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Randolph City Zoning Code

ARTICLE 9

Special Regulations

§ 9.1 Mixed-use

In each district in which Mixed-Use is permitted, a development shall comply with the following minimum requirements. Unless otherwise stated, the requirements of this section shall apply to uses and structures permitted under the regulations of this section. In the event of a conflict, the regulations of this section shall apply.
A. 
Exceptions.
(1) 
This section, Mixed-Use, shall not apply to any overlay district.
B. 
Applicability.
(1) 
Only uses that are permitted by right or special permit in the zoning district may be included in the mixed-use development.
(a) 
Neither drive-through windows, accessory uses with a drive-up/drive-through function nor 24-hour business operations are permitted in a Mixed-Use development.
(2) 
Notwithstanding the other provisions contained in this Town of Randolph Zoning Ordinance, the Planning Board shall be the Special Permit Granting Authority (SPGA) for a Mixed-Use Development when there are fewer than twenty-five (25) dwelling units (existing or new) proposed.
(3) 
Notwithstanding the other provisions contained in this Town of Randolph Zoning Ordinance, the Town Council shall be the Special Permit Granting Authority for any Mixed-Use development when there are twenty-five (25) or greater dwelling units (existing or new) proposed.
(4) 
If a nonresidential use in a Mixed-Use development requires a Special Permit, the SPGA issuing the special permit for the Mixed-Use development shall also be the SPGA for the nonresidential use superseding any other section of this Town of Randolph Zoning Ordinance.
(5) 
Site Plan Design Review shall be conducted by the applicable SPGA.
C. 
Dimensions.
(1) 
The dimensional standards generally applicable in the district as set forth in the Table of Dimensional Requirements shall apply.
(2) 
The SPGA may waive dimensional requirements when a Mixed-Use development includes the redevelopment of an existing structure.
(3) 
More than one structure on a parcel is permitted upon review and decision of the SPGA.
(4) 
Any Back-Lot Structure(s) may not be taller than the principal structure.
D. 
Site design standards.
(1) 
All permitted nonresidential uses shall be limited to the ground floor and basement of the principal structure. The SPGA may permit nonresidential uses to occupy other floors of the principal structure only after determining that the location and design of such spaces, including access and egress, will not impact the privacy or security of residential occupants.
(2) 
If the Mixed-Use Development includes multiple structures, any Back-Lot Structure(s) may contain either a mix of nonresidential uses and dwelling units or only dwelling units.
(3) 
The nonresidential uses in a Mixed-Use development shall be developed prior to or concurrently with residential uses. Concurrency shall be established by approval of a Master Plan that provides a mix of uses that includes all proposed uses.
(4) 
A minimum of twenty-five percent (25%) and a maximum of seventy-five percent (75%) of the total square footage of all structures contained in a Mixed-Use Development shall be devoted to dwelling units.
(5) 
Minimum residential densities for a Mixed-Use development shall be twelve (12) units per gross acre.
(a) 
Density shall be calculated as the total area of the parcel less any land which is part of a Wetland Resource Area as specified in 310 CMR 10.02(1)(a) subject to protection under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, nor any land within seventy-five (75) feet of such Wetland Resource Area.
(b) 
When a development site is composed of two (2) or more phases, each phase shall also meet this standard.
(6) 
Dwelling units must contain a minimum of six hundred twenty-five (625) square feet of usable living area.
(7) 
In any Principal Structure, entry to the dwelling units must be from the side or back of the structure; not on the street frontage or any open public space.
(8) 
At least one designated entrance for nonresidential uses shall be provided on each floor of a structure that contains a nonresidential use.
(9) 
Areas of a structure intended for nonresidential use must be constructed such that there is no direct access to areas of the structure intended for dwelling units except as necessary in an emergency.
(10) 
Ground level frontage of the Principal Structure shall be devoted to nonresidential entrances, windows and public open space amenities.
(11) 
In newly constructed Principal Structures in a Mixed-Use Development, ground floors shall be a minimum of eleven (11) feet from floor to ceiling to enhance the pedestrian streetscape regardless of the overall building height.
(12) 
Clear pedestrian pathways shall be provided between structures on the same parcel and, to the extent practicable, between buildings on adjacent parcels to ensure continuous safe pedestrian access.
(13) 
A Mixed-Use development must provide a sign plan to the SPGA at the time of application.
(a) 
Wall signs for nonresidential uses may be illuminated with exterior lighting or by reverse channel letters only.
(14) 
Where any Mixed-Use development abuts a residentially zoned parcel(s), there shall be adequate transition between the Mixed-Use development and adjacent residentially zoned parcel(s). Fencing, landscaping and similar items may be used to accomplish this.
E. 
Parking.
(1) 
Parking areas, including below- or at-grade structures, for a Mixed-Use development shall be located to the side and/or rear of the parcel; parking is prohibited in the front yard.
(a) 
Parking areas that abut any public right-of-way or any at-grade parking structure shall require screening.
(b) 
Where locating parking according to the terms of this zoning ordinance is not feasible due to existing structures, topography, alternative locations shall be considered by the SPGA.
(2) 
There shall be a minimum of one and one-quarter (1.25) parking spaces for each dwelling unit (rounded up).
(3) 
There shall be a minimum of one (1) space per one thousand (1,000) square feet of nonresidential floor area.
(4) 
In the event of a restaurant one (1) parking space shall be provided for every four (4) patron seats.
(5) 
A lesser number of parking spaces may be permitted by the SPGA upon determination that the Special Permit applicant has demonstrated, through methods acceptable to the SPGA, that parking demand will not exceed what can be met by the minimum required parking.
(6) 
Bicycle parking shall be provided as follows:
(a) 
A minimum of one (1) space per every ten (10) dwelling units (rounded up) located indoors near the primary entrance to the development's dwelling units.
(b) 
A minimum of one (1) space for every five thousand (5,000) square feet of nonresidential floor area (rounded down) located near the primary entrance to ground floor nonresidential units.
F. 
Affordable dwelling units — subsidized housing inventory. Any Mixed-Use development, whether through conversion or new construction, that includes greater than ten (10) dwelling units, must include dwelling units that comply with the requirements and regulations of the Executive Office of Housing and Livable Communities (EOHLC) as Local Action Units (LAU) through a Local Initiative Program (LIP) as specified below:
(1) 
Ownership units. For all Mixed-Use developments where the Affordable Dwelling Units proposed are Homeownership Units, not less than twenty percent (20%) of the total dwelling units constructed in the mixed-use development shall be Affordable Dwelling Units.
(2) 
Rental units. For all Mixed-Use developments where the Affordable Dwelling Units proposed are Rental Units, not less than twenty-five percent (25%) of the total housing units in any building containing rental units shall be Affordable Dwelling Units.
(3) 
For purposes of calculating the number of Affordable Dwelling Units required within a Mixed-Use Development, any fractional unit of five-tenths (0.5) or greater shall be deemed to constitute a whole unit.
(4) 
All Affordable Dwelling Units shall be integrated within the Mixed-Use development and shall be comparable in design, floor area, number of bedrooms, appearance, construction and quality of materials with market rate units.
(5) 
Occupancy permits for dwelling units in a Mixed-Use development shall not be issued without confirmation that a LIP/LAU has been submitted to EOHLC.

§ 9.2 Planned Residential Development.

