Town of Stoughton, MA Special Districts

9.1 Aquifer Protection Overlay District.

9.1.1.

Map of aquifer protection areas. Certain areas consisting of aquifers and/or aquifer recharge areas, including areas that through hydrogeologic testing are considered for potential public water supply, are delineated on a map entitled "Town of Stoughton, Massachusetts Town-wide Hydrogeologic Study, Hydrogeologic Zone Delineations and Groundwater Protection Areas, Camp Dresser & McKee, Inc., Environmental Engineers, Cambridge, Massachusetts, Scale: 1"=1200', January 1993" and as it may be amended from time to time by vote of the Town Meeting. Said map is on file with the Office of the Town Clerk. The Aquifer Protection Overlay District is comprised of Zone II and Zone IIIA on the above-referred-to map.

9.1.2.

Regulations. Those uses regulated or prohibited within the Aquifer Protection Overlay District are set forth at entries B.15, D.15, D.18, and F.14 in the Table of Use Regulations.[1]

[1]

Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.

9.2 Wetlands, Flood Hazard and Watershed Districts.

9.2.1.

Short title. This section shall be known as the "Wetlands Protection Bylaw" of the Town of Stoughton.

9.2.2.

Purposes. The purposes of this Wetlands Protection Bylaw are:

To provide that the lands hereafter described in the Town of Stoughton, Massachusetts, subject to seasonal or periodic flooding, shall not be used in such a manner as to endanger the health or safety of the occupants or neighbors thereof.

To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve existing and potential public and private water supplies, thereby assuring the public health and safety of the residents of the Town of Stoughton.

To assure the continuation of the natural flow pattern of the watercourses within the Town of Stoughton in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

To protect the community against costs and hazards to life, health and safety which may be incurred when unsuitable development occurs in watershed areas and in swamps, marshes, bogs, wet meadows, and other wetlands, along watercourses, or in areas subject to floods.

To protect existing property owners from damages arising out of the development of watershed areas, flood hazard areas and wetland areas including damages consequent to the obstruction of flood run-off and consequent to the disruption of the natural water table resulting from the alteration of existing surface or subsurface water flows.

To protect future property owners who, but for these regulations, would purchase, develop or use for residential, business, industrial or recreational purposes, areas subject to periodic damage by flooding.

To protect the Town from individual choices in the use of land which would likely require significant and extraordinary subsequent public expenditures for public works or disaster relief.

To conserve, in those areas not suitable for the purposes prohibited in this section, natural condition, wildlife and open spaces for the general health, safety, and welfare of the public.

9.2.3.

Definitions. See Section 11.1, definition of "Wetlands Protection Bylaw."

9.2.4.

Use regulations; Flood Hazard and Wetland Districts. The Flood Hazard and Wetlands Districts shall be considered as overlying other zoning districts. Any use permitted in the portions of the zoning districts so overlaid shall be permitted (subject to the applicable provision of Subsection C of § 191-4 of this Wetlands Protection Bylaw) in the Flood Hazard and Wetland Districts, provided that, except as herein otherwise specifically provided, no building or structure shall be erected, constructed, altered, enlarged or moved into or within, no dumping, paving, filling or earth transfer or relocation shall be permitted nor shall such districts be used for any purpose except the following, which shall be allowed only to the extent permitted in the underlying zoning district and subject to all other applicable Town bylaws and to all federal, state, or local regulations governing construction in flood hazard or wetland areas or otherwise pertaining to the proposed use:

Conservation of water, plants and wildlife.

Wildlife management areas, foot, bicycle and/or horse paths.

Farming, including truck gardening, forestry nurseries, and harvesting of crops, provided that such activities are more distant than 10 feet from the normal high-water mark for the month of April of any stream, brook, or other waterway.

Grazing of livestock.

Routine operation, maintenance and cleaning of existing dams, culverts, drainage, ditches, streams, rivers, ponds, lakes, and other waterways and water-control devices, subject to state and local laws.

Temporary alteration of water levels and drainage and storage patterns for emergency reasons subject to the emergency procedures set forth in MGL c. 131, § 40, or any successor statute thereto.

Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted, but excluding buildings or accessory buildings except as otherwise herein permitted.

Structures (whether located in or outside of Wetland or Flood Hazard Districts) lawfully existing prior to the adoption of this Wetlands Protection Bylaw (hereafter "pre-existing structures"), including enlargement and/or extension thereof, into Flood Hazard or Wetland Districts and the maintenance and reconstruction thereof, or construction of accessory structures to such pre-existing structures, provided that such construction, reconstruction, or alterations within the Flood Hazard or Wetland Districts shall not increase the area of ground coverage in the Flood Hazard or Wetland Districts of the pre-existing structures and such accessory structures considered in the aggregate by more than 40% over the area (whether such area was located in or outside of the Wetland or Flood Hazard District) which was covered by the pre-existing structures.

Septic systems lawfully existing within Wetland and Flood Hazard Districts prior to the adoption of this Wetlands Protection Bylaw, including maintenance, reconstruction, enlargement and/or extension thereof. Nothing herein shall prohibit the enlargement and/or extension into a Flood Hazard District of septic systems lawfully existing wholly or partially outside of the Flood Hazard District at the time of the adoption of this Wetlands Protection Bylaw.

10.

The construction, reconstruction, enlargement or extension of paved play areas, tennis courts, driveways, swimming pools, and the like incidental to a residential structure lawfully existing prior to the adoption of this Wetlands Protection Bylaw.

11.

The construction, installation and maintenance by a private contractor pursuant to an approved subdivision plan or by public utilities or by the Town of Stoughton of public or municipal utilities including, without limitation, storm and sanitary sewers, sewer connecting lines (by a contractor approved by the Town of Stoughton except in a subdivision that is under covenant or bond), pumping stations, water and gas lines, electric transmission lines and telephone lines, provided that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored.

12.

The placement of signs, provided such signs do not affect the natural flow pattern of any water course.

13.

Temporary stands for refreshment or for the sale of produce grown on the premises.

14.

Temporary location of carnivals, fairs, circuses, arts and crafts displays, flea markets, concerts, and similar recreational and educational uses.

15.

Any of the following uses if a special permit is, in each case, obtained from the Board of Appeals, provided that subsequent to the completion of such work the pre-existing water storage and flowage characteristics of the land are approximately restored:

Greens and fairways for golf courses.

Range area for rifle or archery clubs.

16.

Bridges, causeways, elevated walkways or access roads ancillary to permitted or permissive uses within or near the underlying zoning districts upon special permit from the Board of Appeals, provided that subsequent to the completion of such work, the pre-existing water storage and flowage characteristics of the land are approximately restored.

17.

Construction of ponds, retention ponds, dams, and relocation of waterways, provided that a special permit is obtained from the Board of Appeals, which special permit may only be granted upon a clear showing by the applicant that the conditions set forth in this Wetlands Protection Bylaw and all of the following conditions shall have been satisfied:

The instantaneous overflow from such pond, retention pond, waterway, or dam (without the need for adjustment or manual control) during a one-hundred-year storm, measured at the boundary of the applicant's property, will not be greater than the instantaneous outflow as it would have been during such storm at such boundary prior to the construction of such pond, retention pond, waterway, or dam.

The area inundated by such pond, retention pond, waterway, or dam, during normal conditions and during a one-hundred-year storm, shall not exceed the limits of the applicant's property or such other limits as the applicant shall have the right by valid instrument to flood.

Such normal and one-hundred-year inundation shall not cause other structures, including existing septic systems or other uses, to be brought within 25 feet (or such greater distance as may be required by law) of such inundated area.

The course of the run-off from said pond, retention pond, waterway, or dam shall be unaltered downstream of the applicant's property subsequent to the construction of such pond, retention pond, waterway or dam except as affected landowners, downstream, may otherwise agree in writing.

The groundwater table in the area surrounding the pond, retention pond, waterway, or dam shall not be altered to the detriment of neighboring landowners, whether or not the lands of such owners abut the property of the applicant.

