Cornices may extend not more than 1 1/2 feet over or into
any required front, side or rear yard.
This bylaw shall not be considered as preventing the strengthening
or the restoration to a safe or sanitary condition of any building
or wall declared unsafe or unsanitary by the Building Commissioner.
No lot shall be so reduced in size or area that any required
yard, court or open space will be smaller than is prescribed by this
bylaw for the district in which it is located.
Between the lines of streets intersecting at an angle of less
than 135° and a line joining points on such lines of 10 feet distant
from that point of intersection, no building or structure may be erected
and no vegetation maintained between a height of 2 1/2 feet and
a height of eight feet above the plane through their curb grades.
A.
Permit required; exemptions.
(1)
In
any zoning district, removal or addition of sod, loam, clay, gravel,
quarried stone, or kindred materials shall not be undertaken if such
removal or addition results in a change in the contours of the land,
except by an earth removal, excavation, and/or fill permit from the
Building Commissioner.
(2)
Exemptions. The aforementioned permit shall not be required when
the removal, excavation and/or fill activity is incidental to and
in connection with any of the following activities:
(a)
Construction of a structure on the premises for which a building
permit has been issued, or incidental to the grading and development
of contiguous property, and provided that such removal, excavation
or addition is limited to the area within a distance not more than
100 feet from the building or improvements authorized under said permit.
(b)
Development of site improvements for a subdivision for which
definitive plans have been approved, and endorsed by the Planning
Board.
B.
Classification of activities. Earth removal, excavation, and fill
activities are classified as either:
(1)
Major earth removal, excavation, and/or fill activities. These activities
involve the removal, excavation, and/or addition of 5,000 or more
cubic yards of material for use on parcels of land other than the
parcel(s) from which the materials were removed or extracted.
(2)
Other earth removal, excavation, and/or fill activities. These activities
involve the removal, excavation and/or addition of materials not otherwise
classified as major earth removal, excavation and/or fill activities.
C.
Planning Board approval required; application requirements.
(1)
Major earth removal, excavation, and/or fill activities. Prior to
applying for a permit from the Building Commissioner, the applicant
must apply for and receive a special permit from the Planning Board.
Applications for such a special permit must include all items required
for a special permit application and items required under this section.
(2)
Other earth removal, excavation, and/or fill activities. Prior to
applying for a permit from the Building Commissioner, the applicant
must receive approval of the plans for removal, excavation, and fill
from the Planning Board. Applications must include all items required
under this section of the Zoning Bylaw.
(3)
Application requirements. Each application for Planning Board approval
shall include the following items:
(a)
A map prepared at the expense of the applicant showing the property
boundaries, the existing contours of the land, and the contours as
they are proposed after completion of the operations. Such map or
plan shall be accurately drawn on reproducible paper or cloth, the
contour interval being two feet, and shall contain complete information
to make the physical characteristics clear.
(b)
Application fee.
(c)
Pictures of the existing conditions of the site.
(d)
Description of proposed source of fill material to be added
to the site and use of excavated materials.
(e)
An estimate of the cost to restore the site to its proposed
finished condition.
(f)
Timetable for completion of the operations.
(4)
Supplemental application requirements. For major activities, the
following items must also be included in the application:
(a)
A detailed cost estimate certified by a qualified engineer to
restore the site to its proposed finished condition.
(b)
Description of the proposed financial security to cover the
cost of restoring the site to its proposed finished condition.
(c)
Documentation of the elevation of the seasonal high water table.
(5)
No permit shall be issued until such plan has been filed with the
Planning Board, the approval of said Planning Board recorded on the
plan, and a copy of said approved plan submitted to the Building Commissioner.
D.
Limitations on operations. No applicant shall carry on operations
above or below such a grade as may be fixed by the Planning Board
without, on each occasion, obtaining the permission of said board
in writing, but a tolerance of six inches shall be permitted during
or at the termination of operations. Further, operations must be carried
out in accordance with the conditions of the Planning Board approval.
(1)
Prohibited area. No major earth removal, excavation, or fill activity
shall be permitted in the area bounded as follows: on the south by
Route 47, Pearl Street, and Route 116; on the east by Route 116 and
the Granby Town Line; on the north by the Amherst and Hadley Town
Lines; and on the west by Route 47 and the Hadley Town Line.
