A building, structure and/or land and premises may be used for the following enumerated purposes only in a Manufacturing or Industrial District and then only if a special permit is granted, after referral to the Planning Board in each case, by the Board of Appeals in accordance with the provisions of Article
X below and with such conditions as the Board of Appeals may impose to safeguard the district and the Town against injury to persons or property in the district and to conform to the intent and purpose of this bylaw:
A. Tanneries, slaughterhouses or rendering plants.
C. Automobile dismantling yards.
D. Bulk station or storage of explosives.
G. Airport or landing field (as defined by the Massachusetts
Aeronautics Commission).
[Added 5-9-1984 ATM, Art. 24; amended 5-8-2018 ATM by Art. 18]
A. In an Elderly Housing District, no building or land shall be used
and no building shall be erected or converted except:
(1) To provide housing for the elderly, such housing to be owned and
operated by a for-profit or nonprofit organization. A "private nonprofit
organization" shall mean a corporation, foundation or other organization
no part of the net earnings of which inures to the benefit of any
private shareholder or individual and which has been organized pursuant
to MGL c. 180, as amended.
(2) For any of the uses permitted in the R-A Residence-Agricultural District with the development regulations applicable to the R-A Residence-Agricultural District outlined in Article
VI governing.
B. Accessory uses permitted in the Elderly Housing District may include:
(1) Accessory uses customarily incidental to any main permitted use on
the same premises, including but not limited to private garages, a
pool, and other such accessory uses customarily incidental to an age-restricted,
active adult community.
(2) One separate building, not exceeding one story in height, to house
snow removal and mowing machines, garden and other tools and equipment
required to maintain and service housing for the elderly, as well
as separate structures to house any water or sewer utility and/or
centralized mailbox facility or residents.
(3) One building which may be used as a common building by the residents
of the district, which building may include central kitchen and dining
facilities providing meals to residents thereof and their guests and
may also provide lounge and meeting rooms for the common use of the
residents and their guests.
C. Design guidelines. In addition to the standards for site plans under §
196-30, a proposal within the Elderly Housing District shall be consistent with the following design guidelines:
(1) All proposed buildings and structures shall be compatible with other
quality buildings of similar village-style architecture, building
materials and colors;
(2) The compatibility of such buildings and structures shall be analyzed
in terms of the following factors: size and bulk; orientation to the
street; distance from the street; height and roofline articulation;
the pattern of window, door, and other building openings; architectural
styles; and exterior building materials and colors; and
(3) The applicant shall submit a separate landscaping plan, prepared
by a registered landscape architect, that provides for intensive high-quality
landscaping of all open areas, including areas adjacent to paths,
driveways and parking lots, and, where appropriate for screening purposes,
dense buffers of trees and shrubs.
[Added 5-22-1996 ATM, Art. 51]
A. The Pond Watershed Overlay District consists of the
mapped watersheds to Boxford's freshwater ponds. Long considered one
of the Town's most significant natural resources, Boxford's numerous
freshwater ponds are threatened by land-based activities within the
pond watersheds, including residential development, removal of natural
vegetative growth and waterfowl. Of particular concern are elevated
levels of nutrients, such as nitrogen and phosphorus, present in the
Town's surface waters. Excessive nutrients will cause pond water quality
to decline, create noxious odors, increase growth of nuisance plants
and reduce values of property within the ponds' watersheds.
B. The purpose of this District is to identify land areas
that provide recharge and runoff to Boxford's freshwater ponds by
incorporating these contributing areas into the Town's Zoning Map,
Zoning Bylaw and other regulatory tools, as amended.
C. Permitted uses. In any lot created after the adoption
of this amendment:
(1) The Pond Watershed Overlay District shall be considered
to be superimposed over any other district established in this bylaw.
Land in a Pond Watershed Overlay District may be used for any purpose
otherwise permitted in the underlying district, subject to the additional
restrictions presented herein. Land located such that the site lies
partially within an Overlay District shall be governed by the restrictions
applicable to the zoning district in which the part of the land is
located.
(2) Within a Pond Watershed Overlay District, no principal
or accessory structure shall be constructed within 100 feet of the
high-water mark of a pond. Excluded from this prohibition, subject
to other applicable regulations in the Town of Boxford, are structures
commonly referred to as "duck walks," landings, docks and piers.
(3) Within a Pond Watershed Overlay District, no land
area within 300 feet of a measured high-water mark of a pond shall
consist of cultivated lawn greater than 5,000 square feet on any single
lot.
(4) For a distance of at least 25 feet from the high-water
mark of any pond within a Pond Watershed Overlay District, natural
vegetation shall be left in its natural state, except for a path,
not to exceed seven feet in width. Dead or dying vegetation that poses
a threat to persons or property may be removed, subject to other applicable
regulations in the Town of Boxford.
[Added 5-22-1997 ATM, Art. 51; amended 5-11-2004 ATM, Art.
31; 11-15-2005 STM, Art. 12; 5-9-2006 ATM, Art. 35]
Wireless communications services and the construction
of towers shall be located according to the special permit provisions
of the Zoning Bylaw.
C. Use restrictions. A wireless communications facility (including antennas and accessory structures, if any), antenna or satellite dish may be erected upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Article
X, subject to site plan review and approval as set forth herein at §
196-30, subject to the following conditions:
(1) The only wireless communication facilities allowed
are freestanding monopoles, with associated antenna and/or panels
to be installed internally within the monopole.
(2) To the extent feasible, all service providers shall
collocate on a single facility. Wireless communications facilities
shall be designed to accommodate the maximum number of users technologically
practical. The intent of this requirement is to reduce the number
of facilities which will be required to be located within the community.
(3) Any proposed extension in the height, addition of
cells, antennas or panels or construction of a new facility shall
be subject to a new application for an amendment to the special permit.
(4) New facilities shall be considered by the Zoning Board
of Appeals only upon a finding by the Zoning Board of Appeals that
the equipment planned for the proposed facility cannot be accommodated
on any existing or already approved facilities.
(5) All facilities shall be designed to be constructed
at the minimum height necessary to accommodate the anticipated present
and future use but in no event to exceed 120 feet in height as measured
from the mean finished ground level at the base of the facility.
(6) A facility shall not be erected nearer to any property
line than a distance equal to the vertical height of the facility
(inclusive of any appurtenant devices), measured at the mean finished
grade of the facility base.
(7) Siting shall be such that the view of the facility
from adjacent abutters, residential neighbors and other areas of Town
shall be as limited as possible. All facilities shall be painted or
otherwise colored so they will blend in with the landscape or the
structure on which they are located. The coloring scheme of the pole
shall be at the discretion of the Board of Appeals based upon information
provided during the public hearing.
(8) Wireless communication facilities shall be suitably
screened from abutters and residential neighborhoods.
(9) Fencing shall be provided to control access to wireless
communications facilities and shall be compatible with the scenic
character of the Town. Chain link is not acceptable.
(10)
Existing on-site vegetation shall be preserved
to the maximum extent possible.
(11)
There shall be no signs, except for announcement signs, no-trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with §
196-27.
(12)
Night lighting of the facilities shall be prohibited
unless required by the Federal Aviation Administration (FAA). Lighting
shall be limited to that needed for emergencies and/or as required
by the FAA.
(13)
There shall be a maximum of one parking space
for each facility, to be used in connection with the maintenance of
the facility and the site, and not to be used for the permanent storage
of vehicles.
(14)
To the extent technologically feasible, all
network interconnections from the facility shall be via underground
land lines.
(15)
Applicants proposing to erect facilities on
municipally owned land or structures shall provide evidence of contractual
authorization from the Town of Boxford to conduct wireless communications
services on municipally owned property.
(16)
Traffic associated with the facility and accessory
facilities and structures shall not adversely affect abutting ways.
(17)
Satellite dishes and/or antennas may be located
on structures or may be freestanding.
(18)
Satellite dishes and/or antennas shall be situated
on a structure in such a manner that they are screened, preferably
not being visible from abutting streets. Freestanding dishes and/or
antennas shall be located on the landscape in such a manner so as
to minimize visibility from abutting streets and residences and to
limit the need to remove existing vegetation. All equipment shall
be colored, molded and/or installed to blend into the structure and/or
landscape.
(19)
Antennas or dishes located on a structure shall
not exceed 10 feet in height above the level of its attachment to
the structure.
(20)
Annual certification demonstrating continuing
compliance with the standards of the Federal Communication Commission,
Federal Aviation Administration and the American National Standards
Institute and required maintenance shall be filed with the Building
Inspector by the special permit holder.
(21)
All unused facilities or parts thereof or accessory
facilities and structures which have not been used for one year shall
be dismantled and removed at the owner's expense.
D. Procedure for a special permit. All applications for wireless communications facilities, antennas or satellite dishes shall be made and filed on the applicable application forms for site plan and special permit in compliance with the Boxford Zoning Board of Appeals application instructions. In addition to the requirements for site plan review under §
196-30 and the special permit requirements under §§
196-45,
196-46,
196-47,
196-48 and
196-49, five copies of the following information must be submitted for application to be considered complete:
(1) A locus plan at a scale one inch equals 200 feet,
which shall show all property lines, the exact location of the proposed
structure(s), street, landscape/topography features, residential dwellings
and neighborhoods and all buildings within 500 feet of the facility.
(2) A color photograph or rendition of the facility with
its antennas and/or panels. For satellite dishes or antennas, a color
photograph or rendition illustrating the dish or antenna at the proposed
location is required. A rendition shall also be prepared illustrating
a view of the monopole, dish or antenna from the nearest street or
streets.
(3) The following information must be prepared by a professional
engineer:
(a)
A description of the facility and the technical,
economic and other reasons for the proposed location, height and design.
(b)
Confirmation that the facility complies with
all applicable federal and state standards.
(c)
A description of the capacity of the facility,
including the number and type of panels, antennas and/or transmitter
receivers that it can accommodate and the basis for these calculations.
(d)
If applicable, a written statement that the
proposed facility complies with, or is exempt from, applicable regulations
administered by the Federal Aviation Administration (FAA), Federal
Communications Commission (FCC) and the Massachusetts Aeronautics
Commission and the Massachusetts Department of Public Health.
(e)
The applicable review and advertising fees as
noted in the application guidelines.
E. Exemptions. The following types of wireless communications facilities are exempt from this §
196-22:
(1) Amateur radio towers used in accordance with the terms
of the amateur audio service license issued by the Federal Communications
Commission, provided that the tower is not used or licensed for any
commercial purpose.
(2) Facilities used for the purposes set forth in MGL
c. 40A, § 3.
(3) Satellite dishes and antennae for residential use.
[Added 5-8-2012 ATM,
Art. 14]
A. Floodplain District Boundaries. The Floodplain District is herein
established as an overlay district. The District includes all special
flood hazard areas within the Town of Boxford designated as Zone A
or AE on the Essex County Flood Insurance Rate Map (FIRM) issued by
the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The map panels of the Essex
County FIRM that are wholly or partially within the Town of Boxford
are panel numbers 25009C0226F, 25009C0227F, 25009C0229F, 25009C0231F,
25009C0233F, 25009C0234F, 25009C0241F, 25009C0242F, 25009C0244F, 25009C0253F,
25009C0254F, 25009C0261F, 25009C0262F, 25009C0263F, 25009C0264F, and
25009C0401F dated July 3, 2012. The exact boundaries of the District
are defined by the 100-year base flood elevations shown on the FIRM
and further defined by the Essex County Flood Insurance Study (FIS)
report dated July 3, 2012. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk.
B. Base flood elevation and floodway data.
(1)
Floodway data. In Zones A and AE, along watercourses that have
not had a regulatory floodway designated, the best available federal,
state, local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2)
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A Zones.
C. Notification of watercourse alteration. In a riverine situation,
the Conservation Director shall notify the following of any alteration
or relocation of a watercourse:
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Adjacent communities.
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NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street, Suite 600-700
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Boston, MA 02114-2104
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NFIP Program Specialist
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
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Boston, MA 02110
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D. Use regulations.
(1)
The Floodplain District is established as an overlay district
to all other districts. All development in the district, including
structural and non-structural activities, whether permitted by right
or by special permit must be in compliance with MGL c. 131, § 40,
and with the following:
(a)
Sections of the Massachusetts State Building Code (780 CMR),
as may be currently in effect, which address construction in floodplain
areas;
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(2)
Any variances from the provisions and requirements of the above
referenced state regulations may only be granted in accordance with
the required variance procedures of these state regulations.
(3)
In Zone AE, along watercourses that have a regulatory floodway
designated on the Essex County FIRM, encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(4)
All subdivision proposals must be designed to assure that:
(a)
Such proposals minimize flood damage;
(b)
All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
E. Permitted uses. The following uses of low flood damage potential
and causing no obstructions to flood flows are encouraged provided
they are permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including fishing, boating, play
areas, etc.
(4)
Conservation of water, plants, wildlife.
(5)
Wildlife management areas, foot, bicycle, and/or horse paths.
(6)
Temporary non-residential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
(7)
Building lawfully existing prior to the adoption of these provisions.
[Added 5-8-2018 ATM by
Art. 17]
A. Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay
District.
(1)
Purpose. The purpose of this bylaw is to permit as-of-right
siting of large-scale ground-mounted solar photovoltaic installations
within a designated Solar Overlay District by providing standards
for the design, construction, operation, monitoring, modification
and removal of such installations that address public safety, minimize
impacts on scenic, natural and historic resources and that provide
adequate financial assurance in the event of abandonment or removal
of such installations.
(2)
Definitions. As used in this bylaw, the following terms shall
have the meanings indicated:
AS-OF-RIGHT SITING
That development may proceed without the need for a special
permit, variance, amendment, waiver, or other discretionary zoning
approval.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
SOLAR OVERLAY DISTRICT
As used in this section shall include the following properties:
(a)
Property at Spofford Road designated as Assessor's Map 19, Block
3, Lot 28 and Assessor's Map 15, Block 2, Lot 1; and
(b)
Property designated as Assessor's Map 42, Block 1, Lot 1.
(3)
General requirements.
(a)
The construction and operation of all large-scale ground-mounted
solar photovoltaic installations shall be consistent with all applicable
local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications
requirements. All buildings and fixtures forming part of the installation
shall be constructed in accordance with the State Building Code. No
installation shall be constructed, installed or modified as provided
in this section without first obtaining a building permit.
(b)
No large-scale ground-mounted solar photovoltaic installation
shall be constructed until evidence has been given to the Planning
Board that the utility company that operates the electrical grid where
the installation is to be located has been informed of the installation
and the owner or operator's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
(c)
All large-scale ground-mounted solar photovoltaic installations
shall undergo site plan review by the Planning Board in accordance
with this Zoning Bylaw prior to construction or modification as provided
in this section. The Planning Board may, at the Board's option, hold
an informal hearing, of which abutters are given notice, in order
to solicit comment during the site plan review. The Planning Board
may impose reasonable conditions on the project in granting site plan
approval. The Planning Board shall act on an application for site
plan review and file a written decision of its action with the Town
Clerk within 90 days of receipt of a complete site plan review submission
unless otherwise agreed by the project proponent.
(4)
Site plan review submission requirements. The project proponent
shall provide the following documents:
(a)
A site plan on one or more sheets. All plans shall be prepared,
stamped and signed by a professional engineer licensed to practice
in Massachusetts. The plans, at a minimum, must include the following:
[1] Property lines and physical features, including
roads, topography, vegetation, hydrological features, shading from
existing structures and Zoning Map designation of the project site;
[2] Proposed changes to the site, including proposed
grading, planting or removal of vegetation, lighting, signage and
structures;
[3] Blueprints or drawings of the solar photovoltaic
installation;
[4] An electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
[5] Manufacturers' specifications, warranties and related
documentation for the major system components to be used, including
the PV panels, mounting system, and inverter. These may be referenced
on the plan to documents provided for the Planning Board file;
[6] Name, address, and contact information for the
proposed installer of the installation;
[7] Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[8] The name, contact information and signature of
any agents representing the project proponent.
(b)
The project proponent shall submit documentation of actual or
prospective access and control of the project site sufficient to allow
for construction and operation of the proposed installation.
(c)
The project proponent shall submit an Operation and Maintenance
Plan for the large-scale ground-mounted solar photovoltaic installation
which shall include measures for maintaining safe access to the installation,
stormwater controls, and general procedures for operation and maintenance
of the installation.
(d)
Proof of liability insurance naming the Town of Boxford as additional
insured in the amounts of at least $1,000,000 current and $3,000,000
aggregate, or such other amounts as are standard in the Town of Boxford.
Such proof will not be required for municipally or state-owned facilities.
(e)
Proof of utility notification.
(f)
A designation of a date representing the end of the useful life
of the installation, which date may be extended by the project proponent
upon notice to the Planning Board provided no later than 30 days in
advance of the designated date. Upon such notice the Planning Board
may review the installation and determine, at its sole discretion,
if an application for a modification is required under the terms of
this section.
(g)
A removal plan, signed by the project proponent, listing the
actions to be taken to remove the installation and a plan showing
the proposed physical characteristics of the site upon completion
of the removal.
(h)
Description of financial surety and cost of removal. The project
proponent shall submit a fully inclusive estimate of the costs associated
with removal of the installation, prepared by a qualified engineer.
The amount shall include a mechanism for calculating increased removal
costs due to inflation. The project proponent shall 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 installation
and remediate the landscape, in an amount and form determined to be
reasonable by the Planning Board not to exceed 125% of the estimated
cost of removal. Such surety will not be required for municipally
or state-owned facilities.
(5)
Design standards.
(a)
Dimensional requirements.
[1] Front yard. The front yard depth shall be at least
50 feet.
[2] Side yard. Each side yard shall have a depth at
least 15 feet; provided, however, that where the lot abuts a Residential-Agricultural
District, the side yard shall not be less than 50 feet.
[3] Rear yard. The rear yard depth shall be at least
25 feet; provided, however, that where the lot abuts a Residential-Agricultural
District, the rear yard shall not be less than 50 feet.
[4] Appurtenant structures. All appurtenant structures
to large-scale ground-mounted solar photovoltaic installations shall
be subject to applicable regulations, including the dimensional regulations
established in this bylaw, concerning the bulk and height of structures,
lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. Whenever reasonable,
structures should be shaded from view by vegetation and/or joined
or clustered to avoid adverse visual impacts.
(b)
Lighting. Lighting of installations shall be the minimum required
by local, state and federal law, or as required for safety and operational
purposes, and shall be reasonably shielded from abutting properties.
Where feasible, lighting of the installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(c)
Signage. Signs shall comply with §
196-27 of the Zoning Bylaw. A sign posted in a location visible from a public way shall identify the name and nature of the installation, the owner and the operator, and provide a twenty-four-hour emergency contact phone number. Signs at installations shall not be used for displaying advertising.
(d)
Utility connections. All utility connections from the installation
shall be placed underground unless otherwise required by the utility
provider.
(6)
Safety and environmental standards.
(a)
Emergency services. The project proponent shall provide a copy
of the site plan review submission documents to the Boxford Fire Department
and the Boxford Police Department upon submission of its application
for site plan review to the Planning Board. The project proponent
shall cooperate with these Departments in developing an Emergency
Response and Security Plan. As approved by the Planning Board through
site plan review, a copy of the plan shall be kept on the project
site at all times and shall be placed on file with the Boxford Fire
and Police Departments. All means of shutting down the solar photovoltaic
installation shall be clearly identified in the Emergency Response
and Security Plan and, where practicable, marked in the filed.
(b)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the installation or otherwise prescribed
by applicable laws, regulations, and bylaws.
(7)
Monitoring and maintenance. The installation owner or operator
shall maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Boxford Fire Department. The owner or operator shall be responsible
for the cost of maintaining the installation and associated site improvements.
The owner or operator shall be responsible for the cost of maintaining
any access road(s) unless the access road is accepted as a public
way.
(8)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board in accordance with this bylaw.
The Planning Board may waive any requirements of the site plan review
submission requirements deemed by the Board to be not relevant to
the proposed modification.
(9)
Abandonment, decommissioning or removal.
(a)
Abandonment. Absent written notice provided by the owner or
operator to the Planning Board of extenuating circumstances, the installation
shall be considered abandoned when it fails to operate for more than
one year without the written consent of the Planning Board.
(b)
Decommissioning. The owner or operator shall, upon 30 days'
advance notice to the Planning Board, identify a date for decommissioning
the installation. If the owner or operator of the installation fails
to remove the installation in accordance with the requirements of
this section within 150 days of the decommissioning date, the Town
may, to the extent it is otherwise authorized by law, enter the property
and physically remove the installation and apply any financial surety
provided by the project proponent towards the cost of removal.
(c)
Removal. Any installation which has reached the end of its useful
life, or been abandoned, or reached a decommissioning date, shall
be removed within 150 days. Removal shall consist of the following:
[1] Physical removal of all installation structures,
equipment, security barriers and transmission lines from the site.
[2] Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
[3] Stabilization or revegetation of the site as necessary
to minimize erosion. The Planning Board may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(10)
Severability. The provisions of this section are severable,
and the invalidity of any section, subdivision, paragraph or other
part of this section shall not affect the validity of the remainder
of this section.