Except as provided in Article IV hereof, no building or structure shall be constructed and no building, structure or land or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located or set forth as permissible by special permit in said district and so authorized. Special permits shall be issued subject to the provisions of Chapter 40A of the General Laws, as amended.
A special permit granted under this chapter
shall lapse within a specified period of time, not more than two years,
and including such time required to pursue or await the determination
of an appeal referred to in MGL C. 40A, § 17, from the grant
thereof, if a substantial use thereof has not sooner commenced except
for good cause or, in the case of permit for construction, if construction
as not begun by such date except for good cause.
[Added STM 11-21-1991 by Art. 14]
A.
Where a special permit may be authorized by a special
permit granting authority under this chapter, said authority may grant,
upon written application, such special permit if it finds, among other
things, that:
(1)
The proposed use would be suitably located in the
neighborhood in which it is proposed and/or the total Town.
(2)
The use will be reasonably compatible with the character
and scale of other uses permitted as of right in the same district.
(3)
The use will not constitute a nuisance by reason of
an unacceptable level of air or water pollution, excessive noise or
visually flagrant structures and accessories.
(4)
The proposed use will not constitute a substantial
inconvenience or hazard to abutters, vehicular traffic or pedestrians.
(5)
Adequate and appropriate facilities will be provided
for the proper operation of the proposed use, including special attention
to safe vehicular circulation.
(6)
The proposed use shall comply with the sign regulations
specified in this chapter.
(7)
The proposed use shall comply with any and all additional
special permit criteria or special use regulations imposed on individual
uses in this chapter.
(8)
The proposal will not create traffic congestion or
impair pedestrian safety. Provision shall be made for convenient and
safe vehicular and pedestrian circulation within the site and in relation
to adjacent streets, property or improvements.
(9)
The proposed project shall not create a significant
adverse impact to the quality of surface water or groundwater during
and after construction, and provision shall be made for maximizing
groundwater recharge.
(10)
The design of the project shall provide for
adequate methods of disposal of sewage, refuse or other wastes generated
by the proposed use.
(11)
The design of the project shall minimize the
visibility of visually degrading elements and protect the neighboring
properties from potentially detrimental or offensive uses through
the use of screening or vegetated buffer zones.
(12)
In reviewing site plans submitted with a special
permit application, the special permit granting authority shall consider
the site plan submittal and approval requirements of this chapter.
(13)
The proposal makes provision for the reduction
of noise levels by plantings, screening, walls, fences or other devices.
(14)
The proposed use complies with the requirements
of any overlay district in effect pursuant to this chapter.
(15)
The proposed use is in harmony with the general
purposes and intent of this chapter.
(16)
The public good will be served by the proposed
use.
(17)
The proposal reasonably protects the adjoining
premises against possible detrimental or offensive effects from the
uses on the site, including, but not limited to, unsightly or obnoxious
appearances, air pollution, water pollution, drainage flooding, noise,
vibration and lighting.
B.
In granting a special permit, the special permit granting
authority may, in accordance with Massachusetts General Laws, Chapter
40A, impose conditions, safeguards and limitations to be enforced
in accordance with this chapter. Such conditions, safeguards and limitations
shall be in writing and may include but are not limited to the following:
(1)
Setback and side and rear yards greater than the minimum
required in this chapter.
(2)
Screening of parking areas or other parts of the premises
from adjoining properties or from streets by the use of walls, fences,
plantings or other such devices.
(3)
Limitations of size, number of occupants, method or
time of operation or extent of facilities.
(4)
Modification of the exterior design or appearance
of buildings, structures, signs or landscape materials.
(5)
Additional parking, loading or traffic requirements
beyond the minimum required in this chapter.
(6)
Measures to protect against environmental pollution.
(7)
Performance bond or other security to insure that
the project meets the conditions specified in the special permits.
(8)
Regulation of the number, design and location of access
driveways and other traffic features of the proposed use.
(9)
Independent or Town monitoring at the expense of the
applicant.
(10)
Requirements necessary to control dust, dirt
and erosion during construction activity.
(11)
Limitations regarding the period of time the
special permit may be in effect.
(12)
Such other limitations as may be reasonably
related to reducing any adverse impact or which increase the compatibility
of the proposed use, structure or activity with the adjoining area
and neighborhood.
[Added ATM 5-17-2022 by Art. 19]
A.
Purpose. The purpose of the major development review is to identify, early in the process, those land use proposals for which a special permit is sought, excluding flexible residential development proposals submitted under § 185-23 of the Town of Southwick Bylaws and subdivision proposals submitted under Chapter 315 of the Town of Southwick Bylaws, that may have a significant impact on the Town of Southwick. Such a review will enable the Planning Board and the community to make an early assessment of said proposals, including any impacts to Town resources and services, traffic, the environment, abutting properties, the rural and historic character of the Town and surrounding properties, and the public health and safety that may be caused directly or indirectly by the proposal.
B.
FACADE
FLOOR AREA
IMPERVIOUS SURFACE
Definitions. The following definitions apply when said terms are
used in this section.
The shape, the color, and the type of material of the facing
of any exterior wall of a building or structure.
The sum of all area on each floor of a building, excluding
any cellar space but including any exterior space used for year-round
sale or storage of merchandise or equipment.
Any surface which prevents or impedes the infiltration of
stormwater into the underlying soil, including but not limited to
buildings or structures, compacted gravel or soil surfaces which impede
infiltration of stormwater, rooftops, sidewalks, driveways, parking
areas, and storage areas.
C.
Applicable proposals. The provisions of this bylaw shall apply to any application for a special permit, excluding flexible residential development proposals submitted under § 185-23 of the Town of Southwick Bylaws and subdivision proposals submitted under Chapter 315 of the Town of Southwick Bylaws, which seeks to utilize the property or properties in a manner that meets or exceeds any of the following thresholds:
(1)
A proposed building or buildings on the subject property or
properties for a new use which meets the following conditions:
(a)
Said new building(s) total 60,000 square feet or more of gross
floor area; or
(b)
Said new building(s) total 40,000 square feet or more of gross
floor area, and:
[1]
The proposal includes the construction of 100 or more net additional
parking spaces; or
[2]
The proposal generates an increase in the existing total daily
vehicle trips on the road serving the property or properties by 25%
or more, utilizing the most recent edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual to determine the number of
vehicle trips or, if the ITE trip generation rates are not applicable
or the use is not included in the manual, the estimated vehicle trips
per day shall be verified by the Southwick Town Engineer or a traffic
engineer peer reviewer; or
[3]
The proposal generates 20 or more net additional daily vehicle
trips to or from the subject property or properties by vehicles classified
under the Federal Highway Administration classification as Class 7
or above.
(2)
A proposed new use on the subject property or properties which
meets the following conditions:
(a)
The proposal includes 100,000 square feet or more of new gross
impervious surface; or
(b)
The proposal includes 60,000 square feet or more of new gross
impervious surface, and:
[1]
The proposal includes the construction of 100 or more net additional
parking spaces; or
[2]
The proposal generates an increase in the existing total daily
vehicle trips on the road serving the property or properties by 25%
or more, utilizing the most recent edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual to determine the number of
vehicle trips or, if the ITE trip generation rates are not applicable
or the use is not included in the manual, the estimated vehicle trips
per day shall be verified by the Southwick Town Engineer or a traffic
engineer peer reviewer; or
[3]
The proposal generates 20 or more net additional daily vehicle
trips to or from the subject property or properties by vehicles classified
under the Federal Highway Administration classification as Class 7
or above.
(3)
A proposed new building or buildings on the subject property
or properties to be utilized for an existing use which meets the following
conditions:
(a)
Said new building(s) total 80,000 square feet or more of new
gross floor area; or
(b)
Said new building(s) total 60,000 square feet or more of new
gross floor area, and:
[1]
The proposal includes the construction of 100 or more net additional
parking spaces; or
[2]
The proposal generates an increase in the existing total daily
vehicle trips on the road serving the property or properties by 25%
or more, utilizing the most recent edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual to determine the number of
vehicle trips or, if the ITE trip generation rates are not applicable
or the use is not included in the manual, the estimated vehicle trips
per day shall be verified by the Southwick Town Engineer or a traffic
engineer peer reviewer; or
[3]
The proposal generates 20 or more net additional daily vehicle
trips to or from the subject property or properties by vehicles classified
under the Federal Highway Administration classification as Class 7
or above.
(4)
A proposed addition to a subject property or properties without
a change to the existing use on the subject property or properties
which meets the following conditions:
(a)
The proposal includes 120,000 square feet or more of new gross
impervious surface; or
(b)
The proposal includes 80,000 square feet or more of new gross
impervious surface, and:
[1]
The proposal includes the construction of 100 or more net additional
parking spaces; or
[2]
The proposal generates an increase in the total daily vehicle
trips on the road serving the property or properties by 25% or more,
utilizing the most recent edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual to determine the number of
vehicle trips or, if the ITE trip generation rates are not applicable
or the use is not included in the manual, the estimated vehicle trips
per day shall be verified by the Southwick Town Engineer or a traffic
engineer peer reviewer; or
[3]
The proposal generates 20 or more net additional daily vehicle
trips to or from the subject property or properties by vehicles classified
under the Federal Highway Administration classification as Class 7
or above.
D.
Additional application information and filing requirements.
(1)
An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must be submitted to the Planning Board office prior to filing in the Town Clerk's office. Said application must contain the following information in addition to the submittal requirements of any other section of Chapter 185:
(a)
The name and address of the anticipated occupant(s)/tenant(s)
(if known by the applicant at the time of the application), if different
than the applicant;
(b)
Facade elevation renderings and perspective drawings of all
sides of any new building or structure or alterations to any existing
building or structure;
(c)
Versions of all applicable plans showing the subject property
or properties superimposed on an aerial image of the subject property
or properties, which includes abutting properties;
(d)
Any plans for phased construction; and
(2)
An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must also include, when filed in the Town Clerk's office, a copy of any comprehensive impact statement required by Subsection E, below, and a certification by the applicant that the community meeting required by Subsection F, below, has been conducted. Said application will not be deemed to be complete and appropriate for filing with the Town Clerk's office, pursuant to Massachusetts General Laws Chapter 40A, Section 9, until such time as any comprehensive impact statement required by Subsection E, below, is submitted to the Planning Board, and the community meeting required by Subsection F, below, has been conducted. If a public hearing is required to be opened due to statutory time limits due to the premature filing of the application with the Town Clerk, a public hearing may be opened and the application shall be denied by the Planning Board, unless said time limits are extended by written agreement of the applicant and the Planning Board or its designee.
E.
Comprehensive impact statement.
(1)
Upon submission of an application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above to the Planning Board office, the Town Planner will assess the following topics, with input from any other Town boards, commissions, or departments deemed relevant, and within 35 days of the submission of the application, circulate to the Planning Board members a written recommendation, including the factual basis and support for said recommendation, as to whether a comprehensive impact statement regarding one or more of the following topics is needed from the applicant:
(2)
An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above shall contain the applicant's opinion on whether a comprehensive impact statement regarding the topics listed in Subsection E(1) above is needed, and the factual basis and support for said position.
(3)
The Planning Board shall vote at its next meeting following
the circulation of the recommendation of the Town Planner on whether
or not a comprehensive impact statement regarding one or more of the
above topics is required, taking into account the information contained
in the latest version of the Planning Board's Comprehensive Impact
Statement Handbook. The recommendation of the Town Planner will be
adopted unless a majority of the Board vote to change the recommendation
of the Town Planner, with a majority vote required for each proposed
change to the recommendation. The Board must state the factual basis
and support for any change in the recommendation of the Town Planner.
Notice of the Board's decision regarding the comprehensive impact
statement shall be provided to the applicant promptly.
(4)
Any required comprehensive impact statement must be submitted
by the applicant within 30 days of the applicant being provided notice
of the Planning Board's vote that a comprehensive impact statement
is required, unless this time limit is extended by written agreement
of the applicant and the Planning Board or its designee.
(5)
Any required comprehensive impact statement must comply with
the requirements of the latest version of the Planning Board's
Comprehensive Impact Statement Handbook.
(6)
Any required comprehensive impact statement must be submitted at least seven days prior to conducting a community meeting on an application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above.
(7)
Any required comprehensive impact statement must be certified
by the applicant as being complete and accurate. Failure to comply
with the requirements of the latest version of the Planning Board's
Comprehensive Impact Statement Handbook, or submission of any substantial
misrepresentation or misleading or omitted data, shall be grounds
for denial of the application.
F.
Community meeting.
(1)
The applicant shall provide reasonable dates and times for a
community meeting to be held at a suitable location in the Town of
Southwick. Within seven days thereafter, the Town Planner will determine
if the location is suitable, select one of the proposed dates and
times and notify the applicant of the selection.
(2)
The applicant will timely give notice of the community meeting
by publication in a newspaper of general circulation in the Town of
Southwick once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the community meeting,
and will provide notice of the meeting by U.S. First Class Mail, postage
prepaid, to all parties in interest, as defined by M.G.L. Chapter
40A, Section 11. Publications and notices required by this section
shall contain the name and address of the applicant; the name and
address of the anticipated occupant(s)/tenant(s) (if known at the
time of the application); a description of the area or premises, street
address, if any, or other adequate identification of the location,
of the subject property or properties; the date, time and place of
the community meeting; a description of the proposed use for the subject
property or properties; and a statement that the applicant's
submission is available for public review in the Planning Board office.
Prior to conducting a public hearing, the applicant shall provide
the Planning Board with a copy of any and all publications and notices
described above, a list of all parties in interest to whom notice
was provided, and a certification that the requirements of this section
were completed.
(3)
The meeting will be attended, at a minimum, by a representative
of the applicant, a representative of the anticipated occupant(s)/tenant(s)
(if known by the applicant at the time of the meeting), and a representative
of the landscape architect/engineering firm associated with the project.
If the applicant is the anticipated occupant(s)/tenant(s) and/or the
landscape architect/engineering firm, a single attendee from those
identical parties can satisfy the above requirement.
(4)
The meeting will be attended, at a minimum, by the Town Planner
and/or a member of the Planning Board. A representative of the Department
of Public Works, the Conservation Coordinator and/or a member of the
Conservation Commission, and other relevant Town boards and departments
will be notified by the Town Planner of the meeting and encouraged
to attend.
(5)
The meeting will allow for a minimum of one hour of public questions
and comments.
(6)
At the option of either the applicant or the Town Planner/Planning
Board, the meeting may be conducted in hybrid format (in person and
via a video conferencing platform) and may be recorded.
(7)
All costs associated with conducting the meeting will be borne
by the applicant.
(8)
The information to be presented by the applicant at the meeting
must include:
(a)
A detailed description and explanation of the proposed use for
the subject property or properties;
(b)
Information that describes the location and site plan;
(c)
How the development will positively impact the community;
(d)
Any required comprehensive impact statement;
(e)
How any potential negative impacts from the construction process
and use will be minimized; and
(f)
How the development will meet the standards in the Southwick
Design Guidelines Handbook, if applicable.
G.
Major development standards.
(1)
An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must include a minimum lot size of five acres.
(2)
An application for a special permit which seeks to use the property or properties in a manner that meets or exceeds any of thresholds of Subsection C above must not include new impervious surfaces which exceed 40% of the total lot area of the property or properties.
(3)
Total impervious surfaces of a grouped retail business use or
mall proposal shall not exceed 45% of total lot area of the property
or properties.
H.
Surety. The Planning Board may, at its discretion when granting a special permit which seeks to use a property or properties in a manner that meets or exceeds any of thresholds of Subsection C above, choose to require that the applicant submit to the Town a form of abandoned building surety, either through escrow account, or bond, in an amount sufficient to cover the cost of removal of all, or some portion of, the structures and impervious surfaces to be added to the property or properties by the applicant, and to return the property or properties to their original condition or a condition appropriate for redevelopment. Such determination should consider the reusability of the structures and/or improvements. The escrow account or bond shall be kept in place until such time as the Planning Board grants, for good cause and by majority vote, to release the surety.
