Sturbridge City Zoning Code
PART 3
Special Development Regulations
§ 300-8.1 Purpose and intent.
A.
Open space residential development (OSRD) is a creative land use technique that accommodates residential growth while preserving at least 50% of the parcel as meaningful open space in perpetuity. OSRD is the preferred form of residential development in the Town of Sturbridge and is permitted within the Rural Residential, Suburban Residential and Special Use Zoning Districts.
B.
The primary purposes for this bylaw are to encourage flexibility and creativity in the design of residential developments and to encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than traditional subdivisions. Appropriate OSRD will facilitate the permanent preservation of meaningful open space and help to maintain the Town's traditional New England character and land use development pattern.
§ 300-8.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Activities of a formal nature and often performed with others, requiring equipment and/or the use of motorized vehicles and taking place at prescribed places and sites.
Natural or created features that enhance the aesthetic quality or visual appeal or makes more attractive or satisfying a particular property, place or area. Amenities may include gardens, parks, playgrounds, tennis courts, ball fields, club houses, trails, swimming pools and other similar items.
The number of dwelling units that would be allowed on a site using the standard Zoning Bylaw provisions and/or Subdivision Rules and Regulations as determined by a conventional yield plan.
Any land area, other than open space, set aside for common ownership as a result of an OSRD, including areas for common facilities.
Structural stormwater management techniques, including, but not limited to, catch basins, subsurface piping, stormwater inlets and subsurface leaching facilities. These techniques generally require heavy infrastructure and often result in significant alteration of the site hydrology.
A private nonprofit organization (corporation, association or other legal entity) established by the developer to manage, maintain, support and finance the common facilities and common open space of an OSRD, and to enforce certain covenants and restrictions.
These households shall be defined as those in the "very low income" affordability range as published annually by the Department of Housing and Urban Development. Although this figure is generally considered to be 50% of the area median income (AMI), the Planning Board recognizes that this calculation may vary depending upon the subsidy program applied to the unit.
These households shall be defined as those in the "low income" affordability range as published annually by the Department of Housing and Urban Development. Although this figure is generally considered to be 80% of the area median income (AMI), the Planning Board recognizes that this calculation may vary depending upon the subsidy program applied to the unit.
Activities that involve inactive or less energetic activities, such as walking, sitting and picnicking, etc. These activities have less potential impact on surrounding land uses.
Nonstructural stormwater management techniques that use passive surface pretreatment of stormwater in conjunction with decentralized recharge to achieve a low-impact design that attempts to mimic pre-development hydrologic conditions to the greatest practicable extent.
§ 300-8.3 Applicability.
A.
The Planning Board may grant a special permit for an open space residential development for any parcel or contiguous parcels in the same ownership within the Rural Residential, Suburban Residential or Special Use Districts for housing types other than single-family detached dwelling units. The Planning Board may determine that two or more parcels separated by a road or other man-made feature are "contiguous" for the purpose of this section, if they will serve as a singular resource and effectively satisfy the purpose and intent of this bylaw. An applicant for an OSRD special permit will be required to file plans showing both a conventional residential subdivision and an open space residential development in accordance with the provisions of this bylaw.
B.
Eligible districts. An OSRD shall be permitted within the Rural Residential, Suburban Residential or Special Use Districts, pursuant to the requirements of this section.
C.
Uses allowed as of right. The following uses are allowed as of right in an OSRD with reduced or modified dimensional requirements as set forth in this article:
(1)
Single-family detached dwellings. Subject only to the requirements of the subdivision regulations or site plan review as applicable and any other generally applicable nonzoning land use regulations. All proposed single-family detached housing developments choosing open space residential development as the development method shall comply with the provisions of this article, unless the Planning Board allows a development that deviates from the requirements of this article by special permit as noted in §§ 300-8.10 and 300-8.11.
D.
Special permit uses. The following uses are allowed by special permit from the Planning Board in an OSRD with reduced or modified dimensional requirements as set forth in this article:
§ 300-8.4 Pre-application procedures.
A.
Pre-application conference.
(1)
A pre-application meeting between Planning and other staff and the applicant is strongly encouraged. At the pre-application meeting, the applicant may outline the proposed development, including both conventional and OSRD models to receive preliminary feedback prior to a complete design of the project. This pre-application meeting will help to promote better communications and will help to avoid misunderstandings about the bylaw, the procedures used or any other applicable bylaw or regulation.
(2)
The applicant is also encouraged to request a pre-application review at a regular business meeting of the Planning Board. If the applicant chooses to request a pre-application meeting, the Planning Board may, at its discretion, invite other Town boards to attend the pre-application review. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence discussions with the Planning Board at the earliest possible stage in the development. At the pre-application review, the applicant may outline the proposed development, including both conventional and OSRD models, seek preliminary feedback from the Planning Board and/or its technical experts and set a timetable for submittal of a formal application.
(3)
The applicant is encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate pre-application review of the special permit. If a site visit is requested, the Planning Board may, at its discretion, invite other Town boards to attend the site visit.
B.
Pre-application submittals. In order to facilitate review of the special permit at the pre-application stage, applicants should submit the following information:
(1)
Site context map. This map shall illustrate the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it shall show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands. This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.
(2)
Existing conditions/site analysis map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map shall show current zoning district boundaries, including Floodplain and Groundwater Protection Districts, and shall locate and describe noteworthy resources that should be protected through sensitive subdivision layouts. These resources shall include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature, non-degraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. Where appropriate, photographs of these resources should accompany the map. By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap/conflict.
(3)
Other information. In addition, applicants may submit any additional information or documentation that may be helpful to the Planning Board.
§ 300-8.5 Application for OSRD.
The Planning Board, acting as the special permit granting authority (SPGA), may authorize an OSRD special permit pursuant to the procedures developed below.
A.
Application. An applicant for an OSRD special permit will be required to file plans showing both a conventional residential subdivision and an open space residential development in accordance with the provisions of this bylaw. An application for a special permit shall be submitted on the appropriate forms to the Planning Department. Applicants for OSRD shall also file with the Department 15 copies of the concept plan. The concept plan shall include a conventional yield plan and an OSRD plan (See Subsections B and C of this section), prepared by an interdisciplinary team including a registered civil engineer, registered land surveyor and a registered landscape architect. The applicant shall also submit both the Site context map and existing conditions/site analysis map prepared according to § 300-8.4B above. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soils maps.
B.
Conventional yield plan. The basic maximum number of allowable dwelling units shall be derived from a conventional yield plan. The conventional yield plan shall show a conventional development conforming to the applicable Zoning Bylaw provisions and Subdivision Rules and Regulations to show the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional approach. The proponent shall have the burden of proof with regard to the basic maximum number of units resulting from the design and engineering specifications shown on the conventional yield plan. The conventional yield plan shall contain, at a minimum, the following information:
(1)
Parcel boundaries, North point, date, legend, title "Conventional Yield Plan," and scale.
(2)
The name and address of the record owner or owners, the applicant and the design engineer and/or land surveyor that prepared the plan.
(3)
The names of all abutters as determined from the most recent Assessors' records.
(4)
The names, approximate location and widths of adjacent streets.
(5)
The locus of the land shown on the plan at a scale of 1,000 feet to the inch (1" = 1,000').
(6)
Existing topography at two-foot contour intervals.
(7)
Map of soils using NRCS soils mapping.
(8)
All on-site local, state and federal regulatory resource boundaries and buffer zones shall be clearly identified, and all wetland flag locations shall be numbered and placed upon the yield plan.
(9)
Lot lines with approximate areas and frontage dimensions, or unit placements and proposed common areas.
(10)
Location and extent of parking, landscaping, stormwater management, water supply and wastewater management service areas that would be required to accommodate the use.
(11)
If available, the location and results of any test pit investigations for soil profiles, percolation rates and determination of seasonal high groundwater levels.
C.
OSRD plan. The OSRD plan shall address the general features of the land, and give approximate configurations of the proposed lots, of open space and roadways. The OSRD plan shall incorporate the four-step design process, according to § 300-8.6 below, and the design standards, according to § 300-8.7 below, when determining a proposed design for the development. In addition to those requirements for a conventional yield plan listed in Subsection B, an OSRD plan shall contain the following information:
(2)
The location of existing landscape features, including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archaeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major land views, forest glades, major tree groupings, noteworthy tree specimens and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to § 300-8.6A. Proposals for all site features to be preserved, demolished or altered shall be noted on the OSRD plan.
