A.
The following schedule delineates permitted principal
and accessory uses for each zoning district classification. The schedule
also includes uses which require the issuance of a special permit
by either the Zoning Board of Appeals or Planning Board before establishment
in a particular zoning district.
B.
The following uses although not specifically listed
in the following schedule are permitted in any district:
(1)
Agricultural, horticultural, or floricultural uses
of more than five acres in size.
(2)
Land or structures for religious purposes as described
in MGL c. 40A, § 3. Land or structures within this category
are subject to bulk, height, yard sizes, lot areas, setbacks, open
space, parking and building coverage requirements of this bylaw.
|
SCHEDULE OF PERMITTED USES
TOWN OF ROCKLAND, MASSACHUSETTS
|
C.
Uses requiring special permit:
(1)
Retail sales of produce raised on premises.
(2)
Hospitals and medical/dental clinics.
(3)
Essential municipal facilities.
(4)
Country/private clubs.
(5)
Nursing/resting homes.
(6)
Planned unit developments.
(7)
Residential Commercial Care Facilities.
(8)
Municipal Facilities, including: police stations,
fire stations, libraries, and municipal office.
[Added 5-20-1996 ATM, Art. 45]
(9)
Wind
Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(10)
Wind
Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
C.
Uses requiring special permit:
(1)
Riding stables.
(2)
Hospitals and medical/dental clinics.
(3)
Essential public utility facilities.
(4)
Country/private clubs.
(5)
Nursing/resting homes.
(6)
Nursery for flowers and/or plants of five acres or
less in size.
(7)
Planned unit developments.
(8)
Residential Commercial Care Facilities.
(9)
Municipal Facilities, including: police stations,
fire stations, libraries and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(10)
Wind
Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
C.
Uses requiring special permit:
(1)
Hospitals and medical/dental clinics.
(2)
Essential public utility facilities.
(3)
Private clubs.
(4)
Nursing/resting homes.
(5)
Nursery for flowers and/or plants of five acres or
less in size.
(6)
Planned unit developments.
(7)
Residential Commercial Care Facilities.
(8)
Municipal Facilities, including: police stations,
fire stations, libraries, and municipal office.
[Added 5-20-1996 ATM, Art. 45]
(9)
Wind
Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(10)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
C.
Uses requiring special permit:
(1)
Hospitals and medical/dental clinics.
(2)
Essential public utility facilities.
(3)
Private clubs.
(4)
Nursing/resting homes.
(5)
Nursery for flowers and/or plants of five acres or
less in size.
(6)
Boarding house.
(7)
Planned unit developments.
(8)
Residential Commercial Care Facilities.
(9)
Municipal Facilities, including: police stations,
fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(10)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(11)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
A.
A.
The Business I District shall have the following schedule
of uses:
(1)
Permitted principal uses:
(a)
Retail businesses and commercial uses commonly
associated with neighborhood and community shopping areas, such as:
(b)
Personal and business service establishments
such as:
(c)
Eating establishments.
(d)
Churches and other houses of worship.
(e)
Public parks.
(f)
Governmental and/or public institutional uses.
(g)
Private clubs.
(h)
Funeral homes.
(i)
Two-family and multi-family residences, except
on or below street level floors.
[Amended 5-6-2013 ATM,
Art. 30]
(3)
Uses requiring special permit:
(b)
Eating and/or drinking establishments where
alcoholic beverages are served.
(c)
Liquor stores.
(d)
Essential public utility facilities.
(g)
Building supply stores.
(h)
Television and radio broadcast facilities.
(i)
Hospitals.
(j)
Shopping centers.
(k)
Residential Commercial Care Facilities.
(l)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(m)
Bowling alleys.
(n)
Video and Electronic Amusement halls.
(o)
Pool Halls.
(p)
Miniature Golf.
(q)
Roller Skating Rinks.
(r)
Tennis/Racquet Ball Facilities.
[Amended 5-12-2003 ATM, Art. 49]
(s)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
B.
The Business I District shall include that section
of Town presently zoned as Business situated along the westerly side
of Union Street from a point approximately 200 feet south of Rice
Avenue to a point approximately 200 feet north of Payson Avenue; and
along the easterly side of Union Street from a point at the northerly
intersection of Exchange Street to a point approximately 100 feet
north of Vernon Street.
A.
Permitted principal uses:
(1)
Retail business and commercial uses commonly associated
with neighborhood and community shopping areas such as:
(2)
Personal and business service establishments such
as:
(3)
Eating establishments.
(4)
Churches and other houses of worship.
(5)
Public parks.
(6)
Governmental and/or public institutional uses.
(7)
Private clubs.
(8)
Funeral homes.
(9)
Theatres and Bowling Alleys.
(10)
Nurseries for flowers and plants.
C.
Uses requiring special permit:
(1)
Automobile service stations and repair shops.
(2)
Eating and/or drinking establishments where alcoholic
beverages are served.
(3)
Liquor stores.
(4)
Essential public utility facilities.
(5)
Automobile agencies.
(6)
Tractor, trailer and boat sales establishments.
(7)
Building supply stores.
(8)
Television and radio broadcast facilities.
(9)
Hospitals.
(10)
Shopping centers.
(11)
Residential Commercial Care Facilities.
(12)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(13)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(14)
Video and Electronic Amusement halls.
(15)
Pool Halls.
(16)
Miniature Golf.
(17)
Roller Skating Rinks.
(18)
Tennis/Racquet Ball Facilities.
(19)
Multi-Family Development.
[Amended 5-12-2003 ATM, Arts. 49 and 50]
(20)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(21)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
(22)
Manufacturing, assemblage, processing, and storage operations
that are not offensive by reason of the emission of odor, fumes, dust,
smoke, noise and/or vibration, or that would have a negative impact
on the environment or living conditions within the Town or adjacent
towns.
[Added 5-6-2013 ATM,
Art. 32]
A.
Permitted principal uses:
C.
Uses requiring special permit:
[Amended 5-20-1996 ATM, Art. 48]
(3)
Research Laboratories.
(4)
Automobile service stations, repair shops and agencies.
(5)
Manufacturing, assemblage, processing, and storage
operations that are not offensive by reason of the emission of odor,
fumes, dust, smoke, noise and/or vibration, or that would have a negative
impact on the environment or living conditions within the Town or
adjacent towns.
[Amended 5-20-1996 ATM, Art. 43]
(6)
Municipal Facilities, including: police stations,
fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Art. 45]
(7)
Restaurants and coffee shops.
[Added 5-20-1996 ATM, Art. 48]
(8)
Eating or drinking establishments where alcoholic
beverages are served on the premises.
[Added 5-20-1996 ATM, Art. 48]
(9)
Movie Theaters.
[Amended 5-17-1999 ATM, Art. 35]
(10)
Tattoo and body piercing parlor provided that
the parlors are licensed by the applicable state and/or local licensing
authority. Further that no such parlor shall display any photographs
drawings or other depictions of tattoos or body piercing on signs
in the windows of or on the exterior of any such establishment. Any
application for special permit shall be subject to the Performance
Standards of Section VI of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(11)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(13)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(14)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
(15)
Supermarkets and/or other general retail stores.
[Added 5-7-2012 ATM,
Art. 62]
(16)
Medical/dental clinics.
[Added 5-1-2017 ATM,
Art. 46]
C.
Uses requiring special permit:
(2)
Automobile/Truck repair shops and agencies.
(3)
Research laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing
nude or partially nude dancing or other nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females; or Motion Picture Theaters as defined by MGL c.
40A, § 9A.
[Amended 5-20-1996 ATM, Art. 47]
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult
video store, establishment providing for nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females, or any other Motion Picture Theater as defined by
MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic
beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care
facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property
lines.
(d)
Any permit granted thereunder shall contain
a condition that prohibits the presence of persons under the age of
18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage
operations that are not offensive by reason of the emission of odor,
fumes, dust, smoke, noise and/or vibration, or that would have a negative
impact on the environment or conditions within the Town or adjacent
towns.
[Amended 5-20-1996 ATM, Art. 43]
(7)
Municipal Facilities, including: police stations,
fire stations, libraries, and municipal offices.
[Added 5-20-1996 ATM, Arts. 45 and 48]
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic
beverages are served on the premises.
(10)
Movie Theaters.
[Amended 5-17-1999 ATM, Art. 36]
(11)
Telecommunication towers.
(12)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(13)
Livery Business, Taxi Services, Limousine Services
and any similar transportation services.
[Amended 5-13-2002 ATM, Art. 42]
(14)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(15)
Supermarkets and/or other general retail stores
shall only be allowed by special permit by the Zoning Board of Appeals.
[Added 5-5-2008 ATM, Art. 4]
(16)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(17)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(19)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
(20)
Medical/dental clinics.
[Added 5-1-2017 ATM,
Art. 46]
C.
Uses requiring special permit:
(2)
Automobile/truck repair shops and agencies.
(3)
Research Laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing
nude or partially nude dancing or other nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females; or Motion Picture Theaters as defined by MGL c.
40A, § 9A.
[Amended 5-20-1996 ATM, Art. 47]
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult
video store, establishment providing for nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females, or any other Motion Picture Theater as defined by
MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic
beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care
facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property
lines.
(d)
Any permit granted thereunder shall contain
a condition that prohibits the presence of persons under the age of
18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage
operations that are not offensive by reason of the emission of odor,
fumes, dust, smoke, noise and/or vibration, or that would have a negative
impact on the environment or conditions within the Town or adjacent
towns.
[Amended 5-20-1996 ATM, Art. 43]
(7)
Municipal Facilities, including: police stations,
fire stations, libraries, municipal offices.
[Added 5-20-1996 ATM, Arts. 45 and 48]
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic
beverages are served on the premises.
(10)
Telecommunication towers.
(11)
Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw.
[Amended 5-14-2001 ATM, Art. 46]
(12)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(13)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(14)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(15)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
[Added 5-19-1997 ATM, Art. 64]
A.
Permitted principal uses:
(1)
Professional, administrative offices and office buildings;
(2)
Warehouse and wholesale and distribution centers,
including offices and showrooms;
(3)
Food processing packing and storage operations;
(4)
Bottling plants;
(5)
Banks;
(7)
Cemeteries, both human and pet;
(8)
Educational institutions;
(9)
Convention centers and hotels;
(10)
Funeral parlors and cemeteries;
(11)
Public utility facilities.
C.
Uses requiring special permit:
(1)
Eating and/or drinking establishments;
(2)
Research laboratories;
(3)
Sporting centers and athletic facilities;
(4)
Recreational uses;
(5)
Bus terminal and commuter parking areas;
(6)
Telecommunication towers;
(7)
Hospitals and medical centers;
(8)
Television, and radio broadcasting facilities;
(9)
Recycling centers;
(10)
Manufacturing, assemblage, processing and storage
operations that are not offensive by reason of the emission of odor,
fumes, dust, smoke, noise and/or vibration, or that would have a negative
impact on the environment or conditions within the Town or adjacent
towns.
(11)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(12)
Wind Energy Facilities 60 Kw or more.
[Added 5-4-2009 ATM, Art. 19]
(13)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(14)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
[Added 5-13-2002 ATM, Art. 36]
Uses permitted in Zoning District H-1 shall
be subject to all provisions of the Zoning bylaw that apply to Zoning
District I-2, Industrial Park.
C.
Uses requiring special permit:
(2)
Automobile/Truck repair shops and agencies.
(3)
Research laboratories.
(4)
Trucking terminals.
(5)
Adult Book or Video Stores or Establishments providing
nude or partially nude dancing or other nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females; or Motion Picture Theaters as defined by MGL c.
40A, § 9A.
(a)
From:
[1]
1,000 feet of any residential district.
[2]
2,000 feet of any other adult bookstore, adult
video store, establishment providing for nude or partially nude entertainment,
or nude or partially nude service of food or beverages performed by
males or females, or any other Motion Picture Theater as defined by
MGL c. 40A, § 9A.
[3]
1,000 feet of any establishment serving alcoholic
beverages which are consumed on the premises.
[4]
1,000 feet from any park.
[5]
5,000 feet from any school or licensed day care
facility.
[6]
1,000 feet from any place of worship.
(b)
All distances shall be measured from property
lines.
(d)
Any permit granted thereunder shall contain
a condition that prohibits the presence of persons under the age of
18 years on the premises while any persons are nude or partially nude.
(6)
Manufacturing, assemblage, processing and storage
operations that are not offensive by reason of the emission of odor,
fumes, dust, smoke, noise and/or vibration, or that would have a negative
impact on the environment or conditions within the Town or adjacent
towns.
(7)
Municipal facilities, including: police stations,
fire stations, libraries and municipal offices.
(8)
Restaurants and coffee shops.
(9)
Eating or drinking establishments where alcoholic
beverages are served on the premises.
(10)
Movie theaters.
(11)
Telecommunication towers.
(12)
Hotel, Motel and Extended Stay Lodging.
