To provide that the lands hereafter described in the Town of Stoughton, Massachusetts, subject to seasonal or periodic flooding, shall not be used in such a manner as to endanger the health or safety of the occupants or neighbors thereof.

To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve existing and potential public and private water supplies, thereby assuring the public health and safety of the residents of the Town of Stoughton.

To assure the continuation of the natural flow pattern of the watercourses within the Town of Stoughton in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

To protect the community against costs and hazards to life, health and safety which may be incurred when unsuitable development occurs in watershed areas and in swamps, marshes, bogs, wet meadows, and other wetlands, along watercourses, or in areas subject to floods.

To protect existing property owners from damages arising out of the development of watershed areas, flood hazard areas and wetland areas including damages consequent to the obstruction of flood run-off and consequent to the disruption of the natural water table resulting from the alteration of existing surface or subsurface water flows.

To protect future property owners who, but for these regulations, would purchase, develop or use for residential, business, industrial or recreational purposes, areas subject to periodic damage by flooding.

To protect the Town from individual choices in the use of land which would likely require significant and extraordinary subsequent public expenditures for public works or disaster relief.

To conserve, in those areas not suitable for the purposes prohibited in this section, natural condition, wildlife and open spaces for the general health, safety, and welfare of the public.

Conservation of water, plants and wildlife.

Wildlife management areas, foot, bicycle and/or horse paths.

Farming, including truck gardening, forestry nurseries, and harvesting of crops, provided that such activities are more distant than 10 feet from the normal high-water mark for the month of April of any stream, brook, or other waterway.

Grazing of livestock.

Routine operation, maintenance and cleaning of existing dams, culverts, drainage, ditches, streams, rivers, ponds, lakes, and other waterways and water-control devices, subject to state and local laws.

Temporary alteration of water levels and drainage and storage patterns for emergency reasons subject to the emergency procedures set forth in MGL c. 131, § 40, or any successor statute thereto.

Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings or accessory buildings except as otherwise herein permitted.

Structures (whether located in or outside of Wetland or Flood Hazard Districts) lawfully existing prior to the adoption of this Wetlands Protection Bylaw (hereafter "pre-existing structures"), including enlargement and/or extension thereof, into Flood Hazard or Wetland Districts and the maintenance and reconstruction thereof, or construction of accessory structures to such pre-existing structures, provided that such construction, reconstruction, or alterations within the Flood Hazard or Wetland Districts shall not increase the area of ground coverage in the Flood Hazard or Wetland Districts of the pre-existing structures and such accessory structures considered in the aggregate by more than 40% over the area (whether such area was located in or outside of the Wetland or Flood Hazard District) which was covered by the pre-existing structures.

Septic systems lawfully existing within Wetland and Flood Hazard Districts prior to the adoption of this Wetlands Protection Bylaw, including maintenance, reconstruction, enlargement and/or extension thereof. Nothing herein shall prohibit the enlargement and/or extension into a Flood Hazard District of septic systems lawfully existing wholly or partially outside of the Flood Hazard District at the time of the adoption of this Wetlands Protection Bylaw.

The construction, reconstruction, enlargement or extension of paved play areas, tennis courts, driveways, swimming pools, and the like incidental to a residential structure lawfully existing prior to the adoption of this Wetlands Protection Bylaw.

The construction, installation and maintenance by a private contractor pursuant to an approved subdivision plan or by public utilities or by the Town of Stoughton of public or municipal utilities including, without limitation, storm and sanitary sewers, sewer connecting lines (by a contractor approved by the Town of Stoughton except in a subdivision that is under covenant or bond), pumping stations, water and gas lines, electric transmission lines and telephone lines, provided that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored.

The placement of signs, provided such signs do not affect the natural flow pattern of any water course.

Temporary stands for refreshment or for the sale of produce grown on the premises.

Temporary location of carnivals, fairs, circuses, arts and crafts displays, flea markets, concerts, and similar recreational and educational uses.

Any of the following uses if a special permit is, in each case, obtained from the Board of Appeals, provided that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored:

Bridges, causeways, elevated walkways or access roads ancillary to permitted or permissive uses within or near the underlying zoning districts upon special permit from the Board of Appeals, provided that subsequent to the completion of such work, the pre-existing water storage and flowage characteristics of the land are approximately restored.