(2)
Finished grade. The finished grade for any major earth removal, excavation,
and fill activity shall be no steeper than a 3:1 slope unless the
Planning Board, based upon adequate engineering analysis and certification,
determines that sufficient precautions for erosion and runoff are
established to ensure the work is consistent with the purposes of
the Zoning Bylaw.
(3)
Depth to water table. No excavation activity shall be nearer than
five feet to the seasonal high water table.
E.
Extension of time limit. A permit issued for the removal or addition
of materials shall state the time within which work is to be carried
on and finished and the land is brought to the predetermined grade,
but the Building Commissioner, with the approval of the Planning Board,
and without consent of any surety, may extend the permit from time
to time.
F.
Surety requirement. The Planning Board may require a bond in a sufficient
penal sum with sufficient surety or sureties conditioned on the performance
of the requirements herein set forth and of the conditions of the
permit.
A.
Signs in Business and Industrial Districts. Signs pertaining to the
occupant of the premises or to the type of goods sold or services
rendered on the premises are permitted in the Business A-1, Business
A, Business B, Business C, Industrial A, Industrial B, and Industrial
Garden Districts, provided the following requirements are adhered
to:
(1)
The sign or signs shall be attached parallel to the wall of the principal
building; the aggregate area of such a sign or signs on any one face
of a building shall be less than 10% of the area of such building
face, including openings; and such signs do not extend above a flat
roof or eave line of a pitched roof more than 10% of the average height
of the front elevation of such building. No sign shall be painted
on the wall of any building.
(2)
One freestanding sign is permitted per lot if located at least 30
feet from an adjoining lot line and 10 feet from the street line and
does not exceed an area of one square foot for each four lineal feet
of lot frontage occupied by the premises, or 60 square feet, whichever
is smaller.
(3)
Signs with any moving or flashing part, all signs of the traveling
light or animated type, and all beacons and flashing devices, whether
a part of, attached to, or apart from a sign, are prohibited. All
illumination of signs must be arranged and shielded so that the source
shall not be visible from a public way or adjacent property.
(4)
Notwithstanding the limitation of Subsection A(2), facilities with multiple tenants, including separate tenants on freestanding parcels which were created as a plan for such facility (i.e., shopping centers, industrial parks, and office parks), are permitted to also have a single freestanding sign to identify the name and location of said center or park and list the names of the several businesses located in said center or park.
(a)
This freestanding sign must be located at least 30 feet from
an adjoining lot line and 10 feet from the street line and shall not
exceed an area of one square foot for each four lineal feet of lot
frontage occupied by the premises, or 60 square feet, whichever is
smaller.
(b)
Names of businesses located on individual parcels which were
depicted as individual parcels on the site plan approved by the Planning
Board and subsequently divided from the original parcel on which the
center or park was developed may be listed on the freestanding sign
of the center or park; however, 50% of the area of the center or park
sign which is occupied by the name of the business is to be deducted
from the maximum size of the freestanding sign allowed on the individual
parcel on which the business is located.
(c)
The space allotted for the name of a business not located on
the parcel on which the sign structure is located may not exceed 20
square feet.
B.
Signs in Residence and Agricultural Districts. All signs are prohibited
in Residence and Agricultural Districts, except the following:
(2)
A single sign, not more than four square feet in area, located flat
on a building or dwelling in a Residence C District, identifying the
name of the building. Any illumination of such sign shall be continuous
indirect lighting.
(3)
Real estate signs having an area of not more than five square feet
advertising the sale, rental or lease of the premises on which they
are maintained.
(4)
To provide for the identification of public facilities, to convey
activities and events associated with such facilities, and temporary
and emergency messages, one freestanding sign may be permitted on
a parcel occupied by a municipal (Town of South Hadley, South Hadley
Fire District Number One, and/or South Hadley Fire District Number
Two), state, or federal facility. Said sign shall be located at least
30 feet from an adjoining lot line and 10 feet from the street line
and shall not exceed an area of 0.75 square foot for each four lineal
feet of lot frontage occupied by the premises, or 20 square feet,
whichever is smaller. Further, the height of such signs shall not
exceed six feet at any point.
