Sharon City Zoning Code
SECTION 9
0 Special District Regulations
§ 9.1.1 Overlay District.
The Floodplain District is herein established as an overlay district superimposed over all other districts. Any development within the FPOD shall be subject to all otherwise applicable requirements of the underlying zoning district in which it is located, including usual use and dimensional requirements. Where the FPOD imposes greater or lesser restrictions or requirements than those of other applicable bylaws or regulations, the more restrictive shall apply.
§ 9.1.2 Location.
The FPOD includes all special flood hazard areas within the Town of Sharon designated as Zones A and AE on the Norfolk County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program. The map panels of the Norfolk County FIRM that are wholly or partially within the Town of Sharon are Panel Numbers 25021C0187E, 25021C0188E, 25021C0189E, 25021C0191E, 25021C0193E, 25021C0194E, 25021C0351E, 25021C0352E, 25021C0353E, 25021C0354E, 25021C0356E, 25021C0357E, 25021C0358E, 25021C0359E, and 25021C0366E, dated July 17, 2012. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 17, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Engineering Division of the Department of Public Works.
§ 9.1.3 Base flood elevation.
The base flood elevation shall be the level of flooding having a 1% chance of being equaled or exceeded in any given year, as designated on FEMA FIRMs. In the absence of such designation, the base flood elevation shall be determined by the Inspector of Buildings based upon the best available information regarding flood hazards, including any available United States Geological Survey, Natural Resources Conservation Service and Corps of Engineers studies, after seeking and obtaining the recommendation of the Town Engineer.
1.
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
§ 9.1.4 Floodway data.
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.
§ 9.1.5 Encroachments of proposed development.
Within the floodway designated on the FEMA Flood Insurance Rate Map, no encroachments (including fill, new construction, substantial improvements, or other development) shall be allowed unless it is demonstrated by the applicant that, as a consequence of compensating actions he is undertaking, his proposed development will not result in any increase in flood levels within the Town during a flood to the base flood elevation.
§ 9.1.6 Reference to existing state regulations.
All development in the FPOD, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:
1.
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high-hazard areas;
2.
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
3.
Adopting Inland Wetland Orders, DEP (currently 310 CMR 13.00);
4.
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15.500 et seq.);
5.
Any variances 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.
§ 9.1.7 Special permit.
The Zoning Board of Appeals may grant a special permit to waive the requirements of § 9.1.5 above. Such special permit may be granted only in the case of structures such as boat houses which require waterfront location and are not continuously used for human occupancy, or in the case of development on a lot of less than 1/2 acre which is surrounded by existing nonconforming structures, in either case provided that all of the following are shown:
1.
Good and sufficient cause;
2.
Failure to allow the departure would result in exceptional hardship to the applicant;
3.
Allowing the departure will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other bylaws or regulations;
4.
The departure is the minimum necessary, considering the flood hazard, to afford relief.
5.
A waiver may also be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places.
§ 9.1.8 Required notifications.
§ 9.2.1 Purpose.
The purpose of the Water Resource Protection District (WRPD) is to protect the public health by preventing degradation of groundwater that serves as a source or a potential source of the Town's public water supply. The purpose of the Surface Water Protection District is also to protect the aesthetics, health and public enjoyment of the Town's surface water bodies by preventing degradation of these bodies.
Recognizing the dangers of potential contamination from sewage and chemicals, the Town has used the best available information, including the IEP "Aquifer Protection Study, Town of Sharon, 1987," USGS data and other information, to determine the boundaries of this district and to formulate the regulations contained in this bylaw.
§ 9.2.2 Applicability.
Water Resource Protection Districts shall be considered to be superimposed over any other district established in this bylaw. Land in a Water Resource Protection District may be used for any purpose as otherwise permitted in the underlying district, unless prohibited by and in any event subject to the following additional restrictions.
1.
Land in either the Groundwater Resource Protection District or the Surface Water Resource Protection District shall be deemed to be in the Water Resources Protection District. The Surface Water Resource Protection District and the Groundwater Resource Protection District shall be as shown on the Zoning Map.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
2.
Where the premises are partially outside of the Water Resource Protection District, site design shall, to the degree feasible, locate such potential pollution sources as on-site disposal systems outside of the district.
3.
Within Water Resource Protection Districts, that portion of the land which is in the more restrictive zone shall be governed by the use and dimensional requirements of the more restrictive zone.
§ 9.2.3 Special permits for insensitive locations.
§ 9.2.4 Prohibited uses and activities.
Within the Water Resource Protection Districts, the following uses and activities are specifically prohibited:
1.
Sanitary landfill or other disposal of solid waste.
2.
Motor vehicle salvage operations and junkyards.
3.
Municipal sewage treatment facilities (publicly owned treatment works), not including sewer lines, force mains, pump stations and other accessory sewer system equipment used to transport sewage.
4.
Sewage treatment plants, except as follows: In Business District D on-site wastewater treatment is permitted, provided that it is authorized by a groundwater discharge permit and a treatment works construction permit as set forth in § 6.2.4 and provided that the wastewater treatment plant does not accept industrial wastewater as defined in 310 CMR 15.004(5) or wastewater from a Health Care Center, hospice, or renal dialysis facility unless the Massachusetts Department of Environmental Protection or the Sharon Board of Health determines that the that the wastewater's constituents are substantially similar to sanitary sewage (310 CMR 15.002) and that adequate funding mechanisms are in place to provide for proper operation and maintenance and for monitoring and testing.
5.
Sewage treatment plants, except as follows: In the Light Industrial District, on-site wastewater treatment for domestic wastewater and/or industrial wastewater, as defined in 310 CMR 15.004(5), may be permitted, provided that it is authorized by a groundwater discharge permit, a sewer extension permit, a sewer connection permit and/or other applicable permits from the Massachusetts Department of Environmental Protection and a treatment works construction permit and/or other applicable permits from the Sharon Board of Health, and further provided that adequate funding mechanisms are in place to provide for proper operation and maintenance and for and testing.
6.
Commercial car washes.
7.
Outdoor storage of road salt or other deicing chemicals.
8.
Any underground fuel storage or other storage tanks or collection pits, including any tanks or collection pits partially below mean ground elevation; except as provided for in § 9.2.5.
9.
Dumping of snow from outside the district.
10.
Commercial dry cleaning establishments.
11.
Commercial self-service laundries, unless connected to public sewerage.
12.
Commercial service and repair of airplanes, boats and motor vehicles, including body shops.
13.
Storage and/or sale of petroleum or other refined petroleum products, except within a building which it will heat; except in quantities reasonably associated with normal household use; and except as provided for in § 9.2.5.
14.
Commercial plating, finishing or polishing of metals.
15.
Chemical and bacteriological laboratories.
16.
Storage of herbicides, pesticides or fertilizer, other than in amounts normally associated with household or agricultural uses.
17.
The following activities if done commercially: cabinet or furniture making, painting, wood preserving, furniture stripping and refinishing, photographic processing and printing.
18.
Electronic circuit assembly.
19.
Hotels, except that hotels located in Business District D and hotels located in any district that are connected to public sewerage are not prohibited.
§ 9.2.5 Special permit uses.
Within the Water Resource Protection Districts, the following uses are prohibited unless a special permit is granted by the Zoning Board of Appeals:
1.
Any activity that involves the use, manufacture, storage, transportation or disposal of toxic or hazardous materials in quantities greater than reasonably associated with normal household use; provided, however, that in Business District D, the storage of hazardous materials in sealed containers of five gallons or less normally included in the inventory of retail stores, if authorized by all other provisions of this bylaw, shall not require a special permit.
2.
The enclosed storage of road salt or other deicing chemicals.
3.
Modification of groundwater flow through use of underdrains or similar devices, except that a special permit shall not be required to maintain, modify or expand single-family residential structures lawfully in existence on April 19, 1983.
4.
In Business District D, the following: 1) retail sale of gasoline and diesel fuel accessory to retail stores; 2) storage of gasoline and diesel fuel accessory to retail stores in the following. Said storage tanks shall comply with Article XX; Town of Sharon, MA, Code Division 1: Bylaws, Part II: General Legislation, § 160-5D.
§ 9.2.6 Minimum lot area.
The minimum lot area within any Water Resources Protection District shall be the greater of the lot area otherwise required in the underlying zoning district or as follows:
District | Minimum Lot Area (Square Feet) |
|---|---|
Surface Water Resource Protection | 80,000 |
Groundwater Resource Protection | 60,000 |
§ 9.2.7 Stormwater management.
