Ensure the compatibility of home occupations with other uses;

Maintain and preserve the rural, residential and historic character of those portions of the Town that are primarily residential in use; and

Allow residents to engage in gainful employment on their properties, without undue permitting burdens, while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses in residential areas.

Home Occupation I (allowed by right as shown in the Use Regulations Schedule included as an attachment to this chapter).

Home Occupation II (allowed subject to site plan review as shown in the Use Regulations Schedule included as an attachment to this chapter).

The home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units and does not alter the character of the neighborhood.

More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies the criteria and standards enumerated for the appropriate level of home occupation.

The home occupation is conducted only by residents of the dwelling unit but the business may employ other workers who do not engage in the work of the business at the site of the home occupation.

Conforms to the general criteria and standards applicable to all home occupations as provided in Subsection C above.

All client and customer contacts are conducted via the internet or telephone or regular mail or at a site other than the location of the home occupation.

The types of businesses which are so conducted may vary widely but only utilize machinery and materials which are kept within the dwelling. Examples of permitted Type/Category I home occupations include, but are not limited to, artists with a home studio; web developer who utilizes a computer, telephone, and similar small equipment; internet sales business; engineers, surveyors, architects who utilize a small portion of their residence as a home office; building contractors who utilize a small portion of their residence as a home office.

The home occupation shall not involve the repair or maintenance of client or customer property (including equipment or machinery) on the premises on which the home occupation is located.

All work associated with the home occupation is carried out within the dwelling unit in a space which shall be the lesser of 20% of the floor area of the dwelling unit or 500 square feet.

No signs denoting the conduct of the home occupation business shall be permitted or displayed on the property.

The home occupation shall not give the outward appearance of a business. (The incidental appearance of a vehicle allowed under § 255-86F of the Zoning Bylaw to be parked in a residential district with the owner's business name, etc. on said vehicle shall not be construed as giving the outward appearance of a business.)

Persons intending to conduct a Type/Category I home occupation shall submit to the office of the Planning Board a signed acknowledgement that they are aware of and will comply with the conditions for such home occupation as specified in this Subsection D.

Conforms to the general criteria and standards applicable to all home occupations as provided in Subsection C above.

The maximum area that may be occupied by the home occupation shall be the lesser of 20% of the floor area of the primary dwelling unit or 500 square feet.

The home occupation shall not give the outward appearance of a business. (Signage, conducting of the business in accordance with these standards and criteria, and the incidental appearance of a vehicle allowed under § 255-86F of the Zoning Bylaw to be parked in a residential district with the owner's business name, etc. on said vehicle shall not be construed as giving the outward appearance of a business.)

Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed one square foot and must be affixed to the residence and not be freestanding. The Planning Board may approve a small (up to 0.25 square foot) nameplate to be affixed to a freestanding mailbox structure as a condition of the site plan review.

Parking shall be adequate for customers or clients.

No commercial vehicle other than Class 1 commercial vehicles, as defined by the Massachusetts Department of Transportation, at the DOT website (http://www.massdot.state.ma.us/highway/TrafficTravelResources/VehicleClass TypeClassifications.aspx) may be parked on a property in connection with a home occupation.

Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use. As such, considering the property size, location, type of business, the Planning Board may establish maximum limits as to the number of client/customer visits which may be conducted during a set period of time as a condition of the site plan review. The applicant must, as part of his/her application, provide information as to the volume of vehicular and pedestrian traffic which is expected to be associated with the home occupation at its peak level and on a routine basis.

There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation.

The home occupation shall be conducted in a manner that will not interfere with the enjoyment of abutting residential dwellings by reason of noise, vibration, smoke, electrical interference, dust, odors, or heat. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited. As such, the Planning Board may, as a condition of the site plan review, establish limitations as to the hours of operation of the home occupation.

Purposes. The purposes of the Smart Growth Zoning Districts are:

Definitions. For purposes of this § 255-23, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Article III, or as set forth in the PAA Regulations. Where, for readability or other reasons, the terms defined in Article III, the PAA Regulations or the Enabling Laws, appear without capitalization, such use shall nevertheless be presumed to have the same meaning as defined in Article III, the PAA Regulations or the Enabling Laws, as applicable, unless it is obvious from the context that the common law definition applies. Common law definitions shall apply to all other terms not defined in Article III, the PAA Regulations or the Enabling Laws. To the extent that there is any conflict between the definitions set forth in Article III or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.

Scope and authority. The Smart Growth Zoning District is established pursuant to the Enabling Laws, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of South Hadley, as amended. The Underlying Zoning shall remain in effect, and the Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this § 255-23 or complying with all applicable zoning controls set forth in the Zoning Bylaw of the Town of South Hadley for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this § 255-23 shall be governed solely by the provisions of this § 255-23 and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.

Performance standards. All permitted uses must comply with the following:

Mixed-Use Development. Development Projects may include a portion not to exceed 50% of the total gross floor area to be used for nonresidential uses, including Office, Retail, Restaurant, Service or Institutional Uses. Residential units must generally be located above the first floor but may be permitted in first-floor portions of the building. Where that portion of the building fronts on a public way, the Planning Board must determine that it is principally a residential street or that such first-floor residential use would be in keeping with the character of the adjoining land uses.

Off-Street Parking and Loading.

Open Spaces and Recreational Areas. The site design for Development Projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for Plan Approval within the SGZD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Planning Board shall include a description of proposed ownership and maintenance provisions of all common open space and facilities and, if requested by the Planning Board, any necessary restrictions or easements designed to preserve the open space and recreational areas from future development. Upon consideration of the above information, the Planning Board may approve a waiver as provided for in § 255-23A(10) for a front setback to allow for common open space or facilities.

Affordable housing.

Plan approval procedures. The Planning Board shall adopt and file with the Town Clerk Administrative Regulations relative to the application requirements and contents for Plan Review, subject to approval by the Massachusetts Department of Housing and Community Development. Plan approval procedures shall be as follows:

Waivers. Upon request of the Applicant, the Planning Board may waive dimensional and other requirements, including design standards, with conditions, 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 SGZD and the South Hadley Master Plan, and if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this section. Notwithstanding anything to the contrary in this § 255-23 or the Zoning Bylaw of South Hadley, the Affordable Housing provisions that comprise § 255-23A(8) shall not be waived. The Planning Board will also take into consideration the following items when considering a waiver:

Plan changes after approval by Planning Board.

Fair housing requirement. All Development Projects within the SGZD shall comply with applicable federal, state and local fair housing laws.

Project phasing. The Planning Board may allow a Project to be phased at the request of the applicant or to mitigate any extraordinary adverse impacts on nearby properties and provided that the submission shows the full build-out of the Project and all associated impacts as of the completion of the final phase and subject to approval of the Planning Board. For projects that are approved and developed in phases, the proportion of Affordable Units shall be no less than the minimum percentage required for the Project as a whole under § 255-23A(8)(b).

Decisions.