A. 
Purpose.
(1) 
Planned Residential Development (PRD) allows an alternative pattern of residential land development to encourage innovation and variety in housing design and site development and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs.
(2) 
The standards in this section are intended to create a community of modestly sized dwelling units with commonly held community amenities and oriented around open space. These standards are intended to promote neighborhood interaction and safety through design while ensuring compatibility with neighboring land uses and surrounding properties.
(3) 
PRD's provide opportunities for infill development that support the growth management goal of more efficient use of land.
B. 
Permitted uses. The following uses shall be permitted in any PRD:
(1) 
Bungalows, cottages, single family detached and semi-detached dwellings, two-family dwellings of dwellings provided they meet the criteria in this chapter.
(2) 
Commonly owned community building(s) for the use of the residents of the development. Such buildings shall not include commercial uses, sleeping quarters or bathing facilities (unless the bathing facility is clearly incidental to a recreational facility located within the common building).
(3) 
Garages or carports.
(4) 
Community gardens, play structures and passive recreational opportunities for use of the residents of the development.
C. 
Applicability.
(1) 
This chapter shall apply to parcels that meet the criteria outlined in Section 9.2D.
(2) 
The requirements in this chapter shall be the standards for development, redevelopment and use of real property within a PRD provided that an application is filed with the Town Council as Special Permit Granting Authority (SPGA) as provided for in this chapter.
(3) 
Development shall be by a site master plan for complete or phased development.
(4) 
Lots with legally pre-existing nonconforming structures shall be eligible for a special permit provided there is no increase in any dimensional nonconformity or the creation of new nonconformity.
(5) 
For each proposed PRD project, the Site Plan Review provided for in the Town of Randolph Zoning Ordinance shall be conducted by the SPGA as part of the special permit process.
D. 
Dimensional requirements.
Requirement
Standard/Condition
Minimum Lot Size
A PRD shall be permitted upon a single lot or multiple contiguous lots in common ownership with definite boundaries ascertainable from a recorded deed or recorded plan
The lot(s) shall have a total area of not less than four (4) times the minimum lot size of the zoning district within which it is proposed, except in RMFD Zoning District where minimum district lot size applies.
Existing public or private ways need not constitute boundaries of the tract(s) but the area within any such ways shall not be counted in determining minimum tract size.
Lot Frontage
When a PRD project is proposed for an individual lot, that lot must have minimum frontage on a public way of one hundred (100) feet. When a PRD project includes multiple contiguous parcels, the parcels, when combined, must have frontage of a minimum of one hundred (100) feet on a public way.
There shall be no minimum lot area, frontage or yard requirements for each dwelling unit within a PRD.
Lot Depth
Minimum of 100 feet
Lot Width
Minimum of 100 feet
Setbacks
Side yard:
Minimum of 25 ft
Rear yard:
Minimum of 25 ft
Front yard:
Minimum of 25 ft
Buffer Strips
A PRD project shall require a buffer strip of twenty-five (25) feet where the lot abuts any non-PRD lot. Such buffer shall be maintained as a planting area for lawns, trees, shrubs and other landscape materials to provide a parklike separation between lots. In this buffer strip, walkways, fencing, sewer systems and wells may be constructed or maintained. No building, structure or paved space associated with parking may be located in the buffer strip.
Access to the Lot
Access to the lot shall be provided from an existing public way and shall be through the existing frontage on such public way.
No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown on the plan prior to recording at the Registry of Deeds.
E. 
Development intensity.
(1) 
Maximum Permissible Density: Maximum permissible density within a PRD shall not exceed three (3) times the total number of dwelling units that would be obtained through application of the underlying zoning district in which the lot(s) is located.
(2) 
For purposes of this chapter only, permitted basic density shall be calculated as follows:
(a) 
Total area of the lot(s):
[1] 
Less any land within a body of water or situated within a wetland or within fifty (50) feet of a bordering vegetated wetland (BVW).
[2] 
Less any existing public or private way.
[3] 
Divided by the minimum lot size permitted within the underlying zoning district.
(b) 
Fractional numbers. Where the computation results in a fractional number, only a fraction of one-half (1/2) or more shall be counted as one (1).
(3) 
Existing dwelling units. When a detached single-family dwelling, which has been legally permitted on the lot(s) for a PRD, said dwelling may become non-conforming within the standards of this chapter and shall be permitted to remain provided, however, that:
(a) 
The dwelling unit shall be counted towards the maximum number of units permitted in the PRD.
(b) 
The dwelling unit may not be enlarged or modified to increase the non- conformity.
(c) 
The dwelling unit must meet applicable density and dimensional requirements of the underlying zoning district.
F. 
Site design and configuration standards.
(1) 
Arrangement.
(a) 
At least seventy-five percent (75%) of dwelling units shall be developed in clusters around common open space.
[1] 
Within a cluster, each dwelling unit shall have a primary entry oriented to the common open space.
(b) 
No more than twenty-five percent (25%) of dwelling units may be developed in other configurations but must meet all other design requirements.
(c) 
Dwelling units not oriented in a cluster shall have a primary entry oriented to a right-of-way.
(2) 
Clusters.
(a) 
No grouping of dwelling units around a common open space shall include more than twelve (12) dwelling units.
(3) 
Common open space.
(a) 
No dimension of a common open space used to satisfy the minimum square footage requirement shall be less than ten (10) feet unless part of an unpaved path or trail.
(b) 
Each common open space shall be so configured so that dwelling units abut at least three (3) sides.
(c) 
Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units.
(4) 
Setbacks and building separation.
(a) 
The face of the porch of each dwelling unit shall be setback from any sidewalk by ten (10) feet.
(b) 
There shall be a minimum of fourteen (14) feet separation between structures, not including projections.
(5) 
Fencing and screening.
(a) 
Internal decorative fencing and screening may be used to delineate exclusive use areas, screen parking areas and structures, community assets, trash and recycling areas.
(b) 
Chain link and solid fences shall not be permitted internal to the development except to conceal trash and recycling areas.
(c) 
Solid fencing is permitted on the perimeter boundary to provide delineation between the PRD's higher density development and adjacent lower density land uses.
(d) 
Fencing to delineate an exclusive use area shall not exceed three (3) feet high.
(6) 
Lot coverage. Impervious surfaces shall not exceed forty percent (40%) of the total land area of the lot(s) that comprise a PRD. Lot coverage is calculated for the overall PRD. Paved components of common open space and walkways shall not be counted in lot coverage calculations.
(7) 
Slopes. Siting of dwelling units or common open space in areas with slopes exceeding fifteen percent (15%) is discouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads or open space areas.
(8) 
Mailboxes. The US Postal Services (USPS) is responsible for determining the method/mode of delivery for all developments. The mode of delivery includes the type of mailbox used and the location of the mailbox for each delivery address. Centralized delivery using Cluster Box Units (CBUs) may be required for mail delivery in developments. Prior to submission of a plan to the SPGA, the Applicant should contact the local postmaster to determine the location of collection units and note the approved location on the plans.
G. 
Parking.
(1) 
Parking shall be located on the same property as the PRD and shall be located at the side or rear of dwelling units except as noted below.
(2) 
Access to parking areas/structures shall be from alleys. Garages, carports, surface parking and driveways shall not be located between the common open space and the dwelling units.
(3) 
Parking may be located in clusters of not more than six (6) adjoining uncovered spaces, carport or a shared detached garage serving a maximum of six (6) dwelling units. Such structure shall be a maximum of twelve-hundred (1,200) square feet and limited to six (6) single car bays per structure with an architectural design similar and compatible to that of the dwelling units within the PRD.
(4) 
A shared detached garage or carport shall be reserved for the parking of vehicles owned by the residents of the development.
(5) 
Parking shall be located within three hundred (300) feet of the entrance to the associated dwelling units. Parking requirements may not be fulfilled by parking on a public street.
(6) 
Parking shall not exceed the following maximums:
(a) 
Dwelling units less than nine hundred (900) square feet: one (1) space.
(b) 
Dwelling units greater than nine hundred (900) square feet: two (2) spaces.
(c) 
Visitor parking: One (1) space for every five (5) dwelling units.
(d) 
Maximum parking space requirements shall include parking spaces in garages and carports.
(7) 
Large open parking areas are not permitted in a PRD except in developments that provide a central parking area at the entrance to the PRD while providing only well-kept paths or delivery alleys to the rest of the area.
H. 
Dwelling unit design standards. The intent of this section is to ensure that a development that is unique in and of itself, provides its residents a close-knit community, uses multiple construction materials and treatments to provide an appealing aesthetic. All structures in a PRD shall be developed to meet the criteria in this chapter.
(1) 
Exterior design.
(a) 
Porches. Each dwelling unit shall have a covered main entry porch oriented toward the common open space or right of way as applicable. Covered porches shall be a minimum of six (6) feet deep and usable both in design and dimension.
(b) 
Elevations. Units of identical elevation types must be separated by at least two (2) different elevations. No two adjacent structures shall be built with the same building elevation, facade materials or colors. Reverse elevations are not considered a different building elevation.
(c) 
Corner units. Units located on corners shall be architecturally designed to provide modulation and detail on both elevations. Examples of modulation include the use of bay windows, wrapped porches, dormers, etc.
(2) 
Maximum unit size. Each dwelling unit shall have a maximum of 1,100 square feet. If the unit includes an attached garage, the garage shall be included in the calculation of total area.
(3) 
Maximum height. The maximum permitted height of any structure within a PRD shall be eighteen (18) feet or one and one-half (1 1/2) stories. Any upper floor shall be located within the roof structure, not below it, in order to reduce building massing as much as possible.
(4) 
Roofs. Dwelling units shall have a minimum 6:12 roof pitch. Up to thirty-five percent (35%) of the roof area may have a slope not less than 4:12. Portions of a roof with a pitch of less than 6:12 shall be limited to architectural features such as dormers and porch roofs. The highest point of a pitched roof may extend up to twenty-three (23) feet.
(5) 
Exception to floor area. Areas that do not count toward total square footage include unheated storage space located beneath the main floor of the dwelling unit, attached roofed porches, detached garages or carports, spaces with ceiling height of six (6) feet or less measured to the exterior walls (such as a second-floor area under the slope of a roof).
(6) 
No increase in size. The total square footage of a dwelling unit shall not be increased. Notation shall be placed on the title to any property for the purpose of notifying future owners that any increase in total square footage of a dwelling unit is prohibited for the life of the unit or the duration of these regulations.
(7) 
Design mix. A mix of housing opportunities shall be provided in all PRDs. Such diversity shall be achieved through:
(a) 
Varying the number of bedrooms in each dwelling unit.
(b) 
Constructing a variety of styles of units.
(c) 
Providing that no more than fifty (50) percent of the dwelling units within the PRD are buildings of the same type.
I. 
Trash and recycling. All loading, trash, recycling and storage areas shall be located so they are not visible from the common open space or right of way (not including alleys). An architectural screen shall surround all sides except the access entry. Such screen shall prevent visibility into the enclosure and shall be of a height sufficient to conceal the receptacles stored within.
