SECTION 10 Special Permits

Special permits shall only be issued following public hearings held within 65 days after filing of an application. Advertising and notice of hearing shall be conducted by the Office of Planning and Sustainability subject to the rules of procedure adopted by the special permit granting authority having responsibility for the particular proposal in question.

As specified in MGL c. 40A, § 11, all special permit decisions shall be recorded prior to commencement of work. In addition, the site plans shall be recorded with the decisions. The form and number of pages to be recorded shall be determined by the Planning Board. This provision may be waived by the Planning Board.

A special permit may only be granted, and is only valid, when the ordinance specifically authorizes the issuance of a special permit for that use. Before granting an application for a special permit, the special permit granting authority must find all of the following criteria are met:

The requested use protects adjoining premises against seriously detrimental uses. If applicable, this shall include provision for surface water drainage, sound and sight buffers and preservation of views, light, and air; and

The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities; and

The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area; and

The requested use will not overload, and will mitigate adverse impacts on, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and

The requested use meets any special regulations set forth in this chapter, including consistency with the intent of the character-based zoning districts as written in §§ 350-21 and 350-22, when applicable; and

The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance; and

§ 350-10.2 Removal of sand, gravel, quarry or other earth materials.

If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D.

The special permit granting authority shall also impose, in addition to any applicable conditions specified in this chapter, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter, including, but not limited to, the following: front, side or rear yards greater than the minimum required by this chapter; screening buffers or planting strips, fences, or walls, as specified by the special permit granting authority; modification of the exterior appearance of the structures; limitation upon the size, number of occupants, method and time of operation, time duration of permit, or extent of facilities; traffic features in accordance with the regulations of loading or other special features beyond the minimum required by this chapter. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the special permit granting authority. In addition, when applicable, a site plan shall be submitted to the Planning Board for its final approval in accordance with the site plan approval in § 350-11 of this chapter.

[1]

Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.

For the removal of sand, gravel, quarry, loam, sod or other earth materials, other than that which is incidental to and in connection with the construction of a building for which a permit has been issued in accordance with these zoning regulations, and for processing and treating raw materials, the following conditions shall govern:

Any existing sand or gravel removal activity operating under a permit issued prior to the date of adoption of this chapter may continue until the expiration of the permit, except that any expansion or change in operation not covered by such permit shall require conformance with the above regulations.

Removal and processing operations shall not be conducted closer than 50 feet to a public street or to any property line.

No equipment, except mobile equipment for sorting, washing, crushing, grading, drying, processing, and treating, shall be used closer than 100 feet to any public street or to the line of any adjoining property.

Off-street parking shall be provided as required in the Table of Off-Street Parking Regulations.[1]

[1]

Editor's Note: See § 350-8.1C.

Any access to excavated areas or areas in the process of excavation shall be adequately posted with "KEEP OUT - DANGER" signs.

No excavation, quarry, bank or work face extending under original ground level shall create a slope of more than one vertical to two horizontal. Such fence shall be located 10 feet or more from the edge of the excavation or quarry, and shall be at least six feet in height.

Adequate provision is to be made for drainage during and after the completion of operations.

Lateral support shall be maintained for all adjacent properties.

The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as published by the Commonwealth of Massachusetts.

All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating water pollution and air pollution.

Hours of operation shall be designated.

Provisions shall be made for the adequate control of dust during operation.

Required site plan. Site plans for the removal areas shall be prepared by a registered professional engineer or a registered land surveyor according to § 350-11, with the following additional information.

Water supply and sanitary sewerage systems and temporary and permanent drainage systems for the site.

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

Replacement of at least four inches of topsoil over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.

Submission of plan for lighting if night operation is contemplated.

Proper provision for vehicular traffic, service roads, and control of entrances and exits to highways.

The relocations of existing and future buildings and operations machinery to the removal areas.

Delineation of the existing removal areas and the proposed area for removal in the immediate future.

(8)

Provision for a substantial fence enclosing the excavation or quarry.

Required reuse plan. Reuse of a removal site is in the public interest. Therefore, land reuse plan(s) on a scale of 100 feet to the inch or greater must be submitted to and approved by the Planning Board, subject to the regulations set forth below:

The Planning Board may require that up to five approved alternative future land reuse plans be submitted for such land as is used for the extraction of sand, gravel, rock, loam, sod, and associated earth materials. A land reuse plan is also required where an existing extraction operation is extended below the grade of adjacent ground.

Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse, including landscaping and suitable erosion control. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as necessary as the existing physical character of the removal area changes.

The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation. "Abandonment" for the purposes of this subsection shall be defined as the visible or otherwise apparent intention of the owner of user of the land to discontinue the use of the land for a continuous period of one year. Temporary operating of less than 30 days shall not be construed to interrupt any continuous period of abandonment.

