Nonconforming single- or two-family residential structures may be altered if:

Conforming single- and two-family residential structures located on nonconforming lots may be altered if:

Permits issued under Subsection E(1)(b) and E(2)(b) of this section shall be subject to the provisions of § 235-8.4B(4) and § 235-8.4C(5) of this bylaw. In making the determination to issue the permit, the Zoning Board of Appeals may consider other criteria in § 235-8.4B.

For purposes of this section:

Applicants for special permits for uses so controlled and which involve required parking for 10 or more cars, or involve more than 4,000 square feet floor area of new construction or for any adult entertainment use regulated herein under § 235-6.20 or uses in the Main Street Overlay District herein under § 235-9.2 and regardless of floor area or the number of parking spaces, shall submit to the Zoning Board of Appeals three copies of the following:

Other uses. Parking requirements for all other uses not specifically mentioned shall be determined by the Zoning Board of Appeals for those uses controlled by special permit and by the Selectboard or by the Inspector of Building appointed by the Board for those allowed uses unless such use is subject to the provisions of § 235-6.3B of this bylaw.

Central District parking. Lots that are partly within the Central District and partly within the R1 Residential District may use the R1 portion of their lot for parking with a special permit from the Zoning Board of Appeals, provided that adequate measures are taken to mitigate any adverse impact on abutting properties. Such mitigation may include, but not be limited to, fencing or screening to control the visibility of the parking, access to the parking area that protects public safety and is consistent with existing traffic patterns and flow.

A traffic impact study to determine the development's effect on road traffic-carrying capacity, road physical environment, and traffic and pedestrian safety.

A financial impact study to determine the development's effect on public service expenditures for administrative, police, fire, school and road maintenance services.

Any driveway likely to carry more than 200 trips per average summer business day must comply with the following unless the Zoning Board of Appeals grants a special permit for an alternative configuration, upon its determination that safety will be adequately protected, based on commonly employed engineering standards, or unless the Massachusetts Department of Public Works[1] imposes requirements precluding compliance:

No existing parcel shall be divided into lots with frontage, which would preclude meeting the driveway separation requirements, unless access rights-of-way are deeded to enable shared egress.

The minimum setback distance for all windmills from any abutter's property line shall be at least equal to the maximum height of the machine from grade plus 20 feet. Setbacks will be measured to the center of the tower base.

The maximum tower height shall be 65 feet from grade to the center of the rotor.

Climbing access to the windmill tower shall be limited either by (I) the installation of a fence with locked gate around tower base or by (II) limiting tower climbing apparatus to no lower than 10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence, including such construction as stockade, woven wood, chain link, etc., but excluding split rail.

The diameter of a rotor may not exceed 35 feet. The minimum height of the rotor shall not be less than 15 feet from the ground as measured from the lowest point of the arc of the rotor.

The windmill shall not generate excessive noise, cause interruption of television or radio station reception or otherwise constitute a public nuisance.

Pervious surfaces may be used except where grades require pavement.

Right-of-way for roads may be reduced to 30 feet at the discretion of the Planning Board.

Roadway width shall be minimum consistent with access for emergency vehicles.

The road layout shall minimize cutting and grading.

Other requirements of the Wellfleet Subdivision Control Regulations with regard to road design shall be complied with.[2]

The purpose of this § 235-6.6.1 of the Wellfleet Zoning Bylaws is to provide a residential development zoning provision with flexible dimensional regulations to encourage efficient site layout that minimizes land consumption and creates opportunities for diversified and affordable housing. The Town wishes to encourage affordable flexible residential design (AFRD) as an alternative to conventional development because AFRD results in creation of more affordable housing for year-round residents, while allowing more design flexibility to encourage more efficient site layout and preservation of contiguous open space.

The goals of AFRD are:

AFRD is allowed by special permit under zoning, in accordance with this § 235-6.6.1, for development that proposes to provide at least 30% of the base allowable density number, as determined in accordance with § 235-6.6.1G, as affordable dwelling units for income-eligible households.

The minimum area required for an AFRD development is 60,000 square feet of contiguous upland.

AFRD is subject to the requirements of the Rules and Regulations Governing the Subdivision of Land, Wellfleet, Mass ("Subdivision Rules and Regulations"),[1] as applicable, except where modification is allowed in accordance with § 235-6.6.1F, and subject to any other generally applicable non-zoning land use regulations. AFRD may be proposed in the NSP, CD, R1, R2, C, and C2 Zoning Districts; except that any AFRD development in the NSP must comply with the Act of Congress of August 7, 1961, which provided for the establishment of the Cape Cod National Seashore and the regulations promulgated thereunder. If subdivision approval is not required because a new roadway is not proposed, an applicant may nevertheless apply for AFRD subject to the requirements of this § 235-6.6.1.

The base number of dwelling units permitted under AFRD shall not exceed that which would be permitted under a conventional ("grid") subdivision that complies with the Wellfleet Zoning Bylaws, Subdivision Rules and Regulations[3] and any other applicable laws and regulations of the Town or the state.

To determine the base allowable density, an applicant shall submit a preliminary subdivision plan that demonstrates the allowable base number of units. The Subdivision Rules and Regulations shall apply to the preliminary subdivision plan layout without waivers.

The Planning Board may grant a density bonus for additional dwellings in accordance with § 235-6.6.1H. The number of dwelling units shall not exceed the base allowable density except where the Planning Board has granted a density bonus.

Minimum AFRD area. The minimum area for an AFRD development is 60,000 square feet contiguous upland.

Minimum lot size. There is no minimum size for lots within an AFRD. The limiting factor on lot size in AFRD is the need for adequate water supply and sewage disposal. Therefore, minimum lot size shall be sufficient to meet Board of Health requirements for disposal of sewage and protection of water supply.

