Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
7.1.1 
Purpose. The purpose of this district is to insure public safety through reducing the threats to life and personal injury; eliminate new hazards to emergency response officials; prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; 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; eliminate costs associated with the response and cleanup of flooding conditions, and reduce damage to public and private property resulting from flooding waters.
7.1.2 
Overlay District. The NFI District shall not supersede other zoning districts but shall be deemed to be superimposed over these other zoning districts.
7.1.3 
Location. The NFI District includes all special flood hazard areas within the Town of Lexington designated as Zone A and AE on the Middlesex County, Massachusetts Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Lexington are panel numbers 0382F, 0384F, 0392E, 0401E, 0402E, 0403E, 0404E, 0408E, 0411E, 0412E, 0414E, and 0416E, in effect as of July 6, 2016. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report, in effect July 6, 2016. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk and available on the Town website.
[Amended 3-23-2016 ATM by Art. 36]
7.1.4 
Base Flood Elevation and Floodway Data.
1. 
Floodway data. In Zones A and AE, along watercourses within the Town of Lexington 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.
2. 
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
7.1.5 
Notification of Watercourse Alteration. In a riverine situation, the Conservation Administrator shall notify the following of any alteration or relocation of a watercourse: adjacent communities, NFIP State Coordinator, and NFIP Program Specialist.
7.1.6 
Use Regulations.
1. 
All man-made changes to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations in the NFI District, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with MGL c. 131, § 40 and with the following:
a. 
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;
[Amended 3-23-2016 ATM by Art. 36]
b. 
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
c. 
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
d. 
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
2. 
Any variances 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.
3. 
In Zones AE, along watercourses within the Town of Lexington that have a regulatory floodway designated on the Middlesex County FIRM 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.
4. 
All subdivision proposals must be designed to assure that:
a. 
Such proposals minimize flood damage;
b. 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c. 
Adequate drainage is provided to reduce exposure to flood hazards.
5. 
Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
7.2.1 
Purpose. The Town may create Transportation Management Overlay (TMO) Districts that allow greater opportunity for facilitating effective multi-modal transportation networks that increase the quality of life in Lexington through improved traffic management and mitigation to that outlined in §§ 5.1 and 5.5, consistent with the following principles:
1. 
Multimodal consideration. To ensure that the safety and mobility of all users of the circulation and transportation systems, including vehicles, public transit, pedestrians and cyclist, are considered equally;
2. 
Context sensitive design. To incorporate, throughout project planning, design, and construction, the overarching principles of Context Sensitive Design, including attention to scenic, aesthetic, historic, and environmental resources; and
3. 
Clear process. To develop and implement plans adopted through a broad-based, clear and transparent process.
7.2.2 
Overlay District. A TMO District shall not supersede other zoning districts, but shall be deemed to be superimposed over these other zoning districts, except that if an applicant elects to comply with the requirements in this section, this section shall supersede §§ 5.1 and 5.5.
7.2.3 
Applicability. The provisions of this section shall apply to developments located within a TMO District that elect to comply with the requirements of this section, rather than complying with §§ 5.1 and 5.5. Notwithstanding anything set forth herein to the contrary, an applicant may not make such an election until a plan for the TMO District has been adopted by the Planning Board as described below. A final certificate of occupancy shall not be issued unless or until all provisions of this section have been satisfied, except for those conditions that by their terms are intended to be satisfied after occupancy of the structures for which the certificate of occupancy is sought.
7.2.4 
Transportation Plan Required. The Planning Board, after consultation with the Board of Selectmen and an advertised public meeting, shall adopt a specific plan for each TMO District containing the following elements:
1. 
Assessment of the impacts of reasonably anticipated future development in the TMO District considering current zoning bylaws and other legal and physical constraints;
2. 
Analysis of existing capital improvement plans or the facilities element of a plan adopted under MGL c. 41, § 81D;
3. 
Cost projections for transportation infrastructure improvements required to address the impacts generated by the anticipated development in the TMO District, including the potential impact on nearby residential streets and neighborhoods;
4. 
Analysis of other reasonably anticipated sources of funding;
5. 
Required transportation mitigation fees in accordance with a methodology determined pursuant to this study;
6. 
Off-street parking and loading requirements for the TMO District;
7. 
Parking and Transportation Demand Management techniques reasonably calculated to reduce the number of vehicle trips generated by developments in the TMO District and to ensure the long term stability of the transportation system;
8. 
An implementation program that defines and schedules the specific municipal actions necessary to achieve the objectives of the plan; and
9. 
A plan to encourage voluntary participation in TDM programs by those not required to participate.
The plan shall be updated periodically to reflect actual development activity, actual costs of infrastructure improvements completed or underway, plan changes, or amendments to the zoning bylaws.