J. 
Community buildings and amenities. Structures must be clearly incidental in use and size to the dwelling units and shall be no greater than one (1) story in height.
K. 
Open space.
(1) 
Common open space. All land within the PRD which is not covered by buildings, roads, driveways, parking or service areas, or which is not set aside as yards, patios, gardens or similar for exclusive or shared use by the residents shall be common open space.
(a) 
The common open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation, or agricultural purposes by the residents of the PRD. In determining whether the intent of this section has been satisfied, the SPGA shall consider the extent to which land having one or more of the following characteristics is included in the proposed open space:
[1] 
Land abutting lakes, ponds, brooks which enhance or protect wetlands or flood plains or which enhance or provide significant scenic vistas or views;
[2] 
Land which currently is in agricultural use or land which is suitable in size, location and soil characteristics for agricultural use;
[3] 
Land which provides a significant wildlife habitat or which is a unique natural area;
[4] 
Land which provides recharge to Randolph's public water supply;
[5] 
Land which is to be developed for active recreational use including playing fields, playgrounds, and parks;
[6] 
Land which preserves existing trail networks or land on which new trails will be developed as part of the PRD for integration into an existing or future trail network; and
[7] 
Land providing desirable public access to existing Town or State recreational or conservation land.
(b) 
Provision shall be made so that the common open space shall be readily accessible to the owners and residents of the units in the PRD and owned by:
[1] 
A membership corporation, trust or association whose members are all the owners and residents of the units;
[2] 
The Town; or
[3] 
Otherwise as the SPGA may direct.
(c) 
Common open space shall be in one or more contiguous pieces.
(d) 
Dwelling units shall abut on at least three (3) sides of the common open space.
(2) 
Exclusive Use Area.
(a) 
Each dwelling unit shall be provided an area of open space for exclusive use. The space shall be provided on the front, side and rear of each dwelling unit.
(b) 
The exclusive use area shall be separated from the common open space by landscaping, picket fence or other similar visual separation.
[1] 
Each dwelling unit shall be provided with a minimum of five hundred (500) square feet of usable private open space which may be met with a combination of front, side and rear locations.
(3) 
Perpetuity. In all cases, a perpetual restriction of the type described in MGL c. 184, § 31 (including future amendments thereto and corresponding provisions of future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, recreation, or park. Such restriction shall be in such form and substance as the SPGA shall prescribe and may contain such additional restrictions on development and use of the common open space as the SPGA may deem appropriate.
L. 
Pedestrian connectivity. Safe, aesthetically pleasing pedestrian connections are required between each building, common open space, parking area and right-of-way. Sidewalks shall be a minimum of five (5) feet wide.
M. 
Infrastructure.
(1) 
Projects shall demonstrate that adequate water supply and pressure are available, adequate sewage capacity is available, on-site stormwater management is provided, traffic circulation is safe and convenient and the traffic flow and circulation at nearby intersections is preserved or improved. Analysis and documentation of compliance with these standards shall be prepared by registered engineers and/or other appropriate professionals. When the size and complexity of a proposal for a PRD project warrants an independent review of the impacts, the applicant will be responsible for funding such independent peer review.
(2) 
In cases where a specific PRD project would not otherwise meet the above criteria, the developer shall, as a condition of the Special Permit, be required to implement mitigation measures, including but not limited to improvements to public infrastructure, to adequately address any deficiency.
(3) 
All required utilities exclusive of transformers shall be placed underground.
N. 
Stormwater management. All projects are required to be reviewed and permitted by the Town's Stormwater Authority and comply with any such regulations established by the Authority.
O. 
Separation of planned residential developments. PRDs shall be separated from each other by a minimum distance of at least one thousand (1,000) feet to promote housing-type diversity, reduce potential cumulative impacts of PRDs and help protect neighborhood character.
P. 
Ownership and maintenance of common facilities.
(1) 
All internal streets, ways and parking areas shall be privately owned. The maintenance of all such private streets, ways and parking areas, including but not limited to snowplowing, patching and paving, shall remain the responsibility of the owner or resident association. All deeds conveying any portion of the land containing private streets, ways or parking areas shall note this private responsibility of maintenance.
(2) 
In a PRD project, prior to any dwelling unit being offered for initial sale, there shall be a suitable legally-binding organization such as a residents' or condominium association agreement established in accordance with appropriate state law by a suitable legal instrument(s) recorded at the Registry of Deeds. Such association shall ensure proper maintenance and funding of shared facilities such as common open space, parking areas, alleys and amenities. As part of the Special Permit review, the applicant shall supply to the SPGA copies of such proposed instrument.
Q. 
Bonus density. If all the units proposed in the Planned Residential Development are offered at market-rate rental/purchase prices, then only the basic density shall be permitted. An increase in the number of permitted units may be increased beyond the basic density within the PRD and authorized by the SPGA only if:
(1) 
At least twenty percent (20%) of the units are made available as described in one of the methods outlined herein.
(a) 
Units made available to the Randolph Housing Authority, or other entity may direct, either for purchase within the cost limits allowed by the Commonwealth of Massachusetts Executive Office of Housing and Livable Communities, or for lease under federal or state rental-assistance programs, or through a long-term contractual agreement; which can be counted toward the EOHLC Subsidized Housing Inventory.
(b) 
Units made available for sale, lease or rent at below market rates based on the following:
[1] 
Starter-priced Housing: For sale, lease or rental to households with incomes of less than one-hundred ten (110) percent of the median family income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.
[2] 
Moderate-priced Housing: For sale, lease or rental to households with incomes of less than one hundred and fifty (150) percent of the median family income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.
(2) 
Any increases in density permitted by the SPGA shall be based upon the degree to which the proposed PRD provides a range of dwelling units with a variety of price points.
(3) 
Long-term Availability. The SPGA, as a condition of a special permit, shall impose appropriate limitations and safeguards to insure the continued availability of the below market-rate units for a minimum of forty (40) years. Such limitations and safeguards may be in the form of deed restrictions, resale monitoring, requirements for income verification of purchasers and/or tenants, rent level controls or other method as the SPGA may direct.
R. 
Application for special permit. Reports and Recommendations; Issuance of Special Permit.
(1) 
Application. Any person who desires a special permit for a PRD shall apply in writing in such form as the SPGA may require which shall include the following:
(a) 
A development statement consisting of a petition, a list of the parties in interest with respect to the PRD tract, a list of the development team and a written statement outlining the potential impacts of the proposed development including environmental, traffic and community impact. The applicant shall set forth the development concept including in tabular form the number of units, type, size (number of bedrooms, floor area), ground coverage, and summary showing the area of residential development and common open space as percentages of the total area of the PRD tract.
(b) 
Development plans consisting of:
[1] 
Site plans;
[2] 
Building elevations;
[3] 
Floor plans;
[4] 
Detailed plans for disposal of sanitary sewage; and
[5] 
Landscape plan and details;
(c) 
Bonus density calculations (where applicable) including:
[1] 
Income range (using ranges established by the appropriate state or federal agencies as acceptable to the SPGA) of family households or single individual residing in each affordable dwelling unit;
[2] 
Pre- and post-construction management methods concerning the maintenance of the any affordable dwelling units including supporting documents and contracts; and
[3] 
Proposed methods of ensuring long-term availability for the income restricted dwelling units, including supporting documents and restrictions.
(d) 
Such additional information as the SPGA may require.
(2) 
Planning board report and recommendations. The Planning Board shall meet with the applicant and review the application packet including development statement and plans and shall submit in writing to the SPGA its report and recommendations upon the technical quality of the proposed development, and at least the following:
(a) 
General descriptions of the natural terrain of the PRD tract and surrounding areas, and of the neighborhood in which the tract is situated.
(b) 
A review of the proposed development, including the design and use of buildings and of the open spaces between and around them, of pedestrian and vehicular circulation, of the location and capacity of parking, and of the provisions for grading, landscaping and screening.
(c) 
An evaluation and opinion upon the degree to which the proposed PRD provides a range of diversity and the size of the units as it relates to increased density that may be permitted.
(d) 
An evaluation and opinion upon the degree to which any land intended to be conveyed to, or restricted for the benefit of the Town:
[1] 
Provides or will in the future provide an addition to areas of open space between developed sections of the Town;
[2] 
Makes available land desirable for future public use; or
[3] 
Conforms to the Town's long-range land use plan.
(e) 
Its opinion as to whether the proposed site design, development layout, number, type and design of housing constitute a suitable.
(f) 
Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit.
(3) 
Conservation commission's report and recommendations. The Conservation Commission shall review the development statement and plans and shall submit in writing to the SPGA its report and recommendations upon the degree to which the proposed development enhances the protection of environmental qualities including at least:
(a) 
An evaluation and opinion upon the degree to which the development itself impinges upon environmental areas.
(b) 
An evaluation and opinion upon the degree to which the common open space protects environmental areas and provides a valuable outdoor recreation resource.
(c) 
An evaluation and opinion upon the degree to which any land intended to be conveyed to, or restricted for the benefit of, the Town:
[1] 
Enhances the protection of environmental areas, unique natural features, scenic vistas or potential or existing farmland; or
[2] 
Provides a valuable addition to the open space resources of the Town.
(4) 
Issuance of special permit. A special permit shall be issued under this section only if the SPGA shall find that the PRD is in harmony with the general purpose and intent of this section and that the PRD contains a mix of residential, open space, or other uses in a variety of buildings to be sufficiently advantageous to the Town to render it appropriate to depart from the requirements of this Ordinance otherwise applicable to the district(s) in which the PRD tract is located. If a special permit is granted the SPGA shall impose as a condition thereof that the installation of municipal services and construction of interior drives within the PRD shall comply with the Subdivision Rules and Regulations of the Planning Board to the extent applicable, shall require sufficient security to insure such compliance and the completion of planned recreational facilities and site amenities, and may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board and Conservation Commission or upon its own initiative. The SPGA shall give due consideration to the reports of the Planning Board and Conservation Commission and where the decision of the SPGA differs from the recommendations of the Planning Board or Conservation Commission, the reasons therefor shall be stated in writing.

