Home occupations shall be allowed without need for a special permit only if meeting all of the following:

The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure.

A special permit from the Board of Appeals may authorize any or all of the following for a home occupation:

Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated.

A certificate of use and occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.

Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter 40A, § 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended.

Lot area. Minimum lot area shall be not less than the greater of: (i) five acres; or (ii) the following minimum lot area per dwelling unit multiplied by the number of dwelling units shall not be less than the following:

Other requirements. All other dimensional requirements of § 301-2.5 shall apply, except as provided in § 301-4.2.3.

Site design.

Building design.

Circulation and parking.

Open space.

Exterior lighting.

Municipal costs and revenues.

Effect of the range of available housing choice.

Service to identified housing needs.

Service to current Sterling residents.

Support for local business activity.

Impact on the natural environment.

Impact on traffic safety and congestion, adequacy of water service, and the need for school facilities.

Impacts on the visual environment through preservation or displacement of visual assets, and consistency with existing development in the area.

The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains.

The Floodplain District includes all special flood hazard areas designated as Zone A, A1-30 on the Sterling Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, Community-Panel Numbers 250336, 0001-0013, effective June 15, 1982, on file with the Town Clerk, Planning Board and Building Inspector. These maps as well as the accompanying Sterling Flood Insurance Study are incorporated herein by reference.

Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code.

In the floodway designated on the Flood Boundary and Floodway Map, the following provisions shall apply:

Within the Zone A1-30, for new or substantially improved mobile home parks or subdivisions and for mobile home placement not in existing mobile home parks and subdivisions, the following provisions shall apply:

This bylaw shall apply to the waters of Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond within the Town of Sterling and a buffer extending 100 feet landward from each bank (as defined by 310 CMR 10.00) of the Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond.

This bylaw shall also apply to a buffer extending 100 feet landward of the edge of the wetlands (as defined by 310 CMR 10.00) contiguous to the Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond. The wetlands are those included in Zone A and Zone A5 on the Sterling Flood Insurance Rate Maps (FIRM) Community-Panel Numbers 250336 0011-0013, effective June 15, 1982.

Excluded are Babcock Brook and its contiguous wetlands further than 1,100 feet from its junction with the Stillwater River, Rocky Brook and its contiguous wetlands further than 1,000 feet from its junction with the Stillwater River and all other feeder streams and brooks not in Zone A or Zone A5 of the above FIRM maps. Any areas within Zone A or Zone A5 which are not wetlands are also excluded.

No structure of any kind may be located within the area subject to this bylaw with the exception of docks which may be constructed, with prior approval of the Sterling Conservation Commission, in keeping with state and local law.

No dumping, filling, removing of material or dredging, except as may be required for the maintenance of Stillwater River, Justice Brook and Washington Pond a/k/a Stuarts' Pond; any such maintenance will be subject to the prior approval of the Sterling Conservation Commission.

There will be no clear cutting of existing vegetation and no more than minimal disruption of wildlife habitats. However, this section shall not apply in cases where the Conservation Commission determines that its application would adversely affect the purposes of Chapter 131, § 40, Massachusetts General Laws, as amended.

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the Town of Sterling;

Preserve and protect existing and potential sources of drinking water;

Conserve natural resources in the Town of Sterling; and

Prevent temporary and permanent contamination of the environment.

The Groundwater Protection Districts are all land areas in the Town of Sterling which overlie those portions of the aquifer which have a potential well yield greater than 100 gallons per minute as shown in the USGS Hydrological Investigation Atlas 276 (Water Resources of the Nashua and Souhegan River Basins, Massachusetts, by Richard A. Brackley 1977), and any future refinements thereof.

The Groundwater Protection Districts are all land areas in the Town of Sterling which are within either a delineated Town of Sterling Water Department Zone II or are within a one-half-mile radius of an existing municipal well which has no delineated Zone II.

The boundaries of the districts, as presented on any plan, must meet the approval of the Planning Board. Where bounds as delineated are in doubt or in dispute, the burden of proof shall be on the owner(s) of the land in question to show where they should properly be located.