[Added STM 11-21-1991 by Art. 14]
A.
In all instances in which site plan approval is required
under this chapter, all site plans shall be submitted to the Planning
Board on such size sheets and with a sufficient scale to show:
(1)
The location and boundaries of the lot, adjacent streets
or ways, and the location and owners' names of all adjacent properties.
(2)
Existing and proposed topography, including contours,
the location of wetlands, streams, water bodies, drainage swales,
areas subject to flooding and unique natural land features.
(3)
Existing and proposed structures, including dimensions
and elevations.
(4)
The location of parking and loading areas, driveways,
walkways and access and egress points.
(5)
The locations and a description of all proposed septic
systems, water supply, storm drainage systems, utilities and refuse
and other waste disposal methods.
(6)
Proposed landscape features, including the location
and a description of screening, fencing and plantings.
(7)
The location, dimensions, height and characteristics
of proposed signs.
(8)
The location and a description of proposed open space
or recreation areas.
(9)
Any additional information required elsewhere in this
chapter.
B.
In addition to the above, the applicant for site plan
approval shall also submit the following information to the Planning
Board as directed by the Board:
(1)
Measures to prevent pollution of surface and ground
water, increased runoff, changes in groundwater levels and flooding.
(2)
Design features which will integrate the proposed
development into the existing landscape, maintain neighborhood character,
enhance aesthetic assets and screen objectionable features from neighbors
and roadways.
(3)
Control measures to prevent erosion and sedimentation
and the sequence of grading and construction activities, installation
of control measures and final stabilization of the site.
(4)
Estimated average daily and peak-hour vehicle trips
to be generated by the site and traffic flow patterns for both vehicles
and pedestrians showing adequate access to and from the site and adequate
circulation within the site.
C.
In reviewing and evaluating a site plan as part of
special permit criteria or otherwise under this chapter, the Planning
Board shall consider the following standards, consistent with a reasonable
use of the site for the purposes permitted or permissible by the regulations
of the district in which it is located, in addition to other criteria
set forth in this chapter:
(1)
The proposal must conform to the special permit requirements
as listed elsewhere in this chapter.
(2)
The development shall be integrated into the existing
terrain and surrounding landscape and shall be designed to protect
abutting properties and community amenities. Building sites shall,
to the extent feasible:
(3)
Architectural style shall be compatible with the rural/historic
character and scale of buildings in the neighborhood and the Town
through the use of building materials, screening, breaks in roof-
and wall lines and other architectural techniques. Variation in detail,
form and siting shall be used to provide visual interest and avoid
monotony. Proposed buildings shall relate harmoniously to each other
with adequate light, air, circulation and separation between buildings.
(4)
The development shall be served with adequate water
supply and waste disposal systems.
(5)
The plan shall maximize the convenience and safety
of vehicular and pedestrian movement within the site and in relation
to adjacent ways.
(6)
The site plan shall show adequate measures to prevent
pollution of surface or ground water, to minimize erosion and sedimentation
and to prevent increased potential for flooding. Drainage shall be
designed so that runoff shall not be increased, groundwater recharge
is maximized and neighboring properties will not be adversely affected.
(7)
The development will not place excessive demands on
Town services and infrastructures.
(8)
Electric, telephone, cable television and other such
utilities shall be underground where physically and environmentally
feasible.
(9)
Exposed storage areas, machinery, service areas, truckloading
areas, utility buildings and structures and other unsightly uses shall
be set back or screened to protect the neighbors from objectionable
features.
(10)
The site plan shall comply with any and all
zoning requirements for parking, loading, dimensions, environmental
performance standards and all other provisions of this chapter.
D.
Before approval of a site plan, the Planning Board
may request the applicant to make modifications in the proposed design
of the project to ensure that the above criteria are met.
A.
Purpose. It is the purpose of this district to protect
natural drainage, flood retention areas and the natural water table,
to prevent water pollution and slope erosion, to continue and promote
agricultural use of the land and the health, safety and the general
welfare.
B.
Permitted uses:
(1)
Farms, lumbering, stables, commercial greenhouses
and kennels for purpose of agriculture, forestry and animal husbandry,
under the following conditions:
(a)
All structures except dwellings shall be, hereafter,
located not less than 100 feet from any street line and not less than
100 feet from any dwelling on an adjacent lot, except that these requirements
shall not restrict fencing for pastures for horses and cows.
(b)
Commercial dog kennels shall be located not
nearer than 500 feet to any dwelling on an adjacent lot and not less
than 300 feet from any street line, and shall require the authorization
of the Board of Appeals.
(c)
Commercial slaughtering, except animals raised
on the premises, is prohibited.
(2)
Municipal parks, playgrounds and recreational and
community buildings, grounds for games and sports and country clubs,
the chief activity of which is not conducted for profit.
(3)
Buildings used for governmental uses, either Town,
county, state or federal.
(5)
Accessory uses customarily incidental to any use permitted
herein.
(6)
Single-family residences may be granted special permits
by the Planning Board as an exception subject to the following conditions:
(a)
All requirements of Chapter 315, the Subdivision Regulations of the Town of Southwick, must be complied with if it is a subdivision.
(b)
The Board of Health shall certify to the Board
that proposed private sewerage and water systems have been designed
to operate satisfactorily in relation to the particular characteristics
of the soils and slopes in this district.
(c)
Minimum lot, height and area requirements are
not less than those required in the R-40 Zone.
(d)
The Board shall be guided by the public welfare
and shall find that such proposed use fully safeguards the appropriate
use of the land in the immediate neighborhood.
A.
Permitted uses:
(1)
Any use permitted in Article IV, § 185-11, Agriculture and Conservation District AC, including farms, commercial greenhouses, lumbering and stables, which, when operated for profit, shall be permitted subject to the provisions of Article IV, § 185-11B, only on a minimum tract of five acres. Commercial dog kennels are prohibited.
(2)
Single-family permanent dwellings, provided that only one dwelling shall occupy one lot as specified in Article V, Height and Area Requirements.
(3)
Two-family permanent dwellings, provided that there
shall be a fifty-percent increase in the minimum lot area. Approved
separate water and sewerage systems are required. There shall be a
minimum frontage of 250 feet and a minimum distance of at least 1,500
feet in any direction from any other two-family dwelling.
[Amended STM 9-26-1978 by Art. 10]
(4)
Churches and other places of worship, parish houses
and Sunday school buildings and social centers.
(5)
Public schools, public libraries and museums and private
schools, including nursery schools. Tractor-trailer and heavy equipment
schools are prohibited.
(6)
Public or semipublic institutions of a philanthropic
or charitable character, hospitals, sanatoriums and other medical
institutions, provided that proper sewerage be required for any establishment
containing more than six beds or full-time patients or occupants.
Principal structures shall be located not less than 100 feet from
any street line or property line.
(7)
On a minimum parcel of 40,000 square feet, the keeping
of a small flock of poultry, not to exceed 25, and the keeping of
saddle or riding horses and other farm animals, for the personal use
of the occupant or occupants, may be permitted, provided that any
required enclosure or building for such animals shall hereafter be
located not less than 100 feet from any street line and 100 feet from
any dwelling on an adjacent lot (subject to Board of Health criteria).
(8)
The office of a physician, surgeon or dentist, or
any similar professional office, provided that it is situated in the
same dwelling used by the person as his private residence and not
more than two persons shall be regularly engaged in the activity.
(11)
Accessory uses customarily incidental to any
use permitted herein.
A.
Permitted uses:
[Added STM 9-26-1978 by Art. 10]
A.
Permitted uses:
(2)
Residential apartment houses. The Planning Board may
grant a special permit for residential apartment houses in the R-20-A
District subject to the following conditions and any other requirements
of this district:
(a)
The principal permitted use shall be multifamily
residence. Residential garden apartments.
(b)
The only other uses to be permitted are parking,
recreation and homemaking or service uses intended and designed only
for the use, maintenance or operation of the property and residence.
(c)
General requirements:
[1]
Area requirements. The minimum size parcel or
land which may be used for this use is two acres. The number of dwelling
units to be permitted shall be computed on the basis of land area,
and not more than six dwelling units for each acre of land will be
permitted.
[2]
Yard and frontage requirements:
[a]
Yard and courts: minimum front
yard, 50 feet in depth; minimum rear yard, 50 feet in depth. Courts
shall be completely open on one side and with a width of not less
than 75 feet and depth of not more than 100 feet. Apartments shall
not be closer than 100 feet to any arterial or collector street.
[b]
Space between structures. The distance
between any two structures shall be not less than 100 feet.
[c]
Building coverage. Structures may
not occupy more than 25% of the total land area. Parking facilities
may not occupy more than 20% of the total land area.
[d]
Frontage: at least 300 feet of
frontage on an arterial or collector road. Such roads are defined
in the Plan of Development, the Master Plan.
[3]
Building height. Buildings shall not exceed
two stories or 35 feet in height. Basements are not required but when
provided shall not be used for living areas, except that service facilities
are permitted.
[4]
Building and dwelling size. Each building shall
not contain fewer than four units nor exceed 12 dwelling units. Each
dwelling unit shall contain at least 500 square feet of living space
and at least two rooms exclusive of bathroom. For each additional
room, 125 square feet of living area shall be provided. In no case
shall more than three bedrooms be provided, and when provided this
type of dwelling unit shall not comprise more than 5% of the dwelling
units proposed.
[5]
Parking and access. At least two parking spaces shall be provided for each dwelling unit. The parking areas shall be hard-surfaced and located on the site not more than 200 feet from the dwelling units to be serviced. Each parking space shall not be less than 10 feet by 20 feet in size. Accessways shall be constructed to the street specifications contained in Chapter 315, the Southwick Subdivision Regulations. The location and arrangement of access and parking shall be consistent with public safety and shall provide no undue hindrance to the safety of existing or proposed ways. Parking will not be permitted on accessways or within any front yard requirements.
[6]
Sidewalks. Sidewalks shall be provided on the
site from parking areas to dwelling units and wherever else pedestrian
traffic warrants.
[7]
Recreation. At least 1,000 square feet of developed
recreation area for each dwelling unit shall be provided. Such space
can be centrally located on the site to provide convenient access
to its residents. At least 1,000 square feet of undeveloped natural
area for each dwelling unit shall be provided.
[8]
Buffer areas. A buffer area shall be provided
along all lot lines except the frontage. Such buffer shall not be
less than 25 feet in width and planted with evergreens in no fewer
than two rows no further than 15 feet apart along each row, staggered
to provide maximum screening, and using trees not less than five feet
in height at time of planting. Additional buffer width or area or
more mature plantings if unusual conditions demand more extensive
screening may be required. Such buffer areas are not required for
the frontage on a road.
[9]
The provision of public water is mandatory for
apartment uses. The disposal of sanitary wastes shall be provided
for in a common system for all dwelling units proposed and shall be
approved by the Board of Health.
[10]
Apartment-type residences shall
comply with all applicable laws, regulations and codes of the Commonwealth
of Massachusetts.
(d)
A site development plan signed by a registered
engineer, a land surveyor and a landscape architect shall be submitted
on four copies to the Planning Board and shall include the following
information:
[Amended ATM 4-15-1980 by Arts. 37 and 38; ATM 5-19-2015 by Art. 24]
[1]
Existing and proposed topography of the site.
All elevations shall be based on United States Geological Survey (USGS)
datum, and shall be shown in two-foot contour intervals. All zone
limits shall be shown. Soil types may be taken from existing soil
classification maps and revised according to site investigations.
[2]
The location of drainage and other utility installation.
[3]
The location and extent of proposed structures.
[4]
The location and extent of parking and access
areas.
[5]
The location and extent of pedestrian areas.
[6]
The location and extent and facilities of recreation
areas.
[7]
The amount of open space and recreation area
provided.
[8]
A tabulation of proposed buildings by type,
size (number of bedrooms, floor area and ground coverage) and a summary
of the percentage of the tract to be occupied by buildings, parking
areas and other paved vehicular traffic.
[9]
A general location map showing the surrounding
property within 500 feet and including the structures, roads, watercourses
and other physical features which relate to the proposed site development
plan. The Planning Board shall transmit one copy of the site development
plan to the Board of Health for an advisory report. The Board of Health
shall have 30 days in which to make its report.
[10]
No site development plan will
be approved which is inconsistent with the public welfare or which
impairs the integrity of this chapter or which does not fully safeguard
the appropriate use of the land in the immediate neighborhood. The
Board shall require a public hearing on a site development plan.
[11]
The Board shall require a performance
bond for any and all of the proposed site improvements to include
recreation areas as well as accessways, park, landscaping, etc.
[12]
No building or use permit may
be issued except in accordance with the site development plan as approved
or subsequently amended by the procedures outlined in this section.
[13]
Unless substantial construction
has begun within two years of the approval of the plan, said plan
shall become null and void.
[14]
Entrance signs shall not exceed
32 square feet; other signs shall conform to this chapter.
[15]
These rules and regulations shall
not apply to the Southwick Housing Authority for housing for the elderly.
Said Housing Authority shall comply with the rules and regulations
of the Commonwealth of Massachusetts.
[16]
Housing projects for elderly persons
as authorized under MGL C. 121B, §§ 38 through 41,
inclusive, as well as any other applicable sections of the General
Laws and the requirements of the DCA Division of Housing, all as most
recently amended, provided that:
[a]
The project be on a Town sewer,
if available.
[b]
There shall be a minimum of 4,000
square feet of lot area per dwelling unit.
[c]
In no case shall there be a total
area of less than four acres, and the number of dwelling units to
be permitted shall be computed on the basis of land area, and not
more than nine dwelling units for each acre of land will be permitted.
[d]
The lot shall have a frontage of
no less than 200 feet on a public way.
[e]
No building shall be less than
50 feet from any public way or 30 feet from any property line.
[f]
There shall be a distance of at
least 30 feet between buildings.
[g]
Maximum height shall not exceed
35 feet and the minimum gross floor area per dwelling unit shall be
450 square feet, further provided that said housing is permissible
in any district in the Town of Southwick, only under the jurisdiction
of the Southwick Housing Authority.
A.
Permitted uses:
(2)
Housing for elderly persons and/or handicapped persons.
(a)
The Planning Board may grant a special permit
for housing for the elderly and/or handicapped persons as hereinafter
defined, subject to the following conditions and other requirements
of this district:
[1]
The principal permitted use shall be multifamily
residences for elderly and/or handicapped persons. Such housing may
include ancillary facilities such as retail services, libraries and
laundry rooms serving the residents of the project, provided that
no exterior signs or direct outside entrances shall be permitted to
such service uses. Offices, meeting and conference rooms and administrative
uses related to the operation or program of service needs of the project
shall be allowed.
[Amended STM 9-13-1994 by Art. 3]
(b)
ELDERLY PERSON
HANDICAPPED PERSON
HOUSING FOR THE ELDERLY OR HANDICAPPED
For the purpose of this § 185-15, the following words and terms shall have the following meanings:
Any person having physical impairments which:
A building or buildings containing dwellings and related
facilities, such as dining, recreational services or therapy areas,
where the occupancy of the dwellings is designed to meet the needs
of elderly or handicapped persons as defined herein. Such use may
include facilities for independent or semi-independent living, day
care personal care nursing facilities or services to the elderly of
the community when it is an ancillary part of one of the above operations.
A.
Permitted uses:
(1)
Any use of buildings, structures and land permitted
in a Residence R-20 Zone, except apartment-type dwellings and single-family
residences.
(2)
Personal service store.
(3)
Hotel, motel or inn.
(4)
Retail store.
(5)
Business or professional office or bank.
(6)
Indoor theater, hall or club.
(7)
Funeral home.
(8)
Restaurants, taverns or other eating places.
(10)
Wholesale business and storage warehouse, not
including a junkyard, junk storage or scrapping of automobiles, or
parts, or salvage thereof.
(11)
Newspaper and job printing.
(12)
Salesroom or lot for sales for motor vehicles,
provided that no new use shall be sited closer than 1,000 feet from
any existing such salesroom or lot.