Except as herein otherwise provided, the construction, location, capacity, and outflow of the pond, retention pond, waterway, or dam shall not be inconsistent with the overall drainage plan of the Town of Stoughton as it applies to the area in which the applicant's property is located.

Under normal and low flow conditions, the instantaneous outflow from the proposed pond, retention pond, waterway or dam measured at the boundary of the applicant's property will be (without the need for adjustment or manual control) approximately equivalent to the instantaneous outflow at such point under similar conditions prior to the construction of such pond, retention pond, waterway or dam; and

The pond, retention pond, waterway or dam shall otherwise be constructed in accordance with applicable federal, state or local laws pertaining to the construction, maintenance and operation of man-made dams, ponds, retention ponds or waterways.

9.2.5.

Use regulations; Watershed Districts. The Watershed Districts shall be considered as overlying other zoning districts and may be used to the extent permitted in the underlying zoning district, provided that, except to the extent permitted in Flood Hazard and Wetland Districts, no new buildings or structures shall be erected, constructed, altered, enlarged or moved into or within, and no dumping, paving, filling or earth transfer or relocation shall be permitted in the Watershed Districts (except as permitted Flood Hazard or Wetland Districts) within 25 feet of a flood hazard or wetland area, and all uses in such Watershed Districts shall be subject to the applicable conditions of this section and subject to the restrictions on use in the underlying zoning district and all other restrictions in any other applicable Town bylaws and regulations.

9.2.6.

Special conditions on otherwise permitted uses in Flood Hazard, Wetland and Watershed Districts. In Flood Hazard, Wetland and Watershed Districts, the following special conditions shall also apply:

All structures approved for construction within any Watershed District and required by law to be served by sanitary facilities or which are, in fact, to be served by such facilities, shall be connected to the Town's sewerage system, shall be connected to suitable self-contained and closed sanitary systems which do not permit seepage or percolation into the soil, or shall be connected to a Board of Health approved on-lot subsurface septic system that is not within 25 feet (or such greater distance as may be required by law) of a Flood Hazard or Wetland District.

All drainage in any Flood Hazard, Wetland or Watershed District shall comply with the regulations of the Stoughton Conservation Commission and the Board of Selectmen acting as sewerage and drainage Commissioners.

The portion of any lot within the Flood Hazard or Wetland Districts may be used to meet or determine the area requirements for the underlying district in which the lot is situated, provided that the portion so utilized does not exceed 25% of the minimum lot area required for the proposed use in the underlying district.

The entire portion of any lot within a Watershed District may be used to meet or determine the area requirements for the underlying district in which the lot is situated.

Portions of Flood Hazard Districts and Watershed Districts overlying industrially zoned land may be filled, paved or otherwise altered and may thereafter be used for any purpose permitted in the underlying industrial district provided that this Section 9.2.6, Subsection 5, shall not apply to any use allowed under Section 9.2.4, Subsection 8, and further provided that all of the following conditions are met:

The tract consists of 20 or more contiguous acres, all of which is zoned for industrial uses;

The tract is under the ownership or control of the applicant;

No more than 20% of the Flood Hazard District within the tract is filled, paved, or otherwise altered and any portion that is so filled, to the extent that it is thereafter above the adjacent flood hazard area, shall not thereafter be considered as part of the Flood Hazard Districts for the purposes of this Wetlands Protection Bylaw; provided that any portion of a tract of land that shall have been used at any time to compute the 20% area of a larger tract within which said portion was contained may not later be used again to compute the 20% area of any other tract to be further filled, paved, or otherwise altered under this Section 9.2.6, Subsection 5, whether or not such previously considered portion is later included in a lot subdivided from said larger tract even if such subdivided lot otherwise meets the requirements of this Section 9.2.6, Subsection 5.

No building, paving or other construction occurs within 25 feet of the boundary between the fill permitted hereunder and the adjacent Flood Hazard or Wetland District.

Ponds, retention ponds, dams and the relocation of waterways are constructed or effected in accordance with the provisions of Section 9.2.4, Section 17a of this Wetlands Protection Bylaw to assure that the water table on and the run-off of water from the tract, the retention of water on the tract, and the flood level at each point on the tract and on nearby tracts are substantially the same under one-hundred-year flood, normal and low flow conditions as they were prior to such filling, paving or other alteration and construction.

