Town of Plainville, MA Article II Use and Intensity Regulations

§ 500-12 Districts.

[Amended 6-2-2014 ATM by Art. 58]

The Town of Plainville is hereby divided into the following types of districts:

RA —	Single-Family Residential District
RB —	Single-Family Residential District
RC —	General Residential District
RD —	General Residential District
CA —	Shopping Center Commercial District
CB —	General Commercial District
CC —	Roadside Commercial District
CD —	Industrial District
CI —	Commercial Interchange District
IA —	Special Industrial District
IB —	Limited Industrial District
IC —	Controlled Industrial District
GPD —	Groundwater Protection District
FPD —	Floodplain District
TCD —	Town Center District

§ 500-13 Zoning Map. [1]

[Amended 6-1-2015 ATM by Art. 58; 6-6-2016 ATM by Art. 43]

Said districts are located and bounded as shown on a map entitled "Zoning Map," dated March 1964, revised July 11, 1967, September 18, 1969, April 1978, September 1979, April 1981, June 1984, May 1985, April 1987, June 1989, June 1996, June 1999, October, 2000, May 18, 2009 (corrected August 20, 2009), October 25, 2012, January 2013, March 20, 2014 and June 6, 2016, on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made part of this bylaw.

[1] Editor's Note: Copies of the Town's Zoning Maps are included as attachments to this chapter.

§ 500-14 District boundaries.

The location of the boundary lines of the districts shown on the Zoning Map shall be determined as follows:

A. Where the district boundary is indicated as approximately following a street line or power easement, it is the center line of the street or power easement.

B. Where the district boundary is indicated as approximately following a lot line, it is the lot line.

C. Where the district boundary is indicated as approximately following a railroad line, it is at one boundary of the railroad right-of-way.

D. Where the district boundary is indicated as approximately parallel to a street line or railroad line, it is parallel to the center line of the street or railroad and at the distance in feet from the street line or railroad right-of-way indicated on the Zoning Map; such distance being measured at right angles to such street lines unless otherwise indicated.

E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise.

F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream.

G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map.

§ 500-15 Lots in two districts.

Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than 30 feet into the other portion of the same divided lot.

§ 500-16 Lot requirements.

A. Lot size and shape. Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the Intensity of Use Schedule,[1] except when a portion of the lot is taken or conveyed for any public purpose.

(1) Lot width. The diameter of the largest circle that can be inscribed within the side lot lines at every point on a continuous line from the frontage of the lot to the front line of the principal building of the lot.

[Amended 6-1-2015 ATM by Art. 61; 6-6-2016 ATM by Art. 47]

(a) Cul-de-sac exception. In the RA Zoning District, on lots where one of the lot corners lies on the cul-de-sac of a dead end road, the lot width may be amended to be the lesser of either that distance listed in the Intensity of Use Schedule (§ 500-17 of the Zoning Bylaw, shown as 500 Attachment 1 in the Bylaws, or the chord distance connecting the end points of the two side lot lines where they intersect the roadway. This exception shall only be allowed between the lot frontage and the forty-foot setback from the lot frontage.

(2) Lot area. A principal building shall not be constructed on any residential lot unless at least 80% of the minimum lot area required in the Town of Plainville Zoning Bylaw § 500-17 is "upland area." For purposes of this section only, "upland area" shall include all land not regulated as wetlands under MGL c.131, § 40 (Wetlands Protection Act), with the exception that bordering land subject to flooding and riverfront areas may be counted as "upland area." Lots created prior to the date of adoption of this section are exempt from this requirement.

[Added 6-2-2014 ATM by Art. 52]

(3) Lot shape factor. A principal building shall not be constructed on any lot unless the lot contains a "lot shape factor" having a numerical value of 22.0 or less. The "lot shape factor" is the numerical value resulting from the division of the perimeter (P) squared, measured in feet, by the area (A), measured in square feet, of a closed parcel of land containing the minimum required lot area for the zoning district in which the principal building will be located [P²/A ≤ 22]. The closed area used for calculation shall be entirely contained within the lot, and, for residential uses, shall contain at least 80% "upland area" as defined in § 500-16A(2). Residential buildings having four units or less must be located within the area used to calculate the lot shape factor. Residential buildings having five or more units, or non-residential buildings, may be located outside the shape factor area if said building has received a special permit granted by the Planning Board under § 500-19, § 500-24, § 500-26 or § 500-37 of the Zoning Bylaws. Lots approved under § 500-22 (Residential cluster development), and lots where the principal building is located within the IA, IB, IC or CI Zoning Districts, are exempt from the requirements of this section. The requirements of the lot shape factor are considered to be area and width requirements within the meaning of MGL c. 40A, § 6. Lots created prior to the adoption of this section are subject to either the lot configuration regulations that were in effect prior to adoption of this section, or these regulations, whichever are more lenient.

[Added 6-1-2015 ATM by Art. 61]

[1] Editor's Note: Said schedule is included as an attachment to this chapter; see § 500-17.

B. Buildings, pads, and premises. No building shall be erected or used or premises used except in conformity with the Intensity of Use Schedule (§ 500-17) or § 500-41 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB or RC Zoning District unless part of an approved cluster residential subdivision approved in accordance with § 500-22, multibuilding developments in the RD District or any commercial or industrial district (except the CI Commercial Interchange District, in which use and development is subject to § 500-41) on a single lot shall be subject to a development permit and site plan review as provided in §§ 500-5 and 500-39 and to any other special permit or approval required under this bylaw.

C. Yards and open space. No part of any yard or other open space required for the purpose of complying with the provisions of this bylaw shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines.

D. Accessory building. No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that, on lots of less than 10,000 square feet, accessory buildings may be placed within three feet of a side or rear line.

E. Exceptions to lot requirements.

(1) Waiver of strict compliance.

(a) The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows:

[1] Lot frontage, providing at least 80% of the applicable requirement is met and the lot conforms to the requirements of § 500-16A(1), (2) and (3).

[Amended 6-1-2015 ATM by Art. 61]

[2] Side yard and rear yard, providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located.

[3] Parking, providing such waiver does not reduce conformity below 80% of the applicable requirements of the district.

(b) The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. The Board shall follow all the procedures outlined in MGL c. 40A, § 15, when deliberating on a permit to grant exceptions to lot requirements.

[Amended 6-5-2017 ATM by Art. 47]

(2) Exemptions from frontage and area requirements. In any zoning district, a vacant lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots:

[Amended 6-5-2017 ATM by Art. 48]

(a) Is a lot in ownership separate from that of adjoining land located in the same zoning district at the time of the adoption of this bylaw; and

(b) Is a lot or lots separately described in a deed or record at the time of the adoption of this bylaw; and either

(c) Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan; or

(d) Is a lot or lots shown on a plan which does not require Planning Board approval under the Subdivision Law,[2] provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board.

[1] Provided that any lot referred to above contains at least 50 feet of frontage and 5,000 square feet of area and, in the case of more than one nonconforming, undeveloped and contiguous lots in common ownership not protected under MGL, c. 40A, shall be subject to the provisions of Subsection E(3) below.

[2] Editor's Note: See Ch. 540, Subdivision of Land.

(3) Combined and replatted lots. Notwithstanding the provision of Subsection E(2), the Board of Appeals, as permit granting authority, may require two or more nonconforming, undeveloped and contiguous lots in common ownership to be combined:

(a) Whenever such combination creates less than one fully conforming lot.

(b) Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements, the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating nonconforming lots, provided that, if such replat would create or retain one or more nonconforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements.

(c) Whenever lots subject to combination are in common ownership with a building or structure, so much of any such nonconforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or entity and where the reservation is needed to exactly provide an existing building or structure with the land to meet applicable yard requirements. What remains after the reservation shall be combined for replat purposes. If an existing building or structure partially overlaps into an otherwise undeveloped and nonconforming lot which would be subject to combination for replat purposes, then so much of the invaded lot (where ownership is in the same person or entity) shall again be reserved to provide needed land to meet yard requirements, and the remainder of the invaded lot shall be combined for replat purposes.

§ 500-17 Intensity of Use Schedule.

The tabular material of this § 500-17, which contains the Intensity of Use Schedule, is included at the end of this chapter. Although the schedule is included at the end of the chapter, it shall be considered a section of the Zoning Bylaw and shall not be construed as appendix or ancillary material.

§ 500-18 Use regulations.

A. General provisions. No structure shall be erected, altered or used and no premises shall be used except as set forth in the Use Regulation Schedule.[1] Construction or operations under a permit or special permit shall conform to any subsequent amendment to this bylaw unless the use or construction is commenced within 12 months after the issuance of such permits. Only one principal use is allowed on any lot in a residential zoning district. Home occupations (§ 500-33) are not considered principal uses.

[Amended 6-5-2017 ATM by Art. 50]

[1] Editor's Note: See § 500-19; said schedule is included at the end of this chapter.

B. Prohibited activities. Land clearing, excavation, gravel removal or clear-cutting of trees in anticipation of any use requiring action and/or approval by the Planning Board or the Zoning Board of Appeals is prohibited prior to said action or approval unless the proposed use or improvement is necessary, provided that documentation of a final order is submitted to the Zoning Enforcement Officer no less than 48 hours before the commencement of any related site work. Limited clearing and excavation is permitted to obtain survey and engineering data. The Planning Board and/or the Zoning Board of Appeals reserves the right to disapprove any such work and to order restoration of the site as deemed necessary.[2]

[2] Editor's Note: Former Subsection C, Temporary moratorium on medical marijuana treatment centers, added 6-3-2013 ATM by Art. 40, which immediately followed, was repealed 6-1-2015 ATM by Art. 57. See now § 500-42.1, Registered medical marijuana dispensary.

§ 500-19 Use Regulation Schedule.

[Amended 6-5-2017 ATM by Art. 51]

The tabular material of this § 500-19, which contains the Use Regulation Schedule, is included at the end of this chapter. Although the schedule is included at the end of the chapter, it shall be considered a section of the Zoning Bylaw and shall not be construed as appendix or ancillary material. The Planning Board shall be the special permit granting authority under § 500-19.

§ 500-20 Uses by special permit.

A. Special permit granting authority. Certain specific uses, buildings and structures identified in this and other sections of this bylaw may be authorized to be located, relocated, altered or substantially expanded in specified districts only upon the issuance of a special permit from the special permit granting authority, as designated herein. Except as may be specified otherwise in this bylaw, the Board of Appeals shall be the special permit granting authority (SPGA).

B. Special permit procedure. Special permits shall only be issued following public hearings held within 65 days after the filing of an application with the Town Clerk, a copy of which application, including the date and time of the filing certified by the Town Clerk, shall be filed forthwith by the application with the special permit granting authority. The procedure to be followed in acting upon such application shall be as follows:

(1) Notice of public hearing shall be given as provided for in MGL c. 40A, § 11. Such notice shall be given at the expense of the applicant by publication in a newspaper of general circulation in the Town, one in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing, and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing.

(2) The notice of the public hearing shall also be given at the applicant's expense by mail, postage prepaid, to "parties in interest" as defined in said MGL c. 40A, § 11. "Parties in interest" shall mean the applicant; abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within 300 feet of the property line of the applicant, as they appear on the most recent applicable tax list; the Planning Board of the Town; and the planning board of every abutting city or town. The Town's Board of Assessors shall certify to the special permit granting authority the names and addresses of the parties in interest, and such certification shall be conclusive for all purposes.

(3) The notice shall contain, at a minimum, the name and address of the applicant; a description of the area or premises, street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition; the date, time, and place of the public hearing; the subject matter of the hearing; the nature of the action or relief requested; and the place where the records of the filing may be viewed.

(4) The SPGA shall forward two copies of the site plan and/or supporting materials to the Planning Board, and to other boards as deemed appropriate by the SPGA, for review and comment. The boards shall review and make such recommendation as they deem appropriate and shall send a copy thereof to the SPGA. Failure of the boards to make such recommendations with 35 days of receipt of material from the SPGA shall be deemed lack of opposition thereto. The SPGA shall take into consideration the recommendation of the boards in acting upon the application for a special permit.

(5) Failure by the special permit granting authority to take final action on an application within 90 days of the date of the public hearing, or extended time if applicable, shall be deemed to be a grant of special permit. The applicant who seeks such approval of the special permit granting authority to act within the prescribed time shall comply with the applicable provisions of MGL c. 40A, § 9.

C. Criteria. The SPGA shall find that the use is not noxious, harmful or hazardous, is socially and economically desirable, will meet any existing or potential need, and that the applicant has no reasonable alternative available to accomplish the purpose of the application in a manner more compatible with the character of the immediate neighborhood. The advantage of the proposed use shall outweigh any detrimental effects, and such detrimental effects on the neighborhood and the environmental will not be greater than could be expected from development which could occur if the special permit were denied. In making their determination, the SPGA shall indicate consideration of each of the following:

(1) Social, economical or community needs which are served by the proposal.

(2) Traffic flow and safety.

(3) Adequacy of utilities and other public services.

(4) Neighborhood character.

(5) Visual impacts on the surrounding neighborhood.

(6) Qualities of the natural environment.

(7) Effects of the proposed use on neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, visual or other nuisances.

(8) Potential fiscal impact.

(9) Water consumption, taking into consideration current and projected future local water supply and demand.

(10) Consistency of the proposal with the Town of Plainville Master Plan, as most recently updated.

D. Powers of the special permit granting authority. The special permit granting authority shall have the power to impose reasonable conditions and modifications, including limitations of time and use, as a condition of a special permit and may secure compliance or performance by requiring the posting of a bond or other security.

E. Conformance. Construction or operations under a special permit shall conform to any subsequent amendments of this bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

F. Expiration. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within 36 months of special permit approval, exclusive of such time required to pursue or await the determination of an appeal, referred to in MGL c. 40A, § 17, from the grant thereof.

[Amended 6-5-2017 ATM by Art. 46]

G. Special conditions applicable to special permits. (Specific uses are listed in the same sequence as in the Use Regulation Schedule, § 500-19.)

[Amended 6-6-2016 ATM by Art. 48; 6-6-2016 ATM by Art. 51]

	Uses		District	Special Conditions
	Agricultural uses by special permit
		Farm, other stock	RC, RD, CA, CB, CD	Special permit conditions shall apply only to parcels less than five acres (MGL c. 40A, § 3)
		Nursery or greenhouse with retail sales	RC, RD	May be issued for such use in an existing dwelling only
		Nursery or greenhouse wholesale only	RC, RD	Subject to provisions for access, etc.
	Commercial uses by special permit (see § 500-37)
		Animal kennel or hospital	RA, RB, CB, CC	Subject to review by the Board of Health and issuance of annual licenses as required by General Law
	Business, retail		IA, IB, IC
	Business, wholesaling with outdoor storage		CA, IC
	Motor vehicle, filling station		CA, CB, CC, IC	Subject to annual license from the Board of Selectmen. Conditions of the special permit shall define the maximum allowable storage capacity of motor fuel, and shall require adequate protection to control fumes, gases and vapors as recommended by the Chief of the Fire Department. The Planning Board shall make a written determination that the proposed use will not create a traffic hazard because of its location
	Motor vehicle, general repairs		CB	See definitions, § 500-43
	Printing shop		CA, CB	See definitions, § 500-43
	Industrial uses by special permit (see §§ 500-37 and 500-32)
	Industry		CA, IC	Conditions of the special permit shall include all the criteria listed in § 500-43 (definitions) of this bylaw
	Bulk storage		CA, IA, IB, IC	Subject to approved site plan indicating locations and quantities of bulk material, screen fencing and/or plantings, means of entrance and egress, provision for control of dust and air pollution. Permit not to exceed two years, subject to renewal
	Contractor's yard		CA, IB	Subject to approved site plan, limitations upon equipment, means of entrance and egress. Permit not to exceed two years, subject to renewal
	Transportation terminal		IB
	Warehouses		CA, IC	As accessory building only
	Radio transmission		CA, IB	Subject to site plan approval and limitations as to location and height
	Residential uses by special permit
	Dwelling, residential cluster (attached/detached)		RA, RB, RC, RD	Subject to special permit from Planning Board as the special permit granting authority (see § 500-22, Residential cluster development)
	Billboards		CA	The Planning Board shall consider the following in determining whether to issue a special permit for a billboard: (a) The impact the proposed sign will have on the purpose of this bylaw, neighboring properties, and the character of the area in which the proposed sign is to be located; (b) The location and visibility of the sign from any public way or public park; (c) The proximity of the proposed sign to existing signs, including, but not limited to, the proximity of the proposed sign to similar signs or signs constructed of similar materials; (d) The proximity and visibility of the proposed sign to residential uses; (e) The nature and condition of other structures or land uses on the site on which the proposed sign is to be situated and on neighboring sites; (f) Any public safety issues or concerns that may be created or impacted by the proposed sign; (g) The illumination of the proposed sign, if any, as well as its size, height, materials, color(s), and other aesthetic considerations; and (i) Any public benefit that the Town of Plainville may realize from the proposed sign.

§ 500-21 Earth removal.

A. All districts are subject to provisions of § 500-34, Earth removal regulations.

B. Special conditions.

(1) No special permit for earth removal shall be authorized unless the Planning Board finds that the proposed earth removal operation shall not be contrary to the best interests of the Town. For this purpose a removal operation shall be considered contrary to the best interests of the Town which:

(a) Will be injurious or dangerous to the public health or safety;

(b) Will produce noise, dust, or other effects observable as detrimental to the normal use of adjacent property;

(c) Will result in a change in topography and cover which will be disadvantageous to the most appropriate use of the land on which the operation is conducted; or

(d) Will have a material adverse effect on the health or safety of persons living in the neighborhood or on the use or amenities of adjacent land.

(2) Site plan, special permit and definitive subdivision. An approved plan, unless expressly waived as provided herein, shall be a condition to an earth removal special permit. The earth removal permit shall be included in such plan. Such plan shall be prepared by a registered engineer or a registered land surveyor, at a scale of 80 feet to the inch or larger, and shall include the following:

(a) Property lines, abutting owners of record, and buildings or other structures within 50 feet of site boundaries.

(b) Unique features of the area which may be affected by earth removal operations, such as landmarks, exposed ledges of geological significance, and control points and bench marks used in triangulation and topographical surveying.

(c) Adjacent public streets and private ways.

(d) Topographic mapping showing existing contours at intervals of not more than two feet and contours of finish grade after the conclusion of the operation.

(e) Proper provision for safe and adequate water supply and sanitary sewerage and for temporary and permanent drainage on the site.

(f) Proper provision for vehicular traffic and control of entrance and exits to public streets and private ways.

(g) Delineation of fence locations.

(h) A separate key sketch at a scale of one inch equals 2,000 feet with proposed earth removal site shaded to show relation of the surrounding road networks shall be shown on the plan. North points of the plan and key sketch shall be in the same direction.

(3) Waiver of site plan. The Planning Board may, after an on-site inspection of the site, waive the requirement of a site plan for the removal of earth from one location to another location within the boundaries of a single lot.

(4) Referral to municipal boards. The Planning Board shall refer earth removal special permit applications and the site plan to the Board of Health and the Conservation Commission for advisory reports. The Planning Board shall not take final action on such application until it has received reports thereon from the Board of Health and the Conservation Commission or until 35 days have expired from said referral date without the receipt by the Planning Board of such reports.

(5) Conditions to earth removal special permits. The Planning Board shall impose reasonable conditions to a special permit, including but not limited to the following:

(a) Removal operations shall not be conducted closer than 100 feet to a public street or private way adjoining property line, unless otherwise specifically provided for by the Board of Appeals.

(b) Hours of operation shall be designated.

(c) Routes of transportation of material shall be designated.

(d) Adequate provision shall be made for drainage during and after completion of operations.

(e) Lateral support shall be maintained for all adjacent properties, and no banks shall be left after completion of operations with a slope which exceeds one foot of vertical rise in two feet of horizontal distance.

(f) Maximum depth of any and all excavation shall at all times be at least four feet above the maximum ground water elevation.

(g) Off-street parking shall be provided.

(h) Any access to an excavated area or areas shall be adequately posted with "KEEP OUT — DANGER" signs.

(i) During operations, any excavation, quarry, bank or work face having a depth of 10 feet or more and/or creating a slope of more than 30° downward shall be fenced. Such fence shall be located 10 feet or more from the edge of said excavation and shall be at least six feet in height.

(j) Provision shall be made for the adequate control of dust during operations.

(k) Topsoil and loam from the site shall be stockpiled on the property and, as operations proceed, areas brought to grade shall be covered with at least four inches of topsoil and/or loam and seeded with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.

(6) Period of special permits. Any permit granted for earth removal shall be for a period not to exceed two years. For a continuation of an operation beyond the period designated in the initial permit, a new application must be made and a new permit granted in the same manner as for the initial permit, except that the Planning Board may waive requirements for submittal of a site plan. Such waiver must be granted in writing to the applicant by the Planning Board. All other provisions relating to operational standards and permit procedures shall apply.

(7) Performance bond. The Planning Board shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Planning Board as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the Town, to be held by the Town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until filed with the Planning Board and a certification from a registered engineer and an approval from the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit.

§ 500-22 Residential cluster development.

A. Statement of purposes. A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives:

(1) Flexible and sensitive site design;

(2) Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment;

(3) Enhancement of residential and community amenities by provision of open space;

(4) Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure;

(5) Promotion of diverse and energy-efficient housing at a variety of costs; and

(6) Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources.

B. Definition and applicability. Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A residential cluster development shall conform to the following conditions:

(1) Contain a minimum tract size of 10 acres in the RA, RB and RC Districts, and five acres in the RD District.

(2) The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by the Conservation Commission.

(3) A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open space may be wetlands, as defined in MGL c. 131, § 40, or water bodies.

(4) There shall be a minimum width of 50 feet of buffer area between attached cluster buildings and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters and streets year round.

C. Required open land.

(1) At least 40% of the tract (exclusive of land set aside for roads and parking) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use and shall not be wetlands or land subject to seasonal flooding.

(2) The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust, whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following:

(a) To a corporation or trust comprising a homes association whose membership includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land and shall grant a conservation restriction to the Town of Plainville over such land pursuant to MGL c. 184, §§ 31 to 33, to ensure that such land be kept in an open or natural state and not be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by MGL c. 184, § 33 and for perpetuity. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homes association is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Norfolk County Registry of Deeds a declaration of covenants and restriction which shall, at a minimum, provide for the following:

[1] Mandatory membership in an established homes association is a requirement of ownership of any lot in the tract.

[2] Provisions for maintenance assessments to all lots in order to ensure that the restrictions placed on the use of the open land will not terminate by operation of law.

[3] Provisions which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law.

(b) Any nonprofit organization, the principal purpose of which is the conservation of open space. The developer or charity shall grant a conservation restriction as set out in Subsection C(2)(a) above.

(c) To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space.

(3) Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed, subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity.

(4) All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles.

(5) The applicant shall submit a plan for maintenance of the open space area.

(6) The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park conservation or recreation purposes.

D. Lot and yard requirements.

(1) Attached cluster units shall not exceed a total of four units per building in the RA and RB Districts and six units per building in RC and RD Districts.

(2) These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Subsection B(2) of this section.

(3) Detached cluster units shall conform to § 500-17 except for the lot and yard requirements provided below:

LOT AND YARD REQUIREMENTS FOR DETACHED CLUSTER UNITS IN CERTAIN DISTRICTS
			RA, RB, RD	RC
	Minimum lot requirements
		Area (square feet)	20,000	N/A
		Width (feet)	80	N/A
		Frontage (feet)	80	N/A
	Minimum yard requirements
		Front (feet)	30	N/A
		Side (feet)	15	N/A
		Rear (feet)	25	N/A

	NOTE:
	N/A — Not allowed

(4) No building shall exceed two stories.

(5) Lots within a residential cluster development need not conform to the requirements of § 500-16A(1), Lot width, and § 500-16A(3), Lot shape factor. Instead, as part of the special permit approval, the Planning Board shall review each individual lot to ensure that adequate means of access to the proposed building site is provided. Common driveways may be utilized to minimize paved areas and enhance environmental protection. No lot configuration shall be approved that does not, in the opinion of the Planning Board, provide safe access to the building location or adequate buffering between dwellings.

[Added 6-4-2018 ATM by Art. 24]

E. Administrative procedures.

(1) The Planning Board, as the special permit granting authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk.

(2) The Planning Board shall not grant a special permit for a cluster development if it appears that, because of soil, drainage, traffic or other conditions affecting the site, the granting of such permit would be detrimental to the neighborhood or to the Town or inconsistent with the purposes of cluster development. In granting a special permit for cluster development, the Planning Board shall impose such conditions and safeguards as public safety, welfare and convenience may require.

F. Copy to Board of Health. A copy of the plans shall be submitted to the Board of Health. Binding review of cluster plans by the Board of Health shall be according to the provisions of the MGL c. 151, § 81U.

G. Review procedures. The SPGA shall review all applications for a residential cluster development to determine the sensitivity of the site to the following criteria:

(1) Compatibility with existing developments;

(2) Acceptance of design and layout of ways, streets and paving;

(3) That the projected traffic increase to the local road(s) is within the capacity of the existing network;

(4) Compliance with environmental standards; and

(5) Appropriateness of building and site design.

§ 500-23 (Reserved) [1]

[1] Editor’s Note: Former § 500-23, Phase development, was repealed 6-4-2018 ATM by Art. 26.

§ 500-24 Senior Village Overlay District.

[Amended 6-4-2018 ATM by Art. 27; 11-26-2018 STM by Art. 2; 5-19-2025 ATM by Art. 33]

A. Purpose.

(1) A senior housing development (SHD), as approved by the special permit granting authority (the Planning Board), is intended: to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties, encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a preferred alternative housing type in order to better meet the specific housing needs of this segment of the population and to promote better utilization of land in harmony with its natural features and to retain the rural character of the Town.

(2) Where feasible, new homes shall be organized around traditional village streets. The dwelling units shall be of high quality construction with care being taken in landscaping efforts to retain as much as possible the natural topography of the village environs. To enhance the village concept, the developer should be encouraged to employ historic, traditional and complementary style, colors and exterior lighting for all the units as well as streetlighting.

B. General standards. No special permit shall be issued for a SHD use unless the standards set forth below are satisfied, and in addition, no such special permit shall be issued unless all of the criteria for issuance of a special permit as set forth under this Zoning Bylaw and under MGL c. 40A have been satisfied.

(1) Minimum tract size. A tract of land consisting of not less than 10 acres within residential zoning districts may be developed for the construction of a senior housing development (SHD).

(2) Location. The SHD is an overlay zoning district that shall be superimposed on the Single-Family Residential Districts RA and RB, and the General Residential Districts RC and RD of the Town of Plainville.

(3) Development under the SHD Bylaw may only be authorized by a special permit granted by the Planning Board.

(4) No building in the SHD shall be more than two stories in height. "Basement" or "Cellar" shall not be considered a story per this requirement.

(5) All dwelling units shall be detached from others or attached only along sidewalls in the so-called "townhouse" style.

(6) No unit in the development shall have more than two bedrooms.

(7) No dwelling shall contain less than 1,000 square feet of living area or more than 2,400 square feet of living area. At least 66% of the living area in each unit shall be located on the first floor.

(8) The lot or lots on which a retirement community is located shall contain at least 5,000 square feet of upland area per unit in the SHD. "Upland area" shall be as defined in § 500-16A(2).

(9) Maximum density ratio: The maximum density ratio in the SHD shall be no greater than four residential units per acre of usable land.

(10) Occupancy qualifications. All SHD dwelling units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document approved by the Planning Board that shall be recorded at the Registry of Deeds or Land Court. Such restriction shall be in accordance with the Federal Fair Housing Act, 42 USC Section 3607(b), as amended, the regulations promulgated thereunder at 24 CFR 100, 300 et seq., Subpart E - Housing for Older Persons, as amended, and the Massachusetts Fair Housing Law, M.G.L. c.151B, Section 4, but shall require that one hundred percent (100%) of all SHD dwelling Units shall be occupied by at least one individual who is fifty-five (55) years of age or older. The special permit including the age restriction shall run with the land in perpetuity and shall be enforceable by any owner(s) of SHD dwelling units. In the event of the death of the qualifying owner or occupant(s) of a dwelling unit, or foreclosure or other involuntary transfer of a unit within the SHD, a one-year exemption to the restriction shall be allowed for the transfer of the unit to another eligible occupant.

C. Density incentives.

(1) Basic senior village bonus. A senior village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a senior village, a proposal shall, at a minimum: a) set aside 10% of the total number of dwelling units provided on the site as affordable housing as defined in this section; and b) provide a minimum of 40% of the lot area as permanent, protected open space conforming to the open space standards as set forth in this section. The minimum forty-percent open space requirements may be waived by the Board if the proposed senior village is within the RD General Residential District and includes the rehabilitation or renovation of a certified historic or architecturally significant structure for use as senior housing. This enhanced base density for senior villages may be further increased according to the provisions below pertaining to additional affordable housing, additional open space dedication, and rehabilitation of existing buildings.

(2) Additional affordable housing. In addition to the minimum requirement of ten- percent on-site affordable housing, a density increase is permitted where proposals provide on- site housing opportunities for low- or moderate-income senior households. For the purpose of this section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the senior village and shall be externally indistinguishable from the market-rate units. If the affordable units are part of a condominium, the condominium documents shall, at a minimum, ensure that the owners of the affordable units will not be required to pay for capital improvements they cannot afford and that they will have fair and sufficient voting rights. The property owner shall seek referrals for the affordable units from the Plainville Housing Authority and shall submit an annual report to the Plainville Housing Authority, detailing compliance with the affordable housing provisions of the senior village approval. The Plainville Housing Authority shall be responsible for monitoring the long-term affordability of the units and shall report any deviations from these provisions to the Inspector of Buildings and the Board. The amount of density increase shall be calculated as follows:

(a) For each affordable housing unit provided under this section, two additional housing units may be permitted up to the maximum permitted under this section.

(b) For each affordable housing unit where, by deed restriction, Plainville residents have first right of refusal, two and 2.5 housing units may be permitted up to the maximum permitted under this section. The density bonuses above are not to be combined. Under no circumstances shall one affordable unit allow more than 2.5 additional units.

(3) Affordable housing alternatives. The affordable housing requirements set forth in Subsections C(1) and (2) above may be reduced by the Planning Board if the Board finds that one of the options set forth below will provide a more beneficial alternative to addressing the Town's affordable housing needs, subject to consent by the developer.

(a) Payment in lieu of housing: The developer may make a cash payment to the Town of Plainville in lieu of constructing affordable units. The payment shall be used solely for the purposes of providing affordable housing units in the Town, and the amount of the payment shall be determined by the Planning Board.

(b) Reduction in the number of required units: Affordable housing units are defined in § 500-24C(2) as units affordable to households earning up to 80% of the median area household income. At the discretion of the Planning Board, the number of required units may be reduced if the sales and/or rental price of units is reduced below this threshold.

D. Site development standards.

(1) Site context plan. A plan showing the location of the proposed development within its neighborhood context shall be submitted. For sites less than 100 acres in area, such plans shall be at a scale not less than one inch equals 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on a site context plan include: topography (from United States Geological Survey plans), stream valleys, wetland complexes, woodlands, high points, knolls and ridgelines, and public roads and trails, utility easements and right-of-ways, public land and land protected under conservation easements or other methods of protection. All information may be obtained from existing resources.

(2) Each building in the senior village shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure and a side yard of not less than 10 feet from the edge of the paved way to the closest point of the structure. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

(3) Each building in the senior village shall be set back a minimum of 50 feet from the senior village's perimeter lot line(s). This minimum setback shall be increased by five feet for each foot the proposed building is over 30 feet in height. The maximum height of any structure in a senior village shall be no greater than 35 feet. The setback area shall be maintained as natural open space or as densely planted landscaped buffer. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

(4) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of roads and building configuration rather than as malleable elements that can be changed to follow a preferred development scheme. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw.

(5) Parking. Within the SHD, a minimum of two parking spaces shall be required for each dwelling. Each parking space shall have adequate area for backing and maneuvering. The garage space shall not be included as a parking space. Each parking space shall have an area of not less than 10 feet wide and 19 feet long. The parking area shall be paved and connected with a paved driveway to the roadway within the development. In order to reduce impervious area within the development, common driveways are encouraged. The Planning Board shall, as a condition of its special permit, require additional off-street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the Planning Board shall, as a condition of the special permit, require the adoption of legally enforceable condominium bylaw regulations to limit or prohibit the presence in the SHD community, either entirely or except in designated locations, of boats, boat trailers, campers or other recreational vehicles. Commercial vehicles in excess of 10,000 pounds are prohibited from parking in the SHD.

(6) The Planning Board may, as a condition, require that all utilities be installed underground. Each unit site shall be provided with a sanitary sewer service for the disposal of sanitary wastewater through a municipal system or on-site septic system. The method of sanitary wastewater disposal shall conform to all the requirements of the Plainville Board of Health and Water and Sewer Department.

(7) The Planning Board may, as a condition, require that no dwelling unit have an exterior radio, television, dish-type antenna or window air conditioner.

(8) Accessways. Roads and driveways within a SHD shall meet such width, size, grades, radius of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

(9) Roads, drainage, driveways. Within the SHD, all roads, drainage systems and driveways shall be maintained by the governing body or its designee. They shall be kept passable and in good condition at all times. Snow and ice removal shall be done by the permittee as part of the normal road and driveway maintenance. It is intended that all improvements within the development remain in private ownership and be maintained by the governing body or it designee.

(10) Open space. Within the SHD, all open space shall be integrated within and around the development. Additionally, not less than 40% of the total land area contained within the development shall be designated as open space, and further provided that no less than 75% of the designated open space land shall be upland suitable for use for passive and/or active recreational purposes. Area used for roadway layout, community buildings and common facilities shall not be used as open space area or site area.

(11) Community building. Within the SHD, there shall be a community building(s) and recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 square feet. Use of the community building(s) or facilities is specifically limited by this bylaw to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the special permit application and must be specifically approved by the Planning Board as an integral part of the special permit.

(12) Business. Within the SHD, no business of any kind is to be conducted unless specifically authorized by the special permit herein granted.

(13) Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

E. Special permit conditions.

(1) The Planning Board shall, as a permit condition, require that all proposed condominium bylaws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers or recreational vehicles, be made a part of the special permit and that any change to or failure to enforce said provisions shall be violation of said special permit.

(2) The Planning Board may, as a permit condition, require that the proposed SHD community be constructed entirely on one lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed. Said master deed shall be submitted to the Planning Board at the time of submittal of the application.

(3) The Planning Board may, as a condition of any special permit, require that the land area on which the SHD is located be permanently maintained as one undivided lot or, within a condominium, as one undivided condominium unit, or require such other legal mechanism as will, in the opinion of the Planning Board, assure that the said SHD will not be subdivided or its ownership further condominiumized, that said SHD will remain as rental housing, and that ownership of said SHD will remain consolidated.

(4) No special permit shall be issued without appropriate restrictions to ensure that the provisions of this section are made binding upon the applicant and his/her successor and heirs.

(5) No special permit shall be issued without the local Housing Authority being authorized as the agency responsible for monitoring the affordable housing component of the proposal. A fee may be applied, as per the local Housing Authority requirements.

F. Application process.

(1) The application process for a SHD development shall be by submission of an application for a special permit and the filing of a special permit. The plan must be prepared and stamped by a professional landscape architect in addition to a civil engineer or land surveyor, all registered in Massachusetts, and shall meet all the requirements of a special permit as specified in the Plainville SHD Rules and Regulations to the extent applicable.

(2) The applicant shall also simultaneously file copies of its application and special permit with the Board of Health, Conservation Commission, Building Inspector, Fire Department, Housing Authority, Town Clerk, Police Department, Highway Department and Water and Sewer Department, for their review, consideration and report.

(3) Applicant qualifications. The applicant for a special permit for a SHD shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such special permit and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development. The Planning Board shall establish fees to be paid in conjunction with an application for special permit hereunder.

(4) Occupancy conditions: No certificate of occupancy, temporary or permanent, shall be issued for any unit in the SHD until all deed restrictions, covenants, easements, transactions and/or other documents necessary to ensure compliance by the applicant with the requirements of this section have been submitted and executed.

G. Definitions.

ADULT DAY-CARE FACILITY

A facility that offers to seniors daytime programs, health care and assessment, personal care, social programs, recreational activities, and meals and transportation, but does not provide a residence or overnight accommodations.

ASSISTED LIVING or CONGREGATE LIVING RESIDENCE FACILITY

An assisted living residence facility, as defined by MGL c. 19D.

CAFETERIA/DINING ROOM

A facility for the sale of prepared food and drink, primarily for the use of occupants of the site. Such facility may be found in schools, office buildings, senior housing establishments and other like uses.

CONTINUING CARE OR LIFE CARE RETIREMENT FACILITY

A facility that includes a combination of types of dwellings or a lifetime continuum of accommodations and care for senior residents, including independent living, assisted/congregate living, and long-term care facilities.

GROSS SITE ACRE

The total number of acres on a site, including wetlands and otherwise encumbered property.

HOME SITE

A specific lot within a senior village residential subdivision that is designated for the placement of a single-family dwelling.

INDEPENDENT LIVING RESIDENCE FACILITY

A facility that provides residential accommodations for senior adults who are in good health and do not require medical or skilled nursing care. Residents shall have individual living units with living, sleeping, bathroom and kitchen facilities. The independent living residence facility may include a senior village community center or community building(s), or similar common areas such as a common dining facility, and space for the provision of social, psychological and educational programs. The facility may provide home health care or other community-based services on an individual basis and offer meals, linen and housekeeping services. The independent living residence facility may provide for a superintendent or for maintenance staff, but there shall be no on-site residence of medical or other staff.

LONG-TERM-CARE FACILITY

A building or group of buildings which is licensed or approved by the Massachusetts Department of Public Health to provide twenty-four- hour, intensive, skilled and supportive nursing care, convalescent or chronic care under medical supervision to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. A long-term care facility also typically provides personal care services in a supervised environment and may contain common areas for therapy, recreation and dining. Further, the facilities may also include on- premises medical offices and treatment facilities related to the care of the residents.

SENIOR

An individual who is 55 years of age or older.

SENIOR VILLAGE

See "senior village planned unit development."

SENIOR VILLAGE COMMUNITY CENTER OR COMMUNITY BUILDING(S)

A building or group of buildings, erected primarily for the use of the residence of a single senior village and their guests, that provides educational, recreational or social services that may include, but are not necessarily limited to: senior village residential services, library, place of worship, game room, entertainment room, kitchen, cafeteria or dining room, pool, toilet facilities, and similar facilities.

SENIOR VILLAGE PLANNED UNIT DEVELOPMENT (SENIOR VILLAGE)

A master-planned development of land as a unified, self-contained, residential community, constructed expressly for use and residence by persons who have achieved a minimum age requirement for residency of 55 years or older, in accordance with MGL c. 151B, § 4, Subsection 6, and also incorporating the preservation of natural open space areas as an integral element of the development. A senior village shall be permitted only within a senior village overlay district and only upon the granting of a special permit by the Planning Board.

SENIOR VILLAGE RESIDENT SERVICE(S)

Services and facilities operated and constructed to primarily serve the residents of a single senior village. Such services and facilities may include, but are not necessarily limited to: adult education, adult day care, transportation services; laundry facilities; financial services; medical evaluation; home health care services; meals on wheels program; exercise or physical therapy center; recreational and educational activities; and other similar services or activities.

SENIOR VILLAGE RESIDENTIAL SUBDIVISION

A subdivision of land within a senior village that results in the creation of individual lots to serve as home sites upon which individual single-family dwellings are to be constructed for residence by seniors. The individual's single-family dwellings may be detached homes, attached or semiattached townhouses or other building type(s) approved by the Planning Board that is/are each designed for occupancy by an individual family.

SENIOR VILLAGE TOWNHOUSE

A one-family dwelling unit which is part of a structure whose dwelling units are attached or semiattached to one another and with each dwelling unit having at least one floor at ground level with a separate, private entrance. A townhouse may be constructed on its own individual and separate lot or may be one of several individual dwellings on a common lot.

§ 500-25 Affordable housing.

A. Purpose and intent. The purpose of this bylaw is to provide housing in the Town of Plainville that is affordable to low- or moderate-income households. It is intended that the affordable housing units that result for this bylaw shall qualify as Local Initiative Units (LIP) in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count towards the Town's requirements under MGL c. 40B, §§ 20 to 23.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING UNIT

A dwelling unit available at annual cost of no more than 30% of gross household income of households at or below 80% of the Metropolitan Statistical Area (MSA) median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL c. 40B, §§ 20 to 23 and/or the commonwealth's Local Initiative Program (LIP).

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER or TENANT

An individual or family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United State Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).

C. Applicability.

(1) Division of land. This bylaw shall apply to the division of land held in single ownership as of June 12, 2006, or anytime thereafter, into eight or more lots, whether such lots are created at one time or cumulatively from said land held in single ownership and shall require a special permit or definitive subdivision permit. The permit shall be required for land divisions under MGL c. 40A, § 9, as well as for "conventional" divisions allowed by MGL c. 41, §§ 81-L and 81-U, including those divisions of land that do not require subdivision approval. The Plainville Planning Board shall be the permit granting authority for all permits under this bylaw.

(2) Multiple units. This bylaw shall apply to the construction of eight or more multifamily dwelling units, whether on one or more contiguous parcels, in existence as of June 1, 2006, and shall require a special permit.

D. Mandatory provision of affordable units. The Planning Board shall, as the permit granting authority, as a condition of approval of any division of land or construction of multiple units referred to in Subsection C(2) above, require that the applicant for approval of a permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Subsection E below.

E. Provision of affordable units. The Planning Board shall deny any application for a special permit, definitive subdivision or site plan under this bylaw if the applicant does not comply, at a minimum, with the following requirements for affordable units:

(1) At least 10% of the lots in a division of land or units in a multiple unit development subject to this bylaw shall be established as affordable housing units in any one or a combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded to the nearest whole number such that a development proposing eight dwelling units shall require one affordable unit, a development proposing 15 dwelling units shall require two affordable units, and so on.

(2) The affordable units shall be constructed or rehabilitated on the subject property or on a different property in the Town of Plainville, subject to review and approval by the Planning Board.

F. Provisions applicable to affordable housing units on and off site.

(1) Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated with the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.

(2) Minimum design and construction standards for affordable units. Affordable units within market-rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units. Interior feature of affordable units shall comply in all respects to the minimum design and construction standards set forth in the Local Initiative Guidelines by the Division of Housing and Community Development, July 1996, as amended.

(3) Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

	Market-Rate Units (%)	Affordable Housing Units (%)
	Up to 30%	None required
	30% plus 1 unit	At least 10%
	Up to 50%	At least 30%
	Up to 75%	At least 50%
	75% plus 1 unit	At least 70%
	Up to 90%	100%
	Faction of units shall not be counted

G. Local preference. The permit granting authority shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen.

H. Marketing plan for affordable housing units. Applicants under this bylaw shall submit a marketing plan or other method approved by the permit granting authority, which describes how the units will be marketed to potential homebuyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations.

I. Provision of affordable housing units off site. Subject to the approval of the SPGA, an applicant subject to this bylaw may develop, construct or otherwise provide affordable housing units equivalent to those required by Subsection E off site. All requirement of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the permit review and approval process.

J. Maximum income and selling price: initial sale.

(1) To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state tax returns for the household and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent and, within 30 days following transfer of title, to the Plainville Housing Authority, that his/her annual household income level does not exceed the maximum level as established by the commonwealth's Division of Housing and Community Development and, as such, may be revised from time to time.

(2) The maximum price or rent of the affordable units created under this bylaw is established by the commonwealth's Division of Housing and Community Development and, as such, may be revised from time to time.

K. Preservation of affordability: restrictions of resale. Each affordable unit created in accordance with this bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordably income households.[1] The resale controls shall be established through a deed restriction on the property acceptable to DHCD recorded in the Norfolk County Registry of Deeds and shall be enforced for a period of 99 years or as long a period as is lawful, which is greater.

(1) Resale price. Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sale price as determined by the DHCD for affordability within the Town of Plainville at the time of resale.

(2) Right of first refusal or purchase. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town granting, among other things, the Town of Plainville's right of first refusal for a period not less than 180 days to purchase the property or assignment thereof in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

(3) Renting. The Planning Board shall require, as a condition for grant of the permit under this bylaw, that the deeds to the affordable housing units contain a restriction requiring that any subsequent renting or leasing of said affordable housing units shall not exceed maximum rental price as determined by the DHCD for affordability within the Town of Plainville.

(4) The Planning Board shall require, as a condition for grant of the permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions of affordability. The Building Inspector shall not issue any building permit for any unit until the permit and deed restrictions are recorded in the Norfolk Registry of Deeds or Land Court.

[1] Editor's Note: So in original.

§ 500-25.1 Accessory dwelling unit.

[Added 5-19-2025 ATM by Art. 31]

A. Purpose and Intent.

(1) An Accessory Dwelling Unit (ADU) is an alternative type of housing that provides Plainville with additional housing supply options without requiring additional land development. The design and implementation of an ADU is expected to fit on a lot in a single-family residential zoning district.

(2) ADUs are permitted As of Right per Massachusetts General Laws (MGL), Chapter (c) 40A, §§ 1A and 3.. The Town has established § 500-25.1 of these Zoning Bylaws in addition to 760 CMR 71.00 in order to provide further guidance and to reasonably regulate the construction of ADUs within single-family zoning districts, while preserving the residential character of a neighborhood.

(3) Nothing within this Bylaw shall be construed to conflict with MGL c 40A, or 760 CMR 71.00.

B. Definitions. The following terms shall have the following meanings for the purposes of this bylaw.

ACCESSORY DWELLING UNIT (ADU)

A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that: (a) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the Building Code for safe egress; (b) is not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller; and (c) is subject to such additional restrictions as may be imposed by a municipality including, but not limited to, additional size restrictions, and restrictions or prohibitions on Short- term Rental as defined in section 1 of chapter 64G; provided, however, that no Municipality shall unreasonably restrict the creation or rental of an ADU that is not a Short-term Rental.

BUILDING, ATTACHED

A building having any portion of one or more walls in common.

BUILDING, DETACHED

A building completely surrounded by open space on all sides.

DWELLING UNIT

A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. This definition does not include a trailer, however mounted.

LOT

An area of land within definite boundaries that is used, or available for use, as the site of a structure or structures, regardless of whether the site conforms to requirements of Zoning.

PRINCIPAL DWELLING

A structure that contains at least one Dwelling Unit and is located on the same lot as an ADU.

PROTECTED USE ADU

An attached or detached ADU that is located, or is proposed to be located, on a Lot in a Single-family Residential Zoning District and is protected by M.G.L. c. 40A, § 3, provided that only one ADU on a lot may qualify as a Protected Use ADU. An ADU that is nonconforming to Zoning shall still qualify as a Protected Use ADU if it otherwise meets this definition.

SINGLE-FAMILY DWELLING

A structure on a Lot containing not more than one Dwelling Unit.

SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

Any Zoning District where Single-Family Residential Dwellings are a permitted or an allowable use, including any Zoning District where Single-Family Residential Dwellings are allowed as of right, by special permit, variance, waiver, or other zoning relief or discretionary zoning approval.

TRANSIT STATION

A Subway Station, Commuter Rail Station, Ferry Terminal or Bus Station.

C. Procedural Requirements:

(1) A Building Permit application for an ADU shall be filed with the Building Commissioner.

(2) The ADU shall comply with the dimensional standards in § 500-17 and the use regulation schedule in § 500-19.

(3) The ADU and the principal dwelling shall remain on the same Lot and shall not be divided onto two (2) separate lots.

(4) The Zoning Board of Appeals shall make a finding, when applicable, on the placement or addition of an ADU on a pre-existing non-conforming lot in accordance with MGL Chapter (c) 40A, § 6.

D. Use and Dimensional Requirements.

(1) The Building Commissioner shall issue a Building Permit authorizing the installation and use of an Protected Use ADU to a principal dwelling in a single-family zoning district provided the following conditions are met.

(a) The Protected Use ADU shall only be located in a single-family residential zoning district on a lot with an existing principal dwelling. The principal dwelling shall be the primary use while the Protected Use ADU shall be an considered an accessory.

(b) The Protected Use ADU may be located in the principal dwelling.

(c) The principal dwelling may be altered to include a Protected Use ADU.

(d) The Protected Use ADU shall consist of a complete, separate housekeeping unit containing both kitchen and bath.

(e) The habitable area of the Protected Use ADU shall not exceed 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.

(f) All Protected Use ADUs must comply with all applicable requirements of law including of those of the building, fire, sanitary, department of public works, and stormwater state codes and/or local Bylaw, regulations, and policies.

(g) The Protected Use ADU is located on the lot so it does not impede vehicular access and circulation of the Lot, roadways, and sidewalks.

(h) Sufficient and appropriate space for one (1) additional parking space shall be provided by the owner to serve the Protected Use ADU on a lot located outside a .5-mile radius of a Transit Station; lots within a 0.5-mile radius of a Transit Station shall have no requirement to provide for such an additional parking space. Said parking space shall have vehicular access to the driveway. Stacking of vehicles for the different dwelling units shall not be allowed. A separate driveway opening for the ADU shall not be allowed.

(i) The use of any ADU for short-term rentals, as defined in MGL Chapter 64G Section 1, shall be prohibited.

(2) The Protected Use ADU shall comply with the dimensional requirements pursuant to § 500-25.1(C)(2). In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Building Commissioner may allow for reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.

(3) Prior to the issuance of a Building Permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building.

E. ADU Special Permit.

(1) Pursuant to MGL Chapter 40A Section 3A, more than one ADU within a single-family home or house lot shall require a Special Permit pursuant to MGL Chapter 40A Section 9 and § 500-20 of the Town of Plainville Zoning Bylaws.

(2) Special Permit Granting Authority. The Planning Board shall act as the special permit granting authority for applications submitted under this section of the Zoning Bylaw and may adopt and from time to time amend reasonable regulations for the administration of this bylaw.

F. Administration and Enforcement.

(1) It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw.

(2) No building shall be changed in use or configuration until the Building Commissioner has issued a permit. No building permit shall be issued until water, sewer, septic, and/or Title V connection permit, when applicable, has been first obtained from the Department of Public Works and/or Board of Health. Any building alteration shall conform to all adopted state and town laws, bylaws, codes and regulations. No building shall be occupied until a certificate of occupancy has been issued by the Building Commissioner where required.

(3) The Building Commissioner shall refuse to issue any permit, which would result in a violation of any provision of this chapter or in a violation of the conditions or terms of any special permit or variance granted by the Zoning Board of Appeals or its agent.

(4) The Building Commissioner shall have the authority to issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this chapter.

§ 500-26 Town Center District.

A. Scope. To regulate development within the Town Center District, and to protect the public health, safety, and general welfare in the Town of Plainville by establishing controls that will facilitate development while protecting the public interest, setting limits on the density and amount of each use while permitting flexible development.

B. Purpose. The purposes of the Town Center District are to encourage redevelopment and infill development in the Town Center area in a manner that protects and enhances the value of land and buildings and provides for a variety of business and residential uses; and toward these ends, to establish distinctive dimensional and design standards that reinforce and foster aesthetic and functional improvements to the Town Center. The intent, furthermore, is to encourage interaction among activities located within the area, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located.

C. Approving authority. The Planning Board shall act as the approving authority and special permit granting authority (SPGA) for applications submitted under this section of the Zoning Bylaw and may adopt and from time to time amend reasonable regulations for the administration of this bylaw. The regulations shall contain detailed requirements governing applications for review, which shall include, but need not be limited to, the following:

(1) The content of plans;

(2) The designation of proposed building locations showing setbacks from property lines;

(3) Proposed building elevations;

(4) The designation of existing structures located within 100 feet of all property lines;

(5) Location and design characteristics of proposed roads, lighting, facilities for pedestrian movement, driveways, and parking areas;

(6) Existing and proposed site grades with contour elevations in two-foot increments;

(7) Identification of wetlands affected by or adjoining the proposed project;

(8) Utility service to the proposed project and drainage plans and calculations;

(9) Traffic studies relating to the proposed project;

(10) Landscaping and screening plans for the proposed project including trees to be removed and retained;

(11) Loading and unloading facilities;

(12) Provisions of refuse removal;

(13) Earth removal regulation; and

(14) Other information as may be necessary to determine compliance with the provisions of this bylaw.

D. General requirements and applicability. All land located within the Town Center District shall be subject to the use restrictions or prohibitions as identified in § 500-26E, Use regulations, below. Commercial or residential uses not specifically permitted in these schedules may be allowed only by special permit issued by the SPGA. Proposed uses that require special permit approval in the TC District are not required to obtain the special permits described in § 500-36 (Groundwater Protection District), § 500-37 (Community and water resource protection), § 500-40 (Floodplain review), § 500-21 (Earth removal) and § 500-34 (Earth removal regulations). However, where they are applicable, the purpose and use regulations of those sections shall be met by proposed TC developments, and the review procedures shall be incorporated by the Planning Board into their review of TC proposals.

[Amended 6-6-2016 ATM by Art. 49; 11-15-2021 STM by Art. 17]

E. Use regulations. To promote a mixture of uses to reduce vehicle trips, such that residents and area employees can walk to needed services and amenities, and to conversely provide a built-in demand for the local commercial and retail uses:

(1) Preferred uses permitted as-of-right in mixed use development or mixed use infill. The following uses are preferred and may be developed as-of-right, subject to the performance and development standards of § 500-26G herein.

(a) Single-family or two-family residential uses located on second or third floors only. Single-family or two-family uses that are legally permitted and/or grandfathered in the TCD zone as of 11-15-2021 are permitted uses, and buildings with those uses may be expanded by right, subject to the dimensional setbacks of the TCD, even if the residential use is on the first floor. Grandfathered single-family homes may be converted or expanded into two-family homes by right.

[Amended 11-15-2021 STM by Art. 17; 6-6-2022 ATM by Art. 28]

(b) Commercial uses. A building or buildings complying with the dimensional regulations set forth in § 500-26F(2) and containing one or more of the following uses on the first or second floors only:

[1] Retail store for the sale of food, drug and proprietary goods, up to a maximum of 7,500 square feet of net floor area for an individual retail establishment;

[2] Restaurant or other place serving food, where food service is located entirely within the building or on a patio or outdoor seating area operated in connection with an indoor-service restaurant, up to a maximum of 3,500 square feet of net floor area for an individual restaurant establishment;

[3] Bakery, deli, coffee shop, ice cream shop, sandwich shop, or similar establishment in which all or a majority of the food service is food to be consumed off the premises, but not including drive-through food service;

[4] Business or professional office;

[5] Post office;

[6] Governmental services;

[7] Personal service, such as a beauty salon or barbershop, which includes the sale of related goods; or dressmaking, dry-cleaning and pressing or tailor shop where no work is done on the premises for retail outlets elsewhere. No dry cleaning to be done on premises;

[8] Laundromat;

[9] Inn or bed-and-breakfast facility;

[10] Bank, including manned or automated drive-up facilities that are attached to the rear or side of a full-service banking office with no vehicles permitted to queue on the street;

[11] Automated teller machine (ATM), not attached to a full-service banking office, provided that public access is available only from within a building and is operated as incidental to other uses in the same building;

[12] Printing or copying shop;

[13] Repair shop, such as shoe repair, appliance or electronic repair, jewelry repair, with a maximum gross floor area of 1,000 square feet;

[14] Business or professional offices, artist studios and galleries;

[15] Religious uses; or

[16] Funeral home.

(c) Vertical mixed use development, each use complying with the above standards.

(d) Accessory uses incidental to a permitted use.

(e) Uses exempt under M.G.L. c. 40A, sec. 3.

(f) Uses such as parks, landscaped open space, outdoor passive recreational, and other similar uses of low impact.

[Added 6-6-2022 ATM by Art. 28]

(g) Farmers markets, craft stands, food trucks, festival stands, and other similar uses of low impact, subject to a review by the Building Inspector and Planning Department to ensure the layout and construction provide adequate public safety.

[Added 6-6-2022 ATM by Art. 28]

(2) Uses that require special permit approval in mixed use development or mixed use infill. The following uses may be allowed by special permit:

(a) For any permitted commercial retail first floor use subject to a maximum net floor area requirement under Subsection E(1) above, the Planning Board may grant a special permit to authorize an increase in net floor area.

[Amended 6-6-2022 ATM by Art. 28]

(b) Structures to contain three or more residential dwelling units, provided that:

[Amended 11-15-2021 STM by Art. 17]

[1] Residential units shall be located on the second or third floors;

[2] The maximum coverage of the lot by buildings and structures shall be 45% of the total lot area and the minimum landscaped area shall not be less than 25% of the lot area. A reduction of the minimum landscaped area may be approved by special permit from the Planning Board after a review of the proposed neighborhood impacts, site landscaping and site layout;

[3] Residential uses are allowed on the first floor on lots that do not front on South Street or West Bacon Street.

[Added 6-6-2022 ATM by Art. 28]

[4] No building in a group shall be closer to any other building on the lot, or a building on an adjacent lot, than a distance of 30 feet, unless otherwise approved by special permit from the Planning Board after a review of public safety impacts;

[5] There shall be provided a permanent off-street parking area, indoors and/or outdoors at the rear of the building sufficient in size to allow two parking spaces for each dwelling unit to be accommodated, unless otherwise permitted under § 500-31C, or unless otherwise approved by special permit from the Planning Board after a review of the site plan, parking, layout, impact on abutting properties, and site aesthetics impacting the overall TCD;

[6] Elevations and floor plans shall be submitted in addition to all other requirements for a site plan as provided in § 500-39, Site plan review. The TCD allows denser development than in the remainder of the Town, and the Board shall review the architectural plans to ensure compliance with the intent of the TCD, which is further detailed in § 500-26B and § 500-26G(3)(f)[1] and [2]; and

[7] Residential units, including accessory residential uses, may be permitted on the first floor, provided that the building closest to the street contains a space large enough for viable commercial usage on that portion of the building containing a length equal to at least 30% of the lot frontage, or 24 feet, whichever is greater. Corner lots need only comply with this requirement on one of the street frontages.

(c) Remodeling an existing dwelling or structure accessory to an existing dwelling to accommodate one additional dwelling unit, provided that:

[1] The building was in existence on January 1, 1965;

[2] The lot is in compliance with § 500-26F, Density and dimensional regulations, of this bylaw;

[3] No more than 45% of the lot area is covered by structures;

[4] There is at least one off-street parking space for each dwelling unit contained in the structure;

[5] Outside storage areas shall be screened by fencing or landscaping;

[6] The principal structure to be converted shall contain at least 2,500 square feet;

[7] No unit shall have a gross floor area of less than 350 square feet plus 100 square feet for each bedroom in excess of one;

[8] The gross floor area of the newly created unit(s) shall be less than 50% of the total gross floor area of the principal dwelling unit, after conversion;

[9] The exterior appearance of the structure shall not be altered except for stairways and exits required by law;

[10] One unit shall be occupied by the owner of the property, or, in the case of a realty trust, corporation or partnership, corporation or partnership, a beneficiary, shareholder or partner, respectively; and

[11] If the second unit is discontinued and integrated into the original structure design, the owner shall notify the Inspector of Buildings in writing.

(d) Drive-through service for a commercial establishment such as a pharmacy, located in the rear or side of the building, but not a drive-through bakery or food service establishment.

(e) Recreational, social, or cultural facilities such as theaters, playhouses, band shells, outdoor pavilions, museums and community centers.

(f) Undertaking establishment.

(g) Commercial or residential rooftop uses.

[Added 6-6-2022 ATM by Art. 28]

(h) Other commercial or residential uses as may be permitted by the SPGA under § 500-19, Use Regulation Schedule.

[Amended 6-6-2022 ATM by Art. 28]

(3) Prohibited uses:

(a) Adult entertainment uses.

(4) Same-structure/on-site mixed use. To promote the mixture of uses to reduce vehicle trips, such that residents and area employees can walk to needed services and amenities, and to conversely provide a built-in demand for the local commercial and retail uses:

(a) Within the district there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations.

(b) Uses must follow the performance and development standards of § 500-26G.

F. Density and dimensional regulations. To promote increased density where utility and transportation infrastructure already exist, to better accommodate future growth and the clustering of buildings and mixing of uses in exchange for some portion of land to be set aside as public area or green space.

(1) Densities.

(a) Residential or mixed use developments within this district shall provide dwelling units at the following minimum and maximum levels of density:

[1] For single-family residential (including accessory apartments): at least two dwelling units per acre of developable land;

[2] For two-family and/or three-family residential: at least four dwelling units per acre of developable land;

[3] For multifamily residential: at least four dwelling units per acre of developable land.

(b) Where a development project involves an entire block or multiple contiguous blocks, minimum densities shall be calculated on the development of the area as a whole.

(2) Dimensional regulations. To produce variety and visual interest in site planning, developers are encouraged to provide a range of lot sizes, frontage widths, setbacks, and heights, within these parameters:

(a) Minimum lot area: 5,000 square feet.

(b) Minimum lot frontage: 60 feet.

(c) Building height.

[1] Minimum for all uses: 1.5 stories (18 feet).

[2] Maximum for by right uses [§ 500-26E(1)]: two stories (24 feet).

[3] Maximum for uses requiring special permit [§ 500-26E(2)]: three stories (36 feet).

(d) Minimum setbacks.

[1] Front yard: one- to two-story buildings: three feet to five feet; three-story buildings: eight feet.

[2] Side yard, all uses: zero feet.

[3] Rear yard, all uses: 20 feet as buffer for parking; 30 feet when abutting residential zone.

(e) Maximum setbacks.

[1] Front yard, all uses: 15 feet, unless a greater setback is allowed via special permit.

[Amended 11-15-2021 STM by Art. 17]

(f) Maximum building coverage.

[1] Residential: 45% of lot area.

[2] Business/mixed use: N/A.

(g) Maximum lot coverage. (Lot coverage includes buildings, parking, sidewalks and other similar non-landscaped areas.)

[Amended 11-15-2021 STM by Art. 17]

[1] Residential: 75%.

[2] Business/mixed use: 75%, unless otherwise approved by special permit from the Planning Board.[1]

[1] Editor's Note: Former Subsection F(2)(h), Modified setback, maximum/minimum requirements, which immediately followed this subsection, was repealed 11-15-2021 STM by Art. 17.

(3) Notes for dimensional regulations.

(a) Building height. Height shall be measured from grade to the cornice line of the roof. Accessory rooftop elements shall not be included in the calculation of height, but shall be restricted as to their location on the roof and may need to be screened so as to limit their visual impact. Ells, sunrooms and enclosed porches, and other similar construction attached to the main structure, as well as accessory structures in side or rear yards, are permitted to be only one story in height.

(b) Front yard setbacks. Front yard setbacks shall be measured from the street frontage line to the primary facade, excluding front steps or stoops, porches, bay windows, enclosed main entrances, or other projecting elements. (Note, however, that no projecting element on any building may extend over a property line to intrude onto a public sidewalk.) Where a commercial or mixed use building is located at an intersection and may be considered to have more than one primary facade, then each primary facade may utilize a front yard setback.

(c) Side yard setbacks. The fifteen-foot minimum side yard setback may only be applied to detached residential buildings with three or fewer units, and is intended to encourage the off-center siting of a house within its lot, resulting in substantial outdoor space where a porch and/or landscaped yard may be provided (in addition to a driveway); and also resulting in a visually varied streetscape. The fifteen-foot minimum side yard setback applies to units that share party walls, as well as multifamily dwellings. Side yards are not required for mixed use and commercial buildings to allow for sharing of party walls.

G. Performance and development standards. For the enhancement and improvement of existing properties and/or structures relative to pedestrian access, vehicular circulation, and signage as well as to guide future development and re-use proposals that reflect the features of the neighborhood, the following standards shall be followed in the development or re-use proposals within the Town Center District:

(1) Performance standards. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light under standards set forth in the performance criteria in this bylaw. Any other performance standards of the Town shall apply to the Town Center in addition to these.

(a) Access and traffic impacts.

[1] Traffic and safety impacts to the existing and proposed roads shall be minimized.

[2] Access shall be provided to the extent feasible through an existing side street or a shared driveway; curb cuts shall be limited.

[3] Pedestrian and vehicular traffic shall be separated; walkways shall be provided for access to adjacent properties and between businesses.

(b) Noise.

[1] Residential units shall be constructed so that interior noise levels do not exceed Massachusetts Code of Regulations 310 CMR 7.10. A noise source will be considered to be violating the regulation if the source increases the broadband sound level by more than 10 dB(A) above ambient, or produces a "pure tone" condition — when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. These criteria are measured both at the property line and at the nearest inhabited residence. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time, measured during equipment operating hours. "Ambient" may also be established by other means determined by the Town of Plainville.

[2] No person shall engage in or cause very loud construction activities on a site abutting residential use between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day.

[3] Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

[4] Residential buildings to be constructed or rehabilitated shall be designed to filter out noise through construction employing, but not limited to, such techniques as applying soundproofing material.

(c) Vibration, smoke, heat, glare, and odor.

[1] Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour for a total of 15 minutes in any one day, or producing an acceleration of more than 0.1 G.

[2] Smoke shall not be visible beyond a shade darker than No. 1 on the Ringlemann Smoke Chart. Heat and glare shall not be discernible from the outside of any structure.

[3] Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution.

(d) Lighting.

[1] All outdoor lighting shall be designed so as not to adversely impact surrounding uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.

[2] Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness and comply with § 500-31G, Minimum illumination.

[3] Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object to be illuminated. Light shall be directed away from residences.

(e) Storage.

[1] All materials, supplies and equipment shall be stored in accordance with fire prevention standards of the National Board of Fire Underwriters and shall be screened from view from public ways and abutting properties.

[2] Storage facilities shall be located greater than 10 feet from the property line.

(f) Waste disposal.

[1] Waste disposal shall follow State Board of Health regulations or any other applicable regulations.

[2] Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties.

[3] Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a submission of a signed annual contract for rubbish removal.

(g) Loading/unloading. The SPGA may require that operations, including loading and unloading, shall be limited to weekdays between the hours of 8:00 a.m. and 7:00 p.m. only.

(h) Walkways.

[1] For public convenience a pedestrian and/or bicycle way shall connect various uses and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, industrial, recreation, and commercial.

[2] Walkways must conform to requirements of the American with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB).

(i) Vehicular access, parking and loading, and shared parking requirements. See § 500-31, Parking requirements, and § 500-32. Loading requirements, for the required parking and loading spaces and design criteria. To encourage parking areas that are subordinated in relation to buildings, landscaping, and pedestrian access, the following criteria shall also pertain to this Town Center District:

[1] Parking shall be located to the side or rear of buildings, unless otherwise approved by special permit from the Planning Board. In no case shall parking be allowed in the planting strip adjacent to the sidewalk or within the front setback of any lot.

[Amended 11-15-2021 STM by Art. 17]

[2] Parking spaces may be located either on or off the lot except as otherwise provided by § 500-31C. If spaces are off site, they must be within walkable distance to the site, within 1/4 mile. Applicant must show proof of space, its location to the structure and indicate if the space is owned or leased.

[3] In the event of a conflict between the requirements for parking of this § 500-26 and §§ 500-31 and 500-32, the requirements of this § 500-26 shall control.

[4] The Planning Board, as part of its special permit review, may allow a reduction of the number of parking spaces on a lot from that required under § 500-31 and § 500-32, if, after a review of the proposed uses, number of commercial and residential units, number of bedrooms, and other data pertinent to determining the appropriate number of spaces needed to accommodate the development, it determines a lesser number of spaces will be satisfactory. This reduction may be based on the number of spaces and/or mitigation that is proposed off-site, as allowed under § 500-26G(2).

[Added 6-6-2022 ATM by Art. 28]

(2) Parking standards. In addition to site plan review guidelines for parking within the Town Center District, the following criteria shall be considered:

(a) Parking areas shall be located to the side and rear of the structure, unless otherwise approved by special permit from the Planning Board. No parking area shall be designed such that parking is within the required or authorized front yard setback.

[Amended 11-15-2021 STM by Art. 17]

(b) Parking areas of adjacent lots shall have reasonable and convenient off-street vehicular connections. Where adjacent property has not been developed, provisions shall be made for future off-street connections with adjacent properties. Reserved strips of land to preclude such connections shall be prohibited.

(c) If a new use cannot meet minimum off-street parking requirements, then the SPGA may require, as part of a special permit, the payment of a fee by the applicant to allow the Town to provide such additional required off-street parking in lieu of the applicant providing required off-street parking. Such provision may include the planned future acquisition of Town-owned or -leased property for public parking.

(d) If an existing use is changed in such a way that: (1) a change of use of all or any portion of a building or structure from a use of one parking class to a use of another parking class; or (2) an interior increase of floor area for which off-street parking must be provided and such required off street parking cannot be provided because of the nonavailability of space in the zoning lot upon which such building or structure is located, then the SPGA may require, as part of a special permit, the payment of a fee by the applicant to allow the Town to provide such additional required off-street parking in lieu of the applicant providing required off-street parking.[2]

[2] Editor's Note: Former Subsection G(2)(e), regarding payment in lieu of parking, which immediately followed this subsection, was repealed 6-6-2022 ATM by Art. 28.

(3) Development standards. New construction and new construction design shall follow the typical New England character. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places or within a local historic district as established by MGL c. 40C shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on, the State or National Register of Historic Places.

(a) Lighting.

[1] Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses.

[2] An exterior lighting plan is required including the following items plus any additional information required by the Planning Board if needed to determine compliance with these provisions:

[a] A lighting plan showing existing and proposed exterior lighting, including building and ground lighting; locations, supports, mounting heights, and orientation of all luminaries.

[b] For all luminaries, descriptions and diagrams of physical configuration and photometric data, such as those available from manufacturers indicating fixtures, lamps, reflectors and filters and showing the angle of light cup-off and light distribution patterns.

[c] All parking areas and pedestrian facilities serving nonresidential uses and open to the general public shall be provided with illumination during all hours from dusk to dawn that those facilities are open to the general public. Some illumination shall provide not less than 0.2 average maintained horizontal footcandles, and an illumination ratio (brightest/darkest) of not more than 4:1. However, the Planning Board may approve alternative arrangements if it determines that, because of special circumstances or alternative provisions, the specified illumination is not necessary or appropriate for the protection of the public safety.

[d] To avoid lighting impacts, outdoor lighting fixtures shall be mounted no higher than 15 feet, directed inward to the extent feasible, or otherwise oriented and shielded to avoid glare on adjoining premises and plantings or other screening used to block headlight glare from drives and parking lots onto adjacent properties or roadways.

(b) Signs. Signs in the Town Center District shall be permitted as follows:

[1] Signs within the Town Center District associated with residential uses shall conform to § 500-29C(1), Signs in residential districts.

[2] Signs within the Town Center District for commercial uses shall conform to the following:

[a] For mixed use and nonresidential buildings set directly on the front and/or side property lines, signs may be located within 10 feet from the street right-of-way, provided that no sign shall project horizontally more than two feet over the public sidewalk (maximum 10 square feet in area).

[b] Signs should have simple geometric shapes, with two or three colors that complement the colors of the building. All signage shall be installed so as not to obscure or damage architectural features such as windows and trim elements. Wall signs and projecting signs are preferred types. Signage may also be provided on an awning or canopy, provided that in buildings with multiple businesses, awnings or canopies are standardized by type, size, materials, color, illumination, and method of installation across the facade. Standard corporate protocols relating to types, materials, sizes, colors and illumination of signage may be accommodated to the extent that they complement, rather than undermine, the village character of this district.

[c] Exterior illumination for signage is permitted, using gooseneck lamps or other decorative fixtures that are focused downward onto a sign. Internally illuminated or signs with plastic faces and neon signs and flat-screen LED-type signs are not permitted.

[d] Common directory signs for multiple businesses within the same building may be provided as wall signs attached to the building at or adjacent to the main entrance (maximum six square feet in area).

[e] Wayfinder signs, oriented to pedestrians, may be situated at certain locations that function as gateway access points into and within this district to identify the locations of individual businesses and other points of public interest along a street. Wayfinder signs shall be no taller than six feet, may provide information on up to four faces, and may be illuminated as described above; design and materials should complement surrounding development. Entrance signs such as may typically be installed at a business or industrial subdivision and oriented to drivers are discouraged.

(c) Landscaping requirements.

[1] Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

[2] In addition to the parking area landscaping required in § 500-31F, Landscaping, the following shall pertain to parking areas in the Town Center District:

[a] Parking areas shall be screened from adjacent residential uses, streets, and walkways using trees and shrubs adapted to the region, of specimen quality conforming to the American Standard for Nursery Stock, American Standards Institute, Inc., 230 Southern Building, Washington, DC 20005, and shall be planted according to accepted horticultural standards. Berms may be used for screening along the street in conjunction with plant materials.

[b] The landscaped perimeter area shall be at least five feet wide.

[c] Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic.

[d] The interior parking area shall be landscaped with sufficient shade trees to provide 50% shade within 15 years of installation.

[e] The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff.

[f] Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion.

(d) Maintenance of landscaping and screening.

[1] The property owner or applicant to the SPGA shall maintain all landscaping and screening.

[2] Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic.

[a] Shrubs or trees that die shall be replaced within one growing season.

[b] If the property owner fails to do so, the Town reserves the right to maintain the landscaping and screening after notifying the owners, agents, renters, or lessees by certified mail at their last known address or at the subject property address, that it shall be removed or trimmed within seven days of the notice by the Building Inspector/Zoning Enforcement Officer.

[c] The Town shall assess the owners, agents, renters, or lessees for the cost of trimming or removal plus an additional amount of up to 20% of the charges for administrative costs, to the owner and to the lessee, agent, occupant, or other person in possession and control of the property.

[d] If any property owner fails or refuses to pay when due any charge imposed under this subsection, the Building Inspector/Zoning Enforcement Officer may, in addition to taking other collection remedies, certify due and unpaid charges, including interest, to the Town Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected as provided by the Town.

(e) Affordable housing bonus. To promote the provision of opportunities for the development of affordable housing:

[1] At least 10% of the total dwelling units in a building shall be designated as affordable housing.

[2] The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low- and moderate-income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes.

[3] The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the structure.

[4] The affordable units may be located on some other development tract within the Town Center District through a special permit from the special permitting granting authority. The receiving property shall not have more than 20% affordable housing in total as a result.

(f) Appearance/architectural design.

[1] Variation in detail, form and siting shall be used to provide visual interest and avoid monotony among buildings on each site and among abutting properties, including those properties directly across a street or right-of-way. When reviewing the layout and density of proposed developments, the Board shall take into consideration the mitigation of visual impacts that may be created by the architectural design of the proposed building(s), the site layout and proposed landscaping, and how well the overall project complies with the purposes of the TCD as outlined in § 500-26B.

[Amended 11-15-2021 STM by Art. 17]

[2] Proposed buildings shall relate harmoniously to each other with adequate light, air circulation, and separation between buildings.

(g) Earth removal. The Town Center District shall be subject to the provisions of § 500-34, and the SPGA shall issue a special permit for any earth removal within the TCD which exceeds 350 square yards.

H. Special permit. The Planning Board shall approve, approve with conditions, or deny an application for a special permit submitted on a form specified by the SPGA after considering whether the project meets the criterion below:

(1) Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

(2) Maximize pedestrian and vehicular safety both on the site and egressing from it;

(3) Minimize obstruction of scenic views from publicly accessible locations;

(4) Minimize visual intrusion by controlling the visibility of parking, storage, HVAC or other outdoor service areas viewed from public ways or premises residentially used or zoned;

(5) Minimize glare from headlights and lighting intrusion and light overspill into the night sky;

(6) Provide adequate access to each structure for fire and other emergency service equipment;

(7) Provide adequate stormwater management consistent with the functional design standards in the Planning Board's Subdivision Rules and Regulations;[3]

[3] Editor's Note: See Ch. 540, Subdivision of Land.

(8) Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and

(9) Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.

(10) Application and its supporting narrative documentation complies with all sections of this Zoning Bylaw.

(11) Application is accompanied by the fees specified by the SPGA as approved by the Town of Plainville.

I. Issuance of occupancy permits. The Building Inspector may not issue an occupancy permit to the applicant without prior receipt of evidence that the use restriction or regulatory agreement has been recorded at the Norfolk County Registry of Deeds and that the low- and moderate-income units have been approved for listing on the Chapter 40B Subsidized Housing Inventory by the Department of Housing and Community Development.

J. Relation to other requirements. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[4] or any other provisions of this Zoning Bylaw.

[4] Editor's Note: See MGL c. 41, §§ 81K to 81GG.

K. Appeals. Any person aggrieved by a decision of the Planning Board under this bylaw may appeal said decision in accordance with MGL c. 40A, § 17.

§ 500-26.1 Solar photovoltaic facilities.

[Added 6-6-2011 ATM by Art. 30]

A. Purpose.

(1) The purpose of this bylaw is to allow for the creation of new large-scale ground-mounted solar photovoltaic facilities (SPFs) by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.

(2) The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted SPFs.

B. Applicability. This section applies to large-scale ground-mounted SPFs proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

C. Location. Solar photovoltaic facilities shall be allowed as-of-right in the IA - Special Industrial District and the IB - Limited Industrial District, subject to the issuance of a development permit for site plan review under §§ 500-5 and 500-39 of this Code, and by special permit issued by the Planning Board in the RA and RB - Single-Family Residential Districts.

[Amended 6-6-2016 ATM by Art. 44]

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC FACILITY (SPF)

A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

E. General requirements for SPFs. The following requirements are common to all SPFs to be sited in designated locations.

(1) Compliance with laws, ordinances, and regulations. The construction and operation of all large-scale ground-mounted SPFs shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a SPF shall be constructed in accordance with the State Building Code.

(2) Building permit and building inspection. No large-scale ground-mounted SPF shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

(3) Fees. The application for a building permit for a large-scale ground-mounted SPF must be accompanied by the fee required for a building permit.

(4) SPF site plan review. SPFs with 250 kW or larger of rated nameplate capacity whether permitted as-of-right in the IA — Special Industrial District and IB — Limited Industrial District, or by special permit issued by the Planning Board in the RA and RB — Single-Family Residential Districts shall be subject to site plan review in accordance with § 500-39, Site plan review, of this Zoning Bylaw.

[Amended 6-5-2017 ATM by Art. 53]

(a) Submission requirements. In addition to the site plan review information requirements of § 500-13D , the materials listed in this section must also be included in a site plan review application for large-scale ground-mounted SPF.

[1] Blueprints or drawings of the solar photovoltaic installation showing the proposed layout of the system and any potential shading from nearby structures;

[2] One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

[3] Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

[4] Name, address, and contact information for proposed system installer;

[5] An operation and maintenance plan [See also Subsection E(6)];

[6] Proof of liability insurance; and

[7] Description of financial surety that satisfies Subsection E(12)(c).

(5) Site control. 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 SPF.

(6) Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted SPF, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(7) Utility notification. No large-scale ground-mounted SPF 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 solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8) Dimension and density requirements.

(a) Setbacks. For large-scale ground-mounted SPFs, front, side and rear setbacks shall be as follows:

[1] Front yard. The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a residential district, the front yard shall not be less than 50 feet.

[2] Side yard. Each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts a residential 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 district, the rear yard shall not be less than 50 feet.

(b) Appurtenant structures. All appurtenant structures to large-scale ground-mounted SPFs shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

(9) Design standards.

(a) Lighting. Lighting of SPFs shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(b) Signage.

[1] Signs on large-scale ground-mounted SPFs shall comply with Plainville's sign regulations, § 500-29 of this Zoning Bylaw. A sign consistent with § 500-29 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.

[2] SPFs shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation. Where feasible, lighting of signage shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(c) Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the SPF 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.

(10) Safety and environmental standards.

(a) Emergency services. The large-scale ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(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 large-scale ground-mounted SPF or otherwise prescribed by applicable laws, regulations, and bylaws. Grading that substantially disturbs the existing soil profile and structure is prohibited. Sites shall be selected where construction may be accomplished without such earth work.

[Amended 6-5-2017 ATM by Art. 53]

(c) Mitigation of forest habitat. In the zones where a special permit is required, if forestland is proposed to be converted to a ground-mounted solar photovoltaic facility, the plans shall designate thereon an area of forested land on the same lot of a size equal to three times the total area disturbed by the solar installation that shall remain undisturbed. The protected land shall be land not subject to development limitations due to wetlands, MGL c. 184, § 31-33, restrictions, or other constraints that would render construction of solar panels on the protected land unfeasible. Such designated land shall remain in substantially its natural condition without alteration, including unauthorized (by SPGA) forestry/tree cutting, until such time as the installation is decommissioned. The special permit may be conditioned to effectuate and make enforceable this requirement.

[Added 6-5-2017 ATM by Art. 53]

(d) Mitigation for disruption of trail networks. If existing trail networks or woods roads are disrupted by the location of the ground-mounted solar photovoltaic facility the plans shall show alternative trail alignments to be constructed by the applicant. The special permit may be conditioned to effectuate and make enforceable this requirement, although no rights of public access may be established hereunder.

[Added 6-5-2017 ATM by Art. 53]

(e) The requirements set forth in Subsection E(10)(c) and (d) may be waived by the Planning Board upon a determination that there is a significant public benefit for granting said waiver.

[Added 11-26-2018 STM by Art. 1]

(f) A large-scale ground-mounted solar facility is a principal use, and therefore requires a zoning compliant lot for siting. The Planning Board may waive this requirement upon a determination that there is a significant public benefit for granting said waiver.

[Added 11-26-2018 STM by Art. 1]

(g) The public benefit shall not be merely the added financial advantage of adding additional solar panels, but rather some unique aspect of the proposal that would benefit the community at large.

[Added 11-26-2018 STM by Art. 1]

(11) Monitoring and maintenance.

(a) Solar photovoltaic installation conditions. The large-scale ground-mounted SPF owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

(b) Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

(12) Abandonment or decommissioning.

(a) Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection E(12)(b) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

[1] Physical removal of all large-scale ground-mounted solar photovoltaic installations, 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.

(b) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

(c) Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects 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, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.