If the location of the Groundwater Protection District in relation to a particular parcel is in doubt, resolution of the boundary dispute shall be through a special permit application to the special permit granting authority. Any application for a special permit for this purpose shall be accompanied by adequate documentation.

Burden of proof shall be upon the land owner to demonstrate that the location of the Groundwater Protection District with respect to a particular parcel(s) of land is uncertain. At the request of the land owner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the Groundwater Protection District with respect to a particular parcel(s) of land, and may charge the owner for the cost of the investigation.

All runoff from impervious surfaces or otherwise due to industrial and commercial development, or due to the construction of new roads, shall be recharged on site by being diverted to stormwater infiltration basins covered with natural vegetation for surface infiltration to the greatest extent possible, or as otherwise directed by the Planning Board. Dry wells and leaching catch basins, when allowed by the Planning Board, must be preceded by oil, grease and sedimentation traps to facilitate removal of contaminants. Commercial and industrial infiltration and recharge structures shall be kept permanently in full working order by the owner of the site. A maintenance report for the operation of the recharge system(s) shall be submitted annually to, and approved by, the Planning Board and Conservation Commission to assure that the methods used for on-site recharge and infiltration remain effective.

All lawful uses not prohibited by § 301-4.6 which are wholly or partially within the areas regulated by § 301-4.6 and which are required to undergo site plan review under § 301-6.4 of the Town of Sterling Protective Bylaw must conform to the following as part of that site plan review:

Structures. Any existing structure, or use of such structure, lawful on the effective date of this § 301-4.6 may continue although such structure does not conform to the requirements of this § 301-4.6. Any such existing structure may be repaired, enlarged, maintained and improved; however, any enlargement greater than a one-time enlargement of 2,500 square feet or less must conform to the regulations contained in this § 301-4.6.

Uses. Any existing use lawful on the effective date of this § 301-4.6 may continue although such use does not conform to the requirements of this § 301-4.6. Any change, expansion, extension or repair of such nonconforming use must, however, conform to the regulations contained in this § 301-4.6, and must conform as much as possible, in the opinion of the Planning Board, to the regulations contained in this section and to the regulations of the Town of Sterling.

Hardship. To avoid undue hardship, nothing in this § 301-4.6 shall be deemed to require a change in the design, construction or use of any structure with respect to which a building permit was legally issued prior to the effective date of this § 301-4.6 and such building permit had not lapsed prior to the start of construction.

Special permit requirements. A special permit shall only be granted if the permit granting authority determines that the intent of this by law as well as its specific criteria are fully met.

Application requirements. Requests for a special permit shall be made in writing and clearly state the provision or requirement from which the special permit is sought. The following application requirements are the minimum criteria for submitting a complete application:

Interagency review. Upon receipt of the application, the agencies listed in § 301-4.6.9, Subsection 2a, shall review the application and make recommendations as they deem appropriate to the special permit granting authority. Failure of the reviewing parties to make recommendations within 35 days after having received copies of all such required materials shall be deemed a lack of opposition thereto.

Public hearing. The public hearing shall be given in accordance with § 301-6.3.3.

Decision process. The special permit granting authority's decision shall consider the accuracy of the information provided in the application, the reliability of the proposed control measures, and recommendations of the other review boards, and shall issue its decision in accordance with MGL c. 40A unless said period is extended in accordance with MGL c. 40A. The special permit granting authority may only grant a special permit if it finds that the proposed use:

Posting. The special permit or a clear and concise summary of the special permit shall be posted in a conspicuous location at or near the operation, facility, or system requiring said permit.

Protect environmental resources and aesthetic values; and minimize traffic congestion and nuisances.

Protect Town services and infrastructure capacities by limiting impacts on them.

Encourage appropriate land use by permitting highway corridor uses sensitive to existing residences.

Encourage site design sensitive to environmental constraints, adjacent land uses and traffic impacts.

Prohibited uses are prohibited from the district because of the difficulty in predicting or mitigating adverse impacts, or the likelihood of noncompliance.

Nonperformance uses include all uses allowed in the Rural Residence and Farming District without a special permit.

Performance uses include all uses except prohibited and nonperformance uses which meet the performance standards.