Construction of ponds, retention ponds, dams, and relocation of waterways, provided that a special permit is obtained from the Board of Appeals, which special permit may only be granted upon a clear showing by the applicant that the conditions set forth in this Wetlands Protection Bylaw and all of the following conditions shall have been satisfied:

All structures approved for construction within any Watershed District and required by law to be served by sanitary facilities or which are, in fact, to be served by such facilities, shall be connected to the Town's sewerage system, shall be connected to suitable self-contained and closed sanitary systems which do not permit seepage or percolation into the soil, or shall be connected to a Board of Health approved on-lot subsurface septic system that is not within 25 feet (or such greater distance as may be required by law) of a Flood Hazard or Wetland District.

All drainage in any Flood Hazard, Wetland or Watershed District shall comply with the regulations of the Stoughton Conservation Commission and the Board of Selectmen acting as sewerage and drainage Commissioners.

The portion of any lot within the Flood Hazard or Wetland Districts may be used to meet or determine the area requirements for the underlying district in which the lot is situated, provided that the portion so utilized does not exceed 25% of the minimum lot area required for the proposed use in the underlying district.

The entire portion of any lot within a Watershed District may be used to meet or determine the area requirements for the underlying district in which the lot is situated.

Portions of Flood Hazard Districts and Watershed Districts overlying industrially zoned land may be filled, paved or otherwise altered and may thereafter be used for any purpose permitted in the underlying industrial district provided that this Section 9.2.6, Subsection 5, shall not apply to any use allowed under Section 9.2.4, Subsection 8, and further provided that all of the following conditions are met:

Review all subdivision proposals to assure that:

If the Building Inspector is satisfied that the tract does not lie, in whole or in part, within such districts or is otherwise exempt from the provisions of this Wetlands Protection Bylaw, the provisions of this Wetlands Protection Bylaw shall not thereafter apply to the application.

If the Building Inspector is in doubt as to whether or not the tract lies, in whole or in part, within such districts or is exempt from the provisions of this Wetlands Protection Bylaw, he may request such further information of the applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection Bylaw, the Building Inspector shall not issue a building permit unless he has determined that:

If the Building Inspector shall determine that no approvals, special permits or variances are required by the applicant under this Wetlands Protection Bylaw, he shall so indicate in writing on the plan and by letter to the applicant and all other required approvals may thereafter be sought by the applicant including without limitation any approvals which may be required under state wetland protection laws, without regard to this Wetlands Protection Bylaw.

In all other instances relative to this Wetlands Protection Bylaw, the Building Inspector shall promptly notify the applicant by certified mail, return receipt requested, that this bylaw prohibits the contemplated use, and shall advise the applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals.

Appeals and special permits. An appeal may be taken to the Zoning Board of Appeals by any applicant aggrieved by a decision of the Building Inspector and a special permit may be sought under this Wetlands Protection Bylaw which appeal and/or application for special permit shall be instituted and prosecuted before such Board in accordance with the requirements of law and with applicable rules and regulations of such Board. Upon receipt of notice of appeal and/or applications for special permit the Board of Appeals shall order a public hearing as to which there shall have been no less than 14 nor more than 30 days' prior notice in a newspaper in general circulation in the Town of Stoughton (or such other notice and posting as shall be required by law) and, after such hearing, the Board of Appeals may grant the relief hereafter set forth in this Section 9.2.8 and such other relief as it may have the authority to grant under applicable law. Appeals and applications for special permits may be prosecuted simultaneously provided that the required notice shall have been satisfied and if such requirements are conflicting, the most severe requirement shall have been satisfied.

