Templeton City Zoning Code
ARTICLE VII
Supplemental Regulations
§ 300-21 Multifamily housing.
A.
The purposes of these special multifamily housing requirements are as follows:
(1)
To prevent overcrowding of land.
(2)
To avoid undo concentration of population.
(3)
To encourage housing for persons on all income levels.
(4)
To conserve health.
(5)
To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment.
(6)
To encourage the most appropriate use of land throughout the Town of Templeton.
(7)
To ensure proper municipal review of construction of multifamily housing of three or more (but not more than six) units.
B.
Multifamily housing shall be allowed by special permit by the Zoning Board of Appeals according to the following conditions:
(1)
The gross land area on which multifamily housing is permitted shall be not less than listed below for the number of square feet required per dwelling times the number of units per multifamily housing being proposed, with a limit of six units per building.
With or Without Water or Sewer | |||
|---|---|---|---|
Frontage Requirements (feet) | Size of Lot Required | ||
Acres | Square Feet | ||
Each three or four units | 200 | 2 | 87,120 |
Each five or six units | 250 | 3 | 130,680 |
(2)
Each three- or four-unit building shall be erected on a lot having not less than 200 feet of frontage and two acres. Each five- or six-unit building shall be erected on a lot having not less than 250 feet of frontage and three acres. All the above frontages shall be on a way.
(3)
Multifamily buildings shall not cover more than 30% of the gross land area of the lot.
(4)
No multifamily building shall be higher than two stories or 30 feet in height.
(5)
An unbroken yard space not less than 10 feet in depth shall be established all along the entire perimeter of the lot on which a multifamily building is located. Such yard space shall be planted and maintained by the building owner or left in a natural state. In such yard space, there shall be no off-street parking nor driveway except a driveway crossing that part of the yard as is bordered by a street.
(6)
Paved off-street automobile parking spaces will be provided on the lot containing a multifamily housing building and each space shall be easily accessible from a paved driveway on the property. There shall be two such spaces per unit on the property. Each such space shall have minimum dimensions of 18 feet long by nine feet wide. In addition, spaces for handicapped per state requirements shall be installed.
(7)
A minimum of 30% of the gross area of the lot on which a multifamily building is permitted shall not be built on and shall be left unpaved, landscaped and/or left in its natural state and maintained with an acceptable balance of trees, shrubs and grass.
C.
A multifamily dwelling constructed near a municipal boundary must be protected by a buffer zone from an incompatible use on adjacent land in the neighboring municipality. A one-hundred-foot natural or landscaped zone shall be constructed and maintained by the multifamily building owner if the land in the neighboring municipality is used or zoned for commercial or industrial use.
D.
A fifty-foot buffer zone between proposed multifamily buildings constructed adjacent to an industrial, residential or commercial use must be created. The buffer zone must function as a physical barrier to minimize noise and to provide a visual screen to adjacent industrial, residential or commercial buildings. It may consist of existing natural vegetation, selective planting, earth berms, fences, or any combination of these arranged to enhance the aesthetic quality of the area.
§ 300-22 Major home occupations.
[Added 12-7-2006; amended 3-6-2008]
Through a special permit, home occupations that exceed the "minor home occupation" criteria may be permitted by the Planning Board. This section is intended to support a work-at-home concept appropriate for a rural-suburban community, in order to allow proprietors flexibility to operate businesses out of their homes.
A.
Standards. Major home occupations shall comply with the following standards:
(1)
No more than three employees not residing on the premises shall be allowed to report to the home business site;
(2)
The home occupation shall be clearly incidental and subordinate to the primary residential nature of the property. The principal practitioner must be the owner of the property and maintain his permanent residence in the dwelling;
(3)
Utility areas (such as dumpsters, fuel storage facilities, etc.) and outdoor storage of equipment, vehicles, or supplies associated with the home occupation shall be adequately screened to minimize the visual intrusion on adjacent properties and views from public ways. The Planning Board may require an evergreen vegetative screen with plantings of not less than three feet in width and not less than six feet in height at commencement of the use. At the discretion of the Planning Board, fences may be used, which shall not exceed four feet in height in front yards or six feet in side and rear yards.
(4)
Parking needed for employees and visitors shall be located at the side or rear of the dwelling and shall be suitably landscaped to minimize the visual impact on adjacent properties. On-street parking shall not be permitted;
(5)
Signs shall be provided in conformance with this Zoning Bylaw to advertise the home occupation;
(6)
(Reserved)
(7)
Major home occupations may include the selling of products, the major portion of which are refurbished, manufactured, assembled, or produced on the premises;
(8)
Lighting shall be appropriate to the building and its surroundings in terms of style, scale, hours, and intensity of illumination. Low wattage systems are recommended and site lighting shall be shielded, especially in developed residential areas;
(9)
The Planning Board may grant a special permit if it determines that the activities will not create a hazard to the public or natural environment, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. The Planning Board may impose conditions deemed necessary to preserve neighborhood character and protect existing and future abutting land uses, including limitations on time and ownership. The special permit shall be granted to the owner and shall expire upon transfer of the property or business; any new owner shall apply for a new special permit. The special permit may at any time be subject to review and/or renewal by the Planning Board, and may be further conditioned or amended as necessary to ensure that the intent of this section is maintained.
B.
Process.
(1)
Applicants shall submit the required fee and nine copies of the special permit application and other information specified below to the Town Clerk. The Town Clerk shall stamp each copy with the date and time of submission. Eight copies of said application and information shall be filed forthwith by the applicant with the Planning Board.
(2)
A site plan shall be submitted to show location of buildings and structures, utility areas, parking, lighting, fencing, landscaping and buffering, location and size of sign, and access to the lot from existing public ways.
(3)
A written statement shall be provided by the applicant describing the nature of the home occupation, the number of employees, hours of operation, and other pertinent information on the operation of the business.
(4)
The applicant, within three days of the Planning Board accepting the application as complete, shall submit one copy to the Board of Appeals, Board of Health, Zoning Enforcement Officer, Conservation Commission, Highway Department, and Police and Fire Chiefs with a request for their review and comment. Said boards and officials shall have 35 days to submit their comments to the Board.
(5)
The Planning Board shall hold a public hearing in accordance with the special permit procedures described within this Zoning Bylaw and MGL c. 40A, § 9 and notice shall be given as specified by MGL c. 40A, § 11.
