A.
Purpose and intent. The conduct of small-scale, low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:
(1)
Ensure the compatibility of home occupations with other uses;
(2)
Maintain and preserve the rural, residential and historic character of those portions of the Town that are primarily residential in use; and
(3)
Allow residents to engage in gainful employment on their properties, without undue permitting burdens, while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses in residential areas.
B.
Types/Categories of home occupations. There are two types of home occupations, as follows:
(1)
Home Occupation I (allowed by right as shown in the Use Regulations Schedule included as an attachment to this chapter).
(2)
Home Occupation II (allowed subject to site plan review as shown in the Use Regulations Schedule included as an attachment to this chapter).
C.
General criteria and standards. All home occupations, regardless of their type or category, shall conform to the following criteria and standards:
(1)
The home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units and does not alter the character of the neighborhood.
(2)
More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies the criteria and standards enumerated for the appropriate level of home occupation.
(3)
The home occupation is conducted only by residents of the dwelling unit but the business may employ other workers who do not engage in the work of the business at the site of the home occupation.
D.
Home Occupation I (allowed by right). A home occupation is allowed by right if it is carried out in compliance with the following criteria and standards:
(1)
Conforms to the general criteria and standards applicable to all home occupations as provided in Subsection C above.
(2)
All client and customer contacts are conducted via the internet or telephone or regular mail or at a site other than the location of the home occupation.
(3)
The types of businesses which are so conducted may vary widely but only utilize machinery and materials which are kept within the dwelling. Examples of permitted Type/Category I home occupations include, but are not limited to, artists with a home studio; web developer who utilizes a computer, telephone, and similar small equipment; internet sales business; engineers, surveyors, architects who utilize a small portion of their residence as a home office; building contractors who utilize a small portion of their residence as a home office.
(4)
The home occupation shall not involve the repair or maintenance of client or customer property (including equipment or machinery) on the premises on which the home occupation is located.
(5)
All work associated with the home occupation is carried out within the dwelling unit in a space which shall be the lesser of 20% of the floor area of the dwelling unit or 500 square feet.
(6)
No signs denoting the conduct of the home occupation business shall be permitted or displayed on the property.
(7)
The home occupation shall not give the outward appearance of a business. (The incidental appearance of a vehicle allowed under § 255-86F of the Zoning Bylaw to be parked in a residential district with the owner's business name, etc. on said vehicle shall not be construed as giving the outward appearance of a business.)
E.
Home Occupation II (allowed subject to site plan review). A home occupation is allowed subject to site plan review (conducted in accordance with Article XII of the Zoning Bylaw, including, but not limited to, the conducting of the public hearing with prior notification of the certified abutters as provided in § 255-147) if it is carried out in compliance with the following criteria and standards:
(1)
Conforms to the general criteria and standards applicable to all home occupations as provided in Subsection C above.
(2)
The maximum area that may be occupied by the home occupation shall be the lesser of 20% of the floor area of the primary dwelling unit or 500 square feet.
(3)
The home occupation shall not give the outward appearance of a business. (Signage, conducting of the business in accordance with these standards and criteria, and the incidental appearance of a vehicle allowed under § 255-86F of the Zoning Bylaw to be parked in a residential district with the owner's business name, etc. on said vehicle shall not be construed as giving the outward appearance of a business.)
(4)
Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed one square foot and must be affixed to the residence and not be freestanding. The Planning Board may approve a small (up to 0.25 square foot) nameplate to be affixed to a freestanding mailbox structure as a condition of the site plan review.
(5)
Parking shall be adequate for customers or clients.
(6)
No commercial vehicle other than Class 1 commercial vehicles, as defined by the Massachusetts Department of Transportation, at the DOT website (http://www.massdot.state.ma.us/highway/TrafficTravelResources/VehicleClass TypeClassifications.aspx) may be parked on a property in connection with a home occupation.
(7)
Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use. As such, considering the property size, location, type of business, the Planning Board may establish maximum limits as to the number of client/customer visits which may be conducted during a set period of time as a condition of the site plan review. The applicant must, as part of his/her application, provide information as to the volume of vehicular and pedestrian traffic which is expected to be associated with the home occupation at its peak level and on a routine basis.
(8)
There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation.
(9)
The home occupation shall be conducted in a manner that will not interfere with the enjoyment of abutting residential dwellings by reason of noise, vibration, smoke, electrical interference, dust, odors, or heat. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited. As such, the Planning Board may, as a condition of the site plan review, establish limitations as to the hours of operation of the home occupation.
[Amended 1-10-2018 STM by Art. 2]
A.
General regulations that apply to all Smart Growth Zoning Districts.
(1)
Purposes. The purposes of the Smart Growth Zoning Districts are:
(a)
To provide an opportunity for residential development and to especially encourage mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of South Hadley.
(b)
To promote continuing development and redevelopment in South Hadley that is pedestrian-friendly and consistent with South Hadley history and architecture.
(c)
To ensure high-quality site planning, architecture and landscape design that enhances the distinct visual character and identity of South Hadley and provides an environment with safety, convenience and amenity.
(d)
To provide for a diversified housing stock at a variety of costs within walking distance of services and public transportation, including affordable housing and other housing types that meet the needs of the Town's population.
(e)
To generate positive tax revenue for the Town, and to benefit from the financial incentives provided by Massachusetts General Laws Chapter 40R, while providing the opportunity for new business growth and additional local jobs.
(f)
To encourage preservation and rehabilitation of historic structures and buildings.
(g)
To promote efficient use of land and existing parking supply and limit the expansion of surface parking within the district by encouraging shared parking.
[Amended 5-9-2018 ATM by Art. 20]
(h)
To encourage adoption of energy-efficient building practices and sustainable construction methods.
(i)
To ensure compliance with Massachusetts Department of Environmental Protection stormwater management policies and practices.
(2) ACCESSORY (a) (b) (c) (d) ADMINISTERING/MONITORING AGENT ADMINISTRATIVE REGULATIONS or PAA REGULATIONS AFFORDABLE HOMEOWNERSHIP UNIT AFFORDABLE HOUSING AFFORDABLE HOUSING RESTRICTION AFFORDABLE RENTAL UNIT AFFORDABLE UNIT ALLOWED USE ANNUAL UPDATE APPLICANT AREA-WIDE MEDIAN INCOME AS-OF-RIGHT or AS-OF-RIGHT DEVELOPMENT BUILDING BUSINESS COMMERCIAL CONDOMINIUM CONSUMER SERVICES DENSITY DEPARTMENT or DHCD DESIGN STANDARDS DEVELOPMENT PROJECT or PROJECT DWELLING DWELLING UNIT DWELLING, MULTIFAMILY DWELLING, SINGLE-FAMILY DWELLING, THREE-FAMILY DWELLING, TWO-FAMILY ELIGIBLE HOUSEHOLD ENABLING LAWS FAMILY (a) (b) FLOOR AREA FRONTAGE HEIGHT INSTITUTIONAL USE LOADING SPACE LOT MASTER PLAN MIXED-USE DEVELOPMENT PROJECT NONRESIDENTIAL USE OFFICE PARKING (OFF-STREET) PLAN PLAN APPROVAL PLAN APPROVAL AUTHORITY (PAA) PLAN REVIEW PRINCIPAL BUILDING PRINCIPAL USE RESIDENTIAL PROJECT RESIDENTIAL USE RESTAURANT RETAIL; RETAIL SALES SCHOOL SERVICE SETBACK
SMART GROWTH DISTRICT STREET (a) (b) (c) STRUCTURE UNDERLYING ZONING UNRESTRICTED UNIT USE
Definitions. For purposes of this § 255-23, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Article III, or as set forth in the PAA Regulations. Where, for readability or other reasons, the terms defined in Article III, the PAA Regulations or the Enabling Laws, appear without capitalization, such use shall nevertheless be presumed to have the same meaning as defined in Article III, the PAA Regulations or the Enabling Laws, as applicable, unless it is obvious from the context that the common law definition applies. Common law definitions shall apply to all other terms not defined in Article III, the PAA Regulations or the Enabling Laws. To the extent that there is any conflict between the definitions set forth in Article III or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
[Amended 5-9-2018 ATM by Art. 20]
A structure, building or use which:
Is subordinate in function to and serves a principal building or principal use;
Is subordinate in area or extent to the principal building or principal use served;
Contributes to the comfort, convenience, or necessity of occupants or the principal building or use; and
Is located on the same lot as the principal building or use.
An entity designated by the South Hadley Board of Selectmen, which may be the South Hadley Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this section related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the SGZD. [See Subsection A(8).]
Administrative rules and provisions relative to Plan Approval that are adopted by the Planning Board pursuant to MGL c. 40R and in its capacity as the 40R Plan Approval Authority under Subsection A(8). Such rules and regulations, Project application form(s), any other application requirements and any subsequent amendments thereof must be approved by the Department of Housing and Community Development.
A Dwelling Unit required to be sold to an Eligible Household per the requirements of this section.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of an Affordable Unit meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection A(8) of this section.
A Dwelling Unit required to be rented to an eligible household per the requirements of Subsection A(8).
The collective reference to Affordable Homeownership Units and Affordable Rental Units.
A list of all approved and currently proposed Smart Growth Districts within the Town of South Hadley and other associated information, to be filed on or before July 31 of each year with the Massachusetts Department of Housing and Community Development pursuant to Massachusetts General Laws Chapter 40R and applicable regulations [760 CMR 59.07(1)].
A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this section.
The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
A use or Development Project allowable under this section without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Plan Review requirement of this section shall be considered an As-Of-Right Development.
A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
The transacting or carrying on of a trade or commercial enterprise with a view to profit or for livelihood.
Any use classified under the category "Business Uses" in § 255-23B.
A system of ownership of real estate, including commercial, industrial, and attached and detached residential dwelling units, established pursuant to the Condominium Act of the Commonwealth of Massachusetts, Chapter 183A of the Massachusetts General Laws, in which the apartments or dwelling units are individually owned and the land and common areas are owned in common. A condominium is not a use or a building type; rather, it is a form of ownership that can apply to any use or building type.
A barber shop, dry-cleaning or laundry establishment, photographer's shop or studio or similar business where service is provided directly on the premises.
The number of dwelling units per acre of land.
The Massachusetts Department of Housing and Community Development.
Provisions adopted in accordance with § 225-23B that shall be applicable to all Development Projects within the SGZD.
A residential or mixed-use development undertaken under this section. A Development Project shall be identified as such on the Plan which is submitted to the Planning Board for plan review.
A building occupied exclusively as a residence for one or more families.
A room or group of rooms designed and equipped exclusively for use as living quarters for only one family, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes but shall not include house trailers or recreational vehicles.
A dwelling containing four or more dwelling units.
A detached dwelling containing one dwelling unit.
A dwelling containing three dwelling units.
A dwelling containing two dwelling units.
An individual or household whose annual income is below 80% of the areawide 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.
One or more persons occupying a dwelling unit and living as a single housekeeping unit. For purposes of this § 255-23:
A family shall not exceed four persons not related by blood or marriage;
Notwithstanding the above, a family shall be deemed to include a group residence, limited, further defined as a premises licensed, regulated, or operated by the Commonwealth of Massachusetts or operated by a vendor under contract with the commonwealth for the residential living, care, or supervision in any single dwelling unit of five or more mentally ill or mentally retarded persons or persons with disabilities.
The sum of the areas of habitable or commercially usable space on all floors of a structure, including the interior floor area of all rooms (including bathrooms and kitchens), closets, pantries, hallways that are part of a dwelling unit or inside a commercial building, including habitable finished basements but excluding cellars or unfinished basements.
The length of a front lot line adjacent to a street; provided, however, that the minimum frontage required by this bylaw shall be satisfied by a continuous, uninterrupted segment of such frontage.
The vertical distance between the highest point of the roof of a building and the average finished grade of land on which the building is located. For purposes of this § 255-23, the term "height" shall not apply to chimneys, steeples, flag- or radiopoles, antennas, aerators, required bulkheads, elevator penthouses, or other equipment appurtenances necessitated by the permitted use to which a building is put. In addition, the term "height" shall not apply to solar energy collectors and equipment used for the mounting or operation of such collectors; provided, however, that such collectors or equipment shall not impair solar access of other building or other solar installations.
A nonprofit or quasi-public use or institution, such as a church, library, public or private school, municipally owned or operated building, structure or land, used for public purpose.
Off-street space logically and conveniently located for bulk pickups and deliveries by truck, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
A parcel of land which is or may be occupied by a principal building and its accessory buildings, together with such open yard areas as are required under the provisions of this § 255-23. To be used for building purposes, such lot must have frontage on a street as defined below, excepting only a preexisting lot exempted by the provisions of MGL c. 40A, § 6. A lot line is a boundary of a lot.
The South Hadley Master Plan adopted by the South Hadley Planning Board, as amended.
A Development Project containing a mix of residential uses and nonresidential uses as specified in § 255-23A(5) and subject to all provisions of this § 255-23.
Office, Retail, Restaurant, Service or Institutional Use, inclusive, or some combination of the same.
A workplace used for the transaction of business or nonprofit functions, excluding as principal uses manufacturing, retail construction, and warehousing and including but not limited to professional offices and offices that support or manage on-site or off-site manufacturing, retailing, construction, and warehousing, as well as research laboratories and other facilities in which research activities are conducted. An office that is operated as part of another primary use on the Use Table shall be considered accessory to that primary use and not a separate use.[1]
For purposes of this § 255-23A(6), an off-street parking space shall consist of an area for parking an automobile with room for opening doors on both sides, together with properly related access to a street and sufficient maneuvering room, but shall be located totally outside of any street or alley right-of-way.
A plan depicting a proposed Development Project for all or a portion of the SGZD and which is submitted to the Planning Board for its review and approval in accordance with the provisions of this § 255-23.
The Planning Board's authorization, acting as the Plan Approval Authority (PAA) per the Enabling Laws, for a proposed Development Project based on a finding of compliance with this section and Design Standards after the conduct of a Plan Review.
The South Hadley Planning Board authorized under Article XI to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGZD.
The review procedure established by this article and administered by the Town of South Hadley Planning Board acting as PAA.
One or more buildings/structures serving the primary use to which the premises are devoted, and the main purpose for which the premises exist.
The primary use to which the premises are devoted, and the main purpose for which the premises exist.
A Project that consists solely of residential, parking and accessory uses as defined in § 255-23B.
A building or part of a building containing Dwelling Units as defined hereinabove and parking that is accessory to the Dwelling Units.
A commercial establishment in which the primary activity consists of the preparation and serving of food for consumption on the premises or as take-out, including a bar or pub or other establishment that sells food and alcoholic beverages for on-premises consumption, excluding catering businesses and retail uses that sell prepared food.
An establishment selling goods directly to the general public for personal and household consumption, including but not limited to an appliance store, bakery, delicatessen, drugstore, florist, grocer, hardware store, liquor store, newsstand, shoe store, stationery store, convenience store, and variety store, excluding a restaurant.
A building devoted to instruction or education in primary, secondary, high school, or post-high school grades.
The performance of any act for the benefit of another with a view to profit or for a livelihood.
The minimum required unoccupied space or distance between a lot line and any part of a principal or accessory building nearest such lot line, such unoccupied space or area extending the entire distance across the lot. Front, side and rear setback lines are identified in accordance with the diagram below:
  |
An Overlay Zoning District adopted pursuant to Massachusetts General Laws Chapter 40R, in accordance with the procedures for zoning adoption and amendment as set forth in Massachusetts General Laws Chapter 40A and approved by the Department of Housing and Community Development pursuant to Massachusetts General Laws Chapter 40R and applicable regulations.
A way, whether public or private, set aside for the passage of persons, animals or vehicles, and which is:
A public way accepted by the Town or a way which the Town Clerk certifies is maintained and used as a public way; or
A way shown on a plan approved and endorsed by the Planning Board in accordance with Chapter 41 of the Massachusetts General Laws (Subdivision Control Law); or
A way in existence when said Subdivision Control Law became effective in South Hadley having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and having sufficient and adequate municipal services to serve such land and the buildings erected or to be erected thereon.
A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, tower, fence, sign, pole, mast, or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof."
The zoning requirements adopted pursuant to Massachusetts General Laws Chapter 40A that are otherwise applicable to the geographic area in which the SHFSGD is located, as said requirements may be amended from time to time.
A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants.
The purpose for which land or a building or structure is arranged, designed, intended or erected, or for which land or a building or structure is or may be occupied.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
(3)
Scope and authority. The Smart Growth Zoning District is established pursuant to the Enabling Laws, and shall be deemed to overlay the parcels as shown on the Zoning Map of the Town of South Hadley, as amended. The Underlying Zoning shall remain in effect, and the Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this § 255-23 or complying with all applicable zoning controls set forth in the Zoning Bylaw of the Town of South Hadley for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this § 255-23 shall be governed solely by the provisions of this § 255-23 and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.
[Amended 5-9-2018 ATM by Art. 20]
(4)
Performance standards. All permitted uses must comply with the following:
(a)
Does not regularly emit noxious odors, or dust particles, or smoke, or pose danger, such as manufacture of acids, gases, fertilizers and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, or explosives.
(b)
Does not present a danger to persons within or outside the SGZD by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason.
[Amended 5-9-2018 ATM by Art. 20]
(c)
Complies with the Town Stormwater Management Bylaw[2] as provided to DHCD on September 8, 2015, regardless of the amount of area being disturbed. Until such time that the Town of South Hadley has qualified for one or more density bonus payments under 760 CMR 59.06(2) corresponding to a number of Bonus Units that is equal to or greater than the minimum number of Incentive Units associated with any Zoning Incentive Payment received for a given SGZD established under this § 255-23, any subsequent amendments to the Stormwater Management Bylaw shall not apply to Development Projects in such the SGZD until DHCD has received written notice of such amendment(s) and determined that such amendment(s) does not unduly restrict development within the such SGZD as per 760 CMR 59.02.
[Amended 5-9-2018 ATM by Art. 20]
(5)
Mixed-Use Development. Development Projects may include a portion not to exceed 50% of the total gross floor area to be used for nonresidential uses, including Office, Retail, Restaurant, Service or Institutional Uses. Residential units must generally be located above the first floor but may be permitted in first-floor portions of the building. Where that portion of the building fronts on a public way, the Planning Board must determine that it is principally a residential street or that such first-floor residential use would be in keeping with the character of the adjoining land uses.
[Amended 5-9-2018 ATM by Art. 20]
(6)
Off-Street Parking and Loading.
(a)
Off-Street Parking. Retail stores, offices and Consumer Service establishments located within 300 feet of a public off-street parking facility shall be exempt from off-street parking requirements. In all other cases, off-street parking shall be provided to meet the following minimum requirements:
[Amended 5-9-2018 ATM by Art. 20]
| Use | Number of Parking Spaces |
|---|---|
| Retail or Restaurant | 0 |
| Office and Institutional | 2 per 1,000 square feet |
| Residential Units | 1.25 per unit |
| Other Nonresidential, less than 2,000 square feet | 0 |
| Other Nonresidential, 2,000 square feet or more leasable space in excess of 2,000 square feet | 1 per 2,000 square feet. |
| As indicated above, off-street parking is not required for Other Nonresidential uses in the district unless such use exceeds 2,000 square feet of net floor area. |
(b)
Off-Street Loading and Delivery. Off-street loading spaces shall be provided to meet or exceed the following minimum requirements:
| Use | Number of Parking Spaces |
|---|---|
| Restaurant - leasable space in excess of 2,000 square feet | 1 space per 2,000 square feet |
| Other allowed secondary use - leasable space in excess of 2,000 square feet | 1 space per 5,000 square feet |
| The Planning Board may waive the loading space requirement if the Applicant provides a plan proving that the loading space is not needed or can be shared. |
(c)
Location of Parking. Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within any applicable restricted Front Setback area.
[Amended 5-9-2018 ATM by Art. 20]
(d)
Waiver of parking requirements. The Planning Board may grant a Plan Approval providing such relief from the standards or prescribe safeguards and conditions as it shall warrant appropriate, provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in the SGZD. The Planning Board may impose conditions of use or occupancy appropriate to such modifications, provided that the particular use and occupancy were voluntarily proposed by the applicant and any such conditions are expressly approved in writing by DHCD and would not impair the development of housing within the District which is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
[Amended 5-9-2018 ATM by Art. 20]
(e)
Shared use of required parking.