Appeals claiming improper designation. An aggrieved applicant may appeal to the Board of Appeals from a decision of the Building Inspector that all or any portion of the applicant's land is subject to this Wetlands Protection Bylaw notwithstanding the classification of all or any portion of such land on the Wetland Map as being within a Wetland, Flood Hazard or Watershed District. In addition, if, and to the extent permitted by law, any person who owns or controls any land within a Wetland, Flood Hazard or Watershed District may appeal such designation to the Zoning Board of Appeals under this Section 9.2.8, Subsection 2, without having first to go to the Building Inspector for a building permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the applicant's land shown by the applicant not to be in a wetland, flood hazard, or watershed area; provided that such uses shall be consistent with this Wetlands Protection Bylaw to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the applicant shall have demonstrated that all of the following four conditions have been satisfied:

Application for special permits. An applicant may apply to the Board of Appeals for a special permit for any use which is permitted in this Wetlands Protection Bylaw only by special permit which application shall be instituted and prosecuted before such Board in accordance with the requirements of law and applicable rules and regulations of such Board. Applicants for special permits hereunder shall submit to the Board of Appeals all of the data, drawings, site plans, maps, calculations and information set forth in this Wetlands Protection Bylaw and shall be entitled to a special permit, subject to such conditions as the Board of Appeals shall deem appropriate and may lawfully impose, upon demonstration:

Location plan. A location plan at a scale of one inch equals 600 feet showing the area to be developed, lot lines within which the development is proposed, and tie-in to the nearest road intersection.

Site plan. A site plan at a scale of one inch equals 40 feet prepared by a registered land surveyor and a registered professional engineer. Eight copies (or such other number as the Town Clerk may require) of the site plan shall be submitted to the Town Clerk who will distribute a copy to the Building Department, the Engineering Department, the Board of Selectmen, the Zoning Board of Appeals, the Planning Board, the Board of Health, the Landscape Review Board, and the Conservation Commission and such plan shall show at least the following, except that, in the case of an applicant who is appealing from an alleged improper designation of his land without first having applied for a building permit (if such appeal is permitted by law) the site plan required hereunder need not include information with respect to the proposed location, size and configuration of improvements, alterations or proposed activities on the land nor need it include any other information otherwise required herein under which pertains only to a specifically proposed use:

Enable and encourage development and adaptive reuse of existing structures that creates viable and vibrant economic activity in Stoughton Center.

Establish subdistricts that tailor development scale, design, and performance to appropriate areas to ensure smooth transitions from one subdistrict to another and from the SCD to surrounding neighborhoods.

Create attractive public spaces using landscaping, gathering places, and walkable streetscapes.

Provide a range of tools that will ensure adequate parking that does not compromise the economic potential of individual parcels or the pedestrian focus of the district.

Create development that is supportive of traffic, transit, pedestrian, and bicycle patterns that promote safety and accessibility.

Create a mix of complementary land uses including (but not limited to) commercial, residential, and institutional operations that support each other and the nearby regional transit opportunities.

Enhance the vitality of Stoughton Center during both daytime and nighttime.

Core Subdistrict: This is the heart of Stoughton Center, generally running along Washington Street. This subdistrict has a more active commercial focus, especially on the ground floor, with uses meant to generate pedestrian activity at the street level. These uses include retail, restaurants, arts and entertainment, services, etc. Less active uses, like office or residential, are preferred in upper floors. The Core Subdistrict is meant to allow for denser development, with taller buildings and smaller setbacks than the other two subdistricts.

Flex Subdistrict: This subdistrict also allows for mixed residential and commercial use but with more flexibility in uses and slightly less density than the Core Subdistrict. The Flex Subdistrict, for example, allows for residential use on the ground floor and residential-only buildings as well as mixed-use buildings. Dimensional requirements related to new development include less height and greater setbacks to make the area slightly less dense when compared with the Core Subdistrict.

Transition Subdistrict: This subdistrict is the most residential in character, designed to provide a transition from the Stoughton Center area to surrounding residential neighborhoods. This Subdistrict has a narrower range of allowed uses, limited to service businesses and residential uses, individually or in mixed-use buildings. It has the lowest height and density in the SCD, with setbacks more consistent with neighboring residential zoning districts.

Uses permitted by right in the district are designated by the letter (Y). Uses designated (N) shall not be permitted in the district. Uses that may be permitted by special permit in the district are designated (PB), with the Planning Board serving as the special permit granting authority and as (BA) with the Zoning Board of Appeals as the special permit granting authority.

Uses permitted by right may require site plan approval in accordance with Section 10.6, Site plan approval.

Any use not listed in the SCD Table of Use Regulations shall be construed to be prohibited. These prohibited uses include, without limitation, any use listed in the Town-wide Table of Use Regulations in the Zoning Bylaw (Attachment 2) that does not appear in the SCD Table of Use Regulations.