(3)
The location, names, widths and condition of adjacent streets, approaching or near the proposed development and the proposed lines of streets, ways, driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the development, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the development in a general manner.
(4)
Proposed roadway grades.
(5)
Official soil percolation tests for the purpose of siting wastewater treatment options shall be required as determined by the Planning Board. However, a narrative explanation shall be prepared by a Massachusetts certified professional engineer detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether individual on-site or off-site systems, shared systems, alternative to Title V systems or any combination of these or other methods will be utilized. Additionally, the narrative shall describe potential flows and shall explain how the proposal will meet Massachusetts Department of Environmental Protection (MADEP) and local standards for wastewater systems, whether individual or shared.
(6)
A narrative explanation prepared by a Massachusetts certified professional engineer proposing systems for stormwater drainage and likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether soft or hard stormwater management techniques will be used and the number of any detention/retention basins or infiltrating catch basins. It is not intended to include specific pipe sizes. Any information needed to justify this proposal should be included in the narrative. The proposed system of drainage, including existing natural waterways, in a general manner shall be shown on the plan and accompanied by a conceptual landscaping plan.
(7)
A narrative explanation prepared by a Massachusetts certified professional engineer, detailing the proposed drinking water supply system.
(8)
A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Proposed open space parcels shall be clearly shown on the plan. Additionally, the proposed open space parcels shall be shown on a plan in relation to other existing protected lands within the Town. Applicants shall contact the Planning Department for electronic and/or paper copies of the most recent protected lands mapping for this purpose.
(9)
All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative.
(10)
A list of all legal documents necessary for implementation of the proposed development, including any conservation restrictions land transfers and master deeds, with an accompanying narrative explaining their general purpose.
(11)
A narrative indicating all requested waivers, reductions and/or modifications as permitted within the requirements of this bylaw.
(12)
A narrative providing preliminary findings, in a general way, of the environmental impact analysis if expected to be required.* (An environmental impact analysis is required for any subdivision proposing five or more dwelling units. See the Town of Sturbridge Subdivision Regulations for detailed information.[2])
D.
Procedures. Whenever an application for an OSRD special permit is filed with the Planning Department, the Department shall forward, within five working days of the filing of the completed application, copies of the application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, DPW Director, Police Chief and Fire Chief, for their consideration, review and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the Planning Board opens the public hearing on the application prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period.
E.
Site visit. Whether or not conducted during the pre-application stage, the Planning Board may conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.
F.
Other information. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for an OSRD special permit with the public hearing required for approval of a definitive subdivision plan.
§ 300-8.6 Design process.
As part of submitting an application for approval of an OSRD special permit, applicants are required to demonstrate to the Planning Board that the following design process was performed by a multi-disciplinary team of which one member must be a certified landscape architect and considered in determining the layout of proposed streets, house lots and open space as shown on the OSRD plan.
A.
Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, lands adjacent to other protected lands as depicted on the current Protected Lands Map for the Town of Sturbridge, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area will be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.
B.
Step Two: Locating House Sites. Locate the approximate sites of individual houses within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of homes enjoying the amenities of the development should be maximized.
C.
Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks and trails.
D.
Step Four: Lot Lines. Draw in the lot lines.
§ 300-8.7 Design standards.
The following general and site specific design standards shall apply to all OSRD plans, and shall govern the development and design process:
A.
General design standards.
(1)
The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, surface water buffers and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
(2)
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks and trees; to minimize cut and fill; and to preserve and enhance views and vistas on and off the subject parcel.
(3)
All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
(4)
The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
B.
Site-specific design standards.
(1)
Building heights. All structures within an OSRD project shall comply with the height and story limitations as stated in Part 4, Article XIV, Table of Dimensional Requirements (§ 300-14.2). However, building heights of greater than 35 feet but not to exceed three stories may be allowed by the special permit granting authority when it is determined that the location, scale and characteristics of the proposed land uses on the site, and the design, siting and scale of the structures included within the OSRD, is in harmony with the surrounding properties and land uses.
(2)
Parking. Each dwelling unit for single- and two-family homes shall be served by two off-street parking spaces per unit. Parking spaces in front of garages may count in this computation. For dwelling units with fewer than two bedrooms, the applicant shall provide 1.5 parking spaces per unit. Calculations for parking spaces in these developments shall be rounded up to the nearest integer where necessary. The Planning Board may choose to modify these requirements during the review process in response to conditions specific to an individual proposal.
(3)
Drainage. The Planning Board shall encourage the use of soft stormwater management techniques and other low-impact development techniques that reduce impervious surface and enable ground infiltration where possible.
(4)
Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.
(5)
On-site pedestrian and bicycle circulation. Walkways, trails and bicycle paths shall be provided to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
(6)
Disturbed areas. Every effort shall be made to minimize the area of disturbed areas of the tract. A disturbed area is land not left in its natural vegetated state.
(7)
Common driveways.
(a)
The Planning Board may authorize the use of common driveways to provide access to no more than three individual lots of land within an OSRD, provided that the following conditions are met:
[1]
A common driveway shall have a minimum roadway width of 16 feet to a maximum of 20 feet, in addition to an easement of sufficient width to assure proper drainage and maintenance.
[2]
A common driveway shall not exceed 75 feet in length.
[3]
The slope or grade of a common drive shall in no place exceed 8% grade or be less than 0.5% grade, except with the written approval of the DPW Director.
[4]
The common drive shall intersect a public way at an angle of not less than 80°.
[5]
Alignment and sight distances should be sufficient to support a design speed of 15 miles per hour.
[6]
The common driveway shall lie entirely within the lots being served.
[7]
The common driveway, at its intersection with the street, must provide a leveling-off area with a slope no greater than 1% for the first 20 feet and a slope no greater than 5% for the next 30 feet.
[8]
There shall be a minimum of 50 feet between the entrances of any two common driveways onto any road.
[9]
The common driveway shall be constructed of a minimum fifteen-inch gravel base, with an oil and stone top layer of 1 1/2 inches consisting of three successive layers of 3/4-inch crushed traprock stone, 1/2-inch crushed traprock stone and 1/4-inch crushed traprock stone, with a crown sufficient for drainage; or of a top layer of bituminous concrete with a three-inch minimum thickness; or of any other paving materials (stone pavers, porous pavers, etc.) with the approval of the DPW Director. Drainage shall be by sheet runoff to drainage swales adequate to dispose of surface runoff. Culverts will be installed if deemed necessary by the Planning Board.
[10]
A common driveway shall have adequate sight distance at its intersection with a public or private road, and shall not create traffic safety hazards to its users or the public.
[11]
The common driveway shall access the property over the frontage of at least one of the lots being served by the driveway.
[12]
The common driveway shall provide the only vehicular egress/access to the lots being serviced.
[13]
Permanent signs, sufficiently readable from the road to serve the purpose of emergency identification and complying with the State Building Code and Town bylaws, indicating the street number address assigned to each lot served by the common driveway shall be installed within 10 feet of the intersection of the common driveway with the street, as well as within 10 feet of the intersection of an individual lot driveway with the common driveway. This requirement is in addition to those for individual homes.
[14]
Common driveway design shall to the greatest extent possible minimize adverse impact to wetlands, farmland or other natural resources; allow reasonable, safe and less environmentally damaging access to lots characterized by slopes or ledges; and result in the preservation of rural character through reduction of number of accessways; and retention of existing vegetation and topography.
[15]
Frontage along the length of a common driveway shall in no way be used to satisfy frontage requirements as specified in the Zoning Bylaw.
(b)
These standards may be waived when, in the opinion of the Planning Board, such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Bylaw.
§ 300-8.8 Open space requirements.
A.
Required open space. A minimum of 50% of the area of the parcel shall be provided as open space. Roadway rights-of-way and drainage areas shall not count toward the area to be provided as open space. The percentage of the minimum required open space that can be wetland shall not exceed the percentage of wetland for the entire site under existing conditions as shown on the OSRD plan. A sample calculation follows:
Sample Calculation: |
Existing Conditions - 12 acre site (3 acres of wetland) = 25% wetland coverage |
Open Space Requirements - 50% Open Space = 6 acres (25% wetland coverage = 1.5 acres) |
The Open Space would include 4.5 acres of upland and 1.5 acres of wetland. |
B.
Open space design requirements.
(1)
The location of open space provided through this bylaw shall be consistent with the policies contained in the Master Plan and the Open Space and Recreation Plan of the Town. The open space should be of a quality that both protects the environment and promotes community.