Date of effect. The effective date of this SGZD Bylaw (§ 255-23) as amended May 8, 2018, shall be the date on which such adoption is voted upon by Town Meeting pursuant to the requirements of MGL c. 40A, § 5 and Chapter 40R of the General Laws; provided, however, that an Applicant may not proceed with construction pursuant to this Bylaw (§ 255-23) prior to the receipt of final approval of this Bylaw (§ 255-23) and accompanying Zoning Map by both the Department of Housing and Community Development and the Office of the Massachusetts Attorney General.

Severability. If any provision of this section is found to be invalid by a court of competent jurisdiction, the remainder of this section shall not be affected but remain in full force. The invalidity of any provision of this section shall not affect the validity of the remainder of the Town's Zoning Bylaw.

Design standards.

South Hadley Falls Smart Growth Zoning District (SHFSGZD).

Establishment and Delineation of the NSSGZD. The NSSGZD is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the "Newton Street Smart Growth Zoning District" on the Official Zoning Map of the Town of South Hadley on file in the office of the Town Clerk, said map hereby made a part of the South Hadley Zoning Bylaw.

Allowed and prohibited uses. Any use not listed herein as an Allowed Use is deemed prohibited.

Dimensional and other requirements. Applications for Plan Approval shall be governed by this section and the Design Standards for the NSSGZD.

The minimum acreage required for not more than one horse, pony or stable shall be 32,500 square feet. One additional horse or pony shall be permitted for each 15,000 square feet over the minimum of 32,500 square feet of usable land area, not including the square footage for principal and accessory buildings. Foals under six months are not counted.

The location of the stable shall be not less than 100 feet from any street line, and not less than 30 feet from any side lot line, and not less than 25 feet from a rear lot line, and not less than 40 feet from any dwelling.

The area to be used for the keeping of horses and/or ponies shall have adequate fencing to contain the animal(s) within the property boundaries.

Stables, corrals and yards shall be properly drained and reasonably free from excessive odor, dust and mud, so as not to create a nuisance or health hazard, to the community or to surrounding property owners, from an air or drainage pollution standpoint.

Maintenance of the stable and property used in the keeping of horses and/or ponies shall conform to all regulations of the local Board of Health and state health authorities.

The minimum acreage required shall be a parcel or tract of land of at least 10 acres.

Barns, stables, riding rings, corrals and accessory facilities shall be located at least 175 feet from any side or rear lot line.

Sufficient off-street parking facilities shall be provided to accommodate all users and visitors to the property.

The conditions described in Subsection A(3), (4) and (5) (above), relating to fencing, nuisances and health regulations, shall also apply to riding academies.

Entrances and exits to the Town's public ways shall be approved by the Planning Board based on recommendations from the Director of Public Works as to locations and construction and shall be designed to minimize potential traffic hazards.

Ways shall be laid out so as to intersect as nearly as possible at right angles. In no case shall street intersections be less than 60°.

Street lines at all intersections shall be rounded with a curve at each corner which has a radius of not less than 30 feet. When the intersection of two streets varies more than 10° from a right angle, the radius of the curve at the obtuse angle may be less, and at the acute angle shall be greater than 30 feet.

On any way where the grade exceeds 3% on the approach to the intersection, a leveling area with a slope of less than 1% shall be provided for a distance of not less than 50 feet measured from the nearest exterior line of the intersecting street.

Ways shall have a minimum width of traveled way of 30 feet. No grade shall be greater than 6% nor less than 1/2 of 0.5%.

Granite curb inlets shall be furnished at all catch basins located within the way. Bituminous concrete berms, granite or concrete curbing shall be required along street edges where grades exceed 4%, where catch basins are located, at street intersection returns and where special conditions require. Bituminous concrete berms shall be constructed with a berm machine, providing a base from eight inches to 10 inches and a height of eight inches. The height of the berm above finished gutter grade shall be a minimum of five inches.

Development of diverse and affordable housing types while preserving natural open space.

Preservation of natural open space for its scenic qualities and for its agricultural, environmental, forestry, and recreational uses.

Protection and enhancement of property values.

Housing located sensitive to a site's environmental assets and constraints.

Housing developments which minimize the construction of public infrastructure.

Maintenance of existing visual corridors and views of natural community assets (such as views of Mount Holyoke, Mount Tom, the Connecticut River, and agricultural activities).

Interaction of preserved open space with residents.

Flexible development is a unique approach in that it permits wide flexibility in defining the dimensional standards and density allowed for the residential development with a focus on open space and cultural space preservation. The design process outlined below is essential to achieving the purposes of the flexible development provisions of the Zoning Bylaw. Accordingly, each development plan shall be based on following the multistep design process outlined below.

As part of the public hearing process on the special permit application, applicants are to demonstrate to the Planning Board that the applicant, at a minimum, incorporated this design process in developing the proposed development plan.

Concept review. While not required, applicants are encouraged to submit a concept plan for informal review by the Planning Board. Materials for this informal review shall be submitted at least 15 calendar days prior to the date of the Planning Board meeting at which the review is to be undertaken. The materials to be provided for this concept review should be sufficient to demonstrate the applicant has, on at least a preliminary basis, completed the design process detailed herein.

Subdivision plan. All flexible development projects will involve submittal and approval of a subdivision plan pursuant to the Town of South Hadley Subdivision Regulations.[2] Accordingly, the applicant must submit and obtain approval of the definitive plan either at the time of submittal of an application for the special permit or at a later date, but in accordance with the South Hadley Subdivision Regulations.

Supplemental contents. In addition to the requirements specified in Article IX and Appendix E[3] of the Zoning Bylaw, applications for a flexible development must include the following information:

Single-family detached.

Single-family attached.

Multiple-family (includes condominium developments).

Two-family.

Three-family.

Four-family.

Fifty-five-and-over communities.

Zero-lot line housing.

Customary accessory structures and uses.

Minimum tract size. The minimum size of tract that may be considered for a flexible development is five acres.

Internal dimensional standards. Lots and buildings without direct access to preexisting public roadways may be developed with dimensional requirements other than those of the underlying zoning district. Therefore, for lots and buildings within a flexible development without direct access to preexisting public roadways, the applicant shall propose dimensional standards including the minimum lot area, minimum lot frontage, maximum lot coverage, and minimum yard setback requirements to create building sites which differ from those specified for the underlying zoning district. These internal dimensional standards are subject to Planning Board approval. The applicant shall have the burden of demonstrating, to the Planning Board's satisfaction, that the proposed dimensional standards are appropriate for the site's natural and cultural attributes and in keeping with the purposes of this section of the Zoning Bylaw.

Perimeter dimensional standards.

Multiple zoning districts. If the subject property is located within multiple zoning districts, the base number of dwelling units shall be based on the acreage situated in the respective zoning districts. However, the location of the approved number of dwelling units is not subject to the boundaries of the underlying zoning district.