Site design shall comply with the provisions of the Stormwater Discharges Generated by Construction Activity General Bylaw of the Town, Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges, and further shall comply with all provisions of the Massachusetts Department of Environmental Protection's Stormwater Management Policy (November 18, 1996, minor revisions March 1997), whether or not the site is otherwise subject to the Massachusetts Wetlands Protection Act (MGL c. 131, § 40). Site design shall result in no increase in the peak rate of stormwater runoff for the ten-year-frequency storm event. Site design shall result in no increase in the total volume of stormwater runoff for the one-year-frequency storm event. Following removal of contaminants, runoff shall be directed towards areas covered with vegetation for surface infiltration. Catch basins, storm drains, and stormwater leaching structures shall be used only where other methods are infeasible and, where such devices are used, shall employ oil/particle separators and other anti-pollution devices and stormwater retention/detention basins. Prior to discharge to vegetated surface infiltration areas or to stormwater leaching structures, stormwater shall be treated to remove 80% of the total suspended solids (TSS) and shall also be treated in a structure to remove petroleum-based contaminants. All sites shall be subject to an operation and maintenance plan using best management practices pursuant to Massachusetts Department of Environmental Protection practice. The operation and maintenance plan requires an adequate funding mechanism to ensure proper maintenance of all components of the stormwater management system in perpetuity. To the extent practicable, the operation and maintenance plan shall prohibit use of sodium chloride for maintenance of vehicular areas.
§ 9.2.8 Impervious materials coverage.
Except by special permit from the Zoning Board of Appeals, impervious materials shall not cover more than 15% of the lot area and not less than 30% of the lot area in Business District D and not less than 40% of the lot area in all other districts shall be maintained as a natural vegetation area. In evaluating a special permit for an increase in impervious areas above this limit, consideration shall be limited to a determination that any increase in the total volume of stormwater runoff for the one-year-frequency storm event will be recharged on site in compliance with § 9.2.7.
1.
The natural vegetation area shall be located so as to maximize the distances between impervious surfaces or on-site disposal systems and any surface water body or municipal well. This provision shall not apply to the proposed activities involving residential structures of four families or less or uses or structures accessory thereto, nor shall it apply to any otherwise permissible use on a lot of 40,000 square feet or less.
2.
Large-scale ground-mounted solar photovoltaic installations are excluded from impervious area limitations as defined in Section 4.0.
§ 9.2.9 Special permit granting authority.
The special permit granting authority (SPGA) under this section shall be the Zoning Board of Appeals. Such special permit shall be granted if the Zoning Board of Appeals determines, after opportunity for review and recommendation by other Town agencies as specified in § 9.2.11, that the intent of this bylaw as well as its specific criteria are met. In making such determination, the Zoning Board of Appeals shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality posed by potential failure of any proposed control measures.
1.
Review by other town agencies. At the time of submission of the special permit application, the applicant shall simultaneously transmit copies to the Planning Board, the Conservation Commission, the Department of Public Works, the Board of Health and any other Town agencies/boards or departments as may be required by the Zoning Board of Appeals for their written recommendations. Failure to respond in writing within 45 days shall indicate approval or lack of desire to comment by said agency.
§ 9.2.10 Special permit submittals.
All applications for special permits shall include:
1.
Certification by a registered professional engineer, whose expertise is in hydrogeology and who has been engaged by the Town, at the applicant's expense, that the proposed use will not have a significant adverse impact upon water resources. The applicant will be informed of the cost of professional engineering services in advance. The Town shall not, however, be responsible for any acts, errors or omissions by said engineer; and furthermore, the applicant shall indemnify and defend the Town from any acts, errors or omissions by said engineer.
2.
Water elevations and logs of borings driven to a minimum depth of 25 feet or refusal. At least two borings per acre at the location are required, which shall be arranged to identify the direction and depth of groundwater flow.
3.
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 all storage containers/facilities from vandalism, corrosion and leakage and to provide for control of spills.
4.
A description of any potentially toxic or hazardous waste to be generated and evidence of permits for its proper storage and disposal.
5.
Upon the request of the SPGA, a list of measures that the applicant will take to ensure compliance with the conditions imposed by the special permit, including, but not limited to, the circumstances under which the SPGA, its designees or a professional consultant engaged to inspect or monitor these conditions, and a monitoring or inspection schedule.
6.
All submittals shall be reviewed by the Town Engineer in accordance with this bylaw, the Stormwater Discharges Generated by Construction Activity General Bylaw, Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges, and any other relevant bylaw, and the Town Engineer shall submit his report to the Zoning Board of Appeals prior to the public hearing.
§ 9.2.11 Special permit submittals; applications for other than one single-family dwelling.
Applications for other than one single-family dwelling shall also include:
1.
Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste treatment or disposal system or any wastewater treatment over 15,000 gallons per day capacity.
2.
Projections of downgradient concentrations of nitrogen and other relevant chemicals (e.g., federal safe drinking water standard chemicals) at property boundaries and other locations deemed pertinent by the Zoning Board of Appeals. Projections shall be based upon appropriate groundwater models.
3.
The following criteria are to be used for nitrogen calculations for Groundwater and Surface Water Resources Protection Districts:
Wastewater per person | Five pounds of nitrogen per year |
Persons per dwelling unit | Three |
Lawn fertilizer | Three pounds of nitrogen per 1,000 square feet of lawn per year |
Road runoff | 0.19 pound of nitrogen per curb mile per day |
Background nitrogen concentration | Actual field measurements |
4.
The following criteria are to be used for groundwater flow and impacts to drinking water supply wells:
Identify probable impacted water supply well | By constructing flow line downgradient of the proposed site |
Area recharge rate | 16 inches per year for sand and gravel; nine inches per year for till |
Hydraulic conductivity | Listed from closest downgradient public supply well |
Saturated Thickness Map IEP (1987) | Supplemented with site-specific borings |
Groundwater gradient | Sharon Water Table Map (IEP, 1987), supplemented with site-specific measurements |
5.
Impervious areas. For any proposed activity on a lot that would render more than 15% of the total lot area impervious, the application or site plan shall contain evidence prepared by a registered professional engineer containing drainage calculations, utilizing U.S. Natural Resources Conservation Service methodology, demonstrating that any increase in the total volume of runoff shall be recharged on site and diverted towards areas with vegetation for surface infiltration to the maximum extent possible. The application or site plan accompanying such application shall be accompanied by a narrative statement explaining the use of dry wells, which shall be allowed only upon a showing that other methods are not feasible; all dry wells shall be preceded by oil, grease and space sediment traps to facilitate removal of contaminants.
6.
Maintenance of vegetative cover. For any use retaining less than 40% of lot area as a natural vegetative area, the application or site plan shall contain evidence including a narrative statement by a registered professional engineer certifying that such removal of vegetative cover will likely not result in decreased recharge of the groundwater deposit or increased sedimentation of surface waters. The application or site plan shall indicate any restoration proposals or erosion control measures proposed on the premises.
§ 9.2.12 Criteria for special permits for insensitive locations within Surface Water Resource Protection District.
Subject to the considerations listed in § 10.5.4, the Zoning Board of Appeals may grant a special permit to exempt a location within the Surface Water Resources Protection District from the requirement of this § 9.2 if the applicant demonstrates that the development or use sought will not adversely affect the groundwater because:
§ 9.2.13 Criteria for special permits for insensitive locations within Ground Water Resource Protection District.
Subject to the considerations listed in § 10.5.4, the Zoning Board of Appeals may grant a special permit to exempt a location within the Groundwater Resource Protection District from the requirement of this § 9.2 if the applicant demonstrates that the development or use sought will not adversely affect the groundwater because:
1.
The location is underlain by soils having a transmissivity of less than 10,000 gallons per day per square foot or the location is separated from the aquifer serving as an existing or potential source of public water supply by an aquaclude or groundwater divide; and
2.
Development at that location will have no significant adverse impact upon any developed or planned public water supply.
§ 9.2.14 No exemption.
A determination by the Zoning Board of Appeals to grant a special permit pursuant to §§ 9.2.13 or 9.2.14 shall not exempt the applicant from the provisions of the Stormwater Discharges Generated by Construction Activity General Bylaw of the Town, Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges.
§ 9.2.15 Criteria for special permits not covered by §§ 9.2.12 or 9.2.13.
1.
Subject to the conditions listed in § 10.5.4, a special permit for use or activity in a location within the Surface Water Resource Protection District may be granted only if the Zoning Board of Appeals determines, after opportunity for review and recommendation by other Town agencies as specified above, that the use of the location, including on-site waste disposal and other on-site operations, will not cause surface water quality at downgradient streams, ponds or lakes to fall below federal or state standards for Class B surface water as set forth in 314 CMR 4.00, Massachusetts Surface Water Quality Standards.
2.
Subject to the conditions listed in § 10.5.4, a special permit for a use or activity in a location within the Groundwater Resource Protection District may be granted only if the Zoning Board of Appeals determines, after opportunity for review and recommendation by other Town agencies as specified above, that groundwater quality will comply with USEPA rules and regulations implemented under the Clean Water Act and groundwater quality and on-site wastewater discharges will comply with the Massachusetts DEP groundwater discharge permit program (314 CMR 5.00).
3.
Subject to the conditions listed in § 10.5.4, and notwithstanding the provisions of Subsection 1 or 2, a special permit for a change, alteration or expansion of a single- or two-family residence to be issued by the Zoning Board of Appeals shall consider the following conditions of any special permit granted thereunder:
a.
