Rockland City Zoning Code
ARTICLE IV
Permitted Uses
§ 415-7 Use of schedule; uses permitted in any district.
A.
The following schedule delineates permitted principal and accessory uses for each zoning district classification. The schedule also includes uses which require the issuance of a special permit by either the Zoning Board of Appeals or Planning Board before establishment in a particular zoning district.
B.
The following uses although not specifically listed in the following schedule are permitted in any district:
(1)
Agricultural, horticultural, or floricultural uses of more than five acres in size.
(2)
Land or structures for religious purposes as described in MGL c. 40A, § 3. Land or structures within this category are subject to bulk, height, yard sizes, lot areas, setbacks, open space, parking and building coverage requirements of this bylaw.
SCHEDULE OF PERMITTED USES TOWN OF ROCKLAND, MASSACHUSETTS |
§ 415-8 R-1 Residence Zoning District.
C.
Uses requiring special permit:
(1)
Retail sales of produce raised on premises.
(2)
Hospitals and medical/dental clinics.
(3)
Essential municipal facilities.
(4)
Country/private clubs.
(5)
Nursing/resting homes.
(6)
Planned unit developments.
(7)
Residential Commercial Care Facilities.
(8)
Municipal Facilities, including: police stations, fire stations, libraries, and municipal office.
[Added 5-20-1996 ATM, Art. 45]
(9)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(10)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-9 R-2 Residence Zoning District.
C.
Uses requiring special permit:
(1)
Riding stables.
(2)
Hospitals and medical/dental clinics.
(3)
Essential public utility facilities.
(4)
Country/private clubs.
(5)
Nursing/resting homes.
(6)
Nursery for flowers and/or plants of five acres or less in size.
(7)
Planned unit developments.
(8)
Residential Commercial Care Facilities.
(9)
Municipal Facilities, including: police stations, fire stations, libraries and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(10)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-10 R-3 Residence Zoning District.
C.
Uses requiring special permit:
(1)
Hospitals and medical/dental clinics.
(2)
Essential public utility facilities.
(3)
Private clubs.
(4)
Nursing/resting homes.
(5)
Nursery for flowers and/or plants of five acres or less in size.
(6)
Planned unit developments.
(7)
Residential Commercial Care Facilities.
(8)
Municipal Facilities, including: police stations, fire stations, libraries, and municipal office.
[Added 5-20-1996 ATM, Art. 45]
(9)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(10)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-11 R-4 Residence Zoning District.
C.
Uses requiring special permit:
(1)
Hospitals and medical/dental clinics.
(2)
Essential public utility facilities.
(3)
Private clubs.
(4)
Nursing/resting homes.
(5)
Nursery for flowers and/or plants of five acres or less in size.
(6)
Boarding house.
(7)
Planned unit developments.
(8)
Residential Commercial Care Facilities.
(9)
Municipal Facilities, including: police stations, fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(10)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-12 RSH-1 Residential Senior Housing District.
A.
§ 415-13 Business I Zoning District.
A.
The Business I District shall have the following schedule of uses:
(1)
Permitted principal uses:
(a)
Retail businesses and commercial uses commonly associated with neighborhood and community shopping areas, such as:
(b)
Personal and business service establishments such as:
(c)
Eating establishments.
(d)
Churches and other houses of worship.
(e)
Public parks.
(f)
Governmental and/or public institutional uses.
(g)
Private clubs.
(h)
Funeral homes.
(i)
Two-family and multi-family residences, except on or below street level floors.
[Amended 5-6-2013 ATM, Art. 30]
(3)
Uses requiring special permit:
(b)
Eating and/or drinking establishments where alcoholic beverages are served.
(c)
Liquor stores.
(d)
Essential public utility facilities.
(g)
Building supply stores.
(h)
Television and radio broadcast facilities.
(i)
Hospitals.
(j)
Shopping centers.
(k)
Residential Commercial Care Facilities.
(l)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(m)
Bowling alleys.
(n)
Video and Electronic Amusement halls.
(o)
Pool Halls.
(p)
Miniature Golf.
(q)
Roller Skating Rinks.
(r)
Tennis/Racquet Ball Facilities.
[Amended 5-12-2003 ATM, Art. 49]
(s)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
B.
The Business I District shall include that section of Town presently zoned as Business situated along the westerly side of Union Street from a point approximately 200 feet south of Rice Avenue to a point approximately 200 feet north of Payson Avenue; and along the easterly side of Union Street from a point at the northerly intersection of Exchange Street to a point approximately 100 feet north of Vernon Street.
§ 415-14 Business II Zoning District.
A.
Permitted principal uses:
(1)
Retail business and commercial uses commonly associated with neighborhood and community shopping areas such as:
(2)
Personal and business service establishments such as:
(3)
Eating establishments.
(4)
Churches and other houses of worship.
(5)
Public parks.
(6)
Governmental and/or public institutional uses.
(7)
Private clubs.
(8)
Funeral homes.
(9)
Theatres and Bowling Alleys.
(10)
Nurseries for flowers and plants.
C.
Uses requiring special permit:
(1)
Automobile service stations and repair shops.
(2)
Eating and/or drinking establishments where alcoholic beverages are served.
(3)
Liquor stores.
(4)
Essential public utility facilities.
(5)
Automobile agencies.
(6)
Tractor, trailer and boat sales establishments.
(7)
Building supply stores.
(8)
Television and radio broadcast facilities.
(9)
Hospitals.
(10)
Shopping centers.
(11)
Residential Commercial Care Facilities.
(12)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(13)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(14)
Video and Electronic Amusement halls.
(15)
Pool Halls.
(16)
Miniature Golf.
(17)
Roller Skating Rinks.
(18)
Tennis/Racquet Ball Facilities.
(19)
Multi-Family Development.
[Amended 5-12-2003 ATM, Arts. 49 and 50]
(20)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(21)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
(22)
Manufacturing, assemblage, processing, and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or living conditions within the Town or adjacent towns.
[Added 5-6-2013 ATM, Art. 32]
§ 415-15 I-1 Limited Industrial Zoning District.
A.
Permitted principal uses:
C.
Uses requiring special permit:
[Amended 5-20-1996 ATM, Art. 48]
(3)
Research Laboratories.
(4)
Automobile service stations, repair shops and agencies.
(5)
Manufacturing, assemblage, processing, and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or living conditions within the Town or adjacent towns.
[Amended 5-20-1996 ATM, Art. 43]
(6)
Municipal Facilities, including: police stations, fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(7)
Restaurants and coffee shops.
[Added 5-20-1996 ATM, Art. 48]
(8)
Eating or drinking establishments where alcoholic beverages are served on the premises.
[Added 5-20-1996 ATM, Art. 48]
(9)
Movie Theaters.
[Amended 5-17-1999 ATM, Art. 35]
(10)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Section VI of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(11)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(13)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(14)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
(15)
Supermarkets and/or other general retail stores.
[Added 5-7-2012 ATM, Art. 62]
(16)
Medical/dental clinics.
[Added 5-1-2017 ATM, Art. 46]
§ 415-16 I-2 Industrial Park Zoning District.
C.
Uses requiring special permit:
(2)
Automobile/Truck repair shops and agencies.
(3)
Research laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing nude or partially nude dancing or other nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females; or Motion Picture Theaters as defined by MGL c. 40A, § 9A.
[Amended 5-20-1996 ATM, Art. 47]
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult video store, establishment providing for nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females, or any other Motion Picture Theater as defined by MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property lines.
(d)
Any permit granted thereunder shall contain a condition that prohibits the presence of persons under the age of 18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns.
[Amended 5-20-1996 ATM, Art. 43]
(7)
Municipal Facilities, including: police stations, fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Arts. 45 and 48]
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic beverages are served on the premises.
(10)
Movie Theaters.
[Amended 5-17-1999 ATM, Art. 36]
(11)
Telecommunication towers.
(12)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(13)
Livery Business, Taxi Services, Limousine Services and any similar transportation services.
[Amended 5-13-2002 ATM, Art. 42]
(14)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(15)
Supermarkets and/or other general retail stores shall only be allowed by special permit by the Zoning Board of Appeals.
[Added 5-5-2008 ATM, Art. 4]
(16)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(17)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(19)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
(20)
Medical/dental clinics.
[Added 5-1-2017 ATM, Art. 46]
§ 415-17 I-3 Industrial/Business Zoning District.
C.
Uses requiring special permit:
(2)
Automobile/truck repair shops and agencies.
(3)
Research Laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing nude or partially nude dancing or other nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females; or Motion Picture Theaters as defined by MGL c. 40A, § 9A.
[Amended 5-20-1996 ATM, Art. 47]
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult video store, establishment providing for nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females, or any other Motion Picture Theater as defined by MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property lines.
(d)
Any permit granted thereunder shall contain a condition that prohibits the presence of persons under the age of 18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns.
[Amended 5-20-1996 ATM, Art. 43]
(7)
Municipal Facilities, including: police stations, fire stations, libraries, municipal offices.
[Added 5-20-1996 ATM, Arts. 45 and 48]
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic beverages are served on the premises.
(10)
Telecommunication towers.
(11)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(12)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(13)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(14)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(15)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-18 I-4 Industrial/Business Zoning District.
[Added 5-19-1997 ATM, Art. 64]
A.
Permitted principal uses:
(1)
Professional, administrative offices and office buildings;
(2)
Warehouse and wholesale and distribution centers, including offices and showrooms;
(3)
Food processing packing and storage operations;
(4)
Bottling plants;
(5)
Banks;
(7)
Cemeteries, both human and pet;
(8)
Educational institutions;
(9)
Convention centers and hotels;
(10)
Funeral parlors and cemeteries;
(11)
Public utility facilities.
C.
Uses requiring special permit:
(1)
Eating and/or drinking establishments;
(2)
Research laboratories;
(3)
Sporting centers and athletic facilities;
(4)
Recreational uses;
(5)
Bus terminal and commuter parking areas;
(6)
Telecommunication towers;
(7)
Hospitals and medical centers;
(8)
Television, and radio broadcasting facilities;
(9)
Recycling centers;
(10)
Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns.
(11)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(12)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(13)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(14)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
§ 415-19 H-1 Industrial Park-Hotel District.
[Added 5-13-2002 ATM, Art. 36]
Uses permitted in Zoning District H-1 shall be subject to all provisions of the Zoning bylaw that apply to Zoning District I-2, Industrial Park.
C.
Uses requiring special permit:
(2)
Automobile/Truck repair shops and agencies.
(3)
Research laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing nude or partially nude dancing or other nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females; or Motion Picture Theaters as defined by MGL c. 40A, § 9A.
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult video store, establishment providing for nude or partially nude entertainment, or nude or partially nude service of food or beverages performed by males or females, or any other Motion Picture Theater as defined by MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property lines.
(d)
Any permit granted thereunder shall contain a condition that prohibits the presence of persons under the age of 18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns.
(7)
Municipal facilities, including: police stations, fire stations, libraries and municipal offices.
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic beverages are served on the premises.
(10)
Movie theaters.
(11)
Telecommunication towers.
(12)
Hotel, Motel and Extended Stay Lodging.
(13)
Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(14)
Liquor stores.
[Added 5-5-2008 ATM, Art. 5]
(15)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(16)
Commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM, Art. 56; amended 5-1-2023 ATM by Art. 75]
(17)
Registered Marijuana Dispensary (RMD).
[Added 5-5-2014 ATM, Art. 44]
§ 415-20 Wireless Communications Services District.
[Added 5-17-1999 ATM, Art. 34]
A.
Purpose. The purpose of this section is to establish a district in which wireless communications services may be provided with minimal harm to the public health, safety and general welfare. The purpose of this bylaw is also to establish appropriate siting criteria and standards for communications towers and facilities, including, but not limited to radio, television, and cellular communications. This bylaw is intended to establish reasonable regulations while allowing adequate service to residents, the traveling public and others within the Town and to accommodate the need for the minimum possible number of such facilities within the Town. Specifically, the Wireless Communications Services District has been created to a) protect the general public from hazards associated with wireless communications facilities; b) minimize visual impacts from wireless communications facilities on districts within Rockland and to preserve scenic views to and from the Town's roadways, open space, recreational areas and waterways; c) allow the provisions of necessary wireless communications services; and d) promote shared use of facilities to minimize the need for additional facilities. This section does not apply to satellite dishes and antennas for residential use.
B.