(2)
The following design requirements shall apply to open space and lots provided through this bylaw:
(a)
Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site or as connections between open space areas. The Planning Board may allow noncontiguous open space within the boundaries of the site when it is determined that the proposed open space areas promote the goals of this bylaw and/or will protect identified primary and/or secondary conservation areas and/or when the Planning Board determines that the size, shape and location of such parcels (within the proposed development) are suitable for the designated uses. Where feasible, these parcels shall be linked by trails.
(b)
Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails and archeological sites, and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel, and cuts and fills shall be minimized.
(c)
Where the proposed development abuts or includes a body of water, reasonable access shall be provided to shorelines where appropriate.
(d)
The maximum number of dwelling units compatible with standard practices in design shall abut the open space and all homeowners within the open space residential development shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. Such access may be limited where the Planning Board finds that resource areas are vulnerable to trampling or other disturbance.
(e)
Open space shall be provided with adequate access, by a strip of land at least 20 feet wide, suitable for a footpath, from one or more streets in the development.
(f)
Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land. Trail connections shall be provided where appropriate.
C.
Allowable use of open space.
(1)
Purpose. Open space shall be used solely for recreation, conservation, agriculture or forestry purposes by residents and/or the public. Where appropriate, multiple use of open space is encouraged. At least 1/2 of the required open space may be required by the Planning Board to be left in a natural state. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas.
(2)
The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space.
(a)
Protected lands. The Planning Board may require that up to one-half of the minimum required open space remain in its natural state.
(b)
Recreation lands. Where appropriate to the topography and natural features of the site, the Planning Board shall require that at least 10% of the open space or two acres (whichever is less) shall be of a shape, slope, location and condition to provide an informal field for group recreation or community gardens for the residents of the subdivision.
(c)
Leaching facilities and/or wells and well fields. If not connected to public sewerage and/or public water, and subject to the approval of the Board of Health, the Massachusetts Department of Environmental Protection, or as otherwise required by law, the Planning Board may permit a portion of the open space to be used for components of sewage disposal system and/or wells or well fields serving the subdivision, where the Planning Board finds that such use will not be detrimental to the character, quality or use of the open space, wetlands or water bodies, and enhances the site plan. The Planning Board shall require adequate legal safeguards and covenants, to be included in the deeds to the lots in the open space residential development, that such facilities shall be adequately maintained by the lot owners within the development.
(d)
Accessory structures. Up to 5% of the open space may be set aside and designated to allow for the construction of structures and facilities accessory to the proposed use of the open space, including parking.
(e)
Agriculture and forestry. Agriculture, horticulture, floriculture, viticulture or forestry are allowed as accessory uses to the OSRD; provided if the land is not conveyed to the Town, the owner shall submit a long-term management plan for the use of the land, including, as appropriate, sustainable forestry or agricultural processes, pesticide, insecticide, fertilizer and animal waste management plans, and other issues pertaining to the stewardship of the land. The Planning Board shall review and approve the plan in making its decision.
D.
Ownership of open space.
(1)
Ownership options. At the developer's option and subject to approval by the Planning Board, all areas to be protected as open space shall be either:
(a)
Conveyed to the Town to be placed under the care, custody and control of the Town of Sturbridge or the Town of Sturbridge Conservation Commission, and be accepted by it for open space use. Land conveyed to the Town may be opened to public use.
(b)
Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection D(2) below. Such organization shall be approved by the Planning Board as a nonprofit conservation organization.
(c)
Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e., "homeowners' association") and placed under a conservation restriction. If such a corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners' association is legally and practically capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space. The Planning Board shall require the applicant to provide documentation that the homeowners' association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision.
(2)
Permanent restriction. In any case where open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction in accordance with MGL c. 184, §§ 31 through 33, approved by the Planning Board and Board of Selectmen and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Energy and Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this bylaw and approved by the Planning Board. It is the applicant's duty to timely secure approvals of such restriction as required by MGL c. 184, § 32. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Planning Board for review prior to approval of the project, and shall be recorded at the Registry of Deeds/Land Court simultaneously with the recording of the OSRD special permit. A management plan may be required by the Planning Board which describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.
(3)
Encumbrances. All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances inconsistent with using and maintaining the open space as such in perpetuity.
(4)
Maintenance of open space. In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land and to allow the Town to enter the property for the purposes of inspecting the maintenance of the property. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses.
(5)
Monumentation. Where the boundaries of the open space are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the open space.
§ 300-8.9 Use and dimensional standards.
A.
Housing types. Single-family detached dwelling, single-family attached dwelling, two-family dwelling, multifamily dwelling and accessory dwelling units may be constructed in an open space residential development (OSRD) as outlined in § 300-8.10 and except as specified, although such lots have less area, frontage and/or rear and side yard dimensions than normally required.
B.
Basic maximum number of dwellings. The maximum number of dwellings for an OSRD shall be determined by a conventional yield plan, even for OSRDs consisting of all single-family detached dwellings. In no case shall the number of dwelling units permitted exceed that which would be permitted under a conventional ("grid") subdivision that complies with the Town Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board and any other applicable laws and regulations of the Town or the state, with the following exceptions:
§ 300-8.10 Reduction of dimensional requirements.
Applicants may propose to modify lot size, unit placement, shape and other dimensional requirements otherwise applicable to the OSRD, subject to the following:
A.
Frontage.
(1)
Existing roadways. Lots on existing roadways shall conform to the frontage requirement of the underlying district. However, the Planning Board may reduce the minimum frontage requirement through the special permit process where it is determined that such reduced lot(s) will further the goals of this bylaw.
(2)
Internal roadways. No lot within an OSRD shall have less than 50 feet of frontage. This frontage requirement shall apply only to lots fronting on proposed internal roadways. However, the Planning Board may reduce the minimum frontage requirement through the special permit process where it is determined that such reduced lot(s) will further the goals of this bylaw.
B.
Setbacks.
(1)
Existing roadways. Lots on existing roadways shall conform to the setback requirements of the underlying district. However, the Planning Board may reduce the minimum setback requirements through the special permit process where it is determined that such reduced setbacks will further the goals of this bylaw.
(2)
Internal roadways. Every dwelling fronting an internal roadway shall be set back a minimum of 20 feet from the front property line, and 10 feet from any rear or side lot line.
(3)
The side yard setback requirement shall apply to single-family detached dwellings and end units of structures containing single-family attached dwellings, two-family dwellings and multifamily dwellings. A side yard need not be provided on that side of a dwelling that shares a party wall or double wall with an adjacent dwelling.
(4)
The Planning Board may reduce the side yard requirement through the special permit process if dwelling unit dimensions or other conditions justify doing so, provided the reduction is consistent with the intent of this section.
C.
Lot size. The minimum lot size shall be no less than 1/3 the square footage otherwise required in the zoning district in which the subdivision is located or 10,000 square feet, whichever is greater.
§ 300-8.11 Bonus dwelling units.
The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number for an OSRD plan. The density bonus for the OSRD shall not, in the aggregate, exceed 20% of the basic maximum number. Computations shall be rounded down to the nearest integer when determining this bonus. The applicant must demonstrate that the land is suitable to support the additional bonus units (i.e., the parcel has suitable soils to support on-site systems, ample public sewer service is available, soil types and topography can support additional units, adequate water supply is available, etc.).
A.
Open space, recreation, prime lands density bonus.
(1)
For each additional 10% of the site (over and above the required 50%) set aside as open space, a bonus of 5% of the basic maximum number may be awarded. A bonus may only be awarded when the additional open space has no higher a percentage of wetlands than what is allowed for the mandatory 50% open space under § 300-8.8A.
(2)
For the construction of passive and/or active recreation facilities that are available for public use, one dwelling unit may be added per two acres of recreation land or per 2,500 feet of trail: however, this density bonus shall not exceed 5% of the basic maximum number. For the purpose of this section, the term "trail" shall be defined as a linear corridor suitable for use for recreation and/or transportation designed to accommodate the expected users of the trail system. The Planning Board shall have final approval of the location, alignment, width and surface type of the proposed trail. An applicant wishing to receive a density bonus for trail construction is strongly encouraged to submit preliminary trail design plans as early in the process as possible.
(3)
For every five acres of prime agricultural soils or active farmland preserved at the site, one dwelling unit may be added as a density bonus; provided that this density bonus shall not exceed 5% of the basic maximum number.