Planning Board restrictions. Where the natural conditions (significant wetlands, floodplain, and/or steep slopes) of the subject site suggest that the base number of dwelling units as determined by the method specified in Subsection H(1) and (3) is excessive, the Planning Board may require the applicant to deduct all or a portion of the areas subject to those natural conditions from the gross acreage of the site.

Determining base number of dwelling units. The base number of dwelling units shall generally be determined by either of the following methods:

Additional open space. For each additional 10% of the site (over and above the required 30%) set aside as common open space, a density bonus of one additional unit may be awarded; provided that this density bonus shall not exceed 50% of the base number of dwelling units. Vegetated areas required as buffer areas between the subject development and adjoining properties or roadways shall not qualify for this additional open space density bonus.

Affordable housing units. For developments that provide that at least 25% of the dwelling units are permanently affordable for persons with an income of no more than 80% of the median family income for the area, the Planning Board may permit a density bonus of 25% of the base number of dwelling units.

Fifty-five-and-over community. Flexible developments restricted as fifty-five-and-over communities may qualify for a bonus of 25% of the base number of dwelling units.

Limits on bonuses. Density bonuses shall be cumulative and shall not cumulatively exceed 50% of the base number of dwelling units.

Building and lot orientations.

Roadways.

Parking.

Water Supply Protection District. The Planning Board may grant a special permit to allow a flexible development in the Water Supply Protection District where the following conditions are satisfied:

Modification of Zoning Bylaw restrictions. The Planning Board may grant waivers of the fence and parking restrictions/requirements where the Board deems it necessary to further the purposes of this section of the Zoning Bylaw.

Minimum required. A minimum of 30% of the parcel shown on the development plan shall be in usable open space.

Multiple parcels. The required common open space may be in multiple parcels, provided that no individual parcel shall be less than 25% of the required common open space and all of the parcels are connected via walkways, pathways, roadways, or other means of access. The portion of the connecting accessway located outside of the limits of roadway or roadway right-of-way may be included in the calculation of the area of the common open space.

Uses of common usable open space. The required common usable open space shall be used for agriculture, natural education, recreation, conservation, historic, park purposes, or a combination of such uses. Public easement purposes may also be permitted to traverse portions of the common usable open space. Only structures commonly associated with and incidental to the permitted uses shall be permitted in the common usable open space areas.

Composition of common usable open space.

Access from dwelling units.

Accessory buildings. Structures or buildings accessory to recreation, conservation, or agriculture use may be erected but shall not exceed 5% of the area protected as common open space. Accordingly, the applicant may make provision for erection of such structures by subsequent owners of the residences; however, the aggregate size of all such structures shall not exceed the 5% rule. Further, the applicant shall make provisions for maintenance of any accessory structures or buildings (such provisions may include assignment of responsibility to a homeowners' association).

Conveyance. The required common open space shall, at the Planning Board's election, be conveyed to:

Restriction. Regardless of the ownership of the open space, any conveyance shall be subject to the conditions of the Planning Board approval of the flexible development and subject to a recorded restriction enforceable by the Town, provided that such land shall be:

It is the purpose and intent of these regulations to allow for the provision of housing at a lower cost than is possible through conventional means of construction by permitting the use of mobile homes, as defined and limited herein, in the Residence A-1, Residence A-2 and Residence B Districts.

Such use shall be subject to the requirements set forth herein in order to assure that such mobile home shall be the functional equivalent of a home built by conventional construction methods, and to assure acceptable similarity in exterior appearance between such mobile home and dwellings that have been or might be constructed under these and other lawful regulations on adjacent lots in the same districts.

Mobile homes shall be permitted in the Residence A-1 and A-2 Districts (including cluster subdivisions) and Residence B Districts only if determined by the Building Commissioner to be functionally equivalent to a home built by conventional construction methods and acceptably similar in exterior appearance to conventional housing construction. The Building Commissioner shall make such determination for a mobile home only if such home conforms to all of the following standards:

Said determination by the Building Commissioner shall be made prior to, and shall be required as a necessary precondition for, approval of a special permit for a mobile home by the Planning Board.

A single sign may be permitted on each parcel. The sign may be approved for placement either flat on the building in which the professional business is located or freestanding on the parcel. Sign illumination by means of continuous indirect lighting may be permitted. The cumulative size of the sign structure permitted shall be within the discretion of the SPGA but in no case shall it exceed 16 square feet; provided, however, the SPGA may permit the area of the sign to be calculated by the area within the border of the sign and not as provided in the definition of "mobile home" in § 255-10 of the Zoning Bylaw. The Planning Board may also permit one additional sign per business (not to exceed one square foot in area) to be located on the exterior of the building.

Buildings in which the professional business is located shall, as far as practicable, resemble residential buildings in style, materials and landscaping.

The development of new structures shall be in harmony with the historic, scenic and/or agriculture/residential nature of the Town.

Adequate off-street parking as determined by the SPGA shall be provided to the patrons and the occupiers of the professional business.

Any approved special permit shall expire when the professional relinquishes the use for which the special permit was granted for a period of one year.

Accessory use or function. The sale or rental of goods must be part of, and subordinate to, the professional business. Accordingly, the sale or rental of goods must be carried out as a subordinate or accessory use or function of the professional business.

Not a separate business entity. The sale or rental of goods may not be carried out by a business entity separate from the professional business.

Limitation on space. No more than 35% of the gross floor area, excluding storage space, shall be used for the sale or rental of goods.

Supplemental application requirement. As part of the application, the applicant shall provide a floor plan which delineates the portion of the building to be used for the sale or rental of goods.

Multiple professional businesses. In buildings involving multiple professional businesses, the above-listed restrictions [Subsection G(1) through (4) of this section] shall be applicable to each of the individual professional businesses.

The Water Supply Protection District is herein established to include all lands within the Town of South Hadley lying within the primary and secondary recharge areas of groundwater aquifers and watershed areas of reservoirs which now or may in the future provide public water supply. The map entitled "South Hadley Water Protection Area" on file with the Town Clerk, delineates the boundaries of the district.

Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located.

Single-family residences, provided that where not serviced by public sewer, lot size shall be 10,000 square feet of lot area per bedroom or 40,000 square feet, whichever is greater. For cluster development, minimum lot size may be calculated on a net density for an entire development, which includes individual lots and common open space of varying size. Where serviced by public sewerage, minimum residential lot size shall comply with the residential requirement of the underlying district.

Residential accessory uses, including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems.

Agricultural uses such as farming, grazing and horticulture.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating and play areas.

Conservation of water, plants and wildlife.

Wildlife management areas.

Other earth removal, extraction, and/or fill activities and earth removal, excavation, and/or fill activities as defined in § 255-84 for which a permit from the Building Commissioner is not required due to the activity being part of an exempt development under § 255-84A(2), and the associated excavation/earth removal shall not be nearer than 10 feet from the seasonal high groundwater.

Wireless communications facilities when approved pursuant to §§ 255-19 and 255-40, subject to the conditions of the Planning Board as set forth in the special permit decision.