Description of areas included in the Wireless Communications Services District:
(1)
The Wireless Communications Services District shall include all land located in the I-2, I-3 and I-4 Zoning Districts.
(2)
The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
C.
Special Permit Granting Authority. For the purpose of this bylaw the Board of Appeals shall be the Special Permit Granting Authority (hereinafter referred to as the "SPGA").
D.
Use restrictions. A wireless communications facility (including antennas and accessory structures, if any) or devices (including antennas or satellite dishes) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the SPGA pursuant to Article 8, Section 80[1] and MGL c. 40A, subject to all of the following conditions:
(1)
The only wireless communications structures allowed are free-standing monopoles, with associated antennas and/or panels. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed. Wireless communications devices such as antennas, dishes and panels, mounted on or in a building or structure, are also allowed.
(2)
To the extent feasible, all service providers shall co-locate on a single facility. Wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical, taking into account relevant matters, such as, for example, height limits, current and future technology. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
(3)
Any proposed extension in the height, addition of cells, antennas, dishes or panels, construction of a new facility, or replacement of a facility, shall be subject to a new application for an amendment to the Special Permit.
(4)
New facilities shall be considered by the SPGA only upon a finding by the SPGA that existing or approved facilities or facilities under construction cannot accommodate the wireless communications equipment planned for the proposed facility.
(5)
In no event shall any monopole be located closer than two miles to any other such facility except upon a specific finding that such shorter distance does not derogate from the intent of this bylaw.
(6)
Subject to such other limitations as expressed in this bylaw, no facility or attached accessory antenna shall exceed 50 feet in height as measured from ground level at the base of the facility except upon a specific finding that such greater height is necessary and does not derogate from the intent of this bylaw.
(7)
All facilities shall be designed to be constructed at the maximum height of 175 feet.
[Amended 5-2-2011 ATM, Art. 36]
(8)
A monopole shall not be erected nearer to any property line than a distance equal to 1/2 of the vertical height of the facility (inclusive of any appurtenant devices).
[Amended 5-2-2011 ATM, Art. 37]
(9)
A monopole shall not be erected nearer to a residential lot line than 500 feet, except upon a specific finding that such shorter distance does not derogate from the intent of this bylaw.
[Amended 5-5-2008 ATM, Art. 42]
(10)
Siting shall be such that the view of the facility from adjacent abutters, residential neighbors and others areas of Town shall be as limited as possible. All facilities shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the facility with the landscape below and above the tree or building line.
(11)
Wireless communications facilities shall be suitably screened from abutters and residential neighborhoods.
(12)
Fencing, as appropriate, shall be provided to control access to Wireless communications facilities and shall be compatible with the scenic character of the Town.
(13)
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(14)
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 reached on a twenty-four-hour basis. The aggregate of the signs shall not exceed three square feet.
(15)
Night lighting of the facilities shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the Federal Aviation Administration (FAA).
(16)
There shall be a minimum of one parking space for each monopole, and be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles. The parking space shall measure nine feet by 20 feet.
(17)
To the extent technologically feasible, all network interconnections and utilities from the facility shall be via underground land lines and underground connections.
(18)
Applicants proposing to erect facilities on municipally owned land or structures shall provide evidence of contractual authorization from the Town to conduct wireless communications services on municipally owned property.
(19)
Traffic associated with the facility and accessory facilities and structures shall not adversely affect abutting ways.
(20)
Satellite dishes, panels and/or antennas may be located on or in structures or may be freestanding.
(21)
Satellite dishes, panels and/or antennas shall be situated on a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free standing dishes, panels or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
(22)
Antennas, panels or dishes located on a structure shall not exceed 10 feet in height above the level of its attachment to the structure.
(23)
Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute, including structural integrity certification by a professional registered engineer and required maintenance, shall be filed with the Building Commissioner by the Special Permit holder.
(24)
All unused facilities 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. The Special Permit holder shall file and maintain in effect a bond ensuring that the facilities shall be removed as provided for hereunder or when its use has been discontinued. Said bond shall be from a company authorized to do business in Massachusetts and shall be subject to the approval of the Town. This shall be a condition of the Special Permit and shall be filed prior to the issuance of the building permit.
(a)
Sample bond. All wireless communication companies shall provide to the Town of Rockland a bond in the amount of $250,000 to guarantee any and all obligations regarding the installation, operation and removal of such facility. Such bond shall remain in full force and effect for the life of said operation.
(25)
Silver paint or galvanized finish shall be used on the tower above the tree line to blend with the landscape. Green paint to blend with the landscape shall be used to the tree line. A cellular tower constructed within 100 feet of a residential district shall be camouflaged.
[1]
Editor's Note: So in original.
E.
Procedure for a special permit:
(1)
All applications for wireless communications facilities, including towers, antennas, panels or satellite dishes shall be made and filed on the applicable application forms for site plan, design review and special permit in compliance with the application instructions. In addition to the requirements for Site Plan Review under Article VIII, Design Review under Article XIII, and the Special Permit Requirements under § 415-89 of the Rockland Zoning Bylaws, five copies of the following information must be submitted for an application to be considered complete. The Special Permit shall be applied for and obtained as a pre-condition for applying for and obtaining Site Plan Review and Design Review.
(a)
A site plan and design review at a scale of one inch equals 40 feet which shall show all property lines, the exact locations of the proposed facilities and structure(s), street, landscape features, residential dwellings and neighborhoods and all buildings within 500 feet of the facility.
(b)
A color photograph or rendition of the facility with its antennas, dishes and/or panels. For satellite dishes, panels or antennas, a color photograph or rendition illustrating the dish, panel or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish, panel or antenna from the nearest street or streets.
(c)
The following information must be prepared by a professional engineer or other authorized representative, as appropriate for the information being presented:
[1]
A description of the facility and the technical, economic and other reasons for the proposed location, height and design;
[2]
Confirmation that the facility complies with all applicable Federal and State standards;
[3]
A description of the capacity of the facility, including the number and type of panels, dishes, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;
[4]
If applicable, a written statement that the proposed facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health;
[5]
The applicable review and advertising fees as noted in the application guidelines.
(d)
The applicant must produce and file proof of authorization for the location proposed, such as a deed, lease, license or preliminary approval of same, such as a letter of intent.
(e)
Nothing contained in this bylaw shall preclude the SPGA from requesting additional information related to the subject of the applications, which information shall be provided by the applicant.
F.
Criteria for review and approval:
(1)
The SPGA shall review all applications for communications facilities and shall find:
(a)
That the location of the facilities is suitable and the size, height, and design is the minimum necessary for that purpose;
(b)
That the proposed facility will not adversely impact historic structures or scenic views.
(c)
That there are no feasible alternatives to the location of the proposed facility (including co-location) that would minimize their impact and that the applicant has exercised good faith in permitting future co-location of facilities at the site.
(d)
That the proposed facility is in compliance with Federal and State requirements regarding aviation safety.
The findings, including the basis for such findings, of the Board shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit. |
(2)
The Board shall also impose, in addition to any applicable conditions specified in the bylaw, such applicable conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise service the purposes of this bylaw, including, but not limited to: screening, buffering, lighting, fences, modification of the exterior appearance of the structures, limitation upon the size, method of access or other traffic features, parking, removal or cessation of use, or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount and form satisfactory to the Board.
(3)
The Special Permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for a good cause shown. And provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time. Any extension, addition or cells or construction of new or replacement facilities shall be subject to an amendment of the Special Permit following the same procedure as for an original grant of a Special Permit.
G.
Exemptions:
(1)
The following types of wireless communications facilities are exempt from this bylaw:
H.
Severability. If a portion of this bylaw shall be declared invalid by the final decision of an authorized agency or court of competent jurisdiction, such invalidity shall not affect the remaining portions, which shall remain in full force and effect; and to this end the provisions of this bylaw are hereby declared severable.
§ 415-21 Watershed Protection District.
B.
Purpose. To protect the Public Health by preventing contamination of the ground and surface water resources providing drinking water to the Town. Because pollution of our ground water resources can occur as a result of the cumulative effect of many insignificant uses, there is a need to establish parameters for land use in these specific areas to avoid a build-up of pollutants that would effect the water supplies.
C.
Watershed Protection District.
(1)
Prohibited uses. Within the Watershed Protection District, the following Principal uses are prohibited from further development. This bylaw does not prohibit existing facilities from continuing operation.
(a)
Sanitary Landfills.
(b)
Junk Yards.
(c)
Road Salt Stockpiles.
(d)
Manufacture or Storage of Hazardous Waste, being defined as any substance controlled as being toxic or hazardous by the Division of Hazardous Waste, under provisions of MGL c. 21C.
(e)
Disposal of Solid Wastes, other than brush and stumps.
(f)
The Mining of Land, except as incidental to a permitted use, such as cultivation of cranberries.
(2)
Special permit uses. The following shall be allowed only if granted a Special Permit by the Zoning Board of Appeals.
(a)
Sales, Storage or Transportation of fuel oil or gasoline as a principal use.
(b)
Any use which involves on-site disposal of process wastes from operations other than personal hygiene and food for residents, patrons and employees.
(c)
Any use involving generation of toxic or hazardous waste materials in quantities greater than associated with normal household use.
(3)
Special permit criteria. The Special Permit Granting Authority (SPGA) shall be the Zoning Board of Appeals. Such permits shall be issued if the SPGA determines that the intent of this bylaw, as well as special criteria, are met. In making such determinations, the SPGA shall give consideration to the reliability and feasibility of the control measures proposed, and the degree of threat to water quality which would result if the control measures failed. Special Permits shall be granted only if the SPGA determines that groundwater quality, from on-site waste disposal and other on-site operations will not fall below Federal or State standards for drinking water, or if groundwater quality is already below those standards, on-site disposal, plus natural recharge will result in no further deterioration.
(4)
Submittals. The following shall be submitted in applying for a Special Permit for development in the WPD.
(a)
A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect from vandalism, corrosion, and leakage.
(b)
A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal method, and methods to provide for control of spills.
(c)
Evidence of approval by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering (DEQE) of any industrial waste treatment or disposal system over 15,000 gallons per day capacity.
(d)
For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system design and installation, with analysis by a professional engineer in sanitary or civil engineering, registered in the Commonwealth of Massachusetts.
(e)
For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided to prevent discharge of contaminated condensate into the groundwater.
(5)
Toxic or hazardous wastes. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalines, and include products such as pesticides, herbicides, solvents and thinners.
§ 415-21.1 Ground Mounted Solar PV Overlay District.
[Added 5-2-2011 ATM, Art. 43]
A.
Purpose: The purpose of this bylaw is to promote the creation of new large scale ground mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations. The provisions set forth in this section shall apply to the construction, operation, and/or repair of large scale ground mounted solar photovoltaic installations.
B.
Applicability: This section applies to large scale ground mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to modifications to such installations that materially alter the type, configuration, or size of these installations or related equipment.
C.
Description of areas included in the Ground Mounted Solar PV Overlay District.
(1)
The Ground Mounted Solar PV Overlay District shall include all land located in the R-1 zone with a minimum of five contiguous acres of uplands, I-2, I-3, and I-4 zone with a minimum of three contiguous acres of uplands.
(2)
Ground Mounted Solar PV Overlay District shall be construed as an overlay district with regard to said location. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein, in which case the provisions of this section of the bylaw shall apply.
D. AS-OF-RIGHT SITING BUILDING COMMISSIONER BUILDING PERMIT DESIGNATED LOCATION LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION RATED NAMEPLATE CAPACITY SITE PLAN REVIEW SOLAR PHOTOVOLTAIC ARRAY ZONING ENFORCEMENT AUTHORITY
Definitions.
That development may proceed without the need for a special permit. As-of-right development shall be subject to site plan review to determine conformance with local zoning bylaws and Subsection F, Site Plan Review, of this bylaw.
The inspector of buildings, building commissioner, or local Inspector that is designated by the bylaw charged with the enforcement of the zoning bylaws.
A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, site plan review, including those governing ground mounted large scale solar photovoltaic installations.
The locations designated by Town Meeting, in accordance with MGL c. 40, § 5, where ground mounted large scale solar photovoltaic installations may be sited as of right.
A solar photovoltaic system that is structurally mounted on the ground and is not roof mounted, and has a minimum nameplate capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).