(13)
Drive through/drive-up windows. Drive through
or drive-up windows for any use which is otherwise allowed in the
zoning district shall only be allowed by special permit from the Zoning
Board of Appeals.
[Added 5-12-2003 ATM, Art. 46]
(14)
Liquor stores.
[Added 5-5-2008 ATM, Art. 5]
(15)
Wind Energy Facilities less than 60 Kw.
[Added 5-4-2009 ATM, Art. 20]
(16)
Commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, or veterinary kennel.
[Added 5-7-2012 ATM,
Art. 56; amended 5-1-2023 ATM by Art. 75]
(17)
Registered Marijuana Dispensary (RMD).
[Added 5-5-2014 ATM,
Art. 44]
[Added 5-17-1999 ATM, Art. 34]
A.
Purpose. The purpose of this section is to establish
a district in which wireless communications services may be provided
with minimal harm to the public health, safety and general welfare.
The purpose of this bylaw is also to establish appropriate siting
criteria and standards for communications towers and facilities, including,
but not limited to radio, television, and cellular communications.
This bylaw is intended to establish reasonable regulations while allowing
adequate service to residents, the traveling public and others within
the Town and to accommodate the need for the minimum possible number
of such facilities within the Town. Specifically, the Wireless Communications
Services District has been created to a) protect the general public
from hazards associated with wireless communications facilities; b)
minimize visual impacts from wireless communications facilities on
districts within Rockland and to preserve scenic views to and from
the Town's roadways, open space, recreational areas and waterways;
c) allow the provisions of necessary wireless communications services;
and d) promote shared use of facilities to minimize the need for additional
facilities. This section does not apply to satellite dishes and antennas
for residential use.
B.
Description of areas included in the Wireless Communications
Services District:
(1)
The Wireless Communications Services District shall
include all land located in the I-2, I-3 and I-4 Zoning Districts.
(2)
The Wireless Communications Services District shall
be construed as an overlay district with regard to said locations.
All requirements of the underlying zoning district shall remain in
full force and effect, except as may be specifically superseded herein.
C.
Special Permit Granting Authority. For the purpose
of this bylaw the Board of Appeals shall be the Special Permit Granting
Authority (hereinafter referred to as the "SPGA").
D.
Use restrictions. A wireless communications facility
(including antennas and accessory structures, if any) or devices (including
antennas or satellite dishes) may be erected in a Wireless Communications
Services District upon the issuance of a special permit by the SPGA
pursuant to Article 8, Section 80[1] and MGL c. 40A, subject to all of the following conditions:
(1)
The only wireless communications structures allowed
are free-standing monopoles, with associated antennas and/or panels.
Lattice style towers and similar facilities requiring three or more
legs and/or guy wires for support are not allowed. Wireless communications
devices such as antennas, dishes and panels, mounted on or in a building
or structure, are also allowed.
(2)
To the extent feasible, all service providers shall
co-locate on a single facility. Wireless communications facilities
shall be designed to accommodate the maximum number of users technologically
practical, taking into account relevant matters, such as, for example,
height limits, current and future technology. The intent of this requirement
is to reduce the number of facilities which will be required to be
located within the community.
(3)
Any proposed extension in the height, addition of
cells, antennas, dishes or panels, construction of a new facility,
or replacement of a facility, shall be subject to a new application
for an amendment to the Special Permit.
(4)
New facilities shall be considered by the SPGA only
upon a finding by the SPGA that existing or approved facilities or
facilities under construction cannot accommodate the wireless communications
equipment planned for the proposed facility.
(5)
In no event shall any monopole be located closer than
two miles to any other such facility except upon a specific finding
that such shorter distance does not derogate from the intent of this
bylaw.
(6)
Subject to such other limitations as expressed in
this bylaw, no facility or attached accessory antenna shall exceed
50 feet in height as measured from ground level at the base of the
facility except upon a specific finding that such greater height is
necessary and does not derogate from the intent of this bylaw.
(7)
All facilities shall be designed to be constructed
at the maximum height of 175 feet.
[Amended 5-2-2011 ATM, Art. 36]
(8)
A monopole shall not be erected nearer to any property
line than a distance equal to 1/2 of the vertical height of the facility
(inclusive of any appurtenant devices).
[Amended 5-2-2011 ATM, Art. 37]
(9)
A monopole shall not be erected nearer to a residential
lot line than 500 feet, except upon a specific finding that such shorter
distance does not derogate from the intent of this bylaw.
[Amended 5-5-2008 ATM, Art. 42]
(10)
Siting shall be such that the view of the facility
from adjacent abutters, residential neighbors and others areas of
Town shall be as limited as possible. All facilities shall be painted
or otherwise colored so they will blend in with the landscape or the
structure on which they are located. A different coloring scheme shall
be used to blend the facility with the landscape below and above the
tree or building line.
(11)
Wireless communications facilities shall be
suitably screened from abutters and residential neighborhoods.
(12)
Fencing, as appropriate, shall be provided to
control access to Wireless communications facilities and shall be
compatible with the scenic character of the Town.
(13)
Existing on-site vegetation shall be preserved
to the maximum extent practicable.
(14)
There shall be no signs, except for announcement
signs, no trespassing signs and a required sign giving a phone number
where the owner can be reached on a twenty-four-hour basis. The aggregate
of the signs shall not exceed three square feet.
(15)
Night lighting of the facilities shall be prohibited
unless required by the Federal Aviation Administration. Lighting shall
be limited to that needed for emergencies and/or as required by the
Federal Aviation Administration (FAA).
(16)
There shall be a minimum of one parking space
for each monopole, and be used in connection with the maintenance
of the facility and the site, and not to be used for the permanent
storage of vehicles. The parking space shall measure nine feet by
20 feet.
(17)
To the extent technologically feasible, all
network interconnections and utilities from the facility shall be
via underground land lines and underground connections.
(18)
Applicants proposing to erect facilities on
municipally owned land or structures shall provide evidence of contractual
authorization from the Town to conduct wireless communications services
on municipally owned property.
(19)
Traffic associated with the facility and accessory
facilities and structures shall not adversely affect abutting ways.
(20)
Satellite dishes, panels and/or antennas may
be located on or in structures or may be freestanding.
(21)
Satellite dishes, panels and/or antennas shall
be situated on a structure in such a manner that they are screened,
preferably not being visible from abutting streets. Free standing
dishes, panels or antennas shall be located on the landscape in such
a manner so as to minimize visibility from abutting streets and residences
and to limit the need to remove existing vegetation. All equipment
shall be colored, molded and/or installed to blend into the structure
and/or the landscape.
(22)
Antennas, panels or dishes located on a structure
shall not exceed 10 feet in height above the level of its attachment
to the structure.
(23)
Annual certification demonstrating continuing
compliance with the standards of the Federal Communications Commission,
Federal Aviation Administration and the American National Standards
Institute, including structural integrity certification by a professional
registered engineer and required maintenance, shall be filed with
the Building Commissioner by the Special Permit holder.
(24)
All unused facilities or parts thereof or accessory
facilities and structures which have not been used for one-year shall
be dismantled and removed at the owner's expense. The Special Permit
holder shall file and maintain in effect a bond ensuring that the
facilities shall be removed as provided for hereunder or when its
use has been discontinued. Said bond shall be from a company authorized
to do business in Massachusetts and shall be subject to the approval
of the Town. This shall be a condition of the Special Permit and shall
be filed prior to the issuance of the building permit.
(a)
Sample bond. All wireless communication companies
shall provide to the Town of Rockland a bond in the amount of $250,000
to guarantee any and all obligations regarding the installation, operation
and removal of such facility. Such bond shall remain in full force
and effect for the life of said operation.
(25)
Silver paint or galvanized finish shall be used
on the tower above the tree line to blend with the landscape. Green
paint to blend with the landscape shall be used to the tree line.
A cellular tower constructed within 100 feet of a residential district
shall be camouflaged.
[1]
Editor's Note: So in original.
E.
Procedure for a special permit:
(1)
All applications for wireless communications facilities, including towers, antennas, panels or satellite dishes shall be made and filed on the applicable application forms for site plan, design review and special permit in compliance with the application instructions. In addition to the requirements for Site Plan Review under Article VIII, Design Review under Article XIII, and the Special Permit Requirements under § 415-89 of the Rockland Zoning Bylaws, five copies of the following information must be submitted for an application to be considered complete. The Special Permit shall be applied for and obtained as a pre-condition for applying for and obtaining Site Plan Review and Design Review.
(a)
A site plan and design review at a scale of
one inch equals 40 feet which shall show all property lines, the exact
locations of the proposed facilities and structure(s), street, landscape
features, residential dwellings and neighborhoods and all buildings
within 500 feet of the facility.
(b)
A color photograph or rendition of the facility
with its antennas, dishes and/or panels. For satellite dishes, panels
or antennas, a color photograph or rendition illustrating the dish,
panel or antenna at the proposed location is required. A rendition
shall also be prepared illustrating a view of the monopole, dish,
panel or antenna from the nearest street or streets.
(c)
The following information must be prepared by
a professional engineer or other authorized representative, as appropriate
for the information being presented:
[1]
A description of the facility and the technical,
economic and other reasons for the proposed location, height and design;
[2]
Confirmation that the facility complies with
all applicable Federal and State standards;
[3]
A description of the capacity of the facility,
including the number and type of panels, dishes, antennas and/or transmitter
receivers that it can accommodate and the basis for these calculations;
[4]
If applicable, a written statement that the
proposed facility complies with, or is exempt from applicable regulations
administered by the Federal Aviation Administration (FAA), Federal
Communications Commission (FCC), Massachusetts Aeronautics Commission
and the Massachusetts Department of Public Health;
[5]
The applicable review and advertising fees as
noted in the application guidelines.
(d)
The applicant must produce and file proof of
authorization for the location proposed, such as a deed, lease, license
or preliminary approval of same, such as a letter of intent.
(e)
Nothing contained in this bylaw shall preclude
the SPGA from requesting additional information related to the subject
of the applications, which information shall be provided by the applicant.
F.
Criteria for review and approval:
(1)
The SPGA shall review all applications for communications
facilities and shall find:
(a)
That the location of the facilities is suitable
and the size, height, and design is the minimum necessary for that
purpose;
(b)
That the proposed facility will not adversely
impact historic structures or scenic views.
(c)
That there are no feasible alternatives to the
location of the proposed facility (including co-location) that would
minimize their impact and that the applicant has exercised good faith
in permitting future co-location of facilities at the site.
(d)
That the proposed facility is in compliance
with Federal and State requirements regarding aviation safety.
|
The findings, including the basis for such findings,
of the Board shall be stated in the written decision of approval,
conditional approval, or denial of the application for Special Permit.
|
(2)
The Board shall also impose, in addition to any applicable
conditions specified in the bylaw, such applicable conditions as it
finds reasonably appropriate to safeguard the neighborhood or otherwise
service the purposes of this bylaw, including, but not limited to:
screening, buffering, lighting, fences, modification of the exterior
appearance of the structures, limitation upon the size, method of
access or other traffic features, parking, removal or cessation of
use, or other requirements. Such conditions shall be imposed in writing
and the applicant may be required to post bond or other surety for
compliance with said conditions in an amount and form satisfactory
to the Board.
(3)
The Special Permit is granted for a period of two
years and shall lapse if substantial use or construction has not commenced
by such date, except for a good cause shown. And provided further
that such construction, once begun, shall be actively and continuously
pursued to completion within a reasonable time. Any extension, addition
or cells or construction of new or replacement facilities shall be
subject to an amendment of the Special Permit following the same procedure
as for an original grant of a Special Permit.
G.
Exemptions:
(1)
The following types of wireless communications facilities
are exempt from this bylaw:
H.
Severability. If a portion of this bylaw shall be
declared invalid by the final decision of an authorized agency or
court of competent jurisdiction, such invalidity shall not affect
the remaining portions, which shall remain in full force and effect;
and to this end the provisions of this bylaw are hereby declared severable.
B.
Purpose. To protect the Public Health by preventing
contamination of the ground and surface water resources providing
drinking water to the Town. Because pollution of our ground water
resources can occur as a result of the cumulative effect of many insignificant
uses, there is a need to establish parameters for land use in these
specific areas to avoid a build-up of pollutants that would effect
the water supplies.
C.
Watershed Protection District.
(1)
Prohibited uses. Within the Watershed Protection District,
the following Principal uses are prohibited from further development.
This bylaw does not prohibit existing facilities from continuing operation.
(a)
Sanitary Landfills.
(b)
Junk Yards.
(c)
Road Salt Stockpiles.
(d)
Manufacture or Storage of Hazardous Waste, being
defined as any substance controlled as being toxic or hazardous by
the Division of Hazardous Waste, under provisions of MGL c. 21C.
(e)
Disposal of Solid Wastes, other than brush and
stumps.
(f)
The Mining of Land, except as incidental to
a permitted use, such as cultivation of cranberries.