Water-saving devices for all bathrooms;
b.
Organic-only fertilizers and weed killers;
c.
Leaders for roof gutters into dry wells;
d.
Upgrade of the existing subsurface sanitary disposal system;
e.
Annual pumping of the subsurface sanitary disposal system;
f.
No garbage disposers or disposals;
g.
And such other conditions as may be deemed appropriate.
§ 9.2.16 No exemption.
A determination by the Zoning Board of Appeals to grant a special permit pursuant to any part of § 9.2.15 shall not exempt the applicant from the provisions of the Stormwater Discharges Generated by Construction Activity General Bylaw of the Town, Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges.
§ 9.2.17 Violations.
Written notice of any violation of this § 9.2 shall be provided by the Inspector of Buildings to the owner of the premises, specifying the nature of the violation and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance.
§ 9.3.1 Purpose.
The purpose of this section is:
1.
To promote mixed-use development in accordance with the principles of "smart growth," which increases the availability of affordable housing, provides housing alternatives to meet local needs, promotes walkable neighborhoods, takes advantage of compact design, fosters distinctive and attractive village settings, preserves critical environmental assets, including drinking water supply quality and quantity, surface and groundwater quality and quantity, wetlands preservation and air quality, and supports economic revitalization in the Town Center and other commercial, transit-oriented locations.
2.
To provide additional planning flexibility for projects located in the Town Center and other commercial locations in Town with regard to density and site design, while remaining consistent with the Post Office Square Design Guidelines and water pollution control, water management, wetlands and other environmental and public health regulations and policies.
3.
To permit the use of new development standards which will promote the desired changes in the Town Center and other commercial, transit-oriented locations.
§ 9.3.2 Applicability.
The MUOD is hereby designated as including the Business A, Business B and Business C Districts, except those portions of the aforesaid Business Districts which are within the Surface or Groundwater Protection Districts. The MUOD shall not restrict owners' rights relative to the underlying zoning district. However, if an owner elects to use the MUOD for development purposes, all development shall conform to the regulations set forth in this section, as well as all other relevant provisions of the Sharon Zoning and General Bylaws.
§ 9.3.3 Uses.
Retail and business uses currently permitted in the Business A, Business B and Business C Districts, and residential apartments in the upper floors of structures, shall be permitted in the MUOD. Authorization for any uses within an MUOD development which would require a special permit under underlying zoning shall be obtained through the Planning Board. Residential apartments on the first floor of a structure which does not front on a public way shall be permitted only at the discretion of the Planning Board.
§ 9.3.4 Density.
The minimum density for MUOD developments shall be 20 units per acre, provided the development has access to or creates a shared system and treatment works as defined by 310 CMR 15.00. In the absence of a shared system and treatment works, the minimum density may be waived, subject to the special permit. The maximum number of units shall be limited by the more restrictive of the following factors: the number of full-sized parking spaces which could be provided and/or full compliance with the Board of Health and zoning wastewater management regulations, or Conservation Commission Wetlands Regulations.
§ 9.3.5 Wastewater.
A plan for the treatment of wastewater from a proposed development in the MUOD must be approved by the Board of Health in accordance with all applicable regulations.
§ 9.3.6 Height of structures.
All new construction in the MUOD shall neither exceed four stories nor a building height of 45 feet. Accessories and architectural features extending above the roofline may not exceed a height of 50 feet.
§ 9.3.7 Off-street parking regulations.
A minimum of one space per residential unit shall be provided, in addition to parking required for retail and business uses pursuant to § 6.1. With the approval of the Planning Board, up to 25% of the total number of residential parking spaces for a development located within a 1/2 mile of the train station may be used to meet the required parking for retail and business uses, and up to 50% of the total number of residential parking spaces for a development located more than 1/2 mile from the train station may be used to meet the required parking for retail and business uses, where it can be demonstrated that the hours of operation for retail and business uses at the development will be during daytime hours only.
1.
In order to provide for better site design, up to 25% of the total number of parking spaces may, at the discretion of the Planning Board, be allocated for compact cars with dimensions of eight feet by 18 feet. Such spaces shall be clearly designated for compact cars only. Compact spaces cannot be applied in calculating the density of residential units, but they may be used to meet minimum open space requirements and provide for between site design and stormwater drainage.
2.
Off-site parking may not be counted toward the requirements for residential units, but may be counted toward nonresidential parking requirements. Street parking, as with other publicly owned parking spaces within 400 feet of the site, may be counted toward the nonresidential parking requirements.
3.
Multi-level parking may be allowed, not to exceed two levels, if determined by the Planning Board to be appropriate. Such parking may be shared with others off-site, provided it is within 400 feet of the site and the Planning Board is provided with acceptable written proof.
§ 9.3.8 Minimum lot dimensions.
The minimum lot dimensions for all MUOD developments shall be as set forth below. All individual/separate lots in the proposed MUOD development, if under contiguous ownership, shall be considered as one lot for the purposes of this section.
§ 9.3.9 Open space.
The open space requirement for a development in the MUOD may be reduced to a minimum of 15% of the lot area if the development proposal includes the use of planting areas, porous paving surfaces and other techniques to ensure adequate drainage and filtering of stormwater.
§ 9.3.10 Affordable housing.
A minimum of 20% of housing units in a development in the MUOD must be affordable housing eligible for inclusion on the DHCD Subsidized Housing Inventory (SHI). The affordability of such units shall be assured in perpetuity through the use of an affordable housing restriction.
§ 9.3.11 Site plan review.
All projects developed using the MUOD shall be subject to the site plan review procedures of the Planning Board as provided in § 10.6, as well as the Town's Stormwater Discharges Generated by Construction Activity General Bylaw, Ch. 230, Stormwater Management, Art. II, Construction Activity Discharges.
1.
Projects undergoing extended design review shall be required to submit to the Planning Board the basic site plan contents and may be required to provide a study model at an appropriate scale and coverage as determined by the Planning Board.
2.
The elements highlighted in the Design Guidelines as enumerated in site plan review, including pathways connecting to adjacent sidewalks, parking areas, sitting areas, a plan for storage areas, lighting, shade trees and other landscaping, shall be provided for review by the Planning Board. Developers are encouraged to meet with the Planning Board to discuss their projects with respect to the Post Office Square Design Guidelines.
§ 9.3.12 SPGA.
The Planning Board shall be the special permit granting authority (SPGA) for MUOD developments, as well as the authority for site plan review. Authorization for any uses within an MUOD development which would require a special permit under underlying zoning shall also be obtained through the Planning Board. This section does not supersede the authority of the Conservation Commission or Board of Health over matters within their jurisdiction.
§ 9.4.1 Purpose.
The purpose of this section is to establish a Sharon Commons Smart Growth Overlay District and to encourage smart growth in accordance with the purposes of MGL c. 40R, and to foster a range of housing opportunities to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby transportation systems. Other objectives of this section are to:
1.
Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
2.
Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;
3.
Increase the production of a range of housing units to meet existing and anticipated housing needs;
4.
Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;
5.
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;
6.
Establish development standards to allow context-sensitive design and creative site planning;
7.
Enable the Town to receive zoning incentive payments and/or density bonus payments in accordance with MGL c. 40R, 760 CMR 59.06, and additional Chapter 70 aid in accordance with MGL c. 40S arising from the development of housing in the Sharon Commons Smart Growth Overlay District.
§ 9.4.2 Definitions.
See "Sharon Commons Smart Growth Overlay District" in Section 11.0 for definitions that apply in § 9.4.
§ 9.4.3 Overlay District.
1.
Establishment. The Sharon Commons Smart Growth Overlay District, hereinafter referred to as the "SCSGOD," is an overlay district having a land area of approximately 11.55 acres, being portions of Assessor's Map 47, Lot 37 and Assessor's Map 57, Lots 17, 18 and 21, that is superimposed over the underlying zoning district, as shown on the Zoning Map as set forth on the map entitled "Attachment 1-1: Locator Map," but only including Subzones A and B, and on the two maps entitled "Attachment 5-4: Smart Growth Zoning Map," all maps being dated September 23, 2008. These maps are hereby made a part of the Zoning Bylaw and are on file in the Office of the Town Clerk.
2.
Underlying zoning. The SCSGOD is an overlay district superimposed on all underlying zoning districts. Except as limited herein, the underlying zoning shall remain in full force and effect.
3.
Applicability of SCSGOD. In accordance with the provisions of MGL c. 40R and 760 CMR 59.00, an applicant for a project located within the SCSGOD may seek plan approval in accordance with the requirements of this section. In such case, then notwithstanding anything to the contrary in this Zoning Bylaw, such plan approval shall not be subject to any other provisions of this Zoning Bylaw, 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 building permit or dwelling unit limitations, including but not limited to any rate-of-development limitations provided in this bylaw. When a building permit is issued for any project approved in accordance with this § 9.4, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to this § 9.4 for such project.
§ 9.4.4 Affordable housing.
1.