§ 9.3 Wireless Communications Facilities.

A. 
Purpose. This article is adopted for the authorization and regulation of wireless communications facilities and equipment. The objectives are to accommodate infrastructure to serve Randolph while minimizing adverse impacts on adjacent properties and residential neighborhoods.
(1) 
In accordance with the requirements of 47 U.S.C. § 332(c)(7)(B), and until these requirements are modified, amended or repealed, in regulating the placement, construction, installation, modification, use, monitoring and removal of wireless communications facilities, the administration of this article shall not be undertaken in a manner which unreasonably discriminates among providers of functionally equivalent services or prohibits or has the effect of prohibiting the provision of wireless communications services. Furthermore, any decision to deny a request to place, construct, install, modify, and/or use wireless communications facilities shall be in writing and supported by substantial evidence contained in a written record. Furthermore, this article may not regulate the placement, construction, installation, modification and/or use of wireless communications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such wireless communications facilities comply with the Federal Communications Commission's regulations concerning such emissions.
(2) 
If any provisions of this Section 9.3 conflict with federal regulations, the latter shall prevail.
B. 
Applicability. The provisions of other sections of this chapter of the Town Ordinance notwithstanding, the regulations and restrictions set forth herein shall apply to the placement, construction, installation, modification, use, monitoring and removal of wireless communications facilities. No wireless communications facility shall be placed, constructed, installed, modified and/or used within the Town of Randolph on or after the date of enactment of this article, except in accordance with the provisions of this article.
C. 
Exemptions. The following shall be exempt from the provisions of this article:
(1) 
Wireless communications facilities used only for Town, state or federal public safety purposes.
(2) 
Wireless communications facilities used by a conforming, federally licensed amateur radio use in accordance with said FCC license as protected by MGL c. 40A, § 3, provided that:
(a) 
Any such wireless communications facility is not used or licensed for any commercial purpose; and
(b) 
Any mount used in connection with said federally licensed amateur radio use must be removed upon loss or termination of said FCC license.
(3) 
Television antennas, including so-called "dish antennas."
(4) 
Licensed commercial mobile radio services primarily used in support of the licensee's own business purpose, provided that any wireless communications facilities used in connection therewith do not exceed the dimensional requirements under this Section.
D. 
Small Cell Equipment.
(1) 
Purpose. This section shall govern the installation of small cell equipment on utility poles located in the public right-of-way or in the public utility easement area adjacent to the public right-of-way.
(2) 
Authority. The Building Commissioner shall issue permits for small cell equipment that satisfy the criteria in this section.
(3) 
Application. All requests for a permit shall be made and filed on application forms with the Department of Inspectional Services and be accompanied by:
(a) 
Plan signed by a professional engineer identifying the subject utility pole.
(b) 
Letter or license from the owner(s) of the utility pole authorizing installation.
(4) 
Standards.
(a) 
The small cell equipment shall not interfere with the safety and convenience of ordinary travel over the public right-of-way.
(b) 
The subject utility pole is not a double pole nor within five (5) feet of another utility pole.
(c) 
A small cell equipment has not already been installed on, or approved for installation on, the subject utility pole.
(d) 
Dimensions.
[1] 
The small cell equipment does not exceed sixty (60) feet in height above the ground.
[2] 
No part of the small cell equipment shall extend below twelve (12) feet above ground level.
[3] 
The antenna shall not exceed sixteen (16) inches in diameter or forty (40) inches in height; provided, however, that as new technology becomes available, the Building Commissioner is hereby authorized to permit antenna configurations that are otherwise consistent with the Federal Communications Commission's definition of small cell wireless equipment.
[4] 
No part of the small cell equipment shall project from the utility pole further than four (4) feet if installed twenty (20) feet or higher above the ground or further than two (2) feet if installed below twenty (20) feet above the ground.
(e) 
The appearance of the small cell equipment is similar to the existing equipment on the utility pole or on other nearby utility poles, the color of the utility pole, or another color reasonably requested by the Building Commissioner or designee.
(f) 
No other small cell equipment is installed on a utility pole within one hundred eighty (180) feet of the subject utility pole.
(g) 
The proposed small cell equipment complies with the maximum permissible exposures adopted by the Federal Communications Commission.
(h) 
The proposed small cell equipment shall not cause interference with any public safety equipment or create any decreased visibility of apparatus at or leaving public safety facilities.
(5) 
Effect of permit. Upon the issuance of a permit to install a small cell equipment, or after the passage of 90 days from filing with no action on the application, a petitioner shall be authorized to commence installation. Any proposed changes to the dimensions or specifications shall require a new petition, except that:
(a) 
No approval is required for the refurbishment, repair, or replacement of any small cell equipment component where the replacement/repair complies with the standards in this section.
(6) 
Removal of small cell equipment. Any small cell equipment approved pursuant to this section shall be removed and the relevant permit terminated if the Town requires the removal of the utility pole where the small cell equipment is located.
(a) 
The permit holder shall notify the Town if the small cell wireless equipment ceases to be used for its intended purpose and shall remove all the permitted equipment no later than sixty (60) days following cessation of use.
(b) 
Except as otherwise provided for in this section, the Town may remove small cell equipment approved pursuant to this section and terminate the relevant permit(s) by using the procedures established for the removal of overhead structures and equipment contained in MGL c. 166, §§ 22A to 22N.
(c) 
The Building Commissioner, or designee, is authorized under this section to order the removal of any small cell equipment installed on a utility pole that has not been authorized pursuant to this section.
E. 
Building Mounted Wireless Communications Equipment.
(1) 
Purpose. This section shall govern the installation of wireless communication equipment attached to any building.
(2) 
Authority. The Building Commissioner shall issue permits for Building Mounted Wireless Communication Equipment.
(3) 
Permitted locations. Wireless communications equipment shall be located on or within existing non-residential or mixed-use structures provided that such installation preserves the character and integrity of those structures.
(4) 
Application. All requests for a permit shall be made and filed on application forms with the Department of Inspectional Services and be accompanied by:
(a) 
Plan signed by a professional engineer identifying the location and details.
(5) 
Standard.
(a) 
Wireless communications equipment shall not generate noise in excess of fifty (50) decibels at ground level at the base of the building as measured from the point closest to the antenna.
(b) 
Wireless communications equipment shall not project more than twelve (12) feet above the height of an existing building or structure nor project more than twelve (12) feet above the height limit of the zoning district within which the wireless communications facility is located, whichever is less.
(c) 
Wireless communications equipment shall not extend beyond the face of any wall, or exterior surface in the case of a building or structure that does not have walls, by more than eighteen (18) inches.
(d) 
Wireless communications equipment shall not individually or in the aggregate have a front surface area facing surrounding streets and adjacent properties that exceeds fifty (50) square feet in area.
(e) 
When wireless communications equipment extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the equipment within or behind existing architectural features to limit its visibility from public ways.
(f) 
Wireless communications equipment mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
(g) 
Wireless communications equipment which are side-mounted shall blend with the building's architecture, materials and color, and, if over five (5) square feet, shall be shielded with material which is consistent with the design features and materials of the building.
F. 
Historic Structures.
(1) 
Any wireless communications equipment located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.
(2) 
Any alteration made to an historic structure to accommodate a wireless communications facility shall be fully reversible.
(3) 
Any application for wireless communication equipment within an historic structure must receive approval of the Historic Commission.
G. 
Fully Enclosed Facilities. Notwithstanding anything to the contrary contained in this article, wireless communications facilities installed wholly within, and not protruding from, the interior space of an existing structure, excluding buildings used for residential use, shall be allowed as of right in all zoning districts, subject to all other applicable requirements of law.
H. 
Wireless Communications Towers.
(1) 
Purpose. This section shall govern the installation and maintenance of wireless communications towers.
(2) 
Authority. All wireless communications towers shall require a special permit issued by the Town Council.
(3) 