[Amended ATM 5-16-2000 by Art. 17]
(13)
Scientific research and related production.
(14)
Storage and distribution of lumber and building
materials.
(16)
Accessory uses customarily incident to any use
permitted herein.
(17)
Miniature golf course, batting cage and related
activities if authorized by the issuance of a special permit from
the Planning Board.
[Added STM 3-1-1995 by Art. 3]
(18)
For small scale and large scale ground mounted photovoltaic systems see § 185-23.2 which requires site plan approval for small scale, ground mounted, photovoltaic systems and special permit or large scale ground mounted photovoltaic systems and site plan approval for large scale ground mounted photovoltaic systems.
[Added ATM 5-21-2013 by Art. 20]
[Amended ATM 4-15-1980 by Art. 40; STM 11-30-1999 by
Art. 10; ATM 5-21-2013 by Art.
20; ATM 5-19-2015 by Art. 24;
STM 12-6-2016 by Art. 4]
A.
Permitted uses:
(1)
Bank.
(4)
Accessory uses customarily incident to any use permitted herein.
(5)
Any accessory use for an existing residence including barns, breezeways,
garages, swimming pools and tool sheds shall be permitted without
special procedure.
(6)
Existing businesses may enlarge up to 1,000 square feet or 10%, whichever
is greater, without special permit procedure.
C.
Height, area, yard and minimum floor area requirements shall conform to Article V, Height and Area Requirements.
D.
Design standards. The following standards will be required for any project requiring a special permit or modification of an existing special permit and shall be shown in plans required in Subsection E.
(1)
In designing and building all structures and alterations thereto,
a good faith attempt shall be made by the Planning Board and the applicant
to meet the design requirements of the Town of Southwick Design Guideline
Handbook, if commercially reasonable.
(2)
The Planning Board and the applicant shall attempt to have reasonably
consistent architectural elements in the structures, and any alterations
thereto, to provide continuity in accordance with the Town of Southwick
Design Guidelines Handbook. Building designs with large expanses of
undifferentiated facades and long plain wall sections shall be discouraged.
All exterior building elevations on the front and street facing side
shall be designed so as to avoid or minimize large expanses of blank
walls on the front and street facing side. In order to assure conformance
with this requirement, exterior elevations must be reviewed and approved
as a part of the overall final plan process by the Planning Board.
(3)
The total footprint of all structures and impervious surfaces shall
not exceed 75% of the total tract of land being developed or altered,
unless the existing structures and impervious surfaces currently exceed
this limit, in which case the total footprint may not be increased.
(4)
Landscape planting, including trees, shrubs, grass or ground cover,
shall be provided and permanently maintained by the owner in the area
required for setback from property and street lines, to the satisfaction
of the Planning Board. All existing natural growth shall be preserved
where practicable. Where a property in the Business Restricted Zone
abuts a property in the Residence Zone on the side or rear, a dense
planting at least 30 feet in width shall be provided. The Planning
Board may require more extensive plantings or opaque fencing if unusual
conditions demand more screening or noise abatement.
(5)
Amenities, such as benches, sidewalks, covered refuse cans/bins,
planters, bike racks, etc., may be required by the Planning Board.
(6)
Proposed mixed uses shall minimize visual and functional conflicts
between business and residential uses, keeping the integrity of the
underlying Business Restricted Zone BR.
(7)
To maintain the intent of the Business Restricted Zone BR, any residential
uses allowed as a part of a mixed use development shall be located
above the floor/street level of the building or in the first floor
portions of the building that do not front the street or have access
on the street frontage.
E.
Site plan approval.
(1)
Before any building permits may be issued or before any construction
of any building or land improvement, a site plan shall be submitted
to the Planning Board. The site plan shall be signed by a registered
engineer, land surveyor or a landscape architect.
(2)
The Planning Board shall hold a public hearing to review the site
plan and may impose reasonable conditions that the Planning Board
determines are necessary to conform with the intent of this bylaw.
(3)
The site plan may be submitted to the Board of Health for its review
and recommendations to the Planning Board. Such comments and recommendations
by the Board of Health shall be transmitted to the Planning Board
and be made a part of the record of such public hearing.
(4)
The application to the Planning Board shall be accompanied by six
copies of a site plan.
(5)
The site plan shall include (a) existing boundaries of the lot or
parcel, (b) exterior elevations of all existing and proposed structure(s),
(c) existing topography and proposed grading, (d) proposed drainage,
lighting, facilities with data for sewage, refuse and waste disposal,
landscaping, parking, driveways, access ways and sidewalks, and amenities,
such as benches, sidewalks, covered refuse cans/bins, planters, bike
racks, etc., and (e) other uses and open spaces.
(6)
No building permit shall be issued in the Business Restricted Zone
BR except in accordance with the approved site plan.
A.
Permitted uses:
(1)
Processing, distribution and storage of milk, ice
cream and other dairy products.
(2)
Manufacture and processing of food products, including
candy.
(3)
Storage and distribution of lumber and building materials.
(4)
Manufacture or processing of mill work and other wood
products.
(5)
Manufacture or processing of metal products in a machine
shop or blacksmith shop.
(6)
Laundering and dry cleaning.
(7)
Printing, engraving and bookbinding.
(8)
Processing or warehousing of tobacco.
[Amended STM 11-16-2010 by Art. 4]
(9)
Manufacture or processing of stone, concrete or clay
products for structural or monumental purposes.
(10)
Public storage of goods in fireproof warehouses.
(11)
Public utilities.
(12)
Any use permitted in Business B Zone, except
residential uses.
[Amended ATM 5-19-2009 by Art. 22]
(14)
Accessory uses customarily incident to any use
permitted herein.
(16)
For small scale and large scale, ground mounted photovoltaic systems see § 185-23.2 which requires both large scale and small scale ground mounted photovoltaic systems to obtain site plan approval and a special permit for large scale ground mounted photovoltaic systems.
[Added ATM 5-21-2013 by Art. 20]
B.
Prohibited uses. The following uses shall be prohibited
in Industrial Zones or in any zone of the Town of Southwick:
(1)
No racetracks where parimutuel betting is allowed
shall be permitted. The schools or nonprofit organizations located
in the Town of Southwick running competitive sporting events shall
comply with all safety and health standards. Location of events shall
be restricted to the present R-20-A Zone and on a minimum of 20 acres,
to be approved by the Board of Selectmen. Fees, if required, shall
be set by the Board of Selectmen which will issue the necessary licenses
and permits.
[Amended STM 9-26-1978 by Art. 10; STM 3-20-1984 by Art. 3]
(2)
Tourist cabins.
(3)
Crematories.
(4)
Asphalt manufacture or refining of tar products.
(5)
Drop forge or foundry.
(6)
Incineration reduction or dumping of offal or disposal
of garbage on a commercial basis.
(7)
Junkyards, including the storage of any unregistered
vehicles outside of a building or structure, provided that one unregistered
vehicle may be temporarily stored on the premises for a period of
time not to exceed three months; penalty for a breach thereof shall
be recovered by complaint before a proper court. This section shall
not apply to motor vehicles which are designed and used for farming
purposes, contractors' equipment and present and future holders of
Class 1 and Class 2 motor vehicle licenses in accordance with MGL
c. 140, § 58.
[Amended ATM 4-15-1980 by Art. 42]
(8)
Slaughterhouses.
(10)
Any storage of soil, stone, gravel, sand or
road material within 100 feet of a public way.
A.
Permitted uses:
(1)
Printing, engraving and bookbinding.
[Amended STM 11-30-1999 by Art. 11]
(4)
Accessory uses customarily incident to any use permitted
herein.
(5)
Any accessory use for an existing residence including
barns, breezeways, garages, swimming pools and toolsheds shall be
permitted without special permit procedure.
(6)
Existing businesses or industries may enlarge up to
1,000 square feet or 10%, whichever is greater, without special permit
procedure.
B.
Special permit uses: All uses permitted in Article IV, § 185-18, Industrial Zone I, subject to a special permit from the Planning Board. Large scale, ground mounted photovoltaic systems special permit and site plan approval is required under § 185-23.2 in accordance with the terms of § 185-23.2.
[Added STM 11-30-1999 by Art. 11[1]; amended ATM 5-21-2013 by Art. 20]
C.
Height, area, yard and minimum floor area requirements shall conform to Article V, Height And Area Requirements.
D.
Site plan approval.
(1)
Before any building permits may be issued or before any construction
of any building or land improvement, a site plan shall be submitted
to the Planning Board. The site plan shall be signed by a registered
engineer, land surveyor or a landscape architect.
[Amended 5-19-2015 ATM
by Art. 24]
(2)
The Planning Board shall hold a public hearing as
provided by Chapter 40A of the General Laws of the Commonwealth of
Massachusetts.
(3)
The site plan may be submitted to the Board of Health
for its review and recommendations to the Planning Board. Such comments
and recommendations by the Board of Health shall be transmitted to
the Planning Board and be made a part of the record of such public
hearing.
(4)
Application to the Planning Board shall be accompanied
by two or more copies of a site plan showing existing boundaries of
the lot or parcel, existing topography and proposed grading, proposed
drainage, proposed lighting, proposed facilities with data for sewage,
refuse and waste disposal, and the extent and location of proposed
structures, parking, accessways, other uses and open spaces.
(5)
Any parking space or area shall not be closer than
20 feet to the nearest property line abutting a street or to any residential
zone; nor shall any exterior parking space or area be closer to any
building on the property than 10 feet. All driveways shall be hard-surfaced
and at least 26 feet in width.
(6)
Landscape planting, including trees, shrubs, grass
or ground cover, shall be provided and permanently maintained by the
owner in the area required for setback from property and street lines
to the satisfaction of the Board. All existing natural growth shall
be preserved where practicable. Where an Industrial Restricted Zone
abuts a Residence Zone on the side or rear, a dense planting at least
30 feet in width shall be provided. The Board may require more extensive
plantings or opaque fencing if unusual conditions demand more screening
or noise abatement.
(7)
The following performance standards shall be met:
(a)
No dust, dirt, fly ash or offensive smoke shall
be emitted into the air.
(b)
No offensive odors or noxious, toxic, corrosive
fumes or gases shall be emitted into the air.
(c)
No noise which is objectionable due to volume,
intermittence, beat, frequency or shrillness shall be transmitted
outside the property where it originates.
(d)
No offensive or harmful wastes shall be discharged
into any stream or watercourse or onto any adjoining property.
(e)
No activity shall be conducted which is hazardous
to persons or property outside of the lot on which the activity is
conducted.
(8)
No building permit shall be issued in an Industrial
Restricted Zone except in accordance with the approved site plan.
(9)
No site plan shall be approved which is inconsistent
with the public welfare or which impairs the integrity of this chapter,
or which does not fully safeguard the appropriate use of the land
in the immediate neighborhood.
A.
Purpose. The purpose of this district is to:
(1)
Promote the health, welfare and safety of the occupants
of land against the hazards of flooding.
(2)
Preserve and protect the streams and other watercourses
in Southwick and the lands which adjoin these waterways.
(3)
Preserve and maintain the groundwater table and water
recharge areas for water supply and surface water exchange purposes.
(4)
Protect the community against detrimental uses and
development and to minimize losses by provisions designated to:
B.
District boundaries.
[Amended 5-20-2014 ATM by Art. 22]
(1)
The boundaries of said Flood Hazard and Wetlands District FH in Subsection
A(10) above is herein established as an overlay district. The District
includes all special flood hazard areas within the Hampden County
designated as Zone A and AE on the Hampden County 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 Hampden County FIRM that are wholly or partially
within the Town of Southwick are panel numbers 25013C0352E, 25013C0354E,
25013C0358E, 25013C0359E, 25013C0360E, 25013C0361E, 25013C0362E, 25013C0364E,
25013C0366E, 25013C0367E, 25013C0368E, 25013C0369E, 25013C0378E, 25013C0379E,
25013C0386E, 25013C0387E, 25013C0502E, and 25013C0506E dated September
17, 2014. The exact boundaries of the District may be defined by the
100-year base flood elevations shown on the FIRM and further defined
by the Hampden County Flood Insurance Study (FIS) report dated September
17, 2014. The FIRM and FIS report are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Building Official,
and Conservation Commission.
(2)
The boundaries of the Flood Hazard and Wetlands District shall be
determined by scaling distances on the FEMA Flood Insurance Rate Map.
When interpretation is needed as to the exact location of the boundaries
of the district, the Conservation Commission shall make the necessary
interpretation.
C.
Use regulation.
(1)
The Flood Hazard and Wetlands District shall be considered
as overlying other districts. The following uses, which have low flood
damage potential and which do not represent a hazard to other lands
during times of flood, shall be permitted within the Flood Hazard
and Wetlands District subject only to such controls which exist as
to these regulations:
(a)
Conservation of soil, water, plants and wildlife.
(b)
Outdoor recreation when otherwise permitted,
but excluding buildings and structures.
(c)
Foot-, bicycle and horse paths, provided that
such uses do not affect the natural flow patterns of any watercourse.
(d)
Agriculture and forestry of all types, except
for greenhouses and structures for the sale of agricultural products.
(e)
Temporary nonresidential structure uses in connection
with fishing or growing, harvesting, storage or sale of crops raised
on the premises.
(f)
Buildings lawfully existing prior to the adoption
of these provisions, not including substantial improvements.
D.
Area and yard requirements. Portions of a lot which
are contained within the Flood Hazard and Wetlands District may be
used to meet the area and yard requirements of the district in which
the remainder of the lot is contained, provided that the portion of
the lot contained within the Flood Hazard and Wetlands District does
not exceed 10% of the minimum lot required by said district.
E.
Planning Board. Any use permitted in the district
overlaid by the Flood Hazard and Wetlands District may be permitted
by special permit from the Planning Board subject to the following
provisions:
(1)
The applicant shall demonstrate that the proposed
use will not in fact increase the flood hazard potential of any area.
(2)
The Planning Board shall find that the proposed use
will not be detrimental to the public health, safety and welfare,
and will not detract from the purposes of this chapter. The proposed
use must comply in all respects to the provisions of the underlying
district or districts within which the land is located.
(3)
The proposed use will not overload any public water,
drainage or sewage systems or any other municipal system so that any
area of the Town will be unduly subjected to hazards affecting health,
safety or the general health.
(4)
In Zones A 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.
[Added 5-20-2014 ATM by Art. 22]
(5)
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.
[Added 5-20-2014 ATM by Art. 22]
(6)
In a riverine situation, the Conservation Commission Coordinator
shall notify the following of any alteration or relocation of a watercourse:
[Added 5-20-2014 ATM by Art. 22]
|
Adjacent communities
|
|
Bordering states
|
|
NFIP State Coordinator
| |
|---|---|
|
Massachusetts Department of Conservation and Recreation
| |
|
251 Causeway Street, Suite 600-700
| |
|
Boston, MA 02114-2104
|
|
NFIP Program Specialist
|
|
Federal Emergency Management Agency, Region I
| |
|---|---|
|
99 High Street, 6th Floor
| |
|
Boston, MA 02110
|
(7)
In Zone AE, along watercourses within the Town of Southwick that
have a regulatory floodway designated on the Hampden County FIRM 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.
[Added 5-20-2014 ATM by Art. 22]
(8)
All subdivision proposals must be designed to assure that:
[Added 5-20-2014 ATM by Art. 22]
F.
Site plan approval.
(1)
In order that the Planning Board may determine that
the above-mentioned conditions are met, a site plan of one inch equals
100 feet, prepared by a by a registered engineer, land surveyor or
a landscape architect, shall be submitted in quintuplicate to the
Planning Board by the applicant. The site plan, which shall include
the area within 500 feet of the proposed use, shall show at least
the following:
[Amended 5-19-2015 ATM
by Art. 24]
(a)
The location, boundaries and dimensions of each
lot.
(b)
Two-foot contours of the existing and proposed
land structure.
(c)
The location of existing and proposed structures,
watercourses and drainage and refuse disposal facilities.
