The proposed use would be suitably located in the neighborhood in which it is proposed and/or the total Town.

The use will be reasonably compatible with the character and scale of other uses permitted as of right in the same district.

The use will not constitute a nuisance by reason of an unacceptable level of air or water pollution, excessive noise or visually flagrant structures and accessories.

The proposed use will not constitute a substantial inconvenience or hazard to abutters, vehicular traffic or pedestrians.

Adequate and appropriate facilities will be provided for the proper operation of the proposed use, including special attention to safe vehicular circulation.

The proposed use shall comply with the sign regulations specified in this chapter.

The proposed use shall comply with any and all additional special permit criteria or special use regulations imposed on individual uses in this chapter.

The proposal will not create traffic congestion or impair pedestrian safety. Provision shall be made for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets, property or improvements.

The proposed project shall not create a significant adverse impact to the quality of surface water or groundwater during and after construction, and provision shall be made for maximizing groundwater recharge.

The design of the project shall provide for adequate methods of disposal of sewage, refuse or other wastes generated by the proposed use.

The design of the project shall minimize the visibility of visually degrading elements and protect the neighboring properties from potentially detrimental or offensive uses through the use of screening or vegetated buffer zones.

In reviewing site plans submitted with a special permit application, the special permit granting authority shall consider the site plan submittal and approval requirements of this chapter.

The proposal makes provision for the reduction of noise levels by plantings, screening, walls, fences or other devices.

The proposed use complies with the requirements of any overlay district in effect pursuant to this chapter.

The proposed use is in harmony with the general purposes and intent of this chapter.

The public good will be served by the proposed use.

The proposal reasonably protects the adjoining premises against possible detrimental or offensive effects from the uses on the site, including, but not limited to, unsightly or obnoxious appearances, air pollution, water pollution, drainage flooding, noise, vibration and lighting.

Setback and side and rear yards greater than the minimum required in this chapter.

Screening of parking areas or other parts of the premises from adjoining properties or from streets by the use of walls, fences, plantings or other such devices.

Limitations of size, number of occupants, method or time of operation or extent of facilities.

Modification of the exterior design or appearance of buildings, structures, signs or landscape materials.

Additional parking, loading or traffic requirements beyond the minimum required in this chapter.

Measures to protect against environmental pollution.

Performance bond or other security to insure that the project meets the conditions specified in the special permits.

Regulation of the number, design and location of access driveways and other traffic features of the proposed use.

Independent or Town monitoring at the expense of the applicant.

Requirements necessary to control dust, dirt and erosion during construction activity.

Limitations regarding the period of time the special permit may be in effect.

Such other limitations as may be reasonably related to reducing any adverse impact or which increase the compatibility of the proposed use, structure or activity with the adjoining area and neighborhood.

A proposed building or buildings on the subject property or properties for a new use which meets the following conditions:

A proposed new use on the subject property or properties which meets the following conditions:

A proposed new building or buildings on the subject property or properties to be utilized for an existing use which meets the following conditions:

A proposed addition to a subject property or properties without a change to the existing use on the subject property or properties which meets the following conditions:

An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must be submitted to the Planning Board office prior to filing in the Town Clerk's office. Said application must contain the following information in addition to the submittal requirements of any other section of Chapter 185:

An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must also include, when filed in the Town Clerk's office, a copy of any comprehensive impact statement required by Subsection E, below, and a certification by the applicant that the community meeting required by Subsection F, below, has been conducted. Said application will not be deemed to be complete and appropriate for filing with the Town Clerk's office, pursuant to Massachusetts General Laws Chapter 40A, Section 9, until such time as any comprehensive impact statement required by Subsection E, below, is submitted to the Planning Board, and the community meeting required by Subsection F, below, has been conducted. If a public hearing is required to be opened due to statutory time limits due to the premature filing of the application with the Town Clerk, a public hearing may be opened and the application shall be denied by the Planning Board, unless said time limits are extended by written agreement of the applicant and the Planning Board or its designee.

Upon submission of an application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above to the Planning Board office, the Town Planner will assess the following topics, with input from any other Town boards, commissions, or departments deemed relevant, and within 35 days of the submission of the application, circulate to the Planning Board members a written recommendation, including the factual basis and support for said recommendation, as to whether a comprehensive impact statement regarding one or more of the following topics is needed from the applicant:

An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above shall contain the applicant's opinion on whether a comprehensive impact statement regarding the topics listed in Subsection E(1) above is needed, and the factual basis and support for said position.

The Planning Board shall vote at its next meeting following the circulation of the recommendation of the Town Planner on whether or not a comprehensive impact statement regarding one or more of the above topics is required, taking into account the information contained in the latest version of the Planning Board's Comprehensive Impact Statement Handbook. The recommendation of the Town Planner will be adopted unless a majority of the Board vote to change the recommendation of the Town Planner, with a majority vote required for each proposed change to the recommendation. The Board must state the factual basis and support for any change in the recommendation of the Town Planner. Notice of the Board's decision regarding the comprehensive impact statement shall be provided to the applicant promptly.

Any required comprehensive impact statement must be submitted by the applicant within 30 days of the applicant being provided notice of the Planning Board's vote that a comprehensive impact statement is required, unless this time limit is extended by written agreement of the applicant and the Planning Board or its designee.

Any required comprehensive impact statement must comply with the requirements of the latest version of the Planning Board's Comprehensive Impact Statement Handbook.

Any required comprehensive impact statement must be submitted at least seven days prior to conducting a community meeting on an application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above.

Any required comprehensive impact statement must be certified by the applicant as being complete and accurate. Failure to comply with the requirements of the latest version of the Planning Board's Comprehensive Impact Statement Handbook, or submission of any substantial misrepresentation or misleading or omitted data, shall be grounds for denial of the application.

The applicant shall provide reasonable dates and times for a community meeting to be held at a suitable location in the Town of Southwick. Within seven days thereafter, the Town Planner will determine if the location is suitable, select one of the proposed dates and times and notify the applicant of the selection.

The applicant will timely give notice of the community meeting by publication in a newspaper of general circulation in the Town of Southwick once in each of two successive weeks, the first publication to be not less than 14 days before the day of the community meeting, and will provide notice of the meeting by U.S. First Class Mail, postage prepaid, to all parties in interest, as defined by M.G.L. Chapter 40A, Section 11. Publications and notices required by this section shall contain the name and address of the applicant; the name and address of the anticipated occupant(s)/tenant(s) (if known at the time of the application); a description of the area or premises, street address, if any, or other adequate identification of the location, of the subject property or properties; the date, time and place of the community meeting; a description of the proposed use for the subject property or properties; and a statement that the applicant's submission is available for public review in the Planning Board office. Prior to conducting a public hearing, the applicant shall provide the Planning Board with a copy of any and all publications and notices described above, a list of all parties in interest to whom notice was provided, and a certification that the requirements of this section were completed.

The meeting will be attended, at a minimum, by a representative of the applicant, a representative of the anticipated occupant(s)/tenant(s) (if known by the applicant at the time of the meeting), and a representative of the landscape architect/engineering firm associated with the project. If the applicant is the anticipated occupant(s)/tenant(s) and/or the landscape architect/engineering firm, a single attendee from those identical parties can satisfy the above requirement.