§ 300-23 Adult entertainment.
[Added 12-7-2006]
A.
Authority, purpose and intent.
(1)
The purpose of this section is to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, in response to studies demonstrating their deleterious effect.
(2)
This section addresses and mitigates the secondary effects of adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime and blight, the flight of existing businesses, and adverse impacts on public health, property values of residential and commercial properties, the business climate, and the general quality of life in the community. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Templeton and its inhabitants.
(3)
This section is intended to be consistent with the provisions of MGL c. 40A and the Town's authority under the Home Rule Amendment to the Massachusetts Constitution. The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials that are protected by the United States or Massachusetts Constitutions, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Similarly, it is not the intent nor effect of this section to condone or legitimize the distribution of obscene or other illegal matter or materials.
B.
Definitions specific to adult entertainment.
(1)
As used herein, and consistent with the definitions in MGL c. 40A, § 9A, adult uses shall include the following: adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater establishment, adult live entertainment, massage service establishment, sexual encounter club, adult cabaret or club, adult motel or any other business or establishment characterized by an emphasis depicting, describing or related to sexual conduct or sexual excitement as defined in MGL c. 272, § 31. Adult uses shall include an establishment with a combination of adult use materials as listed above, including books, magazines, devices, objects, tools, or toys, movies, videos, and any similar audio/visual media for sale or rent, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, which in combination, is either:
(2) ADULT CABARET OR CLUB ADULT MOTEL ADULT PARAPHERNALIA STORE ADULT USE ADULT VIDEO STORE MEMBERSHIP CLUB NUDITY SEXUAL CONDUCT SEXUAL ENCOUNTER CLUB SEXUAL EXCITEMENT
Terms defined. As used in this section, the following terms shall have the meanings indicated:
A restaurant, or other establishment licensed under MGL c. 138, § 12, which, as a form of entertainment, features exotic dancers, strippers, male or female impersonators or similar entertainers, or allows a person or persons to work in a state of nudity; or provides films, motion pictures, videocassettes, compact disks, slides, photographic reproductions, or other visual and/or audio media, regardless of form or method of presentation, which are characterized by the depiction or description of sex-related anatomical areas, or relating to any sexual activity, including sexual conduct or sexual excitement, as defined in MGL c. 272, § 31, as amended.
A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which are distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use of a building or business (whether partial or entire) for the purpose of engaging in the sale, display, hire, trade, exhibition or viewing of materials or entertainment depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, including adult bookstores, adult live entertainment, adult motion-picture theaters, adult paraphernalia stores and adult video stores, massage service establishments, sexual encounter clubs, adult cabaret or club, adult motel or similar establishment customarily excluding any minor by reason of age as a prevailing practice, as may be further defined in this bylaw.
An establishment having as a substantial or significant portion of its stock-in-trade, videos, movies, computer software, computer discs, laser discs or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A social, sports, or fraternal association or organization used exclusively by members and their guests and which may contain bar facilities, but excluding sexual encounter clubs.
Uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For the purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered as defined in MGL c. 272, § 31, as it may be amended.
Human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted, as defined in MGL c. 272, § 31, as it may be amended.
A business or commercial enterprise, public or private, that as one of its primary business purposes offers for any form of consideration: (A) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (B) activities between male and female persons and/or persons of the same sex when one or more persons is in the state of nudity; or where the activities in (A) or (B) are distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended.
The condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity as defined in MGL c. 272, § 31, as it may be amended.
C.
Special permit. Adult entertainment uses shall be only in nonresidential zoning districts, where such uses shall be allowed only upon the grant of a special permit by the Planning Board in accordance with site plan approval by the Planning Board in accordance with this Zoning Bylaw.
D.
Filing requirements, siting criteria, conditions.
(1)
Submission requirements.
(a)
The application for a special permit for an adult use shall provide:
(b)
A special permit hearing shall be held within 45 days after an application is filed with the Town Clerk. A decision on the special permit application shall be held within 45 days after the public hearing.
(c)
No adult use special permit shall be issued to any applicant or the representative of an owner, operator, or manager of an adult entertainment facility who has been convicted of violating the provisions of MGL c. 119, § 63 (Inducing or abetting delinquency of a child) or MGL c. 272, § 28 (Crimes against chastity, morality, decency and good order), or equivalent statutes in other jurisdictions. The application shall include authorization for the Town to confirm criminal record information through the appropriate authorities.
(2)
Siting criteria.
(a)
Adult entertainment uses shall comply with the following siting criteria, where the distance from the developed portion of the subject site shall:
[1]
Not be located closer than 100 feet to a residential zoning district or residential dwelling.
[2]
Not be located within 1,000 feet from a church, school, playground, play field, cemetery, public open space, youth center, day-care center.
[3]
Not be located within 1,000 feet from another adult use as defined herein.
[4]
Not be located within 500 feet from an establishment licensed under MGL c. 138, § 12, allowing sale of alcohol for drinking on premises.
(b)
The distances specified in this section shall be measured by a straight line from the nearest developed portion of the premises on which the adult entertainment use is proposed (including structures proposed to contain adult uses and associated accessory structures and parking) to the nearest property line of the uses stated in D(2)(a)[1] through [4] above.
(3)
Conditions. The Planning Board shall issue a special permit for an adult entertainment use if the submission requirements of Subsection D(1), the siting criteria in Subsection D(2), and the following conditions are met:
(a)
No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises. All entrances to an adult entertainment business, or portion of the business displaying material of adult content, shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises or portion of the business as the case may be.
(b)
All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
(c)
No adult entertainment use shall be allowed to display any advertisement, sign, placard, or other matter of visual material containing or depicting nudity, sexual conduct or sexual excitement.
(d)
Any special permit granted for an adult entertainment use shall be personal to the applicant, shall not run with the land, and shall expire upon the expiration of the applicant's lease or upon sale or transfer of the subject's property/business.
(e)
If the adult use allows for the showing of films or videos within the premises, any booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All booths must be able to be clearly seen from the center of the establishment.
(f)
No adult use shall be allowed within a building containing residential uses.