Any use allowed in a particular subdistrict is allowed in any existing building in that subdistrict regardless of the prior use of the building, so long as all other standards of this Section 9.3 are met. For example, a building originally constructed for office use may be converted to ground floor retail with residential above in the Core Subdistrict or to all residential in the Flex Subdistrict, so long as all parking and other requirements of Section 9.3 are met.

In the Core Subdistrict, the entire building frontage of the ground floor must be utilized for retail or another allowed nonresidential use, with the exception of access to parking. With a corner lot, 100% of the building frontage that includes the primary building entrance must be utilized for retail or other allowed nonresidential use. A portion of the building frontage that does not include the primary building entrance may be utilized for retail or other allowed nonresidential use at the discretion of the SPGA and may also be utilized for access to parking.

In the Flex Subdistrict, a minimum of 10% of the building frontage of the ground floor must be utilized for retail or another allowed nonresidential use for buildings that contain 100 or more dwelling units, provided further that the minimum structural ceiling height of the first story shall be 11 feet.

The thresholds, procedures, and standards for Site Plan Approval established in Section 10.6 (Site plan approval) shall apply to the SCD.

Where a proposed use requires a special permit in the SCD Table of Use Regulations, the entity serving as the SPGA shall be as noted in the table. The procedures for that application shall follow those for full site plan review except where state law may impose different timelines for review and decision, requirements for public notice, or other similar standards.

Where an application triggers the need for a special permit related to another section of the Zoning Bylaw (e.g., nonconformity, etc.), those requirements remain in effect and the SPGA identified for that special permit shall preside over that matter. These other special permits shall not negate the need for other applicable review processes (e.g., site plan approval, etc.) nor shall the approval of any such special permits guarantee approval of other applicable permit applications.

Criteria listed in Section 10.5.2 of the Zoning Bylaw (Special permits; Criteria).

The degree to which the proposal does or does not meet the purposes of the SCD (Section 9.3.1).

Adequacy of the site in terms of the size of the proposed use(s).

Suitability of the site for the proposed use(s).

Impact on traffic and pedestrian flow and safety.

Adequacy of pedestrian access to buildings and between public spaces.

Requirements for an increased height special permit. In order to be considered for an increased height special permit approval, the application shall comply with the following requirements:

Community benefit option.

In computing the number of required affordable units, fractions shall be rounded up or down per the following example. A proposal with 20 to 24 units of housing would require two (2) units of affordable housing as defined herein, while a proposal with 25 to 29 units of housing would require three (3) units of affordable housing, and so on.

The affordable units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows housing to count towards the statutory affordable housing requirement of Chapter 40B of the Massachusetts General Laws.

The affordable units must be subject to use restrictions, deed restrictions, and/or other legally binding instruments to ensure that the units remain affordable and available to people with qualifying incomes for the longest term allowed by law, which may be perpetuity. The units must be sold or rented on a fair and open basis, and the owners of the units must adopt an affirmative fair marketing plan.

Affordable residential units shall be subject to a monitoring agreement to ensure continued compliance with these provisions. To ensure affordable units remain affordable for the required term, the Town may require, for itself or its designee, an option to purchase or lease affordable units for rents, sale prices, or resale prices that are affordable to eligible households. The option shall apply to the initial and any subsequent sale or lease of affordable units.

When a development project that creates fewer than ten (10) dwelling units is approved, any additional development on the property within 20 years of the original development that creates a total of ten (10) or more dwelling units on the property will be subject to these affordability requirements. The number of affordable units required in the subsequent development shall be calculated as if the earlier development were part of it. This provision does not come into effect when an entire parcel is approved by the Planning Board to be developed in phases.

Section 3.3.2 (special permit related to accessory structures) shall not apply to the Core or Flex Subdistricts in the SCD. In these subdistricts, detached buildings that exceed 900 square feet, 1.5 stories, or 20 feet in height shall be considered an additional primary structure in the SCD and regulated accordingly. In the Transition Subdistrict, the provisions of Section 3.3.2 shall apply with the exception that the Planning Board shall serve as the SPGA.

Section 4.1.5 (One principal structure per lot) shall not apply to the SCD. More than one principal building may be allowed on a single lot in the SCD.

Section 4.4.1 (Multifamily units) shall not apply in the SCD.

There are no minimum requirements for off-street parking spaces in the Core Subdistrict related to nonresidential use. The minimum requirements in the SCD Parking Schedule for residential uses (i.e., single- and two-family dwellings and multifamily dwellings) shall apply in the Core Subdistrict, but may be waived by special permit at the discretion of the SPGA if the requirements for parking cannot be met due to lot size or configuration.

Minimum off-street parking space requirements for all uses in the Flex and Transition Subdistricts shall comply with the SCD Parking Schedule below.

When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over 1/2 shall require one space. Compact parking spaces shall be allowed in the computation of required off-street parking spaces, provided that not more than 30% of the total parking spaces utilized in computing required off-street parking spaces shall be compact parking spaces.

Parking spaces must not be visible along any street right of way in the Core Subdistrict unless they are located above ground floor level in a structured parking garage. However, if located on a corner lot that abuts two streets, parking spaces may, per the design guideline regulations (see Section 9.3.13), front on the accessory street at grade level if shielded from the street.

Minimum off-street parking requirements can be met on-site or off-site, partially or in total. Off-site vehicle parking for any use is allowed by the Planning Board pursuant to site plan approval only when the proposed off-site parking is within a 500-foot radius of the subject property site boundary. The distance may be increased to a maximum of a 1,300-foot radius with approval of the Planning Board via special permit and consideration of mitigation, if appropriate. The off-site parking may only be located outside of the SCD if proposed in a nonresidential district.

A legally binding agreement in form satisfactory to the Planning Board providing for off-site parking shall be required. Completed documentation shall be presented to the Building Commissioner prior to the issuance of a building permit for the proposed structure.

Bicycle parking. Bicycle parking shall be provided for all new developments in the SCD, at least half of which shall be sheltered from the elements.

Purpose and intent. The purpose of this section is to establish standards for the placement and use of signs and other advertising consistent with the Town of Stoughton Master Plan as interpreted by the Planning Board.

Applicability. The provisions of this section shall apply to all signs in the SCD.

Architectural compatibility. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building's architecture, and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached. Signs shall not obscure building mass lines or any architectural details such as cornices, window or door trim, or decorative facade patterns. This shall not apply to temporary signs as defined herein.

Consistency with area character. Sign design shall take adjacent storefronts into consideration as well as flanking buildings, particularly if those structures are similar in style and of comparable height. In the SCD, blade signs are encouraged and should be located and sized to be viewed by people on foot. This shall not apply to temporary signs as defined herein.

Nonconforming signs. Previously permitted signs that do not meet the current standards of this section are considered nonconforming structures. Any application proposing a change to a nonconforming sign must seek a special permit from the Zoning Board of Appeals in accordance with Section 5.3. In addition to the standards of Section 5.3, the Zoning Board of Appeals shall consider the following when determining whether a change is substantially more detrimental than the existing nonconforming sign:

Definitions and basic requirements.

Additional sign regulations.

Special permit. Deviation from the standards of this Section 9.3.14, Signage, may be granted through special permit application to the Planning Board. The Planning Board, acting as SPGA, may grant approval, deny, or approve with conditions. The SPGA shall only approve where it finds that the proposed deviations are consistent with the stated purposes of the SCD, will result in no substantial detriment to adjacent and nearby property owners, and will pose no risk to public safety and welfare.

Wireless communication facilities primarily and exclusively used for Town or state emergency services.

Amateur radio towers used in compliance with the terms of any amateur radio service licensed by the Federal Communications Commission and used solely for that purpose.

Wireless communication structures and devices used expressly for home television reception.

Wherever feasible, wireless communication devices shall be located on existing towers, on municipally owned land, or on other nonresidential structures, minimizing proliferation of new towers.

Wireless communication structures shall be built so that the structural integrity of the facility is able to accommodate devices operated by another carrier with little or no modification.

Setbacks. The minimum distance from the base of the wireless communication structure to any property line or road right-of-way shall be at least 1.25 times the height of the structure to ensure an adequate fall zone.

The setbacks for the wireless communication building shall comply with the setback requirements for the zoning district.

