It is the purpose of this article to establish a Lincoln Park
Smart Growth Overlay District and to encourage smart growth in accordance
with the purposes of MGL Chapter 40R, and to foster a range of housing
opportunities along with a mixed-use development component, to be
proposed in a distinctive and attractive site development program
that promotes compact design, preservation of open space, and a variety
of transportation options, including enhanced pedestrian access to
employment and nearby transportation systems. Other objectives of
this article are to:
A.
Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
B.
Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving municipal
character and diversity;
C.
Increase the production of a range of housing units to meet existing
and anticipated housing needs;
D.
Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
E.
Establish requirements, standards, and guidelines, and ensure predictable,
fair and cost-effective development review and permitting;
F.
Establish development standards to allow context-sensitive design
and creative site planning;
For purposes of this article, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth is this § 375-12.2 and the Enabling Laws, the terms of the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
Affordable Housing units created within the LPSGOD meeting the standards
set out in 760 CMR 45.03 shall count on the Subsidized Housing Inventory,
subject to the approval of the Massachusetts Department of Housing
and Community Development (DHCD).
An Affordable Housing unit required to be rented to an Eligible
Household.
Means a development of housing under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires approval pursuant to this Article 12 shall be considered an as-of-right Project.
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MGL Chapter 40R and 760 CMR 59.00.
Structure in which multifamily use is permitted as of right
with allowed commercial uses.
Dwelling containing four or more dwelling units.
The part or parts of land within the LPSGOD which are reserved
or restricted for permanent open space. This space shall exclude parking
areas and stormwater detention areas, but include required setbacks
and walkways. The Open Space shall be open and unobstructed to the
sky; however; trees, planting, arbors, flagpoles, sculptures, fountains,
swimming pools, atriums, outdoor recreational facilities, such items
as streetscape elements (lights, planters, benches, etc.), outdoor
areas devoted to dining, cafe or similar uses, and decorative surface
treatments for sidewalks and other hard surfaces (such as pavers,
cobblestones or concrete surface treatments designed to resemble pavers
or cobblestones), and similar objects shall not be considered obstructions.
No more than 50% of the total amount of required Open Space shall
be "wetland" as defined by the requirements of MGL Chapter 131, Section
40, and the Town's Wetland By-Law.[1]
Standards and criteria which a Project in the LPSGOD must
meet under the procedures established herein and in the Enabling Laws.
For purposes of reviewing Project applications and issuing
decisions on development Projects within the LPSGOD, the Plan Approval
Authority (PAA), consistent with MGL Chapter 40R and 760 CMR 59.00,
shall serve for a three-year term, and shall be composed of one member
of the Board of Selectmen, one member of the Planning Board, and one
member of the Zoning Board of Appeals, each member appointed by his
or her respective board. The PAA is authorized to approve a site plan
to implement a Project.
Active recreational uses, including but not limited to ballfields;
and passive recreational uses, including but not limited to walking
and bicycle paths. Amusements or motorized uses shall not be considered
eligible recreational uses.
Dwelling containing two or three dwelling units.
The Zoning By-law of the Town of Dartmouth.
A.
Establishment. The Lincoln Park Smart Growth Overlay District, hereinafter
referred to as the LPSGOD, is an overlay district having a land area
of approximately 40.7 acres in size, being Assessor's Map 152, Lots
4 and 5, and Map 51, Lots 1 and 26, that is superimposed over the
underlying zoning district, as shown on the Zoning Map as set forth
on the map entitled "Plan Showing Area to be Zoned as Lincoln Park
Smart Growth Overlay District" dated May 1, 2006. This map is hereby
made a part of the Zoning By-law and is on file in the Office of the
Town Clerk.
B.
Underlying zoning. The LPSGOD is an overlay district superimposed
on all underlying zoning districts. Where Plan Approval under the
LPSGOD varies uses or dimensional requirements otherwise set forth
in the Zoning By-Law, the terms and conditions of the LPSGOD shall
control.
In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the LPSGOD may seek Plan Approval in accordance with the requirements of this Article 12. In such case, then notwithstanding anything to the contrary in this Zoning By-law, such Plan Approval shall not be subject to any other provisions of this Zoning By-law, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations, including but not limited to any rate of development limitations provided in the Zoning By-law. When a building permit is issued for any Project approved in accordance with this Article 12, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to § 375-12.7 for such Project.
A.
Marketing plan. Prior to granting Plan Approval for housing within the LPSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to § 375-12.7, below, shall include details about construction related to the provision, within the Project, of units that are accessible to the disabled.