(g)
No adult use shall be allowed within a shopping center, shopping plaza or mall. For the purposes of this section, "shopping center," "shopping plaza," and "mall" shall be defined as an integrated group of retail establishments and associated parking, whether located on one or more parcels of land.
(h)
No loudspeakers or sound equipment shall be used by an adult entertainment business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult entertainment business is conducted.
(i)
An adult entertainment business shall not remain open for business, or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 1:00 a.m. and 10:00 a.m. of any particular day. In the case of adult bookstores, video stores, and adult paraphernalia stores, business hours shall be limited to hours between 9:00 a.m. to 10:00 p.m. These hours of operation may be further restricted in the conditions granting a special permit for an adult entertainment business.
(j)
A certificate of occupancy for an adult use shall not be issued until the applicant has first received any required license from the appropriate licensing boards.
(k)
Any adult entertainment use granted a special permit shall comply with all other Town bylaws and all statutes of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.
E.
Severability. The provisions of this section are severable and in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.
§ 300-24 Wind energy conversion systems.
[Added 3-6-2008]
A.
Purpose. The purpose of this section is to provide for the development and use of wind power as an alternative energy source, while protecting public health, safety and welfare, preserving environmental, historic and scenic resources, controlling noise levels and preventing electromagnetic interference.
B.
Applicability. Construction and use of a wind energy conversion system (WECS) or any part thereof shall comply with this bylaw.
C. COMMERCIAL WIND ENERGY SYSTEM (CWES) OVERALL ENGINEER-DESIGNED FALL ZONE RESIDENTIAL WIND ENERGY SYSTEM (RWES) WIND ENERGY CONVERSION SYSTEMS (WECS) WIND FARM WIND TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity greater than 10 kW.
The area on the ground, determined by a registered professional engineer, within a prescribed radius from the base of a WECS, typically the area within which there is a potential hazard from falling debris or collapsing material.
A wind energy conversion system consisting of a wind turbine, and associated control or conversion electronics, which has a rated capacity of not more than 10 kW, located on a single lot, intended as an accessory use in a designated residential district or in connection with any residential use in a designated commercial district. The rated capacity of not more than 10 kW can be increased at the discretion of the SPGA.
All equipment, machinery, and structures, whether underground, on the surface, or overhead, used to collect, transmit, distribute, store, supply, or sell energy derived from wind, including but not limited to wind turbines (rotors, electrical generators and towers), anemometers (wind measuring equipment), transformers, substations, power lines, control and maintenance facilities, and site access and service roads.
A collection of towers in the same location. See Subsection E(4) for allowance of more than one tower on the same lot or on contiguous lots held in common ownership.
A single device that converts wind to electricity or other forms of energy, typically consisting of a rotor and blade assembly, electrical generator, and tower with or without guy wires.
D.
Special permit granting authority.
(1)
The Planning Board is hereby established as the special permit granting authority (SPGA) in connection with construction of wind energy facilities (WECS). WECS are allowed in all districts by special permit (See § 300-31, Special permits.), except the Village and Historic Districts, where they are prohibited.
(2)
The SPGA shall grant a special permit only if it finds that the proposal complies with the provisions of this bylaw and is consistent with the applicable criteria for granting special permits.
E.
Development requirements. The following requirements apply to all wind energy conversion systems (WECS):
(1)
Proposed WECS shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
(2)
WECS serving neighborhoods or multiple residences are encouraged; however, proposals shall be permitted as a CWES allowed in residential districts. If applicable, any necessary easements between property owners must be recorded.
(3)
RWES and CWES shall be limited to one tower per lot, including one tower per lot on contiguous lots held in common ownership. The SPGA may exceed this limit if the applicant can demonstrate that additional number is necessary to serve the purposes of this bylaw and that the additional towers will not create an adverse impact in comparison to the siting of one tower as outlined in this bylaw with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(4)
Tower height.
(a)
CWES: maximum height 300 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(b)
RWES: maximum height 150 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(5)
Monopole towers are the preferred type of support.
(6)
Height calculation. Overall height of the wind turbine, including any roof-mounted wind turbine, shall be measured from the ground level (the land in its natural state prior to grading or filling) to the highest point reached by any part of the wind turbine.
(7)
Fall zone setbacks. (See Figure A.[1])
(a)
The minimum setback for the WECS shall be maintained equal to the overall engineer-designed fall zone plus 10 feet from all boundaries of the site on which the WECS is located.
[1]
No part of the WECS support structure, including guy wire anchors, may extend closer to the property boundaries than the standard structure setbacks for the zone where the land is located.
[2]
WECS shall be set back a distance of the overall engineer-designed fall zone plus 10 feet from ways, drives, access easements, trails, ascertainable paths and above-ground utility lines. (See Figure A.)
(b)
The SPGA may waive the fall zone setbacks in Subsection E(7)(a) if it determines that such a waiver does not derogate from the purpose of this bylaw, and is in the public interest. If any portion of the fall zone setback area referred to in Subsection E(7)(a) includes abutting property, in order for the SPGA to grant such a waiver the applicant must present evidence that he/she has secured a permanent "fall zone easement" from the abutting property owner(s). The area of the "fall zone easement" shall be shown on all applicable plans submitted to the SPGA. The easement shall prohibit the placement of temporary or permanent buildings or structures within the "fall zone" and state that it is for the benefit of the applicant's property and that the easement shall run with the land and forever burden the subject property. The easement shall be recorded no later than 10 days from the grant of said waiver, and a copy of the recorded easement shall be provided to the SPGA promptly. In addition, the SPGA may waive the setback requirement in Subsection E(7)(a) for setbacks from a public way for good cause.
[1]
Editor's Note: Figure A is included at the end of this section.
(8)
Noise. The WECS and associated equipment shall conform to the Massachusetts noise regulation (310 CMR 7.10). If deemed necessary by the SPGA, an analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.
(a)
Manufacturers specifications may be accepted when, in the opinion of the SPGA, the information provided satisfies the above requirements.
(b)
If noise levels are determined to be excessive, the Zoning Enforcement Officer shall require the property owner to perform ambient and operating decibel measurements at the nearest point from the wind turbine to the property line of the complainant and to the nearest inhabited residence.