Special permit performance uses include all uses for which there is a secondary, less stringent performance standard. In order to obtain a special permit, additional plans and mitigation measures, and in some cases performance guarantees, are required. For example, the amount of traffic may be increased above the performance standard, up to secondary performance standard levels, providing the impacts of increased daily trips are mitigated through measures such as line-of-sight improvements.

Municipal sewage treatment facilities;

Privately owned sewage treatment facilities;

The placement at the leaching field of a subsurface wastewater disposal system less than six feet above the maximum water table level;

On-site discharge of greater than 10,000 gallons per day of wastewater other than stormwater;

The rendering impervious of more than 15% or more of any lot, as described in § 301-4.6.4.2l (changed to 20% or more as per § 301-4.7.5);

Truck and bus terminals in compliance with the Underground Injection Control Program, 310 CMR 27.00, and in compliance with the noise standards in 310 CMR 7.00;

Car and truck washes if all the water is recycled; and

Individual sewage disposal systems, as described in § 301-4.6.4.2x.

Explanation. Performance uses include by right all uses, except prohibited and nonperformance uses and certain "additional exempt uses" which meet the performance standards listed in this § 301-4.7.5. Any use which exceeds these standards is prohibited, or in some cases may meet secondary performance standards with a special permit. The performance standards are based on state and federal laws, with more stringent local standards in certain instances. Performance guarantees may be required at the discretion of the Planning Board to ensure compliance. A site plan review is required for all performance uses. Submission requirements may be contained in separate regulations adopted and from time to time amended by the Planning Board. Certain standards may be averaged over more than one lot within the Performance Zone 1 District, when denoted: "averaging permitted." (See § 301-4.7.6, Special procedures, for an explanation of averaging.) The following apply only when indicated in the subsections of this § 301-4.7.5.

Ground and surface water protection. The following standards are intended to protect ground and surface water quality from development impacts.

Nuisance factors. The following standards are intended to protect adjoining uses from any nuisances and air-related health hazards caused by development in the Performance Zone 1.

Traffic generation.

Site design. There are no minimum requirements for lot size or floor area ratio for any use. However, the following standards do apply. Sections 301-4.7.5.5a through c are use specific. Section 301-4.7.5.5d through h apply to all uses.

Performance standards compliance. All applications for a building permit that is not for a nonperformance use must submit to the Planning Board proof that their proposed project will comply with the performance standards in § 301-4.7.5. Procedures for compliance with the performance standards may be contained in regulations pursuant to this § 301-4.7 and from time to time amended by the Planning Board.

Engineering and legal review fee. Evidence of compliance with the performance standards shall be accompanied by site plans, as described in § 301-6.4 of the Sterling Protective Bylaw, and a reasonable review fee set by the Planning Board to cover the cost of engineering and legal reviews.

Performance guarantees. In order to ensure conformance with the performance standards, the Planning Board, acting as the SPGA, may require the posting of a performance guarantee or bond not to exceed the cost of construction of the mitigation measures.

Site plan review. Applicants exceeding the site plan review thresholds in § 301-4.7.5 must submit a site plan in accordance with § 301-6.4 of the Sterling Protective Bylaw and § 301-4.7.5.5h of this § 301-4.7. Prior to formal site plan review, an applicant may submit an informal application to the Planning Board for preliminary site plan review. The informal application for preliminary site plan review shall consist of a verbal description of the project, including anticipated performance standards compliance as per § 301-4.7.5 and a site plan drawn to scale, but not necessarily stamped by an engineer or landscape architect.

Subdivision requirements. Applicants creating a subdivision, as per MGL c. 41, § 81L, shall follow the procedures for subdivision outlined in Sterling's Rules and Regulations Governing the Subdivision of Land. The exception is, in a subdivision within this district, the required road rights-of-way and pavement widths may be reduced at the discretion of the Planning Board, upon adequate proof of the safety of the reduced standards.

Special permits. Applicants exceeding indicated performance standard thresholds outlined in § 301-4.7.5 may apply to the Planning Board acting as the SPGA for a special permit when there is a secondary performance standard specified in § 301-4.7.5. The Planning Board is the special permit granting authority. Special permits may be granted by the Planning Board upon satisfactory proof that the secondary performance standard will be met. Special permit authority, procedures and expiration are outlined in Section 1.6.1, 1.6.2, 1.6.4 and 1.6.5 of the Sterling Protective Bylaw.[2] Section 1.6.3 has been replaced for the purposes of this § 301-4.7 by special permit requirements outlined in § 301-4.7.5.