Permitted locations. Wireless communications towers are permitted in the Blue Hill River Highway District (BRHD), the Great Bear Swamp Highway District (GBHD), Sanitary Facility District (SFD), Industrial Districts (I) and on Town-owned property.
(4) 
Application. All applications for a wireless communication tower shall be made and filed on the special permit application and be accompanied by:
(a) 
A locus plan at a scale of one-inch equals two hundred (200) feet showing all site existing conditions, property lines, critical features, residential dwellings all buildings within five hundred (500) feet of the tower.
(b) 
An elevation drawing of the proposed tower showing all details of its appearance, including all dimensions, materials, antennas, wires and accessory buildings.
(c) 
A rendering depicting the tower as it would appear on the landscape for each of its sides.
(d) 
A narrative with technical, economic and other justifications for the proposal including validation that no existing or tower can accommodate the proposed equipment.
(e) 
Confirmation that the facility complies with all applicable federal and state standards;
(f) 
A description of the capacity of the tower including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;
(g) 
If applicable, a written statement that the proposed facility complies with, or is exempt from, the applicable regulations administered by the FAA, FCC, Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
(h) 
A coverage map detailing plans for providing wireless communication services to the Town of Randolph and neighboring communities.
(i) 
Certification of compliance with the National Environmental Protection Act and the Massachusetts Environmental Policy Act.
(j) 
Verification that the proposed tower will not interfere with signals sent or received by any other facility which transmits or receives signals via wireless means.
(k) 
Proof of ownership of the proposed site or proof of a contract or lease with the owner of the site establishing the applicant's right to construct a tower on the site.
(l) 
A description of the soil and surficial geology at the proposed site.
(5) 
Standards.
(a) 
Wireless communication towers shall be freestanding monopoles, with associated antenna and/or panels or concealed/stealth towers. Lattice-style, and guyed towers shall not be allowed.
(b) 
There shall not be a tower located within two (2) miles of a proposed tower unless the applicant demonstrates to the satisfaction of the SPGA that placing the tower closer will result in a significantly lower tower or significantly more uses on the tower or will significantly improve protection of the viewshed of the Town of Randolph.
(c) 
In the event of conflicting applications, the SPGA shall make a judgment as to which proposed wireless communication tower, if any, is most suitable.
(d) 
Dimensions.
[1] 
The size and height of a tower shall be the minimum necessary to accommodate the proposed uses.
[2] 
The tower height, including any appurtenant equipment and devices, shall not exceed one hundred (100) feet above the average grade of the existing terrain at the tower's base, unless the SPGA determines that a higher tower will result in significantly fewer towers or a significantly improved protection of the viewshed of the Town of Randolph.
[3] 
In no event shall the tower height, including appurtenant equipment and devices, exceed one hundred forty (140) feet.
(e) 
Towers shall be designed in all respects to accommodate the maximum number of uses technologically practical, and an applicant shall agree to permit other service providers to collocate on the tower with commercially reasonable terms.
(f) 
All towers shall be designed so that, if additional users require said location, the existing tower can be expanded on or replaced with the minimum of technical difficulty and disturbance to the neighbors. The maximum configuration shall by determined during the permitting process.
(g) 
A tower shall be erected a minimum distance of five hundred (500) feet from any hospital, school or residential lot line.
(h) 
Siting of a tower shall be such that the view from adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible. All towers shall be colored or camouflaged so that they will blend in with the landscape on which they are located.
(i) 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(j) 
Fencing shall be provided to control access to towers. Said fencing shall be compatible with the scenic character of the Town and shall not be razor wire. Metallic fencing shall have vegetative screening.
(k) 
There shall be no signs except for announcement signs, "No Trespassing" signs and a required sign giving a phone number where the owner can be reach on a twenty-four-hour basis.
(l) 
Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
(m) 
Night lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration (FAA).
(n) 
Ground-mounted equipment for wireless communications facilities shall not generate acoustic noise in excess of fifty (50) decibels at the fence line.
(o) 
There shall be a minimum of one parking space for each tower to be used in connection with the maintenance of the tower and the site. Said space shall not be used for the permanent storage of vehicles.
(p) 
All towers shall comply with all current and future FAA and FCC rules and regulations.
(6) 
Hazards to air navigation. Any application for a wireless communications facility which proposes building a new structure or adding to existing structures within airport approaches as defined in MGL c. 90, § 35B, and any amendments thereto or language substituted therefor, must include a certification by the applicant that:
(a) 
Either a permit from the Massachusetts Aeronautics Commission is not required because the structure is or will be in an area subject to airport approach regulations adopted pursuant to MGL c. 90, §§ 40A through 40I, in an approach to Logan International Airport, or less than thirty (30) feet above ground level; or
(b) 
A permit from the Massachusetts Aeronautics Commission is required pursuant to MGL c. 90, § 35B, and a copy of said permit is enclosed with the application.
Applications for permits to build a new structure or add to an existing structure requiring the filing of a Notice of Proposed Construction or Alteration (FAA Form 7460-1) with the Federal Aviation Administration shall mail a copy of the completed FAA Form 7460-1 to the Massachusetts Aeronautic Commission within three (3) business days after submitting said form to the FAA.
(7) 
Balloon test required.
(a) 
Between submittal of the application and the date of the public hearing on the application, the applicant shall, on two different dates, place a balloon or crane at the location and height of the proposed tower, in accordance with the following requirements:
[1] 
The balloon or crane shall be of a size and color that accurately reflect the appearance of the proposed tower to the extent possible.
[2] 
The balloon or crane shall remain in place at for least eight hours.
[3] 
One of the trials shall take place on a weekday. The other trial shall take place on a Saturday. All trials shall begin at 8:00 a.m.
[4] 
Prior to each trial, the applicant shall post notices of the time and place of the trials at the Town Hall at least two weeks prior to the first trial and shall publish the notice in a local newspaper of general circulation. The notice shall set a rain date in the event weather would delay or impact the results of the trial.
(8) 
Co-location.
(a) 
Licensed carriers shall share wireless communications facilities and sites where feasible and appropriate, thereby reducing the number of wireless communications facilities that are standalone structures. All applicants for a special permit for a wireless communications facility shall demonstrate a good faith effort to co-locate with other carriers.
(9) 
Use of town land.
(a) 
An applicant that seeks to place, construct, or modify a wireless communications tower/equipment on Town of Randolph property must demonstrate the following:
[1] 
The applicant's access to the wireless communications tower/equipment will not increase the risks of contamination to the Town's water supply or natural resources.
[2] 
There is sufficient room on the structure and/or the ground to accommodate the applicant's wireless communications tower/equipment.
[3] 
The presence of the wireless communications tower/equipment will not increase the cost of maintenance to the Town's property.
[4] 
The presence of the wireless communications tower/equipment will not be harmful to Town employees or contractors maintaining the site.
(b) 
For all wireless communication facilities proposed to be located on municipal property, a certificate of insurance for liability coverage in amounts determined by the Town Counsel shall be provided naming the Town as an additional insured.
(c) 
For all wireless communication facilities proposed to be located on municipal property, an agreement shall be executed whereby the user indemnifies and holds the Town harmless against all claims for injury or damage resulting from or arising out of the use or occupancy of the Town-owned property by the user.
(d) 
For all wireless communication facilities proposed to be located on municipal property, evidence of contractual authorization from the Town of Randolph to conduct wireless communication services on municipally owned property shall be provided as part of the special permit application.
(10) 
Reconstruction or replacement.
(a) 
Wireless communication towers may be reconstructed, altered or replaced provided that such alterations will not be substantially more detrimental to the neighborhood and/or the Town than the pre-existing structure.
(b) 
Any extension or modification of a structure that substantially changes the design must be submitted to the SPGA for amendment of the special permit.
(11) 
Abandonment/discontinuance.
(a) 
At such time that a wireless communications tower will be abandoned or operations discontinued, the owner/operator shall notify the Building Commissioner in writing of the proposed date of abandonment or discontinuance of operations no less than thirty (30) days prior to abandonment or discontinuance.
(b) 
All unused wireless communication towers or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense within ninety (90) days from the date of abandonment or discontinuation of use.