The meeting will be attended, at a minimum, by the Town Planner and/or a member of the Planning Board. A representative of the Department of Public Works, the Conservation Coordinator and/or a member of the Conservation Commission, and other relevant Town boards and departments will be notified by the Town Planner of the meeting and encouraged to attend.

The meeting will allow for a minimum of one hour of public questions and comments.

At the option of either the applicant or the Town Planner/Planning Board, the meeting may be conducted in hybrid format (in person and via a video conferencing platform) and may be recorded.

All costs associated with conducting the meeting will be borne by the applicant.

The information to be presented by the applicant at the meeting must include:

A community meeting must be conducted prior to a public hearing on an application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above.

An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must include a minimum lot size of five acres.

An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must not include new impervious surfaces which exceed 40% of the total lot area of the property or properties.

Total impervious surfaces of a grouped retail business use or mall proposal shall not exceed 45% of total lot area of the property or properties.

The location and boundaries of the lot, adjacent streets or ways, and the location and owners' names of all adjacent properties.

Existing and proposed topography, including contours, the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding and unique natural land features.

Existing and proposed structures, including dimensions and elevations.

The location of parking and loading areas, driveways, walkways and access and egress points.

The locations and a description of all proposed septic systems, water supply, storm drainage systems, utilities and refuse and other waste disposal methods.

Proposed landscape features, including the location and a description of screening, fencing and plantings.

The location, dimensions, height and characteristics of proposed signs.

The location and a description of proposed open space or recreation areas.

Any additional information required elsewhere in this chapter.

Measures to prevent pollution of surface and ground water, increased runoff, changes in groundwater levels and flooding.

Design features which will integrate the proposed development into the existing landscape, maintain neighborhood character, enhance aesthetic assets and screen objectionable features from neighbors and roadways.

Control measures to prevent erosion and sedimentation and the sequence of grading and construction activities, installation of control measures and final stabilization of the site.

Estimated average daily and peak-hour vehicle trips to be generated by the site and traffic flow patterns for both vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site.

The proposal must conform to the special permit requirements as listed elsewhere in this chapter.

The development shall be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible:

Architectural style shall be compatible with the rural/historic character and scale of buildings in the neighborhood and the Town through the use of building materials, screening, breaks in roof- and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings.

The development shall be served with adequate water supply and waste disposal systems.

The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways.

The site plan shall show adequate measures to prevent pollution of surface or ground water, to minimize erosion and sedimentation and to prevent increased potential for flooding. Drainage shall be designed so that runoff shall not be increased, groundwater recharge is maximized and neighboring properties will not be adversely affected.

The development will not place excessive demands on Town services and infrastructures.

Electric, telephone, cable television and other such utilities shall be underground where physically and environmentally feasible.

Exposed storage areas, machinery, service areas, truckloading areas, utility buildings and structures and other unsightly uses shall be set back or screened to protect the neighbors from objectionable features.

The site plan shall comply with any and all zoning requirements for parking, loading, dimensions, environmental performance standards and all other provisions of this chapter.

Farms, lumbering, stables, commercial greenhouses and kennels for purpose of agriculture, forestry and animal husbandry, under the following conditions:

Municipal parks, playgrounds and recreational and community buildings, grounds for games and sports and country clubs, the chief activity of which is not conducted for profit.

Buildings used for governmental uses, either Town, county, state or federal.

Signs in conjunction with the above uses subject to the requirements of Article VI, § 185-29A, herein.

Accessory uses customarily incidental to any use permitted herein.

Single-family residences may be granted special permits by the Planning Board as an exception subject to the following conditions:

For small scale, ground mounted, photovoltaic systems see § 185-23.2.

Any use permitted in Article IV, § 185-11, Agriculture and Conservation District AC, including farms, commercial greenhouses, lumbering and stables, which, when operated for profit, shall be permitted subject to the provisions of Article IV, § 185-11B, only on a minimum tract of five acres. Commercial dog kennels are prohibited.

Single-family permanent dwellings, provided that only one dwelling shall occupy one lot as specified in Article V, Height and Area Requirements.

Two-family permanent dwellings, provided that there shall be a fifty-percent increase in the minimum lot area. Approved separate water and sewerage systems are required. There shall be a minimum frontage of 250 feet and a minimum distance of at least 1,500 feet in any direction from any other two-family dwelling.

Churches and other places of worship, parish houses and Sunday school buildings and social centers.

Public schools, public libraries and museums and private schools, including nursery schools. Tractor-trailer and heavy equipment schools are prohibited.

Public or semipublic institutions of a philanthropic or charitable character, hospitals, sanatoriums and other medical institutions, provided that proper sewerage be required for any establishment containing more than six beds or full-time patients or occupants. Principal structures shall be located not less than 100 feet from any street line or property line.

On a minimum parcel of 40,000 square feet, the keeping of a small flock of poultry, not to exceed 25, and the keeping of saddle or riding horses and other farm animals, for the personal use of the occupant or occupants, may be permitted, provided that any required enclosure or building for such animals shall hereafter be located not less than 100 feet from any street line and 100 feet from any dwelling on an adjacent lot (subject to Board of Health criteria).

The office of a physician, surgeon or dentist, or any similar professional office, provided that it is situated in the same dwelling used by the person as his private residence and not more than two persons shall be regularly engaged in the activity.

Customary home occupations, as defined in Article II, Definitions, § 185-4, herein.

Signs in conjunction with the above uses, subject to the provisions of Article VI, § 185-29A, herein.

Accessory uses customarily incidental to any use permitted herein.

Any use permitted in Article VI, § 185-34, Commercial recreation, upon the issuance of a special permit by the Planning Board and subject to all the provisions thereof.

For small scale, ground mounted photovoltaic systems see § 185-23.2. Large scale, ground mounted, photovoltaic systems are not allowed in this zoning district. See § 185-23.2 Table 1.

Any use permitted in Article IV, § 185-12, Residence Zone R-40, subject to all provisions thereof.

Signs in conjunction with the above uses, subject to the provisions of Article VI, § 185-29A herein.

Accessory uses customarily incident to any use permitted herein.

In appropriate cases and subject to appropriate safeguards, the Planning Board may grant special permits for the following uses of land or buildings after compliance with all the requirements of this chapter:

For small scale, ground mounted photovoltaic systems see § 185-23.2. Large scale, ground mounted, photovoltaic systems are not allowed in this zoning district. See § 185-23.2 Table 1.

Any use permitted in Article IV, § 185-13, Residence Zone R-20, subject to all the provisions thereof.

Residential apartment houses. The Planning Board may grant a special permit for residential apartment houses in the R-20-A District subject to the following conditions and any other requirements of this district:

For small scale, ground mounted photovoltaic systems see § 185-23.2. Large scale, ground mounted, photovoltaic systems are not allowed in this zoning district. See § 185-23.2 Table 1.

Any use permitted in Article IV, § 185-13, Residence Zone R-20, subject to all the provisions thereof.

Housing for elderly persons and/or handicapped persons.

For small scale, ground mounted photovoltaic systems see § 185-23.2. Large scale, ground mounted, photovoltaic systems are not allowed in this zoning district. See § 185-23.2 Table 1.

Any use of buildings, structures and land permitted in a Residence R-20 Zone, except apartment-type dwellings and single-family residences.

Personal service store.

Hotel, motel or inn.

Retail store.

Business or professional office or bank.