(5)
One residential development sign may be permitted in any zoning district,
provided the development and the sign conform to the following:
[Added 5-9-2018 ATM by
Art. 19]
(a)
The development consists of no less than 10 residential dwellings.
(b)
If the development is undertaken in multiple phases, the total
development shall only be permitted to have one residential development
sign.
(c)
The approved access within the development is not a Town-accepted
public way.
(d)
Removal of the sign will be required prior to the access becoming
a Town-accepted right-of-way.
(e)
The sign shall be located on private property and set back at
least 10 feet from any street lot line.
(f)
The maximum surface area of each side of the sign shall be at
the discretion of the Planning Board but shall not exceed 16 square
feet.
(g)
The sign shall not have more than two sides.
(h)
The top of the sign shall not rise more than five feet above
the ground or sidewalk within five feet of the sign.
(i)
The sign must be incorporated into and be an integral part of
the landscaping for the development.
(j)
The materials used for construction of the sign and the design
of the sign are to be reflective of the materials and character of
the development to the extent feasible.
C.
Political signs. Political signs, including but not limited to signs
advertising or promoting candidates for public office or urging positions
on questions appearing on the ballot of a regular or special election,
are permitted in all districts, in excess of the usual limits, for
a period of 45 calendar days prior to the election and shall be removed
within 10 calendar days following the election.
D.
Traffic control. Traffic control and directional signs by municipal,
state and federal agencies are permitted in all districts.
E.
Directional signs. Directional signs by private nonprofit institutions
or nonprofit organizations shall also be allowed in all districts;
provided, however, that such signs shall be subject to the following
limitations:
(1)
The maximum size of such signs shall be 300 square inches.
(2)
No more than three such signs shall be permitted for any institution
or organization.
(3)
Any such sign erected or installed within the boundaries of a street
must be approved by the Town Engineer in order to ensure that it does
not constitute a safety hazard.
F.
Temporary signs. A temporary real estate sign, advertising the availability
of the property for sale, may be erected for a period extending only
until such property is sold. Such sign shall not exceed 20 square
feet in area and shall be located at least 10 feet from the street
line or on a building if in closer proximity to the street line.
G.
Illumination of signs. No illuminated signs shall be permitted unless
first approved by the Planning Board. Prior to approving an illuminated
sign, the Planning Board must make a determination that the sign will
not be adverse to the character of the surrounding neighborhood or
the community. The Planning Board shall notify, by mail, abutters
of the date, time, and place of the Planning Board meeting at which
the request for an illuminated sign is to be considered.
(1)
Exception. Traffic control and directional signs by municipal, state
and federal agencies shall be excepted from this requirement.
(2)
Adverse to surrounding neighborhood or community. Signs which illuminate
more than what is necessary to convey the message or name being promoted
or create glare which may impact motorists are generally considered
to have an adverse impact on the community. Such adverse impact arises
from excessive light pollution. Therefore, in determining whether
to approve the illumination of a sign, the Planning Board shall:
(a)
Consider and minimize the illumination impact of the signage
illumination on the surrounding properties; and
(b)
Only approve internally illuminated signs where only the lettering
or logo of the enterprise or message being promoted are illuminated;
and
(c)
Ensure that the illuminated sign does not illuminate adjoining
or nearby residential properties or pose a danger to motorists on
adjoining or nearby roadways which might arise from glare from the
illumination source; and
(d)
Not approve exposed or illuminated neon signs; and
(e)
Require that illumination sources not illuminate the background
or field of a sign except to the extent that the background or field
(due to the shape of the sign area) is clearly a logo of the company
or enterprise being advertised.
A.
Findings and purpose. The Town finds that large and highly visible
parking areas represent one of the most objectionable aspects of commercial
development. Such parking lots damage the historic layout and architectural
fabric of traditional settlements, harm the natural environment and
visual character of the community, interfere with pedestrian safety
and accessibility, and reduce the quality of life in developed areas.
However, the Town also recognizes that inadequate parking can diminish
quality of life by creating traffic congestion, safety hazards, and
inconvenience. The Town therefore seeks to balance the need for adequate
parking with the need to minimize harm resulting from the provision
of parking, and to avoid the negative impacts of excessive parking
lot construction.
B.
Minimum parking required for residential uses.