(d)
The area and location of existing and proposed
septic tanks and leach fields.
(e)
That the proposed materials and techniques to
be used in the construction will minimize damage.
(f)
That new construction of substantial improvements
to residential and nonresidential structures in areas of special flood
hazard have the lowest floor including basement elevated to or above
the level of the one-hundred-year-flood standard.
(2)
Within 10 days after receipt of said site plan the
Planning Board shall submit a copy of said site plan to the Board
of Health, Conservation Commission and Building Inspector for review.
The Planning Board shall schedule no hearing nor take final action
on such plans until it has received a written report from said Boards,
Commissions and Inspectors or until 35 days have elapsed. Said reports
shall be made a part of the public hearing. In considering a site
plan, the Planning Board shall find all the following requirements
to have been fulfilled:
(a)
The utilities are constructed and located so
as to eliminate or minimize flood damage.
(b)
The convenience and safety of vehicular and
pedestrian movement within the site and adjacent properties are not
impaired.
(c)
The methods for disposal of sewage, refuse and
other wastes resulting from the uses permitted on the site and the
methods of disposing of storm runoff are adequate to minimize flood
damage.
(e)
Landfilling is prohibited unless a permit is
granted by the Conservation Commission. Under no conditions will the
filling raise the one-hundred-year-flood level more than one foot
at any point.
G.
SUBSTANTIAL IMPROVEMENT
Definitions.
Means any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or, if the structure
has been damaged and is being restored, before the damage occurred.
Exterior enlargement shall not exceed 10% of the original ground level
size of the structure, or 150 square feet, whichever is greater. Such
enlargement may occur only once.
[Amended 5-20-2014 ATM by Art. 22]
H.
Application. The provisions of this section are not
intended to repeal, amend, negate, annul or interfere with any lawfully
adopted bylaws, regulations or rules. However, where this section
imposes greater restrictions, the provisions of this section shall
govern.
I.
Severalty. The invalidity, unconstitutionality or
illegality of any provision of this section shall not have any effect
upon the validity, constitutionality or legality of any other provisions
of this section.
[Added STM 11-21-1991 by Art. 15]
A.
Purpose. The purpose of this regulation is to allow
for the creation of lots for single-family dwelling units only, with
less than the required frontage, in exchange for increased lot area,
for the purposes of preserving open space and decreasing developmental
density in given areas.
B.
Permitted use. The Planning Board may issue a special
permit with site plan approval for the creation of an estate lot for
single-family dwelling units only, with reduced frontage within any
zoning district which authorizes single-family dwelling units, provided
that the following requirements are complied with:
(1)
Estate lots shall be created from one lot which conforms
to all the provisions of this chapter, except the frontage requirements
for a standard lot. No more than two estate lots may be created from
an existing lot or parcel of property.
(2)
No lot eligible for estate lot development shall be subsequently subdivided except as provided in Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick.
(3)
An estate lot shall be used for single-family purposes
only.
(4)
An estate lot shall have a minimum area of five acres,
excluding the access strip.
(5)
An estate lot shall have a minimum frontage of not
less than 50 feet and an access width of not less than 50 feet from
the front lot line to the principal structure. The front lot shall
meet all of the zoning dimensional requirements required in the zoning
district in which the lot is located.
(6)
No subdivision of land will be allowed for the creation
of estate lots which will create or constitute only estate lots in
the subdivision.
(7)
No estate lot shall be created, and no special permit shall be granted hereunder for such an estate lot, which is within 200 feet of another estate lot in a Residence Zone R-40 (Article IV, § 185-12) or within 150 feet of another estate lot in a Residence Zone R-20 (Article IV, § 185-13), except as may otherwise be specifically permitted elsewhere in this chapter. Such distances shall be measured along the frontage of the property, on the same side of the street upon which the property is located.
(8)
The width of the estate lot where the single-family
dwelling is to be constructed and erected shall equal or exceed the
distance normally required for frontage in that zoning district.
(9)
All building front, back and side setback lines shall
be at least 75 feet from any lot line.
(10)
If more than one estate lot is to be created
within any given parcel of land, such parcel must have a minimum area
of 12 acres, excluding the access strips.
(11)
At no time will an estate lot be allowed to
be created, nor will a special permit be issued hereunder, which creates
an adjacent substandard lot which does not meet all the zoning dimensional
requirements of the zoning district in which such lot is located.
(12)
The grade, length and location of access driveways
shall be constructed and maintained to provide:
(a)
Adequate access and turnaround for police, fire
and emergency vehicles, year round.
(b)
A width of at least 15 feet with provision for
adequate drainage and drainage culverts where necessary.
(c)
A maximum grade of 9%.
(d)
A distance of no closer than 15 feet to any
abutting property line.
(e)
No parking areas or structures shall be allowed
in the access strip.
(f)
Approval of the access driveways by the Highway
and Fire Departments shall be required to be obtained.
(g)
A hardened stabilized access drive.
(h)
Common driveways must be constructed in the approved access
strip.
[Added ATM 5-19-2015 by
Art. 23]
(13)
There shall be maintained or kept a naturally
occurring or a planted vegetated buffer zone between any estate lot
and any front lot sufficient to provide privacy between the two lots.
(14)
The plan for any such estate lot shall include
a statement thereon that "Lot is an estate lot; building thereon is
permitted only in accordance with the special permit estate lot provisions
of the Zoning Bylaws of the Town of Southwick."
(16)
A copy of the plan for an estate lot shall be
included as part of any application for a building permit. A building
permit for an estate lot shall be issued only after a survey plan
has been endorsed by the Planning Board and other boards as deemed
appropriate by the Planning Board.
[Added STM 11-21-1991 by Art. 13; amended ATM 5-18-1999 by Art. 20;
STM 10-15-2002 by Art. 7; ATM 5-15-2007 by Art. 26]
A.
Purpose. The purpose of the Wellhead Protection District
shall be to promote the health, safety and welfare of Southwick and
neighboring communities by protecting and preserving the surface and
ground water resources located in Southwick for any use of land and/or
buildings which may reduce the quality or quantity of the public drinking
water supply.
B.
AQUIFER
GROUNDWATER
HAZARDOUS WASTE or HAZARDOUS MATERIAL
IMPERVIOUS SURFACES
LEACHABLE WASTES
PRIMARY AQUIFER RECHARGE AREA
TRUCK TERMINAL
WASTEWATER TREATMENT WORKS SUBJECT TO 314 CMR 5.00
WATERSHED
WELLHEAD PROTECTION DISTRICT
ZONE I
ZONE II
Definitions.
A geological formation composed of rock or sand and gravel
that contains significant amounts of potentially recoverable potable
water.
All water found beneath the surface of the ground.
Any material or waste which is potentially hazardous to human
health or to the environment, including, but not limited to, such
hazardous wastes and materials which have been designated as such
by the United States Environmental Protection Agency under 40 CFR
250, as amended, or which have been designated as such under regulations
promulgated pursuant to the Massachusetts Hazardous Waste Management
Act, Massachusetts General Laws, Chapter 21C and 310 CMR 30.00, as
amended.
Materials or structures on or above the ground that do not
allow precipitation to infiltrate the underlying soil.
Waste materials, including solid wastes, sludge and pesticide
and fertilizer wastes, capable of releasing waterborne contaminant
to the environment.
Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of public water supply wells. These areas are also designated as Zone I and Zone II areas under regulations promulgated by the Massachusetts Department of Environmental Protection as shown on the Wellhead Protection District Map referred to in Article III, § 185-5E, of this chapter.
A business which services or repairs commercial trucks which
are not owned by the business.
Any wastewater treatment plant or works, including community
septic systems, which require a permit from the Massachusetts Department
of Environmental Protection.
Lands lying adjacent to watercourses and surface water bodies
which create the catchment or drainage areas of such water courses
and bodies.
An overlay district that is superimposed on the other districts
established by this chapter. It includes all lands within the Town
of Southwick lying within the primary aquifer recharge area of groundwater
aquifers which now or may in future provide public water supply.
That circle of a four-hundred-foot radius extending around
the wellhead of a drinking water well, with the wellhead at its center
and including all land within the boundaries of said circle.
That area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can realistically
be anticipated (180 days of pumping at a safe yield with no recharge
from precipitation). It is bounded by groundwater divides which result
from pumping the well and by the contact of the aquifer with less
permeable materials such as till or bedrock. In some cases, streams
or lakes may act as recharge boundaries. In all cases, Zone II shall
extend up gradient to its point of intersection with prevailing hydrogeologic
boundaries (a groundwater flow divide, a contact with till or bedrock,
or a recharge boundary).
C.
Scope of authority. The Wellhead Protection District
is an overlay district and shall be superimposed on the other districts
established by this chapter. All regulations of the Town of Southwick
Zoning Bylaw applicable to such underlying districts shall remain
in effect, except that where the Wellhead Protection District imposes
additional regulations, such regulations shall prevail.
D.
District delineation.
(1)
The Wellhead Protection District is herein established to include all lands within the Town of Southwick lying within the primary aquifer recharge area of groundwater aquifers which now or may in future provide public water supply. The map entitled "Town of Southwick, Commonwealth of Massachusetts, Wellhead Protection District," dated March 26, 2007, referenced in Article III, § 185-5E, of this chapter which is on file with the Town Clerk, delineates the boundaries of the district.
(2)
Where the bounds delineated are in doubt or in dispute,
the burden of proof shall be upon the owner(s) of the land in question
to show where they should properly be located. At the request of the
owner(s), the Town may engage a professional hydrogeologist to determine
more accurately the location and extent of an aquifer or primary aquifer
recharge area, and may charge the owner(s) for all or part of the
cost of the investigation.
E.
Permitted uses. The following uses are permitted within the Wellhead Protection District, provided that they comply with all the applicable restrictions in this bylaw, including but not limited to Subsections F through J, and provided that all necessary permits or approvals required by local, state or federal law are also obtained. Underground storage tanks related to these activities are not categorically permitted:
(1)
Single-family residences;
(2)
Residential accessory uses, including garages, driveways,
private roads, utility rights-of-way and on-site wastewater disposal
systems;
(3)
Foot, bicycle and/or horse paths and bridges;
(4)
Normal operation and maintenance of existing water
bodies and dams, splash boards, and other water control, supply and
conservation devices;
(5)
Maintenance, repair, and enlargement of any existing
structure;
(6)
Conservation of soil, water, plants and wildlife;
(7)
Farming, gardening, nursery, conservation, forestry,
harvesting and grazing;
(8)
Outdoor recreation, nature study, boating, fishing
and hunting where otherwise legally permitted;
(9)
Construction, maintenance, repair, and enlargement
of drinking water supply related facilities such as, but not limited
to, wells, pipelines, aqueducts and tunnels;
(10)
Day-care centers, family day-care homes and
school age child care programs;
(11)
Structures for educational and religious purposes.
F.
Prohibited uses.
(1)
Business or industrial uses, or facilities which generate,
treat, store or dispose of hazardous materials or wastes including,
but not limited to, metal plating, chemical manufacturing, wood preserving,
furniture stripping, dry cleaning, metal fabrication or manufacturing,
foundries, petroleum refining, photographic processing, leather tanning,
electrical circuit manufacturing, degreasing operations, plastics
processing, fuel oil sales and auto body repair, or which involve
on-site disposal of process waste waters, except for the following:
(a)
Very small quantity generators as defined under
310 CMR 30.000 as amended, which generate less than 20 kilograms or
six gallons of hazardous waste per month may be allowed by special
permit in accordance with Subsection J;
(b)
Household hazardous waste centers and events
under 310 CMR 30.390;
(c)
Waste oil retention facilities required by MGL
c. 21, § 52A;
(d)
Treatment works for remediation of contaminated
water supplies, which are approved by the Department of Environmental
Protection and designed in accordance with 314 CMR 5.00, as amended.
(2)
Trucking terminals, motor vehicle gasoline sales,
motor vehicle and boat service and repair shops, tractor-trailer cab
and trailer storage, car washes, automotive body and repair shops.
(3)
Solid waste landfills, dumps, auto recycling, junk
and salvage yards, landfilling or storage of sludge and septage. Transfer
waste stations operated by the Town of Southwick are specifically
exempted herefrom.
(4)
Petroleum, fuel oil, and heating oil bulk stations
and terminals including, but not limited to, those listed under Standard
Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are
established by the U.S. Office of Management and Budget and may be
determined by referring to the publication, Standard Industrial Classification
Manual, and any subsequent amendments thereto.
(5)
Storage of liquid petroleum products and/or liquid
hazardous materials, as defined in MGL c. 21 E, except for the following:
(a)
Storage which is incidental to:
[1]
Normal household use, outdoor maintenance, or
heating of a structure;
[2]
Emergency generators required by statute, rule
or regulation;
[3]
Waste oil retention facilities required by statute,
rule or regulation;
[4]
Treatment works approved by the Massachusetts
Department of Environmental Protection designed in accordance with
314 CMR 5.00 for treatment of contaminated ground or surface waters,
provided that such storage shall be in a freestanding container, located
on an impervious surface within a structure, or within the basement
of a structure, with secondary containment adequate to contain a spill
110% of the container(s) total storage capacity. The storage tank
and piping must comply with all applicable provisions of 527 CMR 9.00,
the Massachusetts Board of Fire Prevention regulations;
(b)
Replacement of storage tanks or systems for
gasoline, which existed at the time of the adoption of this bylaw,
provided that:
[1]
All such replacement gasoline storage tanks
or systems shall be located underground as required by Massachusetts
Board of Fire Prevention regulation 527 CMR 9;
[2]
All such storage systems shall be protected
by one of the secondary containment systems specified in Massachusetts
Board of Fire Prevention regulations 527 CMR 9;
[3]
The head of the Fire Department may deny an
application for tank replacement, or approve it subject to conditions
if he or she determines that it constitutes a danger to public or
private water supplies.
(c)
Replacement of all other storage tanks for liquid
petroleum products other than gasoline must be above ground.
(6)
Outdoor storage of pesticides or herbicides;
(7)
Storage of de-icing chemicals unless such storage,
including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate;
(8)
Storage of animal manure, unless such storage is within
a structure designed to prevent the generation and escape of contaminated
runoff and leachate;
(9)
Dumping or disposal of any hazardous material or hazardous
waste on the ground, in water bodies, in septic systems, or in other
drainage systems. This shall include septic system cleaners which
contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane;
(10)
Wastewater treatment works subject to a groundwater
discharge permit under 314 CMR 5.00, except the following:
(a)
The replacement or repair of all existing treatment
works that will not result in a design capacity greater than the design
capacity of the existing treatment works;
(b)
Treatment works approved by the Department of
Environmental Protection designed for the treatment of contaminated
ground or surface water and operating in compliance with 314 CMR 5.05(3)
or 5.05(13);
(c)
Publicly owned treatment works.
(11)
Stockpiling and disposal of snow and ice containing
de-icing chemicals brought in from outside the district;
(12)
Storage of commercial fertilizers, as defined
in MGL c. 128, § 64, unless such storage is within a structure
designed to prevent the generation and escape of contaminated runoff
or leachate;
(13)
Residential, commercial and industrial uses
within Zone I of any municipal water supply well. Only water supply
activities are allowed within Zone I.
(14)
Multifamily residential uses which are not served
by the municipal sewer system.
G.
Performance standards. All uses, whether allowed by
special permit or by right, must meet the performance standards herein:
(1)
Sodium chloride for ice control shall be used at the
minimum salt to sand ratio which is consistent with the public highway
safety requirements, and its use shall be eliminated on roads closed
to the public in winter.
(2)
Storage areas for road de-icing chemicals shall be
covered and be located on a paved surface, with berms to prevent runoff
from leaving the site.
(3)
Above ground storage tanks for oil, gasoline or other
petroleum products shall be placed in a building on a diked, impermeable
surface sufficient to contain 1 1/2 the volume of the tank to
prevent spills or leaks from reaching groundwater.