Indoor theater, hall or club.

Funeral home.

Restaurants, taverns or other eating places.

Filling stations or garages, if authorized by a special permit from the Planning Board, subject to the requirements of Article VI, § 185-31, and Article VII, § 185-40.

Wholesale business and storage warehouse, not including a junkyard, junk storage or scrapping of automobiles, or parts, or salvage thereof.

Newspaper and job printing.

Salesroom or lot for sales for motor vehicles, provided that no new use shall be sited closer than 1,000 feet from any existing such salesroom or lot.

Scientific research and related production.

Storage and distribution of lumber and building materials.

Signs in conjunction with the above uses, subject to the requirements of Article VI, § 185-29B, herein.

Accessory uses customarily incident to any use permitted herein.

Miniature golf course, batting cage and related activities if authorized by the issuance of a special permit from the Planning Board.

For small scale and large scale ground mounted photovoltaic systems see § 185-23.2 which requires site plan approval for small scale, ground mounted, photovoltaic systems and special permit or large scale ground mounted photovoltaic systems and site plan approval for large scale ground mounted photovoltaic systems.

Bank.

Signs in conjunction with the above use, subject to the provisions of Article VI, § 185-29, herein.

Off-street parking and loading, subject to the requirements of Article VI, § 185-30, herein.

Accessory uses customarily incident to any use permitted herein.

Any accessory use for an existing residence including barns, breezeways, garages, swimming pools and tool sheds shall be permitted without special procedure.

Existing businesses may enlarge up to 1,000 square feet or 10%, whichever is greater, without special permit procedure.

All uses permitted in Article IV, § 185-16, Business Zone B, subject to a special permit from the Planning Board.

Photovoltaic systems: Large scale, ground mounted photovoltaic systems shall require both a special permit and site plan approval, as set forth in § 185-23.2. For small scale, ground mounted photovoltaic systems, a Site Plan approval is required, as set forth in § 185-23.2.

Any new structure(s) or alteration of existing structure that proposes a mixture of uses permitted in Article IV, § 185-16, Business Zone B, and residential use, subject to a special permit from the Planning Board.

In designing and building all structures and alterations thereto, a good faith attempt shall be made by the Planning Board and the applicant to meet the design requirements of the Town of Southwick Design Guideline Handbook, if commercially reasonable.

The Planning Board and the applicant shall attempt to have reasonably consistent architectural elements in the structures, and any alterations thereto, to provide continuity in accordance with the Town of Southwick Design Guidelines Handbook. Building designs with large expanses of undifferentiated facades and long plain wall sections shall be discouraged. All exterior building elevations on the front and street facing side shall be designed so as to avoid or minimize large expanses of blank walls on the front and street facing side. In order to assure conformance with this requirement, exterior elevations must be reviewed and approved as a part of the overall final plan process by the Planning Board.

The total footprint of all structures and impervious surfaces shall not exceed 75% of the total tract of land being developed or altered, unless the existing structures and impervious surfaces currently exceed this limit, in which case the total footprint may not be increased.

Landscape planting, including trees, shrubs, grass or ground cover, shall be provided and permanently maintained by the owner in the area required for setback from property and street lines, to the satisfaction of the Planning Board. All existing natural growth shall be preserved where practicable. Where a property in the Business Restricted Zone abuts a property in the Residence Zone on the side or rear, a dense planting at least 30 feet in width shall be provided. The Planning Board may require more extensive plantings or opaque fencing if unusual conditions demand more screening or noise abatement.

Amenities, such as benches, sidewalks, covered refuse cans/bins, planters, bike racks, etc., may be required by the Planning Board.

Proposed mixed uses shall minimize visual and functional conflicts between business and residential uses, keeping the integrity of the underlying Business Restricted Zone BR.

To maintain the intent of the Business Restricted Zone BR, any residential uses allowed as a part of a mixed use development shall be located above the floor/street level of the building or in the first floor portions of the building that do not front the street or have access on the street frontage.

Before any building permits may be issued or before any construction of any building or land improvement, a site plan shall be submitted to the Planning Board. The site plan shall be signed by a registered engineer, land surveyor or a landscape architect.

The Planning Board shall hold a public hearing to review the site plan and may impose reasonable conditions that the Planning Board determines are necessary to conform with the intent of this bylaw.

The site plan may be submitted to the Board of Health for its review and recommendations to the Planning Board. Such comments and recommendations by the Board of Health shall be transmitted to the Planning Board and be made a part of the record of such public hearing.

The application to the Planning Board shall be accompanied by six copies of a site plan.

The site plan shall include (a) existing boundaries of the lot or parcel, (b) exterior elevations of all existing and proposed structure(s), (c) existing topography and proposed grading, (d) proposed drainage, lighting, facilities with data for sewage, refuse and waste disposal, landscaping, parking, driveways, access ways and sidewalks, and amenities, such as benches, sidewalks, covered refuse cans/bins, planters, bike racks, etc., and (e) other uses and open spaces.

No building permit shall be issued in the Business Restricted Zone BR except in accordance with the approved site plan.

Processing, distribution and storage of milk, ice cream and other dairy products.

Manufacture and processing of food products, including candy.

Storage and distribution of lumber and building materials.

Manufacture or processing of mill work and other wood products.

Manufacture or processing of metal products in a machine shop or blacksmith shop.

Laundering and dry cleaning.

Printing, engraving and bookbinding.

Processing or warehousing of tobacco.

Manufacture or processing of stone, concrete or clay products for structural or monumental purposes.

Public storage of goods in fireproof warehouses.

Public utilities.

Any use permitted in Business B Zone, except residential uses.

Signs in conjunction with the above uses, subject to the provisions of Article VI, § 185-29B, herein.

Accessory uses customarily incident to any use permitted herein.

All uses shall be subject to the performance standards of Article IV, § 185-19, Industrial Restricted Zone.

For small scale and large scale, ground mounted photovoltaic systems see § 185-23.2 which requires both large scale and small scale ground mounted photovoltaic systems to obtain site plan approval and a special permit for large scale ground mounted photovoltaic systems.

No racetracks where parimutuel betting is allowed shall be permitted. The schools or nonprofit organizations located in the Town of Southwick running competitive sporting events shall comply with all safety and health standards. Location of events shall be restricted to the present R-20-A Zone and on a minimum of 20 acres, to be approved by the Board of Selectmen. Fees, if required, shall be set by the Board of Selectmen which will issue the necessary licenses and permits.

Tourist cabins.

Crematories.

Asphalt manufacture or refining of tar products.

Drop forge or foundry.

Incineration reduction or dumping of offal or disposal of garbage on a commercial basis.

Junkyards, including the storage of any unregistered vehicles outside of a building or structure, provided that one unregistered vehicle may be temporarily stored on the premises for a period of time not to exceed three months; penalty for a breach thereof shall be recovered by complaint before a proper court. This section shall not apply to motor vehicles which are designed and used for farming purposes, contractors' equipment and present and future holders of Class 1 and Class 2 motor vehicle licenses in accordance with MGL c. 140, § 58.

Slaughterhouses.

Piggeries, except as permitted by Article VI, § 185-35.

Any storage of soil, stone, gravel, sand or road material within 100 feet of a public way.

Printing, engraving and bookbinding.

Signs in conjunction with the above uses, subject to the provisions of Article VI, § 185-29B, herein.