In Zones A1-30 and AE, along watercourses that have a regulatory designation on the Stoughton FIRM or Flood Boundary and Floodway Map, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Review all subdivision proposals to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

9.2.7.

Administration; Building Inspector. Upon written application by an applicant for a building permit, the Building Inspector shall determine whether the tract identified in the application and shown on an accompanying plot plan lies within the Flood Hazard, Wetland or Watershed Districts, or, alternatively, is exempt from the provisions of this Wetlands Protection Bylaw.

If the Building Inspector is satisfied that the tract does not lie, in whole or in part, within such districts or is otherwise exempt from the provisions of this Wetlands Protection Bylaw, the provisions of this Wetlands Protection Bylaw shall not thereafter apply to the application.

If the Building Inspector is in doubt as to whether or not the tract lies, in whole or in part, within such districts or is exempt from the provisions of this Wetlands Protection Bylaw, he may request such further information of the applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection Bylaw, the Building Inspector shall not issue a building permit unless he has determined that:

The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the applicant to comply strictly with the uses and area restrictions permitted or required in such districts under Section 9.2.4, Subsections 1, 2, and 3, above; and

The proposed uses otherwise comply with the provisions of this Zoning Bylaw and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector.

If the Building Inspector shall determine that no approvals, special permits or variances are required by the applicant under this Wetlands Protection Bylaw, he shall so indicate in writing on the plan and by letter to the applicant and all other required approvals may thereafter be sought by the applicant including without limitation any approvals which may be required under state wetland protection laws, without regard to this Wetlands Protection Bylaw.

In all other instances relative to this Wetlands Protection Bylaw, the Building Inspector shall promptly notify the applicant by certified mail, return receipt requested, that this bylaw prohibits the contemplated use, and shall advise the applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals.

9.2.8.

Administration; Zoning Board of Appeals.

Appeals and special permits. An appeal may be taken to the Zoning Board of Appeals by any applicant aggrieved by a decision of the Building Inspector and a special permit may be sought under this Wetlands Protection Bylaw which appeal and/or application for special permit shall be instituted and prosecuted before such Board in accordance with the requirements of law and with applicable rules and regulations of such Board. Upon receipt of notice of appeal and/or applications for special permit the Board of Appeals shall order a public hearing as to which there shall have been no less than 14 nor more than 30 days' prior notice in a newspaper in general circulation in the Town of Stoughton (or such other notice and posting as shall be required by law) and, after such hearing, the Board of Appeals may grant the relief hereafter set forth in this Section 9.2.8 and such other relief as it may have the authority to grant under applicable law. Appeals and applications for special permits may be prosecuted simultaneously provided that the required notice shall have been satisfied and if such requirements are conflicting, the most severe requirement shall have been satisfied.

Appeals claiming improper designation. An aggrieved applicant may appeal to the Board of Appeals from a decision of the Building Inspector that all or any portion of the applicant's land is subject to this Wetlands Protection Bylaw notwithstanding the classification of all or any portion of such land on the Wetland Map as being within a Wetland, Flood Hazard or Watershed District. In addition, if, and to the extent permitted by law, any person who owns or controls any land within a Wetland, Flood Hazard or Watershed District may appeal such designation to the Zoning Board of Appeals under this Section 9.2.8, Subsection 2, without having first to go to the Building Inspector for a building permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the applicant's land shown by the applicant not to be in a wetland, flood hazard, or watershed area; provided that such uses shall be consistent with this Wetlands Protection Bylaw to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the applicant shall have demonstrated that all of the following four conditions have been satisfied:

The request shall have been referred by the applicant, along with a copy of the site plan to the Board of Selectmen, the Planning Board, the Board of Health, the Conservation Commission, and the Landscape Review Board and shall have been reported upon by all five Boards or 30 days shall have elapsed following such referral without receipt by the Board of Appeals of such reports; and