[1]
Shared use may be made of required parking spaces by intermittent-use establishments, for example, churches, assembly halls or theaters, whose peak parking demand is only at night or on specific days of the week; by other uses whose peak demand is only during the day; or in public parking lots. At the time of application, a formal agreement shall be made in writing by the owners of the uses involved concerning the number of spaces involved, substantiation of the fact that such shared use is not overlapping or in conflict, and the duration of the agreement.
[2]
The applicant shall 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 industry established studies on shared parking).
(f)
Cooperative Establishment and Operation of Parking Areas. Required spaces for any number of uses may be provided in a combined lot or lots (public or private), provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual uses, with allowances made, upon formal designation, for night use or for separate and distinct working shifts, and provided also that such lot or lots shall be within 600 feet of the principal buildings served.
(g)
Parking design. Parking shall be designed and constructed to comply with all applicable state or federal disability access requirements, including but not limited to the Americans with Disabilities Act (ADA) and 521 CMR.
[Amended 5-9-2018 ATM by Art. 20]
(7)
Open Spaces and Recreational Areas. The site design for Development Projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for Plan Approval within the SGZD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the Planning Board shall include a description of proposed ownership and maintenance provisions of all common open space and facilities and, if requested by the Planning Board, any necessary restrictions or easements designed to preserve the open space and recreational areas from future development. Upon consideration of the above information, the Planning Board may approve a waiver as provided for in § 255-23A(10) for a front setback to allow for common open space or facilities.
(8)
Affordable housing.
(a)
Affordable Units shall comply with the following requirements:
[1]
The monthly rent payment for an Affordable Rental Unit, including applicable utility allowances, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one, unless another methodology for determining the target household size has been approved by DHCD.
[Amended 5-9-2018 ATM by Art. 20]
[2]
For an Affordable Homeownership Unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming a household size equal to the number of bedrooms in the unit plus one.
[Amended 5-9-2018 ATM by Art. 20]
[3]
Affordable Units required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
(b)
Number of Affordable Units. Twenty percent of all Dwelling Units and 25% of all rental Dwelling Units constructed in a Development Project shall be Affordable Units; provided, however, for Development Projects in which all of the Dwelling Units are limited to occupancy by elderly persons and/or by persons with disabilities, 25% of the Dwelling Units shall be Affordable Units, whether the dwelling units are rental units or ownership units.
(c)
Fractional Units. When the application of the percentages specified in § 255-23A(8)(a) results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.
(d)
Design and Construction. Affordable Units must be dispersed equitably and proportionately throughout a Development Project, including, where applicable, across all buildings, floors and unit types. Affordable Units must be comparable in initial construction quality and exterior design to the Unrestricted Units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a Dwelling Unit under applicable law. The Affordable Units must have access to all on-site amenities. Affordable Units shall be finished housing units. All Affordable Units must be constructed and occupied not later than concurrently with construction and occupancy of Unrestricted Units. In Development Projects that are constructed in phases, Affordable Units must be constructed and occupied in proportion to the number of units in each phase of the Development Project.
(e)
Unit mix. The total number of bedrooms in the Affordable Units shall be at least proportionate to the total number of bedrooms in all units of the Project of which the Affordable Units are a part.
[Amended 5-9-2018 ATM by Art. 20]
(f)
Affordable Housing Restriction. Each Affordable Unit shall be subject to an Affordable Housing Restriction approved by DHCD, pursuant to MGL c. 40R, and recorded with the County Registry of Deeds or Land Court Registry District of the county. All Affordable Housing Restrictions must include, at minimum, the following:
[1]
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity, initial unit designations, and number of bedrooms and number of bedroom types of Affordable Rental Units in a Development or portion of a Development which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Development Project or the rental portion of a Development Project with the designated Affordable Rental Units initially identified in the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and able to float on a limited basis, as necessary, subject to specific approval by DHCD in accordance with the AFHMP and DHCD's AFHMP guidelines.
[Amended 5-9-2018 ATM by Art. 20]
[2]
The term of the Affordable Housing Restriction which shall be in perpetuity or for the longest period customarily allowed by law, as further specified in the PAA's Plan Approval decision, but shall be no less than 30 years.
[Amended 5-9-2018 ATM by Art. 20]
[3]
The name and address of the Monitoring Agent, with a designation of its power to monitor and enforce the Affordable Housing Restriction.
[4]
Reference to a housing marketing and resident selection plan, to which the Affordable Unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by DHCD, pursuant to MGL c. 40R for the corresponding Project or phase(s) therein, the housing marketing and selection plan may provide for local preferences in resident selection. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size.
[Amended 5-9-2018 ATM by Art. 20]
[5]
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan.
[6]
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set.
[7]
A requirement that only an Eligible Household may reside in an Affordable Unit and that notice of any lease or sublease of any Affordable Unit shall be given to the Monitoring Agent.
[8]
Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Monitoring Agent.
[9]
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the Town of South Hadley, in a form approved by municipal counsel and DHCD pursuant to the Enabling Laws, and shall limit initial sale and resale to and occupancy by an Eligible Household.
[10]
Provision that the owner(s) or manager(s) of an Affordable Rental Unit(s) shall file an annual report to the Monitoring Agent, in a form specified by that agent, certifying compliance with the provisions of this § 225-23J and containing such other information as may be reasonably requested in order to ensure compliance with the Affordable Housing Restriction and AFHMP.
[Amended 5-9-2018 ATM by Art. 20]
[11]
Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the Town of South Hadley, in a form approved by municipal counsel and DHCD pursuant to the Enabling Laws, and shall limit rental and occupancy to an Eligible Household.
[12]
A requirement that residents in Affordable Units provide such information as the Monitoring Agent may reasonably request in order to ensure compliance with the Affordable Housing Restriction and AFHMP.
[Amended 5-9-2018 ATM by Art. 20]
[13]
Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions.
(g)
Administration. The Monitoring Agent shall ensure the following [See § 255-23A(2)]:
[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 Units is properly and reliably determined.
[3]
The housing marketing and resident selection plan has been approved by DHCD pursuant to the Enabling Laws, 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 section are recorded with the Hampshire County Registry of Deeds or Land Court. In the case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the Planning Board or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the South Hadley Board of Selectmen.
(h)
Costs of housing marketing and selection plan.
[1]
The housing marketing and selection plan may make provision for payment by the owner of reasonable costs to the Monitoring Agent and the owner shall pay reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements under this § 255-23 and the Enabling Laws.
[Amended 5-9-2018 ATM by Art. 20]
[2]
In combination, the various documentation required under § 255-23A(8), to be submitted with an application for Plan Approval, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
(9)
Plan approval procedures. The Planning Board shall adopt and file with the Town Clerk Administrative Regulations relative to the application requirements and contents for Plan Review, subject to approval by the Massachusetts Department of Housing and Community Development. Plan approval procedures shall be as follows:
(a)
Pre-application requirements.
[1]
Prior to the submittal of a Plan for Plan Approval, a "Concept Plan" may be submitted to help guide the development of the definitive submission for project build-out. Such Concept Plan shall reflect the following:
[2]
The Concept Plan is intended to be used as a tool for both the Applicant and the Planning Board to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the SGZD.
(b)
Application procedures. All Projects are subject to Plan Approval.
[1]
Submittal.
[a]
An application for Plan Approval shall be submitted in accordance with the requirements herein and further specified in the SGZD Administrative Regulations, on the form provided by the PAA, along with the application fees set forth in the Administrative Regulations. The application shall be accompanied by such plans and other documents as required by the Administrative Regulations required to verify compliance with any of the provisions of this section in a manner that, as defined in 760 CMR 59.02, does not Unduly Restrict development within the SGZD. In addition to the submission requirements of Administrative Regulations, an application for Plan Approval shall also include all of the following:
[b]
All plans shall be prepared by certified architects or engineers as required by the Massachusetts Building Code and shall include all of the following:
[i]
Building plans. All levels, including roof.
[ii]
Building elevations. All sides, including courtyards and interior lot elevations.
[iii]
Massing perspective sketches or renderings illustrating the key elements of the proposed development Project within its context.
[Amended 5-9-2018 ATM by Art. 20]
[iv]
Proposed exterior lighting plan with photometric information.
[v]
Proposed stormwater management plan with rainwater calculations in accordance with the Town's Stormwater Management Bylaw[3] regardless of the size of the land area being disturbed. However, this is not required if the Planning Board, as the Stormwater Management Permitting Authority, determines that the area of disturbance is so de minimis as to render calculations insignificant.
[vi]
The documents shall clearly differentiate between existing and proposed work by use of screened lines or color. Changes and revisions to subsequent submittals shall be prominently noted.
[c]
An application for Plan Approval shall be filed by the Applicant with the Town Clerk. A copy of the application, including the date of filing certified by the Town Clerk, as well as the required number of copies of the application, shall be filed forthwith by the Applicant with the Planning Board. Application submissions must include a hard copy as well as an electronic copy in PDF and CAD format. Said filing shall include any required forms provided by the Planning Board. As part of any application for Plan Approval for a Development Project, the Applicant must submit the following documents to the Planning Board and the Monitoring Agent:
[i]
Evidence that the Development Project complies with the cost and eligibility requirements of § 255-23A(8);
[ii]
Development Project plans that demonstrate compliance with the design and construction standards of § 255-23A(8)(d); and
[iii]
A form of Affordable Housing Restriction that satisfies the requirements of § 255-23A(8)(f).
[iv]
Review fees. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the Planning Board, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the Town of South Hadley in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the Planning Board in reviewing the Plan application. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith.
[2]
In accordance with the Administrative Regulations, the Planning Board shall provide a copy of the application materials to all relevant municipal Boards, Departments, Commissions and Officials as determined by the Planning Board and to the Monitoring Agent. Subject to the requirements under Subsection A(9)(b)[3][b] below, these entities shall provide any written comments within 60 days of the filing plan and application with the Town Clerk.
[Amended 5-9-2018 ATM by Art. 20]
[3]
Public hearing and time limits.
[a]
The Planning Board shall hold a public hearing and review all applications according to the procedure specified in MGL c. 40A, § 11.
[b]
The decision of the Planning Board shall require a majority vote of the Board's members and be made, and written notice of the decision filed with the Town Clerk within 120 days of receipt of the Application by the Town Clerk. This time may be extended by mutual agreement between the Planning Board and the Applicant by written agreement filed with the Town Clerk. Failure of the Planning Board to take action within said 120 days or the extended time shall be deemed an approval of the Plan Approval application.
[4]
Criteria for plan approval. The Planning Board shall approve the Development Project upon the following findings:
[a]
The Applicant has submitted the required fees and information as set forth in the SGZD Administrative Regulations; and
[b]
The proposed Development Project as described in the application meets all of the requirements and standards set forth in this § 255-23, applicable Design Standards and the SGZD Administrative Regulations, or a waiver has been granted therefrom and shall also include written confirmation by the Monitoring Agent that all Affordable Housing requirements have been satisfied.
[Amended 5-9-2018 ATM by Art. 20]
[c]
Any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.[4]
[4]
Editor’s Note: The unnumbered paragraph which immediately followed this subsection and which required written confirmation by the Monitoring Agent that all requirements were satisfied, was repealed 5-9-2018 ATM by Art. 20. See now Subsection A(9)(b)[4][b] above.
[5]
Criteria for plan denial. A Plan Approval application may be disapproved only where the Planning Board finds that:
[a]
The applicant has not submitted the required fees and information as set forth in the SGZD Administrative Regulations; or
[b]
The Project as described in the application does not meet all the requirements and standards set forth in this § 255-23, applicable Design Standards and the SGZD Administrative Regulations, or that a required waiver therefrom has not been granted; or
[Amended 5-9-2018 ATM by Art. 20]
[c]
It is not possible to adequately mitigate significant project impacts on nearby properties by means of suitable conditions.
(10)
Waivers. Upon request of the Applicant, the Planning Board may waive dimensional and other requirements, including design standards, with conditions, 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 SGZD and the South Hadley Master Plan, and if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this section. Notwithstanding anything to the contrary in this § 255-23 or the Zoning Bylaw of South Hadley, the Affordable Housing provisions that comprise § 255-23A(8) shall not be waived. The Planning Board will also take into consideration the following items when considering a waiver:
[Amended 5-9-2018 ATM by Art. 20]
(a)
High-performance energy-efficient buildings and construction methods.
(b)
Projects with publicly accessible open space.
(c)
Projects that include retail and restaurants located on street level.
(d)
A demonstrated shared parking initiative that makes efficient use of land and existing parking supply.
(e)
The preservation or rehabilitation of historic properties or other buildings considered significant to the Town.
(11)
Plan changes after approval by Planning Board.
(a)
Minor plan changes. After Plan Approval, an Applicant may apply to make minor changes in a Development Project that do not affect the overall build-out or building envelope of the site, or provision of open space, number of housing units, or housing need or Affordable Housing features. Such minor changes must be submitted to the Planning Board on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Planning Board. The Planning Board may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Planning Board 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.
[Amended 5-9-2018 ATM by Art. 20]
(b)
Major plan changes. Those changes deemed by the Planning Board to constitute a major change in a Development Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the Planning Board as a new application for Plan Approval pursuant to this section.
(12)
Fair housing requirement. All Development Projects within the SGZD shall comply with applicable federal, state and local fair housing laws.
(13)
Project phasing. The Planning Board may allow a Project to be phased at the request of the applicant or to mitigate any extraordinary adverse impacts on nearby properties and provided that the submission shows the full build-out of the Project and all associated impacts as of the completion of the final phase and subject to approval of the Planning Board. For projects that are approved and developed in phases, the proportion of Affordable Units shall be no less than the minimum percentage required for the Project as a whole under § 255-23A(8)(b).
[Amended 5-9-2018 ATM by Art. 20]
(14)
Decisions.
(a)
The Planning Board 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. If 20 days have elapsed after the decision has been filed with the Town Clerk without an appeal having been filed, or if such appeal, having been filed, is dismissed or denied, or if a plan is approved by reason of the failure of the Planning Board to timely act, the Town Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the Registry of Deeds.
(b)
A Plan Approval shall remain valid and run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate an appeal and which time shall be extended if the project proponent is actively pursuing other required permits or there is other good cause for failure to commence.
(c)
The Planning Board may require the posting of a performance bond to secure and/or screen a Development Project site in the event that demolition is undertaken but subsequent work lapses, for any reason within or outside the applicant's control, for a period longer than one year.
(15)
Date of effect. The effective date of this SGZD Bylaw (§ 255-23) as amended May 8, 2018, shall be the date on which such adoption is voted upon by Town Meeting pursuant to the requirements of MGL c. 40A, § 5 and Chapter 40R of the General Laws; provided, however, that an Applicant may not proceed with construction pursuant to this Bylaw (§ 255-23) prior to the receipt of final approval of this Bylaw (§ 255-23) and accompanying Zoning Map by both the Department of Housing and Community Development and the Office of the Massachusetts Attorney General.
[Amended 5-9-2018 ATM by Art. 20]
(16)
Severability. If any provision of this section is found to be invalid by a court of competent jurisdiction, the remainder of this section shall not be affected but remain in full force. The invalidity of any provision of this section shall not affect the validity of the remainder of the Town's Zoning Bylaw.
(17)
Design standards.
(a)
The Planning Board may adopt and amend, by simple majority vote, Design Standards which shall be applicable to all Projects. Such Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.
[Amended 5-9-2018 ATM by Art. 20]
(b)
Before adopting any Design Standard, the Planning Board shall submit the proposed Design Standard to DHCD for approval. Any amendment to the Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk.
(c)
An application for Plan Approval that has been submitted to the Town Clerk pursuant to this section shall not be subject to any Design Standard that has not been approved by DHCD
B.
Establishment and delineation of the Smart Growth Zoning Districts.
(1)
South Hadley Falls Smart Growth Zoning District (SHFSGZD).
(a)
Establishment and delineation of the SHFSGD. The South Hadley Falls Smart Growth District is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the "South Hadley Falls Smart Growth District" on the Official Zoning Map of the Town of South Hadley on file in the office of the Town Clerk, said map hereby made a part of the South Hadley Zoning Bylaw.
(b)
Allowed and prohibited uses. Any use not listed herein as an Allowed Use is deemed prohibited.
[1]
Allowed uses. The following uses shall be permitted As-Of-Right in the SHFSGD upon Plan Approval pursuant to the provisions of this § 255-23:
[Amended 5-9-2018 ATM by Art. 20]
[2]
In addition to the Allowed Uses listed above, the following uses are permitted As-Of-Right for Development Projects within the SHFSGD subject to the requirements of this section:
(c)
Dimensional and other requirements. Applications for Plan Approval shall be governed by this section and the Design Standards for the South Hadley Falls Smart Growth District.
| Dimensional Requirement | |
|---|---|
| Maximum Floor Area Ratio (FAR) (gross floor area/lot size) | 3 |
| Maximum Building Height | 45 feet |
| Minimum Lot Frontage | 50 feet |
| Maximum Lot Coverage | N/A*** |
| Minimum Lot Area | N/A*** |
| Number of Buildings per lot | N/A*** |
| Maximum Building Frontage | 300 feet |
| Minimum Front Setback* | 0 feet |
| Maximum Front Setback* | 10 feet |
| Minimum Side/Rear Setback** abutting a Residential Zone | 15 feet |
| Minimum Side/Rear Setback** in SHFSGD or abutting Business-B | 0 feet |
| Interior Setback (between buildings on same lot) | 15 feet |
| * | See 7.1.1 of the Design Standards for front facade setback requirements. |
|---|---|
| ** | See 7.1.2 of the Design Standards for building step-back requirements. |
| *** | No requirement or limitation applies. |
[1]
Residential Density Allowances. The minimum Multifamily Residential density shall be 20 units per acre and the maximum Multifamily Residential Density shall be 24 units per acre for all lots and all buildings. The Single-Family Residential Density shall be a maximum of up to eight units/acre and Two-Family and Three-Family Residential Density shall be a maximum of up to 12 units/acre.
[a]
The Planning Board may provide a waiver, including permitting a density of less than 20 units per acre for Multifamily, as specified in § 255-23A(10) to promote the renovation or adaptive reuse of existing buildings.
[2]
Contiguous lots. In the SHFSGD, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage; parking requirements; minimum usable open space; and Dwelling Units per acre.
[3]
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this § 255-23 and the Design Standards.
[Amended 5-9-2018 ATM by Art. 20]
C.
Newton Street Smart Growth Zoning District (NSSGZD).
[Added 5-9-2018 ATM by Art. 21]
(1)
Establishment and Delineation of the NSSGZD. The NSSGZD is an overlay district that is superimposed over the Underlying District. The boundaries are delineated as the "Newton Street Smart Growth Zoning District" on the Official Zoning Map of the Town of South Hadley on file in the office of the Town Clerk, said map hereby made a part of the South Hadley Zoning Bylaw.
(2)
Allowed and prohibited uses. Any use not listed herein as an Allowed Use is deemed prohibited.
(a)
(3)
Dimensional and other requirements. Applications for Plan Approval shall be governed by this section and the Design Standards for the NSSGZD.
| Dimensional Requirement | |
|---|---|
| Maximum Building Height | 4 stories or 55 feet, whichever is less except within 150 feet of Newton or Lyman Street and then shall be 3 stories or 50 feet, whichever is less |
| Minimum Lot Frontage | N/A* |
| Maximum Lot Coverage | N/A* |
| Minimum Lot Area | N/A* |
| Number of Buildings per Lot | N/A* |
| Maximum Building Frontage | 300 feet |
| Minimum Front Setback | N/A* |
| Minimum Side/Rear Setback abutting a Residential Zone | 20 feet |
| Minimum Side/Rear Setback when abutting a parcel with an existing single-family dwelling | 20 feet for that portion of a Structure not exceeding 2 stories 50 feet for that portion of a Structure exceeding 2 stories |
| Minimum Side/Rear Setback in NSSGZD or abutting Business-A | 20 feet |
| * | No requirement or limitation applies. |
(a)
Residential Density Allowances. The minimum Multifamily Residential density shall be 20 units per acre and the maximum Multifamily Residential Density shall be 24 units per acre for all lots and all buildings. The Single-Family Residential Density shall be a maximum of up to eight units/acre and Two-Family and Three-Family Residential Density shall be a maximum of up to 12 units/acre.
(b)
Contiguous lots. In the NSSGZD, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage; parking requirements; minimum usable open space; and Dwelling Units per acre.
(c)
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this § 255-23 and the Design Standards.
A.