Business and industrial uses, not agricultural, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning and auto body repair, which generate, use, treat, process, store or dispose of hazardous wastes, except for the following:

Business or industrial uses, not agricultural, which dispose of process wastewaters on-site.

Trucking terminals, bus terminals, car washes, motor vehicle gasoline sales, automotive service and repair shops, commercial fuel oil storage and sales.

Solid waste landfills, dumps, auto recycling, auto graveyards, junk and salvage yards, landfilling or storage of sludge and septage, with the exception of the disposal of brush or stumps.

Storage of liquid petroleum products of any kind, except for the following:

Outdoor storage of salt, deicing materials, pesticides or herbicides.

Dumping or disposal on the ground, in water bodies, or in residential septic systems of any toxic chemical, including but not limited to septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane, or other household hazardous wastes. (See the list of prohibited chemicals at the Board of Health or Town Clerk's office.)

Stockpiling and disposal of snow or ice removed from highways and streets located outside of the Water Supply Protection District that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.

Wastewater treatment works subject to 314 CMR 5.00 (those treatment works which discharge over 15,000 gallons per day to the ground), except the following:

Major earth removal, excavation and/or fill activities (as defined in § 255-84, including mining of gravel, soil, loam, sand and/or other minerals.

Excavation for removal of earth, loam, sand, gravel and other soils or mineral substances shall not extend closer than five feet above the historical high groundwater table (as determined from on-site monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, whichever is higher). A monitoring well shall be installed by the property owner to verify groundwater elevations. This subsection shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal.

Sodium chloride for ice control shall be used at the minimum salt-to-sand ratio which is consistent with the public highway safety requirements, and its use shall be eliminated on roads which may be closed to the public in winter.

The storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads shall be covered and located on a paved surface, with berms, within a structure designed to prevent the generation and escape of contaminated run-off leachate.

Fertilizers, pesticides, herbicides, lawn care chemicals or other leachable materials for agricultural and/or commercial applicator use shall be used in conformance with the Massachusetts Pesticide Control Act, MGL c. 132B, regulations promulgated by the Massachusetts Pesticide Bureau (333 CMR 1 through 14), and the manufacturer's label instructions. All other reasonable precautions to minimize adverse impacts on surface and groundwater should be used.

Fertilizers, pesticides, herbicides, lawn care chemicals and other leachable materials for non-agricultural and non-commercial applicator use shall be used in accordance with the Lawn Care Regulations of the Massachusetts Pesticide Board 333 CMR 10.03 as amended, according to the manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface and groundwater.

On-site sewage disposal systems shall not be installed without additional measures imposed by the Board of Health. (See Board of Health regulations.[2])

The storage of commercial fertilizers and soil conditioners shall be within structures that prevent the generation and escape of contaminated run-off or leachate.

To the extent feasible, all new permanent animal manure storage areas shall be covered and/or contained to prevent the generation and escape of contaminated run-off or leachate.

All liquid hazardous materials, as defined in MGL c. 21E, must be stored either in a freestanding container within a building or in a freestanding container above ground with protection to contain a spill the size of the container's total storage capacity.

For commercial and industrial uses, to the extent feasible, run-off from the impervious surfaces shall be recharged on the site by being diverted toward areas covered with vegetation for surface infiltration. Such run-off shall not be discharged directly to rivers, streams or other surface water bodies. Dry wells shall be used only where other methods are infeasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination.

All recharge areas shall be permanently maintained in full working order by the owner(s).

Uses allowed by special permit. The following uses may be allowed by special permit obtained from the Planning Board:

Requirements for special permit in the Water Supply Protection District.

Additional procedures for special permits in the Water Supply Protection District:

Become part of the deeds; and

Be recorded at the Hampshire County Registry of Deeds (proof of the latter to be submitted to the Building Commissioner prior to the issuance of any building permits);

To direct large-lot businesses and auto-oriented uses to the appropriate location. No single user may occupy greater than 65,000 square feet of building space and high-traffic generators such as drive-through restaurants, drive-up ATM machines, gas stations, etc. shall not be permitted in this district.

To provide safe, efficient traffic flow in the Business C District.

To maintain a high level of design and landscaping quality.

To provide safe pedestrian access to businesses and uses in the Business C District.

To protect property values through quality control.

Parking standards. Proposed uses must comply with parking and off-street loading regulations in § 255-86 and the following:

Appearance; architectural design standards.

Lighting standards.

Access standards. Applicants for projects or uses within the Business C District must demonstrate that the project or use will minimize traffic and safety impacts on highways.

Landscaping and screening standards.

Pedestrian standards. Sidewalks shall be provided to provide access to adjacent properties and between individual businesses within a development.

Traffic impact statement.

Public transportation. The Planning Board and the applicant shall request the Pioneer Valley Transit Authority (PVTA) to locate a bus stop on the premises or within 1/4 mile of the development.

Outdoor athletic activities, including facilities for skating, skiing, sledding, swimming, and tennis and related activities.

A golf course as a principal recreational use and putting greens and driving ranges accessory uses to the principal recreational use.

Equestrian trails.

Outdoor picnic facilities, including appropriate sheds and outdoor fireplaces.

Social and recreational facilities for dining and dancing, including banquets, meetings, receptions, assemblies and entertainment, provided that such activities are accessory to and a part of a principal recreational use.

Retail shops accessory or incidental to the principal recreational use.

Other publicly owned facilities or other facilities designed for the benefit of the general public.

A landscaped buffer strip shall separate the recreational activities from any abutting property.

All parking shall be regulated as prescribed in § 255-86, and golf courses shall have an additional minimum of 10 parking spaces per hole of golf or parking facilities equal to 60% of the serving facilities, whichever is greater.

The volume of sound from music and public address systems and recreational motor vehicles shall be so controlled as to prevent objectionable noise off the premises.

Banquets, meetings, stage presentations and dancing shall be held inside a structure, but this shall not prevent presentation outside a structure of athletic exhibitions or contests or theatrical performance.

Artificial lighting of a golf course or golf practice area is specifically prohibited.

The procedure for submission of an application for regional recreational use shall be consistent with the submittal requirement of Article IX, Special Permits, and Article XII, Site Plan Review, and subject to the additional requirements set forth in this subsection.

The Planning Board may issue a special permit for a bed-and-breakfast home that is an existing owner-occupied single-family dwelling (including existing accessory structures located on the property) in which the resident or residents of the dwelling provide overnight lodging to paying guests in a maximum of three guest bedrooms located within the dwelling. No person may occupy said room or rooms more than 14 days in any thirty-day period. The home shall function as a private home with house guests.

In addition to the special permit requirements in Article IX of this bylaw, the following bed-and-breakfast requirements must be met as a condition of approval:

Plan requirements. Plans for a bed-and-breakfast home shall be prepared by a registered architect, registered landscape architect or engineer and shall show the following, together with appropriate dimensions:

Owner-occupancy requirement.