§ 9.4 Accessory Dwelling Units.

A. 
Purpose. This section authorizing the provision of accessory dwelling units is intended to:
(1) 
Increase the number of small dwelling units available in the Town;
(2) 
Increase the range of choice of housing accommodations to meet the needs of households;
(3) 
Increase the supply of housing and the diversity of housing options, in response to demographic changes;
(4) 
Encourage the efficient use of the Town's housing supply while preserving the character of the town's neighborhoods;
(5) 
Maximize privacy, dignity, and independent living among family members preserving domestic family bonds as well as to protect the stability, property values, and the residential character of the neighborhood.
B. 
General Requirements. ADU's are permitted by right on the same lot where any type of principal dwelling is permitted subject to the following:
(1) 
No ADU shall be constructed without the issuance of a building permit by the Building Commissioner.
(2) 
No ADU shall be occupied unless a certificate of occupancy for such unit has been issued by the Building Commissioner and remains in effect.
(3) 
ADU's are allowed within or attached to a principal or as a detached accessory building with a permanent foundation and that is accessory to a principal dwelling structure.
(4) 
One (1) ADU is permitted per primary structure or lot except by Special Permit.
(5) 
Only one (1) Protected Use ADU is permitted.
(6) 
The ADU must maintain a separate entrance sufficient to meet the requirements of the state building code for safe egress.
(7) 
All ADUs must comply with all applicable requirements of law including those of the building, fire sanitary and stormwater state codes and local ordinances.
(8) 
The accessory dwelling unit shall not be served by any separate utility meter. Electricity, water, oil, heat, gas and sanitary shall be provided by a single service to both the ADU and the principal dwelling. Nothing in these provisions shall prohibit the requirement of a submeter or other applicable device.
(9) 
The Fire Chief or Designees are authorized to require additional fire protection for any dwelling with limited or challenging access (no pavement, long distances, limited water supply, etc.).
C. 
Prohibitions.
(1) 
Short-term rentals, as defined, are prohibited in both the ADU and principal dwelling units.
(2) 
The ADU may not be sold or title transferred separate and apart from the principal dwelling to which it is an accessory use. The principal dwelling and the accessory dwelling unit shall remain in common/single ownership and shall not be severed in ownership.
D. 
Dimensional requirements.
(1) 
The ADU may not be larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
(2) 
The proposed ADU must meet the zoning district's primary structure zoning dimensional requirements for height, setbacks and lot coverage.
(3) 
No ADU shall be sited closer to the front lot line than the primary structure.
(4) 
Any new detached ADU, any ADU created by adding gross floor area to a single-family dwelling or any ADU created by adding gross floor area to an existing detached accessory building or structure shall be in accordance with the open space and building coverage requirements as established by the Table of Dimensional Requirements for the applicable zoning district.
E. 
Parking requirements.
(1) 
One (1) additional parking space shall be required for an accessory dwelling unit.
(a) 
If the ADU is located not more than 0.5 miles from a commuter rail station, no additional parking space is required.
(2) 
All parking must be off-street on a designated driveway in compliance with Article VII, Off-Street Parking Regulations.
F. 
Exterior appearance. The ADU shall be designed to maintain the appearance and essential character of a one-family dwelling with accessory structures subject further to any other requirements of the zoning district.
G. 
Application. The application for a building permit and/or occupancy permit for an ADU or an application for a special permit for an ADU shall include the following:
(1) 
A plot plan of the principal dwelling unit with square footage, proposed accessory dwelling unit with square footage, showing the location of all existing and proposed buildings on the lot, zoning matrix and required parking.
(2) 
A certified plot plan, stamped by a professional land surveyor registered in the State of Massachusetts.
(3) 
When the creation of an ADU requires the alteration of the exterior of a structure, the application shall include elevation plans showing the sides of the building affected by the construction both prior to and after completion of construction.
(4) 
By filing the application for a building permit for an ADU, all owners consent to an inspection without a warrant upon reasonable notice by the Building Commissioner to ensure compliance with all terms of this section.
(5) 
The Building Commissioner shall 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 section.
H. 
Special permit required. The following conditions will require a special permit from the Zoning Board of Appeals:
(1) 
A detached accessory dwelling unit on a nonconforming lot.
(2) 
An accessory dwelling unit within an existing nonconforming structure.
(3) 
A special permit for an accessory dwelling unit may only be granted upon a finding that the construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood in which the subject property is located and after consideration of the factors set forth in this ordinance.
I. 
Decision.
(1) 
A building permit for an ADU may be granted by the Building Commissioner, or his designee, upon determination that all criteria as set forth in this ordinance have been satisfied.
(2) 
A certificate of occupancy for an ADU shall be granted by the Building Commissioner, or his designee, upon determination that the ADU is in conformity with the provisions of this section, any special permit issued and all applicable health and building codes.
(3) 
No ADU shall be occupied unless a certificate of occupancy for such unit has been issued by the Building Commissioner.
J. 
Accessory dwelling units in existence before adoption of ordinance. The purpose of this section is to ensure that in-law apartments or accessory dwelling units in existence before the adoption of this ordinance are in compliance with the State Building Code.
(1) 
An existing unit that:
(a) 
Was a legally conforming dwelling unit as of the date of the adoption of this section, including having received all applicable permits and inspections;
(b) 
That would be considered an ADU or Protected Use ADU under this ordinance; and
(c) 
Was granted by special permit (formerly "in-law apartment") may continue as a legally conforming ADU or Protected Use ADU under this section.
In order for the unit to be considered a legally conforming ADU or Protected Use ADU under this section, any provision of the special permit for such unit that conflicts with this ordinance is null and void.
(2) 
Any other pre-existing dwelling unit that would be considered an ADU under this ordinance, including pre-existing non-conforming units, may be subject to inspections and require renovations to ensure compliance with building, fire and sanitary code. Such units are not in compliance with this zoning ordinance without the required inspections and permits including an occupancy permit issued by the Building Department.
K. 
Enforcement. It shall be the duty of the Building Commissioner to administer and enforce the provisions of this section.
(1) 
No building shall be constructed or changed in use or configuration without the issuance of a building permit by the Building Commissioner.
(2) 
The construction of any ADU must be in conformity with the State Building Code and, if applicable, Title V of the State Sanitary Code and lawful under all other provisions of applicable Town health, building, zoning and other local laws and regulations.
(3) 
The Building Commissioner shall refuse to issue any permit which would result in a violation of any provisions of this section or in violation of the conditions or terms of any special permit or variance granted.
(4) 
The building permit shall be revoked upon determination by the Building Commissioner that any condition imposed by this section has not been fulfilled.
L. 
Historic district. ADU's located on parcels within any historic district shall be visibly compatible with the primary dwelling unit, character of the neighborhood and subject to the following conditions and requirements:
(1) 
Site planning — An ADU shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size, so long as it does not prohibit an accessory dwelling unit of at least 900 square feet.
(2) 
Dimensional requirements — An ADU must meet the zoning district's primary structure zoning dimensional requirements for height, setbacks and lot coverage.
(3) 
Building separation — A detached ADU must have a minimum building separation of fourteen (14) feet, eave to eave, between the primary residence and detached accessory dwelling unit.
(4) 
Parking — One (1) additional parking space shall be required for an accessory dwelling unit.
(5) 
Application — Any application must include either a Certificate of Appropriateness, a Certificate of Non-Applicability or a Certificate of Hardship issued by the Historic District Commission for any construction or alteration of a building or structure within the district that in any way that affects exterior architectural features.