An accessory use of land or structure is a use for a purpose customarily incidental to the main or principal use permitted in the district. An accessory building or structure is unattached to, subordinate in size to, and used for a purpose incidental to a principal use or building.
B.
Accessory uses and buildings customarily incidental to any use permitted in the Use Regulations Schedule[1] (Article V) are permitted in the corresponding districts, provided that such accessory use or building shall not be offensive or dangerous to life by reason of fire, and provided, further, that such accessory use or building shall not include any activity conducted for gain or for the provision of a service to nonoccupants of a residence at that location.
[1]
Editor's Note: The Use Regulations Schedule is included as an attachment to this chapter.
C.
No private way or walk shall give access across or upon a lot in any district to a business or industry, except to an agricultural, horticultural or floricultural use on an adjoining lot as permitted in the Use Regulations Schedule.
D.
In industrial districts, accessory uses or activities necessary in connection with scientific research or scientific development or related production, not necessarily on the same parcel as said primary uses or activities, are permitted by special permit from the Planning Board acting as the special permit granting authority, provided that the Planning Board finds that the proposed accessory use does not substantially derogate from the public good.
Agricultural, horticultural and floricultural uses shall include produce farms, truck gardens, dairies, nurseries, wood lots, greenhouses, harvesting of natural ice, and similar pursuits yielding food, fiber or decorative plants.
A.
On parcels of less than five acres, in all districts except Agricultural, and Industrial A, the following restrictions apply: The keeping and raising of pigs, rabbits, livestock, pigeons, whether raised for table or other purposes, or other like objectionable uses are prohibited.
B.
The keeping of poultry is restricted to a small flock for the use of the resident occupant only. The flock shall be confined in an enclosure not less than 10 feet from any lot line and not less than 25 feet from any building used for human habitation. For the purpose of this bylaw, a "small flock" shall mean and shall not exceed one unit of poultry to each 500 square feet of lot area but in no case more than 12 such units on any lot. The building and enclosure for the keeping of poultry permitted herein shall not exceed 1/20 of the area of the lot on which it is located, and any building so used shall be limited to one story in height. The use of such enclosure or building for the keeping of poultry shall be accessory to a dwelling existing on the same lot or on an abutting lot. Any greenhouse on such a parcel shall not be conducted as a business, and any greenhouse heating plant shall be located at least 20 feet from any lot line.
C.
On parcels of less than five acres in Residence A-1 Districts, the keeping and raising of roosters, as well as pigs, rabbits, livestock, pigeons and other like objectionable uses, is prohibited. Any greenhouse on such a parcel shall not be conducted as a business, and any greenhouse heating plant shall be located at least 20 feet from any lot line.
D.
On parcels of less than five acres in Agricultural Districts, the above-described restrictions shall not apply.
E.
Agricultural, horticultural and floricultural uses are prohibited entirely on parcels of less than five acres in Industrial A Districts.
A.
Accessory to residential use. The keeping of horses and/or ponies and a private stable, for personal use, are permitted as accessories to residential uses in accordance with the following conditions:
(1)
The minimum acreage required for not more than one horse, pony or stable shall be 32,500 square feet. One additional horse or pony shall be permitted for each 15,000 square feet over the minimum of 32,500 square feet of usable land area, not including the square footage for principal and accessory buildings. Foals under six months are not counted.
(2)
The location of the stable shall be not less than 100 feet from any street line, and not less than 30 feet from any side lot line, and not less than 25 feet from a rear lot line, and not less than 40 feet from any dwelling.
(3)
The area to be used for the keeping of horses and/or ponies shall have adequate fencing to contain the animal(s) within the property boundaries.
(4)
Stables, corrals and yards shall be properly drained and reasonably free from excessive odor, dust and mud, so as not to create a nuisance or health hazard, to the community or to surrounding property owners, from an air or drainage pollution standpoint.
(5)
Maintenance of the stable and property used in the keeping of horses and/or ponies shall conform to all regulations of the local Board of Health and state health authorities.
B.
Riding academies. The term "riding academies" shall be interpreted to include private club riding stables, rental and hacking stables, livery and boarding stables. Where permitted in conformance with the Use Regulations Schedule[1] (Article V), such uses shall meet the following conditions:
(1)
The minimum acreage required shall be a parcel or tract of land of at least 10 acres.
(2)
Barns, stables, riding rings, corrals and accessory facilities shall be located at least 175 feet from any side or rear lot line.
(3)
Sufficient off-street parking facilities shall be provided to accommodate all users and visitors to the property.
[1]
Editor's Note: The Use Regulations Schedule is included as an attachment to this chapter.
A.
In conformance with the provisions of Article IX, and subject to the additional requirements described herein, the special permit granting authority may approve a special permit allowing for a single-family dwelling or other suitable structure to be altered and improved and facilities added for a second housekeeping unit on a lot, in such districts where permitted under the Use Regulations Schedule included as an attachment to this chapter.
B.
The power to approve such permit for conversion to a two-family dwelling shall be within the sole discretion of the special permit granting authority, and no such permit shall be approved unless it shall be clear that the use requested is for the best interests of the vicinity and in harmony with the general purposes and intent of the bylaw. Each case shall be considered on its own merits and no case shall raise a presumption in favor of any other case.
The following noxious or dangerous uses are permitted in the Industrial B District, subject to approval of a special permit by the Planning Board acting as the special permit granting authority:
| Acetylene gas, cyanide compound or oxygen manufacture |
| Asphalt manufacture or refining |
| Chlorine or bleaching powder manufacture |
| Creosote manufacture |
| Distillation of coal or wood |
| Drop forge shop |
| Explosives, fireworks or ammunition manufacture |
| Fertilizer manufacture |
| Fumigation plants |
| Glue or size manufacture from fish or animal offal |
| Gypsum, cement, plaster or plaster of paris manufacture |
| Incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis (except where controlled by the Town) |
| Junkyard, junk storage, scrapping of autos and parts and the salvage thereof |
| Linoleum manufacture |
| Match manufacture |
| Paint and lacquer manufacture |
| Petroleum refining and the bulk storage of petroleum products |
| Pyroxylin plastic manufacture |
| Rubber, natural or synthetic, or gutta-percha manufactured from crude or scrap material |
| Sewage disposal plant (except where controlled by the Town) |
| Soap, tallow, grease or lard manufacture |
| Slaughterhouse |
| Sulphurous, sulphuric, nitric or hydrochloric acid manufacture |
| Tannery |
| Tar or asphalt roofing manufacture |
| Tar products manufacture |
| Tire recapping or retreading |
| All other enterprises or uses commonly regarded as hazardous or offensive |
In addition to all other applicable provisions of this bylaw, and any to the contrary notwithstanding, the following requirements shall be controlling within the Industrial Garden District:
A.
Ways and intersections with public ways. All ways upon any lot in an Industrial Garden District shall conform to the following design standards:
(1)
Entrances and exits to the Town's public ways shall be approved by the Planning Board based on recommendations from the Director of Public Works as to locations and construction and shall be designed to minimize potential traffic hazards.
(2)
Ways shall be laid out so as to intersect as nearly as possible at right angles. In no case shall street intersections be less than 60°.
(3)
Street lines at all intersections shall be rounded with a curve at each corner which has a radius of not less than 30 feet. When the intersection of two streets varies more than 10° from a right angle, the radius of the curve at the obtuse angle may be less, and at the acute angle shall be greater than 30 feet.
(4)
On any way where the grade exceeds 3% on the approach to the intersection, a leveling area with a slope of less than 1% shall be provided for a distance of not less than 50 feet measured from the nearest exterior line of the intersecting street.
(5)
Ways shall have a minimum width of traveled way of 30 feet. No grade shall be greater than 6% nor less than 1/2 of 0.5%.
(6)
Granite curb inlets shall be furnished at all catch basins located within the way. Bituminous concrete berms, granite or concrete curbing shall be required along street edges where grades exceed 4%, where catch basins are located, at street intersection returns and where special conditions require. Bituminous concrete berms shall be constructed with a berm machine, providing a base from eight inches to 10 inches and a height of eight inches. The height of the berm above finished gutter grade shall be a minimum of five inches.
B.
Exterior construction. The exterior facing of the front elevation and side walls of any building in the Industrial Garden District shall be finished with brick, natural or manufactured stone, terra cotta, glass, aluminum or other structural exterior material of equal durability and architectural effect.
C.
Landscaping. No less than 2/3 of the front setback and side yard areas of any building shall be provided with grass lawns, shrubbery or other appropriate landscaping.
D.
Rubbish and trash. All rubbish, trash, scrap or other waste material incident to the uses of the building occupation shall be stored within a structure compatible with the requirements of Subsection B above or in a manner which shall be sheltered from public view, provided that such material is not placed closer to the side lot lines than the sides of the principal building; and further provided that such material shall not be stored within 50 feet of the rear lot line.
E.
Flammable materials. All flammable materials stored in quantities in excess of one-hundred-gallon containers and which are required to be licensed under MGL c. 148, § 9, as amended, shall be stored below ground and below the mean grade level of the lot on which the storage is required, or otherwise suitably enclosed.
F.
General provisions. In addition to restrictions appearing elsewhere in this bylaw, no use of land in the Industrial Garden District is permitted which is unreasonably objectionable because of excessive noise, vibration, offensive odor, smoke or any other reason which may render the use or occupancy of the land and buildings a nuisance.
Public garages, automobile repair shops, greasing stations, storage battery service stations, gasoline filling stations, or any of their appurtenances or accessory uses shall hereafter be erected or placed at least 25 feet from any Residence or Agricultural District unless the spaces so used are entirely enclosed in masonry or concrete walls and have roofs without openings, except skylights having metal frames and fixed metal sash, glazed with wire glass. Such buildings shall have no entrances or exits for motor vehicles within a radius of 100 feet of any school, library, church, playground, or institution for the sick, blind or feeble, or for children under 16 years of age.
A.
Purposes. Flexible development provisions are designed to encourage:
(1)
Development of diverse and affordable housing types while preserving natural open space.
(2)
Preservation of natural open space for its scenic qualities and for its agricultural, environmental, forestry, and recreational uses.
(3)
Protection and enhancement of property values.
(4)
Housing located sensitive to a site's environmental assets and constraints.
(5)
Housing developments which minimize the construction of public infrastructure.
(6)
Maintenance of existing visual corridors and views of natural community assets (such as views of Mount Holyoke, Mount Tom, the Connecticut River, and agricultural activities).
(7)
Interaction of preserved open space with residents.
B.
Applicability. The Planning Board may permit creation of a flexible development from any parcel or set of contiguous parcels held in common ownership and located entirely with the Town of South Hadley in accordance with the provisions of this section of the Zoning Bylaw. Creation of a flexible development requires approval of a special permit and definitive subdivision plan as specified herein.
C. SINGLE-FAMILY ATTACHED HOUSING USABLE OPEN SPACE
Definitions. As used in this section, the following words and phrases shall have the meanings and intent respectively ascribed to them by this subsection. If any word or phrase conflicts with definitions specified elsewhere in the South Hadley Zoning Bylaw, the meaning and intent ascribed below shall govern:
A form of development in which each single-family residence is on a separate lot but shares one or more exterior walls common with an adjoining single-family residence.
Areas suitable for use as facilities and sites for play, tot lots, gardens, hiking/jogging trails, or similar facilities.
D.
Design process.
(1)
Flexible development is a unique approach in that it permits wide flexibility in defining the dimensional standards and density allowed for the residential development with a focus on open space and cultural space preservation. The design process outlined below is essential to achieving the purposes of the flexible development provisions of the Zoning Bylaw. Accordingly, each development plan shall be based on following the multistep design process outlined below.
(a)
Inventory and assessment of the site. As an initial step, the applicant is to inventory the existing site features giving special attention to the site's natural, scenic, and cultural resources and the interrelationships of the important features to each other.
(b)
Evaluation of site context. The next step involves an evaluation of the site in its larger context by identifying environmental, transportation, utility, drainage, and cultural elements and relationships to surrounding land uses and activities. This evaluation must include an assessment of the types and densities of adjoining developments.
(c)
Designation of preservation areas. The third step is to identify the common open space and cultural areas of the site to be preserved or enhanced. These areas should include the most important and unique resources and scenic view elements. To the extent appropriate, areas that serve to extend neighborhood and community open space networks should be included in these areas.
(d)
Delineation of development features. The fourth step is to delineate the locations/areas to be used for the development features, including, but not limited to, building sites, streets, parking areas, paths, utility infrastructure corridors, and drainage basins. This process should reflect an integrated community which is compatible with surrounding and historical development patterns.
(e)
Lot lines. If the development involves division of the property into building lots, the next step is delineation of the lot lines.
(f)
Definitive plan. The final step in the design process is preparation of the definitive plan required by the South Hadley Subdivision Regulations.[1] This plan is encouraged to be submitted as part of the special permit application but, as provided in Subsection E(2), must be submitted and approved in accordance with the South Hadley Subdivision Regulations.
(2)
As part of the public hearing process on the special permit application, applicants are to demonstrate to the Planning Board that the applicant, at a minimum, incorporated this design process in developing the proposed development plan.
E.
Procedures. Flexible development is a unique use which requires a special permit from the Planning Board. In addition to the provisions of Article IX of the Zoning Bylaw, the following provisions also apply to the flexible development application:
(1)
Concept review. While not required, applicants are encouraged to submit a concept plan for informal review by the Planning Board. Materials for this informal review shall be submitted at least 15 calendar days prior to the date of the Planning Board meeting at which the review is to be undertaken. The materials to be provided for this concept review should be sufficient to demonstrate the applicant has, on at least a preliminary basis, completed the design process detailed herein.
(2)
Subdivision plan. All flexible development projects will involve submittal and approval of a subdivision plan pursuant to the Town of South Hadley Subdivision Regulations.[2] Accordingly, the applicant must submit and obtain approval of the definitive plan either at the time of submittal of an application for the special permit or at a later date, but in accordance with the South Hadley Subdivision Regulations.
(a)
Applicants are encouraged to submit an application for definitive subdivision approval with the application for a special permit.
(b)
If an applicant submits an application for definitive subdivision approval with his/her application for a special permit, the applicant must also provide written authorization to extend the deadline for definitive plan approval to a date at least 30 days after the special permit decision is filed with the Town Clerk.
(3)
Supplemental contents. In addition to the requirements specified in Article IX and Appendix E[3] of the Zoning Bylaw, applications for a flexible development must include the following information:
(a)
Boundaries of areas subject to regulation by the South Hadley Conservation Commission.
(b)
Topographic contours (existing and proposed) at intervals of 10 feet or less.
(c)
Cultural and historic features on the property to include, but not limited to, stone walls, archeological and historic sites and structures, and significant trees.
(d)
Scenic views (as defined in § 255-10) as determined by on-site observations from public roads and vantage points within the development site.
(e)
Historic sites listed on the National Register of Historic Places or Sites.
(f)
Description of proposed dimensional standards.
(g)
Description of how the proposed development reflects compliance with the design process and design standards.
[3]
Editor's Note: Appendix E is included as an attachment to this chapter.
F.
Housing types permitted. To further the purposes of this section of the Zoning Bylaw, the Planning Board may permit the following types of residential uses:
G.
Dimensional standards.
(1)
Minimum tract size. The minimum size of tract that may be considered for a flexible development is five acres.
(2)
Internal dimensional standards. Lots and buildings without direct access to preexisting public roadways may be developed with dimensional requirements other than those of the underlying zoning district. Therefore, for lots and buildings within a flexible development without direct access to preexisting public roadways, the applicant shall propose dimensional standards including the minimum lot area, minimum lot frontage, maximum lot coverage, and minimum yard setback requirements to create building sites which differ from those specified for the underlying zoning district. These internal dimensional standards are subject to Planning Board approval. The applicant shall have the burden of demonstrating, to the Planning Board's satisfaction, that the proposed dimensional standards are appropriate for the site's natural and cultural attributes and in keeping with the purposes of this section of the Zoning Bylaw.
(3)
Perimeter dimensional standards.
(a)
For lots and buildings within a flexible development, but which abut lots or roadways adjoining the proposed development, the dimensional standards of the underlying zoning district as specified in § 255-21 of the Zoning Bylaw shall be applicable.[4]
[4]
Editor's Note: See the Dimensional Regulations Schedule included as an attachment to this chapter.
(b)
Waiver. The Planning Board may permit a vegetated buffer and/or screening fence to be provided to sufficiently screen the proposed residences from the existing developments in lieu of compliance with the underlying zoning district's dimensional standards. Where such a buffer is permitted as provided in this waiver provision, the following conditions shall apply:
[1]
The Planning Board may require the buffer area to extend around the perimeter of the subject tract.
[2]
The Planning Board may require the buffer area to be equal to or greater than double the required rear yard setback of the underlying zoning district.
[3]
Any required buffer area shall be left undisturbed and the applicant shall provide for its maintenance in perpetuity.
[4]
If the existing vegetation is inadequate to provide a visual buffer, the Planning Board may require the applicant to add vegetation sufficient to provide a buffer.
H.
Density standards. The base number of dwelling units which may be allowed or permitted in a flexible development shall not exceed the number of lots which could reasonably be permitted in the underlying zoning district in accordance with the dimensional standards specified in § 255-21 of the Zoning Bylaw.[5]
(1)
Multiple zoning districts. If the subject property is located within multiple zoning districts, the base number of dwelling units shall be based on the acreage situated in the respective zoning districts. However, the location of the approved number of dwelling units is not subject to the boundaries of the underlying zoning district.
(2)
Planning Board restrictions. Where the natural conditions (significant wetlands, floodplain, and/or steep slopes) of the subject site suggest that the base number of dwelling units as determined by the method specified in Subsection H(1) and (3) is excessive, the Planning Board may require the applicant to deduct all or a portion of the areas subject to those natural conditions from the gross acreage of the site.
(3)
Determining base number of dwelling units. The base number of dwelling units shall generally be determined by either of the following methods:
(a)
Preliminary plan. The applicant may submit a preliminary plan which demonstrates the number of dwellings which could reasonably be situated on the site subject to the underlying zoning district's dimensional requirements.
(b)
Preset method.
[1]
Multiply the gross acreage of the subject site by the following maximum density standard for the subject zoning district:
| Zoning District | Number of Units per Acre | |
|---|---|---|
| Agricultural | 0.75 or 0.90* | |
| Residence A-1 | 1.20 | |
| Residence A-2 | 2.00 | |
| Residence B | 3.25 |
| * | If the property is located within the Water Supply Protection District and lacks public water and sewer services, the lower density figure will apply. However, if the subject property is provided with public water service and either public sewer service or an alternative sewage disposal system pursuant to Subsection J(4)(b) below, the higher number of 0.90 units per acre may be used. |
[2]
Planning Board verification. However, the Planning Board may require submittal of a preliminary plan to substantiate the number of lots proposed to be used as the base number if a substantial portion of the subject property is occupied by natural features and/or easements and dimensions which restrict the number of lots which might be developed on the property.
[5]
Editor's Note: See the Dimensional Regulations Schedule included as an attachment to this chapter.
I.
Density bonuses. The Planning Board may permit density bonuses to increase the number of dwelling units beyond the base number of dwelling units as provided in Subsection H. The Planning Board shall utilize the following conditions as the bases for granting density bonuses:
(1)
Additional open space. For each additional 10% of the site (over and above the required 30%) set aside as common open space, a density bonus of one additional unit may be awarded; provided that this density bonus shall not exceed 50% of the base number of dwelling units. Vegetated areas required as buffer areas between the subject development and adjoining properties or roadways shall not qualify for this additional open space density bonus.
(2)
Affordable housing units. For developments that provide that at least 25% of the dwelling units are permanently affordable for persons with an income of no more than 80% of the median family income for the area, the Planning Board may permit a density bonus of 25% of the base number of dwelling units.
(3)
Fifty-five-and-over community. Flexible developments restricted as fifty-five-and-over communities may qualify for a bonus of 25% of the base number of dwelling units.
(4)
Limits on bonuses. Density bonuses shall be cumulative and shall not cumulatively exceed 50% of the base number of dwelling units.
J.
Site design standards.
(1)
Building and lot orientations.
(a)
Structures shall be oriented toward the street serving the premises and not the required parking areas.
(b)
Lots shall be laid out and designed, to the greatest extent feasible, to preserve and protect historic and archeological sites, farmland, wooded stream corridors, forested areas and large trees, scenic views particularly as seen from public roads, ridgelines and hilltops.