Frontage. There is no numerical requirement for road frontage in AFRD. Each lot must have legal, actual and adequate frontage so as to allow vehicular access to a public way or a way approved under Subdivision Rules and Regulations.[4] Actual and adequate frontage shall be determined by the Planning Board.

Setbacks. The minimum setback for any building from a property line shall be 10 feet. In no event shall any dwelling be closer than 20 feet to each other. However, all setbacks from the perimeter lot line AFRD area shall be 30 feet for front and rear and 25 feet for sides.

Lot arrangement. Lots shall be located in a manner that protects scenic views, wildlife habitat, hilltops, ponds, steep slopes, and other sensitive environmental resources and land of conservation value, while facilitating pedestrian and bicycle circulation.

AFRD proposals are required to design the site using the following process:

Shared driveways. Shared driveways serving no more than five dwelling units may be allowed in the AFRD, provided that adequate vehicular access to the site has been provided by a way, or ways, that meets the following criteria:

Pre-application meeting. A pre-application discussion is required between the applicant and the Planning Board. The purpose of this informal meeting is to introduce the applicant to the AFRD zoning and Subdivision Rules and Regulations and discuss the applicant's objectives prior to developing engineered plans and other application materials.

Application materials. Applicants shall submit 16 copies of an AFRD application and plans which shall comply with the submission requirements of the Subdivision Rules and Regulations and which shall also indicate proposed land and building area, location of common open space and upland area. The plans shall be prepared by a team including a registered civil engineer and a registered land surveyor.

The Planning Board may conduct the public hearing for the AFRD special permit concurrently with a public hearing for the subdivision in conformity with the provisions of MGL c. 41, §§ 81K - 81GG and the Subdivision Rules and Regulations.

Strict compliance with the requirements of these Subdivision Rules and Regulations may be waived when, in the judgment of the Board, such action is in the public interest, and not inconsistent with the Subdivision Control Law. The application for approval of a definitive plan must be accompanied by a written request for waiver of strict compliance with the Subdivision Rules and Regulations, the regulation sought to be waived, the nature and location of the waiver sought, and a statement by the applicant's surveyor or engineer that such waiver is consistent with each of the purposes set forth in § 300-1.3 of the Subdivision Rules and Regulations.

The proposed development meets the goals and purposes of AFRD.

The proposed development is suitable for the proposed location, and the layout of the developed areas, including buildings, roads, and utilities, conforms to the natural features of the parcel, minimizes the amount of land to be disturbed, protects sensitive resources on site, and provides an efficient design of streets and ways and utilities.

The proposed development complies with the special permit standards of § 235-8.4B of the Wellfleet Zoning Bylaws.

Required open space. AFRD areas greater than 10 acres shall provide a minimum of 25% of the site area of the parcel as permanently protected open space, except where reduction is allowed, as set forth in § 235-6.6.1N(2) below. Applicants are encouraged to retain natural vegetation for screening, roadway buffers, and natural resource protection to the maximum extent feasible.

Applicants are encouraged to include wetlands and water bodies within the open space; however, the amount of wetland that may count towards the open space requirement shall not exceed the percentage of wetland on the entire site under existing conditions. Roadway rights-of-way shall not count toward the area to be provided as open space.

The Planning Board may reduce the open space requirement for AFRD proposals with one or more of the following characteristics:

Purposes. Open space shall be used solely for passive recreation or conservation purposes by residents. At least 1/2 of the required open space may be required by the Planning Board to be left in a natural state. The proposed use of the open space shall be specified in the AFRD application.

Infrastructure in open space. A minimal amount of stormwater infrastructure may be located in the open space area, provided it is designed as low-impact development as defined by the Massachusetts Department of Environment Protection in its regulations and guidance and does not significantly impact the features to be preserved. If the applicant demonstrates to the satisfaction of the Planning Board that there are practical difficulties in locating required septic fields within the areas to be developed, the fields may be located in adjacent parts of the open space, provided the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or water bodies, and enhances the site plan.

Except as provided in § 235-6.6.1P(2), the open space shall be protected with a permanent restriction. The applicant shall provide a permanent restriction or restrictions (conservation, open space or similar) in favor of a government entity, a land trust, homeowners' association, or a not-for-profit organization with a mandate that includes land conservation.

In the case of an AFRD that is less than or equal to 10 acres with more limited open spaces to be used primarily by its residents, the Planning Board may accept as adequate protection the combination of homeowners' association, deed or covenant restrictions, and the conditions in the special permit decision.

Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas.

Open space shall be arranged to protect valuable natural and cultural environments such as wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized.

Open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.

Where the proposed development abuts or includes a body of water or a wetland, these areas and the 100 feet buffer to such areas, as stated in § 141-3 of the Wellfleet Environmental Protection Bylaw, shall be incorporated into the open space. Where appropriate, reasonable access shall be provided to shorelines.

The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.

Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized.

Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land.

As a condition to an AFRD special permit, the applicant shall be required to execute an affordable dwelling restriction ("restriction") for each affordable dwelling unit using DHCD's universal Affordable Housing Deed Rider and governed by the terms and conditions of the DHCD Guidelines. All restrictions shall be for perpetuity or the longest period allowed by law. No certificate of occupancy shall be issued until the applicant has provided proof of recording of the restriction in the Registry of Deeds to the Planning Board and the Building Inspector. Local preference for affordable dwelling units shall be provided to the extent allowed by DHCD Guidelines.

It shall be a condition upon every special permit issued under this § 235-6.6.1 that the applicant shall comply with any DHCD regulations under Chapter 40B of the Massachusetts General Laws and the DHCD Guidelines for qualification of the dwelling units created under this Subsection S towards the Town's subsidized housing inventory, including but not limited to the form of the affordable dwelling restriction and regulations concerning tenant selection and marketing, unit design standards, and income eligibility standards and maximum rent or sale price.