The Planning Board may issue a special permit for a bed-and-breakfast inn that is an existing structure in which the resident or residents of the dwelling provide overnight lodging to paying guests in a maximum of 10 guest bedrooms located within the building. No person may occupy said room or rooms more than 14 days in any thirty-day period. The inn shall function as a private home with house guests.

Except as provided in the subsections below, the provisions of Subsection A(2), (3) and (4) of this section shall also apply to a bed-and-breakfast inn:

Bed-and-breakfast inns may only be permitted for properties abutting Route 116 or Route 202 and properties within the South Hadley Falls Overlay District.

Provide reasonable, nondiscriminatory standards and procedures under which adequate and necessary wireless communications facilities may be permitted, developed and maintained; and

Ensure that permitting wireless communications facilities will be in harmony with the Zoning Bylaw and the character and appearance of the surrounding community; and

Protect the community's scenic, historic, and environmental resources; and

Locate wireless communications facilities such that their location does not have negative impacts (such as, but not limited to, visual blight, attractive nuisance, noise and falling objects) on the general safety, welfare and quality of life of the community; and

Encourage co-location of wireless communications facilities to the maximum extent possible; and

Provide for the development of freestanding wireless communications towers to the extent necessary to enable the providers of wireless communications services to provide adequate coverage throughout the community, yet limit the number of such towers to the minimum amount needed for such services.

The regulations do not prohibit or have the effect of prohibiting the provision of wireless communications services; and

The regulations are not intended to be used to unreasonably discriminate among providers of functionally equivalent wireless communications services; and

The regulations do not regulate wireless communications services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Police, fire, ambulance, antennas and associated towers and equipment for the internal use of either the Town's DPW or either Fire District and other similar emergency dispatch; and

Citizens band radio; and

Amateur radio equipment and towers used in accordance with the terms of amateur radio service licenses issued by the FCC, provided that:

Satellite dishes and antennas for noncommercial residential use and/or for noncommercial educational use.

Existing towers and alternate tower structures. To the extent feasible, antennas are to be located on existing towers and existing alternate tower structures.

Spacing. No wireless communications tower shall be located closer than one mile to any other such tower, except as provided below. The spacing distance shall be measured as the shortest distance between two points as if on a flat topography.

Historic and residential properties. No wireless communications tower shall be located closer than 300 feet to any property (1) listed on either the State or National Register of Historic Places or (2) developed as part of a residential subdivision for which a definitive plan was approved by the South Hadley Planning Board, except as may be waived by the Planning Board as provided below.

Elevation. No portion of any wireless communications facility may exceed the elevation level of 400 feet above mean sea level, except as may be waived by the Planning Board as provided below.

Holyoke range area. No wireless communications tower or related equipment may be located within the area bounded as follows: the Towns of Hadley and Amherst to the north; the Town of Hadley and Route 47 to the west; Route 47 and Pearl Street to the south; and Route 116 (north of Pearl Street) and the Town of Granby to the east.

Waiver for wireless communications antennas on alternative tower structures. In unique circumstances where the Planning Board makes findings as to technical necessity, topographic conditions, community benefit, and/or special conditions which protect the surrounding properties and community assets, and that a waiver is consistent with the purposes of this section, the Planning Board may grant a waiver of one or more of the location criteria specified within this subsection for location of wireless communications antennas on alternate tower structures.

Waiver for wireless communications towers. In unique circumstances where the Planning Board makes findings as to technical necessity, unique topographic conditions, community benefit, and/or special conditions which protect the surrounding properties and special community aesthetic assets (such as, but not limited to, views of the Holyoke Range), and finds that a waiver is consistent with the purposes of this section, the Planning Board may grant a waiver of the selected location criteria listed below as they relate to location of wireless communications towers, subject to the limitations stated herein:

Co-location. Towers must be designed, developed, and equipped, and leases for use of such structures must provide authority, to allow for co-location of as many carriers as technically feasible.

Equipment shelter.

Security. All wireless communications facilities shall be protected, by fencing and/or other appropriate means, against unauthorized access.

Parking.

Signage.

Screening.

Radiofrequency effect. All wireless communications facilities shall be operated only at FCC-designated frequencies, power levels, and standards. Upon request by the Planning Board, providers and applicants shall provide certification that the maximum allowable frequencies, power levels, and standards will not be exceeded.

General: the requirements detailed in Subsection F, Design and siting requirements, general.

Height. All wireless communications towers shall be constructed to the minimum height necessary to accommodate the anticipated usage. Towers designed for one provider shall be limited to the lesser height of 200% of the maximum height allowed in the zoning district in which it is to be located or a height of 130 feet. If no maximum height is specified for the zoning district, the maximum height shall not exceed 130 feet. When calculating the height, the measured distance shall be inclusive of all planned antennas and other attached features.

Setbacks.

Pre-engineered fault. All wireless communications towers shall be pre-engineered to "fold at a predetermined height" in the event of catastrophic failure. The height of this predetermined point of fold shall be specified as part of the special permit application. The purpose of this "pre-engineered fault" is to ensure that, in the event of a catastrophic failure, the wireless communications tower shall remain on the parcel on which the tower was permitted. Recognizing that technology changes over time, the Planning Board may permit the applicant to utilize an alternative means of achieving the purpose of the "pre-engineered fault," provided the Board determines that this alternative means is at least as equally effective for achieving this purpose.

Style of towers. Lattice towers and any guyed towers shall not be permitted unless the applicant shall demonstrate to the Planning Board's satisfaction that such tower shall be no more visually blighting or intrusive than a monopole structure at the same location. Accordingly, applicants proposing to construct a tower other than a monopole shall submit appropriate plan documents as part of the special permit application sufficient to allow the Planning Board to make a decision as to whether to grant a special permit allowing a tower other than a monopole-style tower. To grant a special permit for a tower other than a monopole-style, the Planning Board shall make a finding that the style of tower proposed is appropriate for the site and is no more detrimental to the visual character of the area than a monopole.

View. Wireless communications towers shall not be permitted in such locations as to adversely impact the community. Accordingly,

Preservation of vegetation. Existing on-site vegetation shall be preserved to the maximum extent practicable.

Lighting. Except as required by the FAA, wireless communications towers shall not be artificially lighted.

General. The requirements detailed in Subsection F, Design and siting requirements, general.

Height. The wireless communications antennas may only extend to the minimum height above the existing tower or alternate tower structure as necessary to accommodate the technical requirements. No antennas shall extend more than 10 feet above the height of the existing tower or alternate tower structure.

Extension. Wireless communications antennas shall not extend more than technically necessary for the operation of the wireless communications services, but in no case shall they extend more than 13 feet beyond the side or outer perimeter of the tower or alternate tower structure.

Integral part of structure. All building-mounted components of the facilities shall be designed and located, to the extent practicable, so as to appear as an integral part of the architecture of the existing alternate tower structure. In no case shall such facilities be approved where their inclusion is detrimental to the architectural quality of the alternate tower structure on which they are to be affixed or structures on abutting properties.