(2)
(4)
Water Supply Protection District. The Planning Board may grant a special permit to allow a flexible development in the Water Supply Protection District where the following conditions are satisfied:
(a)
Protection of water supply. The Planning Board determines that the density and design of the development will provide adequate protection for the water supply. To this end, the number of dwelling units shall be determined by the preliminary plan method stated in Subsection H(3)(a). The maximum density bonuses which may be permitted in the Water Supply Protection District pursuant to Subsection I above shall not exceed 1/2 the amount permitted outside the Water Supply Protection District.
(b)
Sewage disposal. The Board of Health grants approval for a common septic disposal system where public sewer is not available. The Planning Board may, but is not required to, permit the area occupied by such system to be included in the common open space if the Planning Board determines that inclusion of such an area in the common open space is consistent with the purposes of this section and the purposes of the common open space.
(5)
Modification of Zoning Bylaw restrictions. The Planning Board may grant waivers of the fence and parking restrictions/requirements where the Board deems it necessary to further the purposes of this section of the Zoning Bylaw.
K.
Common open space. Each flexible development shall provide for usable common open space.
(1)
Minimum required. A minimum of 30% of the parcel shown on the development plan shall be in usable open space.
(2)
Multiple parcels. The required common open space may be in multiple parcels, provided that no individual parcel shall be less than 25% of the required common open space and all of the parcels are connected via walkways, pathways, roadways, or other means of access. The portion of the connecting accessway located outside of the limits of roadway or roadway right-of-way may be included in the calculation of the area of the common open space.
(3)
Uses of common usable open space. The required common usable open space shall be used for agriculture, natural education, recreation, conservation, historic, park purposes, or a combination of such uses. Public easement purposes may also be permitted to traverse portions of the common usable open space. Only structures commonly associated with and incidental to the permitted uses shall be permitted in the common usable open space areas.
(4)
Composition of common usable open space.
(a)
While the Planning Board will make the final determination of the composition of the common usable open space, the common usable open space may include wetlands, floodplain land, and steep slopes. However, the required open space shall not be comprised exclusively of lands with such restrictions. As a general guide, no more than 50% of the required open space shall be composed of wetlands. The applicant has the burden of demonstrating that the composition of the proposed open space and its location and access further the purposes of the flexible development provisions and are appropriate for the proposed development.
(b)
The Planning Board may deny use of any surface drainage systems (such as retention and detention ponds, swales, etc.) as qualifying for the required open space.
(5)
Access from dwelling units.
(a)
A maximum number of the subject development's dwelling units compatible with good design shall abut the open space. All dwelling units shall have ready access to the common open space either physically or through internal pedestrian paths or sidewalks.
(b)
Exception. The Planning Board may grant an exception to the access requirement upon a recommendation from the Conservation Commission that the resource area is vulnerable to trampling or other disturbance and physical access should not be provided.
(6)
Accessory buildings. Structures or buildings accessory to recreation, conservation, or agriculture use may be erected but shall not exceed 5% of the area protected as common open space. Accordingly, the applicant may make provision for erection of such structures by subsequent owners of the residences; however, the aggregate size of all such structures shall not exceed the 5% rule. Further, the applicant shall make provisions for maintenance of any accessory structures or buildings (such provisions may include assignment of responsibility to a homeowners' association).
L.
Ownership of common open space.
(1)
Conveyance. The required common open space shall, at the Planning Board's election, be conveyed to:
(a)
The Town or its Conservation Commission and be accepted by the Town for park or open space use.
(b)
A nonprofit organization, the principal purpose of which is the conservation of open space.
(c)
A corporation or trust owned or to be owned by the owners of the lots or residential units within the development. If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units.
(2)
Restriction. Regardless of the ownership of the open space, any conveyance shall be subject to the conditions of the Planning Board approval of the flexible development and subject to a recorded restriction enforceable by the Town, provided that such land shall be:
(a)
Perpetually kept in an open state; and
(b)
Preserved for exclusively agricultural, horticultural, educational, or recreational purposes [except for those lands permitted to also be used for a common septic disposal system pursuant to Subsection J(4)]; and
(c)
Maintained in a manner which will ensure its suitability for its intended purposes; and
(d)
Prohibited from being further subdivided.
M.
Not subject to variance. No provision of this section, nor any project for which a special permit was granted under this section, shall be subject of a dimensional variance from the Zoning Board of Appeals. If deviations from the approved dimensional standards become necessary, the Planning Board may amend the special permit to accommodate such conditions.
A.
Fences or walls in residential districts which are more than four feet high and more than 1/4 solid, except retaining walls, shall be erected not less than three feet from any lot line.
B.
Fences, including hedges, may not be higher than three feet for a distance extending 20 feet off the street right-of-way line.
C.
Fences, except living fences, higher than six feet shall require a special permit from the Planning Board.
D.
Fences shall be of a safe, nonhazardous construction, not likely to endanger the health or safety of the public.
A.
Purpose.
(1)
It is the purpose and intent of these regulations to allow for the provision of housing at a lower cost than is possible through conventional means of construction by permitting the use of mobile homes, as defined and limited herein, in the Residence A-1, Residence A-2 and Residence B Districts.
(2)
Such use shall be subject to the requirements set forth herein in order to assure that such mobile home shall be the functional equivalent of a home built by conventional construction methods, and to assure acceptable similarity in exterior appearance between such mobile home and dwellings that have been or might be constructed under these and other lawful regulations on adjacent lots in the same districts.
B.
Standards.
(1)
Mobile homes shall be permitted in the Residence A-1 and A-2 Districts (including cluster subdivisions) and Residence B Districts only if determined by the Building Commissioner to be functionally equivalent to a home built by conventional construction methods and acceptably similar in exterior appearance to conventional housing construction. The Building Commissioner shall make such determination for a mobile home only if such home conforms to all of the following standards:
(a)
The structure shall be affixed to a permanent foundation; the exterior walls of the structure shall rest upon said foundation.
(b)
The structure shall meet the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, and shall be so certified by the manufacturer.
(c)
The minimum width of the main body of the mobile home as assembled on the site shall not be less than 24 feet (20 feet in a cluster subdivision), as measured across the narrowest portion.
(d)
The pitch of the main roof shall be not less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be 12 feet (10 feet in a cluster subdivision).
(e)
Any materials that are generally acceptable for housing built on the site may be used for exterior finish or roofing on a mobile home; provided, however, that reflection from such exterior shall not be greater than from siding coated with white gloss exterior enamel paint.
(f)
No mobile home shall have fenestration or any other features, or use colors or color combinations, that would be incompatible with other structures in a residential neighborhood in which most residences are site-built.
(2)
Said determination by the Building Commissioner shall be made prior to, and shall be required as a necessary precondition for, approval of a special permit for a mobile home by the Planning Board.
A.
The purpose of this section is to provide, through the specific provisions of the special permit process, a method of applying for the use of a structure to house professional occupants who provide useful labor, but shall not manufacture tangible goods or provide motor vehicle services.
B.
The applicant must be the proprietor of the professional business.
C.
Under these regulations, except as herein otherwise provided, an existing structure may be used or a structure constructed or altered to be used for an occupation(s) which may include, but not be limited to, the following: professional offices for a physician, funeral director, surgeon, dentist, lawyer, chiropractor, chiropodist (podiatrist), accountant, architect, psychologist or engineer, practicing individually or in a group, insurance offices, consultants, financial services, administrative offices and real estate offices.
D.
All applicants wishing to operate a qualifying professional business must apply for a special permit. In conformance with the special permit provisions of Article IX of this bylaw and subject to the additional requirements and standards described herein, the Planning Board, acting as the special permit granting authority (SPGA), may approve a special permit allowing for a professional business in such districts where permitted under the Use Regulations Schedule and according to the Dimensional Regulations Schedule, both included as attachments to this chapter
E.
The power to approve such permit for a professional business shall be within the sole discretion of the Planning Board acting as SPGA and an affirmative vote of four of its five members is required for approval. Each case shall be considered on its own merit and no case shall raise a presumption in favor of any case.
F.
The following additional conditions and restrictions shall apply to each parcel on which one or more professional business special permits are approved under these provisions:
(1)
A single sign may be permitted on each parcel. The sign may be approved for placement either flat on the building in which the professional business is located or freestanding on the parcel. Sign illumination by means of continuous indirect lighting may be permitted. The cumulative size of the sign structure permitted shall be within the discretion of the SPGA but in no case shall it exceed 16 square feet; provided, however, the SPGA may permit the area of the sign to be calculated by the area within the border of the sign and not as provided in the definition of "mobile home" in § 255-10 of the Zoning Bylaw. The Planning Board may also permit one additional sign per business (not to exceed one square foot in area) to be located on the exterior of the building.
(2)
Buildings in which the professional business is located shall, as far as practicable, resemble residential buildings in style, materials and landscaping.
(3)
The development of new structures shall be in harmony with the historic, scenic and/or agriculture/residential nature of the Town.
(4)
Adequate off-street parking as determined by the SPGA shall be provided to the patrons and the occupiers of the professional business.
(5)
Any approved special permit shall expire when the professional relinquishes the use for which the special permit was granted for a period of one year.
G.
In granting a special permit for a professional business, the Planning Board may permit the sale or rental of goods, subject to the following conditions:
(1)
Accessory use or function. The sale or rental of goods must be part of, and subordinate to, the professional business. Accordingly, the sale or rental of goods must be carried out as a subordinate or accessory use or function of the professional business.
(2)
Not a separate business entity. The sale or rental of goods may not be carried out by a business entity separate from the professional business.
(3)
Limitation on space. No more than 35% of the gross floor area, excluding storage space, shall be used for the sale or rental of goods.
(4)
Supplemental application requirement. As part of the application, the applicant shall provide a floor plan which delineates the portion of the building to be used for the sale or rental of goods.
A.
Purposes. The purpose of the Water Supply Protection District is to promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality and quantity of its water resources.
B.
Scope of authority. The Water Supply Protection District is an overlay district and shall be superimposed on the other districts established by this bylaw. All regulations of the Town of South Hadley Zoning Bylaw applicable to such underlying districts shall remain in effect, except that where the Water Supply Protection District imposes additional regulations, such regulations shall prevail.
C.
District delineation.[1]
(1)
The Water Supply Protection District is herein established to include all lands within the Town of South Hadley lying within the primary and secondary recharge areas of groundwater aquifers and watershed areas of reservoirs which now or may in the future provide public water supply. The map entitled "South Hadley Water Protection Area" 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.
[1]
Editor's Note: See the Water Supply Protection Overlay District Map included as an attachment to this chapter.
D.
Permitted uses. The following uses are permitted within the Water Supply Protection District, provided that they comply with all applicable restrictions in this bylaw, including but not limited to Subsections E through H:
(1)
Single-family residences, provided that where not serviced by public sewer, lot size shall be 10,000 square feet of lot area per bedroom or 40,000 square feet, whichever is greater. For cluster development, minimum lot size may be calculated on a net density for an entire development, which includes individual lots and common open space of varying size. Where serviced by public sewerage, minimum residential lot size shall comply with the residential requirement of the underlying district.
(2)
Residential accessory uses, including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems.
(3)
Agricultural uses such as farming, grazing and horticulture.
(4)
Forestry and nursery uses.
(5)
Outdoor recreational uses, including fishing, boating and play areas.
(6)
Conservation of water, plants and wildlife.
(7)
Wildlife management areas.
(8)
Other earth removal, extraction, and/or fill activities and earth removal, excavation, and/or fill activities as defined in § 255-84 for which a permit from the Building Commissioner is not required due to the activity being part of an exempt development under § 255-84A(2), and the associated excavation/earth removal shall not be nearer than 10 feet from the seasonal high groundwater.
[Amended 5-8-2019 ATM by Art. 23]
E.
Prohibited uses. The following uses are prohibited within the Water Supply Protection District:
(1)
Business and industrial uses, not agricultural, including but not limited to metal plating, chemical manufacturing, wood preserving, furniture stripping, dry cleaning and auto body repair, which generate, use, treat, process, store or dispose of hazardous wastes, except for the following:
(a)
Very small quantity generators of hazardous waste, as defined by 310 CMR 30.00, which generate less than 20 kilograms or six gallons of hazardous waste per month may be allowed by special permit in accordance with Article IX of this bylaw;
(b)
Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390;
(c)
Waste oil retention facilities required by MGL c. 21, § 52A; and
(d)
Treatment works approved by the Massachusetts Department of Environmental Protection and designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground and surface waters.
(2)
Business or industrial uses, not agricultural, which dispose of process wastewaters on-site.
(3)
Trucking terminals, bus terminals, car washes, motor vehicle gasoline sales, automotive service and repair shops, commercial fuel oil storage and sales.
(4)
Solid waste landfills, dumps, auto recycling, auto graveyards, junk and salvage yards, landfilling or storage of sludge and septage, with the exception of the disposal of brush or stumps.
(5)
Storage of liquid petroleum products of any kind, except for the following:
(a)
Storage which is incidental to: 1] normal household use and outdoor maintenance or the heating of a structure; 2] waste oil retention facilities required by MGL c. 21, § 52A; 3] emergency generators required by statute, rule or regulation; or 4] treatment works approved by the Massachusetts Department of Environmental Protection designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters; provided that such storage shall be in a freestanding aboveground container within a structure or within the basement of a structure, within a diked, impermeable area sufficient to contain the volume of the tank plus 10% to prevent spills or leaks from reaching groundwater, and provided that the storage tank and piping must comply with all applicable provisions of 527 CMR 1.00, the Massachusetts Board of Fire Prevention regulations.
(b)
Replacement of storage tanks or systems for the keeping, dispensing or storing of gasoline, which existed at the time of adoption of this bylaw, provided that:
[1]
All such replacement storage tanks or systems shall be located underground as required by Massachusetts Board of Fire Prevention regulations 527 CMR 14;
[2]
All such storage systems be protected by one of the secondary containment systems specified in Massachusetts Board of Fire Prevention regulations 527 CMR 9.08(3);
[3]
The head of the respective 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 in accordance with 527 CMR 9.26(4)(d). Replacement of all other storage tanks for liquid petroleum products other than gasoline must be above ground in accordance with Subsection E(5)(a).
(6)
Outdoor storage of salt, deicing materials, pesticides or herbicides.
(7)
Dumping or disposal on the ground, in water bodies, or in residential septic systems of any toxic chemical, including but not limited to septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane, or other household hazardous wastes. (See the list of prohibited chemicals at the Board of Health or Town Clerk's office.)
(8)
Stockpiling and disposal of snow or ice removed from highways and streets located outside of the Water Supply Protection District that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
(9)
Wastewater treatment works subject to 314 CMR 5.00 (those treatment works which discharge over 15,000 gallons per day to the ground), except the following:
(a)
The replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s);
(b)
The replacement of an existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);
(c)
Treatment works designed for the treatment of contaminated ground or surface waters subject to 314 CMR 5.00.
F.
Restricted uses. The following uses are restricted within the Water Supply Protection District:
(1)
Excavation for removal of earth, loam, sand, gravel and other soils or mineral substances shall not extend closer than five feet above the historical high groundwater table (as determined from on-site monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, whichever is higher). A monitoring well shall be installed by the property owner to verify groundwater elevations. This subsection shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal.
(a)
The access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.
(b)
Upon completion of earth removal operations, all altered areas shall be restored with topsoil and vegetative plantings. All fine materials, such as clays and silts, removed as part of the earth removal operation and leftover as by-products shall be disposed of off-site to prevent damage to aquifer recharge characteristics.
(2)
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 which may be closed to the public in winter.
(3)
The storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads shall be covered and located on a paved surface, with berms, within a structure designed to prevent the generation and escape of contaminated run-off leachate.
(4)
Fertilizers, pesticides, herbicides, lawn care chemicals or other leachable materials for agricultural and/or commercial applicator use shall be used in conformance with the Massachusetts Pesticide Control Act, MGL c. 132B, regulations promulgated by the Massachusetts Pesticide Bureau (333 CMR 1 through 14), and the manufacturer's label instructions. All other reasonable precautions to minimize adverse impacts on surface and groundwater should be used.
(5)
Fertilizers, pesticides, herbicides, lawn care chemicals and other leachable materials for non-agricultural and non-commercial applicator use shall be used in accordance with the Lawn Care Regulations of the Massachusetts Pesticide Board 333 CMR 10.03 as amended, according to the manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface and groundwater.
(7)
The storage of commercial fertilizers and soil conditioners shall be within structures that prevent the generation and escape of contaminated run-off or leachate.
(8)
To the extent feasible, all new permanent animal manure storage areas shall be covered and/or contained to prevent the generation and escape of contaminated run-off or leachate.
(9)
All liquid hazardous materials, as defined in MGL c. 21E, must be stored either in a freestanding container within a building or in a freestanding container above ground with protection to contain a spill the size of the container's total storage capacity.
G.
Drainage.
(1)
For commercial and industrial uses, to the extent feasible, run-off from the impervious surfaces shall be recharged on the site by being diverted toward areas covered with vegetation for surface infiltration. Such run-off shall not be discharged directly to rivers, streams or other surface water bodies. Dry wells shall be used only where other methods are infeasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination.
(2)
All recharge areas shall be permanently maintained in full working order by the owner(s).
H.
Special permit uses.
(1)
Uses allowed by special permit. The following uses may be allowed by special permit obtained from the Planning Board:
(2)
Requirements for special permit in the Water Supply Protection District.
(a)
The applicant shall file six copies of a plan prepared by a qualified professional with the special permit granting authority. In addition to those rules and regulations contained in the special permit application (Form SP[3]), the plan shall include:
[1]
Drainage recharge features and provisions to prevent loss of recharge.
[2]
Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.
[3]
Editor's Note: A copy of Form SP is included as an attachment to this chapter.
(b)
In addition, the applicant shall provide, at a minimum, the following information where pertinent:
[1]
A complete list of chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.
[2]
Those businesses using or storing such hazardous materials shall file a hazardous materials management plan with the Planning Board, Fire Chief and Board of Health, which shall include:
[a]
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage.
[b]
Accidental damage, corrosion, leakage or vandalism, including spill containment and clean-up procedures.
[c]
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.
[d]
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.
(3)
Additional procedures for special permits in the Water Supply Protection District:
(a)
The special permit granting authority shall follow all special permit procedures contained in Article IX of this bylaw. In addition, the special permit granting authority shall distribute copies of all application materials to the Board of Health, the Conservation Commission and the Water Commissioners, each of which shall review the application and, following a vote, shall submit recommendations and comments to the special permit granting authority. Failure of boards to make recommendations within 35 days of distribution of the applications shall be deemed to be lack of opposition.
(b)
The special permit granting authority may grant the required special permit only upon finding that the proposed use meets the following standards and those specified in Article IX of this bylaw. The proposed use must:
[1]
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Supply Protection District; and
[2]
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed.
(c)
The special permit granting authority 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 positive findings in relation to the standards given in this section.
I.
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 bylaw may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that there is a finding by the Planning Board that such change does not increase the danger of surface or groundwater pollution from such use.
The Planning Board may issue a special permit allowing for the reduction of the frontage requirement for lots in Residence A-1, Residence A-2 and Agricultural Districts when such lot having less than the required frontage can substitute increase square footage and is to be used for a single dwelling unit only, provided said lot has:
A.
Access strip frontage on an existing public way of at least 50 feet;
B.
Access strip width from the front lot line to the principal structure of at least 50 feet;
C.
At least double the minimum lot area normally required for that district, exclusive of the access strip;
D.
An access strip that is accessible having a maximum length not exceeding 400 feet;
E.
A minimum distance between two flag lot rights-of-way that is equal to or greater than the minimum lot frontage in that zoning district;
F.
An appropriate easement delineated on the plot plan and on the deeds to the lots, including a clear provision for the responsibility for the maintenance of the access strip, utilities (if any) and snow removal, running with the land. Said easements shall:
G.
In the opinion of the Planning Board, acceptable design grade, length and location of the access drive shall be of suitable construction for the access and, where applicable, the turnaround for vehicles, including moving vans, ambulances, fire and police;
H.
An access driveway within the privately owned access strip that is so drained as to prevent damage or hazard to abutting properties or public trees and shall be paved with bituminous asphalt, concrete, compacted gravel or similar paving material;
I.
Been created from one lot which was in existence at the time of the adoption of this flag lot bylaw amendment, which conforms to all of the provisions of the Zoning Bylaw, and which does not have sufficient frontage to create an additional lot with the normal frontage requirements;
J.