Review by the Site Plan Review Authority to determine conformance with local zoning bylaws and Subsection F, Site Plan Review, of this bylaw. Site Plan Review Authority: For purposes of this bylaw, Site Plan Review Authority shall be the Planning Board.
An arrangement of solar photovoltaic panels.
The person or board charged with enforcing the zoning bylaws.
E.
General Requirements for Large Scale Solar Power Generation Installations.
(1)
Compliance with Laws, Bylaws and Regulations. The construction and operation of all large scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
[Amended 5-7-2012 ATM, Art. 52]
(2)
Building Permit and Building Inspection. No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining an approval of a Site Plan and a Building Permit.
(3)
Fees. The application for a building permit for a large scale solar photovoltaic installation must be accompanied by the fee required for a building permit.
F.
Site Plan Review. Ground mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section.
(1)
General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. Site Plan Approval shall be an "expedited" application and permitting process under which said facilities may be sited within one year from the date of initial application to the date of final approval by the Planning Board.
(2)
Required Documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
(a)
A site plan showing:
[1]
Property lines and physical features, including roads, for the project site;
[2]
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[3]
Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
[4]
One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices;
[5]
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
[6]
Name, address, and contact information for proposed system installer;
[7]
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[8]
The name, contact information and signature of any agents representing the project proponent;
(b)
Documentation of actual or prospective access and control of the project site as per Subsection G, Site Control.
(d)
Zoning district designation for the parcel(s) of land comprising the project site.
(e)
Proof of liability insurance.
(f)
A fully inclusive written estimate of the costs associated with decommissioning and removal of equipment, reclamation of the site including the relandscape prepared by a registered professional engineer skilled and experienced in the estimation of the decommissioning cost of such an installation. The amount shall include a written estimate of the projected inflation of the decommissioning cost and an explanation of the basis for calculating the increased removal costs due to inflation.
(h)
The Planning Board may waive documentary requirements as it deems appropriate.
G.
Site Control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
H.
Operation and Maintenance Plan. The project proponent shall submit a plan for the operation and maintenance of the large scale ground mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, lighting as well as general procedures for operational maintenance of the installation.
I.
Utility Notification. No large scale ground mounted solar photovoltaic installation shall be constructed until written proof has been submitted to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator on the site. Off-grid systems shall be exempt from this requirement.
J.
Dimension and Density Requirements.
(1)
Setbacks. For large scale ground mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
(a)
Front Yard: The front yard depth shall be at least 50 feet.
(b)
Side Yard: Each side yard shall have a depth at least 30 feet; except where the lot is in a Residential District or abuts a Residential District, the side yard shall not be less than 50 feet.
(c)
Rear Yard: The rear yard depth shall be at least 30 feet; except where the lot is in a Residential District or abuts a Residential District, the rear yard shall not be less than 50 feet.
(2)
Appurtenant Structures. All appurtenant structures to large scale ground mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures should be screened and shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
K.
Design Standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties and designed so as to limit to the extent practical the light emanating from the site onto abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(2)
Signage.
(a)
Signs on large scale ground mounted solar photovoltaic installations shall comply with the provisions of the zoning bylaw governing signs.[1] A sign consistent with the sign bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.
(b)
Solar photovoltaic installations shall not be arranged or used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility Connections. Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Controlled Access. Fencing shall be installed to prevent unauthorized access to the entire installation including solar panels, appurtenant structures, equipment shelters, storage facilities, transformers, and substations, and the like. A copy of the key to access the installation or any alternate access arrangements shall be provided to the Rockland Police and Fire Departments for emergency purposes.
L.
Safety and Environmental Standards.
(1)
Emergency Services. The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, emergency response plan and site plan to the Fire Department at the same time as the application is submitted to the Planning Board and the Fire Department shall be afforded the opportunity to comment on the proposed project prior to the closing of the public hearing. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(2)
Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large scale ground mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.
M.
Monitoring and Maintenance.
(1)
Solar Photovoltaic Installation Conditions. The large scale ground mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Building Commissioner. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
(2)
Modifications. All modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.
N.
Abandonment or Decommissioning.
(1)
Removal Requirements. Any large scale ground mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal not less than 30 days prior to the date projected for removal. The owner or operator shall obtain a Demolition Permit from the Building Department prior to the removal. The decommissioning shall consist of:
(a)
Physical removal of all large scale ground mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
O.
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Building Commissioner. If the owner or operator of the large scale ground mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation at the cost and expense of the owner and operator and the cost and expense thereof shall be paid by the owner and/or operator together with any and all legal cost and expenses associated with recovering the cost and expenses.
P.
Financial Surety. The operator of a large scale ground mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent in Subsection F(2)(f). Such surety will not be required for municipally or state-owned facilities.
§ 415-21.2 Downtown Rockland Revitalization Overlay District (DRROD).
[Added 5-1-2017 ATM, Art. 32]
A.
Purpose.
(1)
The purpose of this section is to establish the Downtown Rockland Revitalization Overlay District (DRROD), to encourage smart growth in accordance with the purposes of MGL c. 40R. The DRROD will facilitate mixed-use, diverse, and affordable housing development to meet local need and demand in Rockland, and expand commercial and housing opportunity in Rockland's downtown area.
(2)
Other objectives of this section are to:
(a)
Implement the goals and strategies of the Rockland Housing Production Plan (2016), which recommends an overlay district be adopted in the downtown area of Rockland.
(b)
Enable an increase in housing production that will provide for a full range of housing choices for households of all incomes, ages, and sizes in order to preserve Rockland's community character.
(c)
Enable a mix of uses along Union Street corridor in order to advance walkability, safety, convenience, and to meet local need and demand for appropriate amenities.
(d)
Ensure high-quality site planning, architecture, and landscape design that enhances the distinct visual character and identity of downtown Rockland.
(e)
Ensure predictable, fair, and cost-effective development review and permitting.
(f)
Generate positive tax revenue.
(g)
Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in accordable with MGL c. 40R, 760 CMR 59.06, and MGL c. 40S arising from housing development in the DRROD.
B. AFFORDABLE HOMEOWNERSHIP UNIT AFFORDABLE HOUSING AFFORDABLE HOUSING RESTRICTION AFFORDABLE RENTAL UNIT APARTMENT APPLICANT ARTS AND CRAFTS STUDIO AND WORKSHOP AS-OF-RIGHT BUILDING COMMUNITY FACILITY DEPARTMENT or DHCD DESIGN STANDARDS DRROD DWELLING UNIT DWELLING, MULTI-FAMILY DWELLING, THREE-FAMILY DWELLING, TWO-FAMILY ELIGIBLE HOUSEHOLD ENABLING LAWS FLOOR AREA LIVE/WORK SPACE MEDICAL OR DENTAL OFFICE MIXED-USE DEVELOPMENT PROJECT MONITORING AGENT or ADMINISTERING AGENT OFFICE, BUSINESS OR PROFESSIONAL PAA REGULATIONS PERSONAL SERVICE ESTABLISHMENT PLAN APPROVAL PLAN APPROVAL AUTHORITY (PAA) PROJECT RESIDENTIAL PROJECT RESTAURANT RESTAURANT, CAFE RESTAURANT, FAST-FOOD RETAIL SMALL-SCALE GROCER ZONING BYLAWS
Definitions: For purposes of this section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Subsection B, or as set forth in the PAA Regulations. To the extent that there is any conflict between the definitions set forth in Subsection B or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection F(5) of this Bylaw.
An Affordable Housing unit required to be rented to an Eligible Household.
A portion of a building equipped with housekeeping facilities and used as a dwelling unit, for which periodic compensation is paid and which is occupied by a person other than the legal owner.
The individual or entity that submits a Project for Plan Approval.
An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property.
A noncommercial use established primarily for the benefit and service of the population of the community in which it is located. Community facility shall include but not be limited to community care facility, community center, social services, and learning/training facility.
The Massachusetts Department of Housing and Community Development, or any successor agency.
Means provisions of Subsection M made applicable to Projects within the DRROD that are subject to the Plan Approval process.
The Smart Growth Overlay District established in accordance with this section.
One or more rooms designed for occupancy by one family that includes kitchen, sanitary and living facilities.
A building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units, separated by vertical walls or horizontal floor unpierced except for access to the outside or to a common cellar.
A detached or semidetached building where not more than three individual family or dwelling units are separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
A detached or semidetached building where not more than two individual family or dwelling units are separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
An individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
MGL c. 40R and 760 CMR 59.00.
The gross horizontal area of all floors (excluding area used for parking) within the exterior walls of a building.
Spaces within buildings that are jointly used for artist studio/commercial and residential purposes.
An office building or part thereof where one or more practitioners engaged in a solo or group practice, whether conducted for profit or not for profit, and however organized, wholly owned and controlled by one or more of the practitioners.
A building, room or space where clerical or administrative activities are performed.
The rules and regulations of the PAA adopted pursuant to Subsection I(3).
A facility providing personal services, including but not limited to hair salon, barbershop, tanning beds, dry cleaning, print shop, and photography studio.
The local approval authority authorized under Subsection I(2) to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the DRROD.
A Residential Project or Mixed-Use Development Project undertaken within the DRROD in accordance with the requirements of this § 415-21.2.
A Project that consists solely of residential, parking, and accessory uses, as further defined in Subsection E(1)(a).
A building which is designed, intended and used for the indoor sales and consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast-food restaurant."
An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.
An establishment, such as a pizza or sandwich shop, whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter. The term "restaurant, fast-food" shall not include "restaurant, cafe."
A business having as its primary function the sale of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license.
Stores no larger than 10,000 square feet where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other homecare and personal care products, and which are larger and carry a broader range of merchandise than convenience stores.
The Zoning Bylaws of the Town of Rockland.
C.
Overlay District.
(1)
Establishment. The Downtown Rockland Revitalization Overlay District, hereinafter referred to as the "DRROD," is an overlay district having a land area of approximately 37.5 acres in size that is superimposed over the underlying zoning district (s) and is shown on the Zoning Map as set forth on the map entitled "Downtown Rockland Revitalization Overlay District, dated February 2017, prepared by MAPC." This map is hereby made a part of the Zoning Bylaws and is on file in the Office of the Rockland Town Clerk.
 |
(2)
Subdistricts. The DRROD contains the following multifamily subdistricts: Union Street Corridor Subdistrict, Webster Artist Studio Subdistrict and the Emerson Lofts Subdistrict. The DRROD contains the following mixed-use subdistrict: Sandpaper Artist Studio Subdistrict.
D.
Applicability of DRROD.
(1)
Applicability of DRROD. An applicant may seek development of a Project located within the DRROD in accordance with the provisions of the Enabling Laws and this section, including a request for Plan Approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Bylaws, such application shall not be subject to any other provisions of the Zoning Bylaws, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.
(2)
Underlying zoning. The DRROD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaws governing the underlying zoning district(s) shall remain in full force, except for those Projects undergoing development pursuant to this section. Within the boundaries of the DRROD, a developer may elect either to develop a Project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaws governing the underlying zoning district(s).
(3)
Administration, enforcement, and appeals. The provisions of this section shall be administered by the Inspector of Buildings, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Subsections I through M shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL c. 40A.
E.
Permitted and prohibited uses.
(1)
The following uses are permitted as-of-right for Projects within the Union Street Corridor Subdistrict of the DRROD.
(a)
Residential Projects. A Residential Project within the Union Street Corridor Subdistrict of the DRROD may include:
[1]
Dwelling, two-family and three-family.
[2]
Dwelling, multifamily.
[3]
Conversion of any existing building to a multifamily dwelling.
[4]
Parking accessory to any of the above permitted uses, including surface, garage-under, and structure parking (e.g., parking garages).
[5]
Accessory uses customarily incidental to any of the above permitted uses.
(b)
Mixed-use development project.
[1]
A Mixed-Use Development Project within the Union Street Corridor Subdistrict of the DRROD may include: Multifamily Residential Uses, provided that the minimum allowable as-of-right density requirements for residential use specified in Subsection G(1) shall apply to the residential portion of any Mixed-Use Development Project, with any of the following nonresidential uses:
[a]
Retail.
[b]
Restaurant, with service of alcoholic beverages, no service of alcoholic beverages cafe, and fast-food.
[c]
Small-scale grocer.
[d]
Personal service establishment.
[e]
Bank.
[f]
Community facility.
[g]
Medical or dental office.
[h]
Business or professional office.
[i]
Arts and crafts studios and workshops.