Off-street parking and loading, subject to the requirements of Article VI, § 185-30, herein.

Accessory uses customarily incident to any use permitted herein.

Any accessory use for an existing residence including barns, breezeways, garages, swimming pools and toolsheds shall be permitted without special permit procedure.

Existing businesses or industries may enlarge up to 1,000 square feet or 10%, whichever is greater, without special permit procedure.

Adult entertainment uses subject to a special permit by the Planning Board and subject to the provisions of Article VI, § 185-35.1 herein.

For small scale and large scale, ground mounted photovoltaic systems see § 185-23.2 which requires the issuance of site plan approval pursuant to § 185-23.2.

Before any building permits may be issued or before any construction of any building or land improvement, a site plan shall be submitted to the Planning Board. The site plan shall be signed by a registered engineer, land surveyor or a landscape architect.

The Planning Board shall hold a public hearing as provided by Chapter 40A of the General Laws of the Commonwealth of Massachusetts.

The site plan may be submitted to the Board of Health for its review and recommendations to the Planning Board. Such comments and recommendations by the Board of Health shall be transmitted to the Planning Board and be made a part of the record of such public hearing.

Application to the Planning Board shall be accompanied by two or more copies of a site plan showing existing boundaries of the lot or parcel, existing topography and proposed grading, proposed drainage, proposed lighting, proposed facilities with data for sewage, refuse and waste disposal, and the extent and location of proposed structures, parking, accessways, other uses and open spaces.

Any parking space or area shall not be closer than 20 feet to the nearest property line abutting a street or to any residential zone; nor shall any exterior parking space or area be closer to any building on the property than 10 feet. All driveways shall be hard-surfaced and at least 26 feet in width.

Landscape planting, including trees, shrubs, grass or ground cover, shall be provided and permanently maintained by the owner in the area required for setback from property and street lines to the satisfaction of the Board. All existing natural growth shall be preserved where practicable. Where an Industrial Restricted Zone abuts a Residence Zone on the side or rear, a dense planting at least 30 feet in width shall be provided. The Board may require more extensive plantings or opaque fencing if unusual conditions demand more screening or noise abatement.

The following performance standards shall be met:

No building permit shall be issued in an Industrial Restricted Zone except in accordance with the approved site plan.

No site plan shall be approved which is inconsistent with the public welfare or which impairs the integrity of this chapter, or which does not fully safeguard the appropriate use of the land in the immediate neighborhood.

Promote the health, welfare and safety of the occupants of land against the hazards of flooding.

Preserve and protect the streams and other watercourses in Southwick and the lands which adjoin these waterways.

Preserve and maintain the groundwater table and water recharge areas for water supply and surface water exchange purposes.

Protect the community against detrimental uses and development and to minimize losses by provisions designated to:

The boundaries of said Flood Hazard and Wetlands District FH in Subsection A(10) above is herein established as an overlay district. The District includes all special flood hazard areas within the Hampden County designated as Zone A and AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the Town of Southwick are panel numbers 25013C0352E, 25013C0354E, 25013C0358E, 25013C0359E, 25013C0360E, 25013C0361E, 25013C0362E, 25013C0364E, 25013C0366E, 25013C0367E, 25013C0368E, 25013C0369E, 25013C0378E, 25013C0379E, 25013C0386E, 25013C0387E, 25013C0502E, and 25013C0506E dated September 17, 2014. 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 Hampden County Flood Insurance Study (FIS) report dated September 17, 2014. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

The boundaries of the Flood Hazard and Wetlands District shall be determined by scaling distances on the FEMA Flood Insurance Rate Map. When interpretation is needed as to the exact location of the boundaries of the district, the Conservation Commission shall make the necessary interpretation.

The Flood Hazard and Wetlands District shall be considered as overlying other districts. The following uses, which have low flood damage potential and which do not represent a hazard to other lands during times of flood, shall be permitted within the Flood Hazard and Wetlands District subject only to such controls which exist as to these regulations:

All other uses are prohibited unless authorized as an exception by special permit from the Planning Board according to the provisions set down in Subsection E.

The applicant shall demonstrate that the proposed use will not in fact increase the flood hazard potential of any area.

The Planning Board shall find that the proposed use will not be detrimental to the public health, safety and welfare, and will not detract from the purposes of this chapter. The proposed use must comply in all respects to the provisions of the underlying district or districts within which the land is located.

The proposed use will not overload any public water, drainage or sewage systems or any other municipal system so that any area of the Town will be unduly subjected to hazards affecting health, safety or the general health.

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.

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.

In a riverine situation, the Conservation Commission Coordinator shall notify the following of any alteration or relocation of a watercourse:

In Zone AE, along watercourses within the Town of Southwick that have a regulatory floodway designated on the Hampden County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

All subdivision proposals must be designed to assure that:

In order that the Planning Board may determine that the above-mentioned conditions are met, a site plan of one inch equals 100 feet, prepared by a by a registered engineer, land surveyor or a landscape architect, shall be submitted in quintuplicate to the Planning Board by the applicant. The site plan, which shall include the area within 500 feet of the proposed use, shall show at least the following:

Within 10 days after receipt of said site plan the Planning Board shall submit a copy of said site plan to the Board of Health, Conservation Commission and Building Inspector for review. The Planning Board shall schedule no hearing nor take final action on such plans until it has received a written report from said Boards, Commissions and Inspectors or until 35 days have elapsed. Said reports shall be made a part of the public hearing. In considering a site plan, the Planning Board shall find all the following requirements to have been fulfilled:

Estate lots shall be created from one lot which conforms to all the provisions of this chapter, except the frontage requirements for a standard lot. No more than two estate lots may be created from an existing lot or parcel of property.

No lot eligible for estate lot development shall be subsequently subdivided except as provided in Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick.

An estate lot shall be used for single-family purposes only.

An estate lot shall have a minimum area of five acres, excluding the access strip.

An estate lot shall have a minimum frontage of not less than 50 feet and an access width of not less than 50 feet from the front lot line to the principal structure. The front lot shall meet all of the zoning dimensional requirements required in the zoning district in which the lot is located.

No subdivision of land will be allowed for the creation of estate lots which will create or constitute only estate lots in the subdivision.

No estate lot shall be created, and no special permit shall be granted hereunder for such an estate lot, which is within 200 feet of another estate lot in a Residence Zone R-40 (Article IV, § 185-12) or within 150 feet of another estate lot in a Residence Zone R-20 (Article IV, § 185-13), except as may otherwise be specifically permitted elsewhere in this chapter. Such distances shall be measured along the frontage of the property, on the same side of the street upon which the property is located.

The width of the estate lot where the single-family dwelling is to be constructed and erected shall equal or exceed the distance normally required for frontage in that zoning district.

All building front, back and side setback lines shall be at least 75 feet from any lot line.

If more than one estate lot is to be created within any given parcel of land, such parcel must have a minimum area of 12 acres, excluding the access strips.

At no time will an estate lot be allowed to be created, nor will a special permit be issued hereunder, which creates an adjacent substandard lot which does not meet all the zoning dimensional requirements of the zoning district in which such lot is located.

The grade, length and location of access driveways shall be constructed and maintained to provide:

There shall be maintained or kept a naturally occurring or a planted vegetated buffer zone between any estate lot and any front lot sufficient to provide privacy between the two lots.