An access drive that is located, constructed and maintained a distance of no closer than 10 feet to any abutting property line;
K.
No parking areas or aboveground structures within the access strip;
L.
A conifer buffer zone between any flag lot and abutting lots sufficient to provide privacy between the two lots when required by the Planning Board;
M.
Plans submitted to the Board that have been prepared by a registered land surveyor or engineer and may be subject to Chapter 360, Article V, Subdivision Regulations submission standards. The plans shall also contain the statement: "Lot [fill in lot number] is a flag lot; building is permitted only in accordance with the special Permit flag lot provisions of the South Hadley Zoning Bylaw";
N.
The flag lot frontage (see Appendix A[1]) that is a minimum of 150 feet in the Agricultural District and 125 feet in both the Residence A-1 and A-2 Districts, measured parallel to the existing street line from which access is derived. The flag lot building front setback line is to be measured from the point where the flag lot frontage has been satisfied. The side and rear setbacks are as listed in the Table of Dimensional Regulations[2] for the district the flag lot is permitted in; and
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
O.
An access strip that begins at the existing street line and ends where the flag lot frontage width has been satisfied. Acceptable examples are shown as Illustrations Type 1-2 in Appendix A.
The Business C District is established to provide a comprehensive set of development methods to be applied in the commercial district, and to recognize the specific characteristics of the associated highway corridor. A performance guarantee may be required as a condition of approval for either special permit or site plan review projects. A special municipal account may be required as determined by the Planning Board.
A.
Purposes. The Business C District is established to achieve the following objectives of the Town of South Hadley:
(1)
To direct large-lot businesses and auto-oriented uses to the appropriate location. No single user may occupy greater than 65,000 square feet of building space and high-traffic generators such as drive-through restaurants, drive-up ATM machines, gas stations, etc. shall not be permitted in this district.
(2)
To provide safe, efficient traffic flow in the Business C District.
(3)
To maintain a high level of design and landscaping quality.
(4)
To provide safe pedestrian access to businesses and uses in the Business C District.
(5)
To protect property values through quality control.
B.
Uses permitted with site plan approval or by special permit. Uses permitted with site plan review or by special permit in the Business C District are listed in the Table of Use Regulations included as an attachment to this chapter.
C.
Density and dimensional requirements. All developments and uses within the Business District must conform to the density and dimensional requirements in Article VI.[1]
[1]
Editor's Note: The Table of Dimensional Standards is included as an attachment to this chapter.
D.
Commercial development performance standards. In order to receive site plan approval or a special permit, all projects must demonstrate compliance with the commercial development performance standards herein.
(1)
Parking standards. Proposed uses must comply with parking and off-street loading regulations in § 255-86 and the following:
(2)
Appearance; architectural design standards.
(a)
Architectural design shall be compatible with the character and scale of buildings in the Town through the use of appropriate 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. The Planning Board may take into consideration whether exterior building facades and materials are consistent with South Hadley's character. The Planning Board may consider whether the roofline is peaked, or is otherwise consistent with the Town's character. Large work area doors or loading docks shall not open toward or face roadways.
(b)
The Planning Board may adopt such regulations as may be necessary to further specify design standards.
(4)
Access standards. Applicants for projects or uses within the Business C District must demonstrate that the project or use will minimize traffic and safety impacts on highways.
(a)
The number of curb cuts on state and local roads shall be minimized. To the extent feasible, access to businesses shall be provided via the following:
(b)
Only one curb cut per lot shall be allowed. Additional curb cuts may be permitted by the Planning Board as part of the site plan review process.
(c)
Curb cuts shall be limited to the minimum width for safe entering and exiting and will not normally exceed 24 feet in width per lane.
(d)
All driveways shall be designed to afford motorists exiting to highways with safe sight distance.
(e)
Adequate pedestrian and bicycle access shall be provided as follows: Sidewalks shall be provided to enable pedestrian access to adjacent properties between individual businesses within a development. The appropriate authority may waive this requirement in a case where such action is in the public interest and not inconsistent with the purposes stated in Articles IX and XII.
(5)
Landscaping and screening standards.
(a)
Large parking areas shall be subdivided with landscaped islands so that no paved parking surface shall extend more than 80 feet in width. One tree (minimum two-inch caliper) per 30 parking spaces shall be provided within the area.
(b)
Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or all or fencing complemented by evergreen plantings. Evergreen plants must be at least two feet tall at planting with the capacity to grow to full screening of the unsightly use. Plantings must be four feet at planting when abutting a residential zone.
(c)
All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one growing season.
(d)
Completion of the landscaping requirements may be postponed for a period not to exceed six months from the time of project completion due to winter weather conditions.
(e)
A landscaped buffer strip at least 15 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium-height shrubs, and shade trees (minimum two-inch caliper, planted at least every 50 feet along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard. The sidewalk shall be incorporated into the buffer strip.
(6)
Pedestrian standards. Sidewalks shall be provided to provide access to adjacent properties and between individual businesses within a development.
(7)
Traffic impact statement.
(a)
A traffic impact statement shall be prepared, which shall contain:
[1]
Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on site and within 100 feet of the site.
[2]
A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersections.
(b)
An additional traffic impact statement shall be prepared for individual structures that are greater than 10,000 square feet. It shall contain:
[1]
A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or carpooling, or other appropriate means.
[2]
An interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.
(8)
Public transportation. The Planning Board and the applicant shall request the Pioneer Valley Transit Authority (PVTA) to locate a bus stop on the premises or within 1/4 mile of the development.
A.
The purpose of the public-private recreation use within the Industrial Garden District is to permit land uses for the development of recreationally related facilities designed to serve the general public preserve and enhance areas of natural scenic beauty, including mountain views, ridges, exceptional vistas, and related natural resources.
B.
Public-private recreation use is a use in the Industrial Garden District that may be permitted, subject to compliance with the mandatory standards, conditions and requirements for a special permit and site plan review as well as the conditions set forth in this section. Such recreational use may include, but not be limited to, the following uses and any approved combination thereof:
(1)
Outdoor athletic activities, including facilities for skating, skiing, sledding, swimming, and tennis and related activities.
(2)
A golf course as a principal recreational use and putting greens and driving ranges accessory uses to the principal recreational use.
(3)
Equestrian trails.
(4)
Outdoor picnic facilities, including appropriate sheds and outdoor fireplaces.
(5)
Social and recreational facilities for dining and dancing, including banquets, meetings, receptions, assemblies and entertainment, provided that such activities are accessory to and a part of a principal recreational use.
(6)
Retail shops accessory or incidental to the principal recreational use.
(7)
Other publicly owned facilities or other facilities designed for the benefit of the general public.
C.
Design and operating criteria governing the location and construction of improvements, buildings and facilities shall include the following:
(1)
A landscaped buffer strip shall separate the recreational activities from any abutting property.
(2)
All parking shall be regulated as prescribed in § 255-86, and golf courses shall have an additional minimum of 10 parking spaces per hole of golf or parking facilities equal to 60% of the serving facilities, whichever is greater.
(3)
The volume of sound from music and public address systems and recreational motor vehicles shall be so controlled as to prevent objectionable noise off the premises.
(4)
Banquets, meetings, stage presentations and dancing shall be held inside a structure, but this shall not prevent presentation outside a structure of athletic exhibitions or contests or theatrical performance.
(5)
Artificial lighting of a golf course or golf practice area is specifically prohibited.
There are two categories of bed-and-breakfast facilities which may be permitted in South Hadley: bed-and-breakfast homes and bed-and-breakfast inns. Both categories of facilities require a special permit as noted in the Use Regulations Schedule included as an attachment to this chapter.
A.
Bed-and-breakfast homes.
(1)
The Planning Board may issue a special permit for a bed-and-breakfast home that is an existing owner-occupied single-family dwelling (including existing accessory structures located on the property) in which the resident or residents of the dwelling provide overnight lodging to paying guests in a maximum of three guest bedrooms located within the dwelling. No person may occupy said room or rooms more than 14 days in any thirty-day period. The home shall function as a private home with house guests.
(2)
In addition to the special permit requirements in Article IX of this bylaw, the following bed-and-breakfast requirements must be met as a condition of approval:
(a)
No cooking facilities are permitted in any guest room; and
(b)
There shall be no substantial change to the exterior of the building; and
(c)
One parking space shall be provided for each room to be occupied by bed-and-breakfast lodgers in addition to the parking required under § 255-86; and
(d)
If such facility is to be served by an existing on-site septic system, the owner shall obtain a letter from the Board of Health that the sewage disposal system is adequate for the proposed use; and
(f)
Breakfast shall be the only meal prepared for and served rooming guests in the bed-and-breakfast home; but the bed-and-breakfast home may also provide a "box lunch" for the rooming guests. Rooming guest occupants are provided at least one daily meal as part of their occupancy. No meals are to be provided for a fee to persons not residing in the bed-and-breakfast home.
(g)
Bed-and-breakfast homes or bed-and-breakfast inns may only be permitted for those structures existing as of May 10, 2014.
(3)
Plan requirements. Plans for a bed-and-breakfast home shall be prepared by a registered architect, registered landscape architect or engineer and shall show the following, together with appropriate dimensions:
(a)
Proposed name of the bed-and-breakfast home;
(b)
Location by legal description;
(c)
Name and address of applicant and designer of the plan;
(d)
Scale of the plan, one inch equals 40 feet or larger;
(e)
Date, North arrow, contours at two-foot intervals;
(f)
Boundary line of property indicated by a solid line, and the total acreage encompassed thereby;
(g)
Bed-and-breakfast homes using private water wells shall provide a certificate of good water quality from the Board of Health.
(4)
Owner-occupancy requirement.
(a)
In the event the property is owned by multiple persons, related or unrelated, only one of the persons having an ownership interest in the property must reside in the residence to satisfy the requirement that the property be owner-occupied.
(b)
In the event the property is owned by a business entity, the Planning Board must require the entity to designate a person to reside in the residence on a permanent or ongoing basis to carry out the functions as if they were the owner of the property relative to this section of the Zoning Bylaw.
B.
Bed-and-breakfast inn.
(1)
The Planning Board may issue a special permit for a bed-and-breakfast inn that is an existing structure in which the resident or residents of the dwelling provide overnight lodging to paying guests in a maximum of 10 guest bedrooms located within the building. No person may occupy said room or rooms more than 14 days in any thirty-day period. The inn shall function as a private home with house guests.
(2)
Except as provided in the subsections below, the provisions of Subsection A(2), (3) and (4) of this section shall also apply to a bed-and-breakfast inn:
(a)
References to "bed-and-breakfast home" are to be read as "bed-and-breakfast inn."
(b)
Bed-and-breakfast inns may be permitted for up to 10 guest rooms. Up to 10 rooms may be permitted at a bed-and-breakfast inn only in the South Hadley Falls Overlay District and up to five rooms may be permitted along Routes 116 and 202.
(c)
Bed-and-breakfast inns shall be connected to the Town's sanitary sewer system.
(d)
Parking requirements may be waived if the bed-and-breakfast inn is located within the Falls Overlay District and alternative parking arrangements are satisfactorily provided, including available on-street parking
(e)
If the Planning Board waives any of the off-street parking requirements, the Planning Board must determine that the number of guest rooms and the parking arrangements will not be detrimental to the neighborhood in which it is located.
(3)
Bed-and-breakfast inns may only be permitted for properties abutting Route 116 or Route 202 and properties within the South Hadley Falls Overlay District.
A.
Purposes. The purposes of the wireless communications regulations are to:
(1)
Provide reasonable, nondiscriminatory standards and procedures under which adequate and necessary wireless communications facilities may be permitted, developed and maintained; and
(2)
Ensure that permitting wireless communications facilities will be in harmony with the Zoning Bylaw and the character and appearance of the surrounding community; and
(3)
Protect the community's scenic, historic, and environmental resources; and
(4)
Locate wireless communications facilities such that their location does not have negative impacts (such as, but not limited to, visual blight, attractive nuisance, noise and falling objects) on the general safety, welfare and quality of life of the community; and
(5)
Encourage co-location of wireless communications facilities to the maximum extent possible; and
(6)
Provide for the development of freestanding wireless communications towers to the extent necessary to enable the providers of wireless communications services to provide adequate coverage throughout the community, yet limit the number of such towers to the minimum amount needed for such services.
B.
Consistency with federal and state laws. The wireless communications regulations are intended to be consistent with the Telecommunications Act of 1996 and applicable state laws in that:
(1)
The regulations do not prohibit or have the effect of prohibiting the provision of wireless communications services; and
(2)
The regulations are not intended to be used to unreasonably discriminate among providers of functionally equivalent wireless communications services; and
(3)
The regulations do not regulate wireless communications services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.
C. ALTERNATE TOWER STRUCTURE ANTENNA(S) ANTENNA, WIRELESS COMMUNICATIONS CARRIER CO-LOCATION ELEVATION EQUIPMENT SHELTER FAA FACILITY SITE FCC FIRE DISTRICT HEIGHT OF WIRELESS COMMUNICATIONS FACILITY MUNICIPAL ENTITY PROVIDER TOWER TOWER, GUYED TOWER, LATTICE TOWER, MONOPOLE TOWER, WIRELESS COMMUNICATIONS WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS FACILITY, PREEXISTING WIRELESS COMMUNICATIONS SERVICES
Definitions. As used in the wireless communications regulations, the following words and phrases shall have the meanings and intent respectively ascribed to them by this section. If any word or phrase conflicts with definitions specified elsewhere in the South Hadley Zoning Bylaw, the meaning and intent ascribed below shall govern:
A building or structure which was not primarily erected or used for wireless communications services but, with minor modifications, including addition of antennas, may be usable for wireless communications services in addition to the structure's primary use. Examples of alternate tower structures include, but are not limited to, municipal buildings, water tanks, silos, church steeples, etc.
A device or surface area which is attached to or part of a tower or alternate tower structure for the purpose of transmitting and/or receiving electromagnetic signals for wireless communications. Also referred to as "wireless communications antenna."
See "antenna."
See "provider."
Use of a single tower by more than one carrier.
The measurement of a point in reference to feet above mean sea level.
A structure located at a wireless communications tower or alternate tower structure to house equipment used in connection with wireless communications transmissions to and from antennas located on the tower.
The Federal Aviation Administration.
The parcel of land used by one or more carriers and upon which one or more wireless communications facility(-ies) and related equipment, equipment shelter, and landscaping are located.
The Federal Communications Commission.
South Hadley Fire District 1 and/or South Hadley Fire District 2, inclusive of the Water Departments associated with the Fire Districts.
The vertical distance between the highest point of the wireless communications facility (inclusive of the wireless communications tower and any antennas, poles, and any other equipment which may extend above the wireless communications tower) and the lowest point of the grade of the ground at the facility site. The grade of the ground is to be determined at a distance within 10 feet of the wireless communications tower's perimeter unless the Planning Board determines a different basis for said measurement is more appropriate. Thus, the "height" of wireless communications facilities will not fall within the definition of "height" as provided in Article III of the Zoning Bylaw.
Includes the Town of South Hadley, South Hadley Fire District Number 1, and South Hadley Fire District Number 2 and any department under the jurisdiction and authority of any of these three entities.
An entity that provides wireless communications services. Also referred to as "carrier."
A structure erected for the purpose of wireless communications services and on which antennas or other wireless communications devices and associated equipment are placed for the purpose of wireless communications services. Also referred to as "wireless communications tower."
A tower that is tied to the ground or other surface by cables which are typically in a diagonal alignment.
A tower that is self-supporting with multiple legs and cross bracing of structural steel.
A tower that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for antennas arrayed at the top and/or intermediate positions along the length of the tower.
See "tower."
All equipment with which a carrier transmits and receives the radiofrequency waves which carry its services and all locations of said equipment or any part thereof (including, but not necessarily limited to, a wireless communications tower, alternate tower structure, wireless communications antennas, and related equipment and structures).
A wireless communications facility in existence prior to the adoption of the wireless communications regulations as part of the Zoning Bylaw by the Town Meeting.
Commercial mobile services, unlicensed wireless services, and common-carrier wireless exchange access services. These services include cellular services, personal communications services (PCS), enhanced mobile radio services, paging services (PS), and similar such services.
D.
Exempted uses. The following wireless communications facilities are specifically exempted from the provisions of the wireless communications regulations:
(1)
Police, fire, ambulance, antennas and associated towers and equipment for the internal use of either the Town's DPW or either Fire District and other similar emergency dispatch; and
(2)
Citizens band radio; and
(4)
Satellite dishes and antennas for noncommercial residential use and/or for noncommercial educational use.
E.
Location criteria.
(1)
Existing towers and alternate tower structures. To the extent feasible, antennas are to be located on existing towers and existing alternate tower structures.
(2)
Spacing. No wireless communications tower shall be located closer than one mile to any other such tower, except as provided below. The spacing distance shall be measured as the shortest distance between two points as if on a flat topography.
(3)
Historic and residential properties. No wireless communications tower shall be located closer than 300 feet to any property (1) listed on either the State or National Register of Historic Places or (2) developed as part of a residential subdivision for which a definitive plan was approved by the South Hadley Planning Board, except as may be waived by the Planning Board as provided below.
(4)
Elevation. No portion of any wireless communications facility may exceed the elevation level of 400 feet above mean sea level, except as may be waived by the Planning Board as provided below.
(5)
Holyoke range area. No wireless communications tower or related equipment may be located within the area bounded as follows: the Towns of Hadley and Amherst to the north; the Town of Hadley and Route 47 to the west; Route 47 and Pearl Street to the south; and Route 116 (north of Pearl Street) and the Town of Granby to the east.
(6)
Waiver for wireless communications antennas on alternative tower structures. In unique circumstances where the Planning Board makes findings as to technical necessity, topographic conditions, community benefit, and/or special conditions which protect the surrounding properties and community assets, and that a waiver is consistent with the purposes of this section, the Planning Board may grant a waiver of one or more of the location criteria specified within this subsection for location of wireless communications antennas on alternate tower structures.
(7)
Waiver for wireless communications towers. In unique circumstances where the Planning Board makes findings as to technical necessity, unique topographic conditions, community benefit, and/or special conditions which protect the surrounding properties and special community aesthetic assets (such as, but not limited to, views of the Holyoke Range), and finds that a waiver is consistent with the purposes of this section, the Planning Board may grant a waiver of the selected location criteria listed below as they relate to location of wireless communications towers, subject to the limitations stated herein:
(a)
Spacing between wireless communications facilities as stated in Subsection E(2) of this subsection; provided, however, the spacing shall not be reduced to less than one-half mile.
F.
Design and siting requirements, general. All wireless communications facilities must be designed, developed, and operated in accordance with the following requirements:
(1)
Co-location. Towers must be designed, developed, and equipped, and leases for use of such structures must provide authority, to allow for co-location of as many carriers as technically feasible.
(2)
Equipment shelter.
(a)
An equipment shelter not exceeding 400 square feet in area per carrier located on the tower and not exceeding 14 feet in height may be provided at each tower or alternate tower structure. However, the Planning Board may impose special conditions to reduce the maximum size of the equipment shelter at a particular facility site if it determines such conditions are necessary to fulfill the aesthetic purposes of the Zoning Bylaw or these wireless communications regulations.
(b)
To the extent practicable, the related equipment shelter shall be contained within or adjacent to the existing wireless communications tower or alternate tower structure or within an addition to such wireless communications tower or alternate tower structure, the facade of which is compatible with the existing wireless communications tower or alternate tower structure.
(3)
Security. All wireless communications facilities shall be protected, by fencing and/or other appropriate means, against unauthorized access.
(4)
Parking.
(a)
There shall be a minimum of one parking space at each wireless communications facility. Parking at such facility shall be used solely in connection with the maintenance of the wireless communications facility and is not to be used for the permanent storage of vehicles or other equipment.
(b)
Exception. The Planning Board may grant an exception to the parking requirement when the wireless communications facility involves use of an alternate tower structure and the Planning Board determines that other parking at the facility site satisfactorily meets the parking need for the wireless communications facility.
(5)
Signage.
(a)
The only signs associated with the wireless communications facility which may be permitted are the following:
[1]
Identification sign: one identification sign identifying the wireless communications facility and detailing the owner, operator, and an emergency telephone number where the owner or its emergency representative can be reached on a twenty-four-hour basis.
[2]
"No trespassing" signs. Such signs are required.
[3]
FCC registration: a sign displaying the FCC registration number.