(2)
Special permit uses. The following shall be allowed
only if granted a Special Permit by the Zoning Board of Appeals.
(a)
Sales, Storage or Transportation of fuel oil
or gasoline as a principal use.
(b)
Any use which involves on-site disposal of process
wastes from operations other than personal hygiene and food for residents,
patrons and employees.
(c)
Any use involving generation of toxic or hazardous
waste materials in quantities greater than associated with normal
household use.
(3)
Special permit criteria. The Special Permit Granting
Authority (SPGA) shall be the Zoning Board of Appeals. Such permits
shall be issued if the SPGA determines that the intent of this bylaw,
as well as special criteria, are met. In making such determinations,
the SPGA shall give consideration to the reliability and feasibility
of the control measures proposed, and the degree of threat to water
quality which would result if the control measures failed. Special
Permits shall be granted only if the SPGA determines that groundwater
quality, from on-site waste disposal and other on-site operations
will not fall below Federal or State standards for drinking water,
or if groundwater quality is already below those standards, on-site
disposal, plus natural recharge will result in no further deterioration.
(4)
Submittals. The following shall be submitted in applying
for a Special Permit for development in the WPD.
(a)
A complete list of all chemicals, pesticides,
fuels and other potentially toxic or hazardous materials to be used
or stored on the premises in quantities greater than those associated
with normal household use, accompanied by a description of measures
proposed to protect from vandalism, corrosion, and leakage.
(b)
A description of potentially toxic or hazardous
wastes to be generated, indicating storage and disposal method, and
methods to provide for control of spills.
(c)
Evidence of approval by the Commonwealth of
Massachusetts, Department of Environmental Quality Engineering (DEQE)
of any industrial waste treatment or disposal system over 15,000 gallons
per day capacity.
(d)
For underground storage of toxic or hazardous
materials, evidence of qualified professional supervision of system
design and installation, with analysis by a professional engineer
in sanitary or civil engineering, registered in the Commonwealth of
Massachusetts.
(e)
For operations which allow the evaporation of
toxic or hazardous materials into the interiors of any structures,
a closed vapor recovery system shall be provided to prevent discharge
of contaminated condensate into the groundwater.
(5)
Toxic or hazardous wastes. Toxic or hazardous materials
include, without limitation, organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalines,
and include products such as pesticides, herbicides, solvents and
thinners.
[Added 5-2-2011 ATM, Art. 43]
A.
Purpose: The purpose of this bylaw is to promote the creation of
new large scale ground mounted solar photovoltaic installations by
providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations that address
public safety, minimize impacts on scenic, natural and historic resources
and to provide adequate financial assurance for the eventual decommissioning
of such installations. The provisions set forth in this section shall
apply to the construction, operation, and/or repair of large scale
ground mounted solar photovoltaic installations.
B.
Applicability: This section applies to large scale ground mounted
solar photovoltaic installations proposed to be constructed after
the effective date of this section. This section also pertains to
modifications to such installations that materially alter the type,
configuration, or size of these installations or related equipment.
C.
Description of areas included in the Ground Mounted Solar PV Overlay
District.
(1)
The Ground Mounted Solar PV Overlay District shall include all
land located in the R-1 zone with a minimum of five contiguous acres
of uplands, I-2, I-3, and I-4 zone with a minimum of three contiguous
acres of uplands.
(2)
Ground Mounted Solar PV Overlay District shall be construed
as an overlay district with regard to said location. All requirements
of the underlying zoning district shall remain in full force and effect,
except as may be specifically superseded herein, in which case the
provisions of this section of the bylaw shall apply.
D.
AS-OF-RIGHT SITING
BUILDING COMMISSIONER
BUILDING PERMIT
DESIGNATED LOCATION
LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
SITE PLAN REVIEW
SOLAR PHOTOVOLTAIC ARRAY
ZONING ENFORCEMENT AUTHORITY
Definitions.
That development may proceed without the need for a special permit. As-of-right development shall be subject to site plan review to determine conformance with local zoning bylaws and Subsection F, Site Plan Review, of this bylaw.
The inspector of buildings, building commissioner, or local
Inspector that is designated by the bylaw charged with the enforcement
of the zoning bylaws.
A construction permit issued by an authorized building inspector;
the building permit evidences that the project is consistent with
the state and federal building codes as well as local zoning bylaws,
site plan review, including those governing ground mounted large scale
solar photovoltaic installations.
The locations designated by Town Meeting, in accordance with
MGL c. 40, § 5, where ground mounted large scale solar photovoltaic
installations may be sited as of right.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof mounted, and has a minimum nameplate
capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the Photovoltaic system in Direct Current (DC).
Review by the Site Plan Review Authority to determine conformance with local zoning bylaws and Subsection F, Site Plan Review, of this bylaw. Site Plan Review Authority: For purposes of this bylaw, Site Plan Review Authority shall be the Planning Board.
An arrangement of solar photovoltaic panels.
The person or board charged with enforcing the zoning bylaws.
E.
General Requirements for Large Scale Solar Power Generation Installations.
(1)
Compliance with Laws, Bylaws and Regulations. The construction
and operation of all large scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
[Amended 5-7-2012 ATM,
Art. 52]
(2)
Building Permit and Building Inspection. No large scale solar
photovoltaic installation shall be constructed, installed or modified
as provided in this section without first obtaining an approval of
a Site Plan and a Building Permit.
(3)
Fees. The application for a building permit for a large scale
solar photovoltaic installation must be accompanied by the fee required
for a building permit.
F.
Site Plan Review. Ground mounted large scale solar photovoltaic installations
with 250 kW or larger of rated nameplate capacity shall undergo site
plan review by the Planning Board prior to construction, installation
or modification as provided in this section.
(1)
General. All plans and maps shall be prepared, stamped and signed
by a Professional Engineer licensed to practice in Massachusetts.
Site Plan Approval shall be an "expedited" application and permitting
process under which said facilities may be sited within one year from
the date of initial application to the date of final approval by the
Planning Board.
(2)
Required Documents. Pursuant to the site plan review process,
the project proponent shall provide the following documents:
(a)
A site plan showing:
[1]
Property lines and physical features, including
roads, for the project site;
[2]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[3]
Blueprints or drawings of the solar photovoltaic
installation signed by a Professional Engineer licensed to practice
in the Commonwealth of Massachusetts showing the proposed layout of
the system and any potential shading from nearby structures;
[4]
One or three line electrical diagram detailing
the solar photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and over current devices;
[5]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[6]
Name, address, and contact information for proposed
system installer;
[7]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[8]
The name, contact information and signature of
any agents representing the project proponent;
(b)
Documentation of actual or prospective access and control of the project site as per Subsection G, Site Control.
(d)
Zoning district designation for the parcel(s) of land comprising
the project site.
(e)
Proof of liability insurance.
(f)
A fully inclusive written estimate of the costs associated with
decommissioning and removal of equipment, reclamation of the site
including the relandscape prepared by a registered professional engineer
skilled and experienced in the estimation of the decommissioning cost
of such an installation. The amount shall include a written estimate
of the projected inflation of the decommissioning cost and an explanation
of the basis for calculating the increased removal costs due to inflation.
(h)
The Planning Board may waive documentary requirements as it
deems appropriate.
G.
Site Control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
H.
Operation and Maintenance Plan. The project proponent shall submit
a plan for the operation and maintenance of the large scale ground
mounted solar photovoltaic installation, which shall include measures
for maintaining safe access to the installation, stormwater controls,
lighting as well as general procedures for operational maintenance
of the installation.
I.
Utility Notification. No large scale ground mounted solar photovoltaic
installation shall be constructed until written proof has been submitted
to the Planning Board that the utility company that operates the electrical
grid where the installation is to be located has been informed of
the solar photovoltaic installation owner or operator's intent to
install an interconnected customer-owned generator on the site. Off-grid
systems shall be exempt from this requirement.
J.
Dimension and Density Requirements.
(1)
Setbacks. For large scale ground mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
(a)
Front Yard: The front yard depth shall be at least 50 feet.
(b)
Side Yard: Each side yard shall have a depth at least 30 feet;
except where the lot is in a Residential District or abuts a Residential
District, the side yard shall not be less than 50 feet.
(c)
Rear Yard: The rear yard depth shall be at least 30 feet; except
where the lot is in a Residential District or abuts a Residential
District, the rear yard shall not be less than 50 feet.
(2)
Appurtenant Structures. All appurtenant structures to large
scale ground mounted solar photovoltaic installations shall be subject
to reasonable regulations concerning the bulk and height of structures,
lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. Structures should be
screened and shaded from view by vegetation and/or joined or clustered
to avoid adverse visual impacts.
K.
Design Standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall
be consistent with local, state and federal law. Lighting of other
parts of the installation, such as appurtenant structures, shall be
limited to that required for safety and operational purposes, and
shall be shielded from abutting properties and designed so as to limit
to the extent practical the light emanating from the site onto abutting
properties. Where feasible, lighting of the solar photovoltaic installation
shall be directed downward and shall incorporate full cutoff fixtures
to reduce light pollution.
(2)
Signage.
(a)
Signs on large scale ground mounted solar photovoltaic installations
shall comply with the provisions of the zoning bylaw governing signs.[1] A sign consistent with the sign bylaw shall be required
to identify the owner and provide a twenty-four-hour emergency contact
phone number.
(b)
Solar photovoltaic installations shall not be arranged or used
for displaying any advertising except for reasonable identification
of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility Connections. Reasonable efforts, as determined by the
Site Plan Review Authority, shall be made to place all utility connections
from the solar photovoltaic installation underground, depending on
appropriate soil conditions, shape, and topography of the site and
any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
(4)
Controlled Access. Fencing shall be installed to prevent unauthorized
access to the entire installation including solar panels, appurtenant
structures, equipment shelters, storage facilities, transformers,
and substations, and the like. A copy of the key to access the installation
or any alternate access arrangements shall be provided to the Rockland
Police and Fire Departments for emergency purposes.
L.
Safety and Environmental Standards.
(1)
Emergency Services. The large scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, emergency response plan and site plan to the Fire Department
at the same time as the application is submitted to the Planning Board
and the Fire Department shall be afforded the opportunity to comment
on the proposed project prior to the closing of the public hearing.
Upon request the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the solar photovoltaic installation shall be clearly marked.
The owner or operator shall identify a responsible person for public
inquiries throughout the life of the installation.
(2)
Land Clearing, Soil Erosion and Habitat Impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large scale ground mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
M.
Monitoring and Maintenance.
(1)
Solar Photovoltaic Installation Conditions. The large scale
ground mounted solar photovoltaic installation owner or operator shall
maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Building Commissioner. The owner or operator shall be responsible
for the cost of maintaining the solar photovoltaic installation and
any access road(s), unless accepted as a public way.
(2)
Modifications. All modifications to a solar photovoltaic installation
made after issuance of the required building permit shall require
approval by the Planning Board.
N.
Abandonment or Decommissioning.
(1)
Removal Requirements. Any large scale ground mounted solar photovoltaic
installation which has reached the end of its useful life or has been
abandoned shall be removed. The owner or operator shall physically
remove the installation no more than 150 days after the date of discontinued
operations. The owner or operator shall notify the Building Commissioner
by certified mail of the proposed date of discontinued operations
and plans for removal not less than 30 days prior to the date projected
for removal. The owner or operator shall obtain a Demolition Permit
from the Building Department prior to the removal. The decommissioning
shall consist of:
(a)
Physical removal of all large scale ground mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
O.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Building
Commissioner. If the owner or operator of the large scale ground mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the Town may
enter the property and physically remove the installation at the cost
and expense of the owner and operator and the cost and expense thereof
shall be paid by the owner and/or operator together with any and all
legal cost and expenses associated with recovering the cost and expenses.
P.
Financial Surety. The operator of a large scale ground mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent in Subsection F(2)(f). Such surety will not be required for municipally or state-owned facilities.
[Added 5-1-2017 ATM,
Art. 32]
A.
Purpose.
(1)
The purpose of this section is to establish the Downtown Rockland
Revitalization Overlay District (DRROD), to encourage smart growth
in accordance with the purposes of MGL c. 40R. The DRROD will facilitate
mixed-use, diverse, and affordable housing development to meet local
need and demand in Rockland, and expand commercial and housing opportunity
in Rockland's downtown area.
(2)
Other objectives of this section are to:
(a)
Implement the goals and strategies of the Rockland Housing Production
Plan (2016), which recommends an overlay district be adopted in the
downtown area of Rockland.
(b)
Enable an increase in housing production that will provide for
a full range of housing choices for households of all incomes, ages,
and sizes in order to preserve Rockland's community character.
(c)
Enable a mix of uses along Union Street corridor in order to
advance walkability, safety, convenience, and to meet local need and
demand for appropriate amenities.