Amount of surety. The amount of the bond or surety shall be sufficient to reasonably restore the site to the condition which existed prior to installation of the wireless communications tower and/or wireless communications antennas (including related equipment and fixtures). Said amount shall be certified by a qualified engineer, architect, or other professional registered to practice in the Commonwealth of Massachusetts. The bond or surety shall provide for increases in coverage as the cost of removal of the facility escalates.

Use of bond or financial surety. The posted bond or financial surety shall be used by the Town for its intended purpose upon the occurrence of either of the following events:

Deficient amount; recourse. In the event the amount of the posted bond or surety does not cover the cost of demolition and/or removal of the wireless communications facility, the Town may pursue all recourses available to it for recovery of the additional sum, including but not limited to:

Duration of bond or surety. The bond or surety is to be for a duration of no less than the time period for which the wireless communications facility is to be operating. Accordingly, the Planning Board, as a condition of the special permit or site plan review, whichever is applicable, shall specify the minimum duration for the bond or surety. The Planning Board may provide the bond to be for a specified period of time with provisions for automatic renewals or substitution of new bonds or sureties.

Cessation of use/abandonment. If the wireless communications facility ceases to be used for a period of 12 consecutive months, the facility will be deemed to have been abandoned. At any point after that time, the wireless communications facility may only be used upon prior approval of a new application in accordance with the provisions of the Zoning Bylaw in effect at that time.

Maintenance. The owner of and carriers utilizing the wireless communications facility are solely responsible for maintaining the wireless communications facility in good order. Failure to do so may, at the Town's discretion, result in termination of the right to use the facility and/or removal of the facility.

Removal. Owners of wireless communications facilities shall be solely responsible and liable for dismantling and removing facilities within a time frame set forth by the Building Commissioner. If the demolition/removal is to be undertaken by the Town, the Building Commissioner shall send to the wireless communications facility owner and the associated carriers (if any) written notice by registered mail at least 45 calendar days prior to commencing demolition/removal.

Site plan review required. For wireless communications facilities for which only site plan review is required, applicants must submit the following:

Special permit required. For wireless communications facilities for which a special permit is required, applicants are required to submit the following:

Owners of wireless communications towers are to:

Owners of alternate tower structures are to:

Outdoor recreation facilities may be permitted, subject to compliance with the mandatory standards, conditions and requirements for a special permit and site plan review as well as the conditions set forth in this section. Only miniature golf facilities (up to 36 holes) and batting cages may be permitted as outdoor recreation facilities.

Nothing herein is to be interpreted as precluding the use of any land for passive recreational activities such as, but not limited to, hunting, hiking, skiing, fishing, etc.

Preventing the deleterious effects that such uses have on the community and adjacent areas.

Preventing the secondary effects associated with such uses.

Protecting the health, safety, and general welfare of the present and future inhabitants of the Town.

Providing for regulation of such uses without suppressing any speech or expression activities protected by the First Amendment. Accordingly, the provisions of this § 255-42 and the Zoning Bylaw in general have neither the intent nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or office of this § 255-42 to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials; nor is it the intent or effect of this § 255-42 to legalize the distribution of obscene matter or materials.

Overlay district: the subject property is located within the Adult Entertainment Use Overlay District established in Article IV of the Zoning Bylaw; and

Business District: the subject property is entirely zoned either Business A-1 or Business B.

Residential zoning district.

Individual residential use.

Public or private school.

Church.

Public or private library.

Facilities licensed under MGL c. 138, § 12 (except for such facility which is proposed to be used as adult entertainment use).

Any other adult entertainment uses.

Buffer. A six-foot-high vegetative buffer shall be provided along the rear and side lot lines of any parcel on which is located an adult entertainment business. The purposes of this buffer are to provide visual screening of the adult entertainment use from the adjoining property. For purposes of this section, this buffer shall be a continuous landscaped buffer strip and shall be no less than six feet in height and 10 feet in width. The Planning Board may authorize installation of a solid wood, stockade fence in lieu of the vegetation.

Screening. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the building by the public.

Multitenant buildings. No adult entertainment use shall be located in a building or on a property with more than one business located thereon.

Dimensional requirements. All adult entertainment uses shall comply with the dimensional requirements of the underlying zoning district.

Display restrictions. No graphics, pictures, publications, videotapes, movies, covers, or other implements, items, or advertising, that fall within the definition of, or associated with, an adult entertainment use shall be displayed in the windows of, or on the building of, any adult entertainment use, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.

Signs. All signs shall comply with the provisions of § 255-85 of the Zoning Bylaw. No sign that falls within the definition of an adult entertainment use shall be displayed in the windows of, or on the building of, any adult entertainment use, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.

Illumination of parking areas. All parking areas associated with the adult use shall be illuminated. Said illumination shall be designed, installed, and operated so as to conform to the requirements of Chapter 171, Lighting, Outdoor, of the General Bylaws. The Planning Board may, as a condition of the special permit, restrict the hours of illumination beyond the restrictions set forth in Chapter 171.

Description: a written description of the proposed project, including:

Spacing requirements:

Site plan requirements: a site plan in accordance with Article XII of this Zoning Bylaw. If the proposed adult entertainment use involves use of an existing building and no new construction or exterior modification is proposed, the Board may waive appropriate requirements of the site plan, but shall require a plan that details the existing site conditions, proposed landscaping, proposed signage, proposed site and building ingress and egress, and proposed parking.

Interior layout: an interior layout of the building as proposed by the applicant. This layout shall identify all areas which are to be accessible by the establishment's customers.

Security provisions: proposed provisions for securing the safety of the public inside and outside of the adult entertainment use establishment.

Applicant/Management restrictions: a sworn statement that neither the applicant (inclusive of the owners, officers, directors, and general partners) nor the manager in the adult entertainment use business has been convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28.

Authorization: written authorization from the owner of the property acknowledging the application and authorizing the applicant to submit the application.

The Planning Board shall consider the request and grant the renewal upon findings that:

Provision for three-year renewal. The Planning Board may grant a three-year renewal period for any adult entertainment use upon a determination that the use has been operated for the previous 36 consecutive months without an adverse impact on the neighborhood or change in ownership or management.

Comply with all applicable laws and regulations of the Commonwealth of Massachusetts.

Be operated in such a manner as not to constitute a health or safety hazard to the animals being kept in the facility, community, or neighboring properties and residents.

Be operated in such a manner as not to constitute a nuisance to the neighboring properties and residents.

Residential uses in the Business B District shall not be required to comply with the requirements for residential uses in the Residence B District.

Residential uses in the Industrial A District shall comply with the dimensional standards for the Residence B District, unless such standards are waived by the Planning Board.