(4)
In accordance with the State Plumbing Code, all vehicle
maintenance facilities must have floor drains, unless they receive
a variance from the State Plumbing Board, which must be connected
to a municipal sewer system or to a state holding tank in unsewered
areas. All other facilities which use, store, maintain hazardous materials
or wastes must, with state approval, seal floor drains or connect
them to a sewer system or holding tank.
(5)
For commercial, residential and industrial uses, to
the extent feasible, all runoff from impervious surfaces shall be
recharged on the site by stormwater infiltration basins, infiltration
trenches or similar systems covered with vegetation. Such runoff shall
not be discharged directly to rivers, streams, or other surface water
bodies. Dry wells shall be used only when other methods are unfeasible,
and for commercial and industrial uses a permit is required from the
Massachusetts Department of Environmental Protection. All such basins
and wells shall be preceded by oil, grease and sediment traps to facilitate
removal of contamination. All recharge areas shall be permanently
maintained in full working order by the owner. Infiltration systems
greater than three feet deep shall be located at least 100 feet from
drinking water wells, and shall be situated at least 10 feet down
gradient and 100 feet up gradient from buildings to avoid seepage
problems. Infiltration basins and trenches shall be constructed with
a three-foot minimum separation between the bottom of the structure
and the maximum groundwater elevation.
H.
Area regulations. Within the Wellhead Protection District
the minimum allowable lot size shall be 60,000 square feet in areas
not served by municipal or quasi-public sewage treatment plants, except
for Flexible Residential Developments, where the minimum lot size
shall be 40,000 square feet in compliance with the standards in Table
1 of this chapter.[1] A Flexible Residential Development may occur within the primary recharge area, provided that no development occurs within the Zone I area designated for any public well. All aspects of any such Flexible Residential Development Overlay Zone (FRD) Bylaw, § 185-23, relative to health and environmental impact which may be hereinafter enacted by the Town of Southwick must be met before any FRD development is to be allowed in the Wellhead Protection District.
[1]
Editor's Note: Table I is included at the end of this chapter.
I.
Special permit uses.
(1)
The following uses are permitted only upon the issuance
of a special permit by the Planning Board under such conditions as
they may require:
(a)
Commercial and industrial uses not prohibited in § 185-22F which are allowed in the underlying district;
(b)
Enlargement, intensification or alteration of
existing uses that do not conform to the Wellhead Protection District;
(c)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying district (except as prohibited under Subsection F). Such activities shall require a special permit to prevent contaminating groundwater;
(d)
Any use that will render impervious more than
15% or 2,500 square feet of any lot, whichever is greater. A system
for artificial groundwater recharge of precipitation must be provided
which shall be by storm water infiltration basins or similar systems
covered with natural vegetation, and dry wells shall be used only
where other methods are unfeasible. For all nonresidential uses, all
such basins and wells shall be preceded by oil, grease, and sediment
traps to facilitate removal of contamination. Any and all recharge
areas shall be permanently maintained in full working order by the
owner.
(e)
Excavation for removal of earth, sand, gravel
and other soils, which shall not extend closer than 10 feet above
the annual high groundwater table. A monitoring well shall be installed
by the property owner to verify groundwater elevations. This section
shall not apply to excavations incidental to permitted uses, including
but not limited to providing for the installation or maintenance of
structural foundations, utility conduits or on-site sewage disposal.
This section shall apply to all commercial earth removal operations,
including extensions of existing operations.
[1]
Access road(s) to extractive operation sites
shall include a gate or other secure mechanism to restrict public
access to the site.
[2]
Within 45 days after earth removal is completed,
the land shall be restored and stabilized with topsoil and plantings
of trees and natural vegetation. All fine materials such as clays
and silts shall be disposed of off-site to prevent damage to aquifer
recharge characteristics.
(2)
Requirements for a special permit in the Wellhead Protection District. The applicant shall file six copies of a site plan prepared by a qualified professional with the Planning Board. The site plan shall at a minimum include the information required under Article VI, § 185-37, of this chapter as well as the following information where pertinent.
(a)
A complete list of chemicals, pesticides, herbicides,
fertilizers, potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use.
(b)
Those businesses using or storing such hazardous
materials shall file a hazardous materials management plan with the
Planning Board, Fire Department, Police Department and Board of Health
which shall include:
[1]
Provisions to protect against the discharge
of petroleum products, hazardous materials or wastes to the environment
due to spillage, accidental damage, corrosion, leakage or vandalism,
including spill containment and clean-up procedures.
[2]
Provisions for indoor, secured storage of hazardous
materials and wastes with impervious floor surfaces.
[3]
Evidence of compliance with the regulations
of the Hazardous Waste Management Act, 310 CMR 30, including obtaining
an Environmental Protection Agency (EPA) identification number from
the Massachusetts Department of Environmental Protection.
(c)
Drainage recharge features and provisions to
prevent loss of recharge.
(d)
Provisions to control soil erosion and sedimentation
and soil compaction, and to prevent seepage from sewer pipes.
(e)
Proposed down gradient locations for groundwater
monitoring well(s), should the Planning Board deem the activity a
potential groundwater threat.
(3)
Additional procedures for a special permit in the
Wellhead Protection District.
(a)
The Planning Board shall follow all special
permit procedures specified in Massachusetts General Laws, Chapter
40A, and in this chapter.
(b)
The Planning Board may grant the requested special
permit only upon finding that the proposed use meets the following
standards.
[1]
The proposed use must in no way, during construction
or thereafter, adversely affect the existing or potential quality
or quantity of water that is available in the Wellhead Protection
District; and
[2]
The proposed use must be designed to avoid substantial
disturbance of the soils, topography, characteristics of the site
to be developed.
(c)
The Planning Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Board's opinion, sufficiently detailed, definite and credible information to support position findings in relation to the standards given in Subsection I(3)(b) of this section.
(4)
Nonconforming use. Nonconforming uses which were lawfully
existing, begun or in receipt of a building or special permit prior
to the first publication of notice of public hearing for this chapter
may be continued. Such nonconforming uses may be extended or altered
only as permitted in these Zoning Bylaws and only if there is a finding
by the Planning Board pursuant hereto that such change does not increase
the danger of surface or ground water pollution from such use.
Flexible residential development (FRD) shall
be permitted in Residence Zone R-40, Residence Zone R-20, Residence
Zone R-20-A and Residence Zone R-20-B only upon issuance of a special
permit and site plan approval from the Planning Board as specified
in this chapter, and only in accordance with the additional requirements
set forth herein.
A.
General description. "Flexible residential development
(FRD)" shall mean a residential development of an area as a single
entity in which the houses or dwelling units are clustered together
into one or more groups on the lot or lots and separated from each
other and adjacent properties by permanently protected open space.
B.
Purposes. The purposes of flexible residential development
are to:
(1)
Allow for greater flexibility and creativity in the
design of residential subdivisions, provided that the overall density
of the development is no greater than what is normally allowed in
the district in which the flexible residential lot is to be located.
(2)
Encourage the permanent preservation of open space,
agricultural lands and other natural resources.
(3)
Maintain the traditional New England rural character
and land use pattern in which small villages contrast with open space
and farmlands.
(4)
Facilitate the construction and maintenance of streets,
utilities and public services in a more economical and efficient manner.
(5)
Encourage a less sprawling form of development that
consumes less open land.
(6)
Ensure that residential developments respect the natural
features of the land, including wetlands and watercourses, forests,
prime agricultural land, steep slopes, significant plants and wildlife,
historic sites, scenic areas and rural character, to the maximum extent
possible.
C.
Applicability.
(1)
Zoning district applicability. In the interest of
promoting the foregoing objectives, flexible residential development
(FRD) shall be permitted in Residence Zone R-40, Residence Zone R-20,
Residence Zone R-20-A and Residence Zone R-20-B only upon issuance
of a special permit and site plan approval from the Planning Board
as specified in this chapter, and only in accordance with the additional
requirements set forth herein. Such residential developments shall
be permitted in such zoning districts on lots of lesser dimension
than would otherwise be required within the zone if the conditions
and requirements of this section are met. The flexible residential
development (FRD) acts as a floating zone which can be applied anywhere
within said zoning districts unless otherwise restricted by the prohibitions
set forth in any overlay zoning district contained in this chapter.
(2)
Subdivision size. FRD special permits apply to proposals
for major residential developments only. "Major residential developments"
are developments of at least five dwelling units to be built within
five years on one parcel or on contiguous parcels under the same ownership,
or developments which seek to subdivide a parcel or parcels of property
containing five acres or more of land. Major residential developments
as herein defined shall be FRD developments and shall comply with
all of the conditions and requirements of the bylaws unless the applicant
can satisfy the Planning Board that a conventional residential development
better fulfills the objections and purposes of this chapter. Minor
residential developments which contain fewer than five acres of land
or which provide for fewer than five dwelling units may be either
conventional or FRD. In any event, all FRD developments shall require
a special permit and site plan approval from the Planning Board.
D.
BUILDABLE LAND
DESIGN REVIEW
ESTATE LOT
FLAG LOT
IMPERVIOUS SURFACES
OPEN SPACE
Definitions.
All land other than land with slopes greater than 25%; land other than land identified as wetlands in accordance with the Massachusetts Wetlands Protection Act (MGL C. 131, § 40) and the General Wetlands Protection Bylaw of the Town of Southwick (Chapter 182 of the Code of the Town of Southwick), as amended; and land within the Flood Hazard and Wetlands District of this chapter (Article IV, § 185-20).
The authority given the Planning Board under this chapter
that deals specifically with the aesthetic values of site design,
road layout, landscaping, lighting, building design, architecture
and signs.
A parcel of land, used for residential purposes, which has a minimum area of two acres and a minimum frontage of at least 40 feet. "Flag lots" must meet all the requirements set forth in Article IV, § 185-21, of this chapter, except that the location of access driveways shall be constructed and maintained to provide that they are at a distance no closer than 10 feet to any abutting lot or property line.
Materials or structures on or above the ground that do not
allow precipitation to infiltrate the underlying soil.
An area or areas which are not covered by impervious surfaces.
Required "open space" is based on the net site area; that is, the
total area of the parcel or parcels to be developed less the land
area used or to be used for rights-of-way, lots, easements and land
which is not buildable land. The minimum percentage of "open space"
required under this chapter is the percentage of net site area which
must be retained in open space provided for hereunder.
[Amended STM 9-13-1994 by Art. 2]
E.
Additional general requirements. The following standards
shall be used as additional requirements in the special permit and
site plan approval process for all flexible residential developments:
(1)
The development shall include only those residential
uses authorized in this chapter for the underlying zoning district
in which the land to be developed is located.
(2)
The minimum land required for a flexible residential
development shall be five acres and the parcel shall be held in single
ownership or control at the time of the application.
(3)
Each lot shall have adequate access on a public way
or a way which has been approved under the Subdivision Control Law,
MGL C. 41, § 81K et seq.
(4)
Each lot shall be of such size and shape to provide
a building site which shall be in harmony with the natural terrain
and other features of the land.
(5)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation, facilities, roadways, driveways and parking.
(6)
Each lot shall conform to the dimensional and density
requirements hereinafter set forth.
(7)
The site plan shall identify the location and extent
of all wetlands on the site as determined by the Conservation Commission
under the Massachusetts Wetlands Protection Act, MGL C. 131, § 40.
F.
Design requirements.
(1)
Lots shall be laid out and designed, to the greatest
extent feasible, to protect natural and historic resources. To accomplish
the foregoing, site design shall comply with the following regulations:
(a)
Open space. Whether or not the proposed development contains any of the natural resources described in Subsection F(1)(b) through (f) below, open space shall be retained in contiguous areas if possible. The amount of open space required under this chapter is as set forth in Table I, Dimensional and Density Requirements.[1] The natural resources described in Subsection F(1)(b) through (e) below may not be included in the required open space calculation.
[Amended STM 9-13-1994 by Art. 1]
[1]
Editor's Note: Table I is included at the end of this chapter.
(b)
Watercourses, lakes and ponds. All impervious
surfaces and all buildings shall be set back a minimum of 100 feet
from year-round watercourses, lakes and ponds.
(c)
Wetlands. All impervious surfaces and all buildings
shall be set back a minimum of 100 feet from any wetlands.
(d)
Floodplains. No buildings, impervious surfaces,
filling or grading shall be located in the fifty-year floodplain.
(e)
Steep slopes. No buildings or impervious surfaces
shall be constructed or maintained on slopes having a grade of 25%
or greater. An erosion control plan must be submitted for approval
to the Planning Board for construction on slopes having a grade of
between 8% and 24%.
(f)
Endangered species. No development shall occur
in the habitat areas of species listed as endangered, threatened or
of special concern by the Massachusetts Natural Heritage Program.
(2)
The following additional environmental protection
objectives shall be observed in site design to the greatest extent
feasible:
(a)
Prime farmland. Preserve land defined and mapped
as Class I or II prime farmland by the United States Soil Conservation
Service in Soil Survey of Hampden County, Massachusetts (September
1986) available for future agricultural use. Efforts shall be made
to continue farming on existing agricultural land of 10 contiguous
acres or more which is retained as open space within the development,
via lease or sale to farmers with agricultural deed restrictions.
(b)
Historic sites. Preserve historic and prehistoric
sites and their environs insofar as needed to protect the character
of the historic/prehistoric site.
(c)
Forests and trees. Preserve as much forest as
possible, especially along stream corridors where it serves as prime
wildlife habitat, and where it serves to screen the subdivision from
the road or adjacent developments; preserve existing large trees wherever
possible within the development.
(d)
Views and road frontage protection. Leave unblocked
or uninterrupted scenic views, roadways, rural corridors and vistas,
particularly as seen from public roads; maintain the visual integrity
of hilltops and ridgelines by siting development so that building
silhouettes will be below the ridgeline or hilltop, or, if the area
is heavily wooded, the building silhouettes will be at least 10 feet
lower than the average canopy height of trees on the ridge or hilltop.
G.
Additional utility and other requirements.
(1)
All structures built in a Residence Zone R-20-A and
in a Residence Zone R-20-B which require plumbing shall be connected
to a public sanitary sewer, if available, or to a communal septic
system at no expense to the municipality. All structures built in
a Residence Zone R-20 and in a Residence Zone R-40 which require plumbing
shall be connected to a public sanitary sewer, if available, or shall
be required to meet the requirements of Title V, 310 CMR 15.00 to
310 CMR 15.99, as amended, at no expense to the municipality.
(2)
For dwelling units to be served by an on-site communal
waste disposal system, the applicant shall submit a communal septic
system design prepared by a certified engineer and approved by the
Board of Health and a plan illustrating the location of water supply
wells with the special permit application. No communal septic system
serving the development shall exceed sewage flow of 2,000 gallons
per day. Communal septic systems shall be placed in the development
to maximize the distance between systems and shall be placed within
common areas rather than on individual lots. Maintenance of communal
septic systems shall be the responsibility of the community association
specified in this chapter. No FRD development shall be approved unless
the applicant can demonstrate to the satisfaction of the Planning
Board that the potential for groundwater pollution is no greater from
the proposed development than would be expected from a conventional
subdivision with single-family houses on lots meeting the normal lot
size requirements located on the same parcel. Where necessary, the
Planning Board may hire a professional engineer to analyze and certify
groundwater quality impacts and may charge the applicant for the cost
of such analysis.
(3)
Unless otherwise specified herein, a flexible residential development shall comply with all provisions of this chapter, with Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick, and with all the provisions of any overlay district provided under this chapter, as amended.
H.
Dimensional and density requirements.
(1)
A detached dwelling, or lawful accessory building,
may be constructed on a lot with an FRD development although such
lot has less area and frontage than normally required, as herein specified.
(2)
The maximum number of dwelling units permitted in
an FRD development shall be calculated based on the density and open
space requirements set forth in Table I.[2]
[2]
Editor's Note: Table I is included at the end of this chapter.
(3)
Under the supervision of the Conservation Commission
and in accordance with the provisions of the Wetlands Protection Act,
MGL C. 131, § 40, all wetlands shall be identified and their
area subtracted from the net developable acreage of the total parcel.