[2]
Two and three-family Residential Uses, provided that the minimum allowable as-of-right density requirements for residential use specified in Subsection G(1) shall apply to the residential portion of any Mixed-Use Development Project, with any of the following nonresidential uses:
[3]
In either case, Mixed-Use Development Projects may include:
[a]
Parking lot or structure as the primary use or any parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages).
[b]
Accessory uses customarily incidental to any of the above permitted uses.
[c]
The area devoted to residential uses within a Mixed-Use Development Project shall occupy at least 51% of the gross floor area of the Project. Residential uses shall not occupy the ground floor level of a Mixed-Use Development Project.
(c)
Subdistricts. The following uses apply to the DRROD subdistricts:
[1]
Webster Artists Studio Subdistrict: multifamily residential uses; live/work space; and arts and craft studios and workshops.
[2]
Sandpaper Artists Studio Subdistrict: multifamily residential uses; live/work space; and arts and craft studios and workshops.
[3]
Emerson Lofts Subdistrict: multifamily residential uses.
F.
Housing and housing affordability.
(1)
Number of Affordable Housing Units. For all Projects containing at least 13 residential units, not less than 20% of housing units constructed shall be Affordable Housing. Unless the PAA provides a waiver on the basis that the Project is not otherwise financially feasible, 25% of rental dwelling units constructed in a Project containing rental units must be Affordable Rental Units. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit. A Project shall not be segmented to evade the Affordability threshold set forth above.
(2)
Monitoring Agent. A Monitoring Agent which may be the local housing authority or other qualified housing entity shall be designated by the Planning Board. In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a Building Permit for a Project within the DRROD, and on a continuing basis thereafter, as the case may be:
(a)
Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;
(b)
Income eligibility of households applying for Affordable Housing is properly and reliably determined;
(c)
The housing marketing and resident selection plan conform to all requirements, have been approved by DHCD specifically with regard to conformance with MGL c. 40R and 760 CMR 59.00, and are properly administered;
(d)
Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and
(e)
Affordable Housing Restrictions meeting the requirements of this section are approved by DHCD specifically with regard to conformance with MGL c. 40R and 760 CMR. 59.00, recorded Plymouth County Registry of Deeds.
(3)
Submission Requirements.
(a)
As part of any application for Plan Approval for a Project within the DRROD submitted under Subsections I through M (prior to submission of any application for a Building Permit), the Applicant must submit the following documents to the PAA and the Monitoring Agent:
[1]
A narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly;
[2]
Evidence that the Project complies with the cost and eligibility requirements of Subsection E(4);
[3]
Project plans that demonstrate compliance with the requirements of Subsection E(5); and
[4]
A form of Affordable Housing Restriction that satisfies the requirements of Subsection E(6).
(b)
These documents in combination, to be submitted with an application for Plan Approval (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), shall include details about construction related to the provision, within the development, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
(4)
Cost and eligibility requirements.
(a)
Affordable Housing shall comply with the following requirements:
[1]
Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
[2]
For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.
[3]
For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one.
(b)
Prior to the granting of any Plan Approval for a Project, the Applicant must demonstrate, to the satisfaction of the Monitoring Agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to Rockland.
(5)
Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed proportionately throughout the Project of which they are part, across all unit types and be comparable in initial construction quality, size and exterior design to the other housing units in the Project. Only unit types (e.g., live/work units, three-bedroom units) that contain a proportionate share of the required percentage of Affordable Housing will be considered eligible Bonus Units for the purposes of the Enabling Laws. The bedroom-per-unit average for the Affordable Housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.
(6)
Affordable Housing Restriction. Each Project shall be subject to an Affordable Housing Restriction which is recorded with the Plymouth Registry of Deeds or district registry of the Land Court and which contains the following:
(a)
Specification of the term of the Affordable Housing Restriction which shall be no less than 30 years;
(b)
The name and address of the Monitoring Agent with a designation of its power to monitor and enforce the Affordable Housing Restriction;
(c)
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project with the initially designated Affordable Rental Units identified in, and able to float in accordance with, the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines;
(d)
Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;
(g)
A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease of any Affordable Rental Unit shall be given to the Monitoring Agent;
(h)
Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the Monitoring Agent;
(i)
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and/or the municipality, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an Eligible Household;
(j)
Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;
(k)
Provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the Monitoring Agent, in a form specified by that agent certifying compliance with the Affordability provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and
(l)
A requirement that residents in Affordable Housing provide such information as the Monitoring Agent may reasonably request in order to ensure affordability.
(7)
Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements.
(8)
Age Restrictions. Nothing in this § 415-21.2 shall permit the imposition of restrictions on age upon Projects throughout the entire DRROD. However, the PAA may, in its review of a submission under Subsection F(3), allow a specific Project within the DRROD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable units.
(9)
Phasing. For any Project that is approved and developed in phases in accordance with Subsection I(4), the percentage of Affordable units in each phase shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1). Where the percentage of Affordable Housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionate to the Affordable Housing provided for in each respective phase.
(10)
Fair Housing Requirement. All Projects within the DRROD shall comply with all applicable federal, state and local fair housing laws and regulations.
G.
Dimensional and density requirements.
(1)
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the DRROD are as follows:
Table of Dimensional Requirements | ||
|---|---|---|
Characteristic | Recommendation | |
Minimum lot area (square feet) | 2,000 | |
Minimum lot area per dwelling unit (square feet) | Residential use or mixed-use: 500 square feet of lot area per dwelling unit | |
Allowable residential density (number of units per acre of developable land) for multifamily development | 20 | |
Minimum lot width (feet) | 30 | |
Maximum lot coverage by all buildings (percent) | 80% | |
Minimum depth of front yard (feet) | 0 | |
Minimum width of side yard (feet) | 5 | |
Minimum width of rear yard (feet) | 20 | |
Maximum height of buildings (feet) | 45 along either side of Union Street; 40 anywhere else in the DRROD* | |
Maximum height of buildings (stories) | 4 along either side of Union Street; 3 anywhere else in the DRROD | |
Minimum distance between buildings on lot (feet) | None | |
NOTE: | ||
* | If on-site underground parking is provided, the building height may be increased to 50 feet. | |
(2)
Dimensional Waivers in Substantially Developed Subdistrict. The PAA may, in order to encourage the development of infill housing units on undeveloped lots within a Substantially Developed Subdistrict, grant a waiver to the dimensional standards of Subsection G(1), in accordance with Subsection K(3).
H.
Parking requirements. The parking requirements applicable for Projects within the DRROD are as follows:
(1)
Parking space location and design. Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrianway. In no case shall surface parking for new construction be permitted within the required front yard setbacks.
(2)
Number of parking spaces.
(a)
Unless otherwise approved by the PAA, the following minimum numbers of off-street parking spaces shall be provided by use, either in surface parking, within garages or other structures, or on-street:
[1]
Dwelling, two-family, three-family and multifamily, and live/work space: 1.5 spaces in the Union Street Corridor Subdistrict; two spaces per unit per dwelling unit in all other Subdistricts.
[2]
Personal service, professional office, and retail uses (small-scale grocer, arts and crafts studio and workshops): one space for each 300 square feet plus one space for every two employees.
[3]
Restaurant uses: one space for every two seats and one space for every two employees.
[4]
Professional office, medical and dental office and community facility uses: one space for every 100 square feet of occupied floor area and one space for every two employees.
[5]
Bank: three spaces per 1,000 square feet.
(b)
The PAA may require additional visitor parking spaces if deemed appropriate given the design, layout and density of the proposed residential or other development.
(3)
Shared Parking. At the discretion of the PAA, shared use may be made of required parking spaces by intermittent use establishments such as churches, assembly halls, or theaters whose peak parking demand is only at night or on Sundays and by other uses whose peak demand is only during the day. Required spaces shall be within 400 feet in actual travel distance of the main entrance to the principal buildings served by the shared parking. In order for such shared parking to be eligible to satisfy required off-street parking standards in whole or in part, a written agreement acceptable to the PAA defining the joint use of the common parking facility shall be executed by all parties concerned and approved by the PAA. Such agreement shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the duration or limit, if any on such parking. Such agreement shall be recorded at the Plymouth County Registry of Deeds. The PAA may prescribe safeguards and conditions as it shall warrant appropriate.
(4)
Off-site parking. An applicant may use off-site parking to satisfy its parking requirements, where alternative parking is within 400 feet of the subject property. Off-site parking may be provided in public lots located within 400 feet of the building. Applicant shall document efforts to promote use of off-site parking by customers, residents or employees. In the event that the off-site parking is no longer available, the applicant shall present a new parking plan to the PAA for approval.
(5)
Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be waived if it is impractical for the applicant to meet the parking standards and that such waivers are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in or in proximity to the Project, and upon demonstration to the reasonable satisfaction of the PAA that a lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:
(a)
The availability of surplus off-street parking in the vicinity of the use being served;
(b)
The availability of public or commercial parking facilities in the vicinity of the use being served in accordance with Subsection H(4);
(c)
Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
(d)
Evidence that a proposed use will result in less parking demand than the required minimum parking standards;
(e)
Evidence that the number of cars per household within the DRROD can be supported by a reduced number of parking spaces;
(f)
Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and
(g)
Such other factors as may be considered by the PAA.
(6)
Waivers cannot be granted using criteria 2 and 3 above in combination.
(7)
In mixed-use developments, applicants may request a waiver of the parking requirements based on an analysis of peak demand for noncompeting uses. In such cases the parking requirement for the largest of the uses (in terms of parking spaces required) shall be sufficient. This section does not apply to requests for shared parking pursuant to Subsection H(3) above.
I.
Plan approval of projects: general provisions.
(1)
Plan Approval. An Application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Subsections I through M. Such Plan Approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws. The following categories of Projects shall be subject to the Plan Approval process:
(2)
Plan Approval Authority (PAA). The Rockland Planning Board, consistent with MGL c. 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and it is authorized to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the DRROD.
(3)
PAA Regulations. The Plan Approval Authority may adopt administrative rules and regulations relative to Plan Approval. Such rules and regulations and any amendments thereto must be approved by the Department of Housing and Community Development and filed with the Town Clerk prior to any mandatory application of such rules and regulations.
(4)
Project Phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Subsection F(9).
J.
Plan approval procedures.
(1)
Preapplication.
(a)
Prior to the submittal of a Plan Approval submission, a Concept Plan may be submitted to help guide the development of the definitive submission for Project buildout and individual elements thereof. Such Concept Plan should reflect the following:
(b)
The Concept Plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the DRROD.
(2)
Required Submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with application fee(s) which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the Affordability requirements of Subsection F, the application shall be accompanied by all materials required under Subsection F(3). 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 PAA.
(3)
Filing. An applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the Rockland Town Clerk and a copy of the application including the date of filing certified by the Rockland Town Clerk shall be filed forthwith with the PAA.
(4)
Circulation to other boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Inspector of Buildings, Highway Superintendent, Water Commission, Sewer Commission, the Monitoring Agent (for any Project subject to the Affordability requirements of Subsection F), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.
(5)
Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the Rockland Town Clerk, within 120 days of the receipt of the application by the Rockland Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Rockland Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the Plan Approval application.
(6)
Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the Town of Rockland in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.
K.
Plan approval decisions.
(1)
Plan Approval.
(a)
Plan Approval shall be granted where the PAA finds that:
[1]
The applicant has submitted the required fees and information as set forth in the PAA Regulations; and
[2]
The Project as described in the application meets all of the requirements and standards set forth in this section and the PAA Regulations, or a waiver has been granted therefrom; and
[3]
Any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.
(b)
For a Project subject to the Affordability requirements of Subsection F, compliance with condition in Subsection K(1)(a)[2] above shall include written confirmation by the Monitoring Agent that all requirements of that subsection have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this section, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties.
(2)
Plan Disapproval. A Plan Approval application may be disapproved only where the PAA finds that:
(a)
The applicant has not submitted the required fees and information as set forth in the Regulations; or
(b)
The Project as described in the application does not meet all of the requirements and standards set forth in this section and the PAA Regulations, or that a requested waiver therefrom has not been granted; or
(c)
It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.
(3)
Waivers. Upon the request of the Applicant and subject to compliance with MGL c. 40R and 760 CMR 59.00, the Plan Approval Authority may waive dimensional and other requirements of Subsection G, H or M, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the DRROD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.
(4)
Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific Project, the proportion of Affordable units shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1).
