is the minimum necessary (considering the flood hazard) to afford relief.
3.
The town/City 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 for 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.
4.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
5.
Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP).
6.
A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if: 1) Good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
8.1.11.
Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
8.1.12.
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
8.1.13.
Unnumbered A Zones. 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.
8.1.14.
AO and AH Zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
8.1.15.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
8.1.16.
Protection of dunes. Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.
8.1.17.
Watercourse alterations or relocations in riverine areas.
In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:
• | Adjacent Communities, especially upstream and downstream. |
• | Bordering States, if affected. |
• | NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor Boston, MA 02114 |
• | NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 |
8.1.18.
Requirement to submit new technical data.
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.)
Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief 99 High St., 6th floor, Boston, MA 02110 |
And copy of notification to: |
Massachusetts NFIP State Coordinator MA Dept. of Conservation & Recreation 251 Causeway Street Boston, MA 02114 |
8.1.19. DEVELOPMENT FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM.) FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE1. 2. 3. 4. NEW CONSTRUCTION RECREATIONAL VEHICLE1. 2. 3. 4.
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Definitions.
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59] |
See "floodway".
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
A grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
8.2 Open Space District.
8.2.1.
Purpose. The purpose of the Open Space District is to identify those areas dedicated or used for public or semipublic uses, such as parks and recreation areas, cemeteries and open space reservations. Lands acquired and used for public or semipublic open space purposes by a private organization may be included in the Open Space District.
8.2.2.
Regulations. Within an Open Space District, no building or premises shall be used and no building or structure shall be permitted for other than one of the following specified purposes:
1.
Conservation of soil, water, plants and wildlife.
2.
Recreation, including play and sporting areas, education and nature study, golf, skating, boating, swimming and fishing where otherwise legally permitted.
3.
Forestry, including tree nurseries.
4.
Storage of materials and/or equipment for boat, cemetery, park or playground purposes.
8.2.3.
Public agencies. No structure or building shall be erected, altered or used by a public agency, except as permitted above.
8.3 Quincy Center Districts.
8.3.1.
Purpose. The purpose of this section is:
1.
To facilitate and provide incentives for new development of under-utilized sites within the Quincy Center Districts;
2.
To encourage mixed-use development; to encourage new development in areas accessible to public transit;
3.
To provide a predictable, clear and understandable process for the review of new development within the Quincy Center Districts;
4.
To promote and create jobs, housing inventory and affordable housing in conformance with Section 7.1 of this chapter;
5.
To enhance the architectural character of the Quincy Center Districts;
6.
To encourage ground floor uses within the Quincy Center Districts that serve the public; and
7.
To improve traffic access and circulation, and to create active pedestrian and street life in the Quincy Center Districts.
8.3.2.
Available uses; special permit required. Within the Quincy Center Districts, no buildings or premises shall be used for other than one of the following uses, and, except for urban renewal uses, such uses shall require the issuance of a special permit from the Planning Board.
[Amended 6-1-2020 by Order No. 2020-012]
1.
Retail business and consumer services, provided that no more than 25% of the building gross floor area is retail business and consumer services and provided further that the remaining building gross floor area is either multifamily dwelling or general office for commercial or professional use or both.
2.
All other uses permitted by right or by special permit in Appendix A[1] shall be allowed in the Quincy Center Districts except as provided below in the List of Prohibited Uses in Quincy Center Districts.