§ 9.5 Electric Vehicle Charging Stations.

A. 
Applicability.
(1) 
Electric vehicle charging station(s) with a Level 1 or 2 charging level shall be permitted in all zoning districts.
(2) 
Electric vehicle charging station(s) with a Level 3 or greater charging level shall be installed in a parking lot at a commercial, industrial or municipal destination, or located in a vehicle service station.
(3) 
Battery exchange stations are permitted in the BHRD and GBHD Zoning districts with a special permit from the Planning Board and approval by the Randolph Fire Department. This use is specifically prohibited in all residential zones.
(4) 
Entities subject to the Americans with Disabilities Act (ADA), Architectural Barriers Act (ABA) shall provide EV charging stations that are accessible to and usable by people with disabilities. This includes state or local government offices. public parks, municipal building parking lots, street parking and the public right-of-way, residential housing facilities provided by a state or local government and public EV charging stations provided by a private entity.
B. 
Process for review.
(1) 
Electric vehicle charging station.
(a) 
New residential construction. If associated with new residential construction, installation of a Level 1 or 2 battery charging station shall be processed in association with underlying permit(s).
(b) 
Retrofitting residential parcels.
[1] 
Parcels with one or two-family dwelling units. An electrical permit is required.
[2] 
Parcels with three (3) or more dwelling units. A site plan review by Planning Board and an electrical permit are required.
[3] 
Parcels with an Accessory Dwelling Unit (ADU). An electrical permit is required.
(c) 
New commercial, industrial, mixed-use or other non-residential construction. If associated with new construction, installation of a battery charging station shall be processed in association with the underlying permit(s).
(d) 
Retrofitting a non-residential or mixed-use site. If retrofitting an existing non-residential site for a battery charging station(s), an electrical permit and review of a site plan by the Planning Board is required. Additional permits may be required based upon the location of the proposed station(s). Municipal and school properties shall comply with this section.
(2) 
Battery exchange station(s). A special permit from the Planning Board is required. Additional approval and permitting is required by Randolph Fire consistent with Massachusetts Comprehensive Fire Safety code 527 CMR.
C. 
Design criteria. The following criteria shall be applied to the location and design of all electric vehicle charging facilities:
(1) 
Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric car users but blend into the surrounding landscape/architecture for compatibility with the character and use of the site.
(a) 
EVSE shall not be located in buffer strips pursuant to Section 7.2 of the Randolph Zoning Ordinance.
(b) 
Bollards or other protective measures shall be incorporated into the site plan.
(2) 
Size. Where provided, EV spaces should be nine (9) feet by eighteen (18) feet stalls.
(3) 
Number. No minimum number of EV charging spaces is required, however, no more than ten percent (10%) of the total number of parking spaces for a site may be designated as EV charging stations.
(4) 
Signage. Each charging station space shall be posted with signage indicating the space is only for EV charging purposes. Days and hours of operations shall be included if time limited or tow-away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information shall be posted.
(5) 
Accessible charging spaces. EV chargers and spaces designed to serve people who use mobility devices shall be located on an accessible route and should provide:
(a) 
A vehicle charging space at least 11 feet wide and 20 feet long.
(b) 
Adjoining access aisle at least 5 feet wide.
(c) 
Clear floor or ground space at the same level as the vehicle charging space and positioned for an unobstructed side reach.
(d) 
Accessible operable parts, including on the charger and connector.
(e) 
Use of the International Symbol of Accessibility (ISA) at EV charging spaces is not required. These spaces may be used by EV's without a disability placard. A "use last" sign should be installed to indicate an EV charging space is accessible, but also direct people to use this space only when other charging spaces are occupied or accessibility features are needed.
(6) 
Pedestrian accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment shall be located so as to not interfere with accessibility requirements. The site plan of existing parking lot layout and proposed charging stations shall be reviewed and approved.
(7) 
Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

§ 9.6 Cannabis Municipal Equity.