(d)
Ensure high-quality site planning, architecture, and landscape
design that enhances the distinct visual character and identity of
downtown Rockland.
(e)
Ensure predictable, fair, and cost-effective development review
and permitting.
(f)
Generate positive tax revenue.
(g)
Enable the Town to receive Zoning Incentive Payments and/or
Density Bonus Payments in accordable with MGL c. 40R, 760 CMR 59.06,
and MGL c. 40S arising from housing development in the DRROD.
B.
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
APARTMENT
APPLICANT
ARTS AND CRAFTS STUDIO AND WORKSHOP
AS-OF-RIGHT
BUILDING
COMMUNITY FACILITY
DEPARTMENT or DHCD
DESIGN STANDARDS
DRROD
DWELLING UNIT
DWELLING, MULTI-FAMILY
DWELLING, THREE-FAMILY
DWELLING, TWO-FAMILY
ELIGIBLE HOUSEHOLD
ENABLING LAWS
FLOOR AREA
LIVE/WORK SPACE
MEDICAL OR DENTAL OFFICE
MIXED-USE DEVELOPMENT PROJECT
MONITORING AGENT or ADMINISTERING AGENT
OFFICE, BUSINESS OR PROFESSIONAL
PAA REGULATIONS
PERSONAL SERVICE ESTABLISHMENT
PLAN APPROVAL
PLAN APPROVAL AUTHORITY (PAA)
PROJECT
RESIDENTIAL PROJECT
RESTAURANT
RESTAURANT, CAFE
RESTAURANT, FAST-FOOD
RETAIL
SMALL-SCALE GROCER
ZONING BYLAWS
Definitions: For purposes of this section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Subsection B, or as set forth in the PAA Regulations. To the extent that there is any conflict between the definitions set forth in Subsection B or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection F(5) of this Bylaw.
An Affordable Housing unit required to be rented to an Eligible
Household.
A portion of a building equipped with housekeeping facilities
and used as a dwelling unit, for which periodic compensation is paid
and which is occupied by a person other than the legal owner.
The individual or entity that submits a Project for Plan
Approval.
An establishment for the preparation, display, and sale of
individually crafted artwork, jewelry, furniture, sculpture, pottery,
leathercraft, hand-woven articles, and related items.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, or property.
A noncommercial use established primarily for the benefit
and service of the population of the community in which it is located.
Community facility shall include but not be limited to community care
facility, community center, social services, and learning/training
facility.
The Massachusetts Department of Housing and Community Development,
or any successor agency.
Means provisions of Subsection M made applicable to Projects within the DRROD that are subject to the Plan Approval process.
The Smart Growth Overlay District established in accordance
with this section.
One or more rooms designed for occupancy by one family that
includes kitchen, sanitary and living facilities.
A building designed for occupancy by three or more families
living independently of each other, and containing three or more dwelling
units, separated by vertical walls or horizontal floor unpierced except
for access to the outside or to a common cellar.
A detached or semidetached building where not more than three
individual family or dwelling units are separated by vertical walls
or horizontal floors, unpierced except for access to the outside or
to a common cellar.
A detached or semidetached building where not more than two
individual family or dwelling units are separated by vertical walls
or horizontal floors, unpierced except for access to the outside or
to a common cellar.
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.
MGL c. 40R and 760 CMR 59.00.
The gross horizontal area of all floors (excluding area used
for parking) within the exterior walls of a building.
Spaces within buildings that are jointly used for artist
studio/commercial and residential purposes.
An office building or part thereof where one or more practitioners
engaged in a solo or group practice, whether conducted for profit
or not for profit, and however organized, wholly owned and controlled
by one or more of the practitioners.
A building, room or space where clerical or administrative
activities are performed.
The rules and regulations of the PAA adopted pursuant to Subsection I(3).
A facility providing personal services, including but not
limited to hair salon, barbershop, tanning beds, dry cleaning, print
shop, and photography studio.
The local approval authority authorized under Subsection I(2) to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the DRROD.
A Residential Project or Mixed-Use Development Project undertaken within the DRROD in accordance with the requirements of this § 415-21.2.
A Project that consists solely of residential, parking, and accessory uses, as further defined in Subsection E(1)(a).
A building which is designed, intended and used for the indoor
sales and consumption of food prepared on the premises, except that
food may be consumed outdoors in landscaped terraces, designed for
dining purposes, which are adjuncts to the main indoor restaurant
facility. The term "restaurant" shall not include "fast-food restaurant."
An informal restaurant primarily offering coffee, tea, and
other beverages, and where light refreshments and limited menu meals
may also be sold.
An establishment, such as a pizza or sandwich shop, whose
principal business is the sale of pre-prepared or rapidly prepared
food directly to the customer in a ready to consume state for consumption
either within the restaurant building or off premises and usually
requires ordering food at a counter. The term "restaurant, fast-food"
shall not include "restaurant, cafe."
A business having as its primary function the sale of goods,
wares, or merchandise directly to the ultimate consumer or persons
without a resale license.
Stores no larger than 10,000 square feet where most of the
floor area is devoted to the sale of food products for home preparation
and consumption, which typically also offer other homecare and personal
care products, and which are larger and carry a broader range of merchandise
than convenience stores.
The Zoning Bylaws of the Town of Rockland.
C.
Overlay District.
(1)
Establishment. The Downtown Rockland Revitalization Overlay
District, hereinafter referred to as the "DRROD," is an overlay district
having a land area of approximately 37.5 acres in size that is superimposed
over the underlying zoning district (s) and is shown on the Zoning
Map as set forth on the map entitled "Downtown Rockland Revitalization
Overlay District, dated February 2017, prepared by MAPC." This map
is hereby made a part of the Zoning Bylaws and is on file in the Office
of the Rockland Town Clerk.
 |
(2)
Subdistricts. The DRROD contains the following multifamily subdistricts:
Union Street Corridor Subdistrict, Webster Artist Studio Subdistrict
and the Emerson Lofts Subdistrict. The DRROD contains the following
mixed-use subdistrict: Sandpaper Artist Studio Subdistrict.
D.
Applicability of DRROD.
(1)
Applicability of DRROD. An applicant may seek development of
a Project located within the DRROD in accordance with the provisions
of the Enabling Laws and this section, including a request for Plan
Approval by the PAA, if necessary. In such case, notwithstanding anything
to the contrary in the Zoning Bylaws, such application shall not be
subject to any other provisions of the Zoning Bylaws, 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 other building permit
or dwelling unit limitations.
(2)
Underlying zoning. The DRROD is an overlay district superimposed
on all underlying zoning districts. The regulations for use, dimension,
and all other provisions of the Zoning Bylaws governing the underlying
zoning district(s) shall remain in full force, except for those Projects
undergoing development pursuant to this section. Within the boundaries
of the DRROD, a developer may elect either to develop a Project in
accordance with the requirements of the Smart Growth Zoning, or to
develop a project in accordance with requirements of the regulations
for use, dimension, and all other provisions of the Zoning Bylaws
governing the underlying zoning district(s).
(3)
Administration, enforcement, and appeals. The provisions of this section shall be administered by the Inspector of Buildings, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Subsections I through M shall 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.
E.
Permitted and prohibited uses.
(1)
The following uses are permitted as-of-right for Projects within
the Union Street Corridor Subdistrict of the DRROD.
(a)
Residential Projects. A Residential Project within the Union
Street Corridor Subdistrict of the DRROD may include:
[1]
Dwelling, two-family and three-family.
[2]
Dwelling, multifamily.
[3]
Conversion of any existing building to a multifamily
dwelling.
[4]
Parking accessory to any of the above permitted
uses, including surface, garage-under, and structure parking (e.g.,
parking garages).
[5]
Accessory uses customarily incidental to any of
the above permitted uses.
(b)
Mixed-use development project.
[1]
A Mixed-Use Development Project within the Union Street Corridor Subdistrict of the DRROD may include: Multifamily Residential Uses, provided that the minimum allowable as-of-right density requirements for residential use specified in Subsection G(1) shall apply to the residential portion of any Mixed-Use Development Project, with any of the following nonresidential uses:
[a]
Retail.
[b]
Restaurant, with service of alcoholic beverages,
no service of alcoholic beverages cafe, and fast-food.
[c]
Small-scale grocer.
[d]
Personal service establishment.
[e]
Bank.
[f]
Community facility.
[g]
Medical or dental office.
[h]
Business or professional office.
[i]
Arts and crafts studios and workshops.
[2]
Two and three-family Residential Uses, provided that the minimum allowable as-of-right density requirements for residential use specified in Subsection G(1) shall apply to the residential portion of any Mixed-Use Development Project, with any of the following nonresidential uses:
[3]
In either case, Mixed-Use Development Projects
may include:
[a]
Parking lot or structure as the primary use or
any parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages).
[b]
Accessory uses customarily incidental to any of
the above permitted uses.
[c]
The area devoted to residential uses within a Mixed-Use
Development Project shall occupy at least 51% of the gross floor area
of the Project. Residential uses shall not occupy the ground floor
level of a Mixed-Use Development Project.
(c)
Subdistricts. The following uses apply to the DRROD subdistricts:
[1]
Webster Artists Studio Subdistrict: multifamily
residential uses; live/work space; and arts and craft studios and
workshops.
[2]
Sandpaper Artists Studio Subdistrict: multifamily
residential uses; live/work space; and arts and craft studios and
workshops.
[3]
Emerson Lofts Subdistrict: multifamily residential
uses.
F.
Housing and housing affordability.
(1)
Number of Affordable Housing Units. For all Projects containing
at least 13 residential units, not less than 20% of housing units
constructed shall be Affordable Housing. Unless the PAA provides a
waiver on the basis that the Project is not otherwise financially
feasible, 25% of rental dwelling units constructed in a Project containing
rental units must be Affordable Rental Units. For purposes of calculating
the number of units of Affordable Housing required within a Project,
any fractional unit shall be deemed to constitute a whole unit. A
Project shall not be segmented to evade the Affordability threshold
set forth above.
(2)
Monitoring Agent. A Monitoring Agent which may be the local
housing authority or other qualified housing entity shall be designated
by the Planning Board. In a case where the Monitoring Agent cannot
adequately carry out its administrative duties, upon certification
of this fact by the designating official or by DHCD, such duties shall
devolve to and thereafter be administered by a qualified housing entity
designated by the designating official. In any event, such Monitoring
Agent shall ensure the following, both prior to issuance of a Building
Permit for a Project within the DRROD, and on a continuing basis thereafter,
as the case may be:
(a)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed;
(b)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(c)
The housing marketing and resident selection plan conform to
all requirements, have been approved by DHCD specifically with regard
to conformance with MGL c. 40R and 760 CMR 59.00, and are properly
administered;
(d)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given; and
(e)
Affordable Housing Restrictions meeting the requirements of
this section are approved by DHCD specifically with regard to conformance
with MGL c. 40R and 760 CMR. 59.00, recorded Plymouth County Registry
of Deeds.
(3)
Submission Requirements.
(a)
As part of any application for Plan Approval for a Project within the DRROD submitted under Subsections I through M (prior to submission of any application for a Building Permit), the Applicant must submit the following documents to the PAA and the Monitoring Agent:
[1]
A narrative document and marketing plan that establishes
that the proposed development of housing is appropriate for diverse
populations, including households with children, other households,
individuals, households including individuals with disabilities, and
the elderly;
[2]
Evidence that the Project complies with the cost
and eligibility requirements of Subsection E(4);
[3]
Project plans that demonstrate compliance with
the requirements of Subsection E(5); and
[4]
A form of Affordable Housing Restriction that satisfies
the requirements of Subsection E(6).
(b)
These documents in combination, to be submitted with an application
for Plan Approval (or, for Projects not requiring Plan Approval, prior
to submission of any application for a Building Permit), shall include
details about construction related to the provision, within the development,
of units that are accessible to the disabled and appropriate for diverse
populations, including households with children, other households,
individuals, households including individuals with disabilities, and
the elderly.
(4)
Cost and eligibility requirements.
(a)
Affordable Housing shall comply with the following requirements:
[1]
Affordable Housing required to be offered for rent
or sale shall be rented or sold to and occupied only by Eligible Households.
[2]
For an Affordable Rental Unit, the monthly rent
payment, including utilities and parking, shall not exceed 30% of
the maximum monthly income permissible for an Eligible Household,
assuming a family size equal to the number of bedrooms in the unit
plus one, unless other affordable program rent limits approved by
the DHCD shall apply.
[3]
For an Affordable Homeownership Unit the monthly
housing payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or homeowner's
association fees, insurance, and parking, shall not exceed 30% of
the maximum monthly income permissible for an Eligible Household,
assuming a family size equal to the number of bedrooms in the unit
plus one.
(b)
Prior to the granting of any Plan Approval for a Project, the
Applicant must demonstrate, to the satisfaction of the Monitoring
Agent, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to Rockland.