B.
Number of affordable housing units. Where Affordable Homeownership
Units are proposed, not less than 20% of housing units constructed
in a Project shall be Affordable Housing. Where Affordable Rental
Units are proposed, not less than 25% of housing units in any building
containing rental units shall be Affordable Housing. For purposes
of calculating the number of units of Affordable Housing required
within a Project, any fractional unit of 0.5 or greater shall be deemed
to constitute a whole unit.
C.
Requirements. Affordable Housing shall comply with the following
requirements:
(1)
For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an Eligible Household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
(2)
For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowner's association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an Eligible Household, assuming a family size equal to the number
of bedrooms in the unit plus one.
(3)
Affordable Housing required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
(4)
The LPSGOD shall not include the imposition of restrictions
on age upon the entire District, but the development of specific Projects
within the LPSGOD may be exclusively for the elderly, persons with
disabilities, or for assisted living, provided that any such Project
shall be in compliance with all applicable federal, state and local
fair housing laws and regulations.
D.
Design and construction. Units of Affordable Housing shall be finished
housing units. Units of Affordable Housing shall be dispersed throughout
the development of which they are part and be comparable in initial
construction, quality and exterior design to other housing units in
the development. The total number of bedrooms in the Affordable Housing
shall be proportionate to the total number of bedrooms in all the
units in the development of which the Affordable Housing is part.
E.
Affordable housing restriction. Each unit of Affordable Housing shall
be subject to an Affordable Housing Restriction which is recorded
with the appropriate registry of deeds or district registry of the
Land Court and which contains the following:
(1)
Specification of the term of the affordable housing restriction
which shall be the maximum period allowed by law but not less than
99 years;
(2)
The name and address of an administering agency with a designation
of its power to monitor and enforce the affordable housing restriction;
(3)
A description of the unit of Affordable Housing by address and
number of bedrooms;
(4)
Reference to a housing marketing and resident selection plan,
to which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The housing marketing and selection
plan may provide for preferences in resident selection to the extent
consistent with applicable law for the Affordable Housing Units; the
plan shall designate the household size appropriate for a unit with
respect to bedroom size and provide that the preference for such Unit
shall be given to a household of the appropriate size;
(5)
A requirement that residents will be selected at the initial
sale or initial rental and upon all subsequent sales and rentals from
a list of Eligible Households compiled in accordance with the housing
marketing and selection plan;
(6)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership will be set;
(7)
Designation of the priority of the Affordable Housing Restriction
over other mortgages and restrictions, provided that a first mortgage
of a Homeownership Housing Unit to a commercial lender in an amount
less than maximum resale price may have priority over the Affordable
Housing Restriction if required by then current practice of commercial
mortgage lenders.
(8)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease or sublease of any
unit of Affordable Housing shall be given to the administering agency;
(9)
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the administering
agency;
(10)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the administering agency and The Town of
Dartmouth, in a form approved by municipal counsel, and shall limit
initial sale and resale to and occupancy by an Eligible Household;
(11)
Provision that the restriction on an Affordable Rental Unit
shall run in favor of the administering agency and The Town of Dartmouth,
in a form approved by municipal counsel, and shall limit rental and
occupancy to an Eligible Household.
(12)
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the administering agency, in
a form specified by that agency certifying compliance with the Affordability
provisions of this Bylaw and containing such other information as
may be reasonably requested in order to ensure affordability;
(13)
A requirement that residents in Affordable Housing provide such
information as the administering agency may reasonably request in
order to ensure affordability.
F.
Administering agency. An administering agency which may be the Dartmouth
Housing Authority, or other qualified housing entity shall be designated
by the PAA. In a case where the administering agency cannot adequately
carry out its administrative duties, such duties shall devolve to
and thereafter be administered by a qualified housing entity designated
by the PAA or, in the absence of such timely designation, by an entity
designated by the DHCD. In any event, such agency shall ensure the
following:
(1)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed;
(2)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(3)
The housing marketing and resident selection plan conforms to
all requirements and is properly administered;
(4)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given;
(5)
Affordable Housing Restrictions meeting the requirements of
this article are recorded with the proper registry of deeds;
G.
Housing marketing and selection plan. The housing marketing and selection
plan may make provision for payment by the Project applicant of reasonable
costs to the administering agency to develop, advertise, and maintain
the list of Eligible Households and to monitor and enforce compliance
with affordability requirements. Such payment shall not exceed 1/2%
of the amount of rents of Affordable Rental Units (payable annually)
or 1% of the sale or resale prices of Affordable Homeownership Units
(payable upon each such sale or resale), as applicable.