A reuse plan as defined in this section shall be required for each operation which would come under this section prior to three years from the date of adoption of this amendment, and shall be subject to all of the review procedures as provided in this section, notwithstanding the fact that the operation itself is being undertaken under the provisions of previously existing Zoning Ordinance.

The Planning Board shall require a surety bond signed by a surety company authorized to do business in the Commonwealth of Massachusetts, or other acceptable performance security, in an amount approved by the Board as sufficient to guarantee conformity with the provisions of the permit issued hereunder.

Exemption. The removal of earth material in any of the following operations shall be exempt from this section:

The removal of less than 10 cubic yards of material in the aggregate in any year from any one lot.

The transfer of material from one part of a lot to another part of the same lot.

§ 350-10.3 Filling of any water or wet area.

The removal of material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance, provided that the quantity of material removed does not exceed that actually displaced by the portion of such building, structure, street, driveway, sidewalk, path or other appurtenances below finished grade.

For a continuation of an operation beyond a period designated in the initial permit, a new application must be granted in the same manner as for the initial permit except that the Planning Board may waive requirements for submittal of materials required by this section. The waiver must be granted in writing by the Board to the applicant. All other provisions relating to operational standards and permit procedures shall apply.

For the filling in of any pond, lake, swamp, or other existing body of water or wet area where such filling is not covered by § 350-13 or 350-14; and where such filling in requires an amount of fill equivalent to 500 cubic yards or more, or where the area to be filled in exceeds 10,000 square feet and only subject to the eventual approval by the Northampton Conservation Commission under the applicable provisions of Massachusetts Wetlands Protection, the following conditions apply:

A site plan shall be submitted as required in § 350-11, including the following additional information:

The premises and surrounding area within 100 feet showing;

Existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises;

A tie-in to the nearest road intersection;

§ 350-10.4 Filling of land other than water or wet area.

A plan for lighting if night operation is contemplated.

Provision shall be made for temporary and permanent drainage of the site.

Fills shall be limited to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or any cut.

Regrading of all or parts of the slopes resulting from such fill shall be carried out.

At least six inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces with seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.

Where any fill will have a depth of 10 feet or more and create a slope of more than one vertical in two horizontal, there shall be a substantial fence enclosing the fill at least six feet in height with suitable gates. Such fence shall be located 10 feet or more from the edge of the fill.

For the filling in of any land area which is not excepted in Subsection A below, no such filling in of land shall proceed without first securing a special permit according to the regulations and procedures set forth in § 350-10 of this chapter, subject to the provisions contained herein.

Exceptions The filling in of any land area shall be exempt from this section, provided that all of the following conditions are complied with:

A filling-in operation which does not exceed a total of 500 cubic yards of material.

A filling-in operation which does not exceed a total area of 10,000 square feet on any lot, land parcel or subdivision thereof.

A filling-in operation which is associated with acceptable agricultural land management practices, including but not limited to plowing and construction of agricultural structures; nursery operations, such as the removal and/or transplanting of cultivated sod, shrubs, and trees; logging operations.

Filling-in operations associated with refuse disposal and sanitary landfill facilities within the City of Northampton and operated in accordance with all appropriate state and local regulations.

Filling-in operations necessary in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance.

Filling, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided that the aggregate of area(s) affected does not exceed 10,000 square feet; the grade change does not exceed 12 inches at any point and does not alter the drainage patterns; and the filling-in does not involve a quantity of material in excess of 100 cubic yards.

For a continuation of an operation beyond a period designated in the initial permit, a new application must be made and a new special permit must be granted in the same manner as for the initial permit, except that the Planning Board may waive requirements for submittal of materials required by this section. The waiver must be granted in writing by the Planning Board. All other provisions relating to operational standards and permit procedures shall apply. A separate permit shall be required for each separate noncontiguous site and for any expansion on the same site.

A site plan shall be filed with the Office of Planning and Sustainability for any land which is to be filled and is not exempted under the provisions of Subsection A of this section. Site plans for fill areas shall be prepared by a registered professional engineer or a registered land surveyor in accordance with this section and § 350-11. Site plans must include the following for the site to be filled and the area within 100 feet of the site to be filled:

The premises and surrounding area within 100 feet showing the area to be filled in, property lines within which the filling is proposed, existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the premises.

The location of any buildings, structures, utilities, sewers, water and storm drains within 100 feet of the site.

A certification of the quantity of fill involved.

Detailed plans of all temporary and permanent drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sedimentation control measures and all other protective measures and devices utilized or constructed in connection with the area to be filled.

A timing schedule and sequence indicating the anticipated starting and completion dates.

A plan for lighting if night operation is contemplated.

Other plans, drawings or materials as may be required by the Planning Board.