(1)
For single-family or two-family dwelling: two spaces per dwelling
unit.
(2)
For multifamily dwelling: 1 1/2 spaces per dwelling unit. This
number may be increased by the Planning Board for dwelling units with
two or more bedrooms.
(3)
These requirements may be reduced for dwelling units with less than
1,000 square feet of floor area, senior citizen housing, mixed-use
development, or other appropriate circumstances if the Planning Board
determines that such reductions are warranted.
(4)
Parking spaces in driveways shall count toward the fulfillment of
the minimum parking requirements, provided that they do not interfere
with pedestrian circulation or encroach into the public right-of-way.
C.
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection C(1) below shall be applied and may be increased or reduced by the Planning Board according to the criteria in Subsection C(2) below.
(1)
Provisional parking standards.
(a)
Retail or personal services uses: four spaces per 1,000 square
feet of enclosed floor space, excluding space used for storage.
(b)
Industrial/Warehouse uses: one space per 1,000 square feet of
enclosed floor space or one space per anticipated employee, customer,
and company vehicle.
(c)
Office uses: three spaces per 1,000 square feet of floor space.
(d)
Hotel, motel: one space for each guest room plus one space for
each nonresident employee and one space for every 200 square feet
of floor space for meetings and functions.
(e)
Restaurants, theaters, and other places of public assembly:
one space for every three seats.
(f)
Uses not listed above: as appropriate to the circumstances based
upon information submitted by the applicant and obtained by the Planning
Board based upon its knowledge of the community, conditions in the
surrounding area, and information provided from other sources.
(2)
Criteria for applying provisional standards. In applying or modifying
the provisional parking standards for any proposed use, the Planning
Board shall consider:
(a)
The maximum number of vehicles that would actually be parked
at the use at times of peak usage. Parking spaces shall be sufficient
to satisfy 85% of the anticipated peak demand. The likelihood of people
walking, bicycling, or carpooling to the proposed use shall be taken
into consideration.
(b)
The size of the structure(s) and the site.
(c)
The environmental, scenic, or historic sensitivity of the site
(including applicable limitations on impervious surfaces). In cases
where sufficient area for parking cannot be created on the site without
disturbance to these resource values, the Planning Board may require
a reduction in the size of the structure so that the available parking
will be sufficient.
(d)
The availability of safely usable on-street parking.
(e)
The availability of off-site off-street parking within 400 feet
that is open to the public, owned or controlled by the applicant,
or available on a shared-use basis, provided that the applicant dedicates
such off-site land for public parking or demonstrates a legal right
to shared use.
(f)
The requirements for parking for the disabled as prescribed
by the Americans with Disabilities Act.
(3)
Set-aside for future parking. The Planning Board may, as a condition
of reducing the provisional parking standards, require an applicant
to set aside land to meet potential future parking needs. Such land
may remain in its natural state or be attractively landscaped, but
may not be used in a manner that would prevent it from being developed
for parking in the future. Parking by patrons, customers, or employees
on a public or private street or way that is not along the street
frontage of the premises ("spillover parking") shall be considered
evidence of the inadequacy of the off-street parking provided for
both new uses and the conversion or expansion of existing uses. Such
spillover parking shall trigger the requirement that land set aside
for future parking shall be improved for use as off-street parking.
Such requirement shall be enforced by the Building Commissioner in
consultation with the Town Planner.
D.
Design, layout, and construction of parking areas for nonresidential
and multifamily residential uses.
(1)
Location and screening.
(a)
All off-street parking shall be located behind, underneath, or to the side of the principal building, except as provided in Subsection D(1)(b) and (c) below. The Planning Board may modify or waive this requirement on lots that are located in the Business and Industrial Districts where unusual lot configurations such as corner lots, narrow lots, or through lots make compliance with this requirement impractical or impossible, where parking visible from the road is a commercial necessity for the business, or where most surrounding development already has parking in front of buildings, provided that the applicant mitigates the visual impacts of such parking areas using appropriate landscaped buffers. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads. Wherever feasible due to topographic conditions, parking shall be located underneath buildings.
(b)
Within any district, parking may be located anywhere on the
site if it is screened from public roads and adjoining properties,
or if it is part of a commercial or institutional development which
is not visible from any public road, public recreation area, public
building, or residential property.