(5)
Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Rockland Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Rockland Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Rockland Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Rockland Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for Plymouth County and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.
(6)
Validity of Decision. A Plan Approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the Project proponent is actively pursuing other required permits for the Project or there is other good cause for the failure to commence construction, or as may be provided in a Plan Approval for a multiphase Project.
L.
Change in plans after approval by PAA.
(1)
Minor Change. After Plan Approval, an applicant may apply to make minor changes in a Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Rockland Town Clerk.
(2)
Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Subsections I through M.
M.
Design standards.
(1)
Adoption of Design Standards. Any Project undergoing the Plan Approval process shall be subject to design standards as set forth herein.
(2)
Purpose. The Design Standards are adopted to ensure that the physical character of Projects within the DRROD:
(3)
Design Standards. The PAA may adopt, by simple majority vote, Design Standards which shall be applicable to Development Projects subject to Plan Approval by the PAA. Such Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
(4)
DHCD Approval. After adopting Design Standards, the PAA shall submit Design Standards to DHCD for approval. Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk. In submitting proposed Design Standard for DHCD approval, the PAA shall also submit sufficient documentation clearly showing that the proposed Design Standards will not add unreasonable costs to Development Projects or unreasonably impair the economic feasibility of a Development Project. A letter from a developer, property owner or other interested party indicating that the Design Standards will not add unreasonable costs or unreasonably impair the economic feasibility of a Development Project shall not constitute sufficient documentation. At its discretion, DHCD may disapprove Design Standards if it finds that the PAA has not adopted objective Design Standards or has not submitted such documentation.
(5)
Plan Approval. An application for Plan Approval that has been submitted to the Town Clerk pursuant to this section shall not be subject to Design Standards that have not been approved by DHCD and filed with the Town Clerk.
(6)
Design Standards.
(a)
Sites and Blocks; Building Placement. Buildings shall be placed on the site to define the edges of streets and public spaces with primary facades oriented to the street or public space, minimally setback and occupying a majority of the lot frontage. Building placement shall respect existing patterns of building placement for the street on which they are located by matching the pattern of facade orientation, setback and lot frontage with minimal variation. Buildings shall be placed to conceal parking at the interior or rear of building lots.
 Figure. Building Placement |
[1]
Building Setbacks. Building setbacks shall be in accordance with the DRROD Dimensional Regulations and context sensitive. The building setback from the front lot line must be consistent with the surrounding context of the lot. A building must be setback not more than five feet further from the street as measured against the existing abutting building that is closest to the street. For example, if a site has an existing building neighbor with a zero-foot setback, a proposed building could be setback up to five feet from the front lot line, but under no circumstance could be setback greater than the maximum established by the DRROD Dimensional Regulations. The building setback from the front lot line shall be minimized to strengthen continuity of the street form.
 Figure. Building Setbacks |
[2]
Building Orientation. Buildings shall be oriented with the primary building facade(s) facing the primary street frontage(s) of the site. Buildings must be oriented parallel to the front lot line to preserve a consistent facade line with the street. Primary building entrances shall be easily identified and be oriented to the street. The primary entry shall be clearly visible from the public street which provides the building's main orientation. In order to strengthen and define street form, corner buildings shall align to both street frontages.
 |
[3]
Street Corners. Corner sites within the DRROD are of particular importance with the ability to define two street edges and an intersection. Projects located at a corner site shall be oriented and configured to define both street edges and the corner of the site. The corner may be defined positively by placing the building with built edges to the corner or defined negatively by framing an open space at the corner with built edges setback from the corner around a landscape plaza or open space.
 Figure. Street Corner - Acknowledge corner sites and multiple frontages |
[4]
Design Treatment of Edges. Buildings that are not physically adjoined to abutters shall treat side yards and the spaces between buildings in a manner consistent with existing patterns of use, in terms of setbacks and use. Landscaping shall be used to define street edges and to buffer and screen edges that may have a negative visual impact, such as parking or loading areas. Access driveways and curb cuts using side yards may be combined between adjoining properties to access parking for multiple buildings at the interior of the block.
 Figure. Design Treatment of Edges - Reinforce positive views and screen negative views |
[5]
Building placement, design, massing and form shall ensure the preservation and enhancement of historic and architectural assets through context-sensitive design and contribute to human-scaled streets and public spaces by articulating ground floor levels with architectural components that relate to the scale of a human. No Design Standard shall be interpreted in a manner that would adversely impact the historic character, historic design integrity or historic quality of existing buildings.
(b)
Building Massing and Form.
[1]
Relationship to Existing Context. Building massing, form and scale shall be complementary to and respectful of the patterns of existing buildings in the immediate vicinity.
[2]
Building Form. The shape and massing of the building shall complement the abutting structures and define the edges of streets and open spaces. The building form and massing shall use the techniques described herein to reduce the impact of large uninterrupted building masses and facades and to create building forms that are human-scaled.
[3]
Scale. The scale of proposed revitalizations shall be compatible with the surrounding architecture and landscape context. The configuration of architectural components shall be composed to reduce the overall scale of buildings to relate to a human-scale. Elements that may help to relate building massing proportionally to the size of the human body shall include: articulated building bases through a change in material or color; placement of windows in a regular pattern; use of materials that are made of smaller human-scaled modules; and articulation of building entries with canopies, porches or awnings, facade and roof projections (such as cornices, defined bays).
[4]
Proportion. The proportion of buildings should be related to the scale and importance of the streets on which they are located. The proportions of building elements shall be generally compatible with existing structures and the features and components of the facade.
[5]
Modulation of Building Mass, Scale and Bulk. By creating variations in roof form, cornice and roofline, treatment of corners and interruption of facade lengths, building masses can be reduced to be more compatible with the context of the district. Blank walls adjacent to streets, alleys or open spaces are not permitted. The ground floors of all buildings must be designed to encourage and complement pedestrian-scale activity by the use of windows and doors visible and accessible to the street. Building design elements, details and massing shall create a well-proportioned and unified building form and exhibit an overall architectural concept. Buildings shall exhibit form and features that reflect the functions within the building. Building facade elements shall be articulated to provide visual interest by incorporating architectural features such as belt courses or horizontal bands to distinguish individual floors; change in materials and color and/or texture that enhances specific form elements or vertical elements of the building; a pattern of windows; and/or bay windows to give scale to the structure. Spacing and width of bays shall provide intervals that create scale elements similar to surrounding buildings. The top of such buildings shall display a distinct profile or outline incorporating such elements as a projecting parapet, cornice, upper level setback or pitched roofline.
[6]
Building Roofs. Building roofs that are visible from the street shall be composed of materials compatible with the Project Area (for example slate or composite shingle roofing materials). Roofing materials shall not call undue attention to the roof itself with bright or contrasting colors, unless historically documented. Large, unbroken expanses of roof shall be articulated at least every 100 feet, or at a shorter length compatible with adjacent or facing buildings, by interrupting the cornice or roofline, providing variation in roof form, or architectural components (for example a series of dormers or skylights). Building mechanical equipment located on building roofs, sites, or other locations shall be screened from view from the street.
[7]
Building Height Step backs. For buildings that include a fourth story, a building step back of at least five feet shall be incorporated to reduce the shadowing effect on public streets and surrounding buildings and prevent a "canyon" effect when taller buildings are located directly across the street from, or adjacent to, one another.
 Figure. Stepback |
(c)
Building Facades.
[1]
Facade Design and Relationship to Existing Context. The facade, or primary building elevation, shall be compatible with the facade design of neighboring buildings so as to create continuity across buildings and the street edge. Primary building facades with frontage along the street shall be sensitive to the existing context of building facades along that street. Building facades facing the street shall have at least 25% of the overall facade in transparent windows and at least 40% of the ground floor facade in transparent windows.
[2]
Architectural Treatments. Architectural details include, but are not limited to, items such as the trim around entrances, corners, eaves, doors and windows; exterior cladding materials; and roof type. These components shall be coordinated to be compatible with the character of the existing buildings in the immediate vicinity of the Project Area and to reinforce the human-scaled aspects of the building design.
[3]
Proportion and Pattern of Windows. Window patterns and openings shall acknowledge and respond to existing adjacent window patterns in proportion, scale, rhythm and number of openings.
[4]
Placement and Treatment of Entries. Entrances shall be oriented to the primary street frontage. Building entries shall be used to introduce human-scaled components to the building facade such as storefronts, canopies, porches and stoops and provide a high level of visibility and transparency into ground floor uses to activate and add interest to the adjacent street.
[5]
Ground Level Articulation. The building facade shall clearly define commercial ground floor space and differentiate the articulation of the ground floor from the residential or mixed-use space on the building stories above. Ground level facades in noncommercial buildings shall be articulated in such a way that they are visually compatible with adjacent commercial storefronts and maintain an active and inviting street level facade.
 Figure. Ground Level Articulation |
[6]
Roof Parapet and Cornice Lines. Building cornice lines shall be used to define building facades and create facade components consistent with historic parapet or cornice lines as originally designed and built in the district.
 Figure. Roof Parapet and Cornice Lines |
[7]
Building Materials. Building materials shall be selected to be compatible with or complementary to the surrounding context. Materials on the facade that are subject to deterioration (plywood or plastic) shall be avoided. New buildings shall use materials such as brick, cast stone, architectural stone, terra cotta, concrete, wood or shingle siding that incorporate varied texture and color.
[8]
Signage. Sign type, location and installation shall be consistent with other uses adjacent to and along the same street or within a consistent district. Freestanding signs, permanently affixed signs independent of a building or structure are prohibited.
 Figure. Signage |
[9]
Multitenant Signage. Signs for buildings with multiple tenants shall be coordinated upon a building facade to offer clear, orderly and legible information about the building, address, and tenants. A consistent height and line for a sign band in multiple tenant buildings shall be created in conjunction with the ground floor storefront and articulation; signage shall not be placed on the upper facade of multistory buildings.
 Figure. Multitenant Signage |
[10]
Awnings. Awnings may be used to provide a human-scaled element to the ground floor of building facades and protect building entries. Awnings shall not be placed on a building such that they would obscure important architectural details by crossing over pilasters or covering windows. Multiple awnings on a single building shall be consistent in size, profile, location, material, color and design. On multitenant buildings the awnings shall be allowed to vary in color and details, but shall be located at the same height on the building facade.
 Figure. Awnings |
(d)
Public and Private Open Spaces.
[1]
Private Use of Public Spaces. Generally, public spaces shall be reserved for public uses. Sidewalk use for temporary displays, kiosks, etc., shall be coordinated with and approved with the project. Clearance and access required for public circulation shall be maintained at all times.
[2]
Private Site Details. Public and private open spaces shall be designed, landscaped, and furnished to be compatible with or complementary to the character of the district in which they are located. Public art shall be used to define and punctuate public spaces. All art installations shall maintain clearances in public spaces, and be constructed of materials that are durable, easily maintained and that do not present safety hazards.
(e)
Landscape.
[1]
Landscape Use and Orientation. Site, block and building orientation and configuration shall use landscape features to shield negative views, define edges and frame streets and public spaces. No plantings shall obscure site entrances and exit drives, accessways, or road intersections or impair visibility of commercial storefronts. Landscaping shall be used to reinforce human-scaled elements of the building and site and to create outdoor spaces that are scaled comfortably for people.
[2]
Site and Street Edges. Landscape strips with street trees, street trees in sidewalk tree wells or landscaped medians shall be used as is consistent with the existing landscape patterns of the location of proposed improvements. Landscaping shall be used to define the street edge if the existing pattern of building placement includes a front setback.
 Figure. Landscape Site and Street Edges |
[3]
Buffers and Screens. Landscape buffers shall be used to screen parking, loading and service areas that may be visible from public streets or open spaces. All views that could be associated with a negative impact should be screened with strategically selected and located landscape features. Screening may include architectural walls, fences or other visual barriers.
 Figure. Landscape Buffers and Screens |
(f)
Parking.
[1]
Parking Placement. Parking shall be located at the interior of blocks, behind buildings or at the rear of sites, away from prominent site edges, public spaces and streets.
 Figure. Placement of Parking |
[2]
Parking Orientation. Parking lots shall be designed to recede in the visual environment by creating separations between parking areas and the edges of streets and sidewalks, buffering parking areas with landscaping, and screening parking areas behind buildings or other site components (fences, gates, walls or hedges).