(5)
Design and Construction. Units of Affordable Housing shall be
finished housing units. Units of Affordable Housing shall be dispersed
proportionately throughout the Project of which they are part, across
all unit types and be comparable in initial construction quality,
size and exterior design to the other housing units in the Project.
Only unit types (e.g., live/work units, three-bedroom units) that
contain a proportionate share of the required percentage of Affordable
Housing will be considered eligible Bonus Units for the purposes of
the Enabling Laws. The bedroom-per-unit average for the Affordable
Housing must be equal to or greater than the bedroom-per-unit average
for the unrestricted/market-rate units.
(6)
Affordable Housing Restriction. Each Project shall be subject
to an Affordable Housing Restriction which is recorded with the Plymouth
Registry of Deeds or district registry of the Land Court and which
contains the following:
(a)
Specification of the term of the Affordable Housing Restriction
which shall be no less than 30 years;
(b)
The name and address of the Monitoring Agent with a designation
of its power to monitor and enforce the Affordable Housing Restriction;
(c)
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of Affordable
Rental Units in a Project or portion of a Project which are rental.
Such restriction shall apply individually to the specifically identified
Affordable Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project with
the initially designated Affordable Rental Units identified in, and
able to float in accordance with, the corresponding Affirmative Fair
Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines;
(d)
Reference to a housing marketing and resident selection plan,
to which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The plan shall designate the
household size appropriate for a unit with respect to bedroom size
and provide that the preference for such Unit shall be given to a
household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership will be set;
(g)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease of any Affordable
Rental Unit shall be given to the Monitoring Agent;
(h)
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the Monitoring
Agent;
(i)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Monitoring Agent and/or the municipality,
in a form approved by municipal counsel, and shall limit initial sale
and resale to and occupancy by an Eligible Household;
(j)
Provision that the restriction on Affordable Rental Units in
a rental Project or rental portion of a Project shall run with the
rental Project or rental portion of a Project and shall run in favor
of the Monitoring Agent and/or the municipality, in a form approved
by municipal counsel, and shall limit rental and occupancy to an Eligible
Household;
(k)
Provision that the owner[s] or manager[s] of Affordable Rental
Unit[s] shall file an annual report to the Monitoring Agent, in a
form specified by that agent certifying compliance with the Affordability
provisions of this bylaw and containing such other information as
may be reasonably requested in order to ensure affordability; and
(l)
A requirement that residents in Affordable Housing provide such
information as the Monitoring Agent may reasonably request in order
to ensure affordability.
(7)
Costs of Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the Project applicant
of reasonable costs to the Monitoring Agent to develop, advertise,
and maintain the list of Eligible Households and to monitor and enforce
compliance with affordability requirements.
(8)
Age Restrictions. Nothing in this § 415-21.2 shall permit the imposition of restrictions on age upon Projects throughout the entire DRROD. However, the PAA may, in its review of a submission under Subsection F(3), allow a specific Project within the DRROD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable units.
(9)
Phasing. For any Project that is approved and developed in phases in accordance with Subsection I(4), the percentage of Affordable units in each phase shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1). Where the percentage of Affordable Housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionate to the Affordable Housing provided for in each respective phase.
(10)
Fair Housing Requirement. All Projects within the DRROD shall
comply with all applicable federal, state and local fair housing laws
and regulations.
G.
Dimensional and density requirements.
(1)
Notwithstanding anything to the contrary in this Zoning Bylaw,
the dimensional requirements applicable in the DRROD are as follows:
|
Table of Dimensional Requirements
| ||
|---|---|---|
|
Characteristic
|
Recommendation
| |
|
Minimum lot area (square feet)
|
2,000
| |
|
Minimum lot area per dwelling unit (square feet)
|
Residential use or mixed-use: 500 square feet of lot area per
dwelling unit
| |
|
Allowable residential density (number of units per acre of developable
land) for multifamily development
|
20
| |
|
Minimum lot width (feet)
|
30
| |
|
Maximum lot coverage by all buildings (percent)
|
80%
| |
|
Minimum depth of front yard (feet)
|
0
| |
|
Minimum width of side yard (feet)
|
5
| |
|
Minimum width of rear yard (feet)
|
20
| |
|
Maximum height of buildings (feet)
|
45 along either side of Union Street; 40 anywhere else in the
DRROD*
| |
|
Maximum height of buildings (stories)
|
4 along either side of Union Street; 3 anywhere else in the
DRROD
| |
|
Minimum distance between buildings on lot (feet)
|
None
| |
|
NOTE:
| ||
|
*
|
If on-site underground parking is provided, the building height
may be increased to 50 feet.
| |
(2)
Dimensional Waivers in Substantially Developed Subdistrict. The PAA may, in order to encourage the development of infill housing units on undeveloped lots within a Substantially Developed Subdistrict, grant a waiver to the dimensional standards of Subsection G(1), in accordance with Subsection K(3).
H.
Parking requirements. The parking requirements applicable for Projects
within the DRROD are as follows:
(1)
Parking space location and design. Any surface parking lot shall,
to the maximum extent feasible, be located at the side or rear of
a building, relative to any public right-of-way, public open space,
or pedestrianway. In no case shall surface parking for new construction
be permitted within the required front yard setbacks.
(2)
Number of parking spaces.
(a)
Unless otherwise approved by the PAA, the following minimum
numbers of off-street parking spaces shall be provided by use, either
in surface parking, within garages or other structures, or on-street:
[1]
Dwelling, two-family, three-family and multifamily,
and live/work space: 1.5 spaces in the Union Street Corridor Subdistrict;
two spaces per unit per dwelling unit in all other Subdistricts.
[2]
Personal service, professional office, and retail
uses (small-scale grocer, arts and crafts studio and workshops): one
space for each 300 square feet plus one space for every two employees.
[3]
Restaurant uses: one space for every two seats
and one space for every two employees.
[4]
Professional office, medical and dental office
and community facility uses: one space for every 100 square feet of
occupied floor area and one space for every two employees.
[5]
Bank: three spaces per 1,000 square feet.
(b)
The PAA may require additional visitor parking spaces if deemed
appropriate given the design, layout and density of the proposed residential
or other development.
(3)
Shared Parking. At the discretion of the PAA, shared use may
be made of required parking spaces by intermittent use establishments
such as churches, assembly halls, or theaters whose peak parking demand
is only at night or on Sundays and by other uses whose peak demand
is only during the day. Required spaces shall be within 400 feet in
actual travel distance of the main entrance to the principal buildings
served by the shared parking. In order for such shared parking to
be eligible to satisfy required off-street parking standards in whole
or in part, a written agreement acceptable to the PAA defining the
joint use of the common parking facility shall be executed by all
parties concerned and approved by the PAA. Such agreement shall specify
the location of all spaces to be jointly used, the number of such
spaces, the hours during the day that such parking shall be available,
and the duration or limit, if any on such parking. Such agreement
shall be recorded at the Plymouth County Registry of Deeds. The PAA
may prescribe safeguards and conditions as it shall warrant appropriate.
(4)
Off-site parking. An applicant may use off-site parking to satisfy
its parking requirements, where alternative parking is within 400
feet of the subject property. Off-site parking may be provided in
public lots located within 400 feet of the building. Applicant shall
document efforts to promote use of off-site parking by customers,
residents or employees. In the event that the off-site parking is
no longer available, the applicant shall present a new parking plan
to the PAA for approval.
(5)
Reduction in parking requirements. Notwithstanding anything
to the contrary herein, any minimum required amount of parking may
be waived if it is impractical for the applicant to meet the parking
standards and that such waivers are appropriate by reason of the proposed
use and will not result in or worsen parking or traffic problems in
or in proximity to the Project, and upon demonstration to the reasonable
satisfaction of the PAA that a lesser amount of parking will not cause
excessive congestion, endanger public safety, or that lesser amount
of parking will provide positive environmental or other benefits,
taking into consideration:
(a)
The availability of surplus off-street parking in the vicinity
of the use being served;
(b)
The availability of public or commercial parking facilities in the vicinity of the use being served in accordance with Subsection H(4);
(c)
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
(d)
Evidence that a proposed use will result in less parking demand
than the required minimum parking standards;
(e)
Evidence that the number of cars per household within the DRROD
can be supported by a reduced number of parking spaces;
(f)
Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots including reduction in green
space, destruction of significant existing trees and other vegetation,
destruction of existing dwelling units, or loss of pedestrian amenities
along public ways; and
(g)
Such other factors as may be considered by the PAA.
(6)
Waivers cannot be granted using criteria 2 and 3 above in combination.
(7)
In mixed-use developments, applicants may request a waiver of the parking requirements based on an analysis of peak demand for noncompeting uses. In such cases the parking requirement for the largest of the uses (in terms of parking spaces required) shall be sufficient. This section does not apply to requests for shared parking pursuant to Subsection H(3) above.
I.
Plan approval of projects: general provisions.
(1)
Plan Approval. An Application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Subsections I through M. Such Plan Approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws. The following categories of Projects shall be subject to the Plan Approval process:
(2)
Plan Approval Authority (PAA). The Rockland Planning Board,
consistent with MGL c. 40R and 760 CMR 59.00, shall be the Plan Approval
Authority (the "PAA"), and it is authorized to conduct the Plan Approval
process for purposes of reviewing Project applications and issuing
Plan Approval decisions within the DRROD.
(3)
PAA Regulations. The Plan Approval Authority may adopt administrative
rules and regulations relative to Plan Approval. Such rules and regulations
and any amendments thereto must be approved by the Department of Housing
and Community Development and filed with the Town Clerk prior to any
mandatory application of such rules and regulations.
(4)
Project Phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Subsection F(9).
J.
Plan approval procedures.
(1)
Preapplication.
(a)
Prior to the submittal of a Plan Approval submission, a Concept
Plan may be submitted to help guide the development of the definitive
submission for Project buildout and individual elements thereof. Such
Concept Plan should reflect the following:
(b)
The Concept Plan is intended to be used as a tool for both the
applicant and the PAA to ensure that the proposed Project design will
be consistent with the Design Standards and other requirements of
the DRROD.
(2)
Required Submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with application fee(s) which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the Affordability requirements of Subsection F, the application shall be accompanied by all materials required under Subsection F(3). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.
(3)
Filing. An applicant for Plan Approval shall file the required
number of copies of the application form and the other required submittals
as set forth in the PAA Regulations with the Rockland Town Clerk and
a copy of the application including the date of filing certified by
the Rockland Town Clerk shall be filed forthwith with the PAA.
(4)
Circulation to other boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Inspector of Buildings, Highway Superintendent, Water Commission, Sewer Commission, the Monitoring Agent (for any Project subject to the Affordability requirements of Subsection F), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.
(5)
Hearing. The PAA shall hold a public hearing for which notice
has been given as provided in MGL c. 40A, § 11. The decision
of the PAA shall be made, and a written notice of the decision filed
with the Rockland Town Clerk, within 120 days of the receipt of the
application by the Rockland Town Clerk. The required time limits for
such action may be extended by written agreement between the applicant
and the PAA, with a copy of such agreement being filed in the office
of the Rockland Town Clerk. Failure of the PAA to take action within
said 120 days or extended time, if applicable, shall be deemed to
be an approval of the Plan Approval application.
(6)
Peer Review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the Plan Approval application,
pursuant to MGL c. 40R, § 11(a). Such fees shall be held
by the Town of Rockland in a separate account and used only for expenses
associated with the review of the application by outside consultants,
including, but not limited to, attorneys, engineers, urban designers,
housing consultants, planners, and others. Any surplus remaining after
the completion of such review, including any interest accrued, shall
be returned to the applicant forthwith.
K.
Plan approval decisions.
(1)
Plan Approval.
(a)
Plan Approval shall be granted where the PAA finds that:
[1]
The applicant has submitted the required fees and
information as set forth in the PAA Regulations; and
[2]
The Project as described in the application meets
all of the requirements and standards set forth in this section and
the PAA Regulations, or a waiver has been granted therefrom; and
[3]
Any extraordinary adverse potential impacts of
the Project on nearby properties have been adequately mitigated.
(b)
For a Project subject to the Affordability requirements of Subsection F, compliance with condition in Subsection K(1)(a)[2] above shall include written confirmation by the Monitoring Agent that all requirements of that subsection have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this section, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties.
(2)
Plan Disapproval. A Plan Approval application may be disapproved
only where the PAA finds that:
(a)
The applicant has not submitted the required fees and information
as set forth in the Regulations; or
(b)
The Project as described in the application does not meet all
of the requirements and standards set forth in this section and the
PAA Regulations, or that a requested waiver therefrom has not been
granted; or
(c)
It is not possible to adequately mitigate significant adverse
project impacts on nearby properties by means of suitable conditions.
(3)
Waivers. Upon the request of the Applicant and subject to compliance with MGL c. 40R and 760 CMR 59.00, the Plan Approval Authority may waive dimensional and other requirements of Subsection G, H or M, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the DRROD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.