(4)
Prior to the issuance of a building permit on a lot
within the development, a percolation test or tests shall be conducted
under the supervision of the Board of Health, and a disposal works
construction permit shall be issued, all in conformity with Title
V, 310 CMR 15.00 to 310 CMR 15.99, as amended. Septic systems shall
be placed in the development to maximize the distance between systems.
(5)
Lot sizes shall be those specified in Table I.
(6)
In no instance shall a designated lot have frontage
of less than that specified in Table I.
(7)
All residential structures and accessory uses within
the development shall be set back from the boundaries of the development
by a buffer strip of at least 50 feet in width which shall include
trees and shall be kept in a natural or landscaped condition.
I.
Common open space requirements.
(1)
All land not devoted to buildings, impervious surfaces,
roads or other development shall be set aside as common land for recreation,
conservation or agricultural uses which preserve the land in essentially
its natural condition.
(2)
The total area of common open space shall equal or
exceed the minimums required in Table I.[3]
[3]
Editor's Note: Table I is included at the end of this chapter.
(3)
The following lands shall not be used to meet the
open space requirements:
(4)
Further subdivision of common open land or its use
for other than recreation, conservation or agriculture, except for
easements for underground utilities and septic systems, shall be prohibited.
Structures or buildings accessory to recreation, conservation or agricultural
uses may be erected but shall not exceed five-percent coverage of
such common open land.
J.
Common open space ownership.
(1)
All common open land shall be either:
(a)
Conveyed to a community association owned or
to be owned by the owners of lots within the development. If such
a community association is utilized, ownership thereof shall pass
with conveyances of the lots in perpetuity;
(b)
Conveyed to the Town, at no cost, and be accepted
by it for a park or open space use. Such conveyance shall be at the
option of the Town and shall require the approval of the voters at
a Town Meeting.
(c)
Conveyed to a farmer for conservation or agricultural
purposes as hereinafter defined, with agricultural preservation restrictions
approved by Town Counsel and the Planning Board. Agricultural purposes
may include agricultural operations devoted to the cultivation and
harvesting of crops, hay, flowers and trees and shrubs, livestock
grazing and the construction of fences necessary or appropriate in
connection therewith, provided that such activities are in accordance
with good woodland and agricultural management practices. Turf farming
may only be permitted if the farmer can satisfy the Planning Board
(with a study performed by a licensed engineer) that the extensive
use of fertilizers used in such farming will not contaminate the development's
wells with nitrate or any hazardous materials. It shall be the responsibility
of the community association or the nonprofit organization, as the
case may be, to examine possible nuisance impacts of such agricultural
operations on residences prior to the conveyance of title to any property
hereunder to a farmer. Whether or not a farmer owns or leases the
land, the farmer may be allowed to fence and post the land to prohibit
trespassing and other nuisances by the surrounding residents.
(2)
In the event that a community association shall be
established, it shall be a nonprofit, incorporated association requiring
membership of each lot owner within the FRD development. The community
association shall be responsible for the permanent maintenance of
all communal water and septic systems, common open space, recreational
and thoroughfare facilities. A community association agreement of
covenant shall be submitted with the special permit/site plan approval
application guaranteeing continuing maintenance of such common utilities,
land and facilities, and assessing each lot a share of maintenance
expenses. Such agreement shall be subject to the review and approval
of Town Counsel and the Planning Board, and shall be recorded in the
Hampden County Registry of Deeds as a condition of any special permit
issued hereunder. Such agreements or covenants shall provide that
in the event that the association fails to maintain the common open
land in reasonable order and condition in accordance with the agreement,
the Town may, after notice to the association and public hearing,
enter upon such land and maintain it in order to preserve the taxable
values of the properties within the development and to prevent the
common land from becoming a public nuisance. The covenants shall also
provide that the cost of such maintenance by the Town shall be assessed
ratably against the properties within the development.
(3)
In any case where such land is not conveyed to the
Town, a restriction enforceable by the Town shall be recorded to ensure
that such land shall be kept in an open or natural state and not be
built upon for residential use or developed for accessory uses such
as parking or roadways. Such restrictions shall further provide for
maintenance of the common land in a manner which will ensure its suitability
for its function, appearance, cleanliness and proper maintenance of
drainage, utilities and the like.
K.
Special permit application procedures.
(1)
Applicants for flexible residential developments shall
follow the special permit procedures and site approval plan procedures
and requirements set forth elsewhere in this chapter.
(2)
Applicants are required to submit four copies of a preliminary plan and a definitive plan for the entire tract to be considered for an FRD development, setting forth the information required for preliminary and definitive plans under Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick, as amended, whether or not all of the proposed development constitutes a subdivision as defined under the Subdivision Control Law.[4] An application for a special permit and site plan approval
shall be submitted with the preliminary plan, which shall meet all
of the requirements for an FRD development under this chapter. At
the option of the applicant, a definitive plan may be filed without
seeking prior approval of a preliminary plan, all in accordance with
said Subdivision Rules and Regulations. However, it is suggested that
preliminary plans be filed. The special permit application shall include
a description of all proposed dwelling units, amenities and other
information required hereunder, and a description of the proposed
ownership and use of open space.
[4]
Editor's Note: See MGL. C. 41, § 81K
et seq.
(3)
Applicants are required to submit four copies of an
environmental impact statement (EIS) to the Planning Board at the
time that the special permit application is filed. The EIS shall include
the following:
(a)
All information required by said Subdivision
Rules and Regulations for a subdivision-approval-required subdivision.
(b)
A detailed explanation of the applicant's proposals
for environmental protection.
(c)
An erosion control plan for development on slopes
with grades of between 8% and 24%.
(d)
A specific comparison of the impacts of a flexible
residential development plan to those that would result from conventional
development of the property, or if the application is for a conventional
development plan, the EIS should discuss the specific site characteristics
which make the conventional plan the best development option, given
the purpose and design guidelines for flexible residential development.
(4)
Applicants are required to file with the Planning
Board and the Board of Health development plans for proposed water
supply and sewage disposal at the site. Such submissions shall include
the supporting engineering reports for on-site water supply and sewage
disposal systems; and an analysis for impacts and costs if public
water and sewer systems are available for use at the site.
L.
Special permit review and decision.
(1)
Review.
(a)
Reviewing agencies. The Planning Board shall
submit copies of the special permit application and related documents
to the Board of Health, the Conservation Commission and, when applicable,
the Town Engineer, for an advisory opinion in accordance with MGL
C. 40A, § 11, to the extent applicable.
(b)
Criteria for review. In reviewing an application
for a special permit hereunder, the Planning Board shall consider
the following:
[1]
The degree to which the purposes of flexible
development are met: natural (and historic) resource protection as
delineated by the requirements of this chapter.
[2]
The degree of the development's impact on immediate
abutters and the surrounding neighborhood in comparison to the impacts
of a conventional subdivision plan.
[3]
Proposed use and management of the common open
space.
[4]
Incorporation of the encouraged design elements,
landscaping and buffering. The Planning Board is the Design Review
Board for this section.
(c)
Purpose of review. A special permit of an FRD is primarily an authorization of the use of lots which have less than the normal minimum area and dimensions; and a review to ensure that natural resources are adequately protected and adverse impacts of development are minimized. Subsequent approval by the Planning Board of such portions of the development as constitute a subdivision will be required as set forth in Chapter 315, the Subdivision Rules and Regulations, including approval of the street and utility systems. Issuance of a special permit for an FRD shall not, therefore, be deemed to either constitute subdivision approval under the Subdivision Rules and Regulations or to imply that such approval will be given.
(2)
Decision. The Planning Board shall approve the special
permit for flexible residential development or approve it with conditions
if it finds that the development plan on balance will better serve
the Town of Southwick and the neighborhood surrounding the development
than a development likely to occur without such approval.
(a)
Conditions. The Planning Board may set forth
conditions in its decision, including, but not limited to, the following:
[1]
Granting of a covenant or easement to ensure
that existing fields or pastures will be plowed or mowed periodically
with attention given to the requirements of existing animal and plant
species.
[2]
Granting of an easement providing and defining
rights of public access.
[3]
Designation of no-cut or limited clearing areas
on lots.
[4]
Measures to ensure the maintenance of scenic
views and vistas.
[5]
If the number of lots or dwelling units approved
is less than the basic development density calculated in accordance
with the Zoning Bylaws, the decision shall state whether there is
potential for a future increase in density, and if so, the conditions
under which such an increase would be approved.
[6]
Specific approval of the uses allowed in designated
open space and recreational areas, including the requirement that,
before construction of any recreational structures such as tennis
courts, swimming pools or accessory clubhouses, plans be submitted
to the Planning Board for site plan approval.
[7]
An alternative rate of development schedule.
[8]
Building setback or lot line dimension requirements
different from Table I[5] may be allowed to accommodate flag and estate lots as
authorized under this chapter.
[5]
Editor's Note: Table I is included at the end of this chapter.
[9]
Changes to site design to better protect natural
resources.
[10]
Density decreases below those
allowed for an FRD if the development as proposed would have a significant
adverse environmental impact.
[11]
Conditions for special permits
set forth elsewhere in this chapter.
(b)
Relation to subdivision approval. Planning Board
approval of a special permit for a flexible residential development
shall not be deemed an approval under the Subdivision Control Law.[6] Insofar as the development constitutes a subdivision, plans must be submitted, reviewed and approved in accordance with Chapter 315, the Subdivision Rules and Regulations of the Planning Board of the Town of Southwick. Whenever practical, the Planning Board shall hold a joint public hearing on the special permit and subdivision applications. At the discretion of the Planning Board up to 10% of the lots in a FRD may be flag lots. The access driveways to flag lots shall be separated from one another by a distance of at least 150 feet in Residence Zones R-20, R-20-A and R-20-B, and by at least 200 feet in a Residence Zone R-40.
[6]
Editor's Note: See MGL c. 41, § 81K
et seq.
[Added STM 11-18-1998 by Art. 12; amended STM 4-10-2001 by Art. 13;
ATM 5-15-2001 by Art. 19; STM 10-15-2002 by Arts.
4 and 10; ATM 5-17-2022 by Art. 20]
A.
Purpose. To promote the availability of wireless communications services
(WCS) in the Town while minimizing adverse impacts of each wireless
communications facility (WCF), individually and collectively, on the
environment, nearby properties, residential areas, viewsheds, and
on quality of experience, and to promote best practices to minimize
the proliferation of unsightly facilities.
B.
ANCILLARY EQUIPMENT
ANTENNA
BASE STATION
(1)
(2)
(3)
(4)
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
INTERIOR WIRELESS COMMUNICATIONS FACILITY (INTERIOR WCF)
MAJOR WIRELESS COMMUNICATIONS FACILITY (MAJOR WCF)
MINOR WIRELESS COMMUNICATIONS FACILITY (MINOR WCF)
(1)
(a)
(b)
(2)
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
PERSONAL WIRELESS SERVICES (PWS)
SATELLITE DISH
SMALL WIRELESS FACILITY (SWF)
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS SERVICE (WCS)
WIRELESS COMMUNICATIONS TOWER (WCT) or TOWER
Definitions.
All equipment necessary to the secure and successful operation
of a WCF, including, but not limited to, support structures, antennas,
transmitting, receiving, and combining equipment; equipment shelter
or cabinets containing radios and electronic equipment; transmission
cables, telephone lines and utility lines; and backup power source.
A device that contains electrical elements for the transmission
and/or reception of radio frequency communications.
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at
the time the relevant application is filed, supports or houses equipment
described in paragraphs (1) through (2) above that has been reviewed
and approved under the applicable zoning or other regulatory process,
even if the structure was not built for the sole or primary purpose
of providing such support.
The term does not include any structure that, at the time the
application is filed, does not support or house equipment described
in paragraphs (1) through (2) above.
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(Based on 47 CFR 1.6100)
|
Any request for modification of an existing tower or base
station that does not result in substantial change of the physical
dimensions of such tower or base station, involving:
Any tower or base station, provided that it is lawfully existing
at the time the application is filed with the Town of Southwick.
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(Based on 47 CFR 1.6100)
|
A minor WCF located entirely within a building or structure
that is occupied or used primarily for other purposes, but which may
include ancillary equipment not located within the building or structure,
provided that such facility and ancillary equipment are not visible
from any public way or abutting property.
Any WCF that is not a minor WCF, including, without limitation,
a WCF requiring a new tower.
Any WCF that is:
Installed on or in or attached on or to a building or lawfully
existing structure, including but not limited to, wireless communications
tower or pole or transmission tower, overhead cable, smokestack, steeple,
water tank or billboard, and ancillary equipment adjacent thereto;
and
Composed solely of antennas and ancillary equipment which do
not extend higher than 10 feet above the highest point of the building
or structure on which the WCF is installed.
To the extent that any tower or pole that was previously authorized
is replaced with a tower or pole that is substantially similar in
design and is not greater than the approved height, a WCF added to
or modified on that structure shall be deemed to be a minor WCF, provided
it does not defeat any required camouflage or concealment.
A WCF for the provision of personal wireless services.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services [47 USC § 332(c)].
Any antenna with a large surface area with similar dimensions
in height and width, such as parabolic and panel antennas, that is
used for satellite communications.
A facility that meets each of the following conditions:
The facility:
Is mounted on structures 50 feet or less in height including
their antennas [as defined by the FCC: an apparatus designed for the
purpose of emitting radiofrequency (RF) radiation, to be operated
or operating from a fixed location]; or
Is mounted on structures no more than 10% taller than other
adjacent structures; or
Does not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment (equipment, switches, wiring, cabling, power sources,
shelters or cabinets associated with an antenna, located at the same
fixed location as the antenna), is no more than three cubic feet in
volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
The facility does not require antenna structure registration
under FCC regulations; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards.
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(Based on 47 CFR 1.6002)
|
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
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Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes
in height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act (Section
6409 of the Middle Class Tax Relief Act and Job Creation Act of 2012,
codified at 47 U.S.C. § 1455).
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For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided however that this limitation
does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in (1) through
(4) above.
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(Based on 47 CFR § 1.6100)
|
An installation of equipment belonging to one party that
includes antennas, transmitters and/or receivers, other ancillary
equipment, structural supports, enclosures, and utilities, that uses
the radio frequency spectrum to communicate on one or more frequency
bands. When multiple wireless communications service providers occupy
a common location, each is operating a WCF. For convenience, the combined
use of one site for multiple WCFs may be referred to as a WCF, as
the context requires.
The provision of wireless communications capability to a
group of users by an entity that operates WCFs.
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or FCC-authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
C.
District delineation. WCFs are permissible in all zoning districts,
subject to the requirements of this bylaw.
D.
General requirements.
(1)
WCFs and WCTs shall be erected or installed in compliance with the provisions of this section. In all cases, except interior WCFs, a special permit is required from the Planning Board and a proposed new or modified WCF or WCT may also be subject to site plan review according to § 185-37 of this chapter. Any proposed modification of, or construction of, a new or replacement facility will be subject to a new application for a special permit, subject to certain exceptions for eligible facilities requests addressed herein.
(2)
A major WCF should be located to:
(a)
Have minimal visual and other impacts on the public and on its
neighbors.
(b)
Avoid being near active residential uses on nearby properties
to minimize the potential for adverse visual and other impacts to
neighbors, such as a looming effect, causing shadowing or reflections,
detracting from scenic or natural views, causing noise disturbances,
etc.
(c)
Be on business or industrial zoned land, when practicable, or
on other parcels not in residential use, or on large parcels in residential
use where the placement is remote from the view of the public and
residential neighbors.
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It shall be the burden of the applicant to make a substantial
showing that the proposed location of a major WCF is the location
that is most consistent with respect to the performance criteria in
this bylaw. Alternative locations considered by the applicant shall
be presented in the application for special permit, including alternative
site details; feasibility of each alternative site to address all
or part of the applicant's service objective; availability and/or
feasibility of using the alternative site; and the potential for the
alternative to have the least impact on the public and the site's
neighbors. The Planning Board may pursue additional alternatives at
its sole discretion and request the applicant evaluate any such alternatives.