(c)
Within the Business A and Business B Districts, a maximum of
one row of on-site parallel, perpendicular, or diagonal parking may
be located in front of the principal building, but not within the
area required for the front setback. If parking spaces are located
in front of the principal building, a minimum of 20 feet of the front
setback area shall be planted with a row of street trees or an appropriate
combination of street trees and shrubs spaced at intervals sufficient
to provide suitable screening. This tree-planting requirement may
be modified or waived where parking visible from the road is a commercial
necessity for the business. The shrub layer shall not be required
within the South Hadley Falls Overlay District.
(d)
If a parking lot containing 10 or more spaces lies within or
borders a Residential District, a buffer zone at least 30 feet wide
shall be planted with trees or dense vegetation to provide screening
along all boundary lines, unless the adjoining properties are in nonresidential
districts or contain a nonresidential use.
(2)
Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and run-off. Overflow or peak period parking surfaces shall be permeable. Pervious pavement shall be counted only partially toward the maximum allowable impervious surface requirements contained in § 255-21. (See definition of "impervious surface coverage.") Oil traps may be required for larger paved parking lots. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.
(3)
Landscaping and lighting. Parking areas shall be landscaped and lighted in compliance with Article XII.
(4)
Nonconforming parking lots shall be brought into conformity with this § 255-86 to the extent practicable whenever a site plan or special permit application is filed for an expansion or change of the use. In applying this requirement, the Planning Board may require reasonable improvements in landscaping, access, drainage, lighting, and buffers that are proportionate in scope to the impact of the change in use, provided that such required improvements do not make the proposed change in use economically infeasible.
(5)
The Planning Board may promulgate rules, regulations, or guidelines
for the dimensions of parking spaces, parking lot aisles, striping,
and other design features internal to parking lots, consistent with
the regulations herein.
E.
Commercial vehicles in Residence and Agricultural Districts. In Residence
or Agricultural Districts, 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/
VehicleClassTypeClassifications.aspx), may be parked on any lot, except
in the case of a farm that is partially exempted from zoning regulation
under MGL c. 40A, § 3.
Mobile homes, house trailers and recreational vehicles are prohibited
as structures for residential use in all zoning districts. Not more
than one mobile home, house trailer or recreational vehicle per family
may be kept or stored on any lot where the principal use of said lot
is residential in nature, and such mobile home, house trailer or recreational
vehicle shall not be used for living quarters.
A.
The keeping of more than one unregistered vehicle, assembled or disassembled,
except by a person licensed under MGL c. 140, § 59, on any
premises shall not be permitted unless said motor vehicle is stored
in an enclosed building or otherwise out of sight of all abutters
and public ways.
B.
Whoever violates any provisions of this section shall be liable to
a penalty for each day of violation, commencing 10 days following
date of receipt of written notice from the Board of Selectmen. This
section shall not apply to motor vehicles which are designated and
used for farming purposes.
Private swimming pools, as defined herein, shall be permitted
as accessory uses to residential dwellings provided that they conform
to the following standards:
A.
Location. The location on a lot of a pool and its appurtenant structures
shall conform to the minimum front, side and rear yard requirements
of the respective zoning district, but in no case shall the pool be
located nearer than 10 feet to any side or rear lot line.
B.
Operation. The operation and maintenance of all pools shall comply
with the rules and regulations of the Board of Health.
Each dwelling unit in a two-family (new or converted), three-family,
or multifamily structure shall contain a minimum floor area of 420
square feet. In computing the required minimum floor area, only the
area devoted to the exclusive use of the dwelling unit for living
purposes shall be considered. Storage areas, hallways, breezeways,
balconies, foyers, and other areas in common with other tenants shall
not be included.
A.
Purposes. These floodplain regulations are intended to provide standards
for the use of those lands deemed subject to seasonal or periodic
flooding, and are enacted for the following purposes:
(1)
To eliminate potential dangers to the health and safety of occupants
of said lands, or of the public generally;
(2)
To prevent loss and damage to property, and relieve the burden from
the public of costs resulting from the unwise use of said lands; and
(3)
To retain the natural storage capacity of the watershed, and assure
the continuation of the natural flow pattern of watercourses within
the Town, in order to avoid encroachment on the floodplain which would
increase the extent and severity of flooding up- and downstream.