(4)
Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific Project, the proportion of Affordable units shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1).
(5)
Form of Decision. The PAA shall issue to the applicant a copy
of its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
Rockland Town Clerk and that all plans referred to in the decision
are on file with the PAA. If 20 days have elapsed after the decision
has been filed in the office of the Rockland Town Clerk without an
appeal having been filed or if such appeal, having been filed, is
dismissed or denied, the Rockland Town Clerk shall so certify on a
copy of the decision. If a plan is approved by reason of the failure
of the PAA to timely act, the Rockland Town Clerk shall make such
certification on a copy of the application. A copy of the decision
or application bearing such certification shall be recorded in the
Registry of Deeds for Plymouth County and district in which the land
is located and indexed in the grantor index under the name of the
owner of record or recorded and noted on the owner's certificate of
title. The fee for recording or registering shall be paid by the applicant.
(6)
Validity of Decision. A Plan Approval shall remain valid and
shall run with the land indefinitely, provided that construction has
commenced within two years after the decision is issued, which time
shall be extended by the time required to adjudicate any appeal from
such approval and which time shall also be extended if the Project
proponent is actively pursuing other required permits for the Project
or there is other good cause for the failure to commence construction,
or as may be provided in a Plan Approval for a multiphase Project.
L.
Change in plans after approval by PAA.
(1)
Minor Change. After Plan Approval, an applicant may apply to
make minor changes in a Project involving minor utility or building
orientation adjustments, or minor adjustments to parking or other
site details that do not affect the overall buildout or building envelope
of the site, or provision of open space, number of housing units,
or housing need or affordability features. Such minor changes must
be submitted to the PAA on redlined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the PAA.
The PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
Rockland Town Clerk.
(2)
Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Subsections I through M.
M.
Design standards.
(1)
Adoption of Design Standards. Any Project undergoing the Plan
Approval process shall be subject to design standards as set forth
herein.
(2)
Purpose. The Design Standards are adopted to ensure that the
physical character of Projects within the DRROD:
(3)
Design Standards. The PAA may adopt, by simple majority vote,
Design Standards which shall be applicable to Development Projects
subject to Plan Approval by the PAA. Such Design Standards must be
objective and not subjective and may only address the scale and proportions
of buildings, the alignment, width, and grade of streets and sidewalks,
the type and location of infrastructure, the location of building
and garage entrances, off-street parking, the protection of significant
natural site features, the location and design of on-site open spaces,
exterior signs, and buffering in relation to adjacent properties.
DHCD may, at its discretion, require Design Standards to contain graphics
illustrating a particular standard or definition in order to make
such standard or definition clear and understandable.
(4)
DHCD Approval. After adopting Design Standards, the PAA shall
submit Design Standards to DHCD for approval. Design Standards shall
not take effect until approved by DHCD and filed with the Town Clerk.
In submitting proposed Design Standard for DHCD approval, the PAA
shall also submit sufficient documentation clearly showing that the
proposed Design Standards will not add unreasonable costs to Development
Projects or unreasonably impair the economic feasibility of a Development
Project. A letter from a developer, property owner or other interested
party indicating that the Design Standards will not add unreasonable
costs or unreasonably impair the economic feasibility of a Development
Project shall not constitute sufficient documentation. At its discretion,
DHCD may disapprove Design Standards if it finds that the PAA has
not adopted objective Design Standards or has not submitted such documentation.
(5)
Plan Approval. An application for Plan Approval that has been
submitted to the Town Clerk pursuant to this section shall not be
subject to Design Standards that have not been approved by DHCD and
filed with the Town Clerk.
(6)
Design Standards.
(a)
Sites and Blocks; Building Placement. Buildings shall be placed
on the site to define the edges of streets and public spaces with
primary facades oriented to the street or public space, minimally
setback and occupying a majority of the lot frontage. Building placement
shall respect existing patterns of building placement for the street
on which they are located by matching the pattern of facade orientation,
setback and lot frontage with minimal variation. Buildings shall be
placed to conceal parking at the interior or rear of building lots.
 Figure. Building Placement
|
[1]
Building Setbacks. Building setbacks shall be in
accordance with the DRROD Dimensional Regulations and context sensitive.
The building setback from the front lot line must be consistent with
the surrounding context of the lot. A building must be setback not
more than five feet further from the street as measured against the
existing abutting building that is closest to the street. For example,
if a site has an existing building neighbor with a zero-foot setback,
a proposed building could be setback up to five feet from the front
lot line, but under no circumstance could be setback greater than
the maximum established by the DRROD Dimensional Regulations. The
building setback from the front lot line shall be minimized to strengthen
continuity of the street form.
 Figure. Building Setbacks
|
[2]
Building Orientation. Buildings shall be oriented
with the primary building facade(s) facing the primary street frontage(s)
of the site. Buildings must be oriented parallel to the front lot
line to preserve a consistent facade line with the street. Primary
building entrances shall be easily identified and be oriented to the
street. The primary entry shall be clearly visible from the public
street which provides the building's main orientation. In order to
strengthen and define street form, corner buildings shall align to
both street frontages.
 |
[3]
Street Corners. Corner sites within the DRROD are
of particular importance with the ability to define two street edges
and an intersection. Projects located at a corner site shall be oriented
and configured to define both street edges and the corner of the site.
The corner may be defined positively by placing the building with
built edges to the corner or defined negatively by framing an open
space at the corner with built edges setback from the corner around
a landscape plaza or open space.
 Figure. Street Corner - Acknowledge corner sites
and multiple frontages
|
[4]
Design Treatment of Edges. Buildings that are not
physically adjoined to abutters shall treat side yards and the spaces
between buildings in a manner consistent with existing patterns of
use, in terms of setbacks and use. Landscaping shall be used to define
street edges and to buffer and screen edges that may have a negative
visual impact, such as parking or loading areas. Access driveways
and curb cuts using side yards may be combined between adjoining properties
to access parking for multiple buildings at the interior of the block.
 Figure. Design Treatment of Edges - Reinforce positive
views and screen negative views
|
[5]
Building placement, design, massing and form shall
ensure the preservation and enhancement of historic and architectural
assets through context-sensitive design and contribute to human-scaled
streets and public spaces by articulating ground floor levels with
architectural components that relate to the scale of a human. No Design
Standard shall be interpreted in a manner that would adversely impact
the historic character, historic design integrity or historic quality
of existing buildings.
(b)
Building Massing and Form.
[1]
Relationship to Existing Context. Building massing,
form and scale shall be complementary to and respectful of the patterns
of existing buildings in the immediate vicinity.
[2]
Building Form. The shape and massing of the building
shall complement the abutting structures and define the edges of streets
and open spaces. The building form and massing shall use the techniques
described herein to reduce the impact of large uninterrupted building
masses and facades and to create building forms that are human-scaled.
[3]
Scale. The scale of proposed revitalizations shall
be compatible with the surrounding architecture and landscape context.
The configuration of architectural components shall be composed to
reduce the overall scale of buildings to relate to a human-scale.
Elements that may help to relate building massing proportionally to
the size of the human body shall include: articulated building bases
through a change in material or color; placement of windows in a regular
pattern; use of materials that are made of smaller human-scaled modules;
and articulation of building entries with canopies, porches or awnings,
facade and roof projections (such as cornices, defined bays).
[4]
Proportion. The proportion of buildings should
be related to the scale and importance of the streets on which they
are located. The proportions of building elements shall be generally
compatible with existing structures and the features and components
of the facade.
[5]
Modulation of Building Mass, Scale and Bulk. By
creating variations in roof form, cornice and roofline, treatment
of corners and interruption of facade lengths, building masses can
be reduced to be more compatible with the context of the district.
Blank walls adjacent to streets, alleys or open spaces are not permitted.
The ground floors of all buildings must be designed to encourage and
complement pedestrian-scale activity by the use of windows and doors
visible and accessible to the street. Building design elements, details
and massing shall create a well-proportioned and unified building
form and exhibit an overall architectural concept. Buildings shall
exhibit form and features that reflect the functions within the building.
Building facade elements shall be articulated to provide visual interest
by incorporating architectural features such as belt courses or horizontal
bands to distinguish individual floors; change in materials and color
and/or texture that enhances specific form elements or vertical elements
of the building; a pattern of windows; and/or bay windows to give
scale to the structure. Spacing and width of bays shall provide intervals
that create scale elements similar to surrounding buildings. The top
of such buildings shall display a distinct profile or outline incorporating
such elements as a projecting parapet, cornice, upper level setback
or pitched roofline.
[6]
Building Roofs. Building roofs that are visible
from the street shall be composed of materials compatible with the
Project Area (for example slate or composite shingle roofing materials).
Roofing materials shall not call undue attention to the roof itself
with bright or contrasting colors, unless historically documented.
Large, unbroken expanses of roof shall be articulated at least every
100 feet, or at a shorter length compatible with adjacent or facing
buildings, by interrupting the cornice or roofline, providing variation
in roof form, or architectural components (for example a series of
dormers or skylights). Building mechanical equipment located on building
roofs, sites, or other locations shall be screened from view from
the street.
[7]
Building Height Step backs. For buildings that
include a fourth story, a building step back of at least five feet
shall be incorporated to reduce the shadowing effect on public streets
and surrounding buildings and prevent a "canyon" effect when taller
buildings are located directly across the street from, or adjacent
to, one another.
 Figure. Stepback
|
(c)
Building Facades.
[1]
Facade Design and Relationship to Existing Context.
The facade, or primary building elevation, shall be compatible with
the facade design of neighboring buildings so as to create continuity
across buildings and the street edge. Primary building facades with
frontage along the street shall be sensitive to the existing context
of building facades along that street. Building facades facing the
street shall have at least 25% of the overall facade in transparent
windows and at least 40% of the ground floor facade in transparent
windows.
[2]
Architectural Treatments. Architectural details
include, but are not limited to, items such as the trim around entrances,
corners, eaves, doors and windows; exterior cladding materials; and
roof type. These components shall be coordinated to be compatible
with the character of the existing buildings in the immediate vicinity
of the Project Area and to reinforce the human-scaled aspects of the
building design.
[3]
Proportion and Pattern of Windows. Window patterns
and openings shall acknowledge and respond to existing adjacent window
patterns in proportion, scale, rhythm and number of openings.
[4]
Placement and Treatment of Entries. Entrances shall
be oriented to the primary street frontage. Building entries shall
be used to introduce human-scaled components to the building facade
such as storefronts, canopies, porches and stoops and provide a high
level of visibility and transparency into ground floor uses to activate
and add interest to the adjacent street.
[5]
Ground Level Articulation. The building facade
shall clearly define commercial ground floor space and differentiate
the articulation of the ground floor from the residential or mixed-use
space on the building stories above. Ground level facades in noncommercial
buildings shall be articulated in such a way that they are visually
compatible with adjacent commercial storefronts and maintain an active
and inviting street level facade.
 Figure. Ground Level Articulation
|
[6]
Roof Parapet and Cornice Lines. Building cornice
lines shall be used to define building facades and create facade components
consistent with historic parapet or cornice lines as originally designed
and built in the district.
 Figure. Roof Parapet and Cornice Lines
|
[7]
Building Materials. Building materials shall be
selected to be compatible with or complementary to the surrounding
context. Materials on the facade that are subject to deterioration
(plywood or plastic) shall be avoided. New buildings shall use materials
such as brick, cast stone, architectural stone, terra cotta, concrete,
wood or shingle siding that incorporate varied texture and color.
[8]
Signage. Sign type, location and installation shall
be consistent with other uses adjacent to and along the same street
or within a consistent district. Freestanding signs, permanently affixed
signs independent of a building or structure are prohibited.
 Figure. Signage
|
[9]
Multitenant Signage. Signs for buildings with multiple
tenants shall be coordinated upon a building facade to offer clear,
orderly and legible information about the building, address, and tenants.
A consistent height and line for a sign band in multiple tenant buildings
shall be created in conjunction with the ground floor storefront and
articulation; signage shall not be placed on the upper facade of multistory
buildings.
 Figure. Multitenant Signage
|
[10]
Awnings. Awnings may be used to provide a human-scaled
element to the ground floor of building facades and protect building
entries. Awnings shall not be placed on a building such that they
would obscure important architectural details by crossing over pilasters
or covering windows. Multiple awnings on a single building shall be
consistent in size, profile, location, material, color and design.
On multitenant buildings the awnings shall be allowed to vary in color
and details, but shall be located at the same height on the building
facade.
 Figure. Awnings
|
(d)
Public and Private Open Spaces.
[1]
Private Use of Public Spaces. Generally, public
spaces shall be reserved for public uses. Sidewalk use for temporary
displays, kiosks, etc., shall be coordinated with and approved with
the project. Clearance and access required for public circulation
shall be maintained at all times.
[2]
Private Site Details. Public and private open spaces
shall be designed, landscaped, and furnished to be compatible with
or complementary to the character of the district in which they are
located. Public art shall be used to define and punctuate public spaces.