Marketing plan. Prior to granting plan approval for housing within the SCSGOD, an applicant for such approval must submit 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. These documents in combination, to be submitted with an application for plan approval pursuant to this section, shall include details about construction related to the provision, within the project, of units that are accessible to the disabled. The marketing plan must be approved by DHCD prior to the issuance of a building permit for a Development project.
2.
Number of affordable housing units. For all projects, not less than 20% of the total housing units constructed in a project shall be affordable housing. For all projects where the affordable units proposed are rental units, not less than 25% of total housing units in any building containing rental units shall be affordable housing; provided, however, that 20% of such units may be affordable where restricted to households earning less than 50% of area median income. 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.
3.
Requirements. Affordable housing shall comply with the following requirements:
a.
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.
b.
For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' 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.
c.
Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.
d.
The SCSGOD shall not include the imposition of restrictions on age upon the entire district, but the development of specific projects within the SCSGOD may be 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 housing.
e.
At least 10% of the affordable housing units shall be handicapped-accessible.
4.
Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the development of which they are part and be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the affordable housing shall be at least proportionate to the total number of bedrooms in all the units in the development project of which the affordable housing is part.
5.
Affordable housing restriction. Each unit of affordable housing shall be subject to an affordable housing restriction which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and prior to such recording has been approved by DHCD. Such affordable housing restriction shall contain the following:
a.
Specification of the term of the affordable housing restriction, which shall be the maximum period allowed by law but not less than 99 years;
b.
The name and address of a 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 without specific unit identification;
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. If approved by DHCD, the housing marketing and selection plan may provide for preferences in resident selection for the affordable housing units. 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 or sublease of any unit of affordable housing 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 the Town, in a form approved by Municipal Counsel, and shall limit initial sale and all subsequent resales 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 the Town, 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;
l.
A requirement that residents in affordable housing provide such information as the monitoring agent may reasonably request in order to ensure affordability.
6.
Monitoring agent. A monitoring agent, which may be the local housing authority, or other qualified housing entity shall be designated by the PAA as the monitoring agent for all projects in the SCSGOD. In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the SCSGOD, 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 conforms to all requirements and is 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 recorded with the proper Registry of Deeds.
f.
Housing marketing and selection plan. The housing marketing and selection plan shall 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, as set forth herein.
7.
Phasing. The PAA, as a condition of any plan approval, may require a project to be phased in order to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, the PAA shall assure the required number of affordable housing units in the project. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No density bonus payment will be received by the Town until such proportionality has been achieved by the issuance of occupancy permits for the affordable housing units in the project.
8.
Computation. Prior to the granting of any plan approval of 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 the Town.
§ 9.4.5 Permitted and prohibited uses.
1.
As-of-right uses. The following uses shall be permitted as-of-right in the SCSGOD:
a.
Subzone A: Multifamily Use. Wastewater generation exceeding six gallons per day per 1,000 square feet of lot area and on-site wastewater treatment plants treating domestic wastewater pursuant to issuance of a groundwater discharge permit by the Massachusetts Department of Environmental Protection. Wastewater treatment plan effluent shall comply with the DEP Interim Guidelines on Reclaimed Water (Revised), Policy No. BRP/DWM/PeP-P00-3, dated January 3, 2000.
b.
Subzone B: Townhouse Use.
§ 9.4.6 Density.
§ 9.4.7 Dimensional regulations.
No building or structure shall be built nor shall any existing building or structure be enlarged except in conformance with the following Table of Dimensional Requirements:
Subzone | Min. Area (square feet) | Max. Building Height | Frontage | Min. Width | Max. Coverage | Front Setback | Side Setback | Rear Setback |
|---|---|---|---|---|---|---|---|---|
A | 60,000 | 4 stories* or 60 feet | N/A | N/A | 35% building 60% total | 50 feet | 10 feet | 10 feet |
B | 60,000 | 2.5 stories or 40 feet | N/A | N/A | 35% building 60% total | 5 feet | 5 feet | 5 feet |
* | Not including below grade parking facilities. |
§ 9.4.8 Traffic and pedestrian safety.
1.
Driveways. Curb cuts provide for safe entering and exiting. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.
2.
Interior design. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bike ways, and vehicular traffic.
3.
Transportation plan. The proposed development shall be subject to an approved transportation plan. The transportation plan shall consist of the following information:
a.
A plan showing the proposed parking, loading, traffic and pedestrian circulation within the site; access and egress points; and other features related to traffic generated by the proposed use.
b.
A traffic study, prepared by a qualified traffic engineer, detailing the expected traffic impacts. The required traffic study shall substantially conform to the Institute of Transportation Engineers' Traffic Access and Impact Studies for Site Development: A Recommended Practice, latest edition. The PAA shall approve the geographic scope and content of the study. In addition, the applicant shall submit a transportation demand management (TDM) plan tailored to the specific uses and the geographic location of the site.
c.
Proposed mitigation measures, if any, such as left-turn lanes, roadway widening, signage, signalization of intersections.
§ 9.4.9 Off-street parking regulations.
1.
Off-street parking requirements. Any structure that is constructed, enlarged, or extended which affects the computation of parking spaces shall provide parking in accordance with the Table of Off-Street Parking Regulations. An existing structure which is enlarged shall be required to provide parking spaces in accordance with the following table for the entire structure.
2.
Existing spaces. Parking spaces being maintained in connection with any existing structure shall not be decreased so long as said structure remains, unless a number of parking spaces is constructed elsewhere such that the total number of spaces conforms to the requirements of the tables of this section, provided this regulation shall not require the maintenance of more parking spaces than are required according to the tables.
3.
Computation of spaces. When the computation of required parking spaces results in the requirement of fractional space, any fraction over 1/2 shall require one space.
4.
Combined facilities. Parking required for two or more structures may be provided in combined facilities on the same or adjacent lots, where it is evident that such facilities will continue to be available for the several structures in accordance with the following Table of Off-Street Parking Regulations:
Uses | Minimum Number of Parking Spaces per Unit |
|---|---|
Multifamily and townhouse use | 1.5 |
5.
Waiver of parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that the 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 and/or the proximity of a bus station or major transportation route;
b.
The availability of public or commercial parking facilities in the vicinity of the use being served;
c.
Shared use of off-street parking spaces serving other uses having peak user demands at different times;
d.
Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
e.
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
f.
Such other factors as may be considered by the PAA.
§ 9.4.10 Application for plan approval.
1.
Pre-application. Prior to the submittal of a site plan, a "concept plan" may be submitted to help guide the development of the definitive site plan for project buildout and individual elements thereof. Such concept plan should reflect the following:
2.
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 guidelines and the other requirements of the SCSGOD.
3.
Application. An application for plan approval shall be submitted to the PAA on the form provided by the PAA. An application shall show the proposed buildout of the entire project, whether the project will be phased or not.
§ 9.4.11 Required submittals for plan approval.
The application for plan approval shall be accompanied by the following plans and documents:
1.
Site plan, drawn at a scale of one inch equals 20 feet or one inch equals 40 feet, with a layout tied to the Massachusetts State Coordinate System and with elevations on North American Vertical Datum (NAVD 88). Site plans shall be prepared by an interdisciplinary team, including a Massachusetts civil professional engineer and a Massachusetts registered landscape architect, and shall bear their signatures and seals. Building plans shall be prepared by a Massachusetts registered architect, and shall bear the architect's seal. Site plans shall include:
a.
Cover sheet, layout sheet, grading and drainage sheet, utilities sheet, wastewater collection and treatment system sheet, traffic control sheet, landscaping sheet, lighting sheet, photometric sheet, construction details sheet, construction phasing sheet and sedimentation and erosion control sheet.
b.
Existing conditions sheet based on an on-the-ground survey and on fieldwork performed no more than three years prior to submission, showing all existing topographic, utility and property information.
c.
Layout sheet showing, among other things, all existing and proposed buildings and structures and their uses, means of building egress, parking areas, access drives, loading areas, refuse and other waste disposal facilities and dumpsters, driveway openings, driveways, service areas and all other open space areas, zoning summary table, accessible parking spaces and accessible routes.
d.
Grading sheet showing existing and proposed grading using two-foot contours and spot grades, as required to show improvements.
e.
Wastewater sheets showing all components of the sanitary sewer collection, pumping and treatment systems.
f.
Utilities sheets showing all components of the stormwater management system, water distribution system, site lighting system, lighting photometric plan and cable utility systems.
g.
Landscape sheets showing all hardscape and planting elements. Site lighting fixture locations shall be shown for coordination purposes. The drawings shall show the quantity, location, species and height or caliper of all trees and shrubs and the species, size and quantity of all groundcovers. Construction details shall be provided for all structures and hardscape elements and planting details shall be provided for coniferous and deciduous trees and shrubs of each size.
2.
Drainage calculations and a narrative report detailing runoff under existing pre-developed conditions and under future post-development conditions and identifying changes in the peak rate and total volume of stormwater runoff for the two-, ten-, and 100-year-frequency storm events. The drainage calculations shall bear the signature and seal of the engineer of record.
3.