B.
Floodplain District.
(1)
The Floodplain District is herein established as an overlay district.
The Floodplain District includes all special flood hazard areas designated
as Zone A, A1-30 on the South Hadley Flood Insurance Rate Maps (FIRM),
and all areas within the limits of the one-hundred-year flood boundary
indicated on the Flood Boundary and Floodway Map, said maps dated
August 15, 1979, having been prepared by the United States Department
of Housing and Urban Development (HUD) and having been placed on file
with the Town Clerk, Planning Board and Building Commissioner. These
maps, as well as the accompanying South Hadley Flood Insurance Study,
are incorporated herein by reference.
(2)
The above-described Floodplain District is hereinafter also referred
to as the "floodplain." The floodway is hereby defined to include:
a) the area shown as within the floodway on the above-referenced maps,
and b) the area within the floodplain which lies 10 feet or more below
the elevation of the floodplain limits. The boundaries of the floodway
shall be determined by the limits of the more extensive of the aforesaid
areas.
(3)
Within Zone A, where the base flood elevation is not provided on
the FIRM, the applicant for any building permit shall obtain any existing
base flood elevation data and it shall be reviewed by the Building
Commissioner for its reasonable utilization toward meeting the elevation
or floodproofing requirements, as appropriate, of this section and
of the State Building Code.
C.
Permitted uses.
(1)
Within the floodplain but outside of the floodway, all uses as permitted
in the applicable zoning district are allowed, provided that the lowest
floor, including basement or cellar, of any building or structure
is constructed at an elevation above the elevation of the floodplain
limits as defined in the above-referenced maps.
(2)
Within the floodway, only uses not involving a building, such as
farming, forest management, nurseries, conservation areas, parks,
playgrounds, boat landing ramps, public utility wires and pipe lines,
and vehicular parking areas are permitted. Open storage of materials
or equipment subject to flotation or washing away, such as lumber
storage, is not a permitted use nor is the storage of inflammable
liquids such as petroleum.
(3)
The addition or filling of soils, gravel, rocks, waste materials
or other substances to raise the elevation or contours of land in
the floodway is prohibited.
D.
Exceptions. The Planning Board, acting as the special permit granting
authority, may grant a special permit for the construction of nonresidential
structures or buildings in the floodplain but not in the floodway,
provided that the following conditions are satisfied:
(1)
The building or structure is a permitted use in the applicable zoning
district; and
(2)
Such building or structure shall be designed and constructed to meet
the structural design requirements for floodproofing as specified
in the Massachusetts State Building Code, as amended, up to an elevation
not less than two feet above the elevation of the floodplain limits.
Working plans and specifications bearing the seal of a registered
architect or engineer shall be submitted to the Planning Board and
the Building Commissioner to verify that the proposed construction
will withstand flood conditions as set forth in said State Building
Code.
(3)
The Planning Board may attach conditions to such special permit to
protect the health and safety of the occupants of the premises, to
prevent loss and damage to the property, and to ensure that construction
and improvements on the land will not result in flood channel impoundments
creating hazardous conditions for those properties upstream from that
of the applicant.
E.
Floodway and base flood elevation data.
(1)
Floodway data. In Zone A and Zones A1-30, along watercourses that
have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(2)
Base flood elevation data. Within unnumbered A Zones, applicants
proposing developments (including but not limited to subdivisions)
involving more than 50 lots or five acres (whichever is the lesser)
must provide base flood elevation data.
F.
Notification of watercourse alteration. Any person intending to alter
or relocate a watercourse in a riverine situation must notify the
following:
G.
Compliance with other regulations.
(1)
All development and use of land in the Floodplain District, including structural and nonstructural activities, whether permitted by right, special permit or site plan review (noted as Y, SP, SPR respectively in the Table of Use Regulations included as an attachment to this chapter) must be in compliance with MGL c. 131, § 40 and with other state and local regulations, including, but not limited to, the following:
(2)
Variances granted by the Town of South Hadley under MGL c. 40A or the Town's Zoning Bylaw do not convey a grant of a variance from state regulations. Accordingly, any variances from the provisions and requirements of the state regulations referenced in Subsection G(1)(a) or (b) above may only be granted in accordance with the required variance procedures of the applicable state regulations.