The land or the designated portion thereof shall have been shown by the applicant not to be a wetland, flood hazard or watershed area (notwithstanding the fact that the land or the designated portion thereof is shown on the Wetland Map to lie within a Wetland, Flood Hazard, or Watershed District) in whole or in sufficient part to permit the contemplated use. Such showing by the applicant shall be on the basis of engineering, hydrological and topographical conditions determined by reference to the engineering presumption set forth in this Wetlands Protection Bylaw, and should include an analysis of the vegetation on the land in accordance with the definitions in Chapter 818 of the Acts of 1974; and

The proposed use, if any, will not be detrimental to the public health, safety, or welfare, nor will it be inconsistent with the purposes of this Wetlands Protection Bylaw; and

The proposed use, if any, will comply in all respects with all applicable zoning and other provisions within the jurisdiction of the Board of Appeals which govern uses in the underlying zoning district or districts, and shall comply with applicable provisions herein pertaining to uses in Flood Hazard, Wetland, and Watershed Districts to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard, or Watershed District.

Application for special permits. An applicant may apply to the Board of Appeals for a special permit for any use which is permitted in this Wetlands Protection Bylaw only by special permit which application shall be instituted and prosecuted before such Board in accordance with the requirements of law and applicable rules and regulations of such Board. Applicants for special permits hereunder shall submit to the Board of Appeals all of the data, drawings, site plans, maps, calculations and information set forth in this Wetlands Protection Bylaw and shall be entitled to a special permit, subject to such conditions as the Board of Appeals shall deem appropriate and may lawfully impose, upon demonstration:

That all the conditions set forth in this Section 9.2.8 shall have been satisfied; and

That through the use of the engineering techniques set forth herein, the construction or institution of the proposed use will not result in increased seepage or increased or decreased run-off into adjacent flood hazard or wetland areas or in contamination of existing or proposed waterways or in an alteration of the water table in the applicant's land or in neighboring or nearby tracts of land.

That the proposed use fulfills the conditions set forth in this section.

9.2.9.

Required submittals for appeals and special permits. An applicant for a special permit or a person appealing from an improper designation of his land shall submit to the Board of Appeals at the time of such appeal or application for special permit, all of the data, drawings, site plans, maps, calculations and information hereafter set forth as well as such other relevant information as the Board of Appeals may reasonably require of the applicant along with such additional material as the applicant may desire to present to such Board:

Location plan. A location plan at a scale of one inch equals 600 feet showing the area to be developed, lot lines within which the development is proposed, and tie-in to the nearest road intersection.

Site plan. A site plan at a scale of one inch equals 40 feet prepared by a registered land surveyor and a registered professional engineer. Eight copies (or such other number as the Town Clerk may require) of the site plan shall be submitted to the Town Clerk who will distribute a copy to the Building Department, the Engineering Department, the Board of Selectmen, the Zoning Board of Appeals, the Planning Board, the Board of Health, the Landscape Review Board, and the Conservation Commission and such plan shall show at least the following, except that, in the case of an applicant who is appealing from an alleged improper designation of his land without first having applied for a building permit (if such appeal is permitted by law) the site plan required hereunder need not include information with respect to the proposed location, size and configuration of improvements, alterations or proposed activities on the land nor need it include any other information otherwise required herein under which pertains only to a specifically proposed use:

The location, boundaries and dimensions of each lot in question.

Present and proposed contours of the entire site and affected adjacent areas. Generally two-foot contours will be satisfactory. In comparatively level terrain where contours are more than 100 feet apart, the contours shall be supplemented with spot elevations. Such spot elevations shall be spaced no greater than 100 feet apart in each direction to form a rectangular grid. Wherever interpolation of the contours will not show correct elevations such as summits, depressions, ditches, swales, saddles and road intersections, spot elevations shall be shown. Elevations shall refer to the U.S.G.S. base and the benchmark used shall be noted.

All brooks, creeks, streams, ponds, lakes and wetlands (or any bank, flat, marsh, meadow or swamp bordering such area), whether continuous or intermittent, natural or man-made, should be delineated, if they affect the site or will be affected by the proposed changes in the site.

Present and proposed location of waterways or other alterations.