7.2.5 
Transportation mitigation fee. The imposition of a transportation mitigation fee shall not prevent the Town from imposing fees it may otherwise impose under local bylaws. The payment of a transportation mitigation fee is required when an applicant elects to proceed under this section, subject to the following:
1. 
Timing of payment. Payment of the transportation mitigation fee shall be in cash, under terms and conditions specified in the TMO District plan.
2. 
Payment use. Any transportation mitigation fees paid to the Town are intended to be used to fund transportation infrastructure improvements that are necessitated by the proposed development of the applicant. Examples of appropriate uses include the costs related to the provision of equipment, infrastructure, facilities, services, or studies associated with the following: traffic mitigation; public transportation; bicycle and pedestrian accommodations or other transportation-related improvements. Except where deficiencies are exacerbated by the new development, in which case the fee may be assessed only in proportion to the deficiency so exacerbated, the fee shall not be expended for personnel costs, normal operation and maintenance costs, or to remedy deficiencies in existing facilities. The expenditure of the fees without Town Meeting appropriation is prohibited.
3. 
Rough proportionality and reasonable benefit to fee payer. The transportation mitigation fee shall be determined by the TMO District plan described in § 7.2.4. The fee shall be roughly proportionate to the impacts created by the development. The purposes for which the fee is expended shall reasonably benefit the proposed development.
7.2.6 
Parking and Transportation Demand Management. Submission of a Parking and Transportation Demand Management (PTDM) plan, which is consistent with the TMO District plan described above, is required when an applicant elects to proceed under this section. Compliance with the submitted PTDM plan shall be a condition of any permit approvals.
7.2.7 
Enforcement. Compliance with the PTDM plan submitted with an approved permit application may be enforced through § 9.1.
7.2.8 
Special Permit. Where a development electing to proceed under this section also requires a special permit, the SPGA shall not grant the special permit unless it imposes conditions, including transportation mitigation fees and parking and transportation demand management requirements, to meet the goals of the TMO District plan.
[Amended 4-9-2014 ATM by Art. 32; 3-23-2016 ATM by Art. 37; 4-25-2016 ATM by Art. 44]
7.3.1 
Purpose. A planned development (PD) district is intended to:
1. 
Permit considerable flexibility in the development of tracts of land by requiring few predetermined standards;
2. 
Permit a developer to propose, and for the Town to vote on, a site development and use plan unique to a particular location;
3. 
Permit the use of development standards more detailed than the more general standards elsewhere in this bylaw; and
4. 
Provide information for the Town to evaluate the potential impacts of a proposed development and to enable the Town to require adherence to such site development plans.
7.3.2 
Provisions Applicable to PD Districts.
1. 
Standards for development. A PD District does not have predetermined standards for development. Such standards are to be proposed by the developer, included in the preliminary site development and use plan, and approved by Town Meeting.
2. 
Uses permitted. Any uses may be permitted in a PD District if they are clearly identified in the preliminary site development and use plan approved by Town Meeting.
3. 
Compliance required. No use is permitted and no development may occur in a PD District except in substantial conformity with a preliminary site development and use plan approved by Town Meeting, the provisions of this section and site plan review under § 9.5. In no case may the use or development be inconsistent with the text of the preliminary site development and use plan.
4. 
Filings. Each petition presented to the Town Meeting for rezoning land to a PD District shall include a preliminary site development and use plan describing the proposed zoning provisions and development plan as described in the Planning Board's rules and regulations. Two copies of the preliminary site development and use plan, which accompanies a petition for a rezoning, shall be filed with the Town Clerk and one copy with the Planning Board at least three weeks prior to the Planning Board public hearing required to be held under MGL c. 40A. Subsequent to that public hearing, revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board. The vote of the Town Meeting shall refer to the preliminary site development and use plan and it shall be considered part of the rezoning action.
5. 
Previous amendments. The preliminary site development and use plan for an existing PD District that was approved by an earlier Town Meeting may be amended. The proposed amendments shall be presented and acted upon in the same manner set forth in this section for an original petition.
6. 
Application for site plan review. The application for site plan review under this section shall be accompanied by a copy, certified by the Town Clerk, of the preliminary site development and use plan approved by the Town Meeting.
7.3.3 
Existing RD and CD Districts.
Existing CD and RD districts adopted under previous versions of this bylaw shall be governed by the version of this bylaw in effect on 1 January 2016 only until they are eliminated or amended. Any such elimination or amendment shall follow the procedures in this section.
[1]
Editor’s Note: A complete list of Planned Development Districts, including PD Planned Development Districts, RD Planned Residential Development Districts, and CD Planned Commercial Development Districts, is on file with the Planning Office.