[3]
Parking Landscape. Generous landscape areas shall be designed to ensure plant health, including adequate area for snow removal, and shall create planting strips of not less than 10 feet wide for trees. No landscape island shall be less than six feet wide. Landscape areas shall be placed at all exterior edges of the parking area that abut adjacent properties, streets or public spaces. Additional landscape medians shall be provided between parking spaces to break up the impervious surfaces and mitigate the visual impact of parking.
[4]
Landscape of Preexisting Parking Lots. Upon the expansion of an existing parking lot containing 20 or more parking spaces and/or an alteration of a structure or change in uses that increases the parking requirements by five or more spaces, the entire existing parking lot shall be brought into compliance with these standards to the degree feasible.
 Figure. Parking Landscape |
[5]
Curb Cuts. Every curb cut shall provide a continuous and uninterrupted pedestrian walkway. All curb cuts shall be designed so that driveways slope up from the street to the level of the sidewalk. Curb cuts shall not be designed so that the drive is set at the street elevation.
 |
[6]
Parking Details. Granite curbs shall be used to protect planting areas, define sidewalks, walkways and parking area edges.
[7]
Parking areas. Where possible, parking areas must be interconnected in a manner that allows the unobstructed flow of pedestrians between uses and parking areas. Adjacent parking areas on abutting properties shall be connected for improved circulation where possible.
(g)
Streetscape and Sidewalks.
[1]
Sidewalk Configuration. Adjacent Sidewalks shall be widened to accommodate street trees, landscaping and outdoor furnishing and amenities. Sidewalks shall be continuous and uninterrupted at driveways and curb cuts to reinforce priority for pedestrians.
[2]
Pedestrian Use. Where in reasonable proportion to a Project's transportation impact, Corner and curb radii associated with a Project's vehicle egresses and immediately adjacent intersections shall be reduced to decrease pedestrian crossing distances and to slow traffic speeds at downtown intersections, including such techniques as curb extensions and neck downs to increase safety for pedestrians. Pedestrian crosswalks with accessible curb ramps shall be provided at every such intersection.
[3]
Bicycle Use. Bicycle travel lanes, road markings, signage and sidewalk amenities shall be provided in reasonable proportion to the transportation impact of the Project and in coordination with roadway improvements. Bicycle lanes shall be a minimum of four feet wide when not adjacent to parking and a minimum of five feet wide when adjacent to parking.
[4]
Landscape. Rows of street trees shall be provided along the development frontage. To allow healthy tree growth, structural soil shall be used under adjacent sidewalks or paving when street trees are planted in tree wells or planting strips narrower than 10 feet. Street trees at sidewalks and parking shall be used to define the street and site edges. Street tree species selection shall be compatible with or complementary to adjacent street trees so as to ensure continuity of the street edge and public realm identity.
[5]
Street Furniture. All street furniture shall be integrated with street and sidewalk circulation to ensure adequate clearances, access and convenience of the location of these amenities. Street furniture shall be clustered at convenient locations that are plainly visible and accessible.
[6]
The placement of street furniture or outdoor dining tables should be encouraged whenever possible to enliven the streetscape. However, the placement of such on public property shall be subject to license review and approval by the Board of Selectmen.
(h)
Lighting.
[1]
Light Placement. Placement of lighting fixtures shall be designed to provide adequate ambient light levels for safety and usefulness and shall be configured to highlight pedestrian paths and building entrances.
[2]
Site Lighting. Site lighting shall use shielded and full cut-off fixtures that avoid spilling light onto neighboring streets, properties, structures and above into the night sky. Site lighting shall use low height fixtures, between 14 and 17 feet, which shall reinforce the human scale.
[3]
Building Lighting. Building lighting shall use shielded fixtures that avoid spilling light onto neighboring streets, properties, structures and above into the night sky. Building lighting shall focus on illuminating building entries, display windows and building signs. Uncoordinated architectural lighting of facades, building accents, awnings or other features shall be avoided to avoid contributing to a disrupted or disjointed lighting effect in the DRROD.
[4]
Signage Lighting. Building signage may be lit by a fixture(s) that shall light the sign and shield other views from glare. Light fixtures shall be consistent with the character of the building or shall be hidden from view.
N.
Severability. If any provision of this section is found to be invalid by a court of competent jurisdiction, the remainder of the section shall not be affected but shall remain in full force. The invalidity of any provision of this section shall not affect the validity of the remainder of the Town of Rockland's Zoning Bylaws.
§ 415-21.3 Route 3 Corridor Sign Overlay District.
[Added 5-6-2019 ATM by Art. 27]
A.
Purpose. The Route 3 Corridor Sign Overlay District is established to create an overlay district that provides for the development and construction of electronic billboards in a planned manner by allowing for the construction of electronic billboards within the overlay district to provide visibility and benefit the viability of new and existing businesses subject to reasonable controls that govern the placement, design, construction, operation, monitoring, modification and removal of such signs and minimize impacts on public safety, scenic, natural and historic resources.
B.
Description. Description of area included in the Route 3 Corridor Sign Overlay District is shown on the Official Zoning District Map, as amended. Route 3 Corridor Sign Overlay District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
C. BILLBOARD
Definitions. For purposes of this section, the following definitions shall apply:
An advertising sign or other commercial sign which directs attention to a business, commodity, service or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed.
D.
Route 3 Corridor Sign Overlay District.
(1)
Special permit uses. Off-premises billboard signs, non-accessory commercial signs, and on-premises billboard signs (hereinafter also referred to as "billboards" in this section) shall be permitted in the Route 3 Corridor Overlay Districts only by grant of a special permit issued by the Zoning Board of Appeals. Special permits may be limited to a term of years specified by the Zoning Board of Appeals. Any person desiring a special permit under this section shall submit a special permit application to the Zoning Board of Appeals together with a filing fee of $1,000 and 13 copies of the application materials as outlined below:
(a)
Site plan and area maps identifying the following features: (i) location of any existing buildings, parking spaces and traffic circulation pattern on the subject parcel; (ii) proximity of nearest residentially used and residentially zoned property utilizing current area photographs and Rockland Assessors Maps; (iii) specific location of proposed billboard; (iv) details of proposed buffer/landscaping area around billboards including species and caliper of trees and/or shrubbery; (v) location of an existing billboard(s) on the parcel, including any billboards on a building; and (vi) photographs or architectural depiction of proposed billboard.
(b)
Billboard details shall include the following information: (i) detailed dimensions and area of any proposed single or multi-faced billboard; (ii) detail sheet of any proposed support structure specifying dimensions and construction type. Upon request by the Zoning Board of Appeals or the Building Commissioner, the applicant shall provide a structural analysis of the support structure stamped by a licensed structural engineer; and (iii) lighting proposal, including cut sheets of all proposed lighting fixtures to be either attached to the billboard, structure or affixed to the ground.
(c)
Additional requirements: (i) authorization from the property owner (i.e., lease, etc.) granting permission to install the proposed billboard and (ii) any additional information as may be required by the Zoning Board of Appeals to assist the Board in determining whether the application complies with the intent and requirements of this section.
E.
Restrictions and design guidelines: In order to be eligible for a special permit, any billboard shall be in compliance with the following requirements:
(1)
Billboards shall be permitted in the Route 3 Corridor Sign Overlay District, provided, however, that no billboards shall be located further than 100 feet from any state highway layout;
(2)
Billboards shall not create a material visual impact to any abutting or adjacent residentially zoned and used property in the Town of Rockland;
(3)
All billboards must be permanently affixed to a main support structure. No portable billboards shall be permitted.
(4)
Billboards shall not have excessive lighting. Electronic billboards shall use automatic level controls to reduce light levels at night and under cloudy or other darkened conditions.
(5)
Exposed back of billboards, poles and other support structures must be painted in a color and finished so as to present an attractive and finished appearance which will blend with the natural surroundings.
(6)
The following types of billboards are prohibited:
(a)
Animated, projected, moving or giving the illusion of movement (including any moving parts), scrolling, flashing, revolving, and blinking, and intermittently illuminated billboards, beacons (or any light directed at any location other than the billboard itself), searchlights, pennants, and inflatable billboards, including balloons;
(b)
Billboards with physical movements of any kind;
(c)
Changeable copy or message billboards that change at intervals of more than once every eight seconds. Changes of image shall be instantaneous as seen to the human eye and shall not use fading, rolling, window shading, dissolving or similar effects;
(d)
Tri-vision billboards;
(e)
Video billboards or billboards that otherwise give the illusion of video or moving images;
(f)
Billboards with sound;
(g)
Billboards with pyrotechnics;
(h)
Billboards which by reason of position, wording, illustration, size, shape or color obstruct, impair, obscure, interfere with the view of, or may be confused with any traffic control signal or device or which may otherwise obstruct or interfere with traffic.
(7)
Limitations on number of billboards. There shall be no more than one billboard, double-sided, in the Route 3 Corridor Sign Overlay District.
(8)
A billboard may be double-sided. An individual billboard or billboard face shall not exceed 672 square feet in total area on each side and shall not exceed 14 feet in height by 48 feet in width, as calculated pursuant to these Zoning Bylaws;
(9)
A billboard shall be mounted on a pedestal or other support structure. The top of the billboard shall not exceed 50 feet in height from the elevation of the State Highway, Route 3 immediately adjacent thereto. The bottom of the billboard shall not exceed 70 feet in height from the normal grade as calculated pursuant to these Zoning Bylaws;
(10)
There shall be no billboard, including a roof billboard, on any building, whether erected or otherwise placed or painted on the building;
(11)
No billboard shall be on or otherwise attached to a tree, utility pole, fence or rock;
(12)
Lighting or other illumination related to the proposed billboard shall not project, glare or negatively impact abutting properties and shall not shine onto abutting roadways;
(13)
The Applicant shall provide a ten-foot wide landscaped buffer around the base of the support structure to minimize its visual impact.
F.
Criteria for approval: The Zoning Board of Appeals shall not approve any applications for a special permit under this section unless it finds that all of the following conditions are met and/or are incorporated into any special permit decision:
(1)
The specific site is an appropriate location for the proposed billboard and the design and layout complies with the standards and requirements set forth in this bylaw;
(2)
The proposed billboard will not adversely affect the abutting neighborhood or have the effect of causing a hazard to motorists;
(3)
Any special permit decision shall require compliance with requirements relating to the provision and maintenance of insurance;
(4)
Any special permit decision shall require billboards to have their permit numbers on them;
(5)
Any special permit decision shall require compliance with maintenance and inspection requirements;
(6)
All permits are subject to any necessary approvals, restrictions and conditions required and/or issued by the Commonwealth of Massachusetts and/or the federal Government;
(7)
The Zoning Board, in granting the special permit, shall attach such additional conditions and safeguards as it deems necessary; and
(8)
There shall be in place a valid Host Community Agreement entered into by and between the Board of Selectmen governing the operation of the sign and/or to mitigate the impacts of the proposed billboard.
G.
Sign maintenance/removal:
(1)
All billboards and supporting structures shall be kept in good repair and free from tear, rust, and other indices of deterioration.
(2)
If a billboard permitted under this section is abandoned, discontinued, blank, or is in disrepair for a period of 90 days, it shall be cause for its removal. (For purposes of this section, a billboard is "blank" if: (i) there is no advertising copy paid for by a person other than the billboard owner or advertising an interest other than the rental of the for said ninety-day period; (ii) it advertises a business or service, enterprise or activity that is no longer operating or being offered or conducted; or (iii) the advertising message it displays becomes illegible in whole or substantial part.) The Building Commissioner shall notify the owner and/or manager of the billboard and property owner in writing, specifying a forty-five-day period to remove or repair. If the billboard has not been removed or repaired within the time period to the satisfaction of the Building Commissioner, the Building Commissioner may revoke the billboard permit and cause the billboard to be removed forthwith. All expenses for the removal shall be borne by the billboard owner and/or property owner as determined by the Building Commissioner.
(3)
If the Building Commissioner determines that a billboard is an immediate threat to public safety irrespective of any stays granted to the billboard and/or property owner, the Building Commissioner may cause any billboard, abandoned or not, and any portion of its support structure if deemed part of the public threat, to be immediately removed, and/or the threatened public area cordoned off. All expenses for protecting the public, including the removal of said billboard or stabilization of the public safety threat, shall be borne by the billboard owner and/or property owner as determined by the Building Commissioner. A billboard which is not abandoned may be returned to its original position, but only after repairs have been made and the public safety threat abated, to the satisfaction of the Building Commissioner.