(9)
Shadowing/Flicker. The WECS shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that a WECS does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(10)
Prevention of access. The applicant/owner shall ensure that all related components of the WECS are protected from unlawful access. Climbing access to the tower shall be limited by the following methods: by placing climbing apparatus no lower than 12 feet from the ground and by installation of a six-foot-high fence with locked gate set back no less than 10 feet from the base of the WECS. (See Figure B.[2])
[2]
Editor's Note: Figure B is included at the end of this section.
(11)
Visual impact.
(a)
The applicant shall employ all reasonable means, including landscaping and alternative locations, to minimize the visual impact of all WECS components. All components of the WECS and its support structure shall be painted plain, nonreflective, muted colors without graphics or other decoration.
(b)
The WECS shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic building or districts. Furthermore, WECS are prohibited in the Historic and Village Districts. WECS shall, when possible, be sited off ridgelines where their visual impact is least detrimental to scenic views and areas. In determining whether the proposed WECS will have an undue adverse impact on the scenic beauty of a ridge or hillside, the SPGA may consider, among other things, the following:
[1]
The period of time during which the proposed WECS will be viewed by the traveling public on a public highway, public trail, or public body of water;
[2]
The frequency of the view of the proposed WECS by the traveling public;
[3]
The degree to which the view of the WECS is screened by existing vegetation, the topography of the land, and existing structures;
[4]
Background features in the line of sight to the proposed WECS that obscure it or make it more conspicuous;
[5]
The distance of the WECS from the viewing vantage point and the proportion that is visible above the skyline;
[6]
The number of travelers or vehicles traveling on a public highway, public trail, or public body of water at or near the critical vantage point; and
[7]
The sensitivity or unique value of the particular view affected by the proposed WECS.
(c)
To assist the SPGA in its review, it may require the applicant to fly or raise a three-foot-diameter balloon at the maximum height of the proposed WECS at a location within 50 horizontal feet of the center of the proposed facility. The applicant shall provide photographs of the balloon test taken from at least four vantage points previously designated by the SPGA.
(12)
Electromagnetic interference. No WECS installation shall cause electromagnetic interference. The applicant may be asked to bring in consultants at his/her own expense to certify that the system will not cause interference. If neighbors can demonstrate that there is excessive interference, the Inspector of Buildings shall notify in writing the owner of the WECS to correct the violation. If the interference is not remedied within 30 days, the WECS shall remain inactive until the interference is remedied, which may include relocation or removal.
F.
Procedural requirements.
(1)
Site plan. A site plan must be submitted, prepared to scale by a registered land surveyor or civil engineer, showing the location of the proposed WECS, distances to all property lines, existing and proposed structures, existing and proposed elevations, public and private roads, above-ground utility lines and any other significant features or appurtenances. Any portion of this section may be waived if, in the opinion of the SPGA, the materials submitted are sufficient for the SPGA to make a decision.
(a)
Vegetation. Existing vegetation must be shown, including average height of trees and any proposed vegetation removal on the subject property or abutting properties. The SPGA may also consider the height of vegetation at maturity.
(b)
Lighting. If lighting is proposed (other than required FAA lights), the applicant shall submit a plan indicating the horizontal footcandles at grade, within the property line and 25 feet beyond the property lines. The plan shall also indicate the locations and types of luminaires proposed.
(c)
The site plan shall be accompanied by any additional documentation necessary to provide a complete description of the WECS, including technical, economic, environmental, and other reasons for the proposed location, height and design.
(2)
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(3)
Compliance with FAA regulations. WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(4)
Utility notification. No WECS shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(5)
Discontinuance.
(a)
A WECS shall be considered to be discontinued if it is not operated for a period of two years. Once a WECS is designated as discontinued, the owner shall be required to physically remove the WECS within 90 days of written notice. "Physically remove" shall include, but not be limited to:
[1]
Removal of WECS, any 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 WECS to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
(b)
If the applicant fails to remove the WECS in accordance with the requirements of this section, the Town shall have the authority to enter the property and physically remove the facility at the owner's cost, which may include placing a lien on the property and/or taking other actions.
(6)
Modifications. All modifications (excluding routine repairs and maintenance) to a WECS made after issuance of the special permit shall require approval by the SPGA.
(7)
Professional fees. The SPGA may retain a technical expert/consultant to verify information presented by the applicant. The cost for such a technical expert/consultant will be at the expense of the applicant.
FIGURE A: WIND ENERGY CONVERSION SYSTEM (Illustrative Example Only) | ||
A | = | Overall Height of WECS. Maximum height of a residential WECS is 150 feet and maximum height for a commercial WECS is 300 feet. Maximum height may be exceeded as part of the special permit process if there is a demonstrated need. |
B | = | Fall Zone Setback: A minimum of the overall engineer-designed fall zone plus 10 feet. This setback does not apply to any residential or commercial structure that is owned by the applicant. |
C | = | Standard Structure Setback. |
 | ||
FIGURE B: WIND ENERGY CONVERSION SYSTEM (Illustrative Example Only) | ||
A | = | Six-foot-high fence with locked gate set back no less than 10 feet from the base of the WECS. |
B | = | Fall Zone Setback: A minimum of the overall engineer-designed fall zone plus 10 feet. This setback does not apply to any residential or commercial structure that is owned by the applicant. |
C | = | Standard Structure Setback. |
 | ||
§ 300-25 Inclusionary housing.
[Added 3-6-2008]
A.
Purpose and intent. The purpose of this bylaw is to encourage development of new housing that is affordable to households up to moderate income as defined by U.S. Department of Housing and Urban Development At a minimum, affordable housing produced through this regulation should be in compliance with the requirements set forth in MGL c. 40B § 20 through § 24. It is intended that the affordable housing units that result from this bylaw be considered as "Local Action Units," in compliance with the requirements for the same as specified by the Department of Housing and Community Development (DHCD) and the most recent update of its Local Initiative Program Guidelines. Definitions for "affordable housing unit" and "eligible household" can be found in Subsection C, Definitions.
B.
Applicability. In the Residential-Agricultural-1 (R-A-1), Residential-Agricultural-2 (R-A-2), and Residential-Agricultural-5 (R-A-5) Zoning Districts, the inclusionary zoning provisions of this section shall apply to the following uses:
(1)
Any project that results in a net increase of seven or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or nonresidential space; and
(2)
Any subdivision of land for development of seven or more dwelling units. This also includes lots that could potentially be developed in the future. Therefore, applicants must also show a long-term phasing plan; and
(3)
Any life-care facility development that includes seven or more assisted-living units and accompanying services.