Present and proposed location, elevation, size, and invert of all sewers, drains, ditches, culverts, and other drainage or wastewater conductors immediately upstream and downstream of the site.

Location, extent and area of all present and proposed structures and paved areas.

Locations and elevation of the basement floor, sub-basement floor, and first floor and elevation of the top of the foundation walls of all present and proposed structures.

Location of any existing and proposed underground utilities, rights-of-way or easements.

The location and type of existing and proposed sanitary sewerage facilities.

An estimate of the maximum groundwater elevation usually occurring between the months of December through April based upon at least one sample, including calendar dates of such samples.

Location of areas where earth is proposed to be removed, dredged, filled, temporarily stored, or otherwise altered in any way along with volumes of material so altered in each area and areas to be left untouched.

Erosion and sedimentation prevention plans for both during and after construction.

Soil characteristics in representative portions of the site, including depth of peat and muck in wetlands. Sampling sites shall be specified.

Cross sections showing slope, bank and bottom treatment of each watercourse to be altered. Locations of cross sections shall be specified.

Location of proposed water retention areas.

All calculations necessary to show the effect of the proposed activity on drainage, soil, and water.

A general description of the vegetation on the land.

9.2.10.

Conservation Commission. Nothing herein shall limit the authority obligations and duties of the Stoughton Conservation Commission or any successor thereto under the provisions of MGL c. 131, § 40, including any amendments or successor statutes thereto.

9.2.11.

Extent of section. The provisions of this section are not intended to repeal, amend, abrogate, annul, or interfere with any lawfully adopted bylaws, covenants, regulations or rules of the Town of Stoughton. Where this section imposes greater restrictions, however, the provisions of this section shall govern to the extent permitted by law.

9.3 Stoughton Center District (SCMUOD).

[Amended 5-2-2022 ATM by Art. 24]

9.3.1.

Purpose and intent. The SCD is established to achieve the following purposes:

Enable and encourage development and adaptive reuse of existing structures that creates viable and vibrant economic activity in Stoughton Center.

Establish subdistricts that tailor development scale, design, and performance to appropriate areas to ensure smooth transitions from one subdistrict to another and from the SCD to surrounding neighborhoods.

Create attractive public spaces using landscaping, gathering places, and walkable streetscapes.

Provide a range of tools that will ensure adequate parking that does not compromise the economic potential of individual parcels or the pedestrian focus of the district.

Create development that is supportive of traffic, transit, pedestrian, and bicycle patterns that promote safety and accessibility.

Create a mix of complementary land uses including (but not limited to) commercial, residential, and institutional operations that support each other and the nearby regional transit opportunities.

Enhance the vitality of Stoughton Center during both daytime and nighttime.

9.3.2.

SCD definitions. All words and terms used in this SCD bylaw shall be defined per Section 11.0, Definitions, provided that the following defined terms shall apply only within the SCD.

ARTISAN AND CRAFT WORKSHOPS

An establishment for the preparation, display, and sale of individually crafted or 3-D printed artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.

ARTISAN FOOD AND BEVERAGE PRODUCTION

Any facility of production space that engages in commercial on-site production of artisan or small-batch food, food-related products, and/or beverages (including but not limited to preserves, candies, breweries, wineries, distilleries, etc.), generally produced by hand or with limited mechanization, and including limited wholesale. Retail sales, tasting facilities, and food service may be permitted as accessory uses to any such operations so long as retail, small and/or eating and drinking places are allowed uses in the relevant zoning district. Nothing herein precludes any requirement for a liquor license per the regulations of the Town of Stoughton.

BUILDING FRONTAGE

The length of any side of a building which fronts upon a public street.

MEDICAL OFFICE OR URGENT CARE CENTER, WITHOUT IN-PATIENT SERVICES, LARGE

A facility where human patients, who are not lodged overnight, are treated by physicians, dentists, therapists, other health care professionals or similar professions who are duly licensed to practice within the Commonwealth of Massachusetts. Such facility may include more than five such health care professionals and ancillary laboratory, rehabilitation, and pharmacy services.