The plan for any such estate lot shall include a statement thereon that "Lot is an estate lot; building thereon is permitted only in accordance with the special permit estate lot provisions of the Zoning Bylaws of the Town of Southwick."

The Planning Board shall not endorse any plan under the Subdivision Control Law[1] for the purpose of creating an estate lot unless the plan depicts the entire parcel from which the estate lot is to be created.

A copy of the plan for an estate lot shall be included as part of any application for a building permit. A building permit for an estate lot shall be issued only after a survey plan has been endorsed by the Planning Board and other boards as deemed appropriate by the Planning Board.

The Wellhead Protection District is herein established to include all lands within the Town of Southwick lying within the primary aquifer recharge area of groundwater aquifers which now or may in future provide public water supply. The map entitled "Town of Southwick, Commonwealth of Massachusetts, Wellhead Protection District," dated March 26, 2007, referenced in Article III, § 185-5E, of this chapter which is 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. At the request of the owner(s), the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer or primary aquifer recharge area, and may charge the owner(s) for all or part of the cost of the investigation.

Single-family residences;

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

Foot, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure;

Conservation of soil, water, plants and wildlife;

Farming, gardening, nursery, conservation, forestry, harvesting and grazing;

Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted;

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts and tunnels;

Day-care centers, family day-care homes and school age child care programs;

Structures for educational and religious purposes.

Business or industrial uses, or facilities which generate, treat, store or dispose of hazardous materials or wastes including, but not limited to, metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning, metal fabrication or manufacturing, foundries, petroleum refining, photographic processing, leather tanning, electrical circuit manufacturing, degreasing operations, plastics processing, fuel oil sales and auto body repair, or which involve on-site disposal of process waste waters, except for the following:

Trucking terminals, motor vehicle gasoline sales, motor vehicle and boat service and repair shops, tractor-trailer cab and trailer storage, car washes, automotive body and repair shops.

Solid waste landfills, dumps, auto recycling, junk and salvage yards, landfilling or storage of sludge and septage. Transfer waste stations operated by the Town of Southwick are specifically exempted herefrom.

Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto.

Storage of liquid petroleum products and/or liquid hazardous materials, as defined in MGL c. 21 E, except for the following:

Outdoor storage of pesticides or herbicides;

Storage of de-icing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

Storage of animal manure, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate;

Dumping or disposal of any hazardous material or hazardous waste on the ground, in water bodies, in septic systems, or in other drainage systems. This shall include septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane;

Wastewater treatment works subject to a groundwater discharge permit under 314 CMR 5.00, except the following:

Stockpiling and disposal of snow and ice containing de-icing chemicals brought in from outside the district;

Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

Residential, commercial and industrial uses within Zone I of any municipal water supply well. Only water supply activities are allowed within Zone I.

Multifamily residential uses which are not served by the municipal sewer system.

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 closed to the public in winter.

Storage areas for road de-icing chemicals shall be covered and be located on a paved surface, with berms to prevent runoff from leaving the site.

Above ground storage tanks for oil, gasoline or other petroleum products shall be placed in a building on a diked, impermeable surface sufficient to contain 1 1/2 the volume of the tank to prevent spills or leaks from reaching groundwater.

In accordance with the State Plumbing Code, all vehicle maintenance facilities must have floor drains, unless they receive a variance from the State Plumbing Board, which must be connected to a municipal sewer system or to a state holding tank in unsewered areas. All other facilities which use, store, maintain hazardous materials or wastes must, with state approval, seal floor drains or connect them to a sewer system or holding tank.

For commercial, residential and industrial uses, to the extent feasible, all runoff from impervious surfaces shall be recharged on the site by stormwater infiltration basins, infiltration trenches or similar systems covered with vegetation. Such runoff shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only when other methods are unfeasible, and for commercial and industrial uses a permit is required from the Massachusetts Department of Environmental Protection. All such basins and wells 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. Infiltration systems greater than three feet deep shall be located at least 100 feet from drinking water wells, and shall be situated at least 10 feet down gradient and 100 feet up gradient from buildings to avoid seepage problems. Infiltration basins and trenches shall be constructed with a three-foot minimum separation between the bottom of the structure and the maximum groundwater elevation.

The following uses are permitted only upon the issuance of a special permit by the Planning Board under such conditions as they may require:

Requirements for a special permit in the Wellhead Protection District. The applicant shall file six copies of a site plan prepared by a qualified professional with the Planning Board. The site plan shall at a minimum include the information required under Article VI, § 185-37, of this chapter as well as the following information where pertinent.

Additional procedures for a special permit in the Wellhead Protection District.

Nonconforming use. Nonconforming uses which were lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this chapter may be continued. Such nonconforming uses may be extended or altered only as permitted in these Zoning Bylaws and only if there is a finding by the Planning Board pursuant hereto that such change does not increase the danger of surface or ground water pollution from such use.

Allow for greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than what is normally allowed in the district in which the flexible residential lot is to be located.

Encourage the permanent preservation of open space, agricultural lands and other natural resources.

Maintain the traditional New England rural character and land use pattern in which small villages contrast with open space and farmlands.

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

Encourage a less sprawling form of development that consumes less open land.

Ensure that residential developments respect the natural features of the land, including wetlands and watercourses, forests, prime agricultural land, steep slopes, significant plants and wildlife, historic sites, scenic areas and rural character, to the maximum extent possible.

Zoning district applicability. In the interest of promoting the foregoing objectives, flexible residential development (FRD) shall be permitted in Residence Zone R-40, Residence Zone R-20, Residence Zone R-20-A and Residence Zone R-20-B only upon issuance of a special permit and site plan approval from the Planning Board as specified in this chapter, and only in accordance with the additional requirements set forth herein. Such residential developments shall be permitted in such zoning districts on lots of lesser dimension than would otherwise be required within the zone if the conditions and requirements of this section are met. The flexible residential development (FRD) acts as a floating zone which can be applied anywhere within said zoning districts unless otherwise restricted by the prohibitions set forth in any overlay zoning district contained in this chapter.

Subdivision size. FRD special permits apply to proposals for major residential developments only. "Major residential developments" are developments of at least five dwelling units to be built within five years on one parcel or on contiguous parcels under the same ownership, or developments which seek to subdivide a parcel or parcels of property containing five acres or more of land. Major residential developments as herein defined shall be FRD developments and shall comply with all of the conditions and requirements of the bylaws unless the applicant can satisfy the Planning Board that a conventional residential development better fulfills the objections and purposes of this chapter. Minor residential developments which contain fewer than five acres of land or which provide for fewer than five dwelling units may be either conventional or FRD. In any event, all FRD developments shall require a special permit and site plan approval from the Planning Board.

The development shall include only those residential uses authorized in this chapter for the underlying zoning district in which the land to be developed is located.

The minimum land required for a flexible residential development shall be five acres and the parcel shall be held in single ownership or control at the time of the application.

Each lot shall have adequate access on a public way or a way which has been approved under the Subdivision Control Law, MGL C. 41, § 81K et seq.

Each lot shall be of such size and shape to provide a building site which shall be in harmony with the natural terrain and other features of the land.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation, facilities, roadways, driveways and parking.

Each lot shall conform to the dimensional and density requirements hereinafter set forth.