C. AFFORDABLE HOUSING UNIT ELIGIBLE HOUSEHOLD
Definitions. As used in this section, the following terms shall have the meanings indicated:
A decent, safe and sanitary housing unit created through the Local Initiative Program or other state or federal housing production programs which is restricted to occupancy by households of low or moderate income.
An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD) and the commonwealth's Local Initiative Program.
D.
Special permit. The development of any project set forth in Subsection B (above) shall require the grant of a special permit from the Planning Board or other designated special permit granting authority (SPGA).
E.
Mandatory provision of affordable units.
(1)
As a condition of approval for a special permit, the applicant shall contribute to the local stock of affordable units in accordance with the following requirements:
(a)
At least 10% of the units in a division of land or multiple-unit development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below:
(b)
An applicant may offer donations of land in fee simple to the Town, subject to acceptance by the Town, or eligible nonprofit affordable housing developer subject to the approval of the SPGA, on- or off-site, that the SPGA in its sole discretion determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. The SPGA may require that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. On-site land donated to the Town or eligible nonprofit affordable housing developer shall scatter the donated parcels throughout the development so that the land on which affordable housing units are to be constructed are not clustered in any one part of the development. The applicant must coordinate the development of affordable housing units to be constructed by a third party (such as an eligible nonprofit affordable housing developer) so that the affordable housing units will be constructed in accordance with Subsection F(3).
F.
Provisions applicable to affordable housing units on- and off-site.
(1)
Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
(2)
Minimum design and construction standards for affordable units. Affordable housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.
(3)
Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:
Market-Rate (% Complete) | Affordable Housing Unit (% Required) |
|---|---|
< 30% | — |
30% plus 1 unit | 10% |
Up to 50% | 30% |
Up to 75% | 50% |
75% plus 1 unit | 70% |
Up to 90% | 100% |
G.
Provision of affordable housing units off-site. As an alternative to the requirements of Subsection F, an applicant subject to the bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Subsection E off-site, as long as the applicant meets the minimum percent of affordable housing units in accordance with Subsection E of this bylaw. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process.
H.
No building permits may be issued until:
(1)
The owner of the site has executed and recorded a regulatory agreement with the Town, consistent with the requirements of 760 CMR 54.00, in a form approved by the SPGA and Town Counsel;
(2)
The Local Action Units have received state approval under 760 CMR 54.00 for inclusion in the Subsidized Housing Inventory for the Town; and
(3)
The use restriction required under 760 CMR 54.00 has been recorded.
I.
Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.
J.
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 Town's Zoning Bylaw.
§ 300-26 Open space residential development.
[Added 3-6-2008]
A.
Purpose and intent.
(1)
The primary purposes for this bylaw are the following:
(a)
To allow for greater flexibility and creativity in the design of residential developments;
(b)
To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources, including aquifers, water bodies and wetlands, and historical and archaeological resources;
(c)
To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features;
(d)
To minimize the total amount of disturbance on the site;
(e)
To further the goals and policies of the Town of Templeton Comprehensive Plan and Open Space and Recreation Plan and other local and regional plans as may be applicable;
(f)
To facilitate the construction and maintenance of housing, streets, utilities, and public services in a more economical and efficient manner.
B. BASIC MAXIMUM NUMBER HARD STORMWATER MANAGEMENT TECHNIQUES MAJOR RESIDENTIAL DEVELOPMENT SOFT STORMWATER MANAGEMENT TECHNIQUES
Definitions. As used in this section, the following terms shall have the meanings indicated:
The number of units that would be allowed on a site using the standard Zoning Bylaw provisions and/or Subdivision Rules and Regulations[1] as determined by a yield plan.
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.
Any new open space residential development that will create more than four residential lots. This also includes lots of more than four residential lots that could potentially be developed in the future. Therefore, applicants must also show a phasing plan if lots of four or more are held in common ownership.
Nonstructural stormwater management techniques that use passive surface pre-treatment 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.
C.
Applicability.
(1)
Any major residential development may be permitted by issuance of a special permit from the Planning Board for either conventional development or open space residential development (OSRD) in accordance with this bylaw. Applicants for a major residential development shall submit both a conventional plan and an OSRD plan in accordance with the applicable provisions of this bylaw.
(2)
Developments of four lots or smaller may also apply for an OSRD special permit subject to the following criteria:
(a)
Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. 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 as listed in Subsection A.
(b)
Land division. To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P; provided, however, an OSRD may also be permitted when the property is held in condominium, cooperative ownership or other form where the property is not subdivided.
D.
Pre-application.
(1)
Conference. The applicant is required to request a pre-application review at a regular business meeting of the Planning Board. The Planning Board may conduct a pre-application review, if deemed necessary by the Planning Board. The Planning Board may invite local officials and/or representatives of local boards, commissions and committees as deemed appropriate by the Planning Board. The Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for a conventional or OSRD special permit at the expense of the applicant.
(2)
Submittals. Applicants shall submit the following information:
(a)
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 such as, but not limited to, lakes, brooks, and streams 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.
(b)
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 locate and describe noteworthy resources that could be protected through sensitive subdivision layouts. These resources shall include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature, nondegraded 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)
Site visit. The Planning Board and/or its agents may conduct one or more site visit(s) during the review of the proposed open space residential design plan. The Planning Board may invite local officials and/or representatives of local boards, commissions and committees as deemed appropriate by the Planning Board.
E.
Major residential development/OSRD application for special permit. The Planning Board, acting as the special permit granting authority (SPGA), may authorize a conventional development special permit or an OSRD special permit pursuant to the procedures outlined below and in accordance with the Town of Templeton Subdivision Rules and Regulations.[2] However, anything within the Templeton Subdivision Rules and Regulations can be waived at the discretion of the Planning Board during the OSRD special permit process.
(1)
Application. An application for the special permit shall be submitted on the form(s) provided by the Planning Board in the Templeton Subdivision Rules and Regulations, as may be amended. Applicants for OSRD shall also file with the Planning Board eight copies of the concept plan. The concept plan shall include a yield plan and a sketch plan [see Subsection E(1)(a) and (b) of this section], and shall be consistent with the Town of Templeton Subdivision Rules and Regulations. The applicant shall also submit both the site context map and existing conditions/site analysis map prepared according to Subsection D(2) above. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps.