Averaging The purpose of averaging is to allow for greater flexibility and creativity in development, while still meeting the purposes stated in § 301-4.7.1. In the process of "averaging" the amount of impact permitted for certain performance standards for a given lot may be averaged with another lot in the district on a per acre basis. For example, density may be higher than the permitted 0.88 dwelling unit per acre on one lot, if when averaged with a lot which is lower, the overall density of the two lots combined does not exceed the 0.88 dwelling unit per acre standard. Averaging is permitted between lots under the same ownership and between lots under different ownership within the district. It is up to the individual owners to establish a price for this "transfer of performance rights." After the averaging has been accepted by the Planning Board, it must be recorded in the registry of deeds as a deed restriction on the sending lot (the lot donating its performance standards) before a building permit may be issued for either lot. The procedure may be reversed only if the receiving lot has not been developed so as to use up the additional performance standards increases.

Communications needs served by the facility;

Traffic flow and safety, including parking and loading;

Adequacy of utilities and other public services;

Impact on neighborhood character, including aesthetics;

Impacts on the natural environment, including visual impacts;

Potential fiscal impact, including impact on Town services, tax base and employment;

New monopoles shall be considered only upon a finding that existing or approved monopoles or facilities cannot accommodate the equipment planned for the proposed monopole.

To the extent feasible, service providers shall co-locate on a single facility. Monopoles shall be designed to structurally accommodate foreseeable users (within a ten-year period) where technically practicable.

No freestanding facilities shall be placed within 300 feet of any residentially occupied premises.

New freestanding facilities shall be limited to monopoles; no lattice towers shall be permitted. Monopole height shall not exceed 100 feet above mean finished ground elevation at the base of the mounting structure; provided, however, that a monopole may be erected higher than 100 feet where co-location is approved or proposed, not to exceed a height of 130 feet above mean finished ground elevation at the base of the mounting structure.

Wireless communications facilities may be placed upon or inside existing buildings or structures, including water tanks and towers, church spires, electrical transmission lines, and the like. In such cases, the facility height shall not exceed two feet above the height of the existing structure or building.

All structures associated with wireless communications facilities shall be removed within one year of cessation of use. The Board may require a performance guarantee to effect this result.

To the extent feasible, all network interconnections from the communications facility shall be via land lines.

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

The facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting, lighting standards, landscaping and screening.

Traffic associated with the facility shall not adversely affect public ways.

Fencing may be required to control unauthorized entry to wireless communications facilities.

The Town of Sterling Planning Board is hereby established as the special permit granting authority (SPGA) in connection with construction of a WECS. The SPGA shall grant a special permit only if it finds that the proposal complies with the provisions of this bylaw and any other applicable Town bylaws.

The Planning Board, working with the Manager of the Sterling Municipal Light Department (SMLD), may adopt reasonable rules and regulations for the administration of this bylaw.

Proposed WECS shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental, communications and utility requirements.

Applicants shall provide a complete description of the WECS, including technical, economic, environmental, and other reasons for the proposed location, height and design.

WECS shall be limited to one tower per lot or on contiguous lots held in common ownership.

Tower height. Maximum height is 100 feet. This height may be increased but not to exceed 130 feet as part of the special permit process if the applicant can demonstrate that additional height is needed and that the additional benefits of the higher wind turbine does not increase any adverse impacts and that there are no reasonable objections from abutters.

Monopole towers are the preferred type of support.

Height calculation. Overall height of the wind turbine shall be measured from the land in its natural state prior to grading or filling to the highest point reached by any part of the wind turbine.

Height restriction. No WECS located within 10,000 feet of the Sterling Airport's runway (Runway 1634) measured from the WECS to the closest point of Runway 1634 shall be erected without FAA approval. FAA approval is not required when the WECS is located beyond 10,000 feet from Runway 1634.