[4]
Warning sign. Signs are required to warn of danger.
(b)
No sign should be larger than four square feet in area unless state or federal regulations require larger signs.
(6)
Screening.
(a)
A landscape buffer of evergreen shrubs or trees shall be provided in a manner to screen views of any equipment shelter and fencing from adjoining property. The shrub or tree plantings shall mature to a height equal to the level of the equipment shelter height or fence (whichever is greater). At planting, the shrubs or trees shall be at least six feet in height and spaced such that the plantings reasonably screen the equipment shelter while providing opportunity for the vegetation to mature and be maintained. All landscape plantings must be continually maintained.
(b)
Exceptions. The Planning Board may grant exceptions to the screening specifications outlined herein where:
(7)
Radiofrequency effect. All wireless communications facilities shall be operated only at FCC-designated frequencies, power levels, and standards. Upon request by the Planning Board, providers and applicants shall provide certification that the maximum allowable frequencies, power levels, and standards will not be exceeded.
G.
Design and siting requirements for wireless communications towers. Wireless communications facilities involving erection of new wireless communications towers must be designed, developed, and operated in accordance with the following requirements:
(2)
Height. All wireless communications towers shall be constructed to the minimum height necessary to accommodate the anticipated usage. Towers designed for one provider shall be limited to the lesser height of 200% of the maximum height allowed in the zoning district in which it is to be located or a height of 130 feet. If no maximum height is specified for the zoning district, the maximum height shall not exceed 130 feet. When calculating the height, the measured distance shall be inclusive of all planned antennas and other attached features.
(a)
Exceptions. The Planning Board may grant an exception to the height limit for wireless communications towers designed for co-located facilities. In such situations, the Board may allow the tower height to be increased by an additional 20 feet for each additional provider up to a total tower height not to exceed a maximum of 220 feet. Further, the Planning Board may grant exceptions to the height restriction in unique circumstances only upon making findings:
[1]
As to technical necessity;
[2]
As to unique topographic conditions;
[3]
As to community benefit;
[4]
As to special conditions which protect the surrounding properties and special community aesthetic assets (such as, but not limited to, views of the Holyoke Range); and
[5]
That an exception is consistent with the purposes of this section and the Zoning Bylaw.
(b)
Exemption. These height limits shall not apply to towers for government or emergency telecommunications to the extent such height is essential to serve the government or emergency telecommunications use.
(c)
Justification required. The height limits stated within this Subsection G(2) do not convey an entitlement to any specific height. Rather, as provided in Subsection K, all applications for wireless communications towers must include technical evidence to justify the need for the proposed height, including any height exceptions being requested. The Planning Board, when acting on a special permit, shall specify the maximum allowable height, inclusive of all planned wireless communications antennas, to be allowed for the proposed facility up to the limits outlined above.
(3)
Setbacks.
(a)
(b)
Waivers.
[1]
The setback requirement from property zoned Residential A-1, A-2, B, or C may be waived if the Planning Board grants a waiver of the setback provision specified in Subsection E(3) pursuant to Subsection E(7)(b). In such instance, the extent of the waiver so granted shall govern as the required setback.
[2]
Waiver of setback from nonresidential properties. The Planning Board may grant a waiver of the setback requirement specified in Subsection G(3)(a)[2] as the setback applies to adjoining properties not zoned Residential A-1, A-2, B, or C or used for residential purposes.
[3]
Limitations on setback waivers. No setback waiver shall permit any wireless communications tower to be located nearer than 0.5 foot for each foot of height of the structure.
(4)
Pre-engineered fault. All wireless communications towers shall be pre-engineered to "fold at a predetermined height" in the event of catastrophic failure. The height of this predetermined point of fold shall be specified as part of the special permit application. The purpose of this "pre-engineered fault" is to ensure that, in the event of a catastrophic failure, the wireless communications tower shall remain on the parcel on which the tower was permitted. Recognizing that technology changes over time, the Planning Board may permit the applicant to utilize an alternative means of achieving the purpose of the "pre-engineered fault," provided the Board determines that this alternative means is at least as equally effective for achieving this purpose.
(5)
Style of towers. Lattice towers and any guyed towers shall not be permitted unless the applicant shall demonstrate to the Planning Board's satisfaction that such tower shall be no more visually blighting or intrusive than a monopole structure at the same location. Accordingly, applicants proposing to construct a tower other than a monopole shall submit appropriate plan documents as part of the special permit application sufficient to allow the Planning Board to make a decision as to whether to grant a special permit allowing a tower other than a monopole-style tower. To grant a special permit for a tower other than a monopole-style, the Planning Board shall make a finding that the style of tower proposed is appropriate for the site and is no more detrimental to the visual character of the area than a monopole.
(6)
View. Wireless communications towers shall not be permitted in such locations as to adversely impact the community. Accordingly,
(a)
Such towers shall be sited in such a manner that the view of the tower (inclusive of all antennas and related attached features) from adjacent properties, residential neighbors, adjacent roadways, and other areas of Town shall be as limited as possible; and
(b)
Such towers shall be painted, colored, and/or constructed of materials that minimize the visual impact of the tower on adjacent abutters, residential neighbors, and other areas of Town; and
(c)
The Planning Board may impose such conditions as it deems reasonable on the special permit so as to achieve the aforestated standards and objective. Such conditions may include, but need not be limited to, painting and lighting standards, reduction in height, increased setbacks, and/or increased screening.
(7)
Preservation of vegetation. Existing on-site vegetation shall be preserved to the maximum extent practicable.
(8)
Lighting. Except as required by the FAA, wireless communications towers shall not be artificially lighted.
H.
Design and siting requirements for wireless communications antennas. Wireless communications antennas attached to towers and/or alternate tower structures must conform to the following requirements:
(2)
Height. The wireless communications antennas may only extend to the minimum height above the existing tower or alternate tower structure as necessary to accommodate the technical requirements. No antennas shall extend more than 10 feet above the height of the existing tower or alternate tower structure.
(3)
Extension. Wireless communications antennas shall not extend more than technically necessary for the operation of the wireless communications services, but in no case shall they extend more than 13 feet beyond the side or outer perimeter of the tower or alternate tower structure.
(4)
Integral part of structure. All building-mounted components of the facilities shall be designed and located, to the extent practicable, so as to appear as an integral part of the architecture of the existing alternate tower structure. In no case shall such facilities be approved where their inclusion is detrimental to the architectural quality of the alternate tower structure on which they are to be affixed or structures on abutting properties.
I.
Bond required. Prior to obtaining a building permit to erect a wireless communications tower or to install a wireless communications tower or to install antennas on a tower or on an alternate tower structure, the wireless communications facility owner shall post and submit a bond or other financial surety acceptable to the Town. However, the Planning Board may waive such a bond or other financial surety when the project involves an alternate tower structure if the Board deems such a waiver to be appropriate and consistent with the purposes of the wireless communications regulations.
(1)
Amount of surety. The amount of the bond or surety shall be sufficient to reasonably restore the site to the condition which existed prior to installation of the wireless communications tower and/or wireless communications antennas (including related equipment and fixtures). Said amount shall be certified by a qualified engineer, architect, or other professional registered to practice in the Commonwealth of Massachusetts. The bond or surety shall provide for increases in coverage as the cost of removal of the facility escalates.
(2)
Use of bond or financial surety. The posted bond or financial surety shall be used by the Town for its intended purpose upon the occurrence of either of the following events:
(a)
Cessation of use. If the wireless communications facility, according to the Building Commissioner, has ceased to be used for its intended wireless communications purpose for a period of not less than 12 calendar months; or
(b)
Condemnation. The Building Commissioner condemns the wireless communications facility as an unsafe structure.
(3)
Deficient amount; recourse. In the event the amount of the posted bond or surety does not cover the cost of demolition and/or removal of the wireless communications facility, the Town may pursue all recourses available to it for recovery of the additional sum, including but not limited to:
(a)
Lien: placing a lien upon the property.
(b)
Assessment: assessing all carriers who had antennas on the facility at such time as the wireless communications tower or alternate tower structure ceased to be used for wireless communications purposes.
(c)
New permits: withholding permits for new wireless communications facilities by the responsible party(-ies).
(4)
Duration of bond or surety. The bond or surety is to be for a duration of no less than the time period for which the wireless communications facility is to be operating. Accordingly, the Planning Board, as a condition of the special permit or site plan review, whichever is applicable, shall specify the minimum duration for the bond or surety. The Planning Board may provide the bond to be for a specified period of time with provisions for automatic renewals or substitution of new bonds or sureties.
J.
Cessation of use/abandonment, maintenance, and removal.
(1)
Cessation of use/abandonment. If the wireless communications facility ceases to be used for a period of 12 consecutive months, the facility will be deemed to have been abandoned. At any point after that time, the wireless communications facility may only be used upon prior approval of a new application in accordance with the provisions of the Zoning Bylaw in effect at that time.
(2)
Maintenance. The owner of and carriers utilizing the wireless communications facility are solely responsible for maintaining the wireless communications facility in good order. Failure to do so may, at the Town's discretion, result in termination of the right to use the facility and/or removal of the facility.
(3)
Removal. Owners of wireless communications facilities shall be solely responsible and liable for dismantling and removing facilities within a time frame set forth by the Building Commissioner. If the demolition/removal is to be undertaken by the Town, the Building Commissioner shall send to the wireless communications facility owner and the associated carriers (if any) written notice by registered mail at least 45 calendar days prior to commencing demolition/removal.
K.
Submission requirements.
(1)
Site plan review required. For wireless communications facilities for which only site plan review is required, applicants must submit the following:
(b)
Evidence of their authority to install and maintain the wireless communications facilities on the existing tower or alternate tower structure; and
(c)
Plans and documents demonstrating conformity with the provisions of these wireless communications regulations; and
(d)
Estimated cost to remove the facilities as certified by a qualified professional engineer registered to work in the Commonwealth of Massachusetts.
(2)
Special permit required. For wireless communications facilities for which a special permit is required, applicants are required to submit the following:
(c)
Authority: evidence of their authority to develop, erect, and maintain the proposed wireless communications facilities on the subject property; and
(d)
Conformity: plans and documentation demonstrating conformity with the provisions of the wireless communications regulations; and
(e)
Need: demonstration of the need for the wireless communications facility as proposed, including, but not limited to:
[1]
That all existing wireless communications towers and alternate tower structures have been evaluated and why they are not sufficient to meet the needs to be served by the proposed wireless communications tower, including demonstration that the applicant cannot co-locate on an existing wireless communications tower or alternate tower facility and fulfill its coverage needs; and
[2]
That the height proposed for the wireless communications facility is the minimum height necessary to provide the service coverage and co-location opportunities necessary.
(f)
Removal cost: estimated cost to remove the wireless communications facilities and restore the site to its pre-development condition as certified by a professional engineer registered to work in the Commonwealth of Massachusetts; and
(g)
Schedules: proposed inspection and maintenance schedule; and
(h)
Color photograph or rendition: a color photograph or rendition of the proposed wireless communications facilities, including, but not limited to, the proposed wireless communications tower with the proposed associated wireless communications antennas; and
(i)
View lines: four view lines in a one- to three-mile radius of the proposed wireless communications facility site beginning at true north and continuing at ninety-degree intervals; and
(j)
Balloon test: on a weekend day prior to (but within 10 calendar days of the date of the advertised public hearing) and on the day of the public hearing to be held by the Planning Board, the applicant shall cause a balloon to be flown at the maximum proposed height of the proposed wireless communications facility. The balloon shall be flown for at least three consecutive hours between 8:00 a.m. and 4:00 p.m. The balloon shall be at least three feet in diameter and either orange or red in color.
L.
Registration and new plans. By July 1 of each year, all owners of wireless communications towers and alternate tower structures in use or permitted by the Planning Board must register with the Planning Board.
(1)
Owners of wireless communications towers are to:
(a)
Identify each site within the limits of, and within one mile of, South Hadley they are presently using by Tax Map and parcel number and the specific longitude and latitude coordinates of the wireless communications tower facility; and
(2)
Owners of alternate tower structures are to:
M.
Jurisdiction of Planning Board. The conditions of a special permit issued by the Planning Board pursuant to the provisions of this § 255-40 may not be subject to a subsequent modification by means of a dimensional variance from the Zoning Board of Appeals without concurrent or prior amendment to such special permit by the Planning Board.
A.
Purpose. The overall purpose of the outdoor recreation facilities use within the Agricultural Zoning District is to preserve agricultural lands through enhancing the economic viability of active farmland operations.
B.
Facilities allowed.
(1)
Outdoor recreation facilities may be permitted, subject to compliance with the mandatory standards, conditions and requirements for a special permit and site plan review as well as the conditions set forth in this section. Only miniature golf facilities (up to 36 holes) and batting cages may be permitted as outdoor recreation facilities.
(2)
Nothing herein is to be interpreted as precluding the use of any land for passive recreational activities such as, but not limited to, hunting, hiking, skiing, fishing, etc.
C.
Minimum area of parcel. The outdoor recreation facility use may only be permitted on a single parcel of no less than 50 acres or contiguous parcels in common ownership of an aggregate area of no less than 50 acres.
D.
Minimum frontage. The parcel to be permitted must have at least 250 feet of continuous frontage on a public way.
E.
Parcel coverage. Outdoor recreation facilities shall not occupy more than 2.5% of the total land area of the parcel on which the facilities are located. This area limitation includes the portion of the tract occupied by required parking facilities and any associated structures and does not apply to buildings and structures used for agricultural purposes (including accessory uses).
F.
Minimum setbacks. The outdoor recreation facilities use areas and buildings (not to include related parking areas and trails for pedestrians or nonmotorized vehicles) shall be no closer than 40 feet to a public road right-of-way line and shall have the following side and rear yard setbacks:
| Setback | Agricultural (feet) | |
|---|---|---|
| Side yard | 20 | |
| Rear yard | 25 |
G.
Maximum height. Buildings and structures used as part of the outdoor recreation facility use shall be no higher than 35 feet and include no more than two stories.
H.
Maintenance of agricultural uses. Outdoor recreation facility uses are to be incidental to the active farmland of the parcel on which they are located. Accordingly, the parcel must be maintained largely in an active agricultural usage. The applicant for the special permit (and owner of the property, if the applicant is not the owner) must provide demonstration that the property will be preserved in such use. If a substantial portion of the property ceases to be maintained as active farmland, the special permit for outdoor recreation facility use will be subject to termination by the Planning Board.
A.
Authority. This section is enacted pursuant to the Town's authority under the Home Rule amendment to the Massachusetts Constitution and the authority and provisions of MGL c. 40A, § 9A.
B.
Findings and purposes. Preventing land uses from having deleterious impacts is a fundamental purpose of zoning. Concentration of adult entertainment uses (as defined herein) and encroachment of such uses on residential areas have deleterious effects on the community and the adjacent areas. Among the deleterious secondary effects of such uses are increased crime levels and general blight. Late-night noise and traffic associated with the hours of operation of such uses also cause adverse secondary impacts of such uses. Accordingly, regulation of adult entertainment uses pursuant to this section has the following purposes:
(1)
Preventing the deleterious effects that such uses have on the community and adjacent areas.
(2)
Preventing the secondary effects associated with such uses.
(3)
Protecting the health, safety, and general welfare of the present and future inhabitants of the Town.
(4)
Providing for regulation of such uses without suppressing any speech or expression activities protected by the First Amendment. Accordingly, the provisions of this § 255-42 and the Zoning Bylaw in general have neither the intent nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or office of this § 255-42 to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials; nor is it the intent or effect of this § 255-42 to legalize the distribution of obscene matter or materials.
C.
Applicability. This section applies to all adult entertainment uses as defined herein.
D. ADULT BOOKSTORE ADULT ENTERTAINMENT USE ADULT MOTION-PICTURE THEATER ADULT PARAPHERNALIA STORE ADULT VIDEO STORE ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS INDIVIDUAL RESIDENTIAL USE RESIDENTIAL ZONING DISTRICT
Definitions. As used in this section of the Zoning Bylaw, the following words and phrases shall have the meanings and intent respectively ascribed to them by this section. If any word or phrase conflicts with definitions specified elsewhere in the South Hadley Zoning Bylaw, the meaning and intent ascribed below shall govern:
As defined in MGL c. 40A, § 9A, an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other matter which is distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment which is engaged in any one or more of the following uses as defined herein:
As defined in MGL c. 40A, § 9A, an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
As defined in MGL c. 40A, § 9A, an establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
As defined in MGL c. 40A, § 9A, an establishment having as a substantial or significant portion of its stock-in-trade videos, movies, or other film material which is distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
As defined in MGL c. 40A, § 9A, any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined in MGL c. 272, § 31.
Any single-family or two-family residence located on a parcel located within the Agricultural Zoning District as depicted on the South Hadley Zoning Map.
Any and all property located within any of the following zoning districts as depicted on the South Hadley Zoning Map: Residence A-1, Residence A-2, Residence B, and Residence C.
E.
Special permit required. No adult entertainment use shall be established or operated without a special permit having been issued by the Planning Board pursuant to this section and Article IX of the Zoning Bylaw.
F.
Location restrictions. A special permit for any adult entertainment use may only be granted if the following location restrictions are met:
G.
Spacing from uses and districts. No special permit for any adult entertainment use may be granted unless the subject property is no less than 500 feet from the following uses or districts located within the Town of South Hadley:
(1)
Residential zoning district.
(2)
Individual residential use.
(3)
Public or private school.
(4)
Church.
(5)
Public or private library.
(6)
Facilities licensed under MGL c. 138, § 12 (except for such facility which is proposed to be used as adult entertainment use).
(7)
Any other adult entertainment uses.
H.
Measurement of spacing requirements. The five-hundred-foot distance specified in Subsection G shall be measured as a straight line from the nearest point on the exterior property lines of the proposed adult entertainment use and the nearest point on the exterior property line aforementioned uses or districts.
I.
Development standards. No special permit for an adult entertainment use shall be granted unless the site on which the use is proposed to be undertaken conforms to the following standards or provision is made for conformity with these standards prior to the adult entertainment use being operated:
(1)
Buffer. A six-foot-high vegetative buffer shall be provided along the rear and side lot lines of any parcel on which is located an adult entertainment business. The purposes of this buffer are to provide visual screening of the adult entertainment use from the adjoining property. For purposes of this section, this buffer shall be a continuous landscaped buffer strip and shall be no less than six feet in height and 10 feet in width. The Planning Board may authorize installation of a solid wood, stockade fence in lieu of the vegetation.
(2)
Screening. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the building by the public.
(3)
Multitenant buildings. No adult entertainment use shall be located in a building or on a property with more than one business located thereon.
(4)
Dimensional requirements. All adult entertainment uses shall comply with the dimensional requirements of the underlying zoning district.
(5)
Display restrictions. No graphics, pictures, publications, videotapes, movies, covers, or other implements, items, or advertising, that fall within the definition of, or associated with, an adult entertainment use shall be displayed in the windows of, or on the building of, any adult entertainment use, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
(6)
Signs. All signs shall comply with the provisions of § 255-85 of the Zoning Bylaw. No sign that falls within the definition of an adult entertainment use shall be displayed in the windows of, or on the building of, any adult entertainment use, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
(7)
Illumination of parking areas. All parking areas associated with the adult use shall be illuminated. Said illumination shall be designed, installed, and operated so as to conform to the requirements of Chapter 171, Lighting, Outdoor, of the General Bylaws. The Planning Board may, as a condition of the special permit, restrict the hours of illumination beyond the restrictions set forth in Chapter 171.
J.
Special permit conditions. Acting as the special permit granting authority, the Planning Board may attach special conditions to the special permit where the Planning Board determines such conditions are necessary and appropriate to fulfill the purposes of the Zoning Bylaw.
K.
Applicant restrictions. No special permit to operate an adult entertainment use shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28. This restriction shall apply to owners, officers, directors, and general partners of the business entity.
L.
Management restriction. No person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28 shall be employed to manage or operate an adult entertainment use.
M.
Special requirements for applications. In addition to the requirements specified in Article IX of the Zoning Bylaw, any application for a special permit for an adult entertainment use shall also include the following materials/items:
(2)
Spacing requirements:
(a)
A locus map highlighting the subject property, displaying the boundary lines of the following:
(b)
This map shall be a minimum of 24 inches by 36 inches and a scale of one inch equals 100 feet. The Planning Board may require a different scale where the Board determines that an alternative scale is deemed appropriate and necessary.