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(3)
If a WCF or WCT is not substantially in commercial operation
for a period of one year, it shall be removed, and the site shall
be returned to its preexisting condition by the owner of the facility
and/or by the owner of the property within 180 days of written notice
by the Town. Site restoration under this clause shall be subject to
site plan review.
(4)
A major WCF shall not be approved unless the Planning Board
finds that one or more new or existing minor WCFs cannot address the
service needs of the WCS provider in Southwick.
(5)
All major and minor WCFs, including any towers, shall be suitably
screened/camouflaged/concealed to a sufficient degree to protect public
views and residential neighbors from objectionable views and prevent
degradation of the quality of visual experience of the area, including,
but not limited to: scenic views, historic architectural features,
neighborhood characteristics, and other ways the community experiences
the WCF. The Planning Board may require minor WCFs to be configured
with such materials or painted so as to blend in appearance to the
extent practicable with the building or structure upon which it is
installed.
(6)
Exemptions.
(a)
Amateur radio towers and antennas used in accordance with any
amateur radio service license that is issued by the Federal Communications
Commission are exempt from this section, subject to the following
requirements. Installations must be consistent with building codes
and zoning dimensional regulations, except, any radio tower, antenna
or other antenna support structure used for amateur radio communications
may be erected to a height not to exceed 80 feet without Planning
Board review, provided it shall not be used for any commercial purpose
and shall have a sufficient fall zone within the subject property,
as determined by the Building Inspector. For an amateur radio tower
or antenna greater than 80 feet height, an application shall be submitted
to the Planning Board for a height waiver. Upon a showing that a height
greater than 80 feet is required to achieve the purposes of the amateur
radio communications intended for the site and a sufficient fall zone
exists within the subject property, the Planning Board may waive the
eighty-foot limit and impose a greater limit. Any conditions imposed
by the Planning Board on an amateur radio tower or antenna shall be
consistent with the federal and state standards for minimum practicable
regulation of amateur radio facilities.
(b)
The Planning Board may waive special permit requirements, including
dimensional requirements, for towers and other WCFs to be used exclusively
for public safety and municipal communications.
(c)
Satellite dishes six feet or less across their broadest surface
dimension are subject only to site plan review and shall be situated
in such a manner that they are screened, preferably not being visible
from abutting streets. Freestanding dishes or antennas will 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 will be designed and/or installed to reduce
conspicuity and blend into its surroundings. Any satellite dish that
is protected by right under federal guidelines is exempt from this
section. Larger satellite dishes shall be treated as a major WCF under
the scope of this bylaw.
(d)
Interior WCFs are not subject to this bylaw unless they involve
other work that requires zoning approval.
E.
Application process. All special permit and site plan applications
for WCFs will be made and filed in compliance with the Southwick Planning
Board regulations. Such application will include six copies and a
searchable electronic copy (original with no scans) with the following
information submitted:
(1)
A set of engineered drawings with the customary sheets, typically
including:
(a)
A locus plan at a scale of one inch equals 40 feet that will
show all property lines, the exact location of the proposed structure(s),
streets, landscapes features, access, residential dwellings and neighborhoods
and all buildings within 500 feet of the facility or 300 feet of the
parcel, whichever is greater. Show radial distances as needed to demonstrate
compliance with applicable setbacks.
(b)
A detail plan of the proposed outdoor site development.
(c)
Elevation drawings and detail views of key elements.
(d)
Any other drawings the applicant determines to be helpful in
informing the Planning Board.
(2)
Photographs/drawings/renderings depicting views of the proposed
WCF from the site and nearby locations off the parcel, including views
from abutting streets and ways.
(3)
The following information prepared by one or more qualified
persons:
(a)
An application narrative describing the proposal and explaining
how it complies with applicable requirements in this bylaw, and if
a WCT is proposed, the technical, economic, environmental, zoning
and other reasons for the proposed location, height, and design.
(b)
If the applicant intends to assert that non-approval of the
requested special permit and/or site plan would constitute an effective
prohibition of personal wireless services under the Telecommunications
Act of 1996, the applicant shall include substantial evidence demonstrating:
[1]
How the proposed WCF is eligible for such consideration;
[2]
How there is a significant gap in service (coverage,
for example);
[3]
How there are no better alternatives available;
[4]
How a non-approval would effectively prohibit and,
if applicable, materially inhibit, the applicant's ability to
provide personal wireless services.
(c)
A technical confirmation that a proposed WCF complies with all
applicable federal and state regulations and standards.
(d)
A description of the capacity of a proposed WCF, including the
number and type of antennas that it can accommodate and the basis
for these calculations, including potential future co-locators.
(e)
A description of any noise the WCF will generate and demonstration
that it will not constitute a nuisance to neighboring uses.
(f)
Evidence that the proposed WCF complies with, or is exempt from:
[1]
Federal Aviation Administration (FAA), and Massachusetts
Aeronautics Commission obstruction hazard regulations (aeronautical
lights); and
[2]
Federal Communications Commission (FCC) and Massachusetts
Department of Public Health radio frequency energy emissions safety
regulations including all existing and planned emitters at the site.
(4)
The applicable filing fee, review fee, and advertising and mailing
fees.
(5)
If the applicant is not the owner of the property and/or mounting
structure, the owner(s) shall sign the application or provide a letter
of permission. The applicant shall also submit evidence of a signed
contract between the applicant and the property owner. If the owner
is the Town of Southwick, a lease agreement between the Town and the
applicant shall establish authorization from the Town.
If the applicant is not the holder of the FCC license(s) pertaining
to the WCF permit application, the applicant shall provide documentation
from licensee(s) that they have committed to utilizing the WCF if
it is approved.
(6)
A performance bond must be posted to the Town equivalent to
the cost of removing such towers and other WCFs at present day costs.
No building permit will be issued until the Town Treasurer receives
this bond.
(7)
If a tower or other WCF is on Town property, a certificate of
insurance for liability coverage in the amount of $1,000,000 must
be provided naming the Town of Southwick as additionally insured.
(8)
If a tower or other WCF is on Town property, an agreement shall
be made whereby the user indemnifies and holds the Town harmless against
any claims for injury or damage resulting from or arising out of the
use or occupancy of the Town owned property by the user.
(9)
Any application involving the re-use of an existing tower and
any change to equipment mounted thereupon shall be accompanied by
a stamped report by a structural engineer certifying to the suitability
of said re-use and change.
F.
Balloon/crane tests. For WCT applications, after submitting the application,
the applicant shall conduct a minimum of two balloon/crane tests at
the location of a proposed tower or antenna to show its height and
visibility. Such tests and subsequent submissions shall comply with
the following:
(1)
The tests shall be conducted no later than the Sunday before
the first day of the public hearing on the application.
(2)
Each test shall be advertised at the applicant's expense
in a newspaper of general circulation in Southwick at least one week
prior to each test.
(3)
At least one test shall be conducted on a weekday and one test
shall be conducted on a weekend day.
(4)
Written notice of the test shall be given to the owners of property
within 300 feet of the proposed property at least one week prior to
the test.
(5)
A photosimulation report from each balloon/crane test shall
be submitted by the applicant, with a description of report methodology,
existing and simulated view photos, and map of photo locations included
therein.
(6)
Photosimulation photographs shall be made with a focal length
equivalent to a reference 35 mm film "full-frame" camera equipped
with 50-55 mm focal length lens.
(7)
To improve efficiency, the Planning Board may delegate the coordination
of a balloon test to staff. The Planning Board and/or staff may impose
reasonable requirements, including on the height, size, shape, and
color of the balloon(s), as well as locations of special interest
and concern for photographing, even if there is low probability of
the WCT being visible there.
G.
Design guidelines. The following guidelines will be used when siting,
preparing plans for and constructing WCFs:
(1)
All towers will be designed to be constructed at the minimum
height necessary to accommodate the proposed use. The sharing of existing
structures, especially towers, by additional WCF operators is encouraged
when doing so does not substantially increase undesirable visual impacts,
such as by increasing the approved tower height to accommodate site-sharing.
Depending on the visual impacts of a proposed new tower, the Planning
Board may consider waiving the minimum-height-necessary requirement
and approving a height that provides additional space with minimal
increase in visual impact.
(2)
The setback of a tower from the property line of the lot on
which it is located to the center of the tower shall be greater than
or equal to 1 1/2 times the height of the tower, unless the Planning
Board determines in a written finding that a location closer to the
property line is advantageous because the proposed location minimizes
visual impacts without materially impacting the neighboring uses.
The Planning Board has the discretion to require a setback greater
than 1 1/2 times the height of the tower if it finds that the
increase is appropriate to reduce a material impact on neighboring
uses. In no case shall the setback be reduced to less than one times
the height to a residential property line with a neighboring residence
within 250 feet of the same point on the property line or be reduced
to less than 1/2 the height of the tower for all other situations.
(3)
No tower, or attachment to a tower, shall exceed 150 feet in
height as measured from ground level at the base of the tower, unless
as excepted herein.
(4)
All WCFs shall be sited in such a manner that the view of the
facility from the adjacent abutters, residential neighbors, and other
areas of Town shall be as limited as possible. All towers and satellite
dishes and/or antennas shall be painted or otherwise colored so they
will blend in with the landscape or have an appearance that is visually
compatible with the structure on which they are located.
(5)
WCTs will be designed to accommodate the maximum number of users
technologically practical, balanced against minimizing the visual
impacts of each tower. The intent of this requirement is to obtain
the best outcome for a given area within the community by limiting
the height of a new tower to that which is acceptable, potentially
requiring more than one, less objectionable, tower to serve the area.
(6)
WCF installations will be fenced to control access and will
be compatible with the scenic character of the Town and will not include
razor wire.
(7)
A sign providing twenty-four-hour contact information is required
at the entrance to a WCF compound. Safety signs, no trespassing signs
and other communications necessary for the safe operation of the WCFs
may be posted. No other signs or advertising may be posted. All signs
will conform to the Town of Southwick's Bylaws.
(8)
Night lighting of towers will be prohibited unless required
by the Federal Aviation Administration. Lighting will be limited to
that needed for emergencies and/or as required by the FAA. FAA lighting,
if required, shall employ red illumination at night (no white flashing
lights) with narrow vertical beam spreads as specified in FAA standards.
It is preferred that towers be at such heights and locations that
FAA lighting is not required.
(9)
There will be a minimum of one parking space at a WCF site,
to be used in connection with the maintenance of the site. Sites with
existing parking for multiple vehicles may be excused from having
a dedicated space. There shall be no storage of vehicles or other
equipment on the WCF site. There will be adequate access to the site
for emergency vehicles. The amount of impervious surface on the site
will be minimized and all stormwater run-off will be contained on
site.
(10)
When possible, municipal agencies will be allowed to attach
communications antennas to a WCT at the Town's expense, and to
use the WCT at no cost to the Town, provided the Town's use does
not interfere with or preclude the use of the WCT by the number of
WCFs anticipated in the approval of the WCT. Municipal communications
antennas will not be included in the calculation of tower height.
(11)
The applicant shall allow other carriers to lease space on a
WCT, provided such use does not interfere with the current use of
the WCT.
H.
Special permit and site plan review.
(1)
An application for a special permit for a WCF under this section
shall be approved or approved with conditions if the Planning Board
finds that the applicant has met the requirements set forth in this
bylaw.
(2)
An application for a special permit for a WCF under this bylaw
shall be denied if the Planning Board finds that the applicant has
failed to meet the requirements set forth in this section. A denial
shall be in writing and supported by reference to substantial evidence
in the documented record.
(3)
To approve an application for a special permit under this section,
the Planning Board shall judge in favor of the following findings,
noting any conditions necessary to satisfy the findings:
(a)
The proposed WCF does not materially detract from the purpose
and intent of this bylaw;
(b)
The proposed WCF has an acceptable degree of visual impact in
the context of the site and views of it, or has a degree of negative
visual impact that must be tolerated due to the demonstrated necessity
of the facility and a lack of less impactful alternatives, or alternatively,
that the benefits of the proposal outweigh the detriments;
(c)
The proposed WCF has been shown to be necessary to the effective
operation of the applicant's WCS in the Town of Southwick; and
I.
Monitoring and inspections.
(1)
If a wireless communications facility is determined to be in
violation of any of the provisions of the special permit and/or site
plan approval or any other applicable law or regulation, the Planning
Board shall cause written notice to be served by the Town on the operator
of the facility, the holder of the special permit and site plan approval,
and the owner of the land on which it is located.
(2)
The Building Inspector and/or the Planning Board may, upon reasonable
concern regarding compliance with specific performance requirements,
require the permittee(s) to respond with proof of compliance and may
engage the services of independent expert consultants at applicant's
expense to assess compliance or review the permittee's response.
Permittees must respond in a timely way (within 24 hours for an indicated
life-threatening emergency, otherwise 14 days for routine requests
for response). Failure to respond in good faith or to pay reasonable
fees for independent consultants may result in revocation of the special
permit by the Planning Board or the occupancy/use permit by the Building
Inspector, as applicable.
J.
Compliance and violations. Every WCF for which a special permit is
granted hereunder shall continue at all times to comply with the provisions
thereof and of the Town of Southwick Bylaws; and the holder of such
special permit shall comply with requirements of the Planning Board
in fulfillment of the provisions for monitoring herein.
K.
Small wireless facilities outside rights-of-way.
(1)
The purpose and intent of this bylaw section is to regulate
the installation of small wireless facilities (SWF) outside of rights-of-way
so as to respect the neighborhood characteristics in which they are
proposed, consistent with the purposes set forth in this bylaw and
with federal and state law.
(2)
All installations of SWFs outside of rights-of-way require a
special permit from the Planning Board. Federal requirements limit
the time in which SWF applications must be determined to be complete
and subsequently to be decided. This requires special treatment for
SWF applications.
(3)
The Planning Board shall adopt, and from time to time amend,
policies, rules, and regulations relative to the issuance of special
permits for SWFs under this section. A copy of the SWF policies, rules,
and regulations shall be on file with the Town Clerk. Such rules shall
prescribe the form, contents, style, and number for application forms,
the fees collectible with the applications, the process by which the
application will be reviewed, the design and location criteria for
approval, the time within which the Planning Board will issue a decision,
and requirements for recertification.
L.
Modifications and eligible facilities requests.
(1)
Any modifications to an already approved WCF not defined as an eligible facilities request in 47 USC § 1455 shall be made through the special permit/site plan review and approval process described above. Such modifications involving new permittees at existing permitted sites shall require an application for a new special permit. Such modifications of existing permitted facilities may be reviewed as an application for a special permit modification, if applicable. The foregoing applies also to eligible facilities requests, to the extent as outlined in Subsection L(2)(b) below and to the extent allowed by law.
(2)
Request for modification of eligible facilities.
(a)
Submission requirements.
[1]
Applications for an eligible facilities request
shall be filed with the Building Inspector. Applications shall contain
information in sufficient detail, including without limitation site
plans and drawings of existing and proposed conditions, to demonstrate
the proposed modifications satisfy the following requirements:
[a]
The currently operating WCF is constructed and
maintained in compliance with its existing permit(s), including but
not limited to its dimensions and appearance as permitted;
[b]
Such information as is necessary to demonstrate
that the modifications are within the limits established for eligible
facilities requests under federal law and such information as is necessary
to demonstrate compliance with applicable safety regulations including
without limitation, the existing permit to the extent it is not superseded
by federal law, building codes, noise and radio frequency energy exposure;
[2]
To render a determination on whether an application
is an eligible facilities request, the Building Inspector may require
the applicant to provide documentation or information only to the
extent reasonably related to determining whether the request meets
the requirements of an eligible facilities request. The Building Inspector
may not require an applicant asserting in writing that the application
is an eligible facilities request to submit any other documentation,
including but not limited to documentation intended to illustrate
the need for such WCF or to justify the business decision to modify
such WCF.
(b)
Review process.
[1]
The Building Inspector shall conduct an initial
review of the application to determine whether the application is
a bona fide eligible facilities request, and whether the application
is complete. The Building Inspector shall notify the applicant within
30 days of receipt of the application if the application is deemed
incomplete and/or whether the application is not an eligible facilities
request or requires the determination of the Planning Board as to
its eligibility. Such notice shall delineate all missing documents
or information.
[2]
If the Building Inspector determines that the facts
of the application require the judgment of the Planning Board to determine
whether an application is an eligible facilities request (such as
for interpreting whether a proposal qualitatively defeats the intent
of a previously approved camouflage design), the Building Inspector
shall timely refer the application to the Planning Board for an opinion
on whether the application qualifies as an eligible facilities request.
The Planning Board, or staff, if so delegated by the Planning Board,
shall respond in a timely manner, being cognizant of the sixty-day
federal shot clock for eligible facilities requests.
[3]
If the application is determined to be an eligible
facilities request, and otherwise complies with applicable safety
regulations, the Building Inspector may not deny and shall approve
the application, with such conditions as may be necessary to maintain
safety code compliance.
[4]
If the application is determined not to be an eligible
facilities request, the Building Inspector shall provide the applicant
with an explanation in writing.
(c)
Approval. Within 60 days of the filing of a bona fide eligible
facilities request, plus any time that may be excluded pursuant to
a tolling for incompleteness or by agreement between the applicant
and the Building Inspector, the Building Inspector shall complete
the statutory review under building, electrical and other relevant
safety codes. If the bona fide eligible facilities request application
is deemed compliant under statutory review, the Building Inspector
must approve the application.
[Added ATM 5-21-2013 by Art. 20]
A.
Purpose. The purpose of this subsection of the Zoning Bylaw is to
establish appropriate criteria and standards for the placement, design,
construction, operation, monitoring, modification, removal and/or
repair of small scale and large scale, ground mounted, photovoltaic
systems. These standards will address public safety, minimize impact
on the scenic, natural, and historic resources and provide adequate
financial assurance for the eventual decommissioning of such systems.
B.
Applicability. This section applies to small scale and large scale,
ground mounted, photovoltaic systems proposed to be constructed after
the effective date of this section. This section also pertains to
physical modifications that materially alter the type, configuration,
or size of existing systems or related equipment. Building mounted,
photovoltaic systems are exempt from the provisions under this bylaw
but shall comply with the building code and obtain a building permit
from the Building Inspector.
C.
Location. Small scale and large scale, ground mounted, photovoltaic
systems shall be allowed in the districts identified in the table
below:
[Amended ATM 5-18-2021 by Art. 28]
|
Table 1
Solar Energy
Town of Southwick Table of Principal Uses
| |||||
|---|---|---|---|---|---|
|
Land Use Clarification
|
Standards & Conditions
|
ZONE
| |||
|
AC
|
R40
R20
R-20A
R-20B
|
B
BR
|
I
IR
| ||
|
Small Scale Ground Mounted Photovoltaic Systems
|
Consolidated less than 1,000 sq. ft.
|
Site Plan Review
|
Site Plan Review
|
Site Plan Review
|
Site Plan Review
|
|
Large Scale Ground Mounted Photovoltaic Systems
|
Consolidated 1,000 sq. ft. or greater
|
Not Allowed
|
Special Permit & Site Plan Approval**
|
Special Permit & Site Plan Approval
|
Special Permit & Site Plan Approval
|
|
NOTES:
|
|
** On a minimum of 20 acres
|
D.
APPURTENANT STRUCTURES
AS-OF-RIGHT SITING
BUILDING-MOUNTED PHOTOVOLTAIC SYSTEMS
CONTACT INFORMATION
LARGE SCALE, GROUND MOUNTED PHOTOVOLTAIC SYSTEM
PHOTOVOLTAIC (PV) INSTALLATION
SMALL SCALE, GROUND MOUNTED PHOTOVOLTAIC SYSTEM
TRANSMISSION LINES
Definitions for this section:
Adjacent or accessory structures.
As-of-right siting shall mean that development may proceed
without the need for review by the Planning Board.
A photovoltaic installation that is structurally mounted
on a building's footprint.
Any and all information necessary to make contact under both
normal and emergency conditions. This information shall include but
not be limited to: names, addresses, telephone and fax numbers, as
well as email addresses. This information shall be kept up to date.
A photovoltaic installation that is structurally mounted
on the ground and is 1,000 square feet or greater in consolidated
size of panels.
A series of components which use one or more panels to convert
sunlight into electricity including all appurtenant structures, wiring
and accessory use.
A photovoltaic installation that is structurally mounted
on the ground and is less than 1,000 square feet.
Those conductors and their necessary supporting or containing
structures which are located entirely outside of buildings and are
used for transmitting electrical energy which is not connected solely
to individual users/property owners who generate such electricity.
E.
General requirements.
(1)
Building mounted, photovoltaic systems are exempt from the provisions
under this bylaw and shall be consider as-of-right development. They
shall comply with the building code and obtain a building permit from
the Building Inspector.
(2)
No building permit, for construction, installation or modification shall be issued for a small scale, ground mounted, photovoltaic system without first submitting a plan of the proposed work to the Planning Board for site plan review in accordance with §§ 185-37 and 185-10 of this chapter and receiving site plan approval.
(3)
No building permit, for construction, installation or modification shall be issued for a large scale, ground mounted, photovoltaic system without first submitting a plan of the proposed work to the Planning Board for special permit and site plan approval in accordance with §§ 185-37, 185-9 and 185-10 of this chapter and receiving and obtaining site plan approval.
(4)
The construction and operation of all small scale and large
scale, ground mounted, photovoltaic systems and all appurtenant structures
shall be consistent with all applicable local, state and federal requirements
including but not limited to all safety, construction, electrical
and communications requirements. All buildings and fixtures forming
part of a small scale and large scale, ground mounted, photovoltaic
systems and all appurtenant structures shall be constructed in accordance
with the Building Code.
(5)
Building permits issued for the construction, alteration, enlargement
or demolition of small and large scale ground mounted, photovoltaic
system shall be subject to permit fees, as established by the Town
of Southwick. No building permit shall be deemed valid until such
fee is paid.
F.
Application process.
(1)
All applications for small scale and large scale, ground mounted,
photovoltaic systems will be made and filed in compliance with the
Southwick Planning Board rules and zoning bylaw regulations and accompanied
by fees as set by the Town.
(2)
All applications for large scale, ground mounted, photovoltaic systems will include six copies of a plan which include all requirements of § 185-10. In addition, the following documents are required specifically for large scale, ground mounted, photovoltaic systems.
(a)
Documentation of the major system components to be used, including
the photovoltaic panels, mounting system and inverter.
(b)
Contact information for the proposed system installer.
(c)
Contact information and signature of the project proponents
as well as all listing of photovoltaic systems components, if any,
and all property owners.
(d)
Contact information and signature of agents representing the
project proponents, if any.
(e)
Contact information and person(s) responsible for public inquiries
throughout the life of the system.
(f)
Blueprints of the photovoltaic systems showing the proposed
layout of the system and proposed shading for nearby structures, natural
features and landscaping.
(g)
Three lined electrical diagrams detailing the photovoltaic systems,
any associated components, and electrical interconnection methods,
with all National Electrical Code compliant disconnects and overcurrent
devices.
(h)
All plans and maps associated with large scale, ground mounted,
photovoltaic systems shall be prepared, stamped and signed by a professional
engineer licensed to practice in the Commonwealth of Massachusetts.
(i)
Documentation of actual or perspective access and control of
the project site sufficient to allow for construction and operation
of the proposed photovoltaic system.
(j)
An operations and maintenance plan which shall include measures
for maintaining safe access to system, storm water controls, and general
procedures for operational maintenance of the system and keeping system
on operation and in compliance with all governmental regulations.
(k)
Proof of liability insurance that meets the state requirements.
(m)
Utility notification. No large scale, ground mounted, photovoltaic
system shall be constructed until evidence has been given to the Planning
Board that the utility company that operates the electrical grid where
the system is to be located has been informed of the owners or operator's
intent to install an interconnected customer-owned generator. Off
grid systems shall be exempt from this requirement.
G.
Design standards.
(1)
Dimensional and density requirements. All construction of small
scale and large scale, ground mounted, photovoltaic systems and the
appurtenant structures shall comply with the yard space and height
requirements of the zoning districts in which the system is located
as per 185 Attachment 3 - Height, Area and Yard Requirements Chart,
Town of Southwick,[1] unless a more restrictive requirement is contained in
this Bylaw. In cases where the parcel is in a residential zone, or
abuts agricultural zones, residential zones, park land, or conservation
land, the setback shall be a minimum of 150 feet unless waived by
the Planning Board.
[Amended ATM 5-18-2021 by Art. 28]
[1]
Editor's Note: The Height, Area and Yard Requirements Chart is included as an attachment to this chapter.
(2)
Lighting. Lighting of the large scale, ground mounted, photovoltaic
systems and any appurtenant structure be directed downward and inwards
and shall incorporate full cut off fixtures to reduce light pollution.
Lighting shall be limited to that which is required for safety and
operational purposes and shall be shielded from abutting properties.
(3)
Signage. For large scale, ground mounted, photovoltaic systems
an Identification sign shall be no larger than two feet by two feet,
shall identify the owner and provide a 24 hour emergency contact phone
number. The sign shall be made visible from a right of way where the
property has frontage. Large scale, ground mounted, photovoltaic systems
shall not be used for displaying any advertising except for identification
of the manufacturer or operator of the system. All signs require a
building permit and will comply with the signage provisions in Southwick's
Zoning bylaw.
(4)
Utility connections. For large scale, ground mounted, photovoltaic
systems, reasonable efforts, as determined by the Planning Board shall
be made to place all utilities connections from the large scale, ground
mounted, photovoltaic systems 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.
(5)
Visibility. In any residential zone, a large scale, ground mounted,
photovoltaic system shall be designed and sited on the property in
such a way as to prevent its visibility from all other properties,
sidewalks and roadways at any time of year, including dense vegetation
and trees in any setbacks (with the sole exception of an access road
to the system).
[Added ATM 5-18-2021 by
Art. 28]
H.
Safety and environmental standards.
[Amended ATM 5-18-2021 by Art. 28]
(1)
Emergency services. The large scale, ground mounted, photovoltaic
systems' owner or operator shall provide a copy of the project summary,
electrical schematic, and site plan to local Fire Chief or the Chief's
designee. Upon request the owner or operator shall cooperate with
local emergency services in developing an emergency response plan.
All means of shutting down the large scale, ground mounted, photovoltaic
systems' shall be clearly marked.
(2)
Land clearing, soil erosion and habitat impact. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the small scale and/or large scale, ground
mounted, photovoltaic systems. Existing root structures and topsoil
shall be maintained to the maximum extent possible. Where removal
of naturally occurring vegetation such as trees and shrubs is planned,
the owner of the small scale and/or large scale, ground mounted, photovoltaic
systems must demonstrate that the removal of this vegetation is necessary,
and its presence adversely affects the performance and operation of
the solar installation.
(3)
Landscaping and landscape buffer strip. Except when Section
185-23.2(G)(5) shall apply, the small scale and/or large scale, ground
mounted, photovoltaic systems shall be designed and sited to minimize
its visibility, including preserving natural vegetation to the maximum
extent possible, blending in equipment with the surroundings, adding
vegetative buffers to provide an effective visual barrier from adjacent
roads and driveways, and from abutting dwellings. A landscaped buffer
strip is intended to provide, within five years of installation, a
visual barrier between the large scale, ground mounted, photovoltaic
systems and neighboring properties. Except for vehicular and pedestrian
passways and permitted signs, these areas shall be used only for an
interplanting of deciduous or evergreen trees, shrubs and other vegetative
ground cover that can be appropriately create a visual barrier.
The buffer must provide landscaping coverage as required by
the Planning Board. Where considered appropriate in the judgment of
the Planning Board walls and fences may be used in addition to or
in lieu of planting.
All structures (including appurtenant structures) shall have
a landscape plan. Vegetation screening shall reach a mature form to
effectively screen the installation within five years of installation.
A planting plan showing the types, sizes and locations of material
to be used shall be subject to the approval of the Planning Board.
The Planning Board may waive the requirements of the visual
barrier [but not Section 185-23.3(G)(5)] when it is deemed advisable.
I.
Waivers.
(1)
Except when prohibited herein, the Planning Board may waive
strict compliance with any requirement of this bylaw, or rules and
regulations promulgated hereunder, where:
[Amended ATM 5-18-2021 by Art. 28]
(2)
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this bylaw and why it is believed that the waiver meets the criteria in Subsection I(1).
(3)
All waiver requests shall be discussed at the public hearing
for the project.
(4)
If in the Planning Board's opinion, additional time or information
is required for review of a waiver request, the Board may continue
the hearing to a date announced at the meeting. In the event the applicant
objects to a continuance, or fails to provide requested information,
the waiver request shall be denied.
J.
Monitoring and maintenance.
(1)
Installation conditions. The small scale and large scale, ground
mounted, photovoltaic systems' owner or operator shall maintain the
facility in good condition and in compliance with all governmental
regulations. Maintenance shall include, but not limited to: planting,
structural reports and integrity of security measures. Site access
shall maintain to a level acceptable to the Planning Board, and Emergency
Management Services and the Department of Public Works.
The owner or operator shall be responsible for the cost of maintaining
the large scale, ground mounted, photovoltaic system and any access
roads unless accepted as a public way.
(2)
Modification conditions. Any material modifications to a small
scale or large scale, ground mounted, photovoltaic systems made after
issuance of the building permit shall require approval by the Planning
Board and repairs will require Planning Board approval.
K.
Abandonment or decommissioning.
(1)
Abandonment. Absent notices of decommissioning or written notice of extenuating services, a large scale, ground mounted, photovoltaic systems shall be considered abandoned when it fails to operate for a year or more without written consent of the Planning Board. If the owner or operator of the large scale, ground mounted, photovoltaic systems fails to remove the installation in accordance with the requirements of this section within 150 feet days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation utilizing the surety provided in Subsection L. If such funds are insufficient, any additional costs will be the responsibility of the systems owner and owner of property which system is on. Such extra cost shall constitute a lien where the system is located.
(2)
Removal requirements. Any large scale, ground mounted, photovoltaic systems which has reached the end of its useful life or has been abandoned consistent with Subsection K(1) of this bylaw 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 Planning Board by certified mail of the proposed date of discontinued operations and plan for removal.
Decommissioning shall consist of:
(a)
Physically removal of all large scale, ground mounted, photovoltaic
systems and all related structures, equipment, security barriers and
transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local and state regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion.
(d)
Return of land area to conditions prior to installation of photovoltaic
systems.
L.
Financial surety. The owner or operator of a proposed large scale,
ground mounted, photovoltaic systems project shall provide a form
of surety through an escrow account or bond, as determined by the
Town Treasurer, to cover the cost of removal in the event the Town
must remove the installation and remediate the landscape. The surety
account or bond will be managed by the Town Treasurers office.
The amount of financial surety will be determined to be released
to be reasonable by the Planning Board, but in no event to exceed
125% of the cost of removal and compliance with the additional requirements
set forth herein. The project owner or operator shall submit a fully
detailed and inclusive estimate for all costs associated with the
removal to the Planning Board. This estimate must be prepared by a
qualified engineer.
The amount shall include a mechanism for calculating increased
removal costs due to inflation and other causes of the life of the
system. Such surety will not be required for municipally or state
owned facilities.[2]
[2]
Editor’s Note: Former § 185-23.3, Temporary moratorium on the sale and distribution of recreational marijuana, added ATM 5-16-2017 by Art. 27, was repealed ATM 5-21-2019 by Art. 21. Former § 185-23.4, Temporary moratorium on registered marijuana dispensaries, added ATM 5-16-2017 by Art. 26, was repealed ATM 5-21-2019 by Art. 22. Said repealed sections immediately followed this § 185-23.2.