Conditions for the filling in of any land area subject to the provision of this § 350-10.4 of this chapter, the following conditions shall govern:

Provision shall be made for adequate temporary and permanent drainage of the site.

Fills shall be limited to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or cut.

Regrading of all or parts of the slopes resulting from such fill shall be carried out.

At least six inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces seeded or sodded with a perennial cover crop, reseeded or resodded as necessary to assure uniform growth and soil surface stabilization.

Filling of land area which falls within the superimposed Floodplain District is prohibited.

§ 350-10.5 Open space or cluster residential development.

The planned filling in of any land area shall be consistent with any recreation, conservation and open space plan as prepared by the City Planning Board.

(8)

Documentation shall be submitted as to the effect of such filling-in activities on drainage, both within the immediate area and sufficiently far downstream, as required by Planning Board.

(9)

Provisions shall be made such that the filling in of any land area shall not impair surface drainage, constitute an erosion hazard nor act as a source of sedimentation to any adjacent land or watercourse.

(10)

Provisions shall be made such that the filling in of any land area does not impair the safe and efficient operation of any on-site sewage disposal or drainage facilities nor those located on adjacent properties.

(11)

Provisions shall be made to reduce the area and duration of exposure of fill material(s) and to reduce the velocity of runoff, both during and after the completion of the filling-in activity in order to minimize the potential of soil erosion and siltation problems.

(12)

Provisions shall be made for the adequate control of dust during filling-in operations.

(13)

All disturbed fill areas shall be promptly seeded or sodded with a suitable ground cover and supplemented with other suitable plantings as soon as the season permits.

(14)

No final slopes shall exceed a slope of more than one foot vertical in two feet horizontal.

(15)

No filling in of land shall cause or permit any soil, earth, sand, gravel, rock, stone loam, or other fill material, or water or liquid to be deposited upon or to roll, flow or work upon or over the premises of another without the express consent of the owner of such premises so affected; nor shall any filling in of land cause or permit any soil, earth, sand, gravel, rock, stone loan, or other fill material or water or liquid to be deposited, or to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, water course, or right-of-way, or public property.

(16)

Such other conditions as may be deemed necessary and reasonable shall be imposed by the Planning Board in order to prevent damage to public or private property or any sewer, storm drain, or watercourse, or to prevent the filling in of land from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance.

For residential development in a clustered concept (a concept whereby the residences are clustered on a portion of the lot, thereby leaving more of the parcel undeveloped and in open space, the purpose of which is to: a) preserve the rural character of the community by maximizing and preserving expanses of open space in their natural state; b) provide a buffer between developments; and c) serve a functional relationship to each of the lots in the development in those districts for which such an option is allowed by the Table of Use Regulations,[1] the following rules and conditions shall apply:

A site plan, in accordance with this section and § 350-11, Site Plan Approval, shall be prepared by a registered land surveyor or registered professional engineer. In addition to requirements of § 350-11, the plans shall show the following:

Two-foot finished contours on the tract and within 50 feet thereof.

The location and acreage of areas to be devoted to specific uses.

Existing and proposed streets, parking areas, drainage and utility systems, including sewer and water, streetlighting, landscaping, fire alarm systems, sidewalks, and easements, and natural features.

Proposed clustered residential density of development and gross density of development in terms of square feet per family.

The proposed location of parks, open spaces and other public or community uses.

Such other information as may be required by the Planning Board.

For those proposed developments which will also involve the subdivision of land and/or require the Planning Board's approval under the Subdivision Control Law:

A definitive subdivision plan shall be filed with the special permit application in lieu of the site plan (Said plan shall include all of the information required in Subsection A above.); and

The definitive subdivision plan shall be filed with the Planning Board for approval under the Subdivision Control Law at the same time that the special permit is filed.

The tract for which an open space residential development is proposed shall be in a single ownership or control at the time of application, and shall be comprised of at least four contiguous acres, except in URC and URB Districts it shall be at least three acres.

The use and density requirements for open space residential development (cluster) are listed in the Table of Use Regulations and the Table of Dimensional and Density Regulations in § 350-6.2.[2] The minimum lot area in the table is the land area required for each residential building exclusive of streets, water area, open space, and common land. When a development is served by both an on-site water supply (well) and an on-site sewage disposal system (septic tank), then the Board of Health approval of both water supply and sewage disposal system location is required.

Each single-family, two-family and three-family structure shall be located on its own individual lot, except that for the purpose of this section one-family, two-family and three-family structures may be considered townhouses if they are either row houses attached side to side (not on top of each other), or if all homes are located on a single lot under common ownership. Multiple townhouses and multifamily structures may be located on one lot under common ownership. If multiple structures are placed on a single lot, there must be adequate provisions for internal circulation, including circulation of pedestrians and emergency and maintenance vehicles, and for the on-going maintenance of the circulation system. The total number of units shall be determined by Subsection E below.

When the rear or side yard of an individual lot in the development, including a reduced lot line lot, abuts a lot not in that development, then said rear yard and side yard building setbacks shall be equal to those required for a nonclustered lot in that zoning district.

[2]

Editor's Note: These tables are included as attachments to this chapter.

Density.

The maximum number of dwelling units in the development shall be computed by multiplying the total tract area, less proposed roadways and 90% of wetlands and floodplains, by the density shown below for the appropriate zone:

		Dwelling Units Per Acre
	RR	1.1
	SR	1.5
	URA	2.2
	URB	4.4
	URC	4.4
	WSP	0.54, regardless of the underlying district
	All districts	0.54 if lots or development have both an on-site water supply (well) and an on-site sewage disposal system (septic tank), regardless of the underlying district

The above densities are increased by up to 15% if:

The percent of density bonus is no greater than the percent of dwelling units in the cluster that are affordable units. Affordable units are those which may be rented or purchased by households making 80% of median household income for Northampton, as calculated by the U.S. Department of Housing and Urban Development with adjustments for family size; and

Deed and use restrictions, easements, or covenants, with a mechanism for adequate enforcement, are provided and approved by the Planning Board to ensure that units are affordable for a minimum of 99 years and that units can only be purchased by people whose income does not exceed 80% of median income; and

Affordable units are geographically dispersed throughout the development; and

The applicant provides all required information and paperwork and pays all required fees under the Massachusetts Local Initiative Program to allow the City to count these units as affordable units.

Common buildings, including shared mail facilities, recreation, dining, laundry, guest rooms, personal office space for residents of the cluster, shared and maintenance facilities, and retail or personal services not to exceed the lesser of 2% of the total gross floor area of the cluster or 4,000 square feet, may be allowed in a cluster, but are limited to common facilities which primarily serve the residents of the cluster but generally not outside paying guests and child-care facilities for residents and outside customers. Setbacks on common buildings must equal setbacks required for nonclustered lots in the subdivision. Common buildings are not considered dwelling units nor can they be credited to open space requirements. The dimensional requirements of § 350a et seq., Tables of Dimensional and Density Regulations, shall apply to common buildings.

The proposal shall conform to the provisions of any and all applicable local, state and federal rules and regulations, including § 350-10.1 (special permits) of this chapter.

Of the total tract area, at least 50% shall be set aside as common open space with no buildings allowed except for bathrooms required to serve the common open space. Of the 50% set aside for open space, no more than 25% shall be wetlands or floodplains (as defined in MGL c. 131, § 40, the Wetlands Protection Act, 310 CMR, and Chapter 337, Wetlands Protection, of the Code) nor have a slope of over 8%, except as permitted in Subsections H and I below, nor include any part of a detention/retention pond designed to hold water for up to a ten-year storm shall be set aside as common open space with no buildings allowed except for bathrooms required to serve the common space.

In the event that more than 25% of the proposed open space falls into one of these categories above, any such additional land shall be subtracted from the total tract area for the purpose of calculating the required open space.

This open space may include land donated to the City or other conservation organization under § 350-6.3 (Reduction of dimensional and density requirements), Subsection C, of this chapter and credited to the property being developed, provided that:

The public has a right to enter the property for passive recreation; and

The land was not credited to any other open space residential development nor to any other development or permit.

The Planning Board shall allow land with slopes of up to 20% to qualify as open space if:

A minimum of 0.1 acre per dwelling unit (based on maximum allowable dwelling units) of active recreational facilities (such as playing fields, playgrounds, tot-lots, walking trails, and picnic areas) are provided; and

Said recreational facilities must, in the opinion of the Planning Board after consulting the Recreation Commission or the Conservation Commission (as appropriate), serve an important and unmet recreational need for the proposed project and for the area of the City in which they are located; and

Said facilities must be built to a minimum of commonly accepted design standards and must be built in a manner to minimize future maintenance costs; and

A right-of-way or fee title for at least 50% of said recreational facilities and for at least 50% of the open space must be offered to and accepted by the City or a nonprofit conservation land trust for park/conservation purposes. The Planning Board may require that only a right-of-way be transferred and that the developer or homeowners' association retain the responsibility to maintain the facilities.

The Planning Board shall allow up to 25% of the open space requirements to be met off site but within 1/2 mile of the cluster site or up to 40% of the open space requirements to be met off site but within 1/4 mile of the cluster site if:

The off-site open space is, in the opinion of the Planning Board, easily and safely accessible from the cluster site by foot and without crossing any collector or major streets (except by tunnel or bridge); and

The Northampton Conservation Commission or Recreation Commission (as appropriate) and the Planning Board finds that the off-site open space provides valuable open space to serve that part of the City; and

A right-of-way or fee title is offered to and accepted by the City or a nonprofit conservation land trust for the off-site open space for park/conservation purposes; and

For the purposes of figuring the open space required, the off-site open space shall be considered to be part of the total tract, and each acre of off-site open space shall be equivalent of 0.75 acres of on-site open space.

A functional relationship shall exist between the common open space areas and the proposed residential clusters. Such common open space shall be restricted to open space, agricultural uses, recreational uses such as tot-lot, park, playground, playfield, golf course, or conservation area. Such common open space shall have suitable access to and from the development's street(s), and shall conform to the requirements of Chapter 290, Subdivision of Land, in effect at the time of application.

Such common open space as required by this section shall be placed under a conservation restriction in accordance with the provisions of MGL c. 184, §§ 31-33, as amended. Such common land shall be either deeded to the City at no cost (but only with the consent of both the Planning Board and the City Council and the Conservation Commission or Recreation Commission, as appropriate) or shall be conveyed to a private nonprofit corporation, the principal purpose of which is conservation or preservation of open space or to an organization or legal entity established for the purpose of owning and maintaining such common land. Such organization shall be created by covenants running with the land, and such covenants shall be included with the submitted development plan and shall be subject to approval by the City Solicitor. Said covenants must be rerecorded every 30 years.

Such corporation or organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and organized to own and maintain the common open space) without first offering to dedicate the same to the City.

Covenants creating such organization shall provide that in the event the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Planning Board may serve notice in writing upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, shall contain a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a public hearing thereon which shall be held within 20 days of the notice. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Planning Board, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same until the organization theretofore responsible for the maintenance of the common open space demonstrates, to the Planning Board's approval, that they can adequately maintain the common open space.

The covenants creating such organization shall further provide that the cost of such maintenance, including all administrative costs, by the City shall be assessed against the properties within the development that have a right of enjoyment of the common open space, and shall become a charge of said properties, and such charge shall be paid by the owners of said properties within 30 days after receipt of a statement therefor.

The covenants shall provide that each dwelling unit shall have an equal say in determining the affairs of the organization; that costs shall be assessed equally to each dwelling unit; and that the organization shall be retained in the control of the developer no longer than until a majority of dwelling units are conveyed to permanent owners. Where appropriate, more than one separate and distinct organization may be created. Separate organizations may not be created, however, where one might be too small (in terms of the number of lots included) to operate efficiently, or where one has a responsibility for too large or costly (to maintain) a parcel of open space in proportion to that under the responsibility of other organizations within the same development.

Reduced lot line (RLL) developments are permitted within open space residential development, in accordance with the Table of Dimensional and Density Regulations and § 350-6.13, Reduced lot line developments.

A portion of a new project may be developed as an open space residential development, provided that portion of the project meets the requirements set forth in this section.

[1]

Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.

§ 350-10.6 (Reserved)

§ 350-10.7 Heavy public use.

For a special permit from the City Council for the construction of, development of, or use of any lot for a heavy public use, the following conditions shall apply:

A statement shall be submitted indicating the need for the facility or use and the rationale for its development, the criteria used in selecting a site, and the location of all alternative sites considered, and the reasons for not selecting them.

In addition to the material required in § 350-11, the following must be shown on the site plan:

Two-foot contours on the parcel and within 50 feet thereof.

The location and dimensions of all buildings, structures, and exterior use areas, including all parking areas and driveways.

The location of buffer strips, screening provisions (with details attached), and areas to be preserved in a natural state, all these to be sufficient to preclude visibility of the uses and structures from adjoining parcels.

§ 350-10.8 Commercial stables and kennels.

Such other facts as the City Council may require.

In considering an application for a heavy public use, the City Council shall be particularly cognizant of potential noise, odors, or other detrimental environmental nuisances which might be generated; of traffic and the ability of the local street network to accommodate increased traffic; of the ability of the utility systems to accommodate any increased demands which might be placed upon them by the proposed use; and of the applicable provisions of the adopted Comprehensive Plan of the City.

For a commercial stable, kennel or other such use requiring a special permit under the provisions of § 350-5.2 (agriculture), the following rules shall apply:

The minimum acreage required shall be a parcel or tract of land of at least 10 acres.

The location of barns, stables, riding rings, corrals, and accessory facilities shall be located not less than 175 feet from any street line and not less than 100 feet from any side or rear lot line.

The area to be used for the keeping of horses and/or ponies shall have adequate fencing to contain the animal(s) within the property boundaries.

Sufficient off-street parking facilities should be provided to accommodate all users and visitors to the property, as determined by the Planning Board.

Stables, barns, corrals and yards shall be properly drained and reasonably free from excessive odor, dust, and mud, so as not to create a nuisance or health hazard to the community or to surrounding property owners, from an air or drainage pollution standpoint.

Maintenance of the stables, barns, and property used in the keeping of horses and/or ponies shall conform to all regulations of the Board of Health and state health authorities.

§ 350-10.9 Telecommunications, personal wireless facilities and small-cell telecommunications.

The City of Northampton wants to encourage telecommunications and wireless services while minimizing adverse visual effects of these telecommunication facilities through careful design, siting, and vegetative screening and maximizing use of any new or existing towers, building and structures to reduce the number of towers needed.

Telecommunication facilities are allowed as shown in § 350-5.2, Table of Use Regulations, and § 350-11, Site Plan Approval. A special permit is required for any new tower.

Site plan approval, in accordance with this section and § 350-11, Site Plan Approval, is required for a telecommunications facility. The site plan shall be prepared by a registered land surveyor and/or registered professional engineer. In addition to the requirements of § 350-11, the plan shall show the following:

For any new towers, the details of the tower (monopole, guyed, freestanding, or other), guy wires and anchors, tower lighting, and all structures located within 300 feet of any tower. Tower details must be prepared by a registered professional engineer qualified in structural design.

For any new towers or antennas, additional visual and aesthetic information including, among other things, enhanced landscaping plans, line-of-sight drawings, and/or visual simulations adequate to determine the visual impact of the tower. The Planning Board may require more visual analysis before acting on a site plan application.

Demonstrate that all approval criteria have been addressed.

Approval criteria. In addition to the § 350-10.1 special permit criteria and § 350-11 site plan review criteria, the following criteria will be considered prior to the approval or denial of a request for site plan and special permit. The criteria listed may be used as a basis to impose reasonable conditions on the applicant.

Siting. Before any new tower is approved, the applicant must prove that it is not feasible to locate their antenna(s) and facilities on an existing tower or building. Before a new tower is proposed in a residential district, the applicant must also prove that it is not feasible to locate the antenna and facilities in other districts or on municipal facilities. Such demonstration studies shall include a summary of propagation studies and a plan for any network of facilities.

Collocation. Any new tower must be designed, to the maximum extent which is practical and technologically feasible, for collocation of telecommunications antennas, including designing to accommodate at least three telecommunication providers, offering space to all other telecommunication providers at market rates, and providing for towers that can be expanded upward. Tower owners must maintain a record of the site location and coordinates, elevation, available space at each height, existing frequencies in use, and the name and number that an interested user can contact and make such a file available to the Office of Planning and Sustainability upon request within 30 days.

Aesthetics. Telecommunications facilities shall be designed, located and buffered, to the maximum extent which is practical and technologically feasible, to ensure compatibility with surrounding land uses. This shall include, but not be limited to, the following items:

Selecting the type of tower (e.g., monopole, guyed or freestanding lattice) with the least visual impact.

Providing additional landscaping to screen facilities and preserving, to the extent possible, existing on-site trees and vegetation. Use of towers other than monopoles may require additional landscaping.

Designing and siting towers to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).

Using materials and colors to be compatible with the surrounding environment and land uses to blend in with the site to the extent practical.

(e)

Towers shall not contain any signs or advertising devices.

(f)

Fencing must be designed to be as unobtrusive as possible.

Radio frequency effect. All telecommunication facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, and that the applicant shall provide certification to support that the maximum allowable frequencies, power levels and standards will not be exceeded. Certification shall include technical specifications, an explanation of those specifications, and, if necessary, field verification.

Dimensional and density regulations. Telecommunications facilities shall adhere to § 350-6.2, Table of Dimensional and Density Regulations, and § 350-6.8, Other dimensional and density regulations, except as follows:

Towers designed for one telecommunication provider shall be limited to 130 feet. Towers designed for collocated facilities shall be allowed an additional 20 feet for each additional provider up to a maximum of 220 feet. These height limits shall not apply to towers for or partially for government or emergency telecommunications, to the extend such height is needed to serve government or emergency telecommunication use.

In residential districts, a tower must be setback from all property lines at least twice the distance equal to its height. In other districts, a tower must be setback from all property lines at least the distance equal to its height. The permit granting authority, however, shall allow a shorter setback if the shorter setback provides adequate safety and aesthetics and the manufacturer or qualified licensed designer certifies that the tower is designed to collapse on itself or otherwise collapse safely and within the property controlled by the applicant in the event of failure. The authority may allow lesser setbacks necessary to allow the use of an existing structure.

Removal of tower: The applicant shall remove any telecommunications facility that ceases to be used for its intended purpose for 12 consecutive months. The Planning Board may require a performance guarantee to insure that unused facilities are removed.

Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair. Any paint and finish must be maintained and repaired when the blemishes are visible from the property line. The applicant must provide an inspection schedule and file copies of inspections with the Building Commissioner.

Small cell facilities.

§ 350-10.12 Home business special permit criteria.

Applications for approval of wireless small cell facilities shall be granted by the Department of Public Works in consultation with the Office of Planning and Sustainability and the Department of Central Services if it meets the requirements set forth in § 350-2.1 and meets the regulations to be promulgated by the Department of Public Works.

§ 350-10.10 (Reserved)

§ 350-10.11 (Reserved)

All home businesses with any practitioner, employee, partner, or other worker who is not a resident of the home, with more than 25 clients/customers or visits per day or week, with hours of operation outside of 7:00 a.m. to 8:00 p.m., with more than two open studios per year, or with outdoor storage of materials (as defined in § 350-2.1) require a special permit issued by the Zoning Board of Appeals and shall comply with the following:

All provisions in the definition of "home business" in § 350-2.1.

Goods may only be offered for sale from the premises if the Zoning Board of Appeals expressly permits it in the issued special permit.

The hours of operation shall be expressly stated in the special permit issued by the Zoning Board of Appeals.

The hours and frequency of deliveries, number of clients seen, number of employees on the premises, products and/or materials on site shall be expressly stated in the special permit issued by the Zoning Board of Appeals.

All special permits for home businesses must be renewed once, immediately following the first year of operation. Permits may be renewed in perpetuity upon application to the Building Commissioner (no Zoning Board action required) if nothing has changed in the project since the initial special permit was granted.

All special permits for home businesses are nontransferable and are specifically issued to a specific applicant for a specific home business.

Limited outdoor storage of materials may be allowed so long as the storage is not visible from the street or by adjoining property owners and does not have a negative impact on the neighborhood.

§ 350-10.13 Adult establishments.

Findings.

The City of Northampton does not desire to suppress any speech or expression activities protected by the First Amendment but does want to enact a content-neutral ordinance concerned with the secondary effects of adult establishments which display live nudity or provide private or semi-private booths for viewing live or recorded nudity or are large-scale adult establishments that could drain the character and economic vitality of the surrounding community, especially crime and effects on children and family life, and therefore desires reasonable regulations of the location of such adult establishments in order to provide for the protection of the image of the community, its property values, and to protect our residents from any adverse adult entertainment land uses, while providing to those who desire to patronize adult entertainment land uses such an opportunity in areas within the City which are appropriate for location of such land uses.

The City has historically valued the preservation and expansion of dense, safe, pedestrian-scale neighborhoods and development that enable residents to walk to school, services, recreation, and other activities. More specifically, such pedestrian-scale neighborhoods that contain services within 500 feet of residences, schools and houses of worship are an important means to enable children to walk to such services safely and independently. One of the great successes of Northampton is that all evidence that we have collected shows that the vast majority of trips up to 500 feet, even for relatively young children, is on foot.

Because the large-scale adult establishments greater than 1,000 square feet have the tendency to create blank, inactive voids in the street fabric due to their size and façade treatments it is important to ensure that such businesses are not located within 500 feet of such walkable neighborhoods that include churches, residences or schools. These voids have a direct impact on the desirability of walking to such services, schools, or other activities and reduce the sense of safety for pedestrians. If these voids discourage walking or decrease the number of trips that are done without a car or are done by younger children on their own, Northampton would suffer a harm far worse than most communities who have not been as successful as we are at getting people to walk.

Additionally, the secondary effects of larger-scale adult establishments with adult material often include impacts to adjoining businesses that may result in economic decline and declining property values which further spreads the inactive void along the street façade. This economic decline may be less serious in areas where everyone drives and is cloistered from the effects of nearby business, but in Northampton where many people walk, and we are investing large sums to increase the number of trips done on foot (and by bicycle), the impacts would be devastating. Thus, in addition to ensuring these voids are not created within walking distance or 500 feet from churches, schools and residences, the City has determined that larger establishments should be separated by distances of 500 feet from other such establishments to prevent continuous voids within the street and pedestrian fabric.

The City has not found compelling reasons to regulate other types of adult uses, including those under 1,000 square feet which can more readily blend into the existing commercial fabric without creating large voids on the street front and thus have no effect on the safety of children or other pedestrians walking to services, schools or other residences.

In summary:

It is not the City's intent to regulate content for the purposes of regulating morality or any other direct reason.

The City is specifically allowing sales of "adult" materials in display areas up to a certain size because to date we have not found sufficient adverse effects from this size of business to justify new regulations.

The City is specifically allowing sales of "adult" materials with no limits on size in certain reasonable areas of the City.

The City has found that larger concentrations of adult materials create a magnet which can, and in many communities has, increased crime in the area, especially sex crimes and crimes against women and children. The magnet nature of these stores brings in visitors from greater distances who do not have any connection to the local community.

(e)

The City has found that larger concentrations of adult materials can and do lead to declining property values, adverse impacts on other businesses, urban blight, and a general decrease in the quality of life. Generally, there is a disinvestment in areas near adult uses, especially in smaller communities such as our own. This trend is seen in many communities, but its impacts would be especially severe in Northampton because of our emphasis on commerce at the pedestrian scale.

These adult establishments, as defined in § 350-2, Definitions, will be allowed with a special permit from the Planning Board with the following conditions:

The Planning Board can establish clear days and times of operation to avoid conflict with any other noncompatible land uses.

Any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28, shall be prohibited from receiving or using a special permit for these uses.

Only in accordance with § 350-5.2.

§ 350-10.14 (Reserved)

§ 350-10.15 Planned Village District.

The Planned Village (PV) District is designed to encourage economic diversity and vitality, to foster the creation of a village or campus center with coherent development patterns similar to traditional Northampton development, to provide for an environment conducive to a high quality of life, to avoid unnecessary public expense for the extension of services, and to meet other community goals.

In addition to the § 350-10.1 special permit criteria and of § 350-11 site plan approval criteria, the Planning Board must find that the following criteria are met before granting a special permit in the Planned Village District:

Project density and design will ensure that the project serves as a pedestrian-scale mixed village, and not an automobile-oriented collection of independent uses. This includes, but is not limited to, the following:

Maintaining a village appearance and feel on existing gateway(s) to Northampton by using buildings to frame the streetscape and avoiding holes in the urban streetscape fabric.

Ensuring that housing and village uses are designed to maximize pedestrian circulation within the project and connecting to surrounding areas, both through the design of circulation systems and through the design and layout of land uses.

Using building designs and design guidelines to create a compatible and attractive urban village.

By using retail, institutional and other land uses to keep the urban village tightly focused and walkable, and maintain a focus on gateway(s) to Northampton and respect surrounding land uses.

The project, including any concurrent road improvements, will not decrease the level of service (LOS) of any area roads or intersections below the existing conditions and shall consider the incremental nature of development on the LOS. In reviewing projects the Board shall look at other projects permitted or planned for the PV Zone and consider the cumulative impacts. If requested by the applicant, the Planning Board may accept in-lieu-of payments to fund a project's proportional share of necessary improvements to mitigate off-site traffic impacts, including provision of public transit and pedestrian or bicycle paths, in lieu of requiring off-site improvements, when it finds that such payments, in conjunction with funds from other projects or sources, will be used to fund improvements to mitigate traffic impacts.

Landscaping, new buildings, parking, lighting, and other improvements in the Planned Village District must be designed and maintained to minimize the visual intrusion to the surrounding area and to preserve and enhance the existing campus layout or be designed to create a new compact and coherent village or campus center appearance. The Planning Board shall find that this criterion is met if:

Construction will cause no more than minimal disturbance of existing ridgelines and hilltops and will, to the extent possible, preserve existing specimen trees and other desirable natural features.

All permanent mechanical equipment is screened from public view and from views from surrounding properties and ways.

The design and appearance of proposed new buildings, renovations, and other improvements are designed for visual compatibility within the site and the surrounding area; or private covenants are established for the development that require adequate architectural controls sufficient to ensure compatibility within the site and surrounding area in the design, construction, and maintenance of improvements. Generally, buildings should be a minimum of two stories in height.

All feasible measures to mitigate on-site and off-site traffic impacts must be taken, including measures to facilitate access to existing or likely public transit and to existing or likely off-site pedestrian and bicycle paths.

Development must be designed to ensure easy access to surrounding parcels in the PV and to the surrounding open space.

Where a planned village is developed in phases, the residential development (excluding that developed in accordance with the zoning requirements for reuse of historic buildings and units above the first floor) may not exceed the percentage of allowed residential use in PV listed the Table of Use Regulations. The Planning Board may, as part of the special permit process, approve a phasing plan where residential use temporarily exceeds the maximum percentage by no more than 20%, if they find:

Such approval will advance commercial development, housing for Department of Mental Health clients, or affordable housing aspects of the project and ensure that commercial space is developed in a reasonable time; and

If the project will not exceed the allowable percentages for more than two years.

For the purposes of this section, commercial space shall be considered developed when it is occupied for commercial uses or under an agreement or covenant to be sold and developed within six months and up to 150,000 square feet of commercial space shall be considered developed when the Office of Planning and Sustainability, in consultation with the Department of Public Works, finds that the following criteria have been met:

All necessary state and local permits and MEPA review (including the Secretary's approval of any necessary final EIR), except building permits, have been obtained.

All on and off-site road and transportation facilities necessary to serve that development are in place and are committed to the project.

All public and private utilities, including water, sewer, storm sewer, electric, phone, cable TV, and any high speed telecommunications services, are in place to serve the site.