Schematic architectural plans and elevations for all structures.
4.
A complete sign package, including all advertising and way-finding signage.
5.
Traffic study conforming to the EOEA/EOTC Guidelines EIR/EIS Traffic Impact Assessment (1989). The traffic study area (TSA) shall encompass all intersections within 3,000 feet of the project boundary accommodating 10% or more of the traffic generated by the project. Alternatively, the proponent may elect to allow the PAA to establish the limits of the TSA. Traffic shall be evaluated for the "existing case," the "no-build plus five-year case" and the "build plus five-year case." Existing traffic count data taken within the three-year period prior to filing and traffic studies completed within said three-year period may be utilized to satisfy this requirement.
6.
Plans for roadway and intersection upgrades for all roadway segments and intersections within the traffic study area, sufficient to provide Level of Service D or better under the "build plus five-year case" for the AM peak hour and the PM peak hour.
7.
In addition, the plan approval Authority will establish a "scope" detailing the design, fiscal, environmental and community issues to be evaluated based upon the likely impacts of the proposed project.
§ 9.4.12 Procedures.
1.
Filing. An applicant for plan approval shall file the application and all required submittals with the Town Clerk and shall also file forthwith 15 copies of the application and the other required submittals with the PAA, including notice of the date of filing with the Town Clerk.
2.
Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Select Board, Planning Board, Board of Health, Housing Partnership, Conservation Commission, Fire Department, Police Department, Inspector of Buildings, Department of Public Works, and other municipal officers, agencies or boards designated by the PAA 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.
3.
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 Town Clerk, within 120 days of the receipt of the application by the 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 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 application and site plan.
4.
Peer review. In addition to the application fee, 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. This technical review fee shall be paid at the time of the application. The initial deposit shall be $10,000 and shall be subject to replenishment as needed. Such fees shall be held by the Town 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.
§ 9.4.13 Design standards.
1.
Design standards. In order to preserve and augment the SCSGOD's architectural qualities, historic character and pedestrian scale, the Smart Growth Overlay District Design Standards are incorporated herein as an appendix hereto, and are applicable to all projects within the SCSGOD. Said Design Standards address: architectural elements; the scale and proportion of buildings; the alignment, width, grade, and surfacing materials of streets and sidewalks; the type and location of infrastructure; site design; off-street parking; landscaping design and species selection; exterior and window signs; and buffering in relation to adjacent properties. Said Design Standards are intended to be applied flexibly by the PAA as part of the plan approval process. All applications for plan approval shall comply, except where a specific waiver is granted, to said Design Standards.
2.
Amendments. The PAA may adopt, by majority vote, amendments to the Design Standards. Any amendment to the 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 any amendment to the Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
3.
DHCD approval. Before adopting any Design Standard, the PAA shall submit the proposed Design Standard to DHCD for approval. Any amendment to the Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk. In submitting a proposed Design Standard for DHCD approval, the PAA shall also submit sufficient documentation clearly showing that the proposed Design Standard 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.
§ 9.4.14 Decision.
1.
Waivers. Except where expressly prohibited herein, upon the request of the applicant the plan approval authority may waive dimensional and other requirements of this section, 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 SCSGOD, 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.
2.
Plan review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this section, and such plan review shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.
3.
Plan approval. Plan approval shall be granted by a simple majority where the PAA finds that:
a.
The applicant has submitted the required fees and information as set forth herein; and
b.
The project and site plan meet the requirements and standards set forth this section, or a waiver has been granted therefrom; and
c.
Extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated by means of suitable conditions.
4.
Plan disapproval. A site plan may be disapproved only where the PAA finds that:
a.
The applicant has not submitted the required fees and information as set forth herein; or
b.
The project and site plan do not meet the requirements and standards set forth this section, or a waiver has not been granted therefrom; or
c.
It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.
5.
Form of decision. All decisions of the PAA shall be by a majority vote of the members present and voting. 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 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 Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision shall be provided to the Inspector of Buildings. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the 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.
§ 9.4.15 Change in plans after approval by PAA.
1.
Minor change. After 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 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 Town Clerk. A copy of the decision shall be provided to the Inspector of Buildings.
2.
Major change. Those changes deemed by the PAA to constitute a major change 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 this section.
§ 9.4.16 Enforcement; appeals.
The provisions of the SCSGOD shall be administered by the Zoning Enforcement Officer, except as otherwise provided herein. Any appeal arising out of action by the PAA regarding an application for plan approval for a project 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.
§ 9.5.1 Purpose.
The purpose of the Recreation and Residential Overlay District is to enhance the public welfare by creating a viable residential community with the amenities afforded by an on-site golf course, multiuse clubhouse, and passive open space areas.
§ 9.5.2 Definitions.
See "Recreation and Residential Overlay District" in Section 11.0.
§ 9.5.3 Eligibility.
The site must be located within the Recreation and Residential Overlay District on the Zoning Map, Town of Sharon, Massachusetts.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
§ 9.5.4 Site plan review.
Recreation and Residential Overlay District projects require site plan approval from the Planning Board pursuant to § 10.6.
§ 9.5.5 Application.
Recreation and Residential Overlay Districts shall be considered as superimposed on underlying zoning districts. A Recreation and Residential Overlay District project shall conform to all other provisions of this bylaw, including other overlay districts, except to the extent that use, dimensional, parking, loading, and design requirements are set forth in this section. The Recreation and Residential Overlay District shall not restrict owners' rights relative to the underlying zoning district, including other overlay districts. However, if an applicant elects to develop a Recreation and Residential Overlay District project, as evidenced by obtaining a building permit for any principal structure or proceeding with land disturbance for any site improvement requiring site plan authorization pursuant to this section, then all development within the total Recreation and Residential Overlay District project shall conform to the use, dimensional, parking, and loading requirements of this section. To the extent there are inconsistencies between provisions of this section and the provisions of any underlying district, the provisions of this section shall govern.
§ 9.5.6 Active open space requirements.
Each application for site plan approval for a Recreation and Residential Overlay District project must provide a golf course that includes at least 18 holes having an average length exceeding 250 yards.
§ 9.5.7 Restriction.
Prior to issuance of an initial building permit for a Recreation and Residential Overlay District project, the property owner shall cause a restriction to be recorded in the Registry of Deeds or the Land Court in a form acceptable to Town Counsel prohibiting any residential use or construction of residential living units on the golf course lot and on the multiuse clubhouse lot. Should the golf course be abandoned or should its owner determine that continued operation is considered not to be viable, ownership of the golf course lot shall be conveyed to the Town of Sharon in fee simple at no cost within 90 days of such abandonment or determination. If the golf course is not used for normal golfing purposes for at least 240 days in any calendar year, it shall create a rebuttable presumption that the course has been abandoned; provided, however, that the 240-day period shall not include any non-use caused by the following, without limitation, and as examples only: weather delays, redesign of the golf course, or unanticipated and unusual water problems and other natural disasters.
§ 9.5.8 Phasing.
Recreation and Residential Overlay District projects may be developed in two or more phases, provided that each phase is independent and self-sufficient, providing adequate access and utility service for all buildings and uses included in the phase and in any prior phases. Plans for phasing shall be shown on the site plan.
§ 9.5.9 Sureties.
The property owner shall post lot covenants, instruments of surety, insurance policies, letters of credit or similar securities as provided in the Town's subdivision regulations (hereinafter "instruments") to be provided prior to the issuance of any building permits for each phase of the project, if applicable, to the benefit of the Town of Sharon in a form acceptable to Town Counsel in amounts to be reasonably established by the Planning Board shall be posted in order to secure incomplete site infrastructure improvements. Release mechanisms for building permits shall be as provided in the Planning Board's subdivision regulations for release of lots.
§ 9.5.10 Green development.
All site improvements shall incorporate the green development principles of energy efficiency and sustainability by including those Leadership in Energy and Environmental Design (LEED) Plan for Neighborhood Development (LEED ND: Plan) strategies set forth herein in the planning and design of the total Recreation and Residential Overlay District project. Building design shall not be subject to the requirements of this section and inclusion of at least one certified green building shall not be required. LEED strategies to be included in the planning and design of the Recreation and Residential Overlay District project are as follows:
1.
Open space shall be preserved by restricting the total lot area for two-family dwelling and the multiuse clubhouse use and requiring a permanent restriction on development of the golf course lot.
2.
The development footprint shall be reduced by providing a compact two-family neighborhood plan that offers an effective alternative to low-density sprawling single-family development.
3.
Water resources shall be protected by restricting development within the Groundwater Protection District of the Zoning Bylaw.
4.
Housing diversity shall be increased by providing two-family dwellings, thereby increasing housing choices for Town residents.
5.
Infrastructure efficiency shall be facilitated by providing compact two-family development.
6.
Multimodal access and vehicular safety shall be enhanced by providing primary access drives that are designed for shared bicycle use, posted for low speed, and designed to include traffic calming measures.
7.
A healthy walkable neighborhood shall be encouraged by providing compact development and by constructing sidewalks and other walkways.