B.
Historic preservation. For every historic structure preserved and subject to a historic preservation restriction, one dwelling unit may be added to the basic maximum number.
C.
Alternative energy. For every four dwelling units in which alternative renewable energy (i.e., solar power, wind power, hydroelectric power and other sources deemed acceptable by the Planning Board) supplies at least 50% of the total annual energy requirements for heating and hot water for that dwelling unit, one dwelling unit may be added as a density bonus; provided that this density bonus shall not exceed 5% of the basic maximum number.
D.
Affordable housing.
(1)
A density bonus may be permitted when the proposed subdivision provides permanently affordable housing opportunities, whether within the open space residential subdivision or elsewhere in Sturbridge. When located within the open space residential subdivision, affordable units shall be developed concurrently with the market-rate units.
(2)
For every two dwelling units restricted in perpetuity to occupancy by moderate-income households, or for every one dwelling unit restricted in perpetuity to occupancy by low-income households provided under this section, one additional market-rate dwelling unit may be permitted, up to a maximum 5% of the basic maximum number. Affordable housing units may be used toward density bonuses only if they can be counted towards the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count towards the community's affordable housing inventory to the satisfaction of the Planning Board.
§ 300-8.12 Decision of Planning Board.
A.
Review and decision. With respect to materials submitted, time limits for action and other such procedural matters, the Planning Board shall act in accordance with the procedures specified in the Town of Sturbridge Rules and Regulations governing Special Permits - Planning Board, adopted December 2, 2002, and as may from time to time be amended,[1] and in accordance with MGL c. 40A, §§ 9 and 11 regarding submittal, review and decision. Where this bylaw requires additional submittals, those items shall also be submitted.
B.
Approval criteria.
(1)
Findings. The Planning Board may approve the development upon finding that it complies with the purposes and standards of the Open Space Residential Development Bylaw and those standards for the issuance of special permits set forth in § 300-18.2B(2) of the Zoning Bylaws and MGL c. 40A, § 9, and is superior in design to a conventional subdivision with regard to protection of natural features and scenic resources of the site. The Planning Board shall consider the following criteria in making its decision:
(a)
Upland open space as required by this bylaw has been provided and generally conforms to the design requirements in § 300-8.8A of this bylaw.
(b)
Approximate building sites have been identified and are not located closer than 50 feet to wetlands and water bodies.
(c)
Proposed streets have been aligned to provide vehicular access to each house in a reasonable and economical manner. Lots and streets have been located to avoid or minimize adverse impacts on open space areas and to provide views of and access to the open space for the lots.
(2)
The Planning Board's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit.
C.
Conditions. The Planning Board shall impose conditions in its decision as necessary to ensure compliance with the purposes of this bylaw. Approval of an open space residential development shall be conditioned upon definitive subdivision approval as applicable. Lands made subject to an OSRD special permit may not be further divided so as to increase the number of lots, or alter the ways, common areas or open space provided for by such special permit, without a modification of the special permit.
D.
Time limit. A special permit under this section shall lapse if substantial use or construction has not commenced within three years from the date the special permit decision is filed with the Town Clerk, not including appeals periods, except for good cause shown. An extension of time may be granted by the Planning Board upon application by the owner/applicant prior to the expiration and upon review of the circumstances and a finding of good cause.
E.
Relationship to Subdivision Control Law. Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of this bylaw or the Subdivision Rules and Regulations of the Planning Board,[2] nor shall it affect the right of the Board of Health and of the Planning Board to approve, condition or disapprove a subdivision plan in accordance with the provision of such Rules and Regulations and of the Subdivision Control Law. To the extent possible, the application for approval of an open space residential development and a definitive subdivision application shall be processed and administered contemporaneously. An application for an OSRD shall be followed by an application for a definitive subdivision plan, as necessary.
§ 300-8.13 Severability.
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Sturbridge Zoning Bylaw.
§ 300-9.1 Purpose; applicability.
A.
The purpose of this article is to establish a bylaw which regulates wireless communication facilities such that these services may be provided with minimal harm to the public health, safety and general welfare. This bylaw has been created to:
(1)
Protect the general public from hazards associated with wireless communication facilities.
(2)
Minimize visual impacts from wireless communication facilities.
(3)
Prevent adverse impact on local property values.
(4)
Enable the responsible deployment of wireless communication facilities in the Town to promote public safety and quality of life.
B.
This article does not apply to satellite dishes and antennas for residential use.
§ 300-9.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The device from which wireless radio signals are sent and received through the air.
The average elevation of dominant-height treetops within the fall zone of the tower.
The use of structure, materials, coloration and/or shapes to disguise, hide or render unremarkable the appearance of a wireless communication facility and/or its components.
A company that provides personal wireless services.
The highest elevation treetop within a defined area together with treetops in that same area whose elevation is no more than 15 feet lower than the highest treetop.
The height above sea level of a specified point on the ground or above ground.
A structure that encloses wireless communication equipment and that can be entered by an individual. This does not include freestanding outdoor equipment cabinets which are serviced from outside the cabinet.
A 360° radius on the ground equal to 120% of the height of a facility measured from ground level at the base of the facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
A tower with three or more legs consisting of an open frame truss configuration.
A self-supporting tower consisting of structurally suitable materials used to support antennas and related equipment.
The structure or surface upon which antennas are mounted, including a tower attached to the ground or a rooftop, a frame attached to the top or side of a building or other structure, or a camouflage structure such as a faux rooftop chimney.
Those telecommunications services defined in the Telecommunications Act of 1996, Section 704.
An individual qualified by training and experience to design and evaluate radio frequency communications systems.
Electromagnetic energy emitted by radio transmission equipment and other sources.
A locked, impenetrable wall or fence that completely seals an area from unauthorized entry or trespass.
The use of a single mount or structure by more than one carrier to confine the impact of multiple facilities to one site.
A structure built and used primarily for the purpose of supporting antennas and related components that is at least 35 feet from its base to its top or the top of its highest appurtenance, whichever is higher, if mounted on the ground, and at least 12 feet from its base to its top or the top of its highest appurtenance, whichever is higher, if mounted on the roof or side of a building.
The assembly of any and all materials, equipment, equipment shelters, towers, mounts, antennas and cabling intended for transmitting or receiving personal wireless services (also referred to as "facility").
All land as portrayed on the Sturbridge Wireless Communication Overlay District Map, dated 11-26-1997, an overlay map to the official Sturbridge Zoning Map. As an overlay district, all requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded per the Wireless Communication Facilities Bylaw.
§ 300-9.3 Use regulations.
No wireless communication facility shall be placed, constructed or modified except as set forth below:
A.
Mounts attached to existing buildings or structures.
(1)
Pursuant to site plan approval obtained in accordance with these bylaws, a wireless communication facility may employ an existing building or structure, provided that the mount shall not increase the height of the existing structure.
(2)
Pursuant to site plan approval and a special permit granted by the Planning Board in accordance with these bylaws, a mount attached to a building or structure (other than a tower) may extend above the height of that building or structure if the Planning Board finds that the mount is appropriately camouflaged and/or screened from view, or the mount is otherwise compatible with the context of the site on which it is located; provided that no such mount may extend more than 12 feet above the building or structure.
B.
Mounts of any type within the tree canopy.
(1)
A new wireless communication facility, which may extend up to 15 feet in height above the average tree canopy elevation, may be located in the following zoning districts: Commercial, Commercial II, Commercial/Tourist, Special Use, General Industrial and Industrial Park, pursuant to a special permit and site plan approval issued by the Planning Board in accordance with these bylaws.
(2)
A new wireless communication facility, which may extend up to 15 feet in height above the average tree canopy elevation, may be located in a Residential District pursuant to a special permit and site plan approval issued by the Planning Board in accordance with these bylaws, provided the Planning Board finds that the applicant has exhausted all reasonable alternatives for placing the facility in a nonresidential district and provided that any wireless communication facility placed in a residential district shall not present a dominant visual feature to residential users within the district, and may utilize significant wooded isolation, topographical isolation and/or or camouflage consistent with its surroundings, as determined acceptable by the Planning Board, to achieve this result.
(3)
Any new wireless communication facility located under this section shall be camouflaged in a manner that is compatible with its surroundings as determined by the Planning Board with reference to visual impact analysis and simulations.
C.
A new wireless communication facility up to 130 feet in height from grade may be located in the Wireless Communication Overlay District pursuant to a special permit and site plan approval issued by the Planning Board in accordance with these bylaws. A freestanding monopole without camouflage may be allowed, at the Planning Board's discretion, in the overlay district under this section.