(a)
Yield plan. The basic maximum number of allowable units shall be derived from a yield plan. The 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 lots resulting from the design and engineering specifications shown on the yield plan. The yield plan shall contain, at a minimum, the following information:
[1]
Parcel boundaries, north point, date, legend, title "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, approximate location, and widths of adjacent streets.
[4]
Existing topography at two-foot contour intervals.
[5]
Map of soils using NRCS soils mapping.
[6]
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.
[7]
Lot lines with approximate areas and frontage dimensions, or unit placements and proposed common areas.
[8]
Location and extent of parking, landscaping, stormwater management, water supply and wastewater management service areas that would be required to accommodate the use.
[9]
If available, the location and results of any test pit investigations for soil profiles, percolation rates and determination of seasonal high groundwater levels.
(b)
Sketch plan. The sketch plan, which details the open space residential development design, shall address the general features of the land, and give approximate configurations of the proposed lots, of unit placements if treated as a condominium, of open space, and roadways. The sketch plan shall incorporate the four-step design process, according to Subsection F below, and the design standards, according to Subsection G below, when determining a proposed design for the development. In addition to those requirements for a yield plan listed in Subsection E(1)(a), a sketch plan shall contain the following information:
[1]
The proposed topography of the land shown at a contour interval no greater than two feet. Elevations shall be referred to mean sea level.
[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 Subsection F(1). Proposals for all site features to be preserved, demolished, or altered shall be noted on the sketch plan.
[3]
The existing and proposed lines of streets, ways, 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 subdivision, or unit development, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the subdivision in a general manner. Common driveways shall not be allowed.
[4]
Proposed roadway grades.
[5]
Official soil percolation tests for the purpose of siting wastewater treatment options shall be required as determined by the Board of Health. 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.
[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 approximate location of any stormwater management detention/retention basins 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. Open space parcels shall be clearly shown on the plan.
[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, condominium or cooperative documents, 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.
(2)
Procedures. Whenever an application for a conventional/OSRD special permit is filed with the Planning Board, the applicant shall also file, within five working days of the filing of the completed application, copies of the application, accompanying development plan(s), and other documentation, to the Board of Health, Conservation Commission, Historical Commission, Building Inspector, Highway Department, Police Chief, Fire Chief, and Town Engineer 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 public hearing by the Planning Board is held 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.
(3)
Site visit. Whether or not conducted during the pre-application stage, the Planning Board and/or its agent shall 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.
(4)
Other information. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[3] 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 a special permit for conventional or OSRD special permit with the public hearing required for approval of a definitive subdivision plan.
[3]
Editor's Note: See MGL c. 41, § 81K through § 81GG.
F.
Design process. At the time of the application for the special permit, in conformance with Subsection E(1), applicants are required to demonstrate to the Planning Board that the following design process was performed by a multidisciplinary team of which one member must be a certified landscape architect and considered in determining the layout of proposed streets, house lots, unit placement if treated as a condominium, and designation of all common areas and open space.
(1)
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, meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.
(2)
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.
(3)
Aligning the streets and the walking and bicycle trails. Align streets in order to access the house lots or units. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.
(4)
(Reserved)
(5)
Lot lines. Draw in the lot lines using assumed lot lines if the ownership is in condominium, cooperative or other similar form of common ownership.
G.
Design standards. Applicants shall refer and adhere to the Templeton Subdivision Rules and Regulations, as amended.[4] In addition, the following generic and site specific design standards shall apply to all sketch plans for OSRDs and shall govern the development and design process:
(1)
Generic design standards.
(a)
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 drainageways 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.
(b)
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 or off the subject parcel.
(c)
Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings.
(d)
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.
(e)
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.
(2)
Site-specific design standards.
(a)
Mix of housing types. The OSRD may consist of any combination of single-family and two-family structures and multifamily residences containing greater than two dwelling units per structure upon the grant of a special permit by the Board of Appeals in accordance with Article VII, Supplemental Regulations.[5]
(b)
Parking. Each dwelling unit for single- or two-family homes shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation. For dwelling units with fewer than two bedrooms in structures containing four or more units, the applicant shall provide two parking spaces per unit for residents' parking and 1.5 for visitors' parking that shall be marked as such. For dwelling units with two or more bedrooms in structures containing four or more units, the applicant shall provide three parking spaces per unit, the third of which may be used for visitors' parking. 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.
(c)
Drainage. The Planning Board may consider the use of soft stormwater management techniques and other low-impact development techniques that reduce impervious surface and enable infiltration where appropriate.
(d)
Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.
(e)
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.
(f)
Disturbed areas. Every effort shall be made to minimize the area of disturbed areas on the tract. A disturbed area is any land not left in its natural vegetated state.
H.
Open space requirements.
(1)
Generic design standards. A minimum of 50% of the parcel(s) shown on the development plan shall be set aside as protected open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission or Cemetery and Parks Department or appropriate nonprofit organization such as a land trust, shall be subject to a recorded restriction enforceable by the Town through a conservation restriction, provided that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. The Planning Board may develop model documents for the applicant's use.
(a)
The percentage of the open space which is wetlands shall not normally exceed 50%. The percentage of the parcel(s) which is wetlands that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in this section. For purposes of this section, "wetlands" shall mean all areas defined as "freshwater wetlands" in the Wetlands Protection Act, MGL c. 131, § 40.
(b)
The open space shall be contiguous to other open space. "Contiguous" shall be defined as being connected and open space shall not include residential uses. Open space will be considered connected if it is separated by a roadway or an accessory amenity. The Planning Board may allow noncontiguous open space where such noncontiguous open space will promote the purposes of this bylaw and/or protect important conservation resources.
(c)
The open space shall be arranged to protect valuable natural and cultural elements, including water bodies, streams, wetland buffers, unfragmented forest, wildlife habitat, open fields, scenic views, trails, stone walls, archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes.
(d)
The open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by accessible and suitable public access for such purposes.
(e)
The open space shall remain unbuilt upon, except that the Planning Board may permit up to 20% of the open space to be paved with permeable material, or built upon for structures accessory to the dedicated use or uses of the open space, such as pedestrian walks and bike paths.