The site plan shall identify the location and extent of all wetlands on the site as determined by the Conservation Commission under the Massachusetts Wetlands Protection Act, MGL C. 131, § 40.

Lots shall be laid out and designed, to the greatest extent feasible, to protect natural and historic resources. To accomplish the foregoing, site design shall comply with the following regulations:

The following additional environmental protection objectives shall be observed in site design to the greatest extent feasible:

All structures built in a Residence Zone R-20-A and in a Residence Zone R-20-B which require plumbing shall be connected to a public sanitary sewer, if available, or to a communal septic system at no expense to the municipality. All structures built in a Residence Zone R-20 and in a Residence Zone R-40 which require plumbing shall be connected to a public sanitary sewer, if available, or shall be required to meet the requirements of Title V, 310 CMR 15.00 to 310 CMR 15.99, as amended, at no expense to the municipality.

For dwelling units to be served by an on-site communal waste disposal system, the applicant shall submit a communal septic system design prepared by a certified engineer and approved by the Board of Health and a plan illustrating the location of water supply wells with the special permit application. No communal septic system serving the development shall exceed sewage flow of 2,000 gallons per day. Communal septic systems shall be placed in the development to maximize the distance between systems and shall be placed within common areas rather than on individual lots. Maintenance of communal septic systems shall be the responsibility of the community association specified in this chapter. No FRD development shall be approved unless the applicant can demonstrate to the satisfaction of the Planning Board that the potential for groundwater pollution is no greater from the proposed development than would be expected from a conventional subdivision with single-family houses on lots meeting the normal lot size requirements located on the same parcel. Where necessary, the Planning Board may hire a professional engineer to analyze and certify groundwater quality impacts and may charge the applicant for the cost of such analysis.

Unless otherwise specified herein, a flexible residential development shall comply with all provisions of this chapter, with Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick, and with all the provisions of any overlay district provided under this chapter, as amended.

A detached dwelling, or lawful accessory building, may be constructed on a lot with an FRD development although such lot has less area and frontage than normally required, as herein specified.

The maximum number of dwelling units permitted in an FRD development shall be calculated based on the density and open space requirements set forth in Table I.[2]

Under the supervision of the Conservation Commission and in accordance with the provisions of the Wetlands Protection Act, MGL C. 131, § 40, all wetlands shall be identified and their area subtracted from the net developable acreage of the total parcel.

Prior to the issuance of a building permit on a lot within the development, a percolation test or tests shall be conducted under the supervision of the Board of Health, and a disposal works construction permit shall be issued, all in conformity with Title V, 310 CMR 15.00 to 310 CMR 15.99, as amended. Septic systems shall be placed in the development to maximize the distance between systems.

Lot sizes shall be those specified in Table I.

In no instance shall a designated lot have frontage of less than that specified in Table I.

All residential structures and accessory uses within the development shall be set back from the boundaries of the development by a buffer strip of at least 50 feet in width which shall include trees and shall be kept in a natural or landscaped condition.

All land not devoted to buildings, impervious surfaces, roads or other development shall be set aside as common land for recreation, conservation or agricultural uses which preserve the land in essentially its natural condition.

The total area of common open space shall equal or exceed the minimums required in Table I.[3]

The following lands shall not be used to meet the open space requirements:

Further subdivision of common open land or its use for other than recreation, conservation or agriculture, except for easements for underground utilities and septic systems, shall be prohibited. Structures or buildings accessory to recreation, conservation or agricultural uses may be erected but shall not exceed five-percent coverage of such common open land.

All common open land shall be either:

In the event that a community association shall be established, it shall be a nonprofit, incorporated association requiring membership of each lot owner within the FRD development. The community association shall be responsible for the permanent maintenance of all communal water and septic systems, common open space, recreational and thoroughfare facilities. A community association agreement of covenant shall be submitted with the special permit/site plan approval application guaranteeing continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Board, and shall be recorded in the Hampden County Registry of Deeds as a condition of any special permit issued hereunder. Such agreements or covenants shall provide that in the event that the association fails to maintain the common open land in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.

In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded to ensure that such land shall be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways. Such restrictions shall further provide for maintenance of the common land in a manner which will ensure its suitability for its function, appearance, cleanliness and proper maintenance of drainage, utilities and the like.

Applicants for flexible residential developments shall follow the special permit procedures and site approval plan procedures and requirements set forth elsewhere in this chapter.

Applicants are required to submit four copies of a preliminary plan and a definitive plan for the entire tract to be considered for an FRD development, setting forth the information required for preliminary and definitive plans under Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick, as amended, whether or not all of the proposed development constitutes a subdivision as defined under the Subdivision Control Law.[4] An application for a special permit and site plan approval shall be submitted with the preliminary plan, which shall meet all of the requirements for an FRD development under this chapter. At the option of the applicant, a definitive plan may be filed without seeking prior approval of a preliminary plan, all in accordance with said Subdivision Rules and Regulations. However, it is suggested that preliminary plans be filed. The special permit application shall include a description of all proposed dwelling units, amenities and other information required hereunder, and a description of the proposed ownership and use of open space.

Applicants are required to submit four copies of an environmental impact statement (EIS) to the Planning Board at the time that the special permit application is filed. The EIS shall include the following:

Applicants are required to file with the Planning Board and the Board of Health development plans for proposed water supply and sewage disposal at the site. Such submissions shall include the supporting engineering reports for on-site water supply and sewage disposal systems; and an analysis for impacts and costs if public water and sewer systems are available for use at the site.

Review.

Decision. The Planning Board shall approve the special permit for flexible residential development or approve it with conditions if it finds that the development plan on balance will better serve the Town of Southwick and the neighborhood surrounding the development than a development likely to occur without such approval.

WCFs and WCTs shall be erected or installed in compliance with the provisions of this section. In all cases, except interior WCFs, a special permit is required from the Planning Board and a proposed new or modified WCF or WCT may also be subject to site plan review according to § 185-37 of this chapter. Any proposed modification of, or construction of, a new or replacement facility will be subject to a new application for a special permit, subject to certain exceptions for eligible facilities requests addressed herein.

A major WCF should be located to:

If a WCF or WCT is not substantially in commercial operation for a period of one year, it shall be removed, and the site shall be returned to its preexisting condition by the owner of the facility and/or by the owner of the property within 180 days of written notice by the Town. Site restoration under this clause shall be subject to site plan review.

A major WCF shall not be approved unless the Planning Board finds that one or more new or existing minor WCFs cannot address the service needs of the WCS provider in Southwick.

All major and minor WCFs, including any towers, shall be suitably screened/camouflaged/concealed to a sufficient degree to protect public views and residential neighbors from objectionable views and prevent degradation of the quality of visual experience of the area, including, but not limited to: scenic views, historic architectural features, neighborhood characteristics, and other ways the community experiences the WCF. The Planning Board may require minor WCFs to be configured with such materials or painted so as to blend in appearance to the extent practicable with the building or structure upon which it is installed.

Exemptions.

A set of engineered drawings with the customary sheets, typically including:

Photographs/drawings/renderings depicting views of the proposed WCF from the site and nearby locations off the parcel, including views from abutting streets and ways.

The following information prepared by one or more qualified persons:

The applicable filing fee, review fee, and advertising and mailing fees.