MEDICAL OFFICE OR URGENT CARE CENTER, WITHOUT IN-PATIENT SERVICES, SMALL

A facility where human patients, who are not lodged overnight, are treated by physicians, dentists, therapists, other health care professionals or similar professions who are duly licensed to practice within the Commonwealth of Massachusetts. Such facility must include no more than five such health care professionals, and may not include ancillary laboratory, rehabilitation, and pharmacy services.

MIXED-USE DEVELOPMENT

Development containing a mix of residential uses and nonresidential uses, including, without limitation, commercial, institutional, industrial or other uses. However, in no case shall a residential use be allowed in a building with one or more industrial uses, with the exception of artisan and craft workshops and artisan food and beverage production.

MIXED-USE DEVELOPMENT, NONRESIDENTIAL

Development containing a mix of nonresidential uses, including, without limitation, commercial, institutional, industrial or other uses.

PARKING LOT, COMMERCIAL

A tract of land used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot, and which contains surface parking spaces for which any fee is charged independently of any other use of the premises. This does not include any parking lot owned and/or managed by the Town of Stoughton for municipal parking.

PARKING LOT, OFF-SITE

A tract of land used for the storage of motor vehicles, which is not accessory to any other use on the same lot, and which is used to accommodate off-site vehicle parking for any permitted use on a property in the SCD approved by the Planning Board per Section 9.3.11.5. For the purposes of this section of the Zoning Bylaw, an off-site parking lot as defined herein must be located within the boundaries of the SCD. This does not preclude the use of any lawfully established parking areas outside the SCD to be used to meet the requirements of Section 9.3.11.5.

PARKING STRUCTURE, COMMERCIAL

A structure which is used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot, and which contains parking spaces for which any fee is charged independently of any other use of the premises. This does not include any parking structure owned and/or managed by the Town of Stoughton for municipal parking.

9.3.3.

Subdistricts. The SCD is divided into three (3) distinct subdistricts: Core, Flex, and Transition, as shown on the Town of Stoughton Zoning Map. The general intention is for Washington Street to serve as the center of commercial activity, tapering down to more neighborhood-focused activity at the edges of the SCD. The intent of each subdistrict is as follows:

Core Subdistrict: This is the heart of Stoughton Center, generally running along Washington Street. This subdistrict has a more active commercial focus, especially on the ground floor, with uses meant to generate pedestrian activity at the street level. These uses include retail, restaurants, arts and entertainment, services, etc. Less active uses, like office or residential, are preferred in upper floors. The Core Subdistrict is meant to allow for denser development, with taller buildings and smaller setbacks than the other two subdistricts.

Flex Subdistrict: This subdistrict also allows for mixed residential and commercial use but with more flexibility in uses and slightly less density than the Core Subdistrict. The Flex Subdistrict, for example, allows for residential use on the ground floor and residential-only buildings as well as mixed-use buildings. Dimensional requirements related to new development include less height and greater setbacks to make the area slightly less dense when compared with the Core Subdistrict.

Transition Subdistrict: This subdistrict is the most residential in character, designed to provide a transition from the Stoughton Center area to surrounding residential neighborhoods. This Subdistrict has a narrower range of allowed uses, limited to service businesses and residential uses, individually or in mixed-use buildings. It has the lowest height and density in the SCD, with setbacks more consistent with neighboring residential zoning districts.

9.3.4.

Allowable uses. All uses must conform with the SCD Table of Use Regulations below per the relevant SCD Subdistrict.

Uses permitted by right in the district are designated by the letter (Y). Uses designated (N) shall not be permitted in the district. Uses that may be permitted by special permit in the district are designated (PB), with the Planning Board serving as the special permit granting authority and as (BA) with the Zoning Board of Appeals as the special permit granting authority.

Uses permitted by right may require site plan approval in accordance with Section 10.6, Site plan approval.

Any use not listed in the SCD Table of Use Regulations shall be construed to be prohibited. These prohibited uses include, without limitation, any use listed in the Town-wide Table of Use Regulations in the Zoning Bylaw (Attachment 2) that does not appear in the SCD Table of Use Regulations.