H.
Supplemental requirements and restrictions.
(1)
In Zones A1-30, along watercourses that have a regulatory floodway
designated on the South Hadley FIRM, encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(2)
All preliminary and definitive subdivision plan and site plan proposals
must be designed, and are to be reviewed, to assure that:
A.
Purpose. In view of the existing shortage of conventional energy
sources, it has been determined to be in the public interest to encourage
the use of solar energy for heating and cooling of buildings and providing
hot water for use in buildings or swimming pools. The use of solar
collectors for this purpose requires adequate access to sunlight by
each lot without obstruction by adjacent structures. It is the intent
of this section to encourage the use of solar collectors by protecting
access to sunlight in a manner consistent with the other purposes
of this bylaw.
B.
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR SKYSPACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device, or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy and that contributes significantly to
a structure's energy supply.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
C.
Permitted use. The use of solar energy collectors for the purpose
of providing energy for heating and/or cooling is a permitted use
within all zoning districts, whether as a part of a structure or incidental
to a structure or group of structures in the nearby vicinity. No guarantee
is hereby given that the use of solar collectors is economically or
technically feasible on all property within the Town.
D.
Protection of solar collectors' access to light. Skyspace easements
across contiguous or nearby lots, tracts, or land may be created to
establish a window or exposure to the sun so as to protect an existing
or intended solar collector's exposure to the sun from obstruction
by buildings or trees.
E.
Variances.
(1)
The inability of a property owner to site a structure within the
confines of the prevailing lot dimensions for the purpose of obtaining
unimpaired solar access may constitute a hardship under the provisions
of MGL c. 40A, § 10.
(2)
Variances may be granted by the Board of Appeals from dimensional
restrictions such as height, setback, and lot density where such variances
are necessary to permit unimpaired access to the sun during hours
of 9:00 a.m. to 3:00 p.m. so long as such variances do not interfere
with an existing solar collector to any degree or preclude the construction
of a solar collector on northerly property within the reasonable vicinity
and are not otherwise injurious to adjacent property.
A.
Definition. A wind energy conversion system (WECS) is any device
(such as a wind charger, wind turbine, or windmill) that converts
wind power to another form of energy such as electricity or heat.
B.
Special permits. The construction of a wind energy conversion system in excess of the height permitted by right in any district shall require a special permit from the Planning Board. In addition to the procedures and standards for special permits provided in Article IX of this bylaw, the following additional provisions shall apply to special permits for wind energy conversion systems:
(1)
Special permit applicants shall file technical performance and safety
data obtained from an appropriate testing facility that illustrate
sufficient safety levels in the operation of the system. The Planning
Board shall issue a special permit only upon certification by the
Town Engineer that the proposed project meets acceptable standards
of safety and durability.
(2)
The WECS shall be set back from any property line at least one foot
for every foot of the structure's height.
(3)
A fence of at least six feet in height with a locking portal shall
surround any WECS and the climbing apparatus shall stop at least 12
feet short of the ground so as to reduce the potential climbing hazards.
(4)
If it is determined by the Town Engineer that a WECS facility is
causing interference to television or radio reception, the Town reserves
the right to rescind the applicable special permit and to cause such
facility to cease operation.
Upon application to the Board of Selectmen, an owner of real
estate located within the Town of South Hadley may seek permission
to be allowed to reside with his or her family in a temporary shelter,
which shall include but not be limited to a mobile home, on said real
estate, which proposed habitation is necessitated by a disaster rendering
his/her residence on said property unfit for human habitation. Similarly,
a tenant may request such permission, provided that he or she has
obtained written consent from the owner. If the Board of Selectmen
grants such permission, it shall not exceed six months in duration
from the date of a permit. Application may be made to the Board of
Selectmen for an extension of said six-month permit by an individual
originally granted a permit for a period not exceeding an additional
six months. In considering the granting of any such extension(s),
the Board of Selectmen shall determine if the restoration and/or reconstruction
of said residence on said premises has proceeded in a diligent manner.
It is not the intent of this provision that individuals shall have
the right to reside within a temporary shelter in conflict with other
provisions of the bylaw, but only under the circumstances outlined
in this section.