(3)
Site plan requirements: a site plan in accordance with Article XII of this Zoning Bylaw. If the proposed adult entertainment use involves use of an existing building and no new construction or exterior modification is proposed, the Board may waive appropriate requirements of the site plan, but shall require a plan that details the existing site conditions, proposed landscaping, proposed signage, proposed site and building ingress and egress, and proposed parking.
(4)
Interior layout: an interior layout of the building as proposed by the applicant. This layout shall identify all areas which are to be accessible by the establishment's customers.
(5)
Security provisions: proposed provisions for securing the safety of the public inside and outside of the adult entertainment use establishment.
(6)
Applicant/Management restrictions: a sworn statement that neither the applicant (inclusive of the owners, officers, directors, and general partners) nor the manager in the adult entertainment use business has been convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28.
(7)
Authorization: written authorization from the owner of the property acknowledging the application and authorizing the applicant to submit the application.
N.
Duration of special permit. A special permit for an adult entertainment use shall expire 12 months from its date of issuance and shall be renewable upon submittal of a written request for such renewal.
(1)
The Planning Board shall consider the request and grant the renewal upon findings that:
(2)
Provision for three-year renewal. The Planning Board may grant a three-year renewal period for any adult entertainment use upon a determination that the use has been operated for the previous 36 consecutive months without an adverse impact on the neighborhood or change in ownership or management.
O.
Preexisting adult entertainment use. Pursuant to MGL c. 40A, § 9A, all existing adult entertainment uses shall apply for a special permit within 90 days following adoption of this bylaw amendment.
A.
In acting on a request for a special permit for a commercial kennel, in addition to the general standards listed in Article IX of the Zoning Bylaw, the Planning Board shall particularly consider the facility's proximity to residential properties and the potential for noise and odors from the facility to disrupt the nearby residents.
B.
In addition to complying with any conditions attached to the special permit granted by the SPGA, commercial kennels shall also:
(1)
Comply with all applicable laws and regulations of the Commonwealth of Massachusetts.
(2)
Be operated in such a manner as not to constitute a health or safety hazard to the animals being kept in the facility, community, or neighboring properties and residents.
(3)
Be operated in such a manner as not to constitute a nuisance to the neighboring properties and residents.
As provided for in Article V, a gas-to-energy facility may only be permitted by special permit if it meets the following conditions:
A.
Source of the gas. The gas-to-energy facility may only process gas generated by the decomposition of waste material deposited at a licensed landfill in which the boundaries of the parcel of land on which the licensed landfill is situated are in close proximity of the property on which the gas-to-energy facility is located. This distance is measured from the property lines of the respective parcels.
B.
Proximity to residences. The gas-to-energy facility must be located no less than 500 feet from residential dwellings in existence at the time the special permit was granted. This distance is measured from the perimeter of the gas-to-energy facility to the perimeter of the structure in which the dwelling is located and not from the limits of either property boundary.
C.
Compliance with applicable regulations. The gas-to-energy facility must be operated, continuously, in accordance with applicable local, state, and federal regulations.
D.
Location in Agricultural District. The gas-to-energy facility may only be located in the Agricultural Zoning District if the facility is located on the same parcel on which the licensed landfill is situated.
A.
Purpose. The purpose of this overlay district is to encourage the redevelopment of South Hadley Falls in a manner that is consistent with its historic urban pattern by allowing greater flexibility of uses and relaxing certain other requirements that have been obstacles to redevelopment within this district.
B.
Boundaries. Boundaries of the South Hadley Falls Overlay District are depicted on a map on file in the office of the Planning Board, Building Commissioner, and Town Clerk.
C.
Applicability. The South Hadley Falls Overlay District provisions are supplemental to any requirements or restrictions of the underlying zoning districts and override provisions of the underlying zoning.
D.
Uses in the Industrial A and Industrial B Districts. Within the South Hadley Falls Overlay District, wherever the underlying zoning is Industrial A or Industrial B, all uses permitted in the Business B District shall also be permitted as shown on the Use Table for Business B (i.e., SPR or SP), except that new single-family residences shall not be permitted. All uses permitted in the Industrial A or Industrial B District shall also be permitted as provided in the underlying district.[1]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
E.
Dimensional regulations.
(1)
Residential uses in the Business B District shall not be required to comply with the requirements for residential uses in the Residence B District.
(2)
Residential uses in the Industrial A District shall comply with the dimensional standards for the Residence B District, unless such standards are waived by the Planning Board.
(3)
An applicant for any approval may request, and the Planning Board shall grant, waivers from any of the otherwise applicable dimensional, landscaping, and parking requirements in the underlying district, provided that the applicant can demonstrate that the requested waivers are more in keeping with the existing character of the South Hadley Falls area than the underlying zoning would permit. The Planning Board may adopt design and dimensional guidelines to guide applicants and the Board in its decisions to grant such dimensional waivers.
F.
Master Plan and design guidelines. In making discretionary decisions involving special permits and waivers of requirements in the underlying districts, the Planning Board shall be guided by the provisions of the Master Plan, as it may be amended from time to time, and any applicable design guidelines adopted by the Planning Board.
A.
Purposes.
(1)
It is recognized that the nature of the substance cultivated, processed, and/or sold by medical marijuana treatment centers and off-site medical marijuana dispensaries may have objectionable operational characteristics and may be located in such a way to pose a threat to the health, safety, and general well-being of the public as well as patients seeking treatment. Therefore, specific and separate regulation of medical marijuana treatment center (MMTC) and medical marijuana off-site dispensary (MMOSD) facilities is necessary to ensure that adverse effects will not contribute to blight in the surrounding neighborhood or exacerbate risks to public health and safety associated with other nearby land uses, and that such facilities are not located within close proximity of minors within the Town of South Hadley.
(2)
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts General Laws, and 105 CMR 725.000, MMTC and off-site medical marijuana dispensaries (OMMD) will be permitted to provide medical support, security, and physician oversight that meet or exceed state regulations as established by the Massachusetts Department of Health (DPH).
B.
Where MMCPF allowed by site plan review or special permit.
(1)
A MMCPF is allowed in Industrial A and Industrial B Zoning Districts by site plan review where either of the following conditions are met:
(a)
The parcel on which the facility is located does not abut any parcel on which a residence is located (a property situated across the street from the proposed property shall not be considered as "abutting").
(b)
The parcel on which the facility is located abuts one or more parcels on which a residence is located but the facility housing the MMCPF is located at least 300 feet from any such residence.
(2)
A MMCPF may only be allowed in Industrial A and Industrial B Zoning Districts where the parcel on which the facility is located abuts one or more parcels on which a residence is located and the facility housing the MMCPF is located within 300 feet of any such residence upon issuance of a special permit by the Planning Board in accordance with Article IX of the Zoning Bylaw.
C.
Prohibited locations. The building(s) in which MMTC or MMOSD uses are permitted shall not be located:
(1)
Within 300 feet of any building:
(a)
Containing another MMTC or MMOSD; or
(b)
In which is located a public or private elementary school, middle school, secondary school, preparatory school, licensed day-care center, or any other facility in which children commonly congregate in an organized ongoing formal basis; or
(c)
Owned by and operated as part of the campus of any private or public institution of higher learning, or
(d)
Housing a public library; or
(e)
Any residential use; or
(2)
Within, on the same lot as, or on a lot immediately adjacent to a licensed pharmacy; or
(3)
Within buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana. An exception shall be that the Planning Board may grant permission for palliative and therapeutic care uses in the same building in which an MMTC or MMOSD is operated; or
(4)
Within a building containing residential units, including transient housing or group housing such as hotels, motels, lodging houses, or dormitories.
D.
Use. All MMCPF, MMTC, and MMOSD facilities may be used in accordance with state laws and regulations and as specified below:
(1)
Such facilities may only be involved in the uses permitted by its definition and may not include other businesses or services. This does not preclude a multitenant building from housing other, unrelated businesses; nor is this restriction to be construed as precluding the use of MMCPF facilities for the cultivation and processing of other agricultural and medicinal crops and products where otherwise allowed by state, federal, or local law or regulations.
(2)
No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.
(3)
The hours of operation shall be set by the Planning Board, but in no event shall an MMTC or MMOSD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises between the hours of 8:00 p.m. and 8:00 a.m.
E.
Physical requirements.
(1)
All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sale, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.
(2)
No outside storage is permitted.
(3)
No MMOSD facility shall have a gross floor area in excess of 1,000 square feet.
(4)
Any MMTC with a dispensary included as part of the facility shall be so apportioned and laid out that the portion of the building used for dispensing to qualifying patients shall not occupy more than 5% of the gross floor area.
(5)
Ventilation. All MMTC and OMMD facilities shall be ventilated in such a manner that:
(a)
No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere.
(b)
Odor from marijuana cannot be detected by a person with a normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.
(6)
Signage shall conform to § 255-85 of the South Hadley Zoning Bylaw and requirements of state laws and regulations governing such facilities. However, the signage and other marketing on the exterior of the building or in any other manner visible from a public way or adjoining property shall not promote or encourage: a) the use or abuse of marijuana or other drugs for nonmedical purposes; or b) the use or abuse of marijuana or other drugs by minors; or c) the active marketing of marijuana or other drugs for medicinal purposes; provided, however, that these restrictions shall not preclude any signage required by the Massachusetts Department of Public Health.
F.
Application requirements. Above and beyond the standard application requirements for special permits, an application for a use under this section shall include the following:
(1)
The name and address of each owner of the facility/operation;
(2)
Copies of all required registrations issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(3)
Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
(4)
A notarized statement signed by the organization's chief executive officer and corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons;
(5)
In addition to what is normally required in a site plan and/or special permit application under Articles XII and IX of the South Hadley Zoning Bylaw, respectively, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc. ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.
(6)
A management plan as required under the special permit rules and regulations, including a description of all activities to occur on site, including all provisions for the delivery of medical marijuana and related products to MMOSDs or off-site direct delivery to patients.
(7)
A security plan, which is subject to approval by the Police Chief, which details all exterior and interior proposed security measures for the premises, including but not limit to: video monitoring and recording, lighting, fencing, and alarms ensuring the safety of employees and to protect the premises from theft or other criminal activity. This plan must provide twenty-four-hour security and monitoring for the facility, particularly those portions of the building which are deemed by the Police Chief to be most vulnerable to unauthorized entry and least visible from the public ways.
(8)
A waste disposal plan which provides details for disposal of the waste materials in accordance with applicable local and state laws and regulations.
G.
Reporting requirements.
(1)
All special permit and site plan approval holders for an MMCPF, MMTC or MMOSD facility shall provide the Town Administrator, Police Department, Fire Department (for the district in which it is located), Building Commissioner/Inspector and the Planning Board with the names, phone numbers and e-mail addresses of all management staff and key-holders to whom one can provide notice if there are operating problems associated with the establishment.
(2)
The Town Administrator, Building Commissioner/Inspector, Board of Health, Police Department, Fire Department (for the district in which it is located), and the Planning Board shall be notified in writing by an MMTC or OMMD facility owner/operator/manager:
(3)
Annual report.
(a)
Permitted MMCPF, MMTC and MMOSD facilities shall file an annual report to the Planning Board no later than January 31, providing a copy of all current applicable state licenses for the facility and/or its owners, and demonstrate continued compliance with the conditions of the special permit.
(b)
Upon request by the Planning Board, the representatives of the permitted facility shall appear before the Planning Board in regard to the annual report and their compliance or noncompliance with the conditions of the special permit at such meeting as specified by the Town Planner.
(4)
The owner or manager is required to respond by phone or e-mail within 24 hours of contact by a Town official concerning his/her MMCPF, MMTC or MMOSD at the phone number or e-mail address provided to the Town as the contact for the business.
H.
Transfer or discontinuance of use.
(1)
As with all special permits as provided in Article IX of the Zoning Bylaw, special permits granted under this section are nontransferable.
(2)
Special permits granted under this section shall also have a term limited to the duration of the applicant's ownership/control of the premises as an MMTC or MMOSD.
(3)
An MMTC or MMOSD facility shall be required to remove all material, plants, equipment and other paraphernalia prior to surrendering its state registration.
I.
Dispensary security. During the hours of operation of a dispensary open to serving patients or the public, whether part of a MMTC or MMOSD, the operator shall provide full-time security using on-site, licensed personnel. Provisions for providing such security shall be subject to approval by the Chief of Police and the local licensing authority (Selectboard).
J.
Multitenant facilities. When a MMCPF, MMTC, or MMOSD facility is located in a multitenant building or on a parcel with multiple tenants and one or more of the tenants involve concentrations of minors (whether employees or visitors), the owner of the property and the operator of the MMCPF, MMTC, or MMOSD facility must take measures to ensure that the minors are not interacting with the MMCPF, MMTC, or MMOSD facility. The security plan required under Subsection F(7) above shall detail the measures to be taken to ensure that this interaction does not occur.
K.
Selectboard approval. Recognizing the particular security, lighting, and other issues not directly related to zoning associated with such enterprises, in addition to obtaining a special permit or site plan review as detailed above and in § 255-19, any entity seeking to establish or operate a MMCPF, MMTC, or MMOSD facility must also obtain approval from the Selectboard.
All multifamily developments and developments with more than one building for dwelling purposes on a single parcel of land shall conform to the provisions provided below.
A.
Allowable unit count. The permitted number of dwelling units in a multifamily building or development and developments with more than one building for dwelling purposes on a parcel shall not exceed the number permitted utilizing the methodologies established in § 255-31 for land located within the Residence A-1, Residence A-2 and Agricultural Districts, and on the dimensional table footnotes relating to the amount of lot area per dwelling unit for special permits in all other districts.[1] Density bonuses may not be granted unless the development conforms to the flexible development process, procedures and standards.
[1]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
B.
Front entrances. Front entrances to multifamily buildings shall open onto sidewalks and streets or common public spaces and not onto parking lots. Multifamily buildings and developments shall create shared open spaces, which may be, but shall not be required to be, open to the general public, along a street or common green. Rear entrances and entrances for services and delivery may be from parking areas.
C.
Conformity to other regulations. In all other respects, the layout and relationship of buildings to each other and to streets, public spaces, and parking areas shall be as provided in other applicable sections of this bylaw as well as any design standards or guidelines adopted by the Planning Board.
D.
Required open space. On parcels of at least two acres, multifamily developments and developments with more than one building for dwelling purposes on a single parcel of land shall include usable open space in the same proportion and character as required of developments under § 255-31 of the Zoning Bylaw.
E.
F.
Parcels containing more than one building with a dwelling. A parcel may contain more than one building with a dwelling, provided the following conditions are satisfied:
(1)
Such use is identified as being allowed within the subject zoning district by the Use Regulations Schedule included as an attachment to this chapter; and
(2)
The parcel has sufficient acreage to comply with applicable density limitations; and
(4)
In the Residence A-1, Residence A-2, and Agricultural Districts, no parcel of any size may contain more than four dwelling units on it except pursuant to the flexible development provisions of § 255-31; and
[Added 5-9-2018 ATM by Art. 17]
A.
Purpose. The purpose of this section is to provide standards for the placement, design, construction, operation, monitoring, modification and removal of ground-mounted and canopy-mounted solar photovoltaic installations, as permitted in Chapter 255, Attachment 1, Use Regulations Schedule, that address public safety and minimize impacts on scenic, natural and historic resources.
B.
Applicability. This section applies to all solar photovoltaic installations, as permitted in Chapter 255, Attachment 1, Use Regulations Schedule, 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 these installations or related equipment.
C.
As-of-right siting.
(1)
Solar photovoltaic installations, in many instances, are permitted as-of-right in many zoning districts in the Use Regulations Schedule (Chapter 255, Attachment 1). In most cases, these are still subject to site plan review in accordance with requirements below and Article XII of Chapter 255 of the Town Code (the Zoning Bylaw).
D.
Special application/plan requirements; special permits and site plan review. All applications for which a special permit or site plan review are required, in addition to the requirements of Chapter 255, Article IX and Chapter 255, Article XII of the Town Code (and Planning Board Regulations adopted pursuant to), shall also include and comply with the following:
(1)
Plans shall include an analysis of the proposed cut and fill for the site.
(2)
Required documents.
(a)
A site plan showing:
[1]
Drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures.
[2]
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electrical Code compliant disconnects and overcurrent devices.
[3]
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.
[4]
Name, address, and contact information for proposed system installer.
(b)
Stormwater management plan and assessment including an analysis as to the impact that the installation might have on the patterns and rate of stormwater runoff.
(c)
Erosion and sediment control plan.
(d)
Documentation of actual or prospective access and control of the project site.
(e)
An operation and maintenance plan including a schedule for revisions to the plan.
(f)
Utility notification evidence that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation project proponent's intent to install an interconnected customer-owned generator.
[1]
Exception: Off-grid systems shall be exempt from this requirement.
(g)
Vegetative analysis and planting plan which identifies the extent to which existing vegetation will be removed, particularly native trees of a caliper of 10 inches or more and plans to replant the area and meet the screening requirements.
(h)
Vegetative management plan. This plan is to address maintenance of the vegetation on the entire site with particular attention to vegetation under the ground-mounted solar photovoltaic installations and methods taken to preclude any impact on adjacent and nearby properties.
(i)
Landscaping and screening plan. This plan is to particularly focus on replacement of the native trees and screening from view of the roadway and adjacent and nearby residential properties.
(j)
Abandonment and decommissioning plan.
(k)
Wildlife analysis including a description as to how the development has been designed to minimize adverse impacts on wildlife.
E.
General requirements.
(1)
Special Mount Holyoke Range siting restriction. No medium- or large-scale installations are to be located in the area bounded as follows: the Towns of Hadley and Amherst to the north; the Town of Hadley and Route 47 to the west; Route 47, Pearl Street, and Elmer Brook to the south; and Route 116 (north of Pearl Street) and the Town of Granby to the east.
(2)
Dimension requirements.
(a)
Ground-mounted solar photovoltaic installations, except as provided elsewhere in Chapter 255, shall comply with the same dimension requirements required of principal buildings in the underlying district, except that for medium- and large-scale installations the following shall apply:
[1]
Front, rear and side yard setbacks shall be a minimum 50 feet.
[2]
Access roads or driveways shall be setback at least 25 feet from side and rear lot lines.
[3]
Where site plan review or a special permit is required, the Planning Board may impose a greater setback if they determine that a greater setback is essential to address the criteria for granting such approval and will not unduly restrict the installation and operation of the installation.
[a]
Exception: Ground-mounted solar photovoltaic installations shall not be subject to the maximum lot coverage limitations unless the area under the panels is paved or made otherwise less pervious for the installation.
(b)
Canopy-mounted solar photovoltaic installations shall comply with the same dimension requirements required in the underlying district for parking lots. However, if such installations are not to be installed over preexisting parking lots, the Planning Board may consider them to be principal structures and require them to meet the corresponding setback requirements.
(c)
Ground-mounted solar photovoltaic installations when combined with other developments on the parcel are not to exceed the maximum allowed impervious surface of the zoning district; except where the Planning Board finds unique conditions which deem such higher levels of impervious surface to be appropriate and fulfill the purpose of the Zoning Bylaw.
(3)
Structures. All structures for ground-mounted and canopy-mounted solar photovoltaic installations including all appurtenant structures (such as, but not limited to, equipment shelters, storage installations, transformers, and substations) shall be architecturally compatible with each other.
(4)
Visual impact mitigation. The plan for ground-mounted solar photovoltaic installations shall be designed to maximize the preservation of on-site and abutting natural and developed features.
(a)
In natural (undeveloped) areas, existing vegetation shall be retained to the greatest extent possible.
(b)
In developed areas, the design of the installation shall consider and incorporate human-designed landscape features to the greatest extent, including contextual landscaping and landscape amenities that complement the physical features of the site and abutting properties.
(c)
Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts and be architecturally compatible with each other.
(d)
Vegetation shall be of varieties native to New England and a mix of deciduous and evergreen species.
(e)
Vegetative screening shall reach a mature form to effectively screen the installation within five years of installation.
(f)
The mature height of the vegetated screening shall be such that the installation's structures are not apparent to a person upon any public road (or on a residential lot situated within 300 feet of the installation's structures) and viewing the installation from a height of 10 feet.
[1]
Exception: The Planning Board may grant an exception to this provision where topographic conditions of the site make compliance with this restriction impractical or would unduly restrict the installation. Where an exception is made, the Planning Board may establish alternative vegetative requirements.