Setbacks. The minimum setback for the wind turbine shall be maintained equal to the overall height calculation plus 100 feet from all property boundaries of the site on which the WECS is located. In addition, the WECS shall be set back a distance of the height calculation plus 100 feet from any ways, access easements, trails, ascertainable paths and aboveground utility lines.

Noise. The WECS and associated equipment shall conform to the Massachusetts Noise Regulation (310 CMR 7.10). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement. Manufacturer's specifications may be accepted when, in the opinion of the Planning Board, the information provided satisfies the above requirements.

Shadowing/flicker. The WECS shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Prevention of access. The applicant/owner shall ensure that all related components of the WECS are protected from unlawful access.

Visual impact. The applicant shall employ all reasonable means, including alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted plain, nonreflective, muted colors without graphics or other decoration. In certain instances, the SPGA in its review may require the applicant to fly or raise a three-foot diameter balloon to the maximum height of the WECS at its proposed location. The applicant shall provide photographs of the balloon test from two to four vantage points previously designated by the SPGA.

Electromagnetic interference. The WECS shall be sited to minimize electromagnetic interference. If interference is alleged in writing via a complainant, the Building Inspector shall record the filing of such complaint and review it. The Enforcing Officer may seek assistance from the Sterling Municipal Light Department if necessary. If electromagnetic interference is found, the Enforcing Officer shall notify the owner of the property in writing to correct the violation. If the interference is not remedied within 20 business days, the WECS shall remain inactive until the interference is remedied, which may include relocation or removal. In addition, the placement of any WECS will be sited so as not to interfere with any existing satellite installations for the surrounding property owners.

Lighting. If lighting is proposed [other than required Federal Aviation Administration (FAA) lights], the applicant shall submit a plan indicating the horizontal footcandles at grade, to the property boundary. The plan shall also indicate the locations and types of luminaires proposed as well as the method to shield the abutter(s).

Vegetation. Existing vegetation must be shown within 100 feet of the WECS, including average height of trees and any proposed vegetation removal on the subject property or abutting properties. The Planning Board shall also consider the height of vegetation at maturity.

The applicant must submit provisions for inspection and maintenance of the WECS.

Site plan. A site plan must be submitted, in accordance with Town of Sterling Protective Bylaws, § 301-6.4.3, Procedures, § 301-6.4.4, Submittals, § 301-6.4.5, Preparation of plan, and any other applicable Town of Sterling Protective Bylaws. The site plan must be prepared to scale by a registered land surveyor or civil engineer showing the location of the proposed WECS, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, aboveground utility lines and any other significant features or appurtenances. Any portion of this site plan may be waived if, in the opinion of the Planning Board, the materials submitted are sufficient for the Board to make a decision.

Telecommunications. WECS may include telecommunication antennas provided they comply with this bylaw and with § 301-4.8 of the Town of Sterling Protective Bylaw, Wireless Communications Facilities (WCF) Overlay District Bylaw.

Compliance with Massachusetts State Building Codes. Building permit applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. Documentation showing compliance with the Massachusetts State Building Code certified by a Massachusetts licensed professional engineer shall also be submitted. Manufacturer specifications may be suitable at the discretion of the Building Inspector.

Compliance with FAA regulations. WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

Compliance with the National Electrical Code. Building permit applications for WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

Utility notification. No WECS shall be installed until evidence has been given that the Sterling Municipal Light Department has been informed and has approved that the installation's impact is negligible for the power system and meets all of their installation/interconnection requirements. Off-grid systems shall be exempt from this requirement.

Abandonment. A WECS shall be considered to be abandoned if it is not operated for a period of two years, or if it is designated a safety hazard by the Building Inspector. Once a WECS is designated as abandoned, the owner shall be required to physically remove the WECS within 90 days of written notice. "Physically remove" shall include, but not be limited to:

Modifications. All modifications to a WECS made after issuance of the special permit shall require approval by the SPGA.

Professional/administrative fees. The Planning Board may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant in addition to administrative fees.

Requirement. In conjunction with the above special permit approval process, the Planning Board may require the posting of a financial security (bond) to assure satisfactory fulfillment of the above, in such sum and in accordance with such conditions as the Board may determine necessary.