Special permits authorized by this chapter shall be granted only after application to and a hearing by the special permit granting authority and subject to the provisions of MGL c. 40A and this chapter. The special permit granting authority responsible for hearing a particular proposal shall be that board designated in the Table of Use Regulations (§
350-5.2) or other applicable sections. The special permit granting
authority shall be the Planning Board if no other board is specified.
A. Application for a special permit shall be made to
the Office of Planning and Sustainability and City Clerk on forms
provided for that purpose, accompanied by the required fee. Specific
rules governing the application and fee shall be adopted by each special
permit granting authority along with its rules of procedure and shall
be applicable to those special permits which are under its jurisdiction.
When the application has been received in a completed form as defined
by said rules, a copy shall be forwarded to the City Clerk. The stamp
of the City Clerk shall designate the date of filing.
B. Procedures.
(1) 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.
(2) 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.
C. 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:
(1)
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
(2)
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
(3)
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
(4)
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
(5)
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
(6)
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
(7)
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.
D. 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.
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:
A. 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.
B. Removal and processing operations shall not be conducted
closer than 50 feet to a public street or to any property line.
C. 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.
D. Off-street parking shall be provided as required in
the Table of Off-Street Parking Regulations.
E. Any access to excavated areas or areas in the process
of excavation shall be adequately posted with "KEEP OUT - DANGER"
signs.
F. 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.
G. Adequate provision is to be made for drainage during
and after the completion of operations.
H. Lateral support shall be maintained for all adjacent
properties.
I. 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.
J. 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.
K. Hours of operation shall be designated.
L. Provisions shall be made for the adequate control
of dust during operation.
M. 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.
(1)
Water supply and sanitary sewerage systems and
temporary and permanent drainage systems for the site.
(2)
Topographic mapping showing existing contours
at intervals of not more than two feet and contours of finished grade
after the conclusion of the operation.
(3)
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.
(4)
Submission of plan for lighting if night operation
is contemplated.
(5)
Proper provision for vehicular traffic, service
roads, and control of entrances and exits to highways.
(6)
The relocations of existing and future buildings
and operations machinery to the removal areas.
(7)
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.
N. 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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
O. 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.
P. Exemption. The removal of earth material in any of
the following operations shall be exempt from this section:
(1)
The removal of less than 10 cubic yards of material
in the aggregate in any year from any one lot.
(2)
The transfer of material from one part of a
lot to another part of the same lot.
(3)
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.
Q. 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. A site plan shall be submitted as required in § 350-11,
including the following additional information:
(1)
The premises and surrounding area within 100
feet showing;
(2)
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;
(3)
A tie-in to the nearest road intersection;
(4)
A plan for lighting if night operation is contemplated.
B. Provision shall be made for temporary and permanent
drainage of the site.
C. 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.
D. Regrading of all or parts of the slopes resulting
from such fill shall be carried out.
E. 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.
F. 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.
A. Exceptions The filling in of any land area shall be
exempt from this section, provided that all of the following conditions
are complied with:
(1)
A filling-in operation which does not exceed
a total of 500 cubic yards of material.
(2)
A filling-in operation which does not exceed
a total area of 10,000 square feet on any lot, land parcel or subdivision
thereof.
(3)
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.
(4)
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.
(5)
Filling-in operations necessary in connection
with lawful construction of a building, structure, street, driveway,
sidewalk, path or other appurtenance.
(6)
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.
B. 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.
C. 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:
(1)
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.
(2)
The location of any buildings, structures, utilities,
sewers, water and storm drains within 100 feet of the site.
(3)
A certification of the quantity of fill involved.
(4)
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.
(5)
A timing schedule and sequence indicating the
anticipated starting and completion dates.
(6)
A plan for lighting if night operation is contemplated.
(7)
Other plans, drawings or materials as may be
required by the Planning Board.
D. 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:
(1)
Provision shall be made for adequate temporary
and permanent drainage of the site.
(2)
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.
(3)
Regrading of all or parts of the slopes resulting
from such fill shall be carried out.
(4)
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.
(5)
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.
(6)
Filling of land area which falls within the
superimposed Floodplain District is prohibited.
(7)
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, the following rules and conditions shall apply:
A. 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:
(1)
Two-foot finished contours on the tract and
within 50 feet thereof.
(2)
The location and acreage of areas to be devoted
to specific uses.
(3)
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.
(4)
Proposed clustered residential density of development
and gross density of development in terms of square feet per family.
(5)
The proposed location of parks, open spaces
and other public or community uses.
(6)
Such other information as may be required by
the Planning Board.
B. 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:
(1)
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
(2)
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.
C. 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.
D. 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. 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.
(1)
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.
(2)
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.
E. Density.
(1)
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
|
(2)
The above densities are increased by up to 15%
if:
(a)
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
(b)
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
(c)
Affordable units are geographically dispersed
throughout the development; and
(d)
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.
(3)
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.
F. 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.
G. 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.
(1)
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.
(2)
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:
(a)
The public has a right to enter the property
for passive recreation; and
(b)
The land was not credited to any other open
space residential development nor to any other development or permit.
H. The Planning Board shall allow land with slopes of
up to 20% to qualify as open space if:
(1)
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
(2)
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
(3)
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
(4)
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.
I. 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:
(1)
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
(2)
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
(3)
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
(4)
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.
J. 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.
K. 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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
L. 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.
M. 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.
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. 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.
B. In addition to the material required in § 350-11,
the following must be shown on the site plan:
(1)
Two-foot contours on the parcel and within 50
feet thereof.
(2)
The location and dimensions of all buildings,
structures, and exterior use areas, including all parking areas and
driveways.
(3)
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.
(4)
Such other facts as the City Council may require.
C. 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:
A. The minimum acreage required shall be a parcel or
tract of land of at least 10 acres.
B. 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.
C. 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.
D. Sufficient off-street parking facilities should be
provided to accommodate all users and visitors to the property, as
determined by the Planning Board.
E. 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.
F. 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.
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.
A. 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.
B. 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:
(1)
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.
(2)
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.
(3)
Demonstrate that all approval criteria have
been addressed.
C. 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.
(1)
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.
(2)
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.
(3)
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:
(a)
Selecting the type of tower (e.g., monopole,
guyed or freestanding lattice) with the least visual impact.
(b)
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.
(c)
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).
(d)
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.
(4)
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.
(5)
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:
(a)
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.
(b)
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.
(6)
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.
(7)
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.
D. Small cell facilities.
(1)
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.
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:
A. All provisions in the definition of "home business" in §
350-2.1.
B. Goods may only be offered for sale from the premises
if the Zoning Board of Appeals expressly permits it in the issued
special permit.
C. The hours of operation shall be expressly stated in
the special permit issued by the Zoning Board of Appeals.
D. 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.
E. 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.
F. All special permits for home businesses are nontransferable
and are specifically issued to a specific applicant for a specific
home business.
G. 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.
Establishments with a drive-through component allowed only by
special permit from the Planning Board must meet the following in
order to receive Planning Board approval:
A. They
may only be allowed when drive-through use is not the principal use
on the lot; and
B. They
must not require a second curb cut to the street to serve the drive-through
function; and
C. They
must be designed around and to accommodate safe pedestrian flows within
the site and to/from the site, including raised crosswalks and/or
other extraordinary measures.