(f)
Underground utilities. Subject to the approval of the Planning Board, underground utilities to serve the OSRD site may be located within the open space.
(g)
Wastewater facilities. Subject to the approval of the Board of Health, as otherwise required by law, the Planning Board may permit a portion of the open space to be used for components of sewage disposal systems serving the development, where the Planning Board finds that such use will not be detrimental to the character, quality of use of the open space, wetlands or water bodies, and enhances the site plan. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development.
(h)
Stormwater management systems. Subject to the approval of the Planning Board, stormwater management systems may be located within the required open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.
(2)
Ownership of the open space. The open space shall, at the Planning Board's election, be conveyed to either:
(a)
The Town of Templeton or its Conservation Commission or Cemetery and Parks Department;
(b)
A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above such as a land trust; or
(c)
A corporation or trust owned jointly or in common by the owners of lots within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust, which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town of Templeton to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the Town of Templeton an easement for this purpose. In such event, the Town of Templeton shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the Town of Templeton may perform it. Each individual deed, and the deed or trust or Articles of Incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted with the special permit application to the Planning Board for approval, reviewed by Town Counsel, and shall thereafter be recorded. The developer shall include in the deed to such owner beneficial rights in the open space, and shall grant a perpetual open space restriction to the Town to insure that it will remain in an open state and not be used for residential purposes or accessory uses. Such restriction shall be in the form and substance prescribed by the SPGA, and may contain such additional restrictions on the use of the open space as the SPGA deems appropriate.
(3)
Buffer areas.
(a)
A buffer area equal to the minimum backyard setback required for the zoning district shall be provided at the perimeter of the OSRD parcel where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the OSRD parcel. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement:
[1]
Where the land abutting the OSRD parcel is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least 50 feet in depth, which may include such restricted land area within such buffer area calculation; or
[2]
Where the land abutting the OSRD parcel is held by the Town for conservation or recreation purposes; or
[3]
The Planning Board determines that a smaller buffer, or no buffer, will suffice to accomplish the objectives set forth herein (e.g., if integration with neighborhood is better achieved without buffer).
(b)
No person may encroach or cause another person to encroach on open space land or on any land for which a public body, a nonprofit land conservation organization, or homeowners' association holds a conservation easement interest, without the permission of the owner of such open space land or holder of such conservation easement or without other legal authorization.
(4)
Encumbrances. All areas set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.
I.
Reduction of dimensional requirements. Applicants may propose to modify lot size, unit placement, shape, and other dimensional requirements for lots within an OSRD, subject to the following limitations:
(1)
Frontage. Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this bylaw. The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage.
(2)
Setbacks. Every dwelling fronting on the proposed roadways shall be set back a minimum of 30 feet from the roadway right-of-way, and 15 feet from any rear or side lot line. In no event shall structures be closer than 30 feet to each other. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 15 feet; however, the distance between structures shall be a minimum of 30 feet.
J.
Increases in permissible density. Increases in density are not permissible and not waiverable.
K.
Decision of the Planning Board.
(1)
Criteria for approval. The Planning Board will review all data and hold a public hearing in accordance with MGL c. 40A, § 9. The Planning Board may grant a special permit for an OSRD, with or without conditions, if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional subdivision of the property and finding that the following eight factors are present:
(a)
That the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan;
(b)
That the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources, including water bodies and wetlands, and historical and archaeological resources;
(c)
That the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision;
(d)
That the OSRD reduces the total amount of disturbance on the site;
(e)
That the OSRD furthers the goals and policies of existing community planning documents, including, but not limited to, the Town's Local Comprehensive Plan, Open Space and Recreation Plan, Planned Production Strategy for Affordable Housing and EO418 Community Development Plan;
(f)
That the OSRD facilitates the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
(g)
That the concept plan and its supporting narrative documentation comply with all sections of this Zoning Bylaw;
(h)
That the proposed design does not create undo risk to public health, safety and welfare.
(2)
Relationship between concept plan and definitive subdivision plan. Any special permit for a major residential development or any special permit for OSRD that is granted a special permit and shows a subdivision must be followed by the submittal of a definitive subdivision plan in accordance with the Subdivision Rules and Regulations of the Town.[6] The OSRD special permit shall be reconsidered if there is substantial variation between the definitive subdivision plan and the concept plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the concept plan. A substantial variation shall be any of the following:
(a)
An increase in the number of building lots and/or units;
(b)
A significant decrease in the open space acreage;
(c)
A significant change in the lot layout or unit placement;
(d)
A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;
(e)
Significant changes to the stormwater management facilities; and/or
(f)
Significant changes in the wastewater management systems.
L.
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 Town's Zoning Bylaw.
§ 300-27 Senior housing planned community manufactured home parks.
[Added 5-17-2010]
In Residential Districts R-A-1 and R-A-2.
A.
Purpose and intent. This section of the Zoning Bylaw is established in order to encourage the development and maintenance of attractive and filling sites for manufactured homes, so called; to protect and foster the health, safety, and welfare of the residents of manufactured home developments, and, in general, preservation of the environment and appearance of the areas within which such parks are established and maintained. It is the intent of the Town that manufactured home parks serve the needs of the elderly and retired population of moderate means, who no longer need or can maintain a larger home. In order to provide a quiet, safe, and convenient environment for the elderly residents of manufactured home parks, the special permit granting authority shall, as a condition of a special permit, provide for occupancy of manufactured home parks by persons 55 years of age and older and by members of their families. All manufactured home parks granted a special permit may be required to be licensed by the Board of Health as provided by MGL c. 140, § 32B.
B.
Special permit granting authority. Special permit granting authority (SPGA) shall be solely the responsibility of the Planning Board.
C.
Special conditions.
(1)
Except as otherwise provided herein, or in a particular special permit, the design and construction of a manufactured home park shall be in general conformity with the Rules and Regulations of the Templeton Planning Board under the Subdivision Control Law,[1] so far as the SPGA shall deem appropriate and applicable, but dimensional and use regulations of the Zoning Bylaw shall not apply, except as specified herein. However, waivers maybe granted from the Rules and Regulations as deemed appropriate.
