It is the purpose of this § 350-20
to establish Sustainable Growth Overlay Districts (SG) and to encourage
smart growth in accordance with the purposes of MGL c. 40R, and to
foster a range of housing opportunities along with a mixed-use development
component, to be proposed in a distinctive and attractive site development
program that promotes compact design, preservation of open space,
and a variety of transportation options. Other objectives of this
§ 350-20 are to:
A.
Promote the public health, safety, and welfare by
encouraging diversity of housing opportunities;
B.
Provide for a full range of housing choices for households
of all incomes, ages, and sizes in order to meet the goal of preserving
municipal character and diversity;
C.
Increase the production of a range of housing units
to meet existing and anticipated housing needs;
D.
Provide a mechanism by which residential development
can contribute directly to increasing the supply and diversity of
housing;
E.
Establish requirements, standards, and guidelines,
and ensure predictable, fair and cost-effective development review
and permitting;
F.
Establish development standards to allow context-sensitive
design and creative site planning; and
G.
Enable the City to receive zoning incentive payments
and/or density bonus payments in accordance with MGL c. 40R, 760 CMR
59.06, and MGL c. 40S, arising from the development of housing in
the SG District.
For purposes of this § 350-20, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this § 350-20.2, or as set forth in the rules and regulations of the Permit Approval Authority ("regulations"). To the extent that there is any conflict between the definitions set forth is this § 350-20.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of § 350-20.7E.
An Affordable Housing unit required to be rented to an Eligible
Household.
A multifamily-use development, townhouse development, or single-family development allowed under § 350-20.5 as-of-right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
For the purpose of this section, the term "Design Guidelines"
shall refer to and be subject to the requirements of the term "design
standards" as provided for under MGL c. 40R, § 10 and 760
CMR 59.04(1)(f).
For Village Hill Smart Growth Subdistricts A, B and C as defined in § 350-20.18, the document entitled "Design Guidelines: The Village at Hospital Hill," prepared for Hospital Hill Development, LLC, by Beals and Thomas, Inc., Southborough, MA, dated July 17, 2003, and revised July 2, 2004, containing 31 pages (the "Design Guidelines"), approved by the Massachusetts Department of Housing and Community Development (DHCD) on August 21, 2007, with pages one through 10 not applying to Projects in the SG District. Said Design Guidelines are applicable to all Projects within the SG District that are subject to Plan Approval by the Plan Approval Authority. A copy of the Design Guidelines is on file in the office of the City's Planning Board.
For all other Smart Growth Districts, the site plan design requirements are specified below in § 350-20.19.
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MGL c. 40R and 760 CMR 59.00.[1]
A residential structure containing four or more dwelling
units.
Standards and criteria which a Project in the SG District
must meet under the procedures established herein and in the Enabling
Laws.
For purposes of reviewing Project applications and issuing
decisions on development Projects within the SG District, the Planning
Board, consistent with MGL c. 40R and 760 CMR 59.00, shall be the
Plan Approval Authority (the "PAA"), and is authorized to approve
a site plan to implement a Project.
Active recreational uses, including but not limited to ballfields;
and passive recreational uses, including but not limited to walking
and bicycle paths. Amusements or motorized uses shall not be considered
eligible recreational uses.
A residential development containing only single-family homes.
A residential development with structures containing two
or three dwelling units.
The Zoning Ordinance of the City of Northampton.
[1]
Editor's Note: The definition of "live/work units or mixed
residential/commercial space," which immediately followed this definition,
was repealed 6-1-2017 by Ord. No. 17.250.
A.
Establishment. A Sustainable Growth Overlay District(s),
hereinafter referred to as an "SG District," is an overlay district
that may contain subdistricts and that is superimposed over an underlying
zoning district applicable to property shown on the map entitled "Sustainable
Growth Overlay District," dated concurrently with adoption of the
respective amendment (the "SG District Map"). This map is hereby made
a part of the Zoning Ordinance and is on file in the office of the
City Clerk. Subject to the requirements of the Enabling Laws, including
a corresponding preliminary determination of eligibility, letter of
approval and/or amended letter of approval, as applicable, by DHCD
for each such amendment, this map and the text of § 350-20
may be amended from time to time to add, expand, reduce, eliminate
or otherwise modify one or more Sustainable Growth Overlay Districts.
B.
Subdistricts. Subdistricts may be created within an
established Smart Growth District subject to approval by DHCD. Any
such subdistricts shall be shown on the Smart Growth Map.
C.
The regulations for use, dimension, and all other
provisions of the Zoning Ordinance governing the underlying zoning
district(s) shall remain in full force, except for those projects
undergoing development pursuant to § 350-20. Within the
boundaries of the SG District, a developer may elect either to develop
a project in accordance with the requirements of the smart growth
zoning or to develop a project in accordance with requirements of
the regulations for use, dimension, and all other provisions of the
Zoning Ordinance governing the underlying zoning districts.
In accordance with the provisions of MGL c.
40R and 760 CMR 59.00, an applicant for a Project located within the
SG District may seek Plan Approval in accordance with the requirements
of this § 350-20. In such case, notwithstanding anything
to the contrary in this Zoning Ordinance, such application shall not
be subject to any other provisions of this Zoning Ordinance, including
limitations upon the issuance of building permits for residential
uses related to a rate of development or phased growth limitation
or to a local moratorium on the issuance of such permits, or to building
permit or dwelling unit limitations.
The following uses are permitted as of right
in the SG District in all subdistricts, subject to plan approval,
except as specified below:
The PAA, as a condition of any Plan Approval, may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA, unless it receives written authorization to do otherwise by the Department, shall assure that each phase contains at least the minimum percentage of Affordable Housing units required under § 350-20.7B and the required number of Affordable Housing Units in the Project as a whole, as per § 350-20.7B. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the City until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project.
A.
Affirmative Fair Housing Marketing Plan (AFHMP). Prior to granting Plan Approval for housing within the SG District, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including individuals, households with children, households including individuals with disabilities, and persons 60 years and older. These documents in combination, to be submitted with an application for Plan Approval pursuant to § 350-20.12, below, shall include details about construction related to the provision, within the development, of units that are accessible to persons with disabilities. Unless approved otherwise in writing by DHCD, such AFHMP must comply with DHCD's Affirmative Fair Housing Marketing and Resident Selection Plan Guideline.
B.
Number of Affordable Housing units. Not less than
20% of housing units constructed in a Project shall be Affordable
Housing. For purposes of calculating the number of units of Affordable
Housing required within the SG District, any fractional unit shall
be deemed to constitute a whole unit.
C.
Requirements. Affordable Housing shall comply with
the following requirements:
(1)
For an Affordable Rental Unit, the monthly rent
payment, including utilities and parking, shall not exceed 30% of
the maximum monthly income permissible for an Eligible Household,
assuming a household size equal to the number of bedrooms in the unit
plus one, unless other affordable program rent limits approved by
DHCD shall apply.
(2)
For an Affordable Homeownership Unit the monthly
housing payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or homeowners'
association fees, insurance, and parking, shall not exceed 30% of
the maximum monthly income permissible for an Eligible Household,
assuming a household size equal to the number of bedrooms in the unit
plus one, unless other affordable homeownership program limits approved
by DHCD shall apply.
(3)
Affordable Housing required to be offered for
rent or sale shall be rented or sold to and occupied only by Eligible
Households.
D.
Design and construction. Units of Affordable Housing
shall be finished housing units. Units of Affordable Housing in a
Project shall be dispersed proportionately throughout the development
of which they are part, across all unit types, and be comparable in
initial construction quality and exterior design to other housing
units in the development. The total number of bedrooms in the Affordable
Housing shall, insofar as practicable, be proportionate to the total
number of bedrooms in all units in the development of which the Affordable
Housing is part.
E.
Affordable Housing Restriction. Each unit of Affordable
Housing shall be subject to an Affordable Housing Restriction, consistent
with the universal deed rider used in the Local Initiative Program,
760 CMR 45.00, which is recorded with the appropriate registry of
deeds or district registry of the Land Court and which contains the
following:
(1)
Specification of the term of the affordable
housing restriction which shall be no less than 30 years, but which
may, as a requirement of Plan Approval, be for a longer period of
time customarily allowed by law, unless such an extension would make
the development infeasible.
(2)
The name and address of an administering agency,
with a designation of its power to monitor and enforce the Affordable
Housing Restriction.
(3)
A description of the Affordable Homeownership
Unit, if any, by address and number of bedrooms; and a description
of the overall quantity and number of bedrooms and number of bedroom
types of Affordable Rental Units in a Project or portion of a Project
which are rental. Such restriction shall apply individually to the
specifically identified Affordable Homeownership Unit and shall apply
to a percentage of rental units of a rental Project without specific
unit identification.
(4)
Reference to a housing marketing and resident
selection plan, to which the Affordable Housing is subject, and which
includes an affirmative fair housing marketing program, including
public notice and a fair resident selection process. The housing marketing
and selection plan may provide for local preferences in resident selection
to the extent consistent with applicable law for the Affordable Housing
Units; the plan shall designate the household size appropriate for
a unit with respect to bedroom size and provide that the preference
for such unit shall be given to a household of the appropriate size.
(5)
A requirement that buyers or tenants will be
selected at the initial sale or initial rental and upon all subsequent
sales and rentals from a list of Eligible Households compiled in accordance
with the housing marketing and selection plan.
(6)
Reference to the formula pursuant to which the
maximum rent of a rental unit or the maximum resale price of a homeownership
will be set.
(7)
Designation of the priority of the Affordable
Housing Restriction over other mortgages and restrictions.
(8)
A requirement that only an Eligible Household
may reside in Affordable Housing and that notice of any lease or sublease
of any unit of Affordable Housing shall be given to the administering
agency.
(9)
Provision for effective monitoring and enforcement
of the terms and provisions of the Affordable Housing Restriction
by the administering agency.
(10)
Provision that the restriction on an Affordable
Homeownership Unit shall run in favor of the administering agency
and the municipality in a form approved by municipal counsel, and
shall limit initial sale and resale to and occupancy by an Eligible
Household.
(11)
Provision that the restriction on Affordable
Rental Units in a rental project or rental portion of a Project shall
run with the rental Project or rental portion of a Project and shall
run in favor of the administering agency and the municipality, in
a form approved by municipal counsel, and shall limit rental and occupancy
to an Eligible Household.
(12)
Provision that the owner(s) or manager(s) of
an Affordable Rental Unit(s) shall file an annual report to the administering
agency, in a form specified by that agency, certifying compliance
with the affordability provisions of this § 350-20 and containing
such other information as may be reasonably requested in order to
ensure affordability.
(13)
A requirement that residents in Affordable Housing
provide such information as the administering agency may reasonably
request in order to ensure affordability.
F.
Administering agency. An administering agency, which
may be the Northampton Housing Authority, or other qualified housing
entity (the "administering agency") shall be designated by the PAA
as the administering agency for all Projects in the SG District. In
a case where the administering agency cannot adequately carry out
its administrative duties, upon certification of this fact by the
PAA or by DHCD, such duties shall devolve to and thereafter be administered
by a qualified housing entity designated by the PAA or, in the absence
of such timely designation, by an entity designated by the DHCD. In
any event, such administering agency shall ensure the following both
prior to issuance of a certificate of occupancy for a Project within
the SG District and on a continuing basis thereafter, as the case
may be:
(1)
Prices of Affordable Homeownership Units are
properly computed; rental amounts of Affordable Rental Units are properly
computed.
(2)
Income eligibility of households applying for
Affordable Housing is properly and reliably determined.
(3)
The housing marketing and resident selection
plan conforms to all requirements and is properly administered.
(4)
Sales and rentals are made to Eligible Households
chosen in accordance with the housing marketing and resident selection
plan, with appropriate unit size for each household being properly
determined and proper preference being given.
(5)
Affordable Housing Restrictions meeting the
requirements of this section are recorded with the proper registry
of deeds.
G.
Housing marketing and selection plan. The housing
marketing and selection plan shall make provision for payment, by
an applicant, of reasonable costs to monitor and enforce compliance
with affordability requirements and to develop, advertise and maintain
the list of Eligible Households. An applicant may serve as its own
administering agency only with the written authorization of DHCD.
H.
Age restrictions. The SG District shall not include
the imposition of restrictions on age upon the entire district, but
the development of specific Projects within the district may be exclusively
for the elderly, persons with disabilities, or for assisted living,
provided that any such Project shall be in compliance with all applicable
fair housing laws and not less than 25% of the housing units in such
a restricted Project shall be restricted as Affordable Housing. All
Projects which include age-restricted residential units shall comply
with applicable federal, state and local fair housing laws and regulations.
I.
Computation. Prior to the granting of any Plan Approval
of a Project, the applicant must demonstrate, to the satisfaction
of the administering agency, that the method by which such affordable
rents or affordable purchase prices are computed shall be consistent
with state or federal guidelines for affordability applicable to Northampton.
Density shall be as described within each SG District below.
Signs shall conform with the requirements of § 350-7, effective as of December 1, 2006; provided, however, §§ 350-7.2C(3), (4), (5) and (6) shall not apply, and § 350-7.2Q shall not apply in the SG District to any sign advocating any candidacy or cause which is under consideration at a particular election.
Application for Plan Approval, or any phase
thereof, shall be made to the City Clerk and the PAA on forms provided
for that purpose, accompanied by the required fee. The PAA may adopt
specific rules governing paper and electronic application and the
number of copies. Such rules and regulations shall not take effect
until approved by the Department of Housing and Community Development
and filed with the City Clerk. The application for Plan Approval shall
be accompanied by a site plan, drawings and supporting documentation,
in a form specified by the PAA's rules and regulations, which shall
show, among other data, the following. Plans submitted shall be prepared
(and stamped) by a registered architect, landscape architect, or professional
engineer. Upon written request, the PAA may, at its discretion, waive
the submission by the applicant of any of the required information,
provided the applicant provides some written information on each of
the items below and explains why a waiver is appropriate.
A.
Locus plan;
B.
Site plan(s) at a scale of one inch equals 40 feet
(or greater) showing the following:
(1)
Name and address of the owner and the developer,
name of the Project, and date and scale of plans.
(2)
The location and boundaries of the lot, adjacent
streets or ways, the location and owners' names of all adjacent properties
and those within 300 feet of the property line, and all zoning district
boundaries.
(3)
Existing and proposed structures, including
setbacks from property lines, structure elevations, and all exterior
entrances and exits. Elevation plans of all exterior facades of proposed
structures are required for towers and strongly encouraged for other
structures.
(4)
Present and proposed use of the land and buildings.
(5)
Existing and proposed topography at two-foot
contour intervals, showing wetlands, streams, surface water bodies,
drainage swales, floodplains, and unique natural land features (For
intermediate projects, the permit granting authority may accept generalized
topography instead of requiring contour lines.).
(6)
Location of parking and loading areas, public
and private ways, driveways, walkways, access and egress points, including
proposed surfacing.
(7)
Location and description of all stormwater drainage
facilities (including stormwater detention facilities, water quality
structures, drainage calculations where applicable, and drainage easements),
public and private utilities, sewage disposal facilities, and water
supply.
(8)
Existing and proposed landscaping, including
trees and other plantings (including the size and type of plantings),
stone walls, buffers, screening, and fencing.
(9)
Location, dimensions, height, color, and illumination
of existing and proposed signs.
(10)
Provisions for refuse removal, with facilities
for screening of refuse when appropriate.
(11)
An erosion control plan and any other measures
taken to protect natural resources and water supplies.
(12)
A photometric plan.
C.
Estimated daily and peak-hour vehicle trips generated
by the proposed use, traffic patterns for vehicles and pedestrians
showing adequate access to and from the site, and adequate vehicular
and pedestrian circulation within the site. For nonresidential and
mixed-use Projects, at the request of the PAA, an applicant shall
prepare a traffic impact statement including the following information:
(1)
Traffic flow patterns at the site, including
entrances and egresses, loading and unloading areas, and curb cuts
on site and within 100 feet of the site.
(2)
A plan to minimize traffic safety impacts of
the proposed project through such means as physical design and layout
concepts, staggered employee work schedules, promoting use of public
transit or van or car-pooling, or other appropriate means. For new
commercial, office, and industrial buildings or uses over 10,000 square
feet, this plan shall evaluate alternative mitigation methods to reduce
traffic by 35%, including:
(a)
Public transit, van and car-pool incentive programs,
including parking facilities and weather-protected transit shelters;
(b)
Encouraging flexible hours and work weeks;
(c)
Encouraging pedestrian and bicycle access to
the site; and
(d)
Provision of integrated land uses, including
on-site services, retail, and housing.
(3)
A detailed assessment of the traffic safety impacts of the proposed Project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site for daily-hour and peak-hour traffic levels, road capacities, and impacts on intersections. Said assessment may be based on the proposed mitigation (in the plan required by Subsection B above).
(4)
An interior traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems.
(5)
Adequate pedestrian access, including provisions
for sidewalks to provide access to adjacent properties and between
individual businesses within a development.
E.
Project plans that demonstrate compliance with the design and construction requirements of § 350-20.7D.
G.
Other information as may be necessary to determine
compliance with the provisions of the SG District.
A.
Filing. An applicant for Plan Approval shall file
the required number of copies of the application form and the other
required submittals as set forth above and also file forthwith a copy
of the application form, including the date of filing with the City
Clerk.
B.
Hearing. The PAA shall hold a public hearing for which
notice has been given as provided in MGL c. 40A, § 11. The
decision of the PAA shall be made, and a written notice of the decision
filed with the City Clerk, within 120 days of the receipt of the application
by the City Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the City Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and site plan.
C.
Peer review. The applicant shall be required to pay
for reasonable consulting fees to provide peer review of the Plan
Approval application, pursuant to MGL c. 40R, § 11. Such
fees shall be held by the City in a separate account and used only
for expenses associated with the review of the application by outside
consultants, including, but not limited to, attorneys, engineers,
urban designers, architects, housing consultants, planners, and others.
Any surplus remaining after the completion of such review, including
any interest accrued, shall be returned to the applicant.
A.
Waivers. Upon the request of the applicant, the Plan Approval Authority may waive dimensional and other requirements of § 350-20, including the design standards of § 350-20.11, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SG District, or if it finds that such waiver will allow the Project to achieve the density, Affordability, mix of uses, and/or physical character allowable under this § 350-20.
B.
Plan Review. An application for Plan Approval shall
be reviewed for consistency with the purpose and intent of this § 350-20,
and such Plan Review and shall be construed as an as-of-right review
and approval process as required by and in accordance with the Enabling
Laws.
C.
Plan Approval. Plan Approval shall be granted, subject
to reasonable conditions, where the PAA finds by majority vote that:
(1)
The applicant has submitted the required fees
and information as set forth in the PAA regulations; and
(2)
The Project and site plan meet the requirements
and standards set forth in this § 350-20, or a waiver has
been granted therefrom; and
(3)
Extraordinary adverse potential impacts of the
Project on nearby properties have been adequately mitigated.
D.
Plan disapproval. A site plan may be disapproved only
where the PAA finds that:
(1)
The applicant has not submitted the required
fees and information as set forth in the PAA regulations; or
(2)
The Project and site plan do not meet the requirements
and standards set forth in this § 350-20, nor has a waiver
been granted therefrom; or
(3)
It is not possible to adequately mitigate significant
adverse Project impacts on nearby properties by means of suitable
conditions.
E.
Form of decision. The PAA shall issue to the applicant
a copy of its decision, containing the name and address of the owner,
identifying the land affected, and the plans that were the subject
of the decision, and certifying that a copy of the decision has been
filed with the City Clerk and that all plans referred to in the decision
are on file with the PAA. If 20 days have elapsed after the decision
has been filed in the office of the City Clerk without an appeal having
been filed or if such appeal, having been filed, is dismissed or denied,
the City Clerk shall so certify on a copy of the decision. If the
application is approved by reason of the failure of the PAA to timely
act, the City Clerk shall make such certification on a copy of the
application. A copy of the decision or application bearing such certification
shall be recorded in the registry of deeds for the county and district
in which the land is located and indexed in the grantor index under
the name of the owner of record or recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be
paid by the applicant.
A.
Minor change. After Plan Approval, an applicant may
be apply to make minor changes involving minor utility or building
orientation adjustments, or minor adjustments to parking or other
site details that do not affect the overall buildout or building envelope
of the site, or provision of open space, number of housing units,
or housing need or affordability features. Such minor changes must
be submitted to the PAA on redlined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the PAA.
The PAA may authorize such changes at any regularly scheduled meeting,
without the need for holding a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
City Clerk.
B.
Major change. Those changes deemed by the PAA to constitute
a major change because of the nature of the change in relation to
the prior approved plan, or because such change cannot be appropriately
characterized as a minor change as described above, shall be processed
by the PAA as a new application for Plan Approval pursuant to this
§ 350-20.
The provisions of the SG District shall be administered
by the Building Commissioner, except as otherwise provided herein.
Any appeal arising out of action by the PAA regarding an application
for Plan Approval hall be governed by the applicable provisions of
MGL c. 40R. Any other request for enforcement or appeal arising under
this section shall be governed by the applicable provisions of MGL
c. 40A.
If any provision of this § 350-20
is found to be invalid by a court of competent jurisdiction, the remainder
of § 350-20 shall remain in full force. The invalidity of
any provision of this § 350-20 shall not affect the validity
of the remainder of the City's Zoning Ordinance.
The Village Hill Sustainable Growth Overlay District is an area
as shown on the map having an area of approximately 30 acres.
A.
Permitted uses; location of subdistricts.
(1)
There are hereby established three subdistricts within the Village
Hill SG District with uses allowed as follows:
(a)
Subdistrict A: single-family development.
(b)
Subdistrict B: multifamily development, townhouse development,
mixed-use development, with a total of 60,000 square feet of office
use; provided, however, that at least 7,000 square feet of nonresidential
use shall be situated under dwelling units.
(c)
Subdistrict C: multifamily development, townhouse development,
single-family development.
(2)
The location of these subdistricts is shown on the SG District
Map.
C.
Design.
(1)
Landscaping. New buildings, parking, lighting, and other improvements
in the District shall be designed and maintained to minimize the visual
intrusion to the surrounding area and to preserve and enhance the
existing campus layout or be designed to create a new compact and
coherent village or campus center appearance. The PAA shall find that
this criterion is met if:
(a)
Construction shall cause no more than minimal disturbance of
existing ridgelines and hilltops and will, to the extent possible,
preserve existing specimen trees.
(b)
All permanent mechanical equipment is screened from public view
and from views from surrounding properties and ways.
(c)
Generally, buildings are a minimum of two stories in height.
(2)
Accessibility. Development shall be designed to ensure access
to surrounding parcels in the PV District and to the surrounding open
space.
(3)
Required design. The Project shall comply with the site plan
Design Guidelines for Village Hill.
The Urban Residential Sustainable Growth Overlay is shown on
the map and contains approximately half an acre.
A.
Permitted uses: single-family, multifamily development, townhouse
development.
B.
Density: allows density of 20 or more units per acre.
C.
Design: Any multifamily or townhouse project creating seven or more
units in one or more phases within a five-year period shall comply
with the following:
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Front doors must face the street. For units extending behind
front units, where entries orient to the side lot, 20-foot side setback
shall apply unless other means to create a buffer/private outdoor
space to adjoining property are approved by the PAA.
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Buildings must have a covered entry.
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Parking for more than 5 cars shall be distributed on the site
to minimize impact to the neighborhood character, which shall be accomplished
by small groupings of spaces surrounded by landscaping or parallel
parking along a narrow driveway to mimic an alley. Driveways wider
than 15 feet shall be visually buffered from side lot lines through
setbacks or screening to adequately block car headlights. These standards
shall apply unless the Board finds that an alternative means to accomplish
results is designed.
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(1)
Buildings and parking.
(a)
The first row of buildings along a street shall face the street
and add to the streetscape. There shall not be any parking, except
incidental to a driveway or roadway, between the first row of buildings
and the street. Parking shall be located behind buildings or designed
otherwise to minimize view from the public street.
(b)
The area between the property and the road pavement shall be
made to be pedestrian-friendly, with sidewalks, street furniture,
trees and other vegetation and approved by the PAA. All landscaping
incorporated as part of the applicant's design between the street
and the building(s) shall facilitate and enhance the pedestrian use
of sidewalks and other areas adjacent to the building. Such streetscape
may include rebuilding by the applicant, as necessary, of granite
curbs, ADA-compliant concrete sidewalks, tree belts, and drainage
improvements incorporating low-impact development standards for any
necessary drainage improvements triggered by these changes.
(c)
Buildings that abut existing residential properties shall incorporate
building articulation alongside facades. Building projections shall
be incorporated for any side facade that is longer than 30 feet.
(d)
Front facades shall have setbacks consistent with other buildings
within the block or provide a different setback that is necessary
to address any natural resources constraints, such as wetlands or
topography.
(2)
Streets and roadways.
(a)
Projects shall connect to all surrounding neighborhoods with
bicycle and pedestrian access to the extent possible.
[1]
For projects that have more than one vehicular
access, driveways and roadways shall internally and externally connect
to each other and dead-end streets shall be avoided whenever possible.
Dead-end roadways and driveways shall never exceed 500 feet and, to
the extent possible, must include a bicycle and pedestrian connection
from the dead-end street to a street, common area, park or civic space.
[2]
For projects that have a single vehicular access,
such access shall not exceed 500 feet and pedestrian access shall
also be provided directly from any street to residential units.
(b)
The design standards for the length of dead-end streets, protection of natural features, sidewalks, wheelchair ramps, landscaping, utilities, and the construction method and materials for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads and other infrastructure shall be those set forth in Chapter 290, Subdivision of Land. These standards shall apply even for private roadways and driveways that are not part of a subdivision, unless waived by the PAA.
(c)
Driveways and private roadways shall be designed to function
as private alleys, or shared streets with pedestrians and cyclists,
and engineered to keep speeds below 15 miles per hour, or yield streets
with separate sidewalks. Such sidewalks shall connect to sidewalks
along adjacent streets.
(d)
Vehicular access shall connect to surrounding streets as appropriate
to ensure safe and efficient flow of traffic within the surrounding
neighborhood and to mitigate increases in traffic on nearby streets.
(e)
Preexisting paths historically used as bicycle and pedestrian
trails shall be preserved to the extent possible and marked with appropriate
signage.
(f)
The PAA must find that:
[1]
The requested use will promote the convenience
and safety of vehicular and pedestrian movement within the site and
on adjacent streets, cycle tracks and bike paths, minimize traffic
impacts on the streets and roads in the area. If applicable, this
shall include considering the location of driveway openings in relation
to traffic and adjacent streets, cross-access easements to abutting
parcels, access by public safety vehicles, the arrangement of parking
and loading spaces, connections to existing transit or likely future
transit routes, and provisions for persons with disabilities; and
the PAA may allow reduced parking requirements.
[2]
The project, including any concurrent road improvements,
will not decrease the level of service (LOS) of all area City and
state roads or intersections affected by the project below the existing
conditions when the project is proposed and shall consider the incremental
nature of development and cumulative impacts on the LOS. The project
proponent must demonstrate that all cumulative and incremental traffic
impacts have been mitigated. If those impacts are not mitigated, the
PAA shall require in-lieu-of payments to fund a project's proportional
share of necessary improvements to mitigate off-site traffic impacts,
including provision of public transit and pedestrian or bicycle paths,
in lieu of requiring off-site improvements. All in-lieu-of payments
will be expended with the approval of the Mayor and City Council only
after first being introduced for recommendation to the Transportation
and Parking Commission, consistent with PAA conditions. In-lieu-of
traffic mitigation payment shall be assessed by the PAA after a fact-based
analysis of a specific project but shall not exceed that shown below.
Past experience has been that mitigation of all traffic impacts would
be higher than the maximum amount allowed and so many projects are
assessed the maximum allowed by the table. The PAA may exempt residential
projects whose traffic impacts are not greater than if they were developed
as an as-of-right development without PAA approval.
[a]
In-lieu-of payments shall be based on peak-hour
trips. Peak trips are the number of one-way trips into or out of the
project during the project's peak traffic demand, typically but not
always weekday afternoon "rush hour." Peak-hour trips are calculated
based on $1,000 per peak trip generated or, if (and only if) this
does not address a project, the Institute of Traffic Engineers' (ITE)
trip generation data. The PAA retains the ability to use alternative
calculations if clear evidence to the contrary is provided (for example,
considering lower traffic generation from pass-by trips, late-night
shift changes, and mixed-use projects).
[3]
Access by nonmotorized means must be accommodated
with facilities such as bike racks, sidewalk connections from the
building to the street, cycle tracks, and bike paths that are clearly
delineated through materials and/or markings to distinguish the vehicular
route from the nonvehicular route.
(3)
Park space.
(a)
All projects shall include a park/common area fully designed
and constructed to be integrated into the project, which area shall
be easily accessible and available for residents of the project. At
a minimum, this space shall be 300 square feet or 30 square feet per
dwelling unit of buildable land area, whichever is greater.
(b)
All such space shall be contiguous unless waived by the PAA
upon finding that it is in the public interest and consistent with
the intent and purpose of this section.
(4)
Environment and energy. Buildings shall meet one of the following
environmental standards:
(a)
Home Energy Rating System (HERS) rating no greater than 47 for
units of 1,200 square feet or less, and no greater than 41 for units
larger than 1,200 square feet. Alternatively, for units of 1,200 square
feet or less, the PAA may consider a comparable energy standard to
the HERS rating of 47 after consultation with the Building Commissioner.
(b)
U.S. Green Building Council LEED New Construction Gold or Neighborhood
Development Gold Certified.
(5)
Equal access. All projects shall provide equal access to all
building amenities, park and civic space and public entrances to buildings
to residents of both affordable and nonaffordable units.
(6)
Internet connectivity. All projects that include infrastructure
making internet connectivity available shall do so without differences
in quality, capacity or speed to residents of both affordable and
nonaffordable units.
(7)
The site will function harmoniously in relation to other structures
and open spaces to the natural landscape, existing buildings and other
community assets in the area as it relates to landscaping, drainage,
sight lines, building orientation, massing, egress, and setbacks.
Rear and/or side wall facades within 50 feet of a completed or planned
section of a cycle track or bike path shall have features that invite
pedestrian access from that side of the building.
(8)
The requested use will not overload, and will mitigate adverse
impacts on, the City's resources, including the effect on the City's
water supply and distribution system, sanitary and storm sewage collection
and treatment systems, fire protection, streets and schools. The construction
materials and methods for water lines, sanitary sewers, storm sewers,
fire protection, sidewalks, private roads, and other infrastructure
shall be those set forth in the Northampton Subdivision Regulations
unless the PAA finds that a different standard is more appropriate.
Major projects that do not trigger separate stormwater permitting
shall have conditions that stipulate when inspections shall be completed
and submitted to the City. Annual reports, as necessary, depending
on the stormwater management system, shall be submitted to the City.
(9)
Compliance with the following technical performance standards:
(a)
Curb cuts onto streets shall be minimized. More than one curb
cut shall be permitted only when necessary to minimize traffic and
safety impacts.
(b)
Pedestrian, bicycle and vehicular traffic movement on site must
be separated, to the extent possible, and sidewalks must be provided
between businesses within a development and from public sidewalks,
cycle tracks and bike paths.
[1]
All internal and external sidewalks will be constructed
of cement concrete. Sidewalks will be at least five feet in width.
[2]
If gratings are located in walking surfaces, then
they shall have spaces no greater than 1/2 inch wide in one direction.
If gratings have elongated openings, then they shall be placed so
that the long dimension is perpendicular to the dominant direction
of travel.
[3]
Ramps allowing access to the sidewalk and street
by variously abled persons shall be required at the corner or within
the curb area immediately adjacent to the sidewalk.
[4]
For any new driveway, the portion of the driveway
that crosses the sidewalk shall conform to the sidewalk requirements
set forth herein, regardless of whether there is a sidewalk improvement
extending along the balance of the frontage property, with sidewalks
constructed with extra depth to withstand cars.
[5]
The sidewalk cross slope of 1:50 should be maintained
across the entire driveway. The driveway apron should be located in
the tree belt between the pedestrian way and the roadway.
[6]
Curb extensions may be used at any corner location,
or at any mid-block location where there is a marked crosswalk, provided
there is a parking lane into which the curb may be extended. They
may include transit stops. Curb extensions must be designed so as
not to impede bicycle traffic. Curbs may be extended into one or both
streets at a corner. No obstructions or private use should occur in
the curb extension.
(c)
Major projects over 5,000 sf, must have no increase in peak
flows from the one- or two- and ten-year Soil Conservation Service
design storm from predevelopment conditions (the condition at the
time a site plan approval is requested). Green infrastructure and
low-impact design shall be incorporated to the extent feasible to
ensure runoff is handled on site. At the very minimum, the runoff
from up to a one-inch rain storm (first flush) shall be detained on
site for an average of six hours. These requirements shall not apply
if the project will discharge into a City storm drain system that
the PAA finds can accommodate the expected discharge with no adverse
impacts. In addition, catch basins shall incorporate sumps of a minimum
of four feet and, if they will remain privately owned, a gas trap.