An applicant for any approval may request, and the Planning Board shall grant, waivers from any of the otherwise applicable dimensional, landscaping, and parking requirements in the underlying district, provided that the applicant can demonstrate that the requested waivers are more in keeping with the existing character of the South Hadley Falls area than the underlying zoning would permit. The Planning Board may adopt design and dimensional guidelines to guide applicants and the Board in its decisions to grant such dimensional waivers.

It is recognized that the nature of the substance cultivated, processed, and/or sold by medical marijuana treatment centers and off-site medical marijuana dispensaries may have objectionable operational characteristics and may be located in such a way to pose a threat to the health, safety, and general well-being of the public as well as patients seeking treatment. Therefore, specific and separate regulation of medical marijuana treatment center (MMTC) and medical marijuana off-site dispensary (MMOSD) facilities is necessary to ensure that adverse effects will not contribute to blight in the surrounding neighborhood or exacerbate risks to public health and safety associated with other nearby land uses, and that such facilities are not located within close proximity of minors within the Town of South Hadley.

Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, and 105 CMR 725.000, MMTC and off-site medical marijuana dispensaries (OMMD) will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulations as established by the Massachusetts Department of Health (DPH).

A MMCPF is allowed in Industrial A and Industrial B Zoning Districts by site plan review where either of the following conditions are met:

A MMCPF may only be allowed in Industrial A and Industrial B Zoning Districts where the parcel on which the facility is located abuts one or more parcels on which a residence is located and the facility housing the MMCPF is located within 300 feet of any such residence upon issuance of a special permit by the Planning Board in accordance with Article IX of the Zoning Bylaw.

Within 300 feet of any building:

Within, on the same lot as, or on a lot immediately adjacent to a licensed pharmacy; or

Within buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. An exception shall be that the Planning Board may grant permission for palliative and therapeutic care uses in the same building in which an MMTC or MMOSD is operated; or

Within a building containing residential units, including transient housing or group housing such as hotels, motels, lodging houses, or dormitories.

Such facilities may only be involved in the uses permitted by its definition and may not include other businesses or services. This does not preclude a multitenant building from housing other, unrelated businesses; nor is this restriction to be construed as precluding the use of MMCPF facilities for the cultivation and processing of other agricultural and medicinal crops and products where otherwise allowed by state, federal, or local law or regulations.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.

The hours of operation shall be set by the Planning Board, but in no event shall an MMTC or MMOSD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises between the hours of 8:00 p.m. and 8:00 a.m.

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sale, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

No outside storage is permitted.

No MMOSD facility shall have a gross floor area in excess of 1,000 square feet.

Any MMTC with a dispensary included as part of the facility shall be so apportioned and laid out that the portion of the building used for dispensing to qualifying patients shall not occupy more than 5% of the gross floor area.

Ventilation. All MMTC and OMMD facilities shall be ventilated in such a manner that:

Signage shall conform to § 255-85 of the South Hadley Zoning Bylaw and requirements of state laws and regulations governing such facilities. However, the signage and other marketing on the exterior of the building or in any other manner visible from a public way or adjoining property shall not promote or encourage: a) the use or abuse of marijuana or other drugs for nonmedical purposes; or b) the use or abuse of marijuana or other drugs by minors; or c) the active marketing of marijuana or other drugs for medicinal purposes; provided, however, that these restrictions shall not preclude any signage required by the Massachusetts Department of Public Health.

The name and address of each owner of the facility/operation;

Copies of all required registrations issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A notarized statement signed by the organization's chief executive officer and corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons;

In addition to what is normally required in a site plan and/or special permit application under Articles XII and IX of the South Hadley Zoning Bylaw, respectively, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc. ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.

A management plan as required under the special permit rules and regulations, including a description of all activities to occur on site, including all provisions for the delivery of medical marijuana and related products to MMOSDs or off-site direct delivery to patients.

A security plan, which is subject to approval by the Police Chief, which details all exterior and interior proposed security measures for the premises, including but not limit to: video monitoring and recording, lighting, fencing, and alarms ensuring the safety of employees and to protect the premises from theft or other criminal activity. This plan must provide twenty-four-hour security and monitoring for the facility, particularly those portions of the building which are deemed by the Police Chief to be most vulnerable to unauthorized entry and least visible from the public ways.

A waste disposal plan which provides details for disposal of the waste materials in accordance with applicable local and state laws and regulations.

All special permit and site plan approval holders for an MMCPF, MMTC or MMOSD facility shall provide the Town Administrator, Police Department, Fire Department (for the district in which it is located), Building Commissioner/Inspector and the Planning Board with the names, phone numbers and e-mail addresses of all management staff and key-holders to whom one can provide notice if there are operating problems associated with the establishment.

The Town Administrator, Building Commissioner/Inspector, Board of Health, Police Department, Fire Department (for the district in which it is located), and the Planning Board shall be notified in writing by an MMTC or OMMD facility owner/operator/manager:

Annual report.

The owner or manager is required to respond by phone or e-mail within 24 hours of contact by a Town official concerning his/her MMCPF, MMTC or MMOSD at the phone number or e-mail address provided to the Town as the contact for the business.

As with all special permits as provided in Article IX of the Zoning Bylaw, special permits granted under this section are nontransferable.

Special permits granted under this section shall also have a term limited to the duration of the applicant's ownership/control of the premises as an MMTC or MMOSD.

An MMTC or MMOSD facility shall be required to remove all material, plants, equipment and other paraphernalia prior to surrendering its state registration.

Such uses located within the South Hadley Falls Overlay District shall not be subject to the density or open space restrictions within this § 255-47.

Developments for which a permit has been granted or which have been developed prior to May 10, 2014, shall not be subject to the provisions of this § 255-47.

Such use is identified as being allowed within the subject zoning district by the Use Regulations Schedule included as an attachment to this chapter; and

The parcel has sufficient acreage to comply with applicable density limitations; and

The applicable density limitations are the same as what is allowed under the flexible development provisions in § 255-31G, except they may not exceed the cap set forth in Subsection F(4) below; and

In the Residence A-1, Residence A-2, and Agricultural Districts, no parcel of any size may contain more than four dwelling units on it except pursuant to the flexible development provisions of § 255-31; and

Such a parcel may not be later subdivided unless the subdivided lots conform to the dimensional regulations and the infrastructure, including but not limited to the right-of-way and roadway improvements conform to the subdivision regulations in effect when the subdivision is proposed.[2]

Solar photovoltaic installations, in many instances, are permitted as-of-right in many zoning districts in the Use Regulations Schedule (Chapter 255, Attachment 1). In most cases, these are still subject to site plan review in accordance with requirements below and Article XII of Chapter 255 of the Town Code (the Zoning Bylaw).

Plans shall include an analysis of the proposed cut and fill for the site.

Required documents.

Special Mount Holyoke Range siting restriction. No medium- or large-scale installations are to be located in the area bounded as follows: the Towns of Hadley and Amherst to the north; the Town of Hadley and Route 47 to the west; Route 47, Pearl Street, and Elmer Brook to the south; and Route 116 (north of Pearl Street) and the Town of Granby to the east.