A. 
Purpose. The intent of this ordinance is to develop clear policies and procedures to encourage full participation in the marijuana industry by people from communities that were disproportionately harmed by Marijuana prohibition and enforcement. These policies and procedures will assist the Town in negotiating host community agreements with applicants for marijuana establishments and medical marijuana treatment centers such as social equity businesses, social equity program participants, or economic empowerment priority applicants and other business owners.
B. 
Authority. The Town of Randolph is authorized pursuant to St. 2022, c. 180, An act relative to equity in the cannabis industry, M.G.L. c. 94G and M.G.L. c. 94I, 935 CMR §§ 500, and 501.
C. 
Applicability. This ordinance shall apply to all individuals and entities applying to be in the adult-use and medical-use cannabis industries located within the Town. No person shall operate a marijuana establishment or a medical marijuana treatment center unless duly licensed to do so by the Cannabis Control Commission. Nothing in this section shall be construed to supersede federal and state laws governing the sale and distribution of marijuana.
D. 
Definitions. The definitions set forth in MGL c. 94I § 1, MGL c. 94G § 1, 935 CMR §§ 500.002, and §§ 501.002 are incorporated herein by reference. In the event of a conflict between the definitions in this ordinance and those contained in state laws and regulations, the definitions contained in state laws and regulations shall govern.
E. 
Transparency of Applications and Applicants. The Town shall publish data regarding its total applicant pool, which shall identify each pre-verified or verified social equity business, social equity program participant or economic empowerment priority applicant.
The Town shall publicize certain information in a conspicuous location at its offices and on its website which shall, at minimum, include:
(1) 
All required steps of the Town's local approval process including, but not limited to, all associated fees, deadlines, and meeting schedules for local bodies involved in the Local Approval Process;
(2) 
Identification of key individuals involved in the Town's local approval process, including, but not limited to, their name, title, business address, and business contact information such as email address or phone number;
(3) 
A list of all documentation required by the Town's local approval process, in downloadable form and paper form;
(4) 
Identification of application criteria for local approval to operate a marijuana establishment or medical marijuana treatment center, and scoring methodologies relied on by the Town;
(5) 
General and individual scoring information for all license applicants;
(6) 
The Town's explanation, in narrative form, of its reasoning for the approval or denial of an application; and
(7) 
Any other information required by the Commission as outlined in 935 CMR §§ 500 and 501.
F. 
Procedures and Policies for Host Community Agreement Negotiations.
(1) 
The Town shall adhere to best practices for host community agreement negotiations with individuals or entities pre-verified or verified as social equity businesses, and license applicants that have been designated as social equity program participants or economic empowerment priority applicants including, but not limited to, the following:
(2) 
The Town shall develop a standard evaluation form, or use a form developed by the Commission, that scores components of an application. The evaluation form shall include consideration of equity in the overall evaluation score which must comprise not less than 25% of the total evaluation score.
(3) 
This equity component shall include:
(a) 
Whether an individual, entity, or license applicant is pre-verified or verified by the Commission as a social equity business;
(b) 
Whether the license applicant is a social equity program participant;
(c) 
Whether the license applicant is an economic empowerment priority applicant;
(d) 
Whether a license applicant or pre-verified individual or entity has a prior Marijuana-related criminal offense or conviction;
(e) 
Whether a license applicant or pre-verified individual or entity is part of an area of disproportionate Impact, as identified by the Commission; or
(f) 
Whether a pre-verified individual is of Black, African American, Hispanic, Latino, Native American or indigenous descent, or a majority of a pre-verified entity or license applicant entity is comprised of individuals that are of Black, African American, Hispanic, Latino, Native American or indigenous descent.
(4) 
If the Town decides to allow additional marijuana establishments or medical marijuana treatment centers, at least 50% of those licenses, but no less than one license, above the previously-established cap shall be reserved for license applicants that are pre-verified or verified social equity businesses, social equity program participants, Economic Empowerment Priority Applicants, or all.
G. 
Municipal Equity Plan.
(1) 
The Town shall develop an equity plan to promote and encourage full participation in the regulated cannabis industry by individuals from communities disproportionately harmed by cannabis prohibition and enforcement.
(2) 
The Town shall publicize its equity plan in a conspicuous location at its offices and on its website.
(3) 
The Town's equity plan shall:
(a) 
Encourage applications from business and individuals that would meet the definition of Social Equity Businesses, Social Equity Program Participants, and Economic Empowerment Priority Applicants as determined by the Commission; and
(b) 
Include goals, programs, and measurements the Host Community will utilize to promote and encourage equity participation.
H. 
Equity standards for host community agreements.
(1) 
The Town shall prioritize negotiations of host community agreements with equity parties. For the purposes of negotiations of a host community agreement for an application for licensure, equity parties are as follows:
(a) 
A license applicant that is pre-verified or verified as a social equity business; or
(b) 
A license applicant that has been designated as social equity program participants, economic empowerment priority applicants, or both.
(2) 
The Town may waive or reduce fees for an equity party to a host community agreement negotiation, including, but not limited to community impact fees, zoning, and occupancy fees.
(3) 
At minimum, the Town shall take the following actions during host community agreement negotiations with an equity party to promote and encourage their full participation:
(a) 
Engage in an ongoing dialogue by providing multiple opportunities for discussion and negotiation of host community agreement terms including, at minimum, two conferences with an equity party;
(b) 
Include any attorney, authorized representative, or other advocate, if elected by an equity party, in all negotiation discussions and conferences;
(c) 
Promote language access by providing a certified interpreter or translator to assist an equity party who is a non-English speaker during all negotiation discussions and conferences;
(d) 
Provide reasonable opportunities for an equity party to review a proposed host community agreement, term, or condition, outside of a negotiation conference, or to seek review or input by a third party of their choice;
(e) 
Negotiate the terms of a host community agreement in good faith, including consideration of flexible terms that may mitigate particular challenges affecting an equity party, such as access to capital, with all terms and clauses conspicuously identified and openly discussed; and
(f) 
Allow an equity party to propose an amendment to, or seek cancellation of, a host community agreement within thirty days from the date of execution of the host community agreement.
(4) 
The Town may also:
(a) 
Expedite or prioritize the local approval process for social equity businesses, social equity program participants, and economic empowerment priority applicants;
(b) 
Provide technical assistance for social equity businesses, social equity program participants, and economic empowerment priority applicants navigating the local approval process;
(c) 
Designate counsel and/or a municipal planner, or other designees, as municipal contacts who shall work closely with social equity businesses, social equity program participants, and economic empowerment priority applicants in the local approval process from initial inquiry through the end of the permitting process; or
(d) 
Adopt an exclusivity period to permit social equity businesses for three years or until the goals of the exclusivity period have been met.
(5) 
The Town shall not:
(a) 
Negotiate a host community agreement with an equity party through the use of undue influence, duress, coercion, intimidation, threats, or any strong-arm tactics;
(b) 
Threaten loss of an equity party's position in its local application queue or delay to the processing of an equity party's application;
(c) 
Compel an equity party to sign a host community agreement in any manner that conflicts with the practices required through applicable state law and regulations; and
(d) 
Negotiate or discontinue negotiations with an equity party in bad faith.
I. 
Implementation. This by-law shall not be implemented in a manner that conflicts or interferes with the MGL c. 94G or c. 94I, or with the regulations promulgated thereunder, including 935 CMR §§ 500 or 501.

§ 9.7 Exterior Metal Rolling Grates on Buildings.

No person shall install, maintain or use upon the exterior of any building or structure located within any district in the Town of Randolph, except industrial districts, an external metal rolling door or shutters, external metal grille or external metal bars. Nothing in this Section 9.7 shall prohibit the installation, maintenance or use of such equipment within the interior vertical plane of a building or structure. Further, notwithstanding the foregoing prohibition, nothing in this Section 9.8 shall be deemed to supersede any applicable provisions of the State Building Code, MGL c. 143, §§ 93 through 100, or of any other statute or regulation of the Commonwealth of Massachusetts. In the event of any conflict between this section and any provisions referred to in the preceding sentence, such provisions shall prevail, and all buildings and structures otherwise regulated by this section shall conform to such other provisions.

§ 9.8 Scientific or Research Laboratory.

A. 
In zoning districts where a Scientific or Research Laboratory is allowed as of right, or if a proposal for a Renewable or Alternative Energy facility is submitted, all local permitting decisions (i.e., formal determinations, orders of conditions, licenses, certificates, authorizations, registrations, plan approvals, or other approvals or determinations with respect to the use, development or redevelopment of land, buildings, or structures required by any issuing authority) will be issued within one year of submission of a completed application. The prescribed timeline will be suspended if it is determined that:
(1) 
An application is incomplete;
(2) 
An application contains false or misleading information; and/or,
(3) 
Substantial changes to the project affect the information on the permit application(s) since the original submission.
B. 
In the Crawford Square Business District (CSBD) and North Randolph Business District (NRBD), Scientific or Research Laboratories are permitted on the second or higher floors, or other locations where the use will not impede pedestrian oriented activity as determined by the Planning Board.