D.
No wireless communication facility shall be located in a local, state or national historic district unless the Planning Board finds that the wireless communication facility:
E.
New lattice-style towers are not allowed in any district, unless the Planning Board makes a finding that the benefit of employing a particular such tower outweighs the detriments to the community.
F.
Whenever feasible, wireless communication facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunication facilities, utility and light poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more wireless communication facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.
G.
Site-sharing. Carriers shall share wireless communication facilities and sites where feasible and appropriate, thereby reducing the number of stand-alone facilities. All applicants for a special permit for a wireless communication facility shall demonstrate a good faith effort to site-share with other carriers. In determining whether site-sharing is appropriate, the Planning Board may consider whether the addition of a wireless communication facility to a site with existing facilities may be more detrimental due to the density of use than beneficial due to reduction of multiple facility sites. In the event an applicant determines that site-sharing is not feasible, it shall submit a written statement of the reasons for the infeasibility to the permit granting authority in sufficient detail to allow the permit granting authority to properly assess such feasibility.
H.
Average tree canopy elevation waiver. In the event that the Planning Board finds that application of the average tree canopy elevation requirement is impracticable because there exists no alternative site at which a wireless communication facility can be located to provide service in compliance with such requirement, the Planning Board may, at its discretion, grant a waiver to such requirement. The waiver may allow a wireless communication facility to extend up to 130 feet in height from grade, subject to all other applicable site plan approval and special permit criteria in these bylaws. To grant an average tree canopy elevation waiver, the Planning Board must also find that there are no alternative locations, including other parcels, where the grant of an average tree canopy elevation waiver would result in an outcome substantially more in keeping with the intent and purpose of the bylaw than at the proposed location.
I.
The Town may retain a technical expert in the field of RF engineering to peer-review the applicant's claims and submittals and to provide advice on the need for the proposed facility and on any potential alternatives. The cost for such a technical expert will be borne by the applicant.
J.
In no case shall any facility of the type in § 300-9.3C above be located closer than one mile to any other such facility unless the Planning Board makes a finding that site-sharing on such facilities is infeasible or does not address the coverage objective of the applicant.
K.
All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
L.
In order to ensure public safety, the minimum distance from the base of any ground-mounted facility to any property line, road, habitable dwelling, business or institutional use, or public recreational areas shall be 120% of the height of the facility, inclusive of any appurtenant devices. A fall zone shall be maintained around the facility as per the definition.
M.
Wireless communication facilities shall be painted or otherwise screened or camouflaged to minimize their visibility to abutters, adjacent streets and residential neighborhoods. Existing on-site vegetation shall be preserved to the maximum extent practicable for screening purposes. All towers and mounts shall be positioned and designed to minimize their visibility to residential abutters, adjacent streets and residential neighborhoods.
N.
Equipment shelters. Equipment shelters for wireless communication facilities shall be designed consistent with their surroundings as determined by the context of their location, such as by requiring traditional colonial Sturbridge architectural styles and materials, with a pitched roof and wood clapboard or shingle siding or commercial or industrial styling where consistent with surrounding development; and/or screened by an effective year-round landscape buffer and/or natural fence, equal to the height of the proposed building or equipment compound and/or wooden fence.
O.
Lighting shall be limited to minimal security lighting and that required by the Federal Aviation Administration (FAA) only. The Planning Board may require an applicant to consider alternatives that do not require FAA navigation lighting or painting.
P.
There shall be at least one parking space at each facility, to be used in connection with the maintenance of the facility and the site, and not to be used for storage of vehicles or other items.
Q.
All outdoor wireless communication facilities and related equipment shall be surrounded by a security barrier.
R.
No signage of any kind, including carrier identification signs, shall be mounted on telecommunications towers except signs less than 10 feet above ground that identify the tower, its owner, its emergency contact number and other relevant information and hazard communication signs.
§ 300-9.4 Safety standards.
A.
Applicants shall demonstrate their facilities are designed to operate in compliance with applicable federal and state requirements regarding human exposure to RFE (ref. 47 CFR 1.1307 et seq. and 105 CMR 122) and shall maintain compliance at all times.
B.
Applicants shall demonstrate compliance with National Environmental Policy Act and local environmental requirements.
C.
Equipment shelters and outdoor equipment for wireless communication facilities shall together not generate noise in excess of 50 Dba Le at the property line. Applicants must include a demonstration of how a proposed facility or modification, together with all existing facilities at the site, will comply with this requirement. The Town may hire an acoustical engineer to verify noise levels at the carrier's expense.
§ 300-9.5 Review and approval procedures.
In addition to the usual procedures and information required to file for a special permit under § 300-18.2B(2) of this bylaw, the following shall also be required:
A.
A report prepared by one or more suitably qualified RF engineers providing the following information:
(1)
Demonstration that the proposed wireless communication equipment shall be installed, erected, maintained and used in compliance with all applicable federal, state and local regulations, including, but not limited to: the radio frequency emissions regulations established by the FCC, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), MassDOT Aeronautics Division and the Massachusetts Department of Public Health.
(2)
A description of the facility and the technical and other reasons for the proposed location, height and design, including reasons for not co-locating on other existing facilities or structures.
(3)
A description of the capacity of the facility, including total the number and type of panels, antenna, other carriers' facilities and related gear that it can accommodate.
B.
A locus plan at a scale of one inch equals 200 feet or other such scale as appropriate to the context of the parcel, which shall show all property lines, the exact location of the proposed facilities, streets, landscape features and all buildings within 500 feet of the facility shall be submitted.
C.
A color photograph or rendition of the facility with its antennas and/or panels at the proposed site.
D.
A view test to be conducted utilizing balloons or other means to document the extent of visual impact. The Planning Board may require the applicant to conduct a publicly noticed balloon test during the conduct of the public hearing. Photographs and photosimulations of the view test showing the impact of the proposed facility on abutting streets, adjacent property owners and residential neighborhoods shall be submitted.
E.
The Town, acting through its Planning Board, may require the applicant to pay reasonable fees for review of the applicant's proposal by a radio frequency engineer or other qualified professionals.
§ 300-9.6 Monitoring and maintenance.
A.
After the wireless communication facility is operational, the applicant shall submit, within 90 days of beginning operations, a verification of compliance of RFE emissions with applicable regulations employing methods appropriate to the circumstances as guided by FCC Office of Engineering and Technology Bulletin 65.
B.
The applicant shall maintain the wireless communication facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and any security barrier, and maintenance of the buffer area and landscaping.
§ 300-9.7 Modifications.
A.
Except as otherwise directed by applicable federal and state regulation, including the 2012 Middle Class Tax Relief and Jobs Creation Act, Section 6409, a modification of a wireless communication facility will require a special permit and/or site plan approval as appropriate.
B.
The Town of Sturbridge takes notice of federal exceptions such as those included in the 2012 Middle Class Tax Relief and Jobs Creation Act, Section 6409, which requires that municipalities "may not deny and shall approve" applications for certain kinds of facility modifications. Applicants shall have the burden of demonstrating that their proposed facilities are not "substantial modifications" of "eligible facilities." The Planning Board, through regulation, may delegate preliminary review of Section 6409 applications to staff to facilitate prompt evaluation of the applicability of Section 6409 and determination whether the applicant:
§ 300-9.8 Abandonment and discontinuance.
A.
At such time that the licensed carrier plans to abandon or discontinue operation of a wireless communication facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuance of operations.
B.
Such notice shall be given no less than 30 days prior to abandonment or discontinuance of operations. In the event that a carrier fails to give notice, the wireless communication facility shall be considered abandoned upon such discontinuance of operations.
C.
Upon abandonment or discontinuance of use, the carrier shall physically remove the wireless communication facility within 90 days from the date of abandonment or discontinuance of use. "Physically remove" shall include, but shall not be limited to:
(1)
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(3)
Restoring the location of the wireless communication facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
D.
The applicant shall provide the Town with written authority from the owner or owners of record for the subject property where the facility is located to bind successors and assigns to allow the Town to enter onto the subject property to physically remove the facility in the event that the carrier fails to remove the facility in accordance with the requirements of this Zoning Bylaw. The Planning Board shall require the applicant to post a bond at the time of construction to cover the costs for the removal of the wireless communication facility in the event the Town must remove the facility.
§ 300-9.9 Exceptions.