Dimension requirements.

Structures. All structures for ground-mounted and canopy-mounted solar photovoltaic installations including all appurtenant structures (such as, but not limited to, equipment shelters, storage installations, transformers, and substations) shall be architecturally compatible with each other.

Visual impact mitigation. The plan for ground-mounted solar photovoltaic installations shall be designed to maximize the preservation of on-site and abutting natural and developed features.

Design standards.

Safety and environmental standards.

Abandonment and decommissioning plan (medium- and large-scale solar photovoltaic installations). Medium- and large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned [i.e., when either it fails to be completed within a commercially reasonable time (such that power generation can commence), or it fails to operate for an elapsed time of more than one year without the written consent of the Planning Board] shall be removed. The owner or operator shall physically remove the installation within 150 days of abandonment or the proposed date of decommissioning. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal.

The abandonment and decommissioning plan, at a minimum, shall include a detailed description of how all of the following will be addressed:

Monitoring and maintenance.

Outside consultant fees. In addition to the normal filing fee, the Planning Board can charge the applicant with a fee to hire outside consultants to assist the Board in administering and reviewing applications.

Waivers. The Planning Board may, upon the prior written request of the applicant, waive any of the requirements of this subsection, but must state their reasons for doing so in writing as part of their decision.

The building(s) in which a marijuana establishment are permitted shall not be located:

The property which is proposed to be permitted for a marijuana establishment, at the time the application is received by the Planning Board, shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. If the parcel of land on which a proposed marijuana establishment is to be located is developed with one or more buildings occupied by more than one tenant, then the Planning Board shall interpret "property which to proposed to be permitted" to shall mean only the portion of the building or property which is actually proposed to be used by the marijuana establishment.

Monday through Saturday from 8:00 a.m. to 11:00 p.m.

Sunday from 10:00 a.m. to 11:00 p.m.

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.

No outside storage is permitted. This prohibition applies to all aspects of the product and waste associated with the marijuana establishment.

Ventilation. All marijuana establishments shall be ventilated in such a manner that no:

The name and address of each owner of the facility/operation;

Copies of all required registrations issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;

A notarized statement signed by the organization's Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons;

In addition to what is normally required in a site plan and/or special permit application under Article IX and Article XII of the South Hadley Zoning Bylaw, respectively, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity [however, this should not be at the same detail as the Security Plan to be submitted to the Chief of Police under Subsection G(7) below].

A management plan (inclusive of the operations maintenance plan) as required under the special permit rules and regulations, including a description of all activities to occur on site, including all provisions for the delivery of marijuana products to and/or from the site as well as the disposal of waste material.

Demonstration that the facility's security plan has been approved by the Police Chief. This plan must detail all exterior and interior proposed security measures for the premises, including but not limit to: video monitoring and recording, lighting, fencing, and alarms ensuring the safety of employees and to protect the premises from theft or other criminal activity. This plan must provide twenty-four-hour security and monitoring for the facility, particularly, those portions of the building which are deemed by the Police Chief to be most vulnerable to unauthorized entry and least visible from the public ways.

A waste disposal plan which provides details for disposal of the waste materials in accordance with applicable local and state laws and regulations.

Purpose and intent.

Definitions. Refer to § 255-10, Terms defined.

Procedural requirements.

The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within an existing or new owner-occupied, single-family dwelling. For any proposed detached accessory dwelling unit, an applicant must seek site plan review from the Planning Board.

Per MGL c.40A, In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the permit granting authority shall allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.

Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters in Subsection B(4) and (5) below must be recorded at the Hampshire County Registry of Deeds or Land Court, as appropriate, in the chain of title of the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit.

Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence.

When a structure which has received a permit for an accessory dwelling unit is sold, the new owner(s), if they wish to continue to exercise the permit, must, within 30 days of the sale, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence.

It shall be the duty of the Building Commissioner to administer and enforce the provisions of this bylaw.

No building shall be constructed or changed in use or configuration until the Building Commissioner has issued appropriate building permits. No permit shall be issued until a sewage disposal works permit, when applicable, has first been obtained by the Board of Health and the proposed building and location thereof conform with the Town's laws and bylaws. Any new building or structure shall conform to all adopted state and town laws, bylaws, codes and regulations. No building or accessory dwelling unit shall be occupied until a certificate of occupancy has been issued by the Building Commissioner, where required.

The Building Commissioner shall refuse to issue any permit which would result in a violation of any provision of this section or in violation of the conditions or terms of any plan approval, special permit or variance granted by the Planning Board, Board of Appeals, or it's agent.

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

Ensure the compatibility of the short-term rental with the social, cultural, and physical characteristics of the neighborhood;

To protect and enhance the essential characteristics and quality of life within existing residential neighborhoods for all residents; and

Allow residents to engage in generation of revenue from their properties while avoiding excessive noise, traffic, and other possible adverse effects of transient populations in residential areas.

Plan requirements. A parcel map showing the following, at a scale determined sufficient by the SPGA:

A list of each room, including bedrooms, offices, dens, living rooms, kitchen and sunroom in the Dwelling Unit. The list shall include for each room: i) whether or not the room will be rented; ii) the maximum number of overnight guests that will be allowed.

Contact information. Name(s) and current contact information for the owner-occupant of the property subject to the short-term rental, including but not limited to mailing address, telephone number and email address; and owner if to be non-owner-occupied.

Trash collection. Narrative detailing how trash will be stored and removed from the property.

Snow removal. Narrative detailing how and where snow will be removed and stored on site while the short-term rental is occupied.

Applicant must be the owner-occupant of the dwelling unit.

The dwelling unit must have been legally established under the Town of South Hadley Zoning Bylaws, Chapter 255.

The tax parcel(s) subject to the location of the dwelling unit to be used as the short-term rental must be in compliance with the Zoning Bylaw Dimensional Schedule.[2]

The tax parcel(s) for the dwelling unit designated for the short-term rental must be current on all local taxes and fees.

Owner-occupied short-term rentals.

Non-owner-occupied short-term rentals.

All applicable building and fire codes must be complied with.

Adequate on-site parking, as determined by the SPGA, shall be provided, to be determined by the number of bedrooms within the short-term rental.

No exterior signage is permitted.

There shall be no exterior storage of materials, equipment, vehicles or other supplies used in conjunction with the short-term rental business.

A business license from the Town Clerk must be obtained.

A lodging permit from the Board of Health must be obtained.

An annual short-term rental license must be obtained through the Building Commissioner.

The Planning Board may waive any of these conditions as deemed appropriate to the specific conditions of the site.

The Building Commissioner may adopt regulations for the administration of this bylaw and short-term rental special permits.

No more than one short-term rental is permissible on any one tax parcel, or group of parcels under common ownership.

Any approved special permit shall expire with a lapse or revocation of the annual rental registration license, and/or a change in ownership of the property. The special permit is nontransferable.