Parking areas for 10 or more cars, outdoor storage areas, loading facilities, or similar service areas shall be separated from the Route 6 right-of-way by at least 35 feet, from all property lines in the Central District by at least three feet, and from all other property lines by at least 10 feet.

Alternatively, separation from Route 6 may be reduced to 20 feet and separation from all other property lines may be reduced to five feet, provided that not less than 20% of lot area is maintained with vegetative cover.

Yards between parking, storage, loading, and service areas and property lines, including those bordering Route 6, shall be vegetated (excepting drives, walks, tidal flats, etc.), through retention of existing plants and trees, or, where this is impossible, planted with native species, and must include trees (two feet in caliper) sufficient in number that, if evenly spaced (which they need not be) their crowns would approximately meet each other at maturity. Brush or shrubbery must initially be essentially continuous to three feet or more in height, with mature height of at least four feet, except where that interferes with driver visibility. In the Central District, a combination of fencing and landscaping may be used where continuity of vegetation is inappropriate or impossible.

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

Eliminate new hazards to emergency response officials;

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

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

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

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

Adaptation to climate change to satisfy the public interest and natural floodplain functions.

Conservation of watercourses, plants and wildlife.

Outdoor recreation, including play areas, nature study, boating, fishing including shellfishing and marine aquaculture, and hunting where otherwise legally permitted, temporary structures relating to carnivals and recreational activities.

Grazing, farming, agriculture and the harvesting of crops.

Temporary nonresidential structures used in connection with fishing, shellfishing, aquaculture, harvesting, storage or sale of products raised on the premises.

Dwellings, signs and parking lots lawfully existing prior to the adoption of these provisions.

Utility lines and facilities, and sewerage pipes installed according to plans approved by the Board of Health, the Conservation Commission and the Plumbing Inspector.

Boardwalks, wooden stairways, snow fences.

Non-commercial signs (as permitted in the residential districts, § 235-7.2 of the Wellfleet Zoning Bylaw), provided such uses do not affect the natural flow of any watercourse.

A determination that the granting of an exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Compliance in all respects with sections of the State Building Code (780 CMR) which address floodplain and coastal high hazard areas.

Approval of the Wellfleet Conservation Commission in accordance with MGL c. 131, § 40, the Wetlands Protection Act, and with the Town of Wellfleet's Environmental Protection Bylaw.[1]

Adjacent communities.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600-700

Boston, MA 02114-2104

NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

A plan showing location of the property, the proposed driveway, and the intersection of the driveway with the way;

Specific details of drainage when required;

Specific provisions to minimize slope or soil erosion if necessary;

Such other identifying information that may be requested by the DPW.

No communication structure, building or appurtenance shall be installed within the Wellfleet Harbor Area of Critical Environmental Concern (ACEC). Complete designation documents are available upon request and full-size boundary maps drawn on USGS topographic quad sheets may be viewed by appointment at the ACEC Program office, Department of Environmental Management (DEM), 100 Cambridge Street, Room 1404, Boston, MA 02202. Boundaries of ACECs have been digitized and are available at the EOEA Data Center, 20 Somerset Street, 3rd floor, Boston, MA 02108 (617-727-3888).

Setbacks. The minimum distance from the perimeter of the communication structure to any property line shall be the height of the structure including any antennas or appurtenances plus 10 feet. The minimum distance from any guy wire, anchor or brace to any property line shall be the length of the guy wire or brace plus 10 feet. The setbacks for a communication building shall comply with the setback requirements of the zoning district.

Parking. Provisions for parking shall be in accordance with § 235-6.3A of this Zoning Bylaw.

Safety. Communication structure, buildings and appurtenances shall be installed, maintained and operated in accordance with applicable federal, state and local codes, standards and regulations and shall be designed to withstand sustained winds and gusts of a Category 5 hurricane. If FAA or FCC regulations are changed then the owner or operator shall bring the structure, building and appurtenances into compliance with the new regulations within six months of the effective date of such regulations or earlier if a more stringent compliance schedule is included in the regulation. Failure to comply with any new regulations shall be grounds for removal of non-complying structures, buildings and appurtenances at the owner's expense.

Removal. An applicant and the landowner, if different from the applicant, must execute a covenant (or post a bond as set forth below) with the Planning Board agreeing to remove, within six months, all communication structures, buildings or appurtenances that have not been operated for four consecutive months unless the reason for non-operation is the result of major damage. In the event of major damage, the repair or removal of the structure, building or appurtenance must begin within six months of the damage date and must be completed within 12 months of the damage date. Failure to comply with the covenant shall be grounds for the removal of structures, buildings and appurtenances at the owner's expense. For the purpose of this paragraph, "major damage" shall mean damage to the communication structure or building caused through no fault of the owner or operator which prevents the owner or operator from using the equipment located thereon or therein. The applicant may as an alternative post a bond with the Treasurer of the Town of Wellfleet in an amount approved by the Planning Board and by an insurer approved by the Planning Board to cover the estimated costs of removal. If the applicant fails to remove the structure and/or buildings in accordance with the provisions of this paragraph, then the Town may use the bond to remove the structure and/or building and the balance of the funds, if any, will be returned to the applicant.

Fencing. Fencing shall be provided to control access to the site of the communication structure and building and shall be consistent with the character of abutting properties. Fencing is not required for antennas or other appurtenances mounted on a preexisting structure.

Lighting. Communication structures and appurtenances shall be lighted only if required by the FAA. Lighting of communication buildings and the site shall be limited to lighting required to provide safe access and shall be shielded from abutting properties.

Signs. There shall be no signs except a sign identifying the facility and a telephone number where the owner or operator can be reached on a twenty-four-hour basis; a no-trespassing sign; and any signs required to warn of danger. All signs shall comply with the requirements of this bylaw.

Visual. The installation of a communication structure, building or appurtenance shall be designed to minimize visual impact; the maximum amount of natural vegetation shall be preserved; details of construction and finish shall blend with the surroundings; additional vegetative screening shall be employed where practical and particularly to screen abutting residential property whether developed or not.

Regional criteria. Siting, to the extent it does not conflict with provisions of this bylaw, shall be consistent with regional criteria established by the Cape Cod Commission.

Environmental.

Siting standards. In addition to the other requirements of this bylaw the applicant must comply with the following standards:

Pre-application consultation. At least 30 days before submitting an application for a special permit for the installation of a communication structure, building or appurtenance, the applicant shall consult with the Planning Board. The purpose of the consultation is to facilitate the permitting of communication structures, buildings and appurtenances by the exchanges of information between the applicant and the Planning Board in order to clarify and resolve concerns of the Board and to minimize potential problems with the application. The applicant shall submit the following written information to the Planning Board:

Application submittal requirements. All written information submitted in accordance with § 235-6.18B(15) and (16) shall be certified by an appropriate licensed professional.

Applications for siting on public land or on a preexisting structure. If a communication structure, building or appurtenance is to be installed on a preexisting private structure or on land or a structure owned, prior to the effective date of this bylaw, by the federal government or the Commonwealth of Massachusetts, or on land or a structure owned by the Town of Wellfleet, the applicant shall submit the following written information to the Planning Board:

For all applications other than those set forth in § 235-6.18B(15), the applicant shall submit the following written information to the Planning Board:

The Planning Board may also refer applications to the Board of Health and the Conservation Commission for review. Applications that propose the use of a site on National Park Service property shall also be sent to the Superintendent of the Cape Cod National Seashore.

Completeness. The Planning Board shall not approve any application that does not comply with all the requirements of this bylaw.

It is the purpose of this Adult Entertainment Bylaw to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of cities and towns, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in cities and towns. All of said secondary impacts are adverse to the health, safety, and general welfare of the Town of Wellfleet and its inhabitants.

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. Similarly, it is not the purpose or intent of this bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States or of the Commonwealth of Massachusetts, 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. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials.

Adult bookstores, as defined by MGL c. 40A, § 9A (see § 235-2.1).

Adult motion picture theatre, as defined by MGL c. 40A, § 9A (see § 235-2.1).

Adult paraphernalia store, as defined by MGL c. 40A, § 9A (see § 235-2.1).

Adult video store, as defined by MGL c. 40A, § 9A (see § 235-2.1).

Any establishment which, to a substantial extent, or as a principal use, displays live nudity for its patrons, with the term "nudity" as defined in MGL c. 272, § 31.

The application for a special permit for an adult entertainment use shall provide the name, address, and telephone number of the legal owner and all principal investors of the establishment, the legal owner and all principal investors of the property, and the manager of the proposed establishment.

No adult entertainment use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28. The applicant shall be responsible for all related costs for record check processing.

Location.

No part of any structure that contains an adult entertainment use shall be closer than 50 feet to any lot line, nor shall any adult use be permitted on any parcel containing less than 50,000 square feet of lot area or 150 feet of frontage, irrespective of the minimum lot and setback requirements contained in § 235-5.4, Intensity of Use Schedule.

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.

No adult entertainment use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials, to the general public on the exterior of the building or on the interior where the same may be seen through any openings in walls or roofing, doorways, or glass or other like transparent material, any sexually explicit figures or words as defined in MGL c. 272, § 31.

No adult entertainment 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.

The proposed adult entertainment use shall comply with the off-street parking requirements set forth in this bylaw.

No adult entertainment use shall have any flashing lights or neon signs visible from outside the establishment.

No adult entertainment use shall have a freestanding accessory sign or off-premise sign.

No adult entertainment use shall be established prior to submission and approval of a site plan by the Zoning Board of Appeals, pursuant to Article VI, § 235-6.3B. The site plan shall, at the minimum, depict all existing and proposed buildings, parking spaces, driveways, service areas, and other open uses. The site plan shall show the distances between the proposed adult entertainment use and the boundary of the nearest R1 and R2 residential zoning district and the nearest property line of each of the uses set forth in § 235-6.20D(3) above.

No adult entertainment establishment shall employ any person or persons who would be excluded as a permit holder under this bylaw.

Accessory dwelling units are allowed either as a detached building, or as a separate dwelling unit within or attached to a dwelling, a building used for a principal use; or within or attached to any accessory building, as defined in § 235-2.1, Definitions, of the Wellfleet Zoning Bylaws.

Individual accessory dwelling units shall be no larger than 1,200 square feet of livable floor area as that term is defined in § 235-2.1, Definitions, of the Wellfleet Zoning Bylaws.

In order to maintain its status as an accessory use to the principal use on the same lot, the ADU must be held in the same ownership as the principal use.

The rights and requirements of this bylaw and/or special permit, as they apply to each ADU, shall run with the land upon any transfer of ownership of a property containing an accessory dwelling unit built under the provisions of this bylaw.

A property owner may choose to cease to use an accessory dwelling unit by formally reporting its change in use to the agent designated by the Town Administrator to administer and monitor such units and altering it to meet the requirements of a permitted use. The agent will then register this change in use with the Building Commissioner, the Health Agent and the Town Assessor.

The property owner shall apply for a building permit and/or certificate of occupancy for each ADU. The Health Department shall also review and inspect each ADU for compliance with the Health Code prior to the issuance of a certificate of occupancy. The Fire Department shall also inspect for working carbon monoxide detectors.

Prior to the issuance of a certificate of occupancy, each ADU shall be registered with the agent designated by the Town Administrator who will administer and monitor such units, maintain a current record of such units and register them with the Town's Assessor, Building Department, and Health Department.

To allow by right and regulate the conduct of a home occupation as an accessory use;

To allow residents to utilize their homes as a work place and a source of livelihood under certain circumstances and conditions;

To ensure home occupations are compatible with the neighborhoods in which they are located; and

To protect neighborhoods from adverse impacts of activities associated with home occupations.

No more than two non-family members shall be employed in the home occupation.

There shall be no exterior sign or other display except as permitted under Article VII, Signs, and no exterior indication of the home occupation which detracts from or is in conflict with the neighborhood character.

No offensive effect of the home occupation shall be perceptible off-premises, including but not limited to noises, vibration, smoke, dust, odor, heat, glare, fire hazard, electrical disturbance or interference with communication devices or other hazard or nuisance.

The floor area in use by the home occupation shall not exceed 25% of the total floor area of the principal and any accessory buildings.

No exterior storage of home occupation related materials or equipment is permitted on the home occupation premises unless screened, if necessary, from abutters and street by a stockade-type fence six feet in height. However, equipment as noted in Subsection B(9) and (10) is exempt from screening, as well as any boats, vehicles, trailers or accessory structures.

Exterior storage of home-occupation-related materials or equipment shall not exceed 30% of the lot area for aquaculture, shellfishing, and fishing home occupations, and shall not exceed 15% of the lot area for all other home occupations.

The onsite sale of consumer goods shall be prohibited except for the sale of products or goods produced, fabricated or refurbished on the premises as a result of the home occupation.

The physical presence of the public and the regular physical presence of non-family member employees shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Sunday from Memorial Day through Labor Day, and between 7:00 a.m. and 8:00 p.m. Monday through Saturday at all other times.

Traffic generated by the home occupation shall not significantly increase the volume of traffic in the neighborhood so as to create any traffic hazard, nuisance, or congestion. Any need for parking generated by the conduct of the home occupation shall be met off the street. Long-term parking (more than six hours) shall be limited to two vehicles, excluding the resident family's personal household vehicle(s).

No more than two motor vehicles (as that term is defined by MGL c. 90, § 1, but containing no more than six wheels), and no more than two trailers (as that term is defined by MGL c. 90, § 1, but not exceeding 16 feet in length), used exclusively in the home occupation, may be kept on the premises.

There shall be no disposal of toxic or hazardous materials on the home occupation premises.

To allow by special permit and regulate the conduct of service trade home businesses (STHBs) as an accessory use;

To allow residents to utilize their homes as a work place and a source of livelihood under certain circumstances and conditions;

To ensure STHBs are compatible with the neighborhoods in which they are located; and

To protect neighborhoods from adverse impacts of activities associated with STHBs.

No more than three non-family members may report to the STHB premises for regular work;

No exterior storage of STHB-related materials or equipment is permitted on the STHB premises unless concealed from view of abutters and street by a fence or suitable plantings of evergreen or deciduous shrubs and trees;

Exterior storage of STHB-related materials or equipment shall not exceed 30% of the lot area;

No more than two motor vehicles (as that term is defined by MGL c. 90, § 1, but containing no more than six wheels), and no more than two trailers (as that term is defined by MGL c. 90, § 1, but not exceeding 16 feet in length), used exclusively in the STHB, may be kept on the premises;

There shall be no exterior sign or other display except as permitted under Article VII, Signs, and no exterior indication of the STHB which detracts from or is in conflict with the neighborhood character;

No offensive effect of the STHB shall be perceptible off-premises, including but not limited to noises, vibration, smoke, dust, odor, heat, glare, fire hazard, electrical disturbance or interference with communication devices or other hazard or nuisance;

The floor area in use by the STHB shall not exceed 30% of the total floor area of the principal and any accessory buildings;

Traffic generated by the STHB shall not significantly increase the volume of traffic in the neighborhood so as to create any traffic hazard, nuisance, or congestion. Any need for parking generated by the conduct of the STHB shall be met off the street. Long-term parking (more than six hours) shall be limited to three vehicles, excluding the resident family's personal household vehicle(s);

The physical presence of the public and the regular physical presence of non-family member employees shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Sunday from Memorial Day through Labor Day, and between 7:00 a.m. and 8:00 p.m. Monday through Saturday at all other times; and

There shall be no disposal of toxic or hazardous materials on STHB premises.

The purpose of the National Seashore Park District special permit is to review proposed structures and alterations to existing structures to ensure protection of the legitimate interests of the adjoining property owners; to encourage construction that is sensitive to the scale, size and massing of buildings; to protect continued public visual access to ponds, rivers, marshes, the ocean and the bay; to provide additional means of addressing environmental needs and concerns of the Town; and to recommend alternatives so that development or redevelopment minimizes the impact on abutting land, the neighborhoods and the community at large.

Further, the purpose of the National Seashore Park District special permit is to ensure that the National Seashore Park District objectives found in § 235-3.2 of this bylaw are adhered to and that the proposed building changes are not detrimental to these objectives; and are compatible with these objectives.

Exceed the maximum National Seashore Park gross floor area (NSPGFA) listed in § 235-5.4D of this bylaw; or

Otherwise increase the nonconforming nature of the structure, within the standards of § 235-6.1E of this bylaw.

Nothing in § 235-6.24 shall be construed as authorizing the issuance of a special permit which exceeds the limitations set forth in Footnote 1 of § 235-5.4D.

The landscape shall be preserved in its natural state insofar as practical. The Board shall encourage the applicant to avoid grade changes and the removal of native vegetation and soil. Any grading or earth-moving shall be planned and executed in such a manner, and retain to the extent practicable final contours consistent with existing terrain both on and adjacent to the site.

Proposed buildings and foundations shall, to the extent practicable, minimize alteration on steep slopes, floodplains, hilltops, dunes, coastal banks, scenic views and wetlands to preserve the integrity and scenic qualities of natural features whenever possible. Proposed developments shall take into account and, to the extent practicable, minimize obstruction of water views and other scenic views from publicly accessible locations.

Proposed developments shall preserve and protect unusual or rare natural and/or historical features. Development and redevelopment shall not interfere with legal access. Proposed developments should minimize obstruction of water views and other scenic views from publicly accessible locations. Electric, telephone, cable and other utility lines shall be installed underground unless the Board determines that the benefits to be achieved are outweighed by costs or other factors.

The protection of unusual or significant environmental resources including protection and maintenance of groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies is critical and shall be evaluated. All runoff shall be recharged on site based on a calculated twenty-five-year storm. Stormwater infiltration systems shall be designed so that run-off shall not be increased, groundwater recharge is maximized, pollution impacts are minimized and neighboring properties will not be adversely affected.

Lighting must be consistent with General Bylaws of the Town of Wellfleet. There shall be protection of adjacent properties and the night sky from intrusive lighting. Consideration should be given to the placement of decks and patios and their potential for noise pollution and its adverse impact on adjacent properties.

In addition to § 235-5.4D NSPGFA (National Seashore Park gross floor area), the Board shall consider the Cape Cod National Seashore's 50% Use Guideline. Proposed development shall not exceed the 50% formula unless the Board finds that the development shall not have a significant adverse impact on the scenic views and on the prevailing scale, mass and character of the neighborhood and zoning district. The Cape Cod National Seashore's 50% expansion guideline is based on "the livable area of the single-family residence that existed as of September 1, 1959" and allows for 50% expansion to the single-family dwelling; and of this expansion total sum another 50% is allowed for use on an accessory structure(s). For example, 1,000 square feet of single-family dwelling living space as of September 1, 1959 is expandable to 1,500 square feet, and of this total sum another 750 square feet is allowable for an accessory building.

The applicant shall be the WF operator, if one exists, and the Town of Wellfleet as the landowner.

Special permits.

The maximum allowable tip height shall be no greater than 400 feet.

Minimum setback distance for a WT from the applicant's property line shall be at least equal to the maximum tip height. Setbacks will be measured to the center of the tower base. The setback from an applicant's lot line may be reduced with the written permission or granting of an easement to the Town by the abutting property owner(s) and the SPGA. Setbacks for facilities other than the tower will conform with Wellfleet Zoning Bylaws. The SPGA may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

Color and finish. The SPGA shall approve the WT color, although a neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged.

Lighting. WT(s) shall be lighted only if, and only to the extent, required by the Federal Aviation Administration. Lighting of the other parts of the WF, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be designed to minimize glare, and otherwise shielded and down cast to reduce light pollution.

Signs. Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to:

Utility connections. Reasonable efforts shall be made to locate utility connections from the wind facility 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.

Appurtenant structures. All appurtenant structures to such wind facilities shall be subject to reasonable regulations concerning the bulk and height of structures, 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 and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever feasible, structures should be shaded from view by vegetation and/or clustered to avoid adverse visual impacts.

Emergency services. The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the SPGA. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan.

Unauthorized access. WTs and other structures part of the WF shall be designed to prevent unauthorized access.

Shadow/flicker. A shadow and flicker analysis performed by an independent qualified engineer in order to determine the degree and effect of potential shadow and flicker upon abutting dwellings.

The wind facility and associated equipment shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the SPGA agree that those provisions shall not be applicable.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations and ordinances.

Facility maintenance. The wind facility shall be maintained in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security and safety measures. Site access and control shall be maintained to an acceptable level. The recipient of the special permit shall be responsible for the cost of maintaining the wind facility and any access road(s) and the cost of repairing any damage occurring as a result of operation and construction.

Modifications. All modifications to a wind facility made after issuance of the special permit shall require approval by the SPGA as provided in this section.

Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored, if a natural site to a state of reasonable conditions to revert back to its pre-construction natural state, or if a previously developed site a state similar to its prior state. More specifically, decommissioning shall consist of:

Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the SPGA. The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the owner/operator fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility.

Financial surety. The SPGA may require the applicant to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the facility, of an amount and form determined to be reasonable by the SPGA, but in no event to exceed 125% of the cost of removal and compliance with the additional requirements set forth herein. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost-of-living adjustment.

All applications shall be filed with the Wellfleet Town Clerk along with 10 copies and the required fee. Pursuant to MGL c. 44, § 53G, the SPGA shall have the authority to require that the applicant pay for necessary professional services reasonably required to review and to analyze adequately the contents of any site plan or related impact study.

Upon receipt of the application by the Wellfleet Town Clerk, the SPGA shall hold an advertised public hearing within 65 days. Said advertisement shall appear in a local newspaper of general publication no less than 14 days prior to the scheduled public hearing. It shall be the responsibility of the SPGA to notify abutters and abutters to abutters within 300 feet via first class mail, with said mailing to take place no less than 14 days prior to the scheduled public hearing.

All applications submitted under this section for final review shall include:

The SPGA shall have the right, upon good cause, to waive all or any part of the above site plan content requirements, such waiver to occur within a duly noticed public meeting or public hearing.

A special permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the SPGA upon satisfactory operation of the wind facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the SPGA acts. At the end of that period (including extensions and renewals), the WF shall be removed as required by this section.

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

The Planning Board is hereby designated the special permit granting authority for all affordable dwelling development applications under this bylaw and shall have the power to hear and decide applications for special permits and to adopt regulations for carrying out its duties under this bylaw.

For the purpose of promoting the development of affordable dwellings in Wellfleet, the Planning Board may by special permit allow the creation of affordable dwellings in residential and commercial zoning districts consistent with § 235-5.3A of the Zoning Bylaws. All affordable dwellings created shall be for the primary and sole domicile of the eligible tenant or owner for year-round occupancy.

The Planning Board shall have the discretion to reduce the off-street parking requirements otherwise applicable under § 235-6.3A where:

The second unit created, and at a minimum, every fourth unit created thereafter, shall be deed restricted as permanently affordable units, per the applicable standards in Section 6.26.6 below.

An affordable dwelling unit must have the following minimum areas:

The affordable dwelling development must conform to all other requirements of the Zoning Bylaw. In the event that a provision of § 235-6.26 conflicts with another provision of the bylaw, the provisions of § 235-6.26 shall control.

At least 25% of all dwelling units created under this bylaw shall be restricted as provided for under Section 6.26.6;

At least 25% of the total number of bedrooms within any affordable dwelling development shall be within said restricted dwelling units;

The applicant has conformed to the standards and criteria of this bylaw and will deliver the needed affordable dwelling units;

The proposed development is suitable for the proposed location, with proportions, orientation, materials, landscaping and other features that provide a stable and desirable character complementary and integral with the site's natural features;

The development, density increase or relaxation of zoning standards has no material, detrimental effect on the character of the neighborhood or Town and is consistent with the performance standards in § 235-8.4B of the Wellfleet Zoning Bylaws.

The Planning Board shall have discretion to reduce or suspend the minimum area and frontage requirements otherwise applicable under § 235-5.4A of the Wellfleet Zoning Bylaws for an affordable dwelling development; provided, however, that there must be at least 10,000 square feet of lot area for each bedroom created in an affordable dwelling development.

Where an applicant proposes to divide the tract of land that is the locus of a proposed affordable dwelling development, the minimum lot size shall be 20,000 square feet for each affordable unit. All other units included in the development shall comply with lot area requirements in § 235-5.4A of this Zoning Bylaw.

The Planning Board may, in its sole discretion, reduce the front, side or rear yard setback requirements of § 235-5.4B; provided, however, that said setbacks shall be no less than 10 feet.

In the case of a subdivided lot, the Planning Board shall have discretion to reduce or suspend the minimum road width for access and frontage may be created through the establishment of a common driveway deemed to provide safe and adequate access.

The Planning Board shall have the discretion to permit a density of less than 10,000 square feet for each bedroom if the applicant can demonstrate to the satisfaction of the Planning Board and the Board of Health that the sewage disposal system servicing the development will result in nitrogen loading of less than 10 parts per million.

The Restriction shall provide that units made available for ownership or rental shall be made available to households earning up to 100% of the area median income (AMI), adjusted for household size.

Any lot containing an affordable dwelling shall be subject to a recorded affordable housing deed restriction that shall restrict the lot owner's ability to convey or rent the affordable dwelling for the term of the restriction to an income-qualified individual or family in accordance with this section.

It shall be a condition upon every special permit issued under this bylaw that the applicant shall comply with any Massachusetts Department of Housing and Community Development ("DHCD") regulations under Chapter 40B of the Massachusetts General Laws and guidelines for qualification of the dwelling units created under this bylaw towards the Town's subsidized housing inventory, including but not limited to the form of the affordable housing deed restriction and regulations concerning tenant selection and marketing, unit design standards, and income eligibility standards and maximum rent or sale price.

In the event that a dwelling unit subject to a restriction created under this bylaw becomes vacant, the owner shall give written notice to the Wellfleet Housing Authority. It is the intent of this bylaw that a local preference shall be used in filling vacancies to the extent permitted by DHCD regulations and guidelines and state or federal laws.

An affordable dwelling available for ownership or rental shall be sold or rented to households earning up to 100% of the area median income (AMI), adjusted for household size. Property owners are required to submit to the Town or its agent information necessary to ensure that affordable dwelling units are occupied by income-eligible purchasers or tenants so as to ensure that the affordable dwelling units remain on the DHCD's Subsidized Housing Inventory.

This section shall not prevent a lot owner from building an affordable dwelling that meets the requirements of this bylaw and from transferring such dwelling and lot to an income-eligible immediate family member (sibling, parent or child) by gift or inheritance, provided that the restriction required by Section 6.26.6 is properly recorded prior to issuance of a building permit.

Penalty. Failure to comply with any provision of this section may result in fines established in § 235-8.3 of the Wellfleet Zoning Bylaws.

This bylaw shall apply to lots of record as of January 1, 2022, as recorded in a deed or plan on file with the Barnstable County Registry of Deeds or Land Court, regardless of whether the lot is held in common ownership with an adjoining lot, which do not meet the minimum lot size and yard requirements for the zoning district as determined by the Building Commissioner.

Any Dwellings created under this bylaw shall be designated as low or moderate income units, subject to an affordable housing deed restriction and Regulatory Agreement in accordance with MGL c. 40B, §§ 20-23, 760 CMR 56.00 the Local Initiative Program (LIP) and shall meet the guidelines and standards promulgated thereunder by the Department of Housing and Community Development (DHCD) for inclusion in the DHCD Subsidized Housing Inventory as Local Action Units. For purposes of this bylaw, "affordable" shall mean that the units are available for ownership or rental to households earning at or below 80% of the Barnstable County Area Median Income, adjusted for household size and shall remain affordable in perpetuity or for the longest period allowed by law.

Parcel is not within the National Park District.

Parcel, at time of application, is not improved with any existing dwelling unit.

Parcel contains at least 10,000 square feet of contiguous upland area.

Parcel satisfies applicable Board of Health requirements.

Parcel satisfies applicable Town of Wellfleet's Conservation Commission Environmental Protection Regulations.

Parcel has a minimum of 20 feet of frontage on a way previously approved by the Planning Board under the Subdivision Control Law or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic. Lots without a minimum of 20 feet of frontage on a way may be permitted under this section if there is an adequate recorded access easement of at least 20 feet in width from the lot to a way previously approved by the Planning Board under the Subdivision Control Law or a public way, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic and emergency response apparatus.

The building setbacks shall not be less than 15 feet. If a dwelling is built within 25 feet of any other dwelling or principal structure a stockage type fence at least six feet in height shall be required by the Permit Granting Authority.

An applicant under this section shall submit a site plan that depicts the dimensions and setbacks of the subject Parcel, and the existing setbacks of principal structures on the lots immediately adjacent to the subject lot must be shown on the plans.

A Parcel shall not be built upon if the Parcel was purposely created, subject to a deed restriction or designated as an unbuildable lot as part of a subdivision open space or park, or by any other condition or agreement with the Town.

No part of any access driveway may be within 15 feet of a principal structure on an adjoining lot.

The Applicant must submit a Regulatory Agreement and Affordable Housing Deed Restriction, to be approved as to form by Town Counsel, that restricts the use of the dwelling unit to low- or moderate-income housing in perpetuity, or the maximum time period allowed by law. Said Regulatory Agreement shall include an Affirmative Fair Marketing Plan that complies with DHCD's requirements for the selection of income-eligible tenants/occupants and shall identify a Monitoring Agent who shall be responsible for ensuring that any re-sales of units created under this bylaw shall be made to income-eligible purchasers and comply with the Affirmative Fair Marketing Plan and Affordable Housing Deed Rider. The Applicant shall work with the Town to provide any information necessary to ensure that units created under this bylaw are eligible for inclusion on the Subsidized Housing Inventory maintained by the DHCD as Local Action Units. No building permit shall be issued until the Regulatory Agreement and Affordable Housing Deed Rider has been approved by Town Counsel, executed by all parties, and recorded at the Registry of Deeds and proof of such recording has been furnished to the Building Commissioner.

Transfer or Lease. A lot developed with a One Family Dwelling under this section shall be transferred or leased at such affordable re-sale price or rent set forth in the Regulatory Agreement.

Monitoring Agent. The Affordable Housing Deed Restriction shall identify a Monitoring Agent who shall ensure compliance with said deed restriction. The Wellfleet Housing Authority may serve as Monitoring Agent.

The Board finds that such a reduction in minimum lot requirement would further the purposes of the bylaw without causing any undue nuisance, hazard or congestion in the Town or neighborhood.

All criteria outlined in Section 6.27.3, except the minimum lot size may be less than 10,000 square feet of upland. The Special Permit Granting Authority may impose reasonable conditions and restrictions on the special permit that, in the opinion of the Zoning Board of Appeals, are necessary or appropriate to carry out the intent and purposes of the bylaw and protect the health, safety, convenience, and general welfare of the inhabitants of the Town.

Helping people who, because of rising land prices, have been unable to obtain suitable housing at an affordable price; and

Encouraging the creation of a range of housing opportunities for households of all incomes, ages, and sizes in order to support a strong, stable, and diverse year-round community and a viable and healthy local workforce and to prevent the displacement of Wellfleet residents:

Mitigating the negative impact of residential development on the availability and cost of housing:

Protecting the long-term affordability of such housing through appropriate, enforceable restrictions that run with the land; and

Creating dwelling units eligible for inclusion on the Town's Chapter 40B Subsidized Housing Inventory as maintained by the Department of Housing and Community Development (DHCD).

Development of three to six new dwelling units shall require the granting of a special permit by the Zoning Board of Appeals per § 235-8.4.2 and a Payment in Lieu of providing the required number of affordable units to be made to the Wellfleet Affordable Housing Trust Fund to fulfill the affordable housing requirement.

Development of seven or more new dwelling units shall require the granting of a special permit by the Zoning Board of Appeals per § 235-8.4.2 and at least 1/6 (16.67%) of the new units created shall be established as affordable housing units, which shall be rounded up to the nearest whole number and shall be made a condition of a special permit, in any one or combination of methods provided for below:

Affordable housing units created in accordance with this bylaw shall have a deed restriction and Regulatory Agreement to regulate the future re-sale or rental of the unit and that requires the units to remain income restricted in perpetuity or the longest period allowed by law. Said deed restriction and Regulatory Agreement shall be consistent with the forms used in the Local Initiative Program and Regulatory Agreement approved by DHCD. The Regulatory Agreement shall be prepared in a form acceptable to Town Counsel by the Applicant and submitted for review and approval. The Regulatory Agreement will be executed by the Applicant, the Town of Wellfleet and DHCD and shall be recorded with the Barnstable County Registry of Deeds; or/and

The applicant shall be responsible for preparing and submitting any documentation that may be required to receive Local Action Unit approval from DHCD and to qualify the affordable housing units for listing on the SHI. The applicant shall also be responsible for providing annual compliance monitoring and certification to the Town or its monitoring agent and to pay for the costs of the Town for providing such compliance monitoring.

No building permit shall be issued for any units in the development until the Zoning Board of Appeals receives evidence that the Affordable Housing deed restriction has been approved by DHCD or by Town Counsel.

No certificate of occupancy shall be issued for any units in the development until the Building Commissioner receives evidence that the affordable housing deed restriction has been executed and recorded at the Barnstable County Registry of Deeds or that the Payment in Lieu has been made in accordance with this bylaw or as modified by the special permit conditions.

Affordable housing units shall be integrated with the rest of the development or with the off-site location and shall be comparable to and indistinguishable from market rate units in exterior design, including appearance, construction and quality of materials, and in energy efficiency.

The number of bedrooms in each affordable housing unit shall be made a part of the special permit and shall be based on local need as determined by the Zoning Board of Appeals in consultation with the Wellfleet Housing Authority.

Owners and tenants of on-site affordable housing units and market rate units shall have the same rights and privileges to access and use any of the development's amenities and facilities.

The development of affordable housing units shall take place at the same rate and timeframe as the development of market rate units.

All affordable housing units created under this bylaw shall be occupied by income-eligible purchasers or tenants. No affordable housing unit created under this bylaw shall be used as a Short-Term Rental, as such term is defined by General Laws Chapter 64G.