If the applicant is not the owner of the property and/or mounting structure, the owner(s) shall sign the application or provide a letter of permission. The applicant shall also submit evidence of a signed contract between the applicant and the property owner. If the owner is the Town of Southwick, a lease agreement between the Town and the applicant shall establish authorization from the Town.

If the applicant is not the holder of the FCC license(s) pertaining to the WCF permit application, the applicant shall provide documentation from licensee(s) that they have committed to utilizing the WCF if it is approved.

A performance bond must be posted to the Town equivalent to the cost of removing such towers and other WCFs at present day costs. No building permit will be issued until the Town Treasurer receives this bond.

If a tower or other WCF is on Town property, a certificate of insurance for liability coverage in the amount of $1,000,000 must be provided naming the Town of Southwick as additionally insured.

If a tower or other WCF is on Town property, an agreement shall be made whereby the user indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use or occupancy of the Town owned property by the user.

Any application involving the re-use of an existing tower and any change to equipment mounted thereupon shall be accompanied by a stamped report by a structural engineer certifying to the suitability of said re-use and change.

The tests shall be conducted no later than the Sunday before the first day of the public hearing on the application.

Each test shall be advertised at the applicant's expense in a newspaper of general circulation in Southwick at least one week prior to each test.

At least one test shall be conducted on a weekday and one test shall be conducted on a weekend day.

Written notice of the test shall be given to the owners of property within 300 feet of the proposed property at least one week prior to the test.

A photosimulation report from each balloon/crane test shall be submitted by the applicant, with a description of report methodology, existing and simulated view photos, and map of photo locations included therein.

Photosimulation photographs shall be made with a focal length equivalent to a reference 35 mm film "full-frame" camera equipped with 50-55 mm focal length lens.

To improve efficiency, the Planning Board may delegate the coordination of a balloon test to staff. The Planning Board and/or staff may impose reasonable requirements, including on the height, size, shape, and color of the balloon(s), as well as locations of special interest and concern for photographing, even if there is low probability of the WCT being visible there.

All towers will be designed to be constructed at the minimum height necessary to accommodate the proposed use. The sharing of existing structures, especially towers, by additional WCF operators is encouraged when doing so does not substantially increase undesirable visual impacts, such as by increasing the approved tower height to accommodate site-sharing. Depending on the visual impacts of a proposed new tower, the Planning Board may consider waiving the minimum-height-necessary requirement and approving a height that provides additional space with minimal increase in visual impact.

The setback of a tower from the property line of the lot on which it is located to the center of the tower shall be greater than or equal to 1 1/2 times the height of the tower, unless the Planning Board determines in a written finding that a location closer to the property line is advantageous because the proposed location minimizes visual impacts without materially impacting the neighboring uses. The Planning Board has the discretion to require a setback greater than 1 1/2 times the height of the tower if it finds that the increase is appropriate to reduce a material impact on neighboring uses. In no case shall the setback be reduced to less than one times the height to a residential property line with a neighboring residence within 250 feet of the same point on the property line or be reduced to less than 1/2 the height of the tower for all other situations.

No tower, or attachment to a tower, shall exceed 150 feet in height as measured from ground level at the base of the tower, unless as excepted herein.

All WCFs shall be sited in such a manner that the view of the facility from the adjacent abutters, residential neighbors, and other areas of Town shall be as limited as possible. All towers and satellite dishes and/or antennas shall be painted or otherwise colored so they will blend in with the landscape or have an appearance that is visually compatible with the structure on which they are located.

WCTs will be designed to accommodate the maximum number of users technologically practical, balanced against minimizing the visual impacts of each tower. The intent of this requirement is to obtain the best outcome for a given area within the community by limiting the height of a new tower to that which is acceptable, potentially requiring more than one, less objectionable, tower to serve the area.

WCF installations will be fenced to control access and will be compatible with the scenic character of the Town and will not include razor wire.

A sign providing twenty-four-hour contact information is required at the entrance to a WCF compound. Safety signs, no trespassing signs and other communications necessary for the safe operation of the WCFs may be posted. No other signs or advertising may be posted. All signs will conform to the Town of Southwick's Bylaws.

Night lighting of towers will be prohibited unless required by the Federal Aviation Administration. Lighting will be limited to that needed for emergencies and/or as required by the FAA. FAA lighting, if required, shall employ red illumination at night (no white flashing lights) with narrow vertical beam spreads as specified in FAA standards. It is preferred that towers be at such heights and locations that FAA lighting is not required.

There will be a minimum of one parking space at a WCF site, to be used in connection with the maintenance of the site. Sites with existing parking for multiple vehicles may be excused from having a dedicated space. There shall be no storage of vehicles or other equipment on the WCF site. There will be adequate access to the site for emergency vehicles. The amount of impervious surface on the site will be minimized and all stormwater run-off will be contained on site.

When possible, municipal agencies will be allowed to attach communications antennas to a WCT at the Town's expense, and to use the WCT at no cost to the Town, provided the Town's use does not interfere with or preclude the use of the WCT by the number of WCFs anticipated in the approval of the WCT. Municipal communications antennas will not be included in the calculation of tower height.

The applicant shall allow other carriers to lease space on a WCT, provided such use does not interfere with the current use of the WCT.

An application for a special permit for a WCF under this section shall be approved or approved with conditions if the Planning Board finds that the applicant has met the requirements set forth in this bylaw.

An application for a special permit for a WCF under this bylaw shall be denied if the Planning Board finds that the applicant has failed to meet the requirements set forth in this section. A denial shall be in writing and supported by reference to substantial evidence in the documented record.

To approve an application for a special permit under this section, the Planning Board shall judge in favor of the following findings, noting any conditions necessary to satisfy the findings:

If a wireless communications facility is determined to be in violation of any of the provisions of the special permit and/or site plan approval or any other applicable law or regulation, the Planning Board shall cause written notice to be served by the Town on the operator of the facility, the holder of the special permit and site plan approval, and the owner of the land on which it is located.

The Building Inspector and/or the Planning Board may, upon reasonable concern regarding compliance with specific performance requirements, require the permittee(s) to respond with proof of compliance and may engage the services of independent expert consultants at applicant's expense to assess compliance or review the permittee's response. Permittees must respond in a timely way (within 24 hours for an indicated life-threatening emergency, otherwise 14 days for routine requests for response). Failure to respond in good faith or to pay reasonable fees for independent consultants may result in revocation of the special permit by the Planning Board or the occupancy/use permit by the Building Inspector, as applicable.

The purpose and intent of this bylaw section is to regulate the installation of small wireless facilities (SWF) outside of rights-of-way so as to respect the neighborhood characteristics in which they are proposed, consistent with the purposes set forth in this bylaw and with federal and state law.

All installations of SWFs outside of rights-of-way require a special permit from the Planning Board. Federal requirements limit the time in which SWF applications must be determined to be complete and subsequently to be decided. This requires special treatment for SWF applications.

The Planning Board shall adopt, and from time to time amend, policies, rules, and regulations relative to the issuance of special permits for SWFs under this section. A copy of the SWF policies, rules, and regulations shall be on file with the Town Clerk. Such rules shall prescribe the form, contents, style, and number for application forms, the fees collectible with the applications, the process by which the application will be reviewed, the design and location criteria for approval, the time within which the Planning Board will issue a decision, and requirements for recertification.