The wireless communication structure shall be a minimum distance of three times the height from school buildings, playgrounds, athletics fields, and abutting residences to prevent the structure from appearing to "tower" over, adversely affecting property values.

The height shall be the minimum height necessary to accommodate anticipated and future use.

The wireless communication structure shall, when possible, be sited off ridge lines and where its visual impact is the least detrimental to valuable historic and scenic areas.

No existing wireless communication structures or municipally owned land where a structure could be constructed are located within the geographic area required to meet the applicant's engineering requirements.

No existing nonresidential structure could accommodate a proposed device within the geographic area to provide suitable coverage.

Existing wireless communication structures or nonresidential structures are not of sufficient height to meet the applicant's requirements.

Existing wireless communication structures or nonresidential structures do not have sufficient structural strength or cannot be brought up to appropriate strength to support the proposed wireless communication device.

The proposed wireless communication device would cause electromagnetic interference with the existing devices on the site, or the existing devices would cause interference with the proposed wireless communication device.

The fee, costs, or contractual provisions required by the owner in order to share an existing wireless communication structure or to adapt an existing structure for use are unreasonable. Costs are unreasonable if they are equal to or greater than twice the cost of building a new structure.

The applicant demonstrates that there are other limiting factors that render existing structures unreasonable.

Wireless communication structures shall be designed to accommodate the maximum number of users as technologically possible.

There shall be no signs or advertisements, except for no trespassing signs and a required sign giving a phone number where the responsible party can be reached on a twenty-four-hour basis.

All wireless communication devices shall be colored, molded, and/or installed to blend into the structure and/or the landscape.

The facility shall be fenced to control access (not necessarily the whole property).

Night lighting of the facility shall be prohibited unless required by the FAA. If required by the FAA, a copy of the FAA permit requiring lighting should be submitted with the application.

There shall be a maximum of one parking space for each facility to be used in connection with maintenance of the site and not to be used for the storage of vehicles or other equipment.

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

Vegetative screening shall be used to screen abutting residential properties and roadways. Plants that fit in with the surrounding natural vegetation shall be used.

Application and technical review fees shall be submitted concurrently with any application submitted in conformance with this bylaw.

New wireless communication structures. To site a new wireless communication structure, the applicant shall submit site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on twenty-four-inch by thirty-six-inch sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, where appropriate, on as many sheets as necessary, which show the following:

Existing wireless communication structures or nonresidential structures. To site a wireless communication device on existing wireless communication structures or nonresidential structures, such as buildings, steeples, water towers or other nonresidential structures, including co-location with another carrier, provided that the new use does not add to the height of the structure, the applicant shall submit site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on twenty-four-inch by thirty-six-inch sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, on as many sheets as necessary, which show the following:

That the applicant has demonstrated to the satisfaction of the SPGA that the requirements of this bylaw have been met.

That the size and height of the structure is the minimum necessary.

That the proposed wireless communication facilities will not adversely impact historic structures or scenic views.

That there are no feasible alternatives to the location of the proposed wireless communication facilities, including co-location, that would minimize their impact, and the applicant has exercised good faith in permitting future co-location of facilities at the site.

When considering an application for a wireless communication facility, the SPGA shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences, and will encourage the use of existing structures.

If the FCC or the FAA regulations are changed, the owner or operator shall bring the facilities into compliance within six months or earlier if a more stringent compliance schedule is included in the regulation.

Failure to comply with any regulations shall be grounds for removal of noncomplying structures, buildings, devices at the owner's expense.

If the device is moved lower on the structure and the top of the structure is no longer needed, then the nonoperational part of the structure shall be removed within 120 days.

An applicant must execute a covenant with the SPGA agreeing to remove, within 180 days of notice from the Town, the wireless communication facility not in operation for a period of 12 months, unless the reason for nonoperation is the result of major damage.

If the facility is not removed within 180 days, the Town will remove said facility at the owner's expense.

In the event of major damage, repair must begin within six months of damage. Major damage shall mean damage to the facility caused by no fault of the owner or operator.

Establish specific zoning standards and regulations for medical marijuana treatment centers and medical marijuana growing and cultivation operations;

Protect the public health, safety and welfare of Stoughton residents;

Provide for limited establishment of MMTDF and marijuana cultivation in appropriate places and under strict conditions;

Regulate the siting, design, placement, safety, monitoring, modification, and removal of MMTDF and marijuana cultivation;

Limit the overall number of MMTDF and marijuana cultivation activity in the Town to what is essential to serve the public necessity; and

To minimize the adverse impacts of medical marijuana treatment and dispensing facilities and marijuana cultivation on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

The commercial cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana facility under this Section 9.5.

No medical marijuana facility shall be established except in compliance with the provisions of this section.

Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

Adequacy of the site in terms of the size of the proposed use(s);

Suitability of the site for the proposed use(s);

Impact on traffic and safety;

Impact on the visual character and the surrounding neighborhood;

Adequacy of utilities, including sewage disposal, water supply and stormwater drainage.

All medical marijuana treatment and dispensing facilities shall be designed and constructed in accordance with the underlying industrial zoning district and the requirements of all applicable provisions of the Stoughton Zoning Bylaw, including Section 9.5, and the Overlay District as per plan for medical marijuana treatment and dispensing facilities and marijuana cultivation.

Any medical marijuana treatment and dispensing facilities or cultivation application shall be subject to all of the Town of Stoughton Zoning Bylaws and the provisions in this bylaw.

Application and technical review fees shall be submitted concurrently with any application submitted in conformance with this bylaw. Additional technical review fees will be assessed by the Engineering Department if warranted by excessive technical engineering reviews of the project.

Flashing signs, moving signs, and roof signs are not permitted.

Rear building signs are prohibited.

Compliance with laws, ordinances and regulations: The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

Building permit and building inspection: No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Property lines and physical features, including roads, for the project site;

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

A one- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; and

The name, contact information and signature of any agents representing the project proponent.

Documentation of actual or prospective access and control of the access site (see Section 9.6.7);

An operation and maintenance plan (see Sections 9.6.8 and 9.6.13);

Proof of liability insurance; and

Description of financial surety (see Section 9.6.15).

Front yard: The front yard depth shall be at least 25 feet; provided, however, that where the lot abuts a conservation area or residential district, the front yard shall not be less than 50 feet.

Side yard: Each side yard shall have a depth of at least 20 feet; provided, however, that where the lot abuts a conservation area or residential district, the side yard shall be 50 feet.

Rear yard: The rear yard depth shall be at least 40 feet; provided, however, that where the lot abuts a conservation area or residential district, the rear yard shall be 50 feet.

Lighting: Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage: Signs on large-scale ground-mounted solar photovoltaic installations shall comply with the sign regulation of the Town of Stoughton Zoning Bylaws. The sign will be required to identify the owner and provide a twenty-four-hour emergency contact telephone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

Utility connections: Reasonable efforts, as determined by the Planning Board, Town Engineer and the Department of Public Works, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Emergency services: The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts: Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Solar photovoltaic installation conditions: The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

Modifications: All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval of the Planning Board and the Engineering Department.

Removal requirements of any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with this section 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 plans for removal. Decommissioning shall consist of:

Abandonment absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation at the owner's expense.

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazard to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions; and

Reduce damage to public and private property resulting from flooding waters.

The exact boundaries of flood hazard areas may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 17, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Engineering Department, Building Commissioner and Conservation Commission.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

Forestry and nursery uses;

Outdoor recreational uses, including fishing, boating, play areas, etc;

Conservation of water, plants and wildlife;

Wildlife management areas and foot, bicycle and/or horse paths;

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;

Buildings lawfully existing prior to the adoption of these provisions.

In Zone AE, along watercourses that have a regulatory floodway designated within the Town of Stoughton on the Norfolk 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:

Floodway data. In Zones A and AE, along watercourses that have had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in the 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. 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.

Adjacent communities;

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104; and

NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110.

Sections of the Massachusetts State Building Code which address floodplain and coastal high hazard areas (currently 780 CMR) which address floodplain and coastal construction;

Wetlands protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00) and as adopted by the Stoughton Conservation Commission;

Inland wetlands restriction, DEP (currently 310 CMR 13.00);

Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15, Title 5);

All applicable provisions of the Stoughton Bylaws and maps that form a part of such bylaws.

Any variances from the provisions and requirements of the above-referenced state and/or local regulations may only be granted in accordance with the required variance procedures of these regulations.