List of Prohibited Uses in Quincy Center Districts | ||
|---|---|---|
Principal Use | ||
A. | Residential Use | |
• | Lodging house | |
B. | Exempt and Institutional Use | |
• | Municipal waste disposal area operated by the City or under contract to the City | |
C. | Retail Uses | |
• | None | |
D. | Restaurant Uses | |
• | None | |
E. | Miscellaneous Commercial Uses | |
• | Adult use | |
• | Body art establishment | |
• | Nonexempt commercial nursery or greenhouse | |
F. | Motor Vehicle Uses | |
• | Motor vehicle service station | |
• | Motor vehicle general repair | |
• | Motor vehicle sales, service and rental establishments | |
• | Motor vehicle body or paint shop | |
G. | Drive-in Uses | |
• | None | |
H. | Warehouse, Wholesale and Storage Uses | |
• | Wholesale business and storage in roofed structure | |
• | Distribution center, parcel delivery center or delivery warehouse | |
• | Storage warehouse/building or cold storage plant, but not including storage or bailing of junk, scrap metals, rags, wastepaper or used rubber | |
• | Open lot storage of new building materials, but not including junk, scrap metal, rags, wastepaper and similar materials | |
• | Open lot storage of lumber and building materials | |
• | Open lot storage of construction equipment | |
I. | Industrial Uses | |
• | Food and beverage manufacturing, bottling or processing or commissary | |
• | Assembly or packaging of articles not exceeding 200 pounds, provided no manufacturing or processing is carried out | |
• | Manufacture, processing, assembly or other industrial operations | |
• | Processing of sand and gravel and the manufacture of bituminous concrete | |
• | Stonecutting, shaping and finishing in completely enclosed building | |
• | Waste recovery facility (resource recovery plants, solid waste recovery plants, any transfer station for solid waste or any other similar facility) | |
J. | Transportation-Related Uses | |
• | Rail freight terminal/storage and yard accessory to railroad operations, provided that such freight terminals are not less than 300 feet from any residence district | |
• | Water freight terminal, including docks, piers, wharves and the like, provided that such port facilities are not less than 300 feet from any residential district | |
• | Truck terminal, yard or building for storage or servicing of cargo trailers, trucks/buses and parking lot for trucks/buses | |
Accessory Uses | ||
K. | Residential Accessory Uses | |
• | None | |
L. | Nonresidential Accessory Uses | |
• | Repair garage accessory to motor vehicle sales | |
M. | Other Uses | |
• | None | |
[1]
Editor's Note: Appendix A, Table of Use Regulations, is included as an attachment to this chapter.
3.
Notwithstanding any other provision of this chapter to the contrary, mixed uses within a single building or structure (i.e., retail/residential; retail/commercial office) shall be allowed within the Quincy Center Districts if the structure conforms to the dimensional requirements set forth in Section 8.3.3 below.
8.3.3.
Dimensional requirements. Within the districts, the following dimensional requirements shall apply:
1.
Minimum lot size (square feet): 15,000; 7,500 for urban renewal use.
2.
Minimum lot area per dwelling unit, QCD-10 and QCD-15 (square feet): 325; not applicable to urban renewal use.
3.
Maximum number of stories, QCD-10: 10.
4.
Maximum number of stories, QCD-15: 15, but 20 by special permit for urban renewal use.
5.
Urban renewal use. For an urban renewal use where air rights parcels are utilized, common ownership of a lot shall not be required.
8.3.4.
Off-street parking. For purposes of these requirements, a residential studio unit and each room in a lodging house shall be considered to be a one-bedroom dwelling unit. Off-street parking facilities in the Quincy Center Districts shall be provided as follows:
1.
Residential. Minimum number of parking spaces per bedroom within a dwelling unit where 80% or more of building gross floor area is residential: 1.0.
2.
Residential. Minimum number of parking spaces per bedroom within a dwelling unit where less than 80% of building gross floor area is residential: 0.75 for the first bedroom in a dwelling unit and 0.5 for each additional bedroom.
3.
Assembly. One space per 10 seats.
4.
Institutional. One space per 2,000 square feet of gross floor area.
5.
Office. One space per 600 square feet of gross floor area; provided, however, that for new construction with a net increase in gross floor area of 10,000 square feet, parking shall be provided at a ratio of one space for every 400 square feet of office or retail use and at a ratio of one space for every 300 square feet of restaurant use.
6.
Urban renewal use other than residential condominium/cooperative units. The number of spaces shall be as determined by the Planning Board in accordance with the certification of consistency.
7.
Urban renewal use comprised of one or more residential condominium/cooperative units. One space per dwelling unit.
8.3.5.
(Reserved)
8.3.6.
Site plan review. Except for urban renewal uses and as provided below, all uses and all structures within the Quincy Center Districts shall require a special permit. When the proposed change, addition, alteration or renovation is less than 20% of the gross square foot area of an existing structure or less than 5,000 square feet of floor area or lot area, whichever is less, only site plan review shall be required.
8.3.7.
Special permit granting authority. The Quincy Planning Board is hereby designated the special permit granting authority for all matters within the Quincy Center Districts. The Planning Board is authorized to approve or disapprove:
8.3.8.
Special permit and site plan approval criteria. The Planning Board shall not approve a special permit or site plan unless it finds that all of the following additional criteria are met:
1.
The Planning Board has adopted the Quincy Center District Design Guidelines, dated November 2005, and the Quincy Center Districts Urban Revitalization and Redevelopment Plan, dated May 7, 2007, both as may be amended, for use in implementing this subsection. Those guidelines shall be provided to every permit applicant, who shall be required to show compliance with these guidelines as part of its application. The Planning Board shall include as a part of any permit decision a statement addressing compliance issues with these guidelines.
2.