(2)
No home occupations, commercial, or other nonresidential uses shall be permitted as either principal or accessory uses in manufactured home parks, except for service or recreation facilities for the residents thereof.
D.
Area. No manufactured home park shall be less than 20 acres in area, including the roads and the area provided for recreation, service, and other permanent installations.
E.
Utilities. All manufactured home parks shall require public water systems.
(1)
Where an existing public sewer or water service is to be utilized, the applicant shall present such evidence as will show that such utilization is acceptable to the applicable departments for the Town of Templeton.
(2)
When a sewage system is proposed, the applicant shall present such evidence as will show that his waste treatment system is approved by the appropriate department of the Town.
F.
Density of use.
(1)
There shall be no more than eight manufactured home units with accessories per acre; however, no more than 30% of the gross land mass shall be developed for a manufactured home park. Said 70% land mass shall be designated as open space and reserved for recreational purposes.
(2)
Manufactured homes shall not be located closer than 10 feet to the nearest manufactured home and 20 feet to park streets.
(3)
Each manufactured home shall be located with at least a forty-foot setback from any park property boundary abutting a public street or highway or adjacent property.
G.
Parking. At least two off street parking spaces shall be provided for each manufactured home.
H.
Street and services.
(1)
The street system shall conform to construction standards set forth in the rules and regulations relative to the construction and paving of streets in subdivisions in the Town of Templeton, and shall have direct connection to a public street or highway sufficient to satisfy requirements for the Highway Department, the Chief of the Fire Department and the rules and regulations of the Planning Board. The maintenance of these streets shall be the responsibility of the manufactured home park owner.
(2)
There shall be provided central facilities for recreation, open space and services, which shall be available to all manufactured home park residents.
I.
Units for sale. Manufactured homes shall not be stored or displayed on park premises except when mounted on a pad on a lot. New manufactured homes displayed for sale by the park owner or operator must be sold for use within that park. Used manufactured homes offered for sale by individual manufactured home owners must be displayed on a pad on a lot within that park, but may be sold either with intent to use within that park to an individual, the park owner or operator, or for use outside that park. The park owner or operator may also display those units on a pad on a lot for resale within that park premises. Nothing in this section shall be construed as permitting the storage of unoccupied units in any park, for sale in the ordinary course of business, or as inventory, or the sale of such units except in those districts, as determined by the Zoning Bylaw, wherein such commercial activity is permissible with or without permits from the proper authority.
§ 300-28 Large-scale ground-mounted solar photovoltaic installations.
[Amended 5-23-2012]
A.
Purpose and applicability.
(1)
The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
(3)
This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
B. LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION RATED NAMEPLATE CAPACITY SOLAR PHOTOVOLTAIC ARRAY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 50 kW DC.
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
An arrangement of solar photovoltaic panels.
C.
Use standards. Large-scale ground-mounted solar photovoltaic installations are hereby allowed by right in the following districts: Commercial-Industrial-A, Commercial-Industrial-B, and Highway Business; and allowed by special permit in the following districts: Village, Residential (R-A-1, R-A-2, R-A-5) Districts, and the Airport District.
D.
General standards.
(1)
Permit granting authority. It is hereby established under this bylaw that the Planning Board will be the permit granting authority under this section.
(2)
Site plan and special permit requirements. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo either site plan review or special permit review process contingent on the location of the proposed project prior to construction, installation or modification as provided in this section.
(a)
General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.
(b)
Required documents. Pursuant to the site plan review process, the project proponent shall provide the following documents:
[1]
A site plan showing:
[a]
Property lines and physical features, including roads, for the project site;
[b]
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[c]
Drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
[d]
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
[e]
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed system installer;
[g]
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
[h]
The name, contact information and signature of any agents representing the project proponent; and
[2]
Documentation of actual or prospective access and control of the project site;
[4]
Zoning district designation for the parcel(s) of land comprising the project site [Submission of a copy of a Zoning Map with the parcel(s) identified is suitable for this purpose.];
[5]
Proof of liability insurance; and
(c)
Waiver. The Planning Board may waive documentary requirements as it deems appropriate.
E.
Compliance with laws, bylaws and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
F.
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until written evidence has been given to the Planning Board that Templeton Light and Water has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
G.
Building permit. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
H.
Fees.
(1)
At the time of an application submittal an administration fee will be required. (See the Planning Board Fee Schedule for the amount required.)
(2)
A review fee will be determined by the Planning Board before the public hearing by acquiring an estimate from the peer review engineer appointed by the Planning Board to review the project.
I.
Design standards.
(1)
Dimension and density requirements.
(a)
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
[1]
Front yard. The front yard depth shall be at least 30 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential District, the front yard shall not be less than 50 feet.
[2]
Side yard. Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential District, the side yard shall not be less than 50 feet.
[3]
Rear yard. The rear yard depth shall be at least 30 feet; provided, however, that where the lot abuts a Conservation-Recreation or Residential District, the rear yard shall not be less than 50 feet.
(2)
Lighting. Lighting of solar photovoltaic installations shall be consistent with any state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution.
(3)
Signage. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(4)
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 transformers for utility interconnections may be above ground if required by the utility provider.
J.
Safety, emergency services and environmental standards.
(1)
The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(2)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation. Any land disturbance, including earth removal or moving, and land clearing greater than one acre of land will be subject to Chapter 235, Stormwater Management, of the Town bylaws.
K.
Accessory buildings. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
L.
Operation and maintenance plans.
(1)
The project proponent shall submit a plan for the operation and maintenance of the installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(2)
The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
M.
(Reserved)
N.
Modifications.
(1)
All material modifications to a solar energy collection system installation made after approval of the site plan shall require a modification of the approval.
(2)
The Planning Board shall review each site plan at intervals of not less than five years and may, after public notice and hearing, modify the approved plan to ensure the public safety and compliance with the Town bylaws and regulations.
O.
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. The Municipal Light and Water Plant shall have the right of first refusal as to whether it will choose to assume responsibly for the solar operation. If the Municipal Light and Water Plant chooses to forego the operation and the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
P.
Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety either through the Planning Board or Templeton Municipal Light and Water Plant before construction. If setting up a surety with the Planning Board, the form of surety must be either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
Q.
Severability. If any section or provision of this bylaw is found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of any other section or provision of this bylaw.