§ 300-9.10 Severability.
In the event that one or more of the provisions of this Zoning Bylaw are deemed invalid by a court of competent jurisdiction, then all remaining provisions shall remain in full force and effect.
§ 300-10.1 Purpose.
The purpose of this bylaw is to promote the development of solar energy facilities by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such energy facilities, to protect public safety, to minimize impacts on scenic, natural and historic resources of Sturbridge and to provide adequate financial assurance for the eventual decommissioning of such energy facilities.
§ 300-10.2 Applicability; permitted districts.
A.
This bylaw applies to all ground-mounted solar energy facilities and to physical modifications that materially alter the type, configuration or size of these facilities or related equipment. Ground-mounted solar energy facilities on municipal and school district properties are permitted in all districts upon site plan approval from the Planning Board. Solar facilities for one- and two-family dwellings are also exempt from this bylaw.
B.
Large-scale solar facilities and small-scale solar facilities are prohibited in the Suburban Residential District, the Rural Residential District, the Commercial District, the Commercial Tourist District, the Historic Commercial District and the Commercial II District. Large-scale solar facilities and small-scale solar facilities are allowed as of right in the General Industrial District, the Industrial Park District and the Special Use District.
§ 300-10.3 General requirements.
A.
Site plan review. All solar energy facilities, except for those explicitly exempted pursuant to § 300-10.2, shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section.
B.
Required documents. In addition to the submission requirements in the Planning Board's Site Plan Review Regulations,[1] the applicant shall provide the following documents:
(1)
Plans and drawings of the solar energy facility signed and stamped by a professional engineer licensed to practice in Massachusetts showing the proposed layout of the system;
(2)
An electrical diagram detailing the solar energy facility, associated components and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices;
(3)
Technical specifications of the major system components, including the solar arrays, mounting system and inverter;
(4)
A glare analysis and proposed mitigation, if any, to minimize the impact of glare on affected properties;
(5)
The name, address and contact information of the owner, proposed installer and operator;
(6)
Proof of actual or proposed control of access ways and the project site sufficient to allow for installation and use of the proposed facility;
(7)
An operation and maintenance plan;
(8)
Proof of liability insurance; and
C.
Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the solar energy facility, which shall include measures for maintaining safe access, stormwater controls and general procedures for operating and maintaining the energy facility.
§ 300-10.4 Utility notification.
The applicant shall submit evidence satisfactory to the Planning Board that he has informed the utility company in writing of his intent to install a solar energy facility and that the utility company has responded in writing to the interconnection notice. Off-grid systems are exempt from this requirement.
§ 300-10.5 Dimension and density requirements.
A.
Setbacks. Ground-mounted solar energy facilities, including appurtenant structures (including but not limited to equipment shelters, storage facilities, transformers and substations), shall have a setback from front, side and rear property lines and public ways of at least 100 feet in Special Use District and Industrial Districts. Twenty percent of a parcel's total square footage may be used for a solar facility.
B.
Buffering. The visual impact of large-scale solar photovoltaic facilities, including all appurtenant structures, shall be mitigated. Structures shall be buffered/shielded from view and/or joined and clustered to avoid adverse visual impacts as deemed necessary by the Planning Board using landscaping and natural features as appropriate to accomplish the mitigation. When a proposed project abuts a property in residential use, the minimum width of the buffer area shall be 200 feet (measured from the proposed solar project to the property line of the property in residential use) and this distance shall supersede the 100-foot setback as stated in Subsection A above. In all other cases that buffering/shielding shall occur within the stated setback amount.
§ 300-10.6 Design standards.
A.
Lighting. Lighting shall be limited to that required for safety and operational purposes, and shall not be intrusive in any way on abutting properties. Lighting shall incorporate full cut-off fixtures to reduce light pollution.
B.
Signage. The site may have a sign not exceeding 16 square feet in area providing educational information about the facility and the benefits of renewable energy. Ground-mounted solar photovoltaic facilities shall not be used for displaying any advertising. Safety signage shall be installed as deemed necessary.
C.
Utility connections. Reasonable efforts, as determined by the Planning Board, 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 transformer for utility interconnections may be above ground if required by the utility provider.
D.
Land clearing. Clearing of natural vegetation shall be limited to only what is absolutely necessary as determined during site plan review for the construction, operation and maintenance of the solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws.
E.
Environmental impacts. Proposed structures (including panels) shall be integrated into the existing terrain and surrounding landscape by minimizing use of and impact to wetlands, steep slopes and hilltops; protecting visual amenities and scenic views; minimizing tree, vegetation and soil removal; and minimizing grade changes.
§ 300-10.7 Emergency services.
The operator shall provide a copy of the operation and maintenance plan, electrical schematic and site plan to the Sturbridge Fire Chief and Police Chief. The operator shall cooperate with local emergency services in developing an emergency response plan; this plan shall be reviewed annually with local emergency officials and revised as necessary. All means of shutting down the solar energy facility shall be clearly marked. The premises shall identify a qualified contact person to provide assistance during an emergency; the operator shall change the contact information immediately and so notify the Sturbridge Fire Chief and Police Chief whenever there is a change in the contact person.
§ 300-10.8 Monitoring and maintenance.
Maintenance. The operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. The operator shall be responsible for maintaining access for emergency vehicles that is determined to be adequate by the Sturbridge Fire Chief, Police Chief and any other local emergency services, and for maintaining adequate access for any maintenance equipment.
§ 300-10.9 Modifications.
After issuance of the building permit, any material modification to the facility requires approval of the Planning Board unless exempt under this bylaw. The operator may apply to the Planning Board for a determination as to whether a proposed modification is material.
§ 300-10.10 Discontinuance, decommissioning, abandonment and removal.
A.
Removal requirements. Any solar energy facility that has reached the end of its useful life or has been discontinued, decommissioned or abandoned, as defined below in § 300-10.11, shall be removed. The owner or operator shall physically remove the facility within 150 days after the date of discontinued or abandoned operations or decommissioning in compliance with the requirements of the Inspector of Buildings. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations or decommissioning and submit the plans for removal.
B.
Removal. Removal shall consist of: physical removal of all of the equipment from the site, including, but not limited to, the solar arrays, structures, equipment, security barriers and electrical transmission lines.
C.
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or below-grade foundations in order to minimize erosion and disruption of vegetation.
§ 300-10.11 Abandonment.
Absent notice to the Planning Board, as provided above in § 300-10.10, of a proposed date of discontinuance or decommissioning or written notice requesting an extension due to extenuating circumstances, the solar facility shall be considered abandoned when it fails to operate or operations are discontinued for more than one year without the written consent of the Planning Board. If the owner or operator fails to remove the energy facility in accordance with the requirements of § 300-10.10 within 150 days of abandonment or discontinuance or the proposed date of decommissioning, the Town may, to the extent it is otherwise duly authorized by law, enter the property and physically remove the facility.
§ 300-10.12 Financial surety.
Prior to commencing operation of the facility, the applicant shall provide a form of surety, either through a cash deposit, bond or otherwise, in an amount determined by the Planning Board to cover the cost of removal and site restoration. Such surety will not be required for municipal facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include an escalator for calculating increased removal costs due to inflation.
§ 300-11.1 General description.
An accessory dwelling unit is a second dwelling unit which is a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities which is located on the same lot as the principal dwelling unit, either within the principal dwelling or in an accessory structure. Accessory dwelling units shall be subject to all applicable dimensional requirements of the underlying district. There are two types of accessory dwelling unit that may be allowed within the Town of Sturbridge. The first type shall be the "by-right" accessory dwelling unit and the second shall be the "special permit" accessory dwelling unit. The use of an ADU as a short-term rental as that term is defined in Chapter 64G of the Massachusetts General Laws is specifically prohibited.
§ 300-11.2 Purpose.
The purpose of the Accessory Dwelling Unit Bylaw is to:
A.
Provide a mix of housing that responds to changing family needs and smaller households;
B.
Provide a broader range of accessible and more affordable housing;
C.
Protect stability, property values and the residential character of a neighborhood by ensuring that accessory apartments are installed only in owner-occupied houses and under such subject to additional conditions as may be appropriate to further the purposes of this bylaw; and
D.
Legalize conversions to encourage compliance with the State Building Code.
§ 300-11.3 By-right accessory dwelling unit standards.
The Building Inspector shall issue a building permit authorizing the construction of an accessory dwelling unit located on the same lot as the principal dwelling unit either within the principal dwelling unit or within an accessory structure, provided that the following standards and criteria are met:
A.