For mixed-use projects, the applicant must establish that the proposed uses are to be located within structure(s) in a manner that promotes ease of use and access and consistency with the surrounding uses/architecture; e.g., retail uses should front onto a street and new housing shall be consistent with any adjacent existing residential use in terms of density, style of architecture, etc.
3.
Any development should be pedestrian friendly, as the Quincy Center Districts will have limited vehicular access, and should be consonant with the development goals for the district. Indicators of compliance with this criterion include:
a.
Ground floors, particularly where they face public streets, public parks, and publicly accessible pathways, consist of spaces that are actively inhabited by people, such as retail stores, consumer service businesses and restaurants, general office, educational or residential uses. Where a mix of activities is accommodated in a building, the more active uses are encouraged facing public streets, parks and pathways.
b.
Covered parking on the lower floors of a building and on-grade open parking shall be discouraged where the parking faces a public street, public park, or publicly accessible pathways.
c.
Ground floors should be generally 25% to 50% transparent. The greatest amounts of glass would be expected for retail uses with lesser amounts for office, institutional or residential use.
d.
Entries to buildings shall be located so as to ensure safe pedestrian movement across streets, encourage walking as a preferred mode of travel within the City and to encourage the use of public transit for employment and other trips. Relating building entries as directly as possible to crosswalks and to pathways that lead to bus stops and transit stations is encouraged; buildings shall be located and developed to encourage pedestrian pathways over the lot and through the districts.
4.
Where appropriate, housing shall be a component of any large commercial development.
5.
The common areas, both internal and external, shall, where appropriate, be accessible to the pedestrian public. Restrictions on this access can be established by the applicant or its successor in interest.
6.
The location, dimensional and aesthetic features of the proposed development shall not be detrimental to the architectural character of the downtown, to the improvement of traffic access and circulation, and to the creation of active pedestrian and street life within the districts.
7.
There will be no nuisance or serious hazard to vehicles or pedestrians.
8.
Adequate and appropriate facilities (including but not limited to parking and loading) will be provided for the proper operation of the proposed use. Said facilities shall be located and designed so as to be compatible with neighboring developments.
9.
Historical buildings and places within the Quincy historical district are to be respected and protected. Special consideration shall be given to the preservation of historical buildings and places within the Quincy Center Districts.
8.3.9.
Public Art and Place-Making Program. It is the purpose of this subsection to lessen the visual impact of development and to create a Public Art and Place-Making Program for new development and redevelopment in the Quincy Urban Redevelopment District and the Quincy Center Zoning Districts on plots greater than 1/4 acre. The Public Art and Place-Making Program, through the requirements of this subsection, shall further the commitment of the City of Quincy to the aesthetic enrichment of the community through the creation, preservation and protection of works of art.
8.3.10.
Public Art Commission. There is hereby established a Commission to be known as the "Public Art Commission." The Public Art Commission shall consist of five members plus an additional two alternates and one nonvoting high school student, all of whom shall be appointed by the Mayor. A quorum shall consist of three voting members. The Public Art Commission members shall be nominated as follows:
1 nomination by the President of the City Council |
3 nominations by the Mayor |
1 nomination by the Planning Board |
2 alternates nominated by the Mayor |
1 nonvoting student nominated by the Mayor |
8.3.11.
Powers and duties of Commission. The Public Art Commission powers and duties shall include but not be limited to:
1.
Adoption of Public Art and Place-Making Program guidelines and amendments thereto.
2.
Authorizing expenditures of $20,000 or less in furtherance of the public art program.
3.
Recommending to the Mayor other expenditures of the Public Art Fund in excess of $20,000.
4.
Establishing an annual administrative budget for the Commission.
5.
Establishing an annual calendar which shall include not fewer than six open public meetings of the Commission.
8.3.12.
On-site and off-site contributions. All development, redevelopment, remodeling or converting greater than 20,000 square feet in gross floor area which is in nonresidential districts, or within mixed-use or multifamily districts on plots greater than 1/4 acre within the Quincy Urban Redevelopment District of the Quincy Center Zoning Districts, shall participate in the Public Art and Place-Making Program. When construction is phased, the aggregate gross square footage of the entire project or development shall be added together to determine whether the twenty-thousand-square-foot threshold is reached. Owners have the three choices for participating in the Public Art and Place-Making Program as follows:
1.
Off-site option. The owner of a development or redevelopment may pay as mitigation 1% of the development hard costs, exclusive of land acquisition expenses, to the Commission's Public Art Fund prior to the issuance of a building permit;
2.
On-site option. The owner of a development or redevelopment project may provide artwork located at the development site equal to or greater than 1% of the development hard costs, exclusive of land acquisition expenses, for the project; or
3.