H.
Surety: The applicant shall provide a financial surety to the Town which will cover the full cost of the removal of any billboard which is found to be abandoned, discontinued, blank or is in disrepair. The Applicant shall deposit with the Town Accountant a surety in an amount which shall be determined by the Zoning Board of Appeals. Upon removal of the billboard, any remaining funds shall be returned to the applicant without interest.
I.
Nothing in this section shall be applicable to on-premises signs, also known as accessory signs.
§ 415-21.4 Webster Street Parking Overlay District (WSPOD).
[Added 5-6-2019 ATM by Art. 64]
A.
Purpose. The purpose of this section is:
B.
Overlay District. The WSPOD is an overlay district superimposed on all underlying zoning districts. The Zoning Bylaw governing the underlying zoning district(s) shall remain in full force and effect except as provided herein. The WSPOD shall lie within the R-4 zoning district and include only Webster Street between Union Street and Liberty Square, as indicated in the plan annexed as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
C. WEBSTER STREET PARKING (WSP)
Definitions.
Shall be parking which supports businesses within the WSPOD with the intention of removing parked vehicles from the WSPOD and to make it safer for members of the public to use the public way within the WSPOD.
D.
Special permit. The Planning Board ("Board") shall be the special permit granting authority for within the WSPOD.
E.
General design guidelines. To be eligible for a special permit, the applicant shall meet all of the following design guidelines and standards.
(1)
Proximity to business area. A WSP shall be located in and support of the uses set out in § 415-11 within the WSPOD.
(2)
Setbacks. All WSP in WSPOD shall be set back a minimum of 20 feet from perimeter property lines.
(3)
Buffer plantings. The Board shall require landscaping in the required setback to ensure that the WSPOD is properly screened from commercial and residential district.
F.
Application process. The special permit application shall contain a plan consistent with the requirements of § 415-89.
G.
Decision. In addition to the criteria set forth in § 415-89 of this Bylaw, the Board shall consider whether the proposed WSPOD promotes public safety and safe travel within the WSPOD.
H.
Change of plans after granting of special permit. Minor changes may be made to the approved plans with the consent of the Board, without requiring a public hearing. Major modifications or substantial changes shall require a new or amended special permit.
§ 415-21.5 Floodplain Overlay District.
[Added 9-13-2021 STM by Art. 3]
A.
Purpose. The purposes of this bylaw are to:
(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; and
(7)
Ensure that the Town of Rockland qualifies for participation in the National Flood Insurance Program.
B.
Applicability. The Floodplain Overlay District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Rockland designated as Zone A, AE, AH, AO, A99, V, or VE on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 3, 2024, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 3, 2024. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Department, Conservation Commission and Board of Selectmen. In the event any provisions of this bylaw are in conflict with requirements for any other districts, the more restrictive regulation shall take precedence.
[Amended 5-6-2024 ATM by Art. 45]
C.
Abrogation and conflicting bylaws. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
D.
Disclaimer of liability. The degree of flood protection required by this Floodplain Overlay District bylaw is considered reasonable but does not imply total flood protection.
E.
Severability. If any section, provision or portion of this Floodplain Overlay District bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
F. DEVELOPMENT FLOOD BOUNDARY AND FLOODWAY MAP FLOOD HAZARD BOUNDARY MAP (FHBM) FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION ZONES, FLOOD
Definitions. The following definitions shall apply in the Floodplain Overlay District:
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 the 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 aboveground, 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 floodplain 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 floodplain 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).
The community shall use the pertinent definitions for flood zones delineated within the community. All of these terms are defined in the US Code of Federal Regulations, Title 44, Part 64.3.
G.
Designation of community floodplain administrator. The Town of Rockland hereby designates the Building Commissioner/Zoning Enforcement Officer, or such other official as the Board of Selectmen shall appoint by written appointment filed with the Town Clerk, to be the official floodplain administrator for the Town of Rockland.
H.
Requirement to submit new technical data. If the Town of Rockland acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town of Rockland will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the changes. Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief 99 High Street, 6th Floor Boston, MA 02110 |
And copy of notification to: |
Massachusetts NFIP State Coordinator MA Department of Conservation and Recreation 251 Causeway Street Boston, MA 02114 |
I.
Variances to building code floodplain standards. The Town of Rockland will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. The Town of Rockland 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. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
J.
Variances to local zoning bylaws [related to community compliance with the National Flood Insurance Program (NFIP)]. The Zoning Board of Appeals may grant a variance modifying the performance standards in § 415-21.5K where the proposed use or structure meets the requirements set out by state law, and where the Zoning Board of Appeals finds that there is: 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.
K.
Permits are required for all proposed development in the Floodplain Overlay District.
(1)
The Town of Rockland requires a 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, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The Town of Rockland Building Department 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 permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.
(2)
Application for floodplain permit. Applications for floodplain permits shall be made to the Building Commissioner/Zoning Enforcement Officer except where indicated below. Applications shall contain:
(a)
Elevation in relation to mean sea level of the lowest floor (including basements or cellars) of all existing and proposed structures.
(b)
Elevation in relation to mean sea level of existing and proposed floodproofing.
(c)
Signed statement by a registered professional engineer or architect that the requirements of this bylaw have been met. (Note: The above-referenced requirements may be met through submission of a FEMA elevation certificate.)
(d)
Plans for any breakaway walls to be used to enclose space below the base flood elevation (in V Zones).
(e)
Description of topographic alterations, including existing and proposed grades and a delineation of the special flood hazard area boundary line.
(f)
Site plan certified by a registered land surveyor showing all existing and proposed natural and constructed features on the property. The site plan shall include a notation of the special flood hazard area designation for all existing and proposed structures.
(g)
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within Zone A, where such data is not provided on the FIRM.
(3)
Standards for areas of special flood hazard. All permits granted under this bylaw above shall be subject to the following provisions:
(a)
All development and redevelopment, whether permitted by right or by special permit, shall be in accordance with the standards of the Massachusetts State Building Code, the Wetlands Protection Act (MGL c. 131, § 40) and regulations (310 CMR 10.00, 310 CMR 13.00, and 310 CMR 12.00), septic system regulations (310 CMR 15, Title 5), and all other applicable federal, state and local requirements. Any variance from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
(b)
No alteration of topography shall be permitted where it may result in increased runoff or drainage to the detriment of other property owners or the Town.
(c)
Certification by a registered professional engineer or architect for all floodproofing measures shall be required.
(d)
Storage of fuel oil or toxic or hazardous materials below the base flood elevation shall be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths must be provided around structures on slopes to guide floodwaters around and away from proposed structures.
(5)
Uses that are encouraged. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged, provided they are permitted in the underlying zoning district and they do not require structures, fill, or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play areas, etc.
(d)
Conservation of water, plants, wildlife.
(e)
Wildlife management areas, foot, bicycle, and/or horse paths.
(f)
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
L.
Subdivision proposals. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:
M.
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.
N.
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.
O.
Floodway encroachment. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zone AE, along watercourses that have a regulatory floodway designated on the FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[Amended 5-6-2024 ATM by Art. 46]
P.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation |
251 Causeway Street, 8th Floor |
Boston, MA 02114 |
(3)
NFIP Program Specialist
Federal Emergency Management Agency, Region I |
99 High Street, 6th Floor |
Boston, MA 02110 |
Q.
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.
R.
Recreational vehicles. In A, AH and AE 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.
[Amended 5-6-2024 ATM by Art. 47]
§ 415-21.6 MBTA Communities Mixed-Use Development District.
[Added 5-6-2024 ATM by Art. 44]
A.
Purposes. The purpose of the MBTA Communities Mixed-Use Development District (MUDD) is to allow a mix of compatible residential and commercial uses in North Rockland with adequate facilities and services to support growth, and to address the following objectives:
(1)
Comply with the MBTA Communities Law, MGL c. 40A, § 3A, and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC);
(2)
Encourage new investment in residential and nonresidential development in Rockland;
(3)
Provide for a mix of housing sizes and types and a mix of uses along Hingham Street to create a walkable, safe environment for living and working, and to provide amenities for residents of the district and the Town as a whole;
(4)
Encourage high-quality land planning and building and site design to enhance the Town's visual character and identity;
(5)
Create affordable housing through means other than Chapter 40B comprehensive permits; and
(6)
Increase the Town's tax base.
C. BREW PUB CULTURAL CENTER EOHLC MIXED-USE DEVELOPMENT MULTI-FAMILY HOUSING PARKING, STRUCTURED SMALL-SCALE GROCER
Definitions. As used in this § 415-21.6, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth herein or Article II, this § 415-21.6 shall control.
A restaurant selling beverages brewed on the premises in conjunction with food services.
A private non-profit facility providing for display, performance, or enjoyment of heritage, history, or the arts, including but not limited to a museum, an art gallery, an arts performance venue, or interpretive site.
The Massachusetts Executive Office of Housing and Livable Communities.
A building containing a mix of residential uses and nonresidential uses, subject to the provisions of Subsection I below.
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.
As defined in § 415-21.2B, except in the MUDD, the maximum floor area shall be 15,000 square feet.
D.
Permitted Principal Uses.
(2)
Commercial Uses.
(a)
Artisanal market, artisan/makers hall, or market/food hall.
(b)
Arts and crafts studio or workshop.
(c)
Bank.
(d)
Business or professional office.
(e)
Childcare center.
(f)
Community facility.
(g)
Cultural center.
(h)
Farmers' market.
(i)
Medical, dental, or veterinary office.
(j)
Municipal use.
(k)
Personal service establishment.
(l)
Pet service including pet daycare or grooming, but not including overnight lodging.
(m)
Restaurant, with or without service of alcoholic beverages; or cafe, coffee shop, or walk-in fast food service such as a deli.
(n)
Retail store.
(o)
Supermarket, specialty food store, small-scale grocery store.
E.
Permitted accessory uses.
F.
Uses allowed by special permit. The Planning Board may grant a special permit for any of the following uses.
(1)
Commercial uses.
(a)
Body art establishment, including but not limited to tattoo and body piercing parlors.
(b)
Brew pub, brewery, winery, distillery, which may include beer garden, indoor and outdoor tasting areas, food and beverage.
(c)
Car sharing service, provided the development includes a shared pick-up and drop-off location.
(d)
Commercial kitchen.
(e)
Commercial recreational facility (indoor or outdoor), such as specialty fitness facility, health club, bowling establishment, skating rink, sports arena, dance hall, and similar place of amusement and assembly.
(f)
Community facility.
(g)
Hotel or motel.
(h)
Movie theater.
(i)
Nursery, greenhouse, garden center not otherwise exempt under MGL c. 40A, § 3.
(j)
Open air theater.
(k)
Shopping center.
(l)
Sports center or athletic facility.
G.
Prohibited uses. Any use not permitted or allowed by special permit in this § 415-21.6 is expressly prohibited.
H.
Density and dimensional regulations. Notwithstanding anything to the contrary in this bylaw, development in the MUDD shall comply with the following density and dimensional requirements.
Requirement | |
|---|---|
Minimum lot area (square feet) | 20,000 |
Minimum required upland (square feet) | 10,000 |
Maximum building average % of lot | 50 |
Maximum building height | |
Stories (maximum) | 4 |
Feet (maximum) (linear feet) | 48 |
Minimum building height | |
Stories of habitable space | 2 |
Feet (linear feet) | 30 |
Minimum frontage (linear feet) | 110 |
Minimum lot width (linear feet) | 110 |
Minimum required setbacks (linear feet): | |
Front | 25 |
Side | 15 |
Rear | 10 |
Maximum units per acre | 18 |
(1)
Exceptions.
(a)
Vertical projections or roof structures that house elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, or to fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio or television masts, silos, energy generation and conservation apparatus, or roof decks, or similar unoccupied features, may be erected above the height limits in this § 415-21.6 provided the structures are in no way used for living purposes, are effectively shielded from view, do not constitute more than 25% of the ground floor area of the building and do not exceed 12 feet.
(b)
The Planning Board may waive the minimum side setback for a project in which residential, mixed-use, or nonresidential buildings are divided by a zero lot line.
(2)
More than one residential or accessory building or structure shall be allowed on a lot in the MUDD. The minimum separation between buildings on a lot shall comply with the State Building Code and Massachusetts Fire Code. In the absence of a specific code requirement, the minimum separation shall be as determined by the Fire Chief.
I.