The accessory dwelling unit shall be no larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
B.
ADUs shall be allowed only as accessory to a single-family dwelling.
C.
When the ADU is located within the dwelling, the unit shall be designed so that the appearance of the building remains that of a residence as much as feasibly possible. Where feasible, any new entrances shall be located on the side or rear of the building. Any exterior changes made must conform to the general residential character of the neighborhood.
D.
When the accessory dwelling unit is created in a separate accessory structure, the exterior appearance shall be visibly compatible with the primary dwelling and the character of the neighborhood.
E.
Parking spaces shall be located to the side or the rear of the structure, to the extent feasible.
F.
A sanitarian or professional engineer, registered in the Commonwealth of Massachusetts, has certified that the existing or proposed improvements to new or existing sewage disposal systems are adequate and in accordance with 310 CMR 15.000, the State Environmental Code, Title 5.
G.
The construction of any accessory apartment must be in conformity with the State Building Code.
H.
Where the principal dwelling is nonconforming, the ADU shall in addition meet the requirements of § 300-15.2, provided that when a finding is required that the ADU will not be substantially more detrimental than the existing nonconforming structure to the neighborhood, such determination will be made by majority vote and shall not be subject to special permit criteria.
I.
An ADU may not be used as a short-term rental as that term is defined in Chapter 64G of the Massachusetts General Laws.
§ 300-11.4 Special permit accessory dwelling unit standards.
The Zoning Board of Appeals acting as the SPGA may authorize a special permit for an accessory dwelling unit having a gross floor area greater than one-half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller, within the principal single-family dwelling, or in an accessory structure located on the same lot as the principal dwelling unit, provided that the following standards and criteria are met:
A.
The accessory unit shall clearly be subordinate in size to the single-family dwelling.
B.
The accessory unit will be a complete, separate housekeeping unit that functions as a separate unit from the original unit.
C.
Only one accessory unit shall be created. This accessory unit shall be either within the single-family dwelling or an attached accessory structure.
D.
When the accessory dwelling unit is located within the principal single-family dwelling, the unit shall be designed so that the appearance of the building remains that of a single-family residence as much as feasibly possible. Where feasible, any new entrances shall be located on the side or rear of the building. Any exterior changes made must conform to the single-family character of the neighborhood.
E.
When the accessory dwelling unit is created in an accessory structure, the exterior appearance shall be visibly compatible with the primary dwelling and the character of the neighborhood.
F.
An addition to the original building is permitted, provided the addition will not alter the character of the building.
G.
Parking shall be provided as required by § 300-16.11 of this bylaw provided that in no event may more than one parking space be required for the ADU. Parking spaces shall be located to the side or the rear of the structure, to the extent feasible.
H.
A sanitarian or professional engineer, registered in the Commonwealth of Massachusetts, has certified that the existing or proposed improvements to new or existing sewage disposal systems are adequate and in accordance with 310 CMR 15.000, the State Environmental Code, Title 5.
I.
The construction of any accessory dwelling unit must be in conformity with the State Building Code.
J.
An ADU may not be used as a short-term rental as that term is defined in Chapter 64G of the Massachusetts General Laws.
§ 300-11.5 Application procedure.
A.
Applicants for a by-right accessory dwelling unit shall follow the procedure for the submission of a building permit in accordance with the current procedures of the Building Department as may be amended from time to time.
B.
The procedure for the submission and approval of a special permit for an accessory dwelling unit where such unit may not be created by right shall be the same as prescribed in § 300-18.2B(2) of the Sturbridge Zoning Bylaw, and the rules and regulations for special permits that have been adopted and amended from time to time by the SPGA.
C.
In order to provide for the development of housing units for disabled and handicapped individuals, the SPGA will allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
§ 300-12.1 Special permit required.
The removal of sand, gravel, subsoil, topsoil or earth and the processing and treating of said materials shall be conducted only by special permit issued by the Board of Selectmen.
§ 300-12.2 Exceptions.
This article shall not apply to the following:
A.
The excavation of a foundation for a new structure for which a valid building permit is in force, provided the amount of material to be removed will not exceed 5,000 cubic yards.
B.
The grading and/or landscaping in connection with the construction of a new structure as approved by the Planning Board.
C.
The construction or reconstruction of a residential driveway if otherwise permitted.
D.
The excavation and grading in connection with construction of a subdivision as approved by the Planning Board.
E.
The removal of less than 50 cubic yards in a twelve-month period.
F.
The grading in connection with a bona fide agriculture operation.
G.
Building construction. Removal of sand, earth or gravel and the processing and treating of said materials shall be conducted only by special permit of the Board of Selectmen. This article shall not apply to such operation which are incidental to and in connection with the construction of a building on a lot.
§ 300-12.3 Conditions.
§ 300-12.4 Grant of permit by Selectmen.
The Board of Selectmen may, after public hearing for which notice has been given by publication and posting as provided in MGL c. 40A, grant a special permit for the removal of more than 50 cubic yards in a twelve-month period.
§ 300-12.5 Site plan required.
Any application for a special permit for the removal of sand, earth or gravel or for the processing and treating of said materials shall be accompanied by a site plan depicting the land to be affected by such operation. In addition to complying with the minimum site plan requirements of § 300-12.3, the site plan shall indicate the following:
A.
Contours at intervals of not more than 10 feet;
B.
A placement of at least four inches of compacted topsoil over all excavated, filled or otherwise disturbed surfaces and seeding with a perennial cover crop, re-seeded as necessary to ensure uniform growth and soil surface stabilization;
C.
Finished grades not to exceed a slope of one foot vertical to two feet horizontal; and
D.
Existing removal area(s) and the proposed area(s) for removal in the immediate future.
§ 300-12.6 Permit conditions.
Any special permit granted for the removal of sand, earth or gravel or for the processing and treating of said materials shall contain the following mandatory conditions:
A.
All equipment, except mobile equipment, for sorting, washing, crushing, grading, drying, processing and treating, or other operation machinery, shall not be used closer than 100 feet to any public street or to any adjoining property lines.
B.
Any access to excavated areas or areas in the process of excavation shall be adequately posted with KEEP OUT - DANGER signs.
C.
Any work or bank that slopes more than 30° downward adjacent to a public street shall be adequately fenced at the top.
D.
Fencing. A substantial fence shall be provided enclosing the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of 10 feet or more and create a slope of more than one foot vertical to two feet horizontal. Such fence shall be located 10 feet or more from the edge of the excavation or quarry, and shall be at least six feet in height.
E.
Adequate provision is to be made for drainage during and after the completion of operations.
F.
Adequate lateral support shall be maintained for all adjacent properties.
G.
The use of explosives shall be done in accordance with the regulations for storage and handling of explosives as published by the Massachusetts Department of Fire Services and the Sturbridge Fire Department.
H.
Provision shall be made for the adequate control of dust during operation.
I.
There shall be replacement of at least four inches of compacted topsoil over all excavated, filled or otherwise disturbed surfaces. There shall also be seeding with a perennial crop, re-seeded as necessary to ensure uniform growth and soil surface stabilization.
J.
Finished grades shall not exceed a slope of one foot vertical to two feet horizontal.
K.
It is recognized that the land reuse of a removal site is in the public interest. Therefore, land reuse plan(s) must be submitted to the Board of Selectmen for approval subject to the regulations set forth in the following paragraphs:
(1)
The Board of Selectmen may require that up to three approved alternative future land reuse plans be submitted for such land as is used for the extraction of earth, sand, gravel and/or rock;
(2)
Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse, including landscaping and erosion control. It is, therefore, required that any land reuse plan correspond to a situation which could reasonable occur in the immediate future, zero to five years, and be revised as necessary as to the existing physical character of the removal area changes;
(3)
The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation. Abandonment for the purpose of this subsection shall be defined as the visible or otherwise apparent intention of the owner or user of the land to abandon the use of the land; and
(4)
A bond in an amount stated by the Board of Selectmen shall be posted to ensure the satisfactory implementation of the reuse plan.
§ 300-12.7 Additional conditions.
A.
Excavation and grading shall be executed in such manner as not to result in holes, depressions, stagnant water, soil erosion, drainage or sewerage problems or other conditions which would depress the land values or impair the property for use for which it has been zoned.
B.
Except in the case of dams, swimming pools, or where retaining walls are to be constructed, no removal, excavation or processing shall be conducted within 50 feet of any street or property line.
C.
Unless the property to be graded is located in an Industrial District, no earth excavating machinery or trucks shall be stored within 300 feet of any property line or street line, and no machinery for sorting, grading, crushing or for other processing of the excavated material shall be erected except a temporary shelter for machinery or office.
D.
After excavation or removal, the premises shall be cleared of debris, a top layer of topsoil of at least four inches in depth shall be spread over the finished subgrade, and the final surface shall conform to the proposed finished contours and grades. No areas shall be excavated in such a manner that the finished grade is below the water table.
§ 300-12.8 Performance bond.
A performance bond, in form and amount specified by the Board of Selectmen, shall be filed with the Treasurer of the Town of Sturbridge; said bond shall specify the time within which the work under the permit is to be completed and shall guarantee satisfactory performance of the work.
§ 300-12.9 Expiration and revocation of permits.
A.
Expiration. Any permit issued by the Board of Selectmen as herein described shall expire within two years of the date of the permit, but may be renewed by the Board of Selectmen for an additional period of time if the Board deems such action satisfactory.
B.
Revocation. The Board of Selectmen may revoke the permit and may take other action as shall be necessary either against the permittee or surety in the bond, to cause completion of the work forthwith in accordance with the terms of the application and permit, if the work or excavating, removal, grading or regrading is not being performed in accordance with said permit.
§ 300-13.1 Purpose.
The purpose of this bylaw is to provide for the limited establishment of adult use marijuana establishments in the Town of Sturbridge, in appropriate locations. It is the express purpose and intent of this bylaw to minimize the adverse impacts adult use marijuana establishments may have on residential neighborhoods and other potentially incompatible land uses and to provide standards for the placement, design, siting and safety of adult use marijuana establishments subject to reasonable conditions that will protect the public health, safety and welfare. This bylaw is intended to be used in conjunction with other regulations adopted by the Town of Sturbridge designed to encourage appropriate land use and reasonable safeguards to govern the time, place and manner of marijuana establishment operations.
§ 300-13.2 Applicability.
Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of marijuana. This bylaw shall not be construed to prevent the conversion of a registered marijuana dispensary licensed or registered no later than July 1, 2017 engaged in the cultivation, manufacture or sale of marijuana or marijuana products to an adult use marijuana establishment engaged in the same type of activity; provided, however, any such medical marijuana treatment center obtains site plan approval pursuant to Part 5, Article XIX, of the Zoning Bylaw and pursuant to the requirements of this bylaw for any such conversion to an adult use marijuana establishment.
§ 300-13.3 Use regulations.
A.
With the exception of the conversion of a licensed registered marijuana dispensary to an adult use marijuana establishment, an adult use marijuana establishment shall be permitted by special permit only in the IP, GI and MMOD Zoning Districts, except a marijuana retailer which may be permitted in the MMOD or C Districts and only then upon the issuance of a special permit and site plan approval by the Planning Board acting in accordance with the standards and procedures set forth in this bylaw and Part 4, Articles XVIII and XIX, of the Zoning Bylaw.
B.
The number of marijuana retailers that shall be permitted in Town shall be limited to 20% of the number of licenses issued within the Town of Sturbridge for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138, § 15. In the event that 20% of said licenses is not a whole number, the limit shall be rounded up to the nearest whole number.
D.
With the exception of the conversion of a medical marijuana treatment facility, no special permit shall be granted for any marijuana establishment within a radius of 500 feet of a preexisting public or private school (pre-school through Grade 12), child-care facility, public playground, public park, youth center, library or similar facility in which children commonly congregate. The 500-foot distance under this section shall be measured in a straight line from the nearest point of the property line of the protected uses noted above to the nearest point of the property line of the proposed marijuana establishment. Each applicant for a special permit under this section shall submit a plan signed by a licensed surveyor, depicting compliance with the linear distance requirements set forth herein.
E.
All aspects of a marijuana establishment relative to the cultivation, possession, processing, sales, distribution, dispensing or administration of marijuana, marijuana products or related supplies must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building. A marijuana establishment shall not be located in a trailer, storage freight container, motor vehicle or other similar movable enclosure, unless operating as a licensed marijuana transporter.
F.
No outside storage of marijuana, marijuana products or related supplies is permitted.
G.
The hours of operation of a marijuana establishment shall be set by the SPGA, but in no event shall a marijuana establishment be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery from the premises outside the hours of 8:00 a.m. through 11:00 p.m. Monday through Saturday or before 10:00 a.m. on Sundays.
H.
The marijuana establishment shall provide an odor control plan that provides for proper and adequate ventilation at such facilities in such a manner so as to prevent pesticides, insecticides or other chemicals used in the cultivation or processing of marijuana or marijuana-related products from being dispersed or released outside the facilities and to prevent odor from marijuana or its processing from being detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of such facility or at any adjoining use or property. Application of pesticides shall be performed in compliance with MGL c. 132B and the regulations promulgated at 333 CMR 2.00 through 333 CMR 14.00.
I.
No use shall be allowed at a marijuana establishment which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
J.
The marijuana establishment shall provide for adequate and proper security at the premises to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity.
K.
No marijuana or marijuana product shall be smoked, eaten or otherwise consumed or ingested on the premises of any marijuana establishment unless expressly permitted under this law and permitted by state law or regulation. The prohibition on on-site consumption shall also include private social clubs or any other establishment which allows for social consumption of marijuana or marijuana products on the premises, regardless of whether the product is sold to consumers on site.
L.
No drive-through service shall be permitted at a marijuana establishment.
M.
Clubs, lodges or other private grounds (nonprofit and private) allowing on-site social consumption of marijuana or marijuana products, but not operating as a licensed marijuana social consumption operator, are prohibited.
N.
All signage must comply with the requirements of the Sturbridge Zoning Bylaw, Design Review Committee and any other applicable bylaws or regulations. In the case of a conflict, the stricter requirement shall apply.
§ 300-13.4 Special permit and site plan required.
The Planning Board shall be the special permit granting authority (SPGA) for a special permit for an adult use marijuana establishment. In addition to a special permit, site plan approval is required for all adult use marijuana establishments in accordance with Part 5, Article XIX, of the Zoning Bylaw.
§ 300-13.5 Application requirements.
A.
All applicants are encouraged to contact the Planning Department staff to schedule a preapplication meeting.
B.
In addition to all the application requirements related to special permits and site plan approval under Part 5, Articles XVIII and XIX, of the Zoning Bylaw, the applicant shall include the following at the time of application:
(1)
Copies of all licenses, permits and documentation demonstrating application status, registration or licensure by the Commonwealth of Massachusetts Cannabis Control Commission, including but not limited to a copy of an executed host community agreement.
(2)
A security plan showing the arrangement of pedestrian circulation and access to the public points of entry to the premises from the nearest public or private street or off-street parking area. The security plan shall detail how the property will be monitored so as to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity and shall show the location of any walkway structures, lighting, gates, fencing and landscaping.
(3)
A list of all managers, officers, directors, persons or entities having direct or indirect authority over the management, policies, security operations or cultivation operations of the marijuana establishment.
(4)
An odor control plan detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such controls.
(5)
An applicant who is not the property owner shall submit evidence in the form of a deed, an executed lease or valid purchase and sale agreement documenting the applicant's contingent property interest and legal right to operate a marijuana establishment at the property.
C.
The SPGA shall refer copies of the application and plan to the Building Department, Fire Department, Police Department, Board of Health, Conservation Commission and Department of Public Works. These departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.
§ 300-13.6 Required findings.
In addition to the standard findings for special permit and site plan approval, the SPGA must also find all the following:
A.
The marijuana establishment does not derogate from the purposes and intent of this article and the Zoning Bylaw.
B.
The application information submitted is adequate for the SPGA to consider approving the special permit request.
C.
The proposed establishment is designed to minimize any adverse impacts on abutting properties.
D.
The security plan provides, in the opinion of the Chief of Police, sufficient assurance that adequate security controls will be implemented to ensure the protection of the public health and safety during hours of operation and that any marijuana or marijuana-related products are adequately secured on-site or via delivery.
E.
The odor control plan proposed adequately provides for the ongoing safe operation of the establishment and minimizes any adverse impacts to abutting properties from odor-emitting activities to be conducted on-site.
F.
The proposed design and operation of the marijuana establishment will meet the requirements of this article.
§ 300-13.7 Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence or clause of this bylaw or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.