All art installations shall maintain clearances in public spaces,
and be constructed of materials that are durable, easily maintained
and that do not present safety hazards.
(e)
Landscape.
[1]
Landscape Use and Orientation. Site, block and
building orientation and configuration shall use landscape features
to shield negative views, define edges and frame streets and public
spaces. No plantings shall obscure site entrances and exit drives,
accessways, or road intersections or impair visibility of commercial
storefronts. Landscaping shall be used to reinforce human-scaled elements
of the building and site and to create outdoor spaces that are scaled
comfortably for people.
[2]
Site and Street Edges. Landscape strips with street
trees, street trees in sidewalk tree wells or landscaped medians shall
be used as is consistent with the existing landscape patterns of the
location of proposed improvements. Landscaping shall be used to define
the street edge if the existing pattern of building placement includes
a front setback.
 Figure. Landscape Site and Street Edges
|
[3]
Buffers and Screens. Landscape buffers shall be
used to screen parking, loading and service areas that may be visible
from public streets or open spaces. All views that could be associated
with a negative impact should be screened with strategically selected
and located landscape features. Screening may include architectural
walls, fences or other visual barriers.
 Figure. Landscape Buffers and Screens
|
(f)
Parking.
[1]
Parking Placement. Parking shall be located at
the interior of blocks, behind buildings or at the rear of sites,
away from prominent site edges, public spaces and streets.
 Figure. Placement of Parking
|
[2]
Parking Orientation. Parking lots shall be designed
to recede in the visual environment by creating separations between
parking areas and the edges of streets and sidewalks, buffering parking
areas with landscaping, and screening parking areas behind buildings
or other site components (fences, gates, walls or hedges).
[3]
Parking Landscape. Generous landscape areas shall
be designed to ensure plant health, including adequate area for snow
removal, and shall create planting strips of not less than 10 feet
wide for trees. No landscape island shall be less than six feet wide.
Landscape areas shall be placed at all exterior edges of the parking
area that abut adjacent properties, streets or public spaces. Additional
landscape medians shall be provided between parking spaces to break
up the impervious surfaces and mitigate the visual impact of parking.
[4]
Landscape of Preexisting Parking Lots. Upon the
expansion of an existing parking lot containing 20 or more parking
spaces and/or an alteration of a structure or change in uses that
increases the parking requirements by five or more spaces, the entire
existing parking lot shall be brought into compliance with these standards
to the degree feasible.
 Figure. Parking Landscape
|
[5]
Curb Cuts. Every curb cut shall provide a continuous
and uninterrupted pedestrian walkway. All curb cuts shall be designed
so that driveways slope up from the street to the level of the sidewalk.
Curb cuts shall not be designed so that the drive is set at the street
elevation.
 |
[6]
Parking Details. Granite curbs shall be used to
protect planting areas, define sidewalks, walkways and parking area
edges.
[7]
Parking areas. Where possible, parking areas must
be interconnected in a manner that allows the unobstructed flow of
pedestrians between uses and parking areas. Adjacent parking areas
on abutting properties shall be connected for improved circulation
where possible.
(g)
Streetscape and Sidewalks.
[1]
Sidewalk Configuration. Adjacent Sidewalks shall
be widened to accommodate street trees, landscaping and outdoor furnishing
and amenities. Sidewalks shall be continuous and uninterrupted at
driveways and curb cuts to reinforce priority for pedestrians.
[2]
Pedestrian Use. Where in reasonable proportion
to a Project's transportation impact, Corner and curb radii associated
with a Project's vehicle egresses and immediately adjacent intersections
shall be reduced to decrease pedestrian crossing distances and to
slow traffic speeds at downtown intersections, including such techniques
as curb extensions and neck downs to increase safety for pedestrians.
Pedestrian crosswalks with accessible curb ramps shall be provided
at every such intersection.
[3]
Bicycle Use. Bicycle travel lanes, road markings,
signage and sidewalk amenities shall be provided in reasonable proportion
to the transportation impact of the Project and in coordination with
roadway improvements. Bicycle lanes shall be a minimum of four feet
wide when not adjacent to parking and a minimum of five feet wide
when adjacent to parking.
[4]
Landscape. Rows of street trees shall be provided
along the development frontage. To allow healthy tree growth, structural
soil shall be used under adjacent sidewalks or paving when street
trees are planted in tree wells or planting strips narrower than 10
feet. Street trees at sidewalks and parking shall be used to define
the street and site edges. Street tree species selection shall be
compatible with or complementary to adjacent street trees so as to
ensure continuity of the street edge and public realm identity.
[5]
Street Furniture. All street furniture shall be
integrated with street and sidewalk circulation to ensure adequate
clearances, access and convenience of the location of these amenities.
Street furniture shall be clustered at convenient locations that are
plainly visible and accessible.
[6]
The placement of street furniture or outdoor dining
tables should be encouraged whenever possible to enliven the streetscape.
However, the placement of such on public property shall be subject
to license review and approval by the Board of Selectmen.
(h)
Lighting.
[1]
Light Placement. Placement of lighting fixtures
shall be designed to provide adequate ambient light levels for safety
and usefulness and shall be configured to highlight pedestrian paths
and building entrances.
[2]
Site Lighting. Site lighting shall use shielded
and full cut-off fixtures that avoid spilling light onto neighboring
streets, properties, structures and above into the night sky. Site
lighting shall use low height fixtures, between 14 and 17 feet, which
shall reinforce the human scale.
[3]
Building Lighting. Building lighting shall use
shielded fixtures that avoid spilling light onto neighboring streets,
properties, structures and above into the night sky. Building lighting
shall focus on illuminating building entries, display windows and
building signs. Uncoordinated architectural lighting of facades, building
accents, awnings or other features shall be avoided to avoid contributing
to a disrupted or disjointed lighting effect in the DRROD.
[4]
Signage Lighting. Building signage may be lit by
a fixture(s) that shall light the sign and shield other views from
glare. Light fixtures shall be consistent with the character of the
building or shall be hidden from view.
N.
Severability. If any provision of this section is found to be invalid
by a court of competent jurisdiction, the remainder of the section
shall not be affected but shall remain in full force. The invalidity
of any provision of this section shall not affect the validity of
the remainder of the Town of Rockland's Zoning Bylaws.
[Added 5-6-2019 ATM by
Art. 27]
A.
Purpose. The Route 3 Corridor Sign Overlay District is established
to create an overlay district that provides for the development and
construction of electronic billboards in a planned manner by allowing
for the construction of electronic billboards within the overlay district
to provide visibility and benefit the viability of new and existing
businesses subject to reasonable controls that govern the placement,
design, construction, operation, monitoring, modification and removal
of such signs and minimize impacts on public safety, scenic, natural
and historic resources.
B.
Description. Description of area included in the Route 3 Corridor
Sign Overlay District is shown on the Official Zoning District Map,
as amended. Route 3 Corridor Sign Overlay District shall be construed
as an overlay district with regard to said locations. All requirements
of the underlying zoning district shall remain in full force and effect,
except as may be specifically superseded herein.
C.
BILLBOARD
Definitions. For purposes of this section, the following definitions
shall apply:
An advertising sign or other commercial sign which directs
attention to a business, commodity, service or attraction sold, offered
or existing elsewhere than upon the same lot where such sign is displayed.
D.
Route 3 Corridor Sign Overlay District.
(1)
Special permit uses. Off-premises billboard signs, non-accessory
commercial signs, and on-premises billboard signs (hereinafter also
referred to as "billboards" in this section) shall be permitted in
the Route 3 Corridor Overlay Districts only by grant of a special
permit issued by the Zoning Board of Appeals. Special permits may
be limited to a term of years specified by the Zoning Board of Appeals.
Any person desiring a special permit under this section shall submit
a special permit application to the Zoning Board of Appeals together
with a filing fee of $1,000 and 13 copies of the application materials
as outlined below:
(a)
Site plan and area maps identifying the following features:
(i) location of any existing buildings, parking spaces and traffic
circulation pattern on the subject parcel; (ii) proximity of nearest
residentially used and residentially zoned property utilizing current
area photographs and Rockland Assessors Maps; (iii) specific location
of proposed billboard; (iv) details of proposed buffer/landscaping
area around billboards including species and caliper of trees and/or
shrubbery; (v) location of an existing billboard(s) on the parcel,
including any billboards on a building; and (vi) photographs or architectural
depiction of proposed billboard.
(b)
Billboard details shall include the following information: (i)
detailed dimensions and area of any proposed single or multi-faced
billboard; (ii) detail sheet of any proposed support structure specifying
dimensions and construction type. Upon request by the Zoning Board
of Appeals or the Building Commissioner, the applicant shall provide
a structural analysis of the support structure stamped by a licensed
structural engineer; and (iii) lighting proposal, including cut sheets
of all proposed lighting fixtures to be either attached to the billboard,
structure or affixed to the ground.
(c)
Additional requirements: (i) authorization from the property
owner (i.e., lease, etc.) granting permission to install the proposed
billboard and (ii) any additional information as may be required by
the Zoning Board of Appeals to assist the Board in determining whether
the application complies with the intent and requirements of this
section.
E.
Restrictions and design guidelines: In order to be eligible for a
special permit, any billboard shall be in compliance with the following
requirements:
(1)
Billboards shall be permitted in the Route 3 Corridor Sign Overlay
District, provided, however, that no billboards shall be located further
than 100 feet from any state highway layout;
(2)
Billboards shall not create a material visual impact to any
abutting or adjacent residentially zoned and used property in the
Town of Rockland;
(3)
All billboards must be permanently affixed to a main support
structure. No portable billboards shall be permitted.
(4)
Billboards shall not have excessive lighting. Electronic billboards
shall use automatic level controls to reduce light levels at night
and under cloudy or other darkened conditions.
(5)
Exposed back of billboards, poles and other support structures
must be painted in a color and finished so as to present an attractive
and finished appearance which will blend with the natural surroundings.
(6)
The following types of billboards are prohibited:
(a)
Animated, projected, moving or giving the illusion of movement
(including any moving parts), scrolling, flashing, revolving, and
blinking, and intermittently illuminated billboards, beacons (or any
light directed at any location other than the billboard itself), searchlights,
pennants, and inflatable billboards, including balloons;
(b)
Billboards with physical movements of any kind;
(c)
Changeable copy or message billboards that change at intervals
of more than once every eight seconds. Changes of image shall be instantaneous
as seen to the human eye and shall not use fading, rolling, window
shading, dissolving or similar effects;
(d)
Tri-vision billboards;
(e)
Video billboards or billboards that otherwise give the illusion
of video or moving images;
(f)
Billboards with sound;
(g)
Billboards with pyrotechnics;
(h)
Billboards which by reason of position, wording, illustration,
size, shape or color obstruct, impair, obscure, interfere with the
view of, or may be confused with any traffic control signal or device
or which may otherwise obstruct or interfere with traffic.
(7)
Limitations on number of billboards. There shall be no more
than one billboard, double-sided, in the Route 3 Corridor Sign Overlay
District.
(8)
A billboard may be double-sided. An individual billboard or
billboard face shall not exceed 672 square feet in total area on each
side and shall not exceed 14 feet in height by 48 feet in width, as
calculated pursuant to these Zoning Bylaws;
(9)
A billboard shall be mounted on a pedestal or other support
structure. The top of the billboard shall not exceed 50 feet in height
from the elevation of the State Highway, Route 3 immediately adjacent
thereto. The bottom of the billboard shall not exceed 70 feet in height
from the normal grade as calculated pursuant to these Zoning Bylaws;
(10)
There shall be no billboard, including a roof billboard, on
any building, whether erected or otherwise placed or painted on the
building;
(11)
No billboard shall be on or otherwise attached to a tree, utility
pole, fence or rock;
(12)
Lighting or other illumination related to the proposed billboard
shall not project, glare or negatively impact abutting properties
and shall not shine onto abutting roadways;
(13)
The Applicant shall provide a ten-foot wide landscaped buffer
around the base of the support structure to minimize its visual impact.
F.
Criteria for approval: The Zoning Board of Appeals shall not approve
any applications for a special permit under this section unless it
finds that all of the following conditions are met and/or are incorporated
into any special permit decision:
(1)
The specific site is an appropriate location for the proposed
billboard and the design and layout complies with the standards and
requirements set forth in this bylaw;
(2)
The proposed billboard will not adversely affect the abutting
neighborhood or have the effect of causing a hazard to motorists;
(3)
Any special permit decision shall require compliance with requirements
relating to the provision and maintenance of insurance;
(4)
Any special permit decision shall require billboards to have
their permit numbers on them;
(5)
Any special permit decision shall require compliance with maintenance
and inspection requirements;
(6)
All permits are subject to any necessary approvals, restrictions
and conditions required and/or issued by the Commonwealth of Massachusetts
and/or the federal Government;
(7)
The Zoning Board, in granting the special permit, shall attach
such additional conditions and safeguards as it deems necessary; and
(8)
There shall be in place a valid Host Community Agreement entered
into by and between the Board of Selectmen governing the operation
of the sign and/or to mitigate the impacts of the proposed billboard.