8.
Water conservation shall be promoted by precluding use of potable water for irrigation and requiring that irrigation of the two-family dwelling units and the multiuse clubhouse must be subject to an irrigation management plan.
9.
Sustainable use of materials shall be increased by requiring use of comparable recycled and locally sourced materials for construction of site improvements.
10.
Vehicle miles traveled (VMT) and energy use shall be reduced by providing a compact two-family development which limits the required length of the primary access drive system in comparison to the roadway system required for a comparable single-family development.
11.
Existing drainage patterns shall be preserved and water resources shall be protected by using best management practices (BMPs) to limit runoff and reduce total suspended solids and related contaminants.
§ 9.5.11 Construction requirements.
Site improvements shall comply with the requirements of this paragraph; provided, however, that these construction requirements may be waived by the Planning Board as part of site plan review. Materials for site improvements shall comply with the Sharon Planning Board's Rules and Regulations Governing the Subdivision of Land and shall be recycled or locally sourced when comparable. Primary access drives shall have minimum pavement widths of 22 feet and minimum center line radii of 50 feet. Segments of primary access drives serving more than 10 dwelling units or serving the multiuse clubhouse shall have minimum pavement widths of 24 feet and minimum center line radii of 100 feet. Pavement shall consist of four inches of hot-mix asphalt pavement, a three-inch-thick dense graded base, and a twelve-inch-thick gravel base with hot-mix asphalt curb or berm. The center line of access drives shall be a minimum slope of 1% and a maximum slope of 7%. A hot-mix asphalt curb with a five-foot-wide walkway shall be provided along one side of the primary access drive with a three-inch-thick hot-mix asphalt pavement with an eight-inch-thick gravel base. Water distribution and sanitary sewer systems shall comply with the design requirements of the Planning Board Rules and Regulations. Cable utilities shall be installed underground. Stormwater management shall comply with this bylaw.
§ 9.5.12 Operation and maintenance requirements.
All infrastructure within the Recreation and Residential Overlay District project shall remain forever private. Operation, maintenance, and repair of vehicle and pedestrian assess facilities, parking and loading, utilities, stormwater management, sanitary sewer collection and treatment facilities, and landscaping shall be the responsibility of the property owner. Site plan review shall establish the organizational structure, funding mechanisms, and responsibilities of organizations which may include one or more homeowners' organizations responsible for infrastructure on the two-family lots, one or more business owners' organizations, if applicable, responsible for infrastructure on the golf course and multiuse clubhouse lots, and an overall property owners' organization responsible for infrastructure shared among the two-family, golf course, and multiuse clubhouse lots.
§ 9.5.13 Permitted uses.
§ 9.5.14 Permitted accessory uses.
1.
Surface and garage parking for residences and multiuse clubhouse.
2.
Security services and related uses, including guard houses.
3.
A property sales office and facility management office.
4.
Stormwater management facilities.
5.
On-site septic systems in compliance with Title 5 and Sharon Board of Health Regulations, if and as applicable.
6.
Wastewater treatment facilities and related appurtenances; provided that such wastewater treatment plants shall be subject to the issuance of a groundwater discharge permit issued by the Massachusetts Department of Environmental Protection (DEP) and to the issuance of a treatment works construction permit by the Sharon Board of Health if and as applicable, subject to provision of adequate funding mechanisms ensuring proper operation and maintenance protocols, Town monitoring and testing, and repair and replacement consistent with the requirements of the Department of Environmental Protection and the Sharon Board of Health, if and as applicable. In addition, at the boundary of the lot containing the wastewater disposal area, the groundwater shall meet Massachusetts drinking water standards and other limits on pollutants set forth hereinafter. Unless waived by the Planning Board during site plan review, the soil absorption system shall be located outside of any Water Resource Protection District.
7.
Open space, which may include trails and parking at trail heads.
8.
Maintenance buildings and garages for parking of service or facility vehicles, excluding any vehicle maintenance; provided, however, such maintenance building shall not exceed 8,000 square feet in floor area and the cart storage building shall not exceed 6,000 square feet in floor area.
9.
Identifying signs indicating only the name and contact information of the owner or occupant, the street number and address, and the uses or occupations engaged in on the premises, limited to one identifying sign not exceeding 225 square feet in area and located within 200 feet of the I-95 right-of-way and one additional identifying sign not exceeding 50 square feet and located either within the golf course lot frontage or within the multiuse clubhouse lot frontage.
§ 9.5.15 Performance standards.
A Recreation and Residential Overlay District project shall comply with the following:
1.
Overall development. Green development principles of energy efficiency and sustainability shall be incorporated by including those Leadership in Energy and Environmental Design (LEED) for Neighborhood Development (ND) strategies of § 9.5. LEED for Neighborhood Development: Plan principles should be incorporated; however, formal LEED ND: Plan certification shall not be required and building design shall not be subject to the requirements of this section.
2.
Wastewater collection and treatment. Wastewater collection and treatment shall comply with the following:
a.
Wastewater shall be collected and treated in compliance with requirements of the Massachusetts Department of Environmental Protection and the Sharon Board of Health, if and as applicable.
b.
Wastewater may be discharged to sanitary sewers tributary to the sanitary sewer systems in other municipalities or the Massachusetts Water Resources Authority sanitary sewer system.
c.
Wastewater may be discharged to an on-site wastewater treatment plant authorized by a DEP groundwater discharge permit and a Sharon Board of Health treatment works construction permit, if and as applicable, or to an on-site septic system authorized by a Sharon Board of Health disposal system construction permit in compliance with Sharon Board of Health Article 7 and Title 5 (310 CMR 15) and the Sharon Board of Health rules and regulations for a Recreation and Residential Overlay District project, if and as applicable. On-site septic systems shall not be allowed for two-family dwellings or for the multiuse clubhouse unless the Planning Board determines that sewage generation for the total Recreation and Residential Overlay District project will not exceed 10,000 gallons per day in perpetuity or unless wastewater generation during the initial phases of development has not reached the minimum threshold for which DEP will issue a groundwater discharge permit or for which the Sharon Board of Health will issue a treatment works construction permit.
d.
Wastewater treatment plant effluent shall meet Massachusetts Drinking Water Standards (310 CMR 22.00) and Massachusetts Surface Water Quality Standards for Class A surface waters.
e.
Any on-site sanitary sewers shall be subject to ongoing requirements for leak detection and repair.
3.
Stormwater management. Stormwater management facilities shall be provided to collect and treat all stormwater runoff from all developed areas and shall comply with the Department of Environmental Protection's Stormwater Management Standards [310 CMR 10.05(6)(k) through 10.05(6)(q)], whether or not the activity is subject to the Massachusetts Wetlands Protection Act (MGL c. 131, § 40).
a.
Stormwater management facilities shall attenuate increases in the rate of off-site discharge for the one-year-frequency storm event.
b.
Stormwater management facilities incorporating low-impact design measures shall be used to abate contaminants caused by golf course operation, including nitrogen and phosphorous.
c.
Low-impact design using on-lot stormwater management and recharge shall be used to the maximum extent practicable, including separate roofwater recharge facilities, including raingardens and lawn depressions, and porous pavement for unit driveways and walkways. Grading for two-family dwellings, including its driveway grading, should disconnect lot runoff from the primary access drive.
d.
The stormwater management system shall provide for collection and treatment of runoff from the ten-year-frequency storm event and shall provide for no increase in the peak rate of discharge for the ten- and 100-year-frequency storm events. Rainfall shall be based on NOAA Atlas 14.
4.
Irrigation. Irrigation of the golf course lot and any portions of the golf course within easements on contiguous lots shall be allowed and shall not be subject to the requirements of the remainder of this paragraph. Irrigation on any lot containing two-family dwellings or the multiuse clubhouse (but not including the golf course) shall be allowed if potable water from the Sharon municipal water distribution system is not used for irrigation and if irrigation is subject to an irrigation management plan that incorporates staged drought management provisions and incorporates use of non-municipal water and treated effluent application to turf to the extent allowed by regulatory agencies. On-site well water may be used if authorized by agencies having jurisdiction, but drawdown (excluding drawdown by wells serving the golf course) affecting adjacent water supply wells shall be minimized.
5.
Landscaping. Landscaping shall be provided for all two-family dwelling lots and the multiuse clubhouse lot (but not the golf course). Plant materials shall be native species where practicable. Invasive plants listed on the Massachusetts Department of Agricultural Resources' Massachusetts Prohibited Plant List shall not be planted. Methods of application and allowed quantities of fertilizers are subject to limitations of a turf management plan approved during site plan review.
6.
Water conservation. Buildings shall, as practicable, incorporate water conservation devices, including water-efficient plumbing fixtures and appliances.
7.
Traffic mitigation. Off-site intersection upgrades shall be provided that minimize the negative impact of project-generated traffic on operations at intersections in the traffic study area.
§ 9.5.16 Dimensional regulations; total Recreation and Residential Overlay District project.
The requirements are as follows:
1.
Minimum total project area: 180 acres.