Any modifications to an already approved WCF not defined as an eligible facilities request in 47 USC § 1455 shall be made through the special permit/site plan review and approval process described above. Such modifications involving new permittees at existing permitted sites shall require an application for a new special permit. Such modifications of existing permitted facilities may be reviewed as an application for a special permit modification, if applicable. The foregoing applies also to eligible facilities requests, to the extent as outlined in Subsection L(2)(b) below and to the extent allowed by law.

Request for modification of eligible facilities.

Building mounted, photovoltaic systems are exempt from the provisions under this bylaw and shall be consider as-of-right development. They shall comply with the building code and obtain a building permit from the Building Inspector.

No building permit, for construction, installation or modification shall be issued for a small scale, ground mounted, photovoltaic system without first submitting a plan of the proposed work to the Planning Board for site plan review in accordance with §§ 185-37 and 185-10 of this chapter and receiving site plan approval.

No building permit, for construction, installation or modification shall be issued for a large scale, ground mounted, photovoltaic system without first submitting a plan of the proposed work to the Planning Board for special permit and site plan approval in accordance with §§ 185-37, 185-9 and 185-10 of this chapter and receiving and obtaining site plan approval.

The construction and operation of all small scale and large scale, ground mounted, photovoltaic systems and all appurtenant structures shall be consistent with all applicable local, state and federal requirements including but not limited to all safety, construction, electrical and communications requirements. All buildings and fixtures forming part of a small scale and large scale, ground mounted, photovoltaic systems and all appurtenant structures shall be constructed in accordance with the Building Code.

Building permits issued for the construction, alteration, enlargement or demolition of small and large scale ground mounted, photovoltaic system shall be subject to permit fees, as established by the Town of Southwick. No building permit shall be deemed valid until such fee is paid.

All applications for small scale and large scale, ground mounted, photovoltaic systems will be made and filed in compliance with the Southwick Planning Board rules and zoning bylaw regulations and accompanied by fees as set by the Town.

All applications for large scale, ground mounted, photovoltaic systems will include six copies of a plan which include all requirements of § 185-10. In addition, the following documents are required specifically for large scale, ground mounted, photovoltaic systems.

Dimensional and density requirements. All construction of small scale and large scale, ground mounted, photovoltaic systems and the appurtenant structures shall comply with the yard space and height requirements of the zoning districts in which the system is located as per 185 Attachment 3 - Height, Area and Yard Requirements Chart, Town of Southwick,[1] unless a more restrictive requirement is contained in this Bylaw. In cases where the parcel is in a residential zone, or abuts agricultural zones, residential zones, park land, or conservation land, the setback shall be a minimum of 150 feet unless waived by the Planning Board.

Lighting. Lighting of the large scale, ground mounted, photovoltaic systems and any appurtenant structure be directed downward and inwards and shall incorporate full cut off fixtures to reduce light pollution. Lighting shall be limited to that which is required for safety and operational purposes and shall be shielded from abutting properties.

Signage. For large scale, ground mounted, photovoltaic systems an Identification sign shall be no larger than two feet by two feet, shall identify the owner and provide a 24 hour emergency contact phone number. The sign shall be made visible from a right of way where the property has frontage. Large scale, ground mounted, photovoltaic systems shall not be used for displaying any advertising except for identification of the manufacturer or operator of the system. All signs require a building permit and will comply with the signage provisions in Southwick's Zoning bylaw.

Utility connections. For large scale, ground mounted, photovoltaic systems, reasonable efforts, as determined by the Planning Board shall be made to place all utilities connections from the large scale, ground mounted, photovoltaic systems installation underground, depending on appropriate soil conditions, shape and topography of the site, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Visibility. In any residential zone, a large scale, ground mounted, photovoltaic system shall be designed and sited on the property in such a way as to prevent its visibility from all other properties, sidewalks and roadways at any time of year, including dense vegetation and trees in any setbacks (with the sole exception of an access road to the system).

Emergency services. The large scale, ground mounted, photovoltaic systems' owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to local Fire Chief or the Chief's designee. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the large scale, ground mounted, photovoltaic systems' shall be clearly marked.

Land clearing, soil erosion and habitat impact. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the small scale and/or large scale, ground mounted, photovoltaic systems. Existing root structures and topsoil shall be maintained to the maximum extent possible. Where removal of naturally occurring vegetation such as trees and shrubs is planned, the owner of the small scale and/or large scale, ground mounted, photovoltaic systems must demonstrate that the removal of this vegetation is necessary, and its presence adversely affects the performance and operation of the solar installation.

Landscaping and landscape buffer strip. Except when Section 185-23.2(G)(5) shall apply, the small scale and/or large scale, ground mounted, photovoltaic systems shall be designed and sited to minimize its visibility, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings, adding vegetative buffers to provide an effective visual barrier from adjacent roads and driveways, and from abutting dwellings. A landscaped buffer strip is intended to provide, within five years of installation, a visual barrier between the large scale, ground mounted, photovoltaic systems and neighboring properties. Except for vehicular and pedestrian passways and permitted signs, these areas shall be used only for an interplanting of deciduous or evergreen trees, shrubs and other vegetative ground cover that can be appropriately create a visual barrier.

The buffer must provide landscaping coverage as required by the Planning Board. Where considered appropriate in the judgment of the Planning Board walls and fences may be used in addition to or in lieu of planting.

All structures (including appurtenant structures) shall have a landscape plan. Vegetation screening shall reach a mature form to effectively screen the installation within five years of installation.

A planting plan showing the types, sizes and locations of material to be used shall be subject to the approval of the Planning Board.

Except when prohibited herein, the Planning Board may waive strict compliance with any requirement of this bylaw, or rules and regulations promulgated hereunder, where:

Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this bylaw and why it is believed that the waiver meets the criteria in Subsection I(1).

All waiver requests shall be discussed at the public hearing for the project.

If in the Planning Board's opinion, additional time or information is required for review of a waiver request, the Board may continue the hearing to a date announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied.

Installation conditions. The small scale and large scale, ground mounted, photovoltaic systems' owner or operator shall maintain the facility in good condition and in compliance with all governmental regulations. Maintenance shall include, but not limited to: planting, structural reports and integrity of security measures. Site access shall maintain to a level acceptable to the Planning Board, and Emergency Management Services and the Department of Public Works.

The owner or operator shall be responsible for the cost of maintaining the large scale, ground mounted, photovoltaic system and any access roads unless accepted as a public way.

Modification conditions. Any material modifications to a small scale or large scale, ground mounted, photovoltaic systems made after issuance of the building permit shall require approval by the Planning Board and repairs will require Planning Board approval.

Abandonment. Absent notices of decommissioning or written notice of extenuating services, a large scale, ground mounted, photovoltaic systems shall be considered abandoned when it fails to operate for a year or more without written consent of the Planning Board. If the owner or operator of the large scale, ground mounted, photovoltaic systems fails to remove the installation in accordance with the requirements of this section within 150 feet days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation utilizing the surety provided in Subsection L. If such funds are insufficient, any additional costs will be the responsibility of the systems owner and owner of property which system is on. Such extra cost shall constitute a lien where the system is located.

Removal requirements. Any large scale, ground mounted, photovoltaic systems which has reached the end of its useful life or has been abandoned consistent with Subsection K(1) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plan for removal.

Decommissioning shall consist of: