It is the purpose of this § 350-20
to establish Sustainable Growth Overlay Districts (SG) and to encourage
smart growth in accordance with the purposes of MGL c. 40R, and to
foster a range of housing opportunities along with a mixed-use development
component, to be proposed in a distinctive and attractive site development
program that promotes compact design, preservation of open space,
and a variety of transportation options. Other objectives of this
§ 350-20 are to:
A. Promote the public health, safety, and welfare by
encouraging diversity of housing opportunities;
B. Provide for a full range of housing choices for households
of all incomes, ages, and sizes in order to meet the goal of preserving
municipal character and diversity;
C. Increase the production of a range of housing units
to meet existing and anticipated housing needs;
D. Provide a mechanism by which residential development
can contribute directly to increasing the supply and diversity of
housing;
E. Establish requirements, standards, and guidelines,
and ensure predictable, fair and cost-effective development review
and permitting;
F. Establish development standards to allow context-sensitive
design and creative site planning; and
G. Enable the City to receive zoning incentive payments
and/or density bonus payments in accordance with MGL c. 40R, 760 CMR
59.06, and MGL c. 40S, arising from the development of housing in
the SG District.
For purposes of this § 350-20, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this §
350-20.2, or as set forth in the rules and regulations of the Permit Approval Authority ("regulations"). To the extent that there is any conflict between the definitions set forth is this §
350-20.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
AS-OF-RIGHT PROJECT or PROJECT
A multifamily-use development, townhouse development, or single-family development allowed under §
350-20.5 as-of-right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.
DESIGN GUIDELINES
A.
For the purpose of this section, the term "Design Guidelines"
shall refer to and be subject to the requirements of the term "design
standards" as provided for under MGL c. 40R, § 10 and 760
CMR 59.04(1)(f).
B.
For Village Hill Smart Growth Subdistricts A, B and C as defined in §
350-20.18, the document entitled "Design Guidelines: The Village at Hospital Hill," prepared for Hospital Hill Development, LLC, by Beals and Thomas, Inc., Southborough, MA, dated July 17, 2003, and revised July 2, 2004, containing 31 pages (the "Design Guidelines"), approved by the Massachusetts Department of Housing and Community Development (DHCD) on August 21, 2007, with pages one through 10 not applying to Projects in the SG District. Said Design Guidelines are applicable to all Projects within the SG District that are subject to Plan Approval by the Plan Approval Authority. A copy of the Design Guidelines is on file in the office of the City's Planning Board.
C.
For all other Smart Growth Districts, the site plan design requirements are specified below in §
350-20.19.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MONITORING AGENT/ADMINISTERING AGENCY
The local housing authority or other qualified housing entity designated by the municipality (the PAA, chief executive, or other designated municipal official), pursuant to §
350-20.7, to review and implement the affordability requirements affecting projects under §
350-20.7.
PLAN APPROVAL
Standards and criteria which a Project in the SG District
must meet under the procedures established herein and in the Enabling
Laws.
PLAN APPROVAL AUTHORITY
For purposes of reviewing Project applications and issuing
decisions on development Projects within the SG District, the Planning
Board, consistent with MGL c. 40R and 760 CMR 59.00, shall be the
Plan Approval Authority (the "PAA"), and is authorized to approve
a site plan to implement a Project.
RECREATIONAL USES
Active recreational uses, including but not limited to ballfields;
and passive recreational uses, including but not limited to walking
and bicycle paths. Amusements or motorized uses shall not be considered
eligible recreational uses.
In accordance with the provisions of MGL c.
40R and 760 CMR 59.00, an applicant for a Project located within the
SG District may seek Plan Approval in accordance with the requirements
of this § 350-20. In such case, notwithstanding anything
to the contrary in this Zoning Ordinance, such application shall not
be subject to any other provisions of this Zoning Ordinance, including
limitations upon the issuance of building permits for residential
uses related to a rate of development or phased growth limitation
or to a local moratorium on the issuance of such permits, or to building
permit or dwelling unit limitations.
The following uses are permitted as of right
in the SG District in all subdistricts, subject to plan approval,
except as specified below:
A. Parking, including surface, subsurface garage parking,
and structured parking (e.g., parking garages).
B. Open space and recreational uses.
C. Accessory uses customarily incidental to any of the
above permitted uses.
D. Single-family, multifamily, townhouse, additional uses as detailed in §§
350-20.18 and
350-20.19 below.
The PAA, as a condition of any Plan Approval, may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA, unless it receives written authorization to do otherwise by the Department, shall assure that each phase contains at least the minimum percentage of Affordable Housing units required under §
350-20.7B and the required number of Affordable Housing Units in the Project as a whole, as per §
350-20.7B. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the City until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project.
Density shall be as described within each SG District below.
Parking requirements for the units built in accordance with §
350-20.19 below shall be: one space per 1,000 square feet of gross floor area, up to two spaces maximum required per unit. There are no minimum parking requirements for units created in §
350-20.18 below.
Signs shall conform with the requirements of § 350-7, effective as of December 1, 2006; provided, however, §§
350-7.2C(3),
(4),
(5) and
(6) shall not apply, and §
350-7.2Q shall not apply in the SG District to any sign advocating any candidacy or cause which is under consideration at a particular election.
The PAA must find that the design criteria specified for specific overlay districts below (§§
350-20.18 and
350-20.19) are met before granting Plan Approval in the SG District:
Application for Plan Approval, or any phase
thereof, shall be made to the City Clerk and the PAA on forms provided
for that purpose, accompanied by the required fee. The PAA may adopt
specific rules governing paper and electronic application and the
number of copies. Such rules and regulations shall not take effect
until approved by the Department of Housing and Community Development
and filed with the City Clerk. The application for Plan Approval shall
be accompanied by a site plan, drawings and supporting documentation,
in a form specified by the PAA's rules and regulations, which shall
show, among other data, the following. Plans submitted shall be prepared
(and stamped) by a registered architect, landscape architect, or professional
engineer. Upon written request, the PAA may, at its discretion, waive
the submission by the applicant of any of the required information,
provided the applicant provides some written information on each of
the items below and explains why a waiver is appropriate.
B. Site plan(s) at a scale of one inch equals 40 feet
(or greater) showing the following:
(1)
Name and address of the owner and the developer,
name of the Project, and date and scale of plans.
(2)
The location and boundaries of the lot, adjacent
streets or ways, the location and owners' names of all adjacent properties
and those within 300 feet of the property line, and all zoning district
boundaries.
(3)
Existing and proposed structures, including
setbacks from property lines, structure elevations, and all exterior
entrances and exits. Elevation plans of all exterior facades of proposed
structures are required for towers and strongly encouraged for other
structures.
(4)
Present and proposed use of the land and buildings.
(5)
Existing and proposed topography at two-foot
contour intervals, showing wetlands, streams, surface water bodies,
drainage swales, floodplains, and unique natural land features (For
intermediate projects, the permit granting authority may accept generalized
topography instead of requiring contour lines.).
(6)
Location of parking and loading areas, public
and private ways, driveways, walkways, access and egress points, including
proposed surfacing.
(7)
Location and description of all stormwater drainage
facilities (including stormwater detention facilities, water quality
structures, drainage calculations where applicable, and drainage easements),
public and private utilities, sewage disposal facilities, and water
supply.
(8)
Existing and proposed landscaping, including
trees and other plantings (including the size and type of plantings),
stone walls, buffers, screening, and fencing.
(9)
Location, dimensions, height, color, and illumination
of existing and proposed signs.
(10)
Provisions for refuse removal, with facilities
for screening of refuse when appropriate.
(11)
An erosion control plan and any other measures
taken to protect natural resources and water supplies.
C. Estimated daily and peak-hour vehicle trips generated
by the proposed use, traffic patterns for vehicles and pedestrians
showing adequate access to and from the site, and adequate vehicular
and pedestrian circulation within the site. For nonresidential and
mixed-use Projects, at the request of the PAA, an applicant shall
prepare a traffic impact statement including the following information:
(1)
Traffic flow patterns at the site, including
entrances and egresses, loading and unloading areas, and curb cuts
on site and within 100 feet of the site.
(2)
A plan to minimize traffic safety impacts of
the proposed project through such means as physical design and layout
concepts, staggered employee work schedules, promoting use of public
transit or van or car-pooling, or other appropriate means. For new
commercial, office, and industrial buildings or uses over 10,000 square
feet, this plan shall evaluate alternative mitigation methods to reduce
traffic by 35%, including:
(a)
Public transit, van and car-pool incentive programs,
including parking facilities and weather-protected transit shelters;
(b)
Encouraging flexible hours and work weeks;
(c)
Encouraging pedestrian and bicycle access to
the site; and
(d)
Provision of integrated land uses, including
on-site services, retail, and housing.
(3)
A detailed assessment of the traffic safety impacts of the proposed Project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site for daily-hour and peak-hour traffic levels, road capacities, and impacts on intersections. Said assessment may be based on the proposed mitigation (in the plan required by Subsection
B above).
(4)
An interior traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems.
(5)
Adequate pedestrian access, including provisions
for sidewalks to provide access to adjacent properties and between
individual businesses within a development.
D. Evidence that the Project complies with the cost and eligibility requirements of §
350-20.7C.
E. Project plans that demonstrate compliance with the design and construction requirements of §
350-20.7D.
F. A form of Affordable Housing Restriction that satisfies the requirements of §
350-20.7E.
G. Other information as may be necessary to determine
compliance with the provisions of the SG District.
The provisions of the SG District shall be administered
by the Building Commissioner, except as otherwise provided herein.
Any appeal arising out of action by the PAA regarding an application
for Plan Approval hall be governed by the applicable provisions of
MGL c. 40R. Any other request for enforcement or appeal arising under
this section shall be governed by the applicable provisions of MGL
c. 40A.
If any provision of this § 350-20
is found to be invalid by a court of competent jurisdiction, the remainder
of § 350-20 shall remain in full force. The invalidity of
any provision of this § 350-20 shall not affect the validity
of the remainder of the City's Zoning Ordinance.
The Village Hill Sustainable Growth Overlay District is an area
as shown on the map having an area of approximately 30 acres.
A. Permitted uses; location of subdistricts.
(1)
There are hereby established three subdistricts within the Village
Hill SG District with uses allowed as follows:
(a)
Subdistrict A: single-family development.
(b)
Subdistrict B: multifamily development, townhouse development,
mixed-use development, with a total of 60,000 square feet of office
use; provided, however, that at least 7,000 square feet of nonresidential
use shall be situated under dwelling units.
(c)
Subdistrict C: multifamily development, townhouse development,
single-family development.
(2)
The location of these subdistricts is shown on the SG District
Map.
B. Density.
(1)
Subdistrict A: In Subdistrict A, development shall be permitted
at a density of up to eight units per acre.
(2)
Subdistricts B and C: In Subdistricts B and C, development shall
be permitted at a density of up to 21 units per acre.
C. Design.
(1)
Landscaping. New buildings, parking, lighting, and other improvements
in the District shall be designed and maintained to minimize the visual
intrusion to the surrounding area and to preserve and enhance the
existing campus layout or be designed to create a new compact and
coherent village or campus center appearance. The PAA shall find that
this criterion is met if:
(a)
Construction shall cause no more than minimal disturbance of
existing ridgelines and hilltops and will, to the extent possible,
preserve existing specimen trees.
(b)
All permanent mechanical equipment is screened from public view
and from views from surrounding properties and ways.
(c)
Generally, buildings are a minimum of two stories in height.
(2)
Accessibility. Development shall be designed to ensure access
to surrounding parcels in the PV District and to the surrounding open
space.
(3)
Required design. The Project shall comply with the site plan
Design Guidelines for Village Hill.
The Urban Residential Sustainable Growth Overlay is shown on
the map and contains approximately half an acre.
A. Permitted uses: single-family, multifamily development, townhouse
development.
B. Density: allows density of 20 or more units per acre.
C. Design: Any multifamily or townhouse project creating seven or more
units in one or more phases within a five-year period shall comply
with the following:
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Front doors must face the street. For units extending behind
front units, where entries orient to the side lot, 20-foot side setback
shall apply unless other means to create a buffer/private outdoor
space to adjoining property are approved by the PAA.
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Buildings must have a covered entry.
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Parking for more than 5 cars shall be distributed on the site
to minimize impact to the neighborhood character, which shall be accomplished
by small groupings of spaces surrounded by landscaping or parallel
parking along a narrow driveway to mimic an alley. Driveways wider
than 15 feet shall be visually buffered from side lot lines through
setbacks or screening to adequately block car headlights. These standards
shall apply unless the Board finds that an alternative means to accomplish
results is designed.
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(1)
Buildings and parking.
(a)
The first row of buildings along a street shall face the street
and add to the streetscape. There shall not be any parking, except
incidental to a driveway or roadway, between the first row of buildings
and the street. Parking shall be located behind buildings or designed
otherwise to minimize view from the public street.
(b)
The area between the property and the road pavement shall be
made to be pedestrian-friendly, with sidewalks, street furniture,
trees and other vegetation and approved by the PAA. All landscaping
incorporated as part of the applicant's design between the street
and the building(s) shall facilitate and enhance the pedestrian use
of sidewalks and other areas adjacent to the building. Such streetscape
may include rebuilding by the applicant, as necessary, of granite
curbs, ADA-compliant concrete sidewalks, tree belts, and drainage
improvements incorporating low-impact development standards for any
necessary drainage improvements triggered by these changes.
(c)
Buildings that abut existing residential properties shall incorporate
building articulation alongside facades. Building projections shall
be incorporated for any side facade that is longer than 30 feet.
(d)
Front facades shall have setbacks consistent with other buildings
within the block or provide a different setback that is necessary
to address any natural resources constraints, such as wetlands or
topography.
(2)
Streets and roadways.
(a)
Projects shall connect to all surrounding neighborhoods with
bicycle and pedestrian access to the extent possible.
[1] For projects that have more than one vehicular
access, driveways and roadways shall internally and externally connect
to each other and dead-end streets shall be avoided whenever possible.
Dead-end roadways and driveways shall never exceed 500 feet and, to
the extent possible, must include a bicycle and pedestrian connection
from the dead-end street to a street, common area, park or civic space.
[2] For projects that have a single vehicular access,
such access shall not exceed 500 feet and pedestrian access shall
also be provided directly from any street to residential units.
(b)
The design standards for the length of dead-end streets, protection of natural features, sidewalks, wheelchair ramps, landscaping, utilities, and the construction method and materials for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads and other infrastructure shall be those set forth in Chapter
290, Subdivision of Land. These standards shall apply even for private roadways and driveways that are not part of a subdivision, unless waived by the PAA.
(c)
Driveways and private roadways shall be designed to function
as private alleys, or shared streets with pedestrians and cyclists,
and engineered to keep speeds below 15 miles per hour, or yield streets
with separate sidewalks. Such sidewalks shall connect to sidewalks
along adjacent streets.
(d)
Vehicular access shall connect to surrounding streets as appropriate
to ensure safe and efficient flow of traffic within the surrounding
neighborhood and to mitigate increases in traffic on nearby streets.
(e)
Preexisting paths historically used as bicycle and pedestrian
trails shall be preserved to the extent possible and marked with appropriate
signage.
(f)
The PAA must find that:
[1] The requested use will promote the convenience
and safety of vehicular and pedestrian movement within the site and
on adjacent streets, cycle tracks and bike paths, minimize traffic
impacts on the streets and roads in the area. If applicable, this
shall include considering the location of driveway openings in relation
to traffic and adjacent streets, cross-access easements to abutting
parcels, access by public safety vehicles, the arrangement of parking
and loading spaces, connections to existing transit or likely future
transit routes, and provisions for persons with disabilities; and
the PAA may allow reduced parking requirements.
[2] The project, including any concurrent road improvements,
will not decrease the level of service (LOS) of all area City and
state roads or intersections affected by the project below the existing
conditions when the project is proposed and shall consider the incremental
nature of development and cumulative impacts on the LOS. The project
proponent must demonstrate that all cumulative and incremental traffic
impacts have been mitigated. If those impacts are not mitigated, the
PAA shall require in-lieu-of payments to fund a project's proportional
share of necessary improvements to mitigate off-site traffic impacts,
including provision of public transit and pedestrian or bicycle paths,
in lieu of requiring off-site improvements. All in-lieu-of payments
will be expended with the approval of the Mayor and City Council only
after first being introduced for recommendation to the Transportation
and Parking Commission, consistent with PAA conditions. In-lieu-of
traffic mitigation payment shall be assessed by the PAA after a fact-based
analysis of a specific project but shall not exceed that shown below.
Past experience has been that mitigation of all traffic impacts would
be higher than the maximum amount allowed and so many projects are
assessed the maximum allowed by the table. The PAA may exempt residential
projects whose traffic impacts are not greater than if they were developed
as an as-of-right development without PAA approval.
[a] In-lieu-of payments shall be based on peak-hour
trips. Peak trips are the number of one-way trips into or out of the
project during the project's peak traffic demand, typically but not
always weekday afternoon "rush hour." Peak-hour trips are calculated
based on $1,000 per peak trip generated or, if (and only if) this
does not address a project, the Institute of Traffic Engineers' (ITE)
trip generation data. The PAA retains the ability to use alternative
calculations if clear evidence to the contrary is provided (for example,
considering lower traffic generation from pass-by trips, late-night
shift changes, and mixed-use projects).
[3] Access by nonmotorized means must be accommodated
with facilities such as bike racks, sidewalk connections from the
building to the street, cycle tracks, and bike paths that are clearly
delineated through materials and/or markings to distinguish the vehicular
route from the nonvehicular route.
(3)
Park space.
(a)
All projects shall include a park/common area fully designed
and constructed to be integrated into the project, which area shall
be easily accessible and available for residents of the project. At
a minimum, this space shall be 300 square feet or 30 square feet per
dwelling unit of buildable land area, whichever is greater.
(b)
All such space shall be contiguous unless waived by the PAA
upon finding that it is in the public interest and consistent with
the intent and purpose of this section.
(4)
Environment and energy. Buildings shall meet one of the following
environmental standards:
(a)
Home Energy Rating System (HERS) rating no greater than 47 for
units of 1,200 square feet or less, and no greater than 41 for units
larger than 1,200 square feet. Alternatively, for units of 1,200 square
feet or less, the PAA may consider a comparable energy standard to
the HERS rating of 47 after consultation with the Building Commissioner.
(b)
U.S. Green Building Council LEED New Construction Gold or Neighborhood
Development Gold Certified.
(5)
Equal access. All projects shall provide equal access to all
building amenities, park and civic space and public entrances to buildings
to residents of both affordable and nonaffordable units.
(6)
Internet connectivity. All projects that include infrastructure
making internet connectivity available shall do so without differences
in quality, capacity or speed to residents of both affordable and
nonaffordable units.
(7)
The site will function harmoniously in relation to other structures
and open spaces to the natural landscape, existing buildings and other
community assets in the area as it relates to landscaping, drainage,
sight lines, building orientation, massing, egress, and setbacks.
Rear and/or side wall facades within 50 feet of a completed or planned
section of a cycle track or bike path shall have features that invite
pedestrian access from that side of the building.
(8)
The requested use will not overload, and will mitigate adverse
impacts on, the City's resources, including the effect on the City's
water supply and distribution system, sanitary and storm sewage collection
and treatment systems, fire protection, streets and schools. The construction
materials and methods for water lines, sanitary sewers, storm sewers,
fire protection, sidewalks, private roads, and other infrastructure
shall be those set forth in the Northampton Subdivision Regulations
unless the PAA finds that a different standard is more appropriate.
Major projects that do not trigger separate stormwater permitting
shall have conditions that stipulate when inspections shall be completed
and submitted to the City. Annual reports, as necessary, depending
on the stormwater management system, shall be submitted to the City.
(9)
Compliance with the following technical performance standards:
(a)
Curb cuts onto streets shall be minimized. More than one curb
cut shall be permitted only when necessary to minimize traffic and
safety impacts.
(b)
Pedestrian, bicycle and vehicular traffic movement on site must
be separated, to the extent possible, and sidewalks must be provided
between businesses within a development and from public sidewalks,
cycle tracks and bike paths.
[1] All internal and external sidewalks will be constructed
of cement concrete. Sidewalks will be at least five feet in width.
[2] If gratings are located in walking surfaces, then
they shall have spaces no greater than 1/2 inch wide in one direction.
If gratings have elongated openings, then they shall be placed so
that the long dimension is perpendicular to the dominant direction
of travel.
[3] Ramps allowing access to the sidewalk and street
by variously abled persons shall be required at the corner or within
the curb area immediately adjacent to the sidewalk.
[4] For any new driveway, the portion of the driveway
that crosses the sidewalk shall conform to the sidewalk requirements
set forth herein, regardless of whether there is a sidewalk improvement
extending along the balance of the frontage property, with sidewalks
constructed with extra depth to withstand cars.
[5] The sidewalk cross slope of 1:50 should be maintained
across the entire driveway. The driveway apron should be located in
the tree belt between the pedestrian way and the roadway.
[6] Curb extensions may be used at any corner location,
or at any mid-block location where there is a marked crosswalk, provided
there is a parking lane into which the curb may be extended. They
may include transit stops. Curb extensions must be designed so as
not to impede bicycle traffic. Curbs may be extended into one or both
streets at a corner. No obstructions or private use should occur in
the curb extension.
(c)
Major projects over 5,000 sf, must have no increase in peak
flows from the one- or two- and ten-year Soil Conservation Service
design storm from predevelopment conditions (the condition at the
time a site plan approval is requested). Green infrastructure and
low-impact design shall be incorporated to the extent feasible to
ensure runoff is handled on site. At the very minimum, the runoff
from up to a one-inch rain storm (first flush) shall be detained on
site for an average of six hours. These requirements shall not apply
if the project will discharge into a City storm drain system that
the PAA finds can accommodate the expected discharge with no adverse
impacts. In addition, catch basins shall incorporate sumps of a minimum
of four feet and, if they will remain privately owned, a gas trap.