3.
Maximum total project density.
5.
Location requirements.
a.
Two-family dwellings shall be located on one or more lots and more than one building containing two-family dwellings may be located on a lot. The golf course and the multiuse clubhouse shall each be located on a separate lot.
b.
All two-family dwellings shall use primary access drives for access. Curb cuts for driveways serving individual two-family dwellings are prohibited on public ways in existence as of the date of an application for site plan approval of a Recreation and Residential Overlay District project.
§ 9.5.17 Dimensional regulations; lots.
Dimensional requirements for lots are as follows:
1.
Minimum lot area for two-family dwelling use: the greater of 60,000 square feet or 8,500 square feet per dwelling unit.
2.
Minimum lot area for golf course: 160 acres.
3.
Minimum lot area for multiuse clubhouse: 10 acres.
4.
Minimum lot width for all uses: 210 feet.
5.
Minimum lot frontage: 2/3 of the minimum lot width.
6.
Maximum lot coverage: 25%.
8.
Maximum gross floor area for the multiuse clubhouse facility: 50,000 square feet.
9.
Minimum street setback for principal or accessory buildings: 100 feet.
11.
Minimum separation between principal or accessory buildings on the same lot: 10 feet.
12.
Maximum separation between principal buildings in multiuse clubhouse use on the same lot: 50 feet.
13.
Maximum building height:
§ 9.5.18 Required off-street parking and loading; minimum parking requirements.
1.
Residences: two parking spaces per dwelling unit.
2.
Multiuse clubhouse: five parking spaces per 1,000 square feet of floor area. As part of the site plan review and approval process, the Planning Board may reduce the number of parking spaces required upon submission of a parking management plan prepared by a civil professional engineer (PE).
§ 9.5.19 Design requirements for two-family dwelling parking.
1.
Parking spaces shall be located within 100 feet of the residence.
2.
Each parking space shall have direct access to an access drive, and stacked parking spaces shall not count toward the minimum number of required parking spaces.
3.
Each parking space shall be capable of containing a rectangle not less than nine feet by 18 feet.
§ 9.5.20 Design requirements for golf course and multiuse clubhouse parking.
1.
Parking spaces shall be located within 700 feet of the multiuse clubhouse.
2.
Each parking space shall have direct access to a parking aisle or access drive and shall be capable of containing a rectangle not less than nine feet by 18 feet.
3.
Parking aisles shall have a minimum width of 24 feet for two-way traffic.
4.
For event parking and other short-term periods of peak parking demand, the Planning Board may consider alternative parking provisions as conditions of site plan approval which include, but are not limited to, overflow parking on unpaved surfaces, shared parking, valet parking, and off-site parking with shuttle service.
5.
Homeowner and property owner organization documents must include provisions for establishing and enforcing parking restrictions and prohibitions.
6.
Minimum loading requirements for the multiuse clubhouse: one loading space per 50,000 square feet of gross floor.
§ 9.5.21 Design requirements for loading spaces.
Each loading space shall have direct access to an access drive and shall be capable of containing a rectangle not less than 12 feet by 40 feet and vertical clearance of 14 feet.
§ 9.5.22 Site plan review and approval.
All uses within a Recreation and Residential Overlay District require site plan approval from the Planning Board. Applicants are encouraged to submit sketch plans and meet informally with the Planning Board prior to formal submission of a site plan approval application. Site plans shall show the total Recreational and Residential Overlay District project, including all lot boundaries and all proposed phases of development within the Recreation and Residential Overlay District project, and all contiguous land within the Recreation and Residential Overlay District. A copy of the site plan application must be filed with the Town Clerk and a copy of the application, including the certification by the Town Clerk, must be filed forthwith by the petitioner with the Planning Board. The Planning Board shall hold a public hearing, for which notice has been given as provided in MGL c. 40A. Unless waived by the Planning Board, applications for site plan review and approval shall comply with the following:
1.
Site plans shall be drawn to a scale of 40 feet to the inch (or such other scale as the Planning Board may accept). Site plans shall be prepared by a multidisciplinary team and shall be signed and sealed by a Massachusetts civil professional engineer (PE), a Massachusetts professional land surveyor (PLS), and a Massachusetts registered landscape architect (RLA).
2.
Existing conditions survey shall be based upon on-the-ground fieldwork. Layout shall be tied to the Mass State Coordinate System, and elevations shall be on North American Vertical Datum (NAVD 88).
3.
Site plans shall include a cover sheet, layout sheet, grading and drainage sheet, landscaping sheet, details sheet, a sedimentation and erosion control sheet, a traffic control sheet, a lighting sheet, and a construction phasing sheet. The plans shall show, among other things, all existing and proposed lot boundaries, buildings and structures and their uses, means of building egress, parking areas, driveway openings, driveways for individual dwelling units, and zoning summary table.
4.
Site plans shall show existing and proposed grading with a one-foot contour interval and spot grades based on NAVD 88.
5.
Site plans shall show all on-site local, state, and federal regulatory resource boundaries, and buffer zones shall be clearly identified, and all wetland flag locations shall be numbered and placed upon the site plan.
6.
Site plans shall show sanitary sewer collection systems and wastewater treatment systems, including septic systems in compliance with Massachusetts Department of Environmental Protection and Sharon Board of Health regulations, if and as applicable; stormwater management systems; water distribution systems; and cable utility systems.
7.
A stormwater management report shall be submitted that includes a narrative, a stormwater checklist signed and sealed by a civil professional engineer (PE), TR-55/TR-20 based hydrologic analysis, rational formula pipe sizing calculations, a long-term pollution prevention plan (Standards 4 through 6), a construction period pollution prevention and erosion and sedimentation control plan (Standard 8), and an operation and maintenance plan (Standard 9).
8.
Site plans shall show primary access drives, parking areas, accessible parking spaces and accessible routes, loading and service areas, pedestrian and bicycle facilities, waste disposal facilities and dumpsters, and open space.
9.
Site plans shall also show all proposed two-family dwellings and related site improvements.
10.
Site plans shall show a detailed plan of all golf course elements to be established or existing elements to be disturbed or changed, including fairways, tees, greens, rough areas and hazards, cart paths, golf driving range and practice facilities, irrigation system, irrigation wells, maintenance facilities; parking and loading areas; and shall show a detailed plan of open space, including natural vegetation areas.
11.
Site plans shall show all components of the multiuse clubhouse, including means of building egress, parking and loading areas, pedestrian and bicycle facilities, refuse and other waste disposal facilities, and dumpsters.
12.
Earthwork quantities shall be provided.
13.
Site plans shall show all hydrants, fire protection systems, site lighting, and lighting fixture and pole details. All lighting fixtures shall be designed based upon dark skies principles by minimizing the upward projection of light.
14.
Site plans shall include landscape plantings and planting details, and all hardscape elements. Site lighting fixture locations shall be shown for coordination purposes. The drawings shall show the quantity, location, species, and height or caliper of all trees and shrubs and the species, size, and quantity of all groundcovers. Details shall be provided or all structures and hardscape elements, and planting details shall be provided for coniferous and deciduous trees and shrubs of each size.
15.
A report shall be submitted evaluating the LEED for Neighborhood Development: Plan points for which the site improvements within the Recreation and Residential Overlay District are eligible. However, formal LEED ND certification, evaluation of building design, and inclusion of at least one certified green building shall not be required.
16.
Typical architectural plans and elevations and colors and materials shall be submitted for each typical two-family dwelling type. Specific architectural plans and elevations and colors and materials shall be submitted for all principal nonresidential buildings.
17.
A complete sign package shall be submitted, including all informational and directional signage. All wall signs and freestanding signs shall be shown. Sign plans and details shall show locations, dimensions, colors, materials, finishes, methods of illumination and illumination levels, and methods of structural support.
18.
A traffic study prepared by a traffic or civil professional engineer shall be submitted evaluating existing, no-build, and build intersection operations in the traffic study area (TSA) shall be submitted. The TSA shall be established by the Planning Board to include the nearest major intersection on each approach to the principal site entrance and other intersections as designated. Traffic counts must be taken within one year of the date of submission; trip generation shall be based on the Institute of Transportation Engineers (ITE); trip distribution and traffic assignment shall be quantitatively based; sight distance at the site entrance shall be evaluated, and intersection crash rates shall be calculated. For locations where intersection operations are impacted, measures to avoid, minimize, and mitigate traffic impacts shall be developed and evaluated; the applicant's commitment to mitigation shall be clearly stated.
19.
Reports to the Planning Board. Within 10 days following receipt of a duly submitted site plan application, the Planning Board shall transmit one copy thereof to the Board of Health and Conservation Commission. The Board of Health and Conservation Commission shall review the site plan application and report in writing their recommendations to the Planning Board within 45 days. The Board of Health and Conservation Commission may seek pertinent information from other Town officials or boards and may request additional information from the applicant. The Planning Board shall not take final action on said plan until it has received reports thereon from the Board of Health and Conservation Commission, or until 60 days have elapsed after the transmission of the plan to the board in question without submission of a report thereon.