The owner of the development and the Public Art Commission may agree to allocate part of the funding to pay for on-site art and place the remainder of the contribution into the off-site Public Art Fund.
8.3.13.
Public Art Fund. There is hereby created a Public Art Fund administered by the Public Art Commission which shall consist of all contributions received from projects as defined under Section 8.3.12. The Public Art Fund shall also include cash grants and donations to the City for public art and place-making projects from governmental or private resources and all other funds allocated by the City through DIF funding or any budgetary process for the provision of public art. The Public Art Fund shall be used solely for the Commission's administrative budget and expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public education, promotion, administration, removal and insurance of the works of art or in relation thereto.
8.3.14.
Public Art and Place-Making Program Guidelines. The Public Art Commission shall prepare, and from time to time revise, Public Art and Place-Making Program Guidelines, as part of the Quincy Center District Design Guidelines, which shall provide guidance for program organization; organizational governance and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; donation; loans and memorials; collection management; and administration of the Public Art Fund. Such guidelines shall be made available to the public.
8.4 Planned Unit Development Districts.
8.4.1.
Permitted uses. Within any Planned Unit Development and Planned Unit Development 1 District, no buildings or premises shall be used, and no building or structure shall be permitted, for other than one of the following specified purposes:
1.
Detached dwellings occupied by not more than one family, conforming to the requirements of Residence A Districts, shall be permitted by right.
2.
Planned communities under unified ownership or control in those areas of the City provided with sanitary sewers, disposal facilities, adequate highway access and public water supply shall be allowed by special permit by the City Council. Within such planned communities, the location of all residential, commercial, industrial and governmental uses, school sites, parks, playgrounds, recreation areas, parking areas and other open spaces shall be controlled in such a manner as to permit a variety of housing accommodations and land uses in orderly relationship to one another. All uses permitted by right or by special permit shall be allowed in a Planned Unit Development District.
3.
Public ways and private accessways, with Planning Board approval of a definitive subdivision plan, of at least fifty-foot width, to land in any district which is isolated or landlocked or which has inadequate access.
4.
The redevelopment of a hospital site.
[Added 12-18-2017 by Order No. 2017-189]
8.4.2.
Dimensional requirements. In any Planned Unit Development District and Planned Unit Development 1 District, the following dimensional requirements shall apply for any development except single-family dwellings which shall conform to the dimensional requirements of Residence A Districts:
Minimum PUD/PUD 1 size (square feet) | 100,000 |
Minimum PUD/PUD 1 area per dwelling unit (square feet) | 2,000 |
Minimum open space per dwelling unit (square feet) | 100 |
Maximum floor area ratio | 4.0 |
Maximum number of stories | 8 |
8.4.3.
Off-street parking. Off-street parking facilities shall be provided as follows (see also Section 5.1):
Residence - minimum number of spaces per dwelling unit | 1.25 |
Assembly - number of seats requiring 1 space | 10 |
Institution - number of square feet requiring 1 space | 1,000 |
Retail - number of square feet requiring 1 space | 400 |
Office - number of square feet requiring 1 space | 400 |
Factory and warehouse - number of square feet requiring 1 space | 2,000 |
8.4.5.
Location of structures; open space. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses or to existing or prospective development of the neighborhood. Open spaces, including those between structures, shall be protected where necessary by adequate restrictions or covenants, running with land conveyances or dedications. Every single-family dwelling shall have access to a public court, walkway or other area dedicated to public use.
8.4.6.
Special permit required. Planned communities as set forth in Section 8.4.1.2 shall be permitted after submission to the Planning Board in accordance with MGL c. 40A, § 11, and the issuance of a special permit by the City Council. The plans and descriptions, when approved by a two-thirds vote of all the members of the City Council in conformance with the standards and regulations set forth in this section, should constitute the controls placed on the special permit. Any change or amendment in the plan or written description shall require after submission to the Planning Board in accordance with MGL c. 40A, § 11, the approval of 2/3 of the members of the City Council.
8.4.7.
Age-restricted housing. In any Planned Unit Development District and Planned Unit Development 1 District, an age-restricted senior housing facility may be permitted under this section, provided that the facility satisfies the application and submittal requirements of this section, and for such age-restricted senior housing facility the revised dimensional requirements applicable shall be as follows:
Minimum PUD/PUD 1 size | 5 acres |
Minimum PUD/PUD 1 area per dwelling unit (square feet) | 1,250 |
The City Council shall approve the form or forms of ownership and management controls which limit the occupancy to residents who have attained the age of 55 years and which forms may be altered or modified from time to time during the useful life of the facility so long as the age-restricted limitation is not altered and so long as no temporary or permanent overnight occupancy for a period in excess of 14 days by any person who has not attained the age of 55 years, related or not, is permitted. The spouse of a qualified resident who has attained the age of 55 years may be exempted from the age-restricted limitation hereby imposed. |
8.4.8.