Affordable housing. Any residential or mixed-use development in the MUDD shall provide affordable units in accordance § 415-21.2F except as follows.
(1)
In any multi-family development resulting in a net increase of 10 or more dwelling units on any parcel or contiguous parcels comprising a proposed development site, at least 10% of the dwelling units shall be affordable units. Fractions shall be rounded down to the next whole number.
(2)
Developments shall not be segmented to avoid compliance with this § 415-21.6. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of 10 or more lots or dwelling units above the number existing 36 months earlier on any parcel or set of contiguous parcels held in common ownership on or after the effective date of this § 415-21.6.
(3)
All the affordable units required in a proposed development shall be located within the development site ("on-site units").
(4)
All affordable units created under this § 415-21.6 shall be subject to an affordable housing restriction approved by the Planning Board, Town Counsel, and the Executive Office of Housing and Livable Communities (EOHLC). The restriction shall run with the land in perpetuity under MGL c. 184, §§ 31 through 33, and shall be recorded with the Plymouth County Registry of Deeds or Registry District of the Land Court prior to issuance of a building permit.
(5)
The affordable housing restriction shall be a condition of zoning compliance and shall be incorporated within the Planning Board's MUDD site plan approval decision.
J.
Mixed-use development. An as-of-right mixed-use development in the MUDD may include multi-family housing together with any of the following nonresidential uses:
(1)
Arts and crafts studios and workshops.
(2)
Bank.
(3)
Business or professional office.
(4)
Community facility.
(5)
Medical or dental office.
(6)
Personal service establishment.
(7)
Restaurant, with service of alcoholic beverages, or with no service of alcoholic beverages, or a cafe or walk-in fast-food service.
(8)
Retail.
(9)
Small-scale grocer or specialty food store.
K.
MUDD Procedures.
(1)
Development of permitted uses within the MUDD shall be subject to MUDD site plan approval by the Planning Board and shall not be subject to site plan review under Article VIII. Where a special permit is required, the Planning Board shall be the special permit granting authority.
(2)
Submission requirements and procedures for MUDD site plan approval shall be in accordance with the Planning Board's MUDD Rules and Regulations. Application for a special permit shall be in accordance with § 415-89.
(3)
The MUDD review and approval process shall follow the procedures under § 415-21.2, Subsections J and K, except as may be modified under this § 415-21.6. The provisions of § 415-21.2J(3) shall not apply in the MMUD.
(4)
Decision criteria. The Planning Board shall approve a proposed development in the MUDD where it finds that:
(a)
The applicant has submitted the required fees and filing information as set forth in the Planning Board's MUDD Rules and Regulations;
(b)
The proposed development addresses the purposes and meets the requirements of this § 415-21.6, considering:
[1]
The proposed placement of buildings;
[2]
Surface and ground water drainage and erosion control;
[3]
Protection against flooding and inundation;
[4]
Prevention of water and pollution and environmental damage;
[5]
Provision for adequate utility services;
[6]
Provisions of off-street parking and loading;
[7]
Location of intersections of driveways and streets;
[8]
The effect of additional traffic created by the development on intersections and streets likely to be affected by the proposed development;
[9]
Provision for pedestrian/bicycle accessways connecting to adjacent open space, neighborhoods, schools, recreation areas or transportation facilities and for alternative transit programs;
[10]
Provisions for landscaping and adequate screening and buffering; and
(c)
Any potential adverse impacts of the development on nearby properties, as determined by the Planning Board, can be adequately mitigated.
(5)
Criteria for conditional approval. The Planning Board may impose reasonable conditions on a development in the MUDD as necessary to ensure compliance with the requirements of this § 415-21.6, or to mitigate any extraordinary adverse impacts of the development on nearby properties, provided that the Board's conditions do not unduly restrict opportunities for housing development by adding unreasonable costs or by unreasonably impairing the economic feasibility of a proposed development.
(6)
Time limit. MUDD site plan approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within three years after the Planning Board issues the decision, excluding time required to adjudicate any appeal from the Planning Board's decision. The time for commencing construction shall also be extended if the applicant is actively pursuing other required permits for the project, or if there is good cause for the applicant's failure to commence construction, or as may be provided in an approval for a multi-phase development under this §§ 415-21.6.
L.
Site development standards.
(2)
Setbacks and buffering. No use other than landscaping, sidewalks, multi-use paths, street furniture, seating, or amenities such as a courtyard, square, raised terrace, recessed entrance, sidewalk, multi-use path, or facade offsets, or outdoor dining and permitted signs shall be permitted in the front yard of any lot unless waived by the Planning Board.
(a)
Rooftop mechanicals.
(3)
Sidewalks, internal walkways, and landscaping.
(a)
Sidewalks shall be separated from the road with a three-foot-wide landscaped buffer to protect pedestrians and create a pleasing environment unless pre-existing conditions make it infeasible or where state jurisdiction supersedes local control. The landscaped buffer shall consist of shade trees placed at appropriate intervals and other landscaping, and street design elements such as benches, shrubs, or grass. Landscaping shall be organized in clusters of plantings rather than in a rigid line along the front of the lot.
(b)
All developments shall provide accessible walkways connecting building entrances to building entrances, buildings to streets, and buildings to sidewalks and adjacent public features, such as parks and playgrounds, with minimal interruption by driveways.
(c)
Parking lot aisles and access and interior driveways shall not count as walkways. The Planning Board may require benches, waiting areas, bicycle racks, stroller bays, and other sheltered spaces near building entrances.
(d)
To the maximum extent possible, walkways should have some degree of shelter achieved through the use of building fronts, trees, low hedges, arcades, trellised walks, or other means to delimit the pedestrian space.
(e)
Site landscaping shall not block a driver's view of oncoming traffic.
(f)
Compliance with these standards shall be demonstrated in site circulation and landscaping plans submitted with the MUDD site plan approval application.
(4)
Off-street parking. Development in the MUDD shall comply with § 415-35 and the following additional provisions. Any conflict between § 415-35 and this § 415-21.6 shall be resolved in favor of this § 415-21.6.
(a)
The minimum number of off-street parking spaces for residential uses shall be as follows:
(b)
The minimum number of off-street parking spaces for nonresidential uses shall be as follows:
[1]
Retail, bank, professional or business office: three spaces per 1,000 square feet. Total retail parking may not exceed 120% of the minimum.
[2]
Medical office: five spaces per 1,000 square feet.
[3]
Restaurant, other food service use: six spaces per 1,000 square feet.
[4]
All other uses: three spaces per 1,000 square feet or as determined by the Building Inspector.
(c)
Shared parking. The Planning Board may approve an applicant's request to reduce the total number of required parking spaces within a development by authorizing shared parking by uses whose peak demand occurs at different times of day, as determined by the Board. Required spaces shall be within 400 feet in actual travel distance of the main entrance to the principal buildings served by shared parking.
(d)
Surface parking shall be located to the rear or side of the principal building and shall not be located not within the minimum setback between the building and any lot line adjacent to the street or internal access drive. No surface parking shall be located between the front building line of a residential building and the front lot line.
(e)
Structured parking in a separate parking garage shall be located at least 20 feet behind the front building line of a multi-family dwelling on the lot.
(f)
For structured parking that is located partially or entirely under a residential or mixed-use building, the vehicular entry to the parking area shall be subordinate in design and placement to the principal pedestrian entry into the building. For example, vehicle parking that is not underneath the building but is covered by it shall be effectively shielded from view from the street and sidewalks by any combination of the following methods: fence, trees, or building wall sufficiently articulated to avoid the appearance of a blank wall at the street level.
(5)
Bicycle racks shall be installed as part of each development. For multi-family developments with 10 or more units, the required number of rack spaces shall be at least 15% of the total number of residential units.
(6)
Buildings.
(a)
The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facades (front, side, and rear) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
(b)
Buildings adjacent to a principal access drive shall have a pedestrian entry facing that access drive. Blank walls adjacent to streets, alleys, or areas open to public view are prohibited.
(c)
Buildings forms shall be broken down or subdivided visually to reduce the sense of mass.
(d)
The functions within a building shall be evident from exterior architectural features. No building within a development may be more than 80 feet from the nearest adjacent building unless approved by the Planning Board or as may be required by the Fire Department.
(e)
Building entrances shall bring human scale to the facade through the use of such as canopies, storefronts, awnings, porches, stoops, or connectivity to sidewalks through landscaping, lighting, and other site design elements.
(7)
Shared outdoor space. Multi-family housing shall have common outdoor space that all residents can access. The outdoor space may be located in any combination of ground floor, courtyard, rooftop, or terrace.
(8)
Exterior lighting. Throughout the MUDD district, the goal of an exterior lighting plan shall be to light sidewalks and walkways, building entrances, and parking areas in a consistent, attractive, safe, and unobtrusive manner that minimizes off-site impacts. To this end, exterior lighting in the MUDD shall conform to the following standards and shall be in accordance with a lighting plan approved by the Planning Board.
(a)
Pedestrian lighting.
[1]
Pedestrian lighting shall complement the character, aesthetic appeal, and safety of a development and promote greater pedestrian activity.
[2]
Pedestrian lighting shall use consistent fixtures, source colors, and illumination levels. To prevent glare and light pollution, developments shall be equipped with downcast or full-cutoff fixtures.
[3]
When pedestrian lighting is used in conjunction with street lighting, the illumination provided by the former shall be distinguishable from the illumination provided by the latter to clearly define the pedestrian path of travel.
[4]
Placement of fixtures shall facilitate uniform light levels and work with the placement of sidewalks, landscaping, signage, building entries, and other features to contribute to the continuity of the streetscape. Where possible, the Planning Board prefers the use of a greater number of low fixtures in a well-organized pattern rather than fewer, taller fixtures.
(b)
Parking areas.
[1]
Within parking areas, there shall be a unified system that provides attractive lighting throughout the lot.
[2]
Fixtures shall minimize spill light and glare onto adjacent properties. Fixtures adjacent to residential districts shall direct the light away from residential properties and limit off-site light levels.
[3]
Lighting shall complement the lighting of adjacent streets and properties and shall use consistent fixtures, source colors, and illumination levels. When adjacent to walkways, parking area lighting shall not overpower the quality of pedestrian area lighting.
(9)
Waivers. Upon the request of the applicant, the Planning Board may waive by majority vote the requirements of this Subsection L in the interests of design flexibility and overall project quality, and upon a finding that the proposed variation is consistent with the overall purpose and objectives of the MUDD.
M.
Planning Board MUDD Rules and Regulations. The Planning Board shall adopt reasonable administrative MUDD Rules and Regulations to implement this § 415-21.6. The Rules and Regulations shall prescribe the form and contents of a complete application for MUDD site plan approval, including filing fees and technical review fees under MGL c. 44, § 53G, as well as any plans, specifications, and reports required for the applicant to demonstrate § 415-21.6 compliance and compliance with any other applicable provisions of this bylaw. The Rules and Regulations shall be on file with the Town Clerk and Director of Planning and Development.
N.
Appeals. Any person aggrieved by the Planning Board's decision may appeal to the Superior Court, the Land Court, or other court of competent jurisdiction within 20 days after the MUDD site plan approval decision has been filed with the Town Clerk.
O.
Modifications to approved site plans.
(1)
Minor change. After MUDD site plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout of the site, or provision of open space, number of housing units, or affordable housing. A change of 5% or less in the number of housing units in a development shall constitute a minor change. Minor changes must be submitted to the Planning Board in accordance with the Planning Board's MUDD Rules and Regulations and shall include redlined prints of the approved plan. The Planning Board may authorize the proposed changes at any regularly scheduled meeting without the need to hold a public hearing. The Planning Board shall issue a written decision to approve or deny the minor changes and provide a copy to the applicant for filing with the Town Clerk.
(2)
Major change. Changes deemed by the Planning Board to constitute a major change in an approved development because of the nature of the change or because the change cannot be appropriately characterized as a minor change under Subsection O(1) above shall be processed by the Planning Board as a new application for MUDD site plan approval under § 415-21.6.
P.
Design guidelines. The Planning Board may adopt advisory design guidelines for development in the Mixed-Use Development District and shall file a copy with the Town Clerk. The guidelines are not mandatory, but the Planning Board may consider them in reviewing an application under this § 415-21.6 and may ask the applicant for plan modifications to better incorporate one or more components of the guidelines. In the event of any conflict between § 415-21.6 and the design guidelines, § 415-21.6 shall control.