§ 9.5.23 Criteria.
In granting site plan approval, the Planning Board shall consider the following:
1.
The extent to which the site plan fulfills the objective of the Recreation and Residential Overlay District to create a viable residential community with the amenities afforded by an on-site golf course and multiuse clubhouse and passive open space areas.
2.
The extent to which the overall development incorporates green development principles of energy efficiency and sustainability and utilizes LEED for Neighborhood Development (ND) strategies in accordance with § 9.5.
3.
The extent to which convenient and safe vehicular and pedestrian movements are accommodated within the site, and in relation to adjacent streets, property or improvements.
4.
The extent to which adequate utility services are provided to serve proposed residential and recreational uses.
5.
The extent to which adequate provisions are made for disposal for sewage, refuse or other wastes; drainage for surface water; and removal of snow.
6.
The extent to which measures are provided to minimize impacts on surface water and groundwater.
7.
The extent to which wastewater treatment plant effluent meets the Massachusetts Drinking Water Standards (310 CMR 22.00) and the Massachusetts Surface Water Quality Standards for Class A surface waters.
8.
The extent to which stormwater management facilities shall attenuate increases in the volume of off-site discharge for the one-year-frequency storm event.
9.
The extent to which stormwater management facilities conform to the Massachusetts Department of Environmental Protection's Stormwater Management Standards [310 CMR 10.05(6)(k) through 10.05(6)(q)].
10.
The extent to which stormwater management facilities in concert with low-impact design measures abate contaminants caused by golf course maintenance.
11.
The extent to which low-impact design is used.
12.
The extent to which the stormwater management system prevents any increase in the peak rate of discharge for the ten- and 100-year-frequency storm events.
13.
The extent to which buildings incorporate water conservation devices, including water-efficient plumbing fixtures.
14.
The extent to which rooftop mechanical equipment is visually screened and acoustically buffered.
15.
The extent to which negative traffic impacts are minimized in off-site intersections in the intersection study area through provision of necessary intersection upgrades.
16.
The extent to which use of potable water from the Sharon municipal water distribution system for irrigation is avoided. The extent to which irrigation water use, including water from on-site wells, is minimized through adherence to an irrigation management plan; and for wells on two-family dwelling and multiuse clubhouse lots (but excluding consideration of wells serving the golf course), the extent to which irrigation well drawdown impacts affecting existing water supply wells on neighboring properties are minimized.
17.
The extent to which native plant materials are used; invasive plants are avoided; and the quantities of pesticides, fertilizers, and herbicides are minimized.
18.
The extent to which runoff from pedestrian areas, landscape areas, and low-volume vehicular areas is accommodated using low-impact design principles.
19.
The extent to which underground utilities are provided.
§ 9.5.24 Final action by the Planning Board.
The Planning Board final action shall consist of an approval based on the determination that the site plan for the Recreation and Residential Overlay District project is consistent with the criteria and requirements set forth in this section, an approval subject to reasonable conditions consistent with the criteria and requirements set forth in this section, or a denial based on a determination that:
§ 9.5.25 Consultants.
To facilitate review of an application for a site plan, the Planning Board may engage outside consultants in accordance with MGL c. 44, § 53G. Consultants may be engaged to review any or all components of the site plan submission or any off-site improvements proposed in conjunction with the project. Additionally, for projects requiring issuance of state or federal permits, consultants may be engaged to peer review submissions to the state or federal agency and to represent the Town before these agencies to protect the Town's interests. Consultants may be engaged to observe construction of the site improvements authorized by site plan approval.
1.
Scope of work. In the course of exercising its powers under this bylaw, the Planning Board may engage outside consultants for peer review of submissions, for peer review and representation in regard to state and federal permits and licensing, or for construction observation. Consultants are selected by majority vote of the Planning Board.
2.
Review fees. Applicants shall reimburse the Town for the fees and expenses of outside consultants engaged by the Planning Board. Fees shall be paid prior to inception of each phase of the work. Escrow accounts shall be replenished within 15 days following receipt of notice. Failure to pay fees in accordance with the aforesaid shall be deemed, after notice to the applicant, with an opportunity to cure, to constitute withdrawal of the project. Fees shall be deposited in a special account established by the Town Treasurer and may be expended only for the purposes described above.
§ 9.5.26 Enforcement and implementation.
Any site plan approval issued under this section shall lapse within one year if actual construction of site infrastructure in accordance with the approved site plan has not commenced sooner, except upon application within one year and for good cause shown. Construction shall not include site preparation and preliminary site clearing activities. Such time period shall be extended upon request by the applicant for one year. A Recreation and Residential Overlay District project may be constructed in multiple phases over time. Once construction of any portion of a Recreation and Residential Overlay District project has commenced, such site plan approval shall not lapse if the construction proceeds in phases in accordance with an overall project schedule of completion not to exceed four years unless extended by the Planning Board for good cause shown.
§ 9.6.1 Purpose and intent.
The Planned Development (PD) District is intended to:
1.
Permit an entity to propose, and for Town Meeting vote, a development proposal that specifies a mixture of commercial, industrial, residential, open space or other uses and the site development requirements to be used for a specific site.
2.
Permit some flexibility in the development of individual tracts of land by required and predetermined standards, whether as of right subject to site plan approval, or by special permit.
3.
Permit the use of development standards tailored to a specific site and more detailed than those for the standard zoning districts.
4.
Permit the Town to evaluate the potential impacts of a proposed development and to authorize the Planning Board, as the special permit granting authority (SPGA) or site plan review authority, to require that the development of the site substantially conforms to site development standards approved as part of the rezoning to PD District and intended to mitigate or compensate for the potential impacts.
§ 9.6.2 Types.
There are three types of Planned Development Districts:
1.
Planned Commercial Development District (PCD). Primarily commercial, industrial and other nonresidential uses alone or in combination.
2.
Planned Residential Development District (PRD). Primarily residential uses alone or in combination with nonresidential uses.
3.
Planned Mixed Use Development District (PMUD). Balanced residential and nonresidential mixed use.
§ 9.6.3 Procedures.
A Planned Development District requires an amendment to this Zoning Bylaw. The PD District does not have any minimum lot size and there is no minimum lot area required to seek a rezoning to the PD District. Applicants for a PD District shall observe the following procedures in order to promote review of the proposed amendment and to facilitate public-private cooperation in the establishment of the PD District.
1.
Pre-application review. Applicants are strongly encouraged to schedule a pre-application review with the Planning Board or its designee and Town Administrator. Pre-application review should precede the preparation of detailed plans or specifications. For the pre-application review, an applicant will submit a project description that describes the uses to be proposed and the benefits to the Town from those uses.
2.
Bylaw submission. The applicant shall submit a proposed amendment to this bylaw for the PD District rezoning in consultation with the Planning Board and Town Administrator. The proposed amendment shall contain the information required by this section. The Planning Board or its designee shall prepare the text of the proposed amendment and locate the new district on the Zoning Map.[1] The finalized amendment shall be presented to the Town Counsel for approval as to form of the proposed PDD.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
§ 9.6.4 Submission requirements for a PD rezoning.
The application for a PD District Rezoning shall include any required submission fee and a preliminary plan which shall include the following at a level of detail sufficient to enable a peer review, if required by the SPGA. Documents shall also be made available electronically for access by the general public.
2.
A preliminary plan showing the proposed location of buildings, number of stories, approximate floor area and maximum height of each building, the distance (in feet) between buildings; general topography, grading and landscaping; lot lines; parking areas; utilities; stormwater management system.
3.
Table of proposed uses with a description of the type and character of uses requested. This may include a cross reference of uses to be permitted as they appear in the Table of Use Regulations.
4.
In addition to the submission requirements outlined in this section, the Planning Board may impose additional submission requirements through the adoption of rules and regulations for a PD District rezoning.
§ 9.6.5 Town Meeting vote.
Upon the agreement of the proponent and the Planning Board, an amendment to establish a PD District may be placed on the warrant for the Annual or a Special Town Meeting all in accordance with the procedures set forth in MGL c. 40A, § 5.
1.
Any PD District Rezoning shall require the final approval of the Planned Development by the Planning Board under 1) a special permit; 2) site plan approval; or 3) both.
§ 9.6.6 Criteria for PD special permit or PD site plan approval.
The SPGA may approve the PD special permit using the criteria set forth in § 10.5.2, and/or grant PD site plan approval using the criteria set forth in § 10.6. In addition, the Board shall find that the special permit and site plan approval is substantially in conformance with the PD Rezoning Bylaw as approved by Town Meeting. The SPGA may permit insubstantial changes in view of the more detailed survey and engineering design provided that they do not conflict with the intent of the PD Rezoning Bylaw.
§ 9.6.7 Changes in a site development and use plan.
Changes in uses or changes in the site development that substantially deviate from the PD Bylaw are not permitted without the amendment of the PD Bylaw and the approval of Town Meeting pursuant to the procedures set forth in MGL c. 40A, § 5.