(g)
Planting of the vegetative screening shall be completed prior to final approval of the photovoltaic installation by the Building Inspector.
(5)
Design standards.
(a)
Projects shall be designed to:
[1]
Minimize the volume of cut and fill, the number of removed trees of 10 inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
[2]
Maximize pedestrian and vehicular safety both on the site and entering and exiting the site and on roadways adjoining the site;
[3]
Minimize obstruction of scenic views from publicly accessible locations;
[4]
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
[5]
Minimize glare from headlights and light trespass onto adjoining residential properties;
[6]
Preclude glare impacts on motorists on adjacent and nearby roadways;
[7]
Ensure adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage.
(b)
Site lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. All lighting associated with the facility shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting of the solar photovoltaic installations shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(c)
Signage. No signage on solar photovoltaic installations is permitted other than those required to identify voltage and electrocution hazards as well as the owner, and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(d)
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(e)
Fencing. It is anticipated that solar photovoltaic installations (especially ground-mounted medium- and large-scale installations) will be enclosed by fencing. Any fencing installed for a medium- or large-scale installation shall be designed to minimize impacts on wildlife movements and aesthetics. Accordingly, such fencing is to leave a gap of no less than six inches between the ground and the bottom of the fencing. Further, such fencing is to be of a color and texture so as to blend into the background.
(f)
Screening. Medium- and large-scale ground-mounted solar photovoltaic installations shall be screened from view from adjoining and nearby residential properties and from adjoining roadways. This screening is to be incorporated into the landscaping plan and should, to the extent appropriate, include a combination of fencing and vegetation.
(g)
Impact on wildlife. Medium- and large-scale solar photovoltaic installations shall be designed and constructed, to the extent reasonable, so as not to have adverse impacts on wildlife habitats and behavior patterns. Project proponents are to demonstrate how they have taken this into consideration in planning their development.
(6)
Safety and environmental standards.
(a)
Emergency services. Project proponents shall provide whatever materials (such as, a copy of the project summary, electrical schematic, and site plan) and contact information are requested by the Fire Chief and other appropriate authorities. Project proponent shall cooperate with local emergency services in developing an emergency response plan.
(b)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws. Such installations shall not occur on any slopes greater than 15% in order to minimize erosion. No more than 50% of the land parcel utilized for solar photovoltaic installations shall contain land requiring clearing of forest.
(c)
No topsoil shall be removed from the land parcel under consideration for solar photovoltaic installations. If earthworks operations are required, topsoil shall be stockpiled within the property bounds and protected against erosion until such time earthwork operations are completed and topsoil can be re-spread over parcel. Earthworks shall be planned to limit export of soil material (non-topsoil) to 1,000 cubic yards per acre affected by installation. A detailed earthworks estimate is a required submittal component proving this quantity is maintained.
(d)
Impact on agricultural and environmentally sensitive land. Solar photovoltaic installations and agricultural usage of the properties should be mutually supportive and the solar photovoltaic installation is to be designed and installed to reflect this principal. Accordingly, medium- and large-scale solar photovoltaic installations shall be designed to minimize impacts to agricultural and environmentally sensitive land and to be compatible with continued agricultural use of the land whenever possible. No more than 50% of the total land area proposed for the solar photovoltaic installation may be occupied by the solar panels, with the remainder of the land remaining as open space either in its natural state, developed as community recreation, agricultural use, or similar state as approved by the Planning Board.
(e)
Vegetation management. Herbicides, pesticides, or chemical fertilizers shall not be used to manage vegetation at the ground-mounted solar photovoltaic installation. Low-growing herbaceous ground cover underneath the solar array is encouraged wherever possible.
Generally, land associated with the ground-mounted solar photovoltaic installation shall be covered and grown in natural vegetation. Ground surface areas beneath solar arrays and setback areas, to a reasonable extent shall be pervious to maximize on-site infiltration of stormwater. Impervious paving of areas beneath solar arrays is prohibited. To the greatest extent possible, a diversity of plant species shall be used, with preference given to species that are native to New England. Use of plants identified by the most recent copy of the "Massachusetts Prohibited Plant List" maintained by the Massachusetts Department of Agricultural Resources is prohibited. Herbicides shall be applied only by properly licensed personnel in conformance with all applicable state regulations.
(f)
Stormwater. The installation shall be designed and maintained to have no net impact on the preexisting stormwater runoff either in rate or discharge point.
(g)
The cumulative amount of native trees of a caliper of 10 inches or more which are to be removed for the installation and operation of a medium- or large-scale solar photovoltaic installation shall be replaced by a total amount of such trees with the minimum planting size of five inches caliper.
(7)
Abandonment and decommissioning plan (medium- and large-scale solar photovoltaic installations). Medium- and large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned [i.e., when either it fails to be completed within a commercially reasonable time (such that power generation can commence), or it fails to operate for an elapsed time of more than one year without the written consent of the Planning Board] shall be removed. The owner or operator shall physically remove the installation within 150 days of abandonment or the proposed date of decommissioning. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal.
The abandonment and decommissioning plan, at a minimum, shall include a detailed description of how all of the following will be addressed:
(a)
Physical removal of all structures; equipment, building, security barriers and transmission lines from the site, including any materials used to limit vegetation.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(d)
Financial surety for decommissioning. Proponents shall provide a form of surety, either through escrow account, bond or other form of surety approved by the Planning Board to cover the estimated cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board. The project proponent shall submit a fully inclusive detailed itemized cost estimate of the Town's estimated costs associated with removal and full decommissioning of the installation and site, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation at the end of the installation's useful life. Said estimated cost shall not include or deduct the value of material recycling. Said surety in its full amount shall be presented to the Planning Board prior to the commencement of construction.
(e)
All legal documents required to enable the Town to exercise its rights and responsibilities under the plan to decommission the site, enter the property and physically remove the installation.
(8)
Monitoring and maintenance.
(a)
Solar photovoltaic installation conditions. Project proponents shall maintain the installation in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The project proponent shall be responsible for the cost of maintaining the solar photovoltaic installation.
(b)
Modifications. Any changes to the plans approved by the Planning Board shall be submitted to the Town Planner/Planning Director for determination if further Planning Board review is warranted prior to issuance of the building permit. If further Planning Board review is deemed warranted, such further review and approval by the Planning Board shall be obtained prior to issuance of the building permit.
(c)
Updating. Project proponent shall be responsible for updating the operations and maintenance plan a) whenever personnel with responsibilities identified in the plan change and b) no less than every five years.
(9)
Outside consultant fees. In addition to the normal filing fee, the Planning Board can charge the applicant with a fee to hire outside consultants to assist the Board in administering and reviewing applications.
(10)
Waivers. The Planning Board may, upon the prior written request of the applicant, waive any of the requirements of this subsection, but must state their reasons for doing so in writing as part of their decision.
[Added 1-10-2018 STM by Art. 5]
A.
Purpose. The purpose of this section is to provide standards for the placement and operation of facilities and establishments associated with the cultivation, production, and sale of marijuana and accessory products by marijuana establishments as permitted in Chapter 255, Attachment 1, Use Regulations Schedule, that address public safety and health and minimize impacts on nearby residential uses.
B.
Applicability. This section applies to all specified marijuana establishments, as permitted in Chapter 255, Attachment 1, Use Regulations Schedule, 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 these establishments or related equipment.
C.
Prohibited locations.
(1)
The building(s) in which a marijuana establishment are permitted shall not be located:
(a)
Within 300 feet of any building:
[1]
Containing another marijuana establishment except that a marijuana retailer may be located within the same building as a marijuana product manufacturer which is providing some or all of the product for the retailer; or
[2]
In which is located a public or private elementary school, middle school, secondary school, preparatory school, licensed daycare center, or any other facility in which children commonly congregate in an organized ongoing formal basis; or
[3]
Owned by and operated as part of the campus of any private or public institution of higher learning; or
[4]
Housing a public library; or
[5]
Any residential use; or
(b)
Within a building containing residential units, including transient housing or group housing such as hotels, motels, lodging houses, or dormitories.
(2)
The property which is proposed to be permitted for a marijuana establishment, at the time the application is received by the Planning Board, shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. If the parcel of land on which a proposed marijuana establishment is to be located is developed with one or more buildings occupied by more than one tenant, then the Planning Board shall interpret "property which to proposed to be permitted" to shall mean only the portion of the building or property which is actually proposed to be used by the marijuana establishment.
D.
Maximum number of marijuana retail establishments. There shall be no more than three marijuana retailers licensed to operate or operating in the Town of South Hadley. In the event applications for multiple retail establishments are submitted which, if approved, would result in more than three such establishments being located in South Hadley, the Planning Board shall delay a decision on any application which would result in more than three such establishments until the appeal period for the third establishment has lapsed.
E.
Marijuana retailer hours of operation. Marijuana establishments engaged in the retail sale of marijuana shall be limited in their hours of operation as follows:
(1)
Monday through Saturday from 8:00 a.m. to 11:00 p.m.
(2)
Sunday from 10:00 a.m. to 11:00 p.m.
| However, the Planning Board may limit the hours more restrictively if the Board finds that retail establishments in the immediate area engaged in the sale of off-premises consumed alcohol and/or cigarettes operate more restrictively than specified above. |
F.
Physical requirements.
(1)
All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.
(2)
No outside storage is permitted. This prohibition applies to all aspects of the product and waste associated with the marijuana establishment.
(3)
Ventilation. All marijuana establishments shall be ventilated in such a manner that no:
(a)
Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere.
(b)
Odor from marijuana cannot be detected by a person with a normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.
G.
Special application requirements. Above and beyond the standard application requirements for special permits, an application for a use under this section shall include the following:
(1)
The name and address of each owner of the facility/operation;
(2)
Copies of all required registrations issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
(3)
Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
(4)
A notarized statement signed by the organization's Chief Executive Officer and corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons;
(5)
In addition to what is normally required in a site plan and/or special permit application under Article IX and Article XII of the South Hadley Zoning Bylaw, respectively, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity [however, this should not be at the same detail as the Security Plan to be submitted to the Chief of Police under Subsection G(7) below].
(6)
A management plan (inclusive of the operations maintenance plan) as required under the special permit rules and regulations, including a description of all activities to occur on site, including all provisions for the delivery of marijuana products to and/or from the site as well as the disposal of waste material.
(a)
Modifications. Any changes to the plans approved by the Planning Board shall be submitted to the Town Planner/Planning Director for determination if further Planning Board review is warranted prior to issuance of the building permit. If further Planning Board review is deemed warranted, such further review and approval by the Planning Board shall be obtained prior to issuance of the building permit.
(b)
Updating. Project proponent shall be responsible for updating the operations and maintenance plan a) whenever personnel with responsibilities identified in the plan change and b) no less than every five years.
(7)
Demonstration that the facility's security plan has been approved by the Police Chief. This plan must detail all exterior and interior proposed security measures for the premises, including but not limit to: video monitoring and recording, lighting, fencing, and alarms ensuring the safety of employees and to protect the premises from theft or other criminal activity. This plan must provide twenty-four-hour security and monitoring for the facility, particularly, those portions of the building which are deemed by the Police Chief to be most vulnerable to unauthorized entry and least visible from the public ways.
(8)
A waste disposal plan which provides details for disposal of the waste materials in accordance with applicable local and state laws and regulations.
H.
Deferred application review and decision. In the event that Town Meeting votes to enact a ban on any of the five types of establishments regulated in part by § 255-49, (craft marijuana cultivator cooperative, marijuana cultivator, marijuana product manufacturer, marijuana testing facility, and/or marijuana retailer) the sixty-five-day time period for holding a public hearing under §§ 255-128 and 255-147 of the Zoning Bylaw shall not commence until such time as the vote on the ballot question is certified by the Town. Further, the Planning Board shall not render any decision on an application for such use(s) unless and until the ballot question vote is certified. If such a ban passes Town Meeting and a subsequent ballot question vote, the Planning Board shall deny any application for such an establishment.
[Added 5-10-2023 ATM by Art. 22]
A.
General provisions.
(1)
Purpose and intent.
(a)
The Town of South Hadley finds and declares:
[1]
Our community faces a severe housing crisis, with home prices and rents unaffordable by families and households of middle and moderate incomes.
[2]
The community is falling far short of meeting current and future housing demand with serious consequences for the state's economy and the well-being of our residents, particularly lower-income and middle-income earners.
[3]
The Town of South Hadley can play an important role in reducing the barriers that prevent homeowners from building accessory dwelling units.
[4]
There are many benefits associated with the creation of legal accessory dwelling units on lots in single-family zones and other zoning districts. These include:
[a]
Increasing the supply of smaller housing stock types to meet the needs of smaller households of all ages;
[b]
Helping older homeowners, single parents, young home buyers, and renters seeking a wider range of homes, prices, rents and locations;
[c]
Increasing housing diversity and supply, providing opportunities to reduce the segregation of people by race, ethnicity and income that resulted from decades of exclusionary zoning;
[d]
Providing homeowners with extra income to help meet rising homeownership costs;
[e]
Creating a convenient living arrangement that allows family members or other persons to provide care and support for someone in a semi-independent living situation without the latter leaving his or her community;
[f]
Providing an opportunity for increased security, home care and companionship for older and other homeowners;
[g]
Reducing burdens on taxpayers while enhancing the local property tax base by providing a cost-effective means of accommodating development without the cost of building, operating and maintaining new infrastructure;
[h]
Promoting more compact urban and suburban growth, a pattern that reduces the loss of farm and forest lands and natural areas and resources and limits increases in pollution that contributes to climate instability; and
[i]
Enhancing job opportunities for individuals by providing housing nearer to employment centers and public transportation.
(b)
Accessory dwelling units are, therefore, an essential component of housing choices and supply in the Town of South Hadley.
B.
Use and dimensional standards.
(1)
The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within an existing or new owner-occupied, single-family dwelling. For any proposed detached accessory dwelling unit, an applicant must seek site plan review from the Planning Board.
(a)
The unit will be a complete, separate housekeeping unit containing both kitchen and bath.
(b)
Only one accessory dwelling unit may be created within a single-family house or house lot. Multifamily dwellings (duplex and above) are not eligible for accessory dwelling units.
(c)
The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units (principal or accessory) as their primary residence.
(d)
The gross floor area of an accessory dwelling unit shall not be larger in floor area than 1/2 the floor area of the principal dwelling or 900 square feet, whichever is smaller.
(e)
An accessory dwelling unit shall not be occupied by more than three people nor have more than two bedrooms.
(f)
The construction of any accessory dwelling unit must be in conformity with the State Building Code, Title V of the State Sanitary Code, and other local bylaws and regulations.
(g)
Off-street parking spaces shall be available for use by the owner-occupant(s) and tenants.
(h)
Building setbacks for detached units must comply with that for the principal use structure, as identified in the Zoning Dimensional Regulation Schedule[1] for the zoning district where the accessory dwelling unit is to be located.
[1]
For conversion of existing accessory structures to a detached accessory dwelling unit, the Planning Board may waive the principal use setback requirement if the Board determines all other use and dimensional standards are met.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(i)
Detached accessory dwelling units are limited in height to 1 1/2 stories.
(j)
Accessory dwelling units are not eligible for short-term rentals, as defined by the Town of South Hadley.
(2)
Per MGL c.40A, In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the permit granting authority shall allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
(3)
Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters in Subsection B(4) and (5) below must be recorded at the Hampshire County Registry of Deeds or Land Court, as appropriate, in the chain of title of the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit.
(4)
Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence.
(5)
When a structure which has received a permit for an accessory dwelling unit is sold, the new owner(s), if they wish to continue to exercise the permit, must, within 30 days of the sale, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence.
C.
Administration and enforcement.
(1)
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this bylaw.
(2)
No building shall be constructed or changed in use or configuration until the Building Commissioner has issued appropriate building permits. No permit shall be issued until a sewage disposal works permit, when applicable, has first been obtained by the Board of Health and the proposed building and location thereof conform with the Town's laws and bylaws. Any new building or structure shall conform to all adopted state and town laws, bylaws, codes and regulations. No building or accessory dwelling unit shall be occupied until a certificate of occupancy has been issued by the Building Commissioner, where required.
(3)
The Building Commissioner shall refuse to issue any permit which would result in a violation of any provision of this section or in violation of the conditions or terms of any plan approval, special permit or variance granted by the Planning Board, Board of Appeals, or it's agent.
(4)
The Building Commissioner may issue a cease-and-desist order or enforcement order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this chapter.
[Added 5-10-2023 ATM by Art. 21]
A.
Purpose and intent. The operation of short-term rentals within residential properties shall be permitted under the provisions of this section. It is the intent of this section to:
(1)
Ensure the compatibility of the short-term rental with the social, cultural, and physical characteristics of the neighborhood;
(2)
To protect and enhance the essential characteristics and quality of life within existing residential neighborhoods for all residents; and
(3)
Allow residents to engage in generation of revenue from their properties while avoiding excessive noise, traffic, and other possible adverse effects of transient populations in residential areas.
B.
Special permit required per Article IX of the Zoning Bylaw. [Zoning districts where use is allowed by special permit to be noted in Use Regulations Schedule[1]] The Planning Board, acting as the special permit granting authority, may approve a special permit allowing for a short-term rental in such zoning districts where permitted under the Use Regulations Schedule.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
A short-term rental is defined as all or part of a legally established dwelling unit for no more than 28 consecutive days or less, including home-sharing and vacation rentals.
D.
Application requirements. Plans for short-term rental need only comply with the following requirements, and not those of Article XII:
(1)
Plan requirements. A parcel map showing the following, at a scale determined sufficient by the SPGA:
(a)
Parcel boundaries;
(b)
Location of all structures within the parcel, including the dwelling proposed for the short-term rental;
(c)
Location of parking for maximum number of potential occupants in the short-term rental, as well as any other occupants of all dwelling units on the parcel;
(d)
Floor plan of the dwelling indicating entrance(s) and layout of the short-term rental and all other dwelling units.
(2)
A list of each room, including bedrooms, offices, dens, living rooms, kitchen and sunroom in the Dwelling Unit. The list shall include for each room: i) whether or not the room will be rented; ii) the maximum number of overnight guests that will be allowed.
(3)
Contact information. Name(s) and current contact information for the owner-occupant of the property subject to the short-term rental, including but not limited to mailing address, telephone number and email address; and owner if to be non-owner-occupied.
(4)
Trash collection. Narrative detailing how trash will be stored and removed from the property.
(5)
Snow removal. Narrative detailing how and where snow will be removed and stored on site while the short-term rental is occupied.
E.
General criteria and standards.
(1)
Applicant must be the owner-occupant of the dwelling unit.
(2)
The dwelling unit must have been legally established under the Town of South Hadley Zoning Bylaws, Chapter 255.
(3)
The tax parcel(s) subject to the location of the dwelling unit to be used as the short-term rental must be in compliance with the Zoning Bylaw Dimensional Schedule.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
The tax parcel(s) for the dwelling unit designated for the short-term rental must be current on all local taxes and fees.
(5)
Owner-occupied short-term rentals.
(a)
Owner-occupied short-term rentals - The owner-occupant or their representative must reside on the property during the rental period to satisfy the owner-occupancy requirement.
(b)
In the event the property is owned by multiple persons, related or unrelated, only one of the persons having an ownership interest in the property must reside on the property to be owner-occupied.
(6)
Non-owner-occupied short-term rentals.
F.
Conditions and restrictions. The following conditions and restrictions shall apply to each parcel on which a short-term rental special permit is approved under these provisions, or site plan review per Article XII is approved:
(1)
All applicable building and fire codes must be complied with.
(2)
Adequate on-site parking, as determined by the SPGA, shall be provided, to be determined by the number of bedrooms within the short-term rental.
(3)
No exterior signage is permitted.
(4)
There shall be no exterior storage of materials, equipment, vehicles or other supplies used in conjunction with the short-term rental business.
(5)
A business license from the Town Clerk must be obtained.
(6)
A lodging permit from the Board of Health must be obtained.
(7)
An annual short-term rental license must be obtained through the Building Commissioner.
(8)
The Planning Board may waive any of these conditions as deemed appropriate to the specific conditions of the site.
(9)
The Building Commissioner may adopt regulations for the administration of this bylaw and short-term rental special permits.
(10)
No more than one short-term rental is permissible on any one tax parcel, or group of parcels under common ownership.
(11)
Any approved special permit shall expire with a lapse or revocation of the annual rental registration license, and/or a change in ownership of the property. The special permit is nontransferable.