Congregate elderly facility. In any Planned Unit Development District and Planned Unit Development 1 District, a congregate elderly facility may be permitted, provided that the facility satisfies the application and submittal requirements of this section.
8.4.9.
Congregate elderly facility; dimensional requirements. In addition to the requirements of this section and for such congregate elderly facility, the revised dimensional requirements applicable shall be as follows:
Minimum PUD/PUD 1 size (square feet) | 38,000 |
Minimum PUD/PUD 1 area per dwelling unit (square feet) | 500 |
Maximum floor area ratio | 2.0 |
Maximum number of stories | 6 |
Minimum number of parking spaces per dwelling unit | 0.5 |
8.4.10.
Congregate elderly facility; special permit. Congregate elderly facilities shall be permitted after submission to the Planning Board in accordance with MGL c. 40A, § 11, and the issuance of a special permit by a two-thirds vote of all members of the City Council. Any change or amendment in the plan or conditions shall require approval by a two-thirds vote of all members of the City Council.
1.
Each application shall include a development plan with a building profile and site plan, including existing and proposed topography, public utilities, parking, streets or ways, landscaping and other site-development-related information.
2.
Each application also shall include a vicinity map showing the proposed use in relation to transit services, grocery stores, parks and open space, community facilities, medical facilities and a description of proposed management of the facility and the number and types of services to be provided to the residents.
3.
Each application shall also include a market survey performed by a reputable marketing firm that outlines the need for the proposed elderly housing facility.
8.4.11.
Congregate elderly facility; required facilities. Community space and related equipment shall be required to provide social and recreational opportunities for facility occupants. Included may be such facilities as game rooms, meeting rooms, or music or craft rooms. All facilities must provide a doctor's examining room.
8.4.12.
Congregate elderly facility; transportation. Each complex must provide a transportation management plan that should demonstrate private transportation for all residents of the complex. This may include, but not be limited to, private van service and taxicab voucher system.
8.4.13.
The redevelopment of a site now or formerly serving as a hospital facility shall be permitted as of right, provided only that the redevelopment includes the reuse of existing structures, the construction of new structures and related improvements for the same or similar medical purposes, assisted living, long-term care, senior independent living or residential uses subject to the provisions herein. Such redevelopment shall be subject to site plan review by the Planning Board under Section 9.5, acting as permit granting authority for such redevelopment purposes hereunder. Any residential component shall be subject to the provisions of Section 7.0 relating to affordable housing. Except as provided in this section, any redevelopment shall be subject only to the provisions of Section 8.4.14 in regard to dimensional, parking and loading requirements.
[Added 12-18-2017 by Order No. 2017-189]
8.4.14.
Dimensional, parking and loading requirements. The following requirements shall be applicable to the redevelopment of a lot under the provisions of this and the previous section:
[Added 12-18-2017 by Order No. 2017-189]
8.5 Transit-oriented districts.
[Added 11-21-2016 by Ord. No. 2016-249; amended 4-4-2022 by Order No. 2022-051]
8.5.1.
Purpose.
1.
The purpose of this section is:
a.
To provide greater opportunity for the construction of quality developments on and adjacent to land used for transit facilities by providing flexible guidelines which allow the integration of a variety of land uses consistent with and taking advantage of such transit uses in one development;
b.
To encourage mixed-use development in areas accessible to public transit;
c.
To provide a predictable, clear and understandable process for the review of new development within the transit-oriented districts;
d.
To promote and create jobs, housing inventory and affordable housing in conformance with Section 7.1 of this chapter;
e.
To enhance the architectural character of the transit-oriented districts;
f.
To improve traffic access and circulation;
g.
To promote uses within the transit-oriented districts which are complementary with the nearby transit uses; and
h.
To identify and engage in opportunities to collaborate with the public, in a robust and through public process.
2.
Transit-oriented districts shall be overlay districts on the Zoning Map and, for any land within a transit-oriented district, a developer may choose to conform either to all the controls which govern the underlying zoning district or to the transit-oriented district, and if electing the transit-oriented district, such development shall be subject to the development controls and processes set forth in this Section 8.5.
3.
The following transit-oriented district overlay districts provided for by this Section 8.5 and shown on the maps attached to and adopted with this Section 8.5 are hereby established: at the North Quincy Station of the Massachusetts Bay Transportation Authority (MBTA); and another tract of land to be known as the "Centre Street Transit Oriented District" and consisting of all of the land depicted on a plan of land prepared by Bohler Engineering, dated March 28, 2022, entitled "Centre Street Transit Oriented District" and on file with Quincy City Clerk.
8.5.2.
Uses. Within transit-oriented districts, buildings and premises may be used for TOD permitted uses subject to compliance with the requirements of Section 8.5.3. TOD prohibited uses shall be prohibited in transit-oriented districts. Any other use may be permitted in a transit-oriented district with a special permit from the Planning Board pursuant to Section 8.5.6.
8.5.3.
Dimensional requirements. Within transit-oriented districts, the following dimensional requirements shall apply:
1.
Minimum lot size: one acre.
2.
Minimum lot area per dwelling unit: 325 square feet.
3.
Maximum number of stories: eight.
4.
A development parcel may consist of multiple legal parcels which may be owned by different parties and which are not required to be contiguous.
5.
There shall be no minimum or maximum dimensional requirements in transit-oriented districts other than as set forth in this Section 8.5.3. Upon the issuance of a certification of consistency for a proposed development in a transit-oriented district, the dimensions reflected on the reviewed site plan shall be deemed to be in compliance with this section.
6.
The dimensional requirements in a transit-oriented district may be reduced or modified as permitted by the Quincy Planning Board in accordance with its consistency review, if the Quincy Planning Board determines that such a reduction or modification is consistent with the purpose of transit-oriented districts and this Section 8.5.
8.5.4.
Off-street parking. For purposes of these requirements, a residential studio unit shall be considered to be a one bedroom dwelling unit. Off-street parking facilities in transit-oriented districts shall be provided at the following minimum amounts:
1.
Residential: one per dwelling unit.
2.
Retail: three per 1,000 square feet of gross floor area.
3.
Restaurant: one per 10 seats.
4.
Assembly: one per 10 seats.
5.
Institutional: one per 2,000 square feet of gross floor area.
6.
Office: one per 600 square feet of gross floor area; provided, however, that for new construction with a net increase in gross floor area of 10,000 square feet, parking shall be provided at a ratio of one space for every 400 square feet.
7.
Shared parking. Because of the proximity of an MBTA transit station in a transit-oriented district, where a mix of uses is proposed within a development parcel and where the uses in question have peak user demands at different times, up to 50% of the required amount of minimum parking set forth in this Section 8.5.4 may be provided via a shared parking arrangement.
8.5.5.
Consistency review. All development and redevelopment of all uses and all structures within transit-oriented districts (if the owner or developer of the proposed development or redevelopment has elected to permit such development or redevelopment in a transit-oriented district and Sections 8.5.1 through 8.5.4 rather than the underlying zoning district) shall require a determination by the Quincy Planning Board of consistency with this Section 8.5. Development or redevelopment in a transit-oriented district is exempt from the requirements of Section 8.1 of this chapter regarding development in the Floodplain Overlay District, including any requirement for a special permit; the treatment of impacts on the floodplain shall instead be taken into consideration by the Planning Board during its consistency review of the applicable transit-oriented district development.
8.5.6.
Special permit granting authority. Where the following is otherwise required for a development in a transit-oriented district (which development or redevelopment is being permitted pursuant to the transit-oriented overlay district and Sections 8.5.1 through 8.5.4), the Quincy Planning Board is hereby designated as the special permit granting authority for such matters within transit-oriented districts:
8.5.7.
Special permit and consistency review criteria. The Planning Board shall not approve a special permit or make a determination of consistency for a project in a transit-oriented district proceeding under a transit-oriented district and this Section 8.5 unless it finds that all of the following criteria have been met:
1.
The project conforms with the TOD design guidelines.
2.
For mixed-use projects, the applicant must establish that the proposed uses are to be located within structure(s) in a manner that promotes ease of use and access.
3.
Where appropriate, housing shall be a component of any large-scale commercial development.
4.
Where appropriate, the common areas of the development, both internal and external, shall be accessible to the public. Reasonable restrictions on public access as appropriate can be established by the applicant or its successor in interest. This concept shall not apply to common areas exclusively serving the residents of residential developments.
5.
The location of buildings and features, dimensions of the site and the development, traffic impacts and aesthetic features of the proposed development shall not be detrimental to vehicular access and circulation within the site and the area leading to and surrounding the development parcel.
6.
There will be no nuisance or serious hazard to vehicles or pedestrians.
7.
Adequate and appropriate facilities (including but not limited to trash, snow storage or removal, parking and loading) will be provided for the proper operation of the proposed use.
8.5.8.
Prevailing wage. Any development under this transit-oriented district shall be required to compensate workers no less than the current prevailing wage.
8.6 MBTA Community Multi-Family Overlay District.
[Added 12-18-2023 by Order No. 2023-118]
8.6.1.
Purpose. The purpose of the MBTA Communities Multi-family Overlay District (MCMOD) is to allow multifamily housing as of right in accordance with the provisions of MGL c. 40A § 3A ("the Massachusetts Zoning Act"). This section is intended to supplement the provisions of Section 8.5 of the Code by providing for as of right multi-family housing, in compliance with Section 3A, to accomplish the following purposes:
1.
Meet local housing needs along the full range of incomes, promoting social and economic diversity and the stability of individuals and families living in Quincy.
2.
Ensure that new multi-family housing creation is harmonious with the existing community.
3.
Provide a wide range of housing alternatives to meet Quincy's diverse housing needs.
4.
Promote smart growth development by siting multi-family housing adjacent to transit or in areas where existing commercial and civic amenities and infrastructure already exist.
5.
Increase the municipal tax base through private investment in new residential development.
8.6.2.
Establishment and applicability. This MCMOD is an overlay district having a land area of approximately 161 acres in size that is superimposed over the underlying zoning district(s) known as the North Quincy Zoning District and the West Quincy Zoning District, each as shown on the Zoning Map.
1.
Applicability of MCMOD. An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this Section 8.6.
2.
Underlying Zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in Section 8.6 are governed by the requirements of the underlying zoning district(s).
8.6.3. AFFORDABLE HOUSING AFFORDABLE UNIT APPLICANT AREA MEDIAN INCOME (AMI) AS OF RIGHT COMPLIANCE GUIDELINES DESIGN GUIDELINES DEVELOPMENT STANDARDS DHCD EOHLC MBTA MULTI-FAMILY HOUSING MULTI-FAMILY ZONING DISTRICT PARKING, STRUCTURED PARKING, SURFACE RESIDENTIAL DWELLING UNIT ROOFTOP TERRACE SECTION 3A SITE PLAN REVIEW AUTHORITY SUBDISTRICT SUBSIDIZED HOUSING INVENTORY (SHI) TRANSIT STATION1. 2. 3.
Definitions. For purposes of this Section 8.6, the following definitions shall apply. Definitions applicable to this section that are now defined in Section 10.0 are incorporated by reference herein, unless specifically stated otherwise.
Housing that contains affordable units as defined above.
A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both. This definition supersedes the definition found in Section 10.0 for purposes of Section 8.6, only.
A person, business, or organization that applies for a building permit, site plan review, or special permit.
The median family income for the metropolitan statistical region that includes the City of Quincy, as defined by the U.S. Department of Housing and Urban Development (HUD).
Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
Compliance Guidelines for Multi-Family Zoning Districts under Section 3A of the Zoning Act as further revised or amended from time to time.
Design Standards made applicable to all rehabilitation, redevelopment, or new construction within the MCMOD.
Provisions of Section 8.6 General Development Standards made applicable to projects within the MCMOD.
The Massachusetts Department of Housing and Community Development, or any successor agency.
The Massachusetts Executive Office of Housing and Livable Communities, DHCD's successor agency.
Massachusetts Bay Transportation Authority.
A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.
A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure but is entirely covered and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports. This definition supersedes the definition found in Section 10.0 for purposes of Section 8.6, only.
One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This definition supersedes the definition found in Section 10.0 for purposes of Section 8.6, only.
A roofless, raised platform on the roof of a building that provides community gathering space, such as a deck, terrace, community garden, or other outdoor amenities.
Section 3A of the Zoning Act.
The Planning Board is the site plan review authority for all purposes under this Section 8.6.
An area within the MCMOD that is geographically smaller than the MCMOD district and differentiated from the rest of the district by use, dimensional standards, or development standards.
A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.
An MBTA subway station, commuter rail station, or ferry terminal.
Commuter rail station. Any MBTA commuter rail station with year-round, rather than intermittent, seasonal, or event-based service.
Ferry terminal. The location where passengers embark and disembark from regular, year-round MBTA ferry service.
Subway station. Any of the stops along the MBTA Red Line.
8.6.4.
Special permit granting authority. The Quincy Planning Board is hereby designated the special permit granting authority for all matters within the MCMOD. The Planning Board is authorized to approve or disapprove:
1.
All special permits for uses;
2.
All site plans;
3.
All applications seeking a finding pursuant to MGL c. 40A, § 6; and
4.
All special permits for a use or structure in relation to any related matter, such as application of the Flood Plain Overlay District, or such other requirements as may be applicable.
8.6.5.
Permitted uses.
1.
Uses permitted as of right. The following uses are permitted as of right within the MCMOD.
a.
Multi-family housing.
b.
Mixed-use development. As of right uses in a mixed-use development are as follows:
1.
Ground Floor Community space.
2.
Educational uses.
3.
Personal services.
4.
Retail. Experiential retail, including retail associated with dance or exercise studios, music studios, photography studios, or other combination of education, services, and retail.
5.
Restaurant, cafe, and other eating establishments without a drive-through.
6.
Office, professional office, medical and dental offices, and co-working space.
7.
Artists' studios, maker space, and small-scale food production (no more than 5,000 square feet), and retail associated with each use.
8.
Any floor residential (required component).
2.
Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in Subsection 1, above.
a.
Parking, including surface parking and parking within a structure such as an above ground or underground parking garage or other building on the same lot as the principal use.
8.6.7.
Off-street parking.
1.
Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:
Use/Location* | Maximum Spaces per Residential Dwelling Unit |
|---|---|
Within 1/4 mile of a Transit Station | 1.5 |
Within 1/2 mile of a Transit Station | 1.5 |
Over 1/2 mile from a Transit Station | 2.0 |
Mixed-use, non-residential | See Section 8.5.4 and then compute sum of uses, computed separately. |
* All uses are presumed to consist of entirely, or include, multi-family. | |
8.6.8.
General development criteria. The criteria found in Section 8.3.8 are applicable to all multi-family development with more than 6 units or mixed-use development of more than 25,000 square feet within the MCMOD. These criteria are components of the site plan review process in said Section 8.3.8 and shall be reviewed in accordance with the provisions of Section 8.5.5.
8.6.9.
Affordability requirements.
1.
Purpose.
a.
Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;
b.
Provide for a full range of housing choices for households of all incomes, ages, and sizes;
c.
Increase the production of affordable housing units to meet existing and anticipated housing needs; and
d.
Work to overcome economic segregation allowing Quincy to continue to be a community of opportunity in which low- and moderate-income households have the opportunity to advance economically.
2.
Applicability. This requirement is applicable to all residential and mixed-use developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be divided or phased to avoid the requirements of this section.
3.
Affordability requirements.
a.
Subsidized Housing Inventory. All units affordable to households earning 80% or less of AMI created in the MCMOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory.
4.
Provision of affordable housing. In applicable projects, not fewer than 10% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded up and down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.
5.
Development standards. Affordable units shall be:
a.
Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;
b.
Dispersed throughout the development;
c.
Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;
d.
Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;
e.
Distributed proportionately among unit sizes; and
f.
Distributed proportionately across each phase of a phased development.
g.
Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis.
6.
Administration. The Affordable Housing Trust Committee shall be responsible for administering and enforcing the requirements in this section.
8.6.10.
Site plan review.
1.
Applicability. Site plan review is required for a project that proposes 6 dwelling units or more. An application for site plan review shall be reviewed by the permitting authority for consistency with the purpose and intent of Section 3A of the Zoning Act and this Section 8.6.
2.
Submission requirements. As part of any application for site plan review for a project herein, and prior to submission of any application for a building permit, the applicant must submit the following documents to the Municipality:
a.
Application and fee for site plan review.
b.
Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by the municipality for site plan review.
c.
Elevations of the building(s) showing the architectural design of the building.
d.
All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the permitting authority.
e.
Narrative of compliance with all applicable design standards herein.
3.
Timeline. Site plan review should be commenced no later than the 30th day after the submission of a complete application and should be completed expeditiously. The site plan review authority may, when appropriate, seek the input of other municipal boards or officials. In general, site plan review should be completed no more than six months after the submission of the application.
4.
Site plan approval. Site plan approval for permitted uses shall be granted upon determination by the site plan review authority that the following conditions have been satisfied. The site plan review authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied.
a.
Applicant has submitted the required fees and information as set forth in the municipality's requirements for a building permit and site plan review.
b.
Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage that demonstrates compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Municipality MS4 Permit for projects that disturb more than one acre and discharge to the City's municipal stormwater system, and consistent with TOD guidelines in Section 9.3.3.
c.
Applicant has provided an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.
d.
Applicant's plan meets the objectives set forth in Section 9.5.5, Parts 1, 2, 4 and 5.
5.
Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the site plan review authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions this Section's affordability requirements.