H.
Phasing. For housing that is approved and developed in phases, the
proportion of Affordable Housing Units shall be consistent across
all phases.
I.
Computation. Prior to the granting of any Building Permit for the
housing component of a Project, the applicant for such building permit
must demonstrate, to the satisfaction of the PAA, that the method
by which such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to The Town of Dartmouth.
A.
Permitted uses. The following uses are permitted as of right in the
LPSGOD:
(1)
Subzone A: Multifamily Residential Use with a density of 20
dwelling units per acre;
(2)
Subzone B: Mixed Use Development, as set forth in 760 CMR 59.02,
in Subzone B. Commercial uses allowed in mixed-use structures are
those listed as available in Subzone C, below. Residential density
is 20 dwelling units per acre.
(3)
Subzone C: The following commercial uses only:
(a)
Retail sales (except adult uses are defined by MGL Chapter 40A,
Section 9A);
(b)
Restaurant.
(c)
Entertainment or recreation facility.
(d)
Professional or business office.
(e)
Office service such as travel or financial agency.
(f)
Retail service and associated repair shop.
(g)
Veterinary hospital.
(h)
Medical or dental office or clinic.
(i)
Barber shop, beauty parlor, or health spa.
(j)
Public or private club.
(k)
Hotel or motel.
(l)
Nursery or greenhouse for plant materials to be sold at retail
on premises.
(4)
All subzones:
(a)
Parking, including surface, garage-under, and structured parking
(e.g., parking garages) in all Subzones. "Surface parking areas" shall
include all areas devoted to parking other than structured or garaged
parking.
(b)
Open space and recreational uses.
(c)
Accessory uses customarily incidental to any of the above permitted
uses.
B.
Prohibited uses. All principal uses not expressly allowed are prohibited.
The following principal uses are expressly prohibited:
(1)
Landfills, open dumps, or the disposal of solid wastes, other
than brush and stumps.
(2)
Storage of liquid petroleum products, except for the following:
(a)
Normal household use, outdoor maintenance and heating of a structure;
(b)
Waste oil retention facilities required by statute, rule or
regulation;
(c)
Emergency generators; gas fuel (not oil) stored where feasible;
(d)
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that storage, listed in Subsection B(2)(a) through (d) above, is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
(3)
The disposal of liquid or leachable wastes, except for normal
sanitary wastes for allowed uses.
(4)
The landfilling or storage of sludge or septage. Except where
storage of sludge or septage is incidental to an allowed use, in which
case sludge or septage must be contained in water-tight containers
at least four feet above the historical high groundwater table elevation.
(5)
The use of septic system cleaners which contain toxic organic
chemicals.
(6)
Commercial or industrial uses which discharge process wastewater
on-site which contains contaminants other than normal organic wastes.
(7)
Storage of road salt and de-icing chemicals.
(8)
Use of chemicals for de-icing unless deemed necessary for public
safety.
(9)
Stockpiling and disposal of snow or ice from outside the LPSGOD
which contains de-icing chemicals.
(10)
The mining of land except as incidental to an allowed use.
(11)
Facilities that generate, treat, store or dispose of hazardous
waste subject to MGL Chapter 21C and 310 CMR 30.00, except the following:
(12)
Storage of liquid hazardous materials, as defined in MGL Chapter
21E, unless in a free-standing container within a building or above
ground with secondary containment adequate to contain a spill the
size of the container's total storage capacity.
(13)
Automotive service and repair shops, automobile graveyards,
junk and salvage yards; small engine repair, repair of boats.
(14)
The storage of animal manure, unless such storage is covered
or contained.
(15)
The storage of commercial fertilizers, soil conditioners, herbicides,
or pesticides unless such storage is within a structure designed to
prevent the generation and escape of contaminated runoff or leachate.
A.
Pre-application.
(1)
Prior to the submittal of a site plan, a "Concept Plan" may
be submitted to help guide the development of the definitive site
plan for Project buildout and individual elements thereof. Such Concept
Plan should reflect the following:
(2)
The Concept Plan is intended to be used as a tool for both the
applicant and the PAA to ensure that the proposed Project design will
be consistent with the Design Standards and Guidelines and the other
requirements of the LPSGOD.
B.
Application. An application for Plan Approval shall be submitted
to the PAA on the form provided by the PAA, along with an application
fee of $1,500 to cover administrative costs. An application shall
show the proposed buildout of the entire Project, whether the Project
will be phased or not.
C.
Required submittals. The application for Plan Approval shall be accompanied
by the following plans and documents. All site plans shall be prepared
by a certified architect, landscape architect, and/or a civil engineer
registered in the Commonwealth of Massachusetts. All landscape plans
shall be prepared by a certified landscape architect registered in
the Commonwealth of Massachusetts. All building elevations shall be
prepared by a certified architect registered in the Commonwealth of
Massachusetts.
(1)
All plans shall be signed and stamped, and drawings prepared
at an appropriate scale of at least one inch equals 40 feet, or at
a scale as approved in advance by the PAA, and shall show the following.
(a)
The perimeter dimensions of the lot; Assessors Map, lot and
block numbers.
(b)
All existing and proposed buildings, structures, building setbacks,
parking spaces, driveway openings, distance between buildings, plan
view exterior measurements of individual buildings, driveways, service
areas and open areas.
(c)
Internal roads, sidewalks and parking areas (width dimensions
of paving and indication of number of parking spaces).
(d)
All facilities for sewage, refuse and other waste disposal and
for surface water drainage.
(e)
Landscaping plan, showing all proposed landscaping features,
such as fences, walls, planting areas and walks on the lot and tract,
with types, quantities, and sizes of proposed plantings.
(f)
Existing major natural features, including streams, wetlands
and all trees six inches or larger in caliper (caliper is girth of
the tree at approximately waist height).
(g)
Scale and North arrow (minimum scale of one inch equals 40 feet).
(h)
Total site area in square footage and acres and area to be set
aside as public open space, if appropriate.
(i)
Percentage of lot coverage (including the percentage of the
lot covered by buildings) and percentage of open space, if appropriate.
(j)
A marketing plan showing the proposed residential density in
terms of dwelling units per acre and types of proposed commercial
uses in terms of the respective floor area, and recreation areas,
and number of units proposed by type: number of one bedroom units,
two-bedroom units, etc., if appropriate.
(k)
Location sketch map (indicate surrounding streets and properties
and any additional abutting lands owned by the applicant).
(l)
Representative elevation sketches of buildings (indicate height
of building and construction material of the exterior facade).
(m)
Typical unit floor plan for residential uses. (Floor plan should
be indicated for each type of unit proposed: either one bedroom, two
bedrooms or more.) The area in square feet of each typical unit should
be indicated.
(n)
Developer's (or his representative's) name, address and phone
number.
(o)
Any other information which may include required traffic, school,
utilities impact study and in order to adequately evaluate the scope
and potential impacts of the proposed project, including a grading
plan, parking layout plan, utilities plan, and lighting plan.
(2)
All plans and elevations presented with the application shall
remain a part of the records of the PAA. The provision of the plan
and the application shall be the sole responsibility of the applicant.
A.
Filing. An applicant for Plan Approval shall file the application
and all required submittals with the Town Clerk and shall also file
forthwith 20 copies of the application and the other required submittals
with the PAA including notice of the date of filing with the Town
Clerk.
B.
Circulation to other boards. Upon receipt of the Application, the
PAA shall immediately provide a copy of the application materials
to the Board of Selectmen, Zoning Board of Appeals, Board of Health,
Planning Board, Conservation Commission, Fire Department, Police Department,
Director of Inspectional Services, Department of Public Works, and
other municipal officers, agencies or boards for comment, and any
such board, agency or officer shall provide any written comments within
60 days of its receipt of a copy of the plan and application for approval.
C.
Hearing. The PAA shall hold a public hearing for which notice has
been given as provided in Section 11 of MGL Chapter 40A. The decision
of the PAA shall be made, and a written notice of the decision filed
with the Town Clerk, within 120 days of the receipt of the application
by the Town Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the Town Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and site plan.
D.
Peer review. In addition to the application fee, the applicant shall
be required to pay for reasonable consulting fees to provide peer
review of the Plan Approval application. This technical review fee
shall be paid at the time of the application. The initial deposit
shall be $15,000 and shall be subject to replenishment as needed.
The PAA, as a condition of any Plan Approval, may require a
Project to be phased to mitigate any extraordinary adverse Project
impacts on nearby properties. For Projects that are approved and developed
in phases, the proportion of Affordable Units and the proportion of
market rate units shall be consistent across all phases.
A.
Dimensional requirements. Notwithstanding anything to the contrary
in the Zoning By-law, the dimensional requirements applicable in the
LPSGOD are as follows. All dimensional requirements shall be computed
based upon the entire LPSGOD rather than on a Project by Project basis
or building by building basis:
|
Minimum Lot Area
|
not applicable
|
|
Minimum Lot Frontage*
|
150 feet
|
|
Maximum Building Height
|
45 feet or 3 stories
|
|
Minimum Street and Lot Line Setback*
|
10 feet
|
|
Minimum Open Space*
|
10%
|
|
Total LPSGOD Coverage by Buildings*
|
75%
|
|
Minimum Setback between Buildings
|
15 feet, where feasible
|
|
*
|
Where noted, requirement shall be computed using the entire
LPSGOD, not on a subzone or lot basis.
|
B.
Subzone density requirements. The following density shall be allowed
as of right in the LPSGOD Residential Subzones:
|
Subzone A
|
20 units per acre
|
|
Subzone B
|
20 units per acre
|
|
Subzone C: limited exclusively to commercial development
|
not applicable
|
A.
General. Notwithstanding anything to the contrary in this Zoning
By-law, the parking requirements applicable in the LPSGOD are as follows:
|
Residential Use
|
2.0 spaces per unit
|
|
Retail Sales, Retail Service, Veterinary Hospital, Medical or
Dental Office or Clinic, Barber Shop, Beauty Shop, Health Spa, Public
or Private Club, Hotel, Motel, Nursery, Greenhouse, Professional or
Business Office, Restaurant Use
|
3 spaces per 1,000 square feet of gross floor area
|
|
Entertainment, Recreational Use
|
5 spaces/acre for outdoor recreational use; 1 space per 4 persons
based upon the design capacity of the facility for indoor recreational
use
|
|
Mixed Use
|
Residential requirement plus nonresidential requirement
|
|
Commercial Use in Subzone C
|
As set for in the Dartmouth Zoning By-law for underlying district
|
B.
Shared parking. The use of shared parking to fulfill parking demands
noted above that occur at different times of day is strongly encouraged.
Minimum parking requirements above may be reduced by the PAA if the
applicant can demonstrate that shared spaces will meet parking demands
by using accepted methodologies (e.g. the Urban Land Institute Shared
Parking Report, ITE Shared Parking Guidelines, or other approved studies).
C.
Waiver of parking requirements. Notwithstanding anything to the contrary
herein, any minimum required amount of parking may be reduced upon
a demonstration to the reasonable satisfaction of the PAA that the
lesser amount of parking will not cause excessive congestion, endanger
public safety, or that lesser amount of parking will provide positive
environmental or other benefits, taking into consideration:
(1)
The availability of surplus off street parking in the vicinity
of the use being served and/or the proximity of a bus station or major
transportation route;
(2)
The availability of public or commercial parking facilities
in the vicinity of the use being served;
(3)
Shared use of off street parking spaces serving other uses having
peak user demands at different times;
(4)
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
(5)
Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots including reduction in green
space, destruction of significant existing trees and other vegetation,
destruction of existing dwelling units, or loss of pedestrian amenities
along public ways; and
(6)
Such other factors as may be considered by the PAA.
A.
General. All roof runoff shall be recharged into the ground as specified
by the standards set forth below. Stormwater management for the remaining
site (nonroof) area shall be designed in accordance with pertinent
water quality provisions of the Town of Dartmouth Conservation Commission
Wetland Protection Bylaw, in effect as of May 1, 2006.
B.
Standards.
(1)
Site design shall incorporate natural drainage patterns and
through the use of constructed stormwater wetlands, wet (detention)
ponds, water quality swales, sand filters, organic/vegetative filters
or similar site appropriate best management practices capable of removing
pollutants from stormwater. Reference shall be made to "Dartmouth
Department of Public Works Stormwater Recharge Standards" in effect
as of May 1, 2006, for the type of use proposed and the soil types
present on the site.
(2)
Said stormwater management plan shall be developed by a professional
engineer registered in the State of Massachusetts, and shall be reviewed
and approved by the Zoning Enforcement Officer who reserves the right
to retain a consultant engineer to review said plan, at the applicant(s)
expense. Stormwater detention ponds shall be screened with vegetation.
(3)
All recharge systems shall be maintained in full working order
by the owner(s) under the provision of an operations and maintenance
plan approved by the Zoning Enforcement Officer to ensure that the
system functions as designed.
(4)
If requested by the PAA, annual inspections of such mechanisms,
certifying that the system is functioning properly, shall be conducted
by a registered professional engineer and submitted to the Zoning
Enforcement Officer no later than May 1 of each year, along with an
administrative filing fee, as established by the Zoning Enforcement
Officer. The Zoning Enforcement Officer may modify the inspection
schedule based on the results of prior inspections.