Any use allowed in a particular subdistrict is allowed in any existing building in that subdistrict regardless of the prior use of the building, so long as all other standards of this Section 9.3 are met. For example, a building originally constructed for office use may be converted to ground floor retail with residential above in the Core Subdistrict or to all residential in the Flex Subdistrict, so long as all parking and other requirements of Section 9.3 are met.

In the Core Subdistrict, the entire building frontage of the ground floor must be utilized for retail or another allowed nonresidential use, with the exception of access to parking. With a corner lot, 100% of the building frontage that includes the primary building entrance must be utilized for retail or other allowed nonresidential use. A portion of the building frontage that does not include the primary building entrance may be utilized for retail or other allowed nonresidential use at the discretion of the SPGA and may also be utilized for access to parking.

In the Flex Subdistrict, a minimum of 10% of the building frontage of the ground floor must be utilized for retail or another allowed nonresidential use for buildings that contain 100 or more dwelling units, provided further that the minimum structural ceiling height of the first story shall be 11 feet.

SCD Table of Use Regulations
			Stoughton Center District
Principal Uses			Core	Flex	Transition
A.	Residential
	1.	One-family detached dwelling	N	N	Y
	2.	Two-family dwelling	N	Y	Y
	3.	Entirely residential multifamily building provided that no more than 10% of the total number of units at any one time be units of three or more bedrooms	N	Y	Y
	4.	Conversion of any existing (as of September 8, 1970) structure to entirely residential multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling units	N	Y	Y
	5.	Conversion of any existing (as of September 8, 1970) structure to entirely residential multifamily dwelling provided the total number of units in the converted dwelling structure exceeds four dwelling units	N	PB	PB
	6.	Nursing, rest or convalescent home	PB	PB	PB
	7.	Bed-and-breakfast establishment	N	PB	PB
	8.	Mixed-use development	Y	Y	PB
B.	Community and Exempt Facilities
	1.	Use of land or structures for religious purposes	Y	Y	Y
	2.	Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation	Y	Y	Y
	3.	Public park, conservation area and preserved open spaces	Y	Y	Y
	4.	Town building except equipment garage	Y	Y	Y
	5.	Historical association or society	Y	Y	Y
	6.	Child-care center or school aged child-care program	Y	Y	Y
	7.	Essential services	PB	PB	PB
	8.	Multifamily senior housing	Y	Y	Y
C.	Agricultural
	1.	Agriculture, horticulture, and floriculture uses protected under MGL c. 40A, § 3	Y	Y	Y
D.	Retail, Trade, and Restaurant
	1.	Retail, small	Y	Y	Y
	2.	Retail, large	N	PB	N
	3.	Eating and drinking places (including alcoholic beverages) not including drive-in establishments or fast order food establishments	Y	Y	PB
	4.	All other drive-in or drive-through facilities, provided the principal use is allowed	N	PB	N
	5.	Fast order food establishments	PB	PB	N
	6.	ZIP car or similar facility for short-term leasing of vehicles as a primary use	N	PB	PB
	7.	Hotels and motels	N	PB	N
	8.	Personal and consumer service establishment	Y	Y	Y
	9.	Funeral establishment	N	Y	Y
	10.	Membership club	Y	Y	Y
	11.	Professional and business offices and services	Y	Y	Y
	12.	Temporary business use of trailer during time of construction	Y	Y	Y
	13.	General service establishment	Y	Y	Y
	14.	Theater, auditorium, or similar place of public assembly, indoor	Y	N	N
	15.	Other amusement and recreation service, outdoor	PB	PB	N
	16.	Other amusement and recreation service, indoor	PB	PB	N
	17.	Communications and television tower	N	BA	N
	18.	Parking lot, commercial	N	PB	PB
	19.	Parking structure, commercial	N	PB	N
	20.	Parking lot, off-site	N	Y	Y
	21.	Parking lot or structure, municipal	PB	PB	PB
	22.	Trade, professional or other school conducted as a private gainful business	PB	PB	PB
	23.	Medical office or urgent care center, without in-patient services, small	Y	Y	Y
	24.	Medical office or urgent care center, without in-patient services, large	N	Y	N
	25.	