G.
Sign maintenance/removal:
(1)
All billboards and supporting structures shall be kept in good
repair and free from tear, rust, and other indices of deterioration.
(2)
If a billboard permitted under this section is abandoned, discontinued,
blank, or is in disrepair for a period of 90 days, it shall be cause
for its removal. (For purposes of this section, a billboard is "blank"
if: (i) there is no advertising copy paid for by a person other than
the billboard owner or advertising an interest other than the rental
of the for said ninety-day period; (ii) it advertises a business or
service, enterprise or activity that is no longer operating or being
offered or conducted; or (iii) the advertising message it displays
becomes illegible in whole or substantial part.) The Building Commissioner
shall notify the owner and/or manager of the billboard and property
owner in writing, specifying a forty-five-day period to remove or
repair. If the billboard has not been removed or repaired within the
time period to the satisfaction of the Building Commissioner, the
Building Commissioner may revoke the billboard permit and cause the
billboard to be removed forthwith. All expenses for the removal shall
be borne by the billboard owner and/or property owner as determined
by the Building Commissioner.
(3)
If the Building Commissioner determines that a billboard is
an immediate threat to public safety irrespective of any stays granted
to the billboard and/or property owner, the Building Commissioner
may cause any billboard, abandoned or not, and any portion of its
support structure if deemed part of the public threat, to be immediately
removed, and/or the threatened public area cordoned off. All expenses
for protecting the public, including the removal of said billboard
or stabilization of the public safety threat, shall be borne by the
billboard owner and/or property owner as determined by the Building
Commissioner. A billboard which is not abandoned may be returned to
its original position, but only after repairs have been made and the
public safety threat abated, to the satisfaction of the Building Commissioner.
H.
Surety: The applicant shall provide a financial surety to the Town
which will cover the full cost of the removal of any billboard which
is found to be abandoned, discontinued, blank or is in disrepair.
The Applicant shall deposit with the Town Accountant a surety in an
amount which shall be determined by the Zoning Board of Appeals. Upon
removal of the billboard, any remaining funds shall be returned to
the applicant without interest.
I.
Nothing in this section shall be applicable to on-premises signs,
also known as accessory signs.
[Added 5-6-2019 ATM by
Art. 64]
A.
Purpose. The purpose of this section is:
B.
Overlay District. The WSPOD is an overlay district superimposed on
all underlying zoning districts. The Zoning Bylaw governing the underlying
zoning district(s) shall remain in full force and effect except as
provided herein. The WSPOD shall lie within the R-4 zoning district
and include only Webster Street between Union Street and Liberty Square,
as indicated in the plan annexed as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
C.
WEBSTER STREET PARKING (WSP)
Definitions.
Shall be parking which supports businesses within the WSPOD
with the intention of removing parked vehicles from the WSPOD and
to make it safer for members of the public to use the public way within
the WSPOD.
D.
Special permit. The Planning Board ("Board") shall be the special
permit granting authority for within the WSPOD.
E.
General design guidelines. To be eligible for a special permit, the
applicant shall meet all of the following design guidelines and standards.
(1)
Proximity to business area. A WSP shall be located in and support of the uses set out in § 415-11 within the WSPOD.
(2)
Setbacks. All WSP in WSPOD shall be set back a minimum of 20
feet from perimeter property lines.
(3)
Buffer plantings. The Board shall require landscaping in the
required setback to ensure that the WSPOD is properly screened from
commercial and residential district.
F.
Application process. The special permit application shall contain a plan consistent with the requirements of § 415-89.
G.
Decision. In addition to the criteria set forth in § 415-89 of this Bylaw, the Board shall consider whether the proposed WSPOD promotes public safety and safe travel within the WSPOD.
H.
Change of plans after granting of special permit. Minor changes may
be made to the approved plans with the consent of the Board, without
requiring a public hearing. Major modifications or substantial changes
shall require a new or amended special permit.
[Added 9-13-2021 STM by Art. 3]
A.
Purpose. The purposes of this bylaw are to:
(1)
Ensure public safety through reducing the threats to life and
personal injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from
water quality, contamination, and pollution due to flooding;
(4)
Avoid the loss of utility services which if damaged by flooding
would disrupt or shut down the utility network and impact regions
of the community beyond the site of flooding;
(5)
Eliminate costs associated with the response and cleanup of
flooding conditions;
(6)
Reduce damage to public and private property resulting from
flooding waters; and
(7)
Ensure that the Town of Rockland qualifies for participation
in the National Flood Insurance Program.
B.
Applicability. The Floodplain Overlay District is herein established
as an overlay district. The District includes all special flood hazard
areas within the Town of Rockland designated as Zone A, AE, AH, AO,
A99, V, or VE on the Plymouth County Flood Insurance Rate Map (FIRM)
dated July 6, 2021, issued by the Federal Emergency Management Agency
(FEMA) for the administration of the National Flood Insurance Program.
The exact boundaries of the District shall be defined by the one-percent-chance
base flood elevations shown on the FIRM and further defined by the
Plymouth County Flood Insurance Study (FIS) report dated July 6, 2021.
The FIRM and FIS report are incorporated herein by reference and are
on file with the Town Clerk, Planning Board, Building Department,
Conservation Commission and Board of Selectmen. In the event any provisions
of this bylaw are in conflict with requirements for any other districts,
the more restrictive regulation shall take precedence.
C.
Abrogation and conflicting bylaws. The floodplain management regulations
found in this Floodplain Overlay District section shall take precedence
over any less restrictive conflicting local laws, ordinances or codes.
D.
Disclaimer of liability. The degree of flood protection required
by this Floodplain Overlay District bylaw is considered reasonable
but does not imply total flood protection.
E.
Severability. If any section, provision or portion of this Floodplain
Overlay District bylaw is deemed to be unconstitutional or invalid
by a court, the remainder of the bylaw shall be effective.
F.
DEVELOPMENT
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONES, FLOOD
Definitions. The following definitions shall apply in the Floodplain
Overlay District:
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials (US Code of Federal Regulations,
Title 44, Part 59).
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E (US
Code of Federal Regulations, Title 44, Part 59).
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height (Base Code, Chapter 2, Section 202).
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities (US Code of Federal Regulations,
Title 44, Part 59; also Referenced Standard ASCE 24-14).
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure (US Code
of Federal Regulations, Title 44, Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement (Referenced Standard ASCE 24-14).
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use (US Code of Federal Regulations, Title 44, Part 59).
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section
202).
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual "start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building (Base Code, Chapter 2, Section 202).
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home (US Code of Federal Regulations, Title
44, Part 59).
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR (as amended by MA in 9th Edition
BC).
A grant of relief by a community from the terms of a floodplain
management regulation (US Code of Federal Regulations, Title 44, Part
59).
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided (US Code of Federal Regulations, Title 44, Part 59).
The community shall use the pertinent definitions for flood
zones delineated within the community. All of these terms are defined
in the US Code of Federal Regulations, Title 44, Part 64.3.
G.
Designation of community floodplain administrator. The Town of Rockland
hereby designates the Building Commissioner/Zoning Enforcement Officer,
or such other official as the Board of Selectmen shall appoint by
written appointment filed with the Town Clerk, to be the official
floodplain administrator for the Town of Rockland.
H.
Requirement to submit new technical data. If the Town of Rockland
acquires data that changes the base flood elevation in the FEMA mapped
special flood hazard areas, the Town of Rockland will, within six
months, notify FEMA of these changes by submitting the technical or
scientific data that supports the changes. Notification shall be submitted
to:
|
FEMA Region I Risk Analysis Branch Chief
99 High Street, 6th Floor
Boston, MA 02110
|
|
And copy of notification to:
|
|
Massachusetts NFIP State Coordinator
MA Department of Conservation and Recreation
251 Causeway Street
Boston, MA 02114
|
I.
Variances to building code floodplain standards. The Town of Rockland
will request from the State Building Code Appeals Board a written
and/or audible copy of the portion of the hearing related to the variance,
and will maintain this record in the community's files. The Town of
Rockland shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and ii) such construction below the base flood level increases
risks to life and property. Such notification shall be maintained
with the record of all variance actions for the referenced development
in the Floodplain Overlay District.
J.
Variances to local zoning bylaws [related to community compliance with the National Flood Insurance Program (NFIP)]. The Zoning Board of Appeals may grant a variance modifying the performance standards in § 415-21.5K where the proposed use or structure meets the requirements set out by state law, and where the Zoning Board of Appeals finds that there is: 1) good and sufficient cause and exceptional nonfinancial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
K.
Permits are required for all proposed development in the Floodplain
Overlay District.
(1)
The Town of Rockland requires a permit for all proposed construction
or other development in the Floodplain Overlay District, including
new construction or changes to existing buildings, placement of manufactured
homes, placement of agricultural facilities, fences, sheds, storage
facilities or drilling, mining, paving and any other development that
might increase flooding or adversely impact flood risks to other properties.
The Town of Rockland Building Department permit review process includes
the use of a checklist of all local, state and federal permits that
will be necessary in order to carry out the proposed development in
the Floodplain Overlay District. The proponent must acquire all necessary
permits, and must submit the completed checklist demonstrating that
all necessary permits have been acquired.
(2)
Application for floodplain permit. Applications for floodplain
permits shall be made to the Building Commissioner/Zoning Enforcement
Officer except where indicated below. Applications shall contain:
(a)
Elevation in relation to mean sea level of the lowest floor
(including basements or cellars) of all existing and proposed structures.
(b)
Elevation in relation to mean sea level of existing and proposed
floodproofing.
(c)
Signed statement by a registered professional engineer or architect
that the requirements of this bylaw have been met. (Note: The above-referenced
requirements may be met through submission of a FEMA elevation certificate.)
(d)
Plans for any breakaway walls to be used to enclose space below
the base flood elevation (in V Zones).
(e)
Description of topographic alterations, including existing and
proposed grades and a delineation of the special flood hazard area
boundary line.
(f)
Site plan certified by a registered land surveyor showing all
existing and proposed natural and constructed features on the property.
The site plan shall include a notation of the special flood hazard
area designation for all existing and proposed structures.
(g)
Base flood elevation data is required for subdivision proposals
or other developments greater than 50 lots or five acres, whichever
is the lesser, within Zone A, where such data is not provided on the
FIRM.
(3)
Standards for areas of special flood hazard. All permits granted
under this bylaw above shall be subject to the following provisions:
(a)
All development and redevelopment, whether permitted by right
or by special permit, shall be in accordance with the standards of
the Massachusetts State Building Code, the Wetlands Protection Act
(MGL c. 131, § 40) and regulations (310 CMR 10.00, 310 CMR
13.00, and 310 CMR 12.00), septic system regulations (310 CMR 15,
Title 5), and all other applicable federal, state and local requirements.
Any variance from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
(b)
No alteration of topography shall be permitted where it may
result in increased runoff or drainage to the detriment of other property
owners or the Town.
(c)
Certification by a registered professional engineer or architect
for all floodproofing measures shall be required.
(d)
Storage of fuel oil or toxic or hazardous materials below the
base flood elevation shall be floodproofed.
(4)
Within Zones AH and AO, adequate drainage paths must be provided
around structures on slopes to guide floodwaters around and away from
proposed structures.
(5)
Uses that are encouraged. The following uses of low flood damage
potential and causing no obstructions to flood flows are encouraged,
provided they are permitted in the underlying zoning district and
they do not require structures, fill, or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating, play
areas, etc.
(d)
Conservation of water, plants, wildlife.
(e)
Wildlife management areas, foot, bicycle, and/or horse paths.
(f)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
L.
Subdivision proposals. All subdivision proposals and development
proposals in the Floodplain Overlay District shall be reviewed to
assure that:
M.
Base flood elevation data for subdivision proposals. When proposing
subdivisions or other developments greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the design plans.
N.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
O.
Floodway encroachment. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge. In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Town of Rockland's FIRM or Flood Boundary
and Floodway Map, encroachments are prohibited in the regulatory floodway
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
P.
Watercourse alterations or relocations in riverine areas. In a riverine
situation, the Conservation Commission shall notify the following
of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
NFIP State Coordinator.
|
Massachusetts Department of Conservation and Recreation
|
|
251 Causeway Street, 8th Floor
|
|
Boston, MA 02114
|
(3)
NFIP Program Specialist
|
Federal Emergency Management Agency, Region I
|
|
99 High Street, 6th Floor
|
|
Boston, MA 02110
|
Q.
AO and AH Zones drainage requirements. Within Zones AO and AH on
the FIRM, adequate drainage paths must be provided around structures
on slopes to guide floodwaters around and away from proposed structures.
R.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones,
all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