(5)
In areas of the site where the maximum water table is four feet
or more below existing topography, provision shall be made to collect
and infiltrate a one inch depth of runoff from roof areas. In other
areas of the site, no infiltration is required.
(6)
Direct stormwater discharge, except roof runoff, into dry wells
or underground discharge is prohibited on non-residential properties
except where first filtered through an approved pre-treatment.
(7)
Only stormwater and sanitary sewage (via an approved sewage
disposal system) may be discharged to the ground. Stormwater system
failure shall be apparent by design.
(8)
Except for roof runoff systems, infiltration systems greater
than three feet deep shall be located at least 100 feet from drinking
water wells.
(9)
Infiltration systems shall be designed to control hazardous
material spills, remove contamination, and to avoid sedimentation
of leaching facilities.
A.
General. In order to ensure high-quality development within the LPSGOD
and to ensure design that respects the built and natural character
of Dartmouth, the PAA has adopted the LPSGOD Design Standards and
Guidelines, Appendix A, hereto.[1] Such design standards and guidelines address the landscaping,
lighting, screening, architecture, massing and scale of the Project.
These design standards and guidelines focus on each Subzone and the
LPSGOD in its entirety and are intended to be applied flexibly by
the PAA as part of the Plan Approval process to enable the purposes
of this District to be realized. All applications for Plan Approval
shall comply, except where a specific waiver is granted, to such Design
Standards and Guidelines.
[1]
Editor's Note: Appendix A is on file at the office of the
Town Clerk.
B.
Amendment. The PAA may, from time to time, amend Appendix A. No such
amendment shall take effect until written approval by the DHCD.
A.
Waivers. Except where expressly prohibited herein, upon the request of the Applicant the Plan Approval Authority may waive dimensional and other requirements of Article 12, including the Design Standards and Guidelines of Appendix A, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the LPSGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this article.
B.
Plan review. An Application for Plan Approval shall be reviewed for
consistency with the purpose and intent of this article, and such
Plan Review and shall be construed as an as-of-right review and approval
process as required by and in accordance with the Enabling Laws.
C.
Plan approval. Plan Approval shall be granted where the PAA finds
that:
(1)
The applicant has submitted the required fees and information
as set forth herein; and
(2)
The Project and site plan meet the requirements and standards set forth this Article 12, or a waiver has not been granted therefrom; and
(3)
Extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
D.
Plan disapproval. A site plan may be disapproved only where the PAA
finds that:
(1)
The applicant has not submitted the required fees and information
as set forth herein; or
(2)
The Project and site plan do not meet the requirements and standards set forth this Article 12, or a waiver has not been granted therefrom; or
(3)
It is not possible to adequately mitigate significant adverse
Project impacts on nearby properties by means of suitable conditions.
E.
Form of decision. The PAA shall issue to the applicant a copy of
its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
Town Clerk and that all plans referred to in the decision are on file
with the PAA. If 20 days have elapsed after the decision has been
filed in the office of the Town Clerk without an appeal having been
filed or if such appeal, having been filed, is dismissed or denied,
the Town Clerk shall so certify on a copy of the decision. A copy
of the decision shall be provided to the Director of Inspectional
Services. A copy of the decision or application bearing such certification
shall be recorded in the Bristol County (S.D.) Registry of Deeds,
and indexed in the grantor index under the name of the owner of record
or recorded and noted on the owner's certificate of title. The fee
for recording or registering shall be paid by the applicant.
A.
Minor change. After Plan Approval, an applicant may be apply to make
minor changes involving minor utility or building orientation adjustments,
or minor adjustments to parking or other site details that do not
affect the overall buildout or building envelope of the site, or provision
of open space, number of housing units, or housing need or affordability
features. Such minor changes must be submitted to the PAA on redlined
prints of the approved plan, reflecting the proposed change, and on
application forms provided by the PAA. The PAA may authorize such
changes at any regularly scheduled meeting, without the need to hold
a public hearing. The PAA shall set forth any decision to approve
or deny such minor change by motion and written decision, and provide
a copy to the applicant for filing with the Town Clerk. A copy of
the decision shall be provided to the Director of Inspectional Services.
B.
Major change. Those changes deemed by the PAA to constitute a major
change because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately characterized
as a minor change as described above, shall be processed by the PAA
as a new application for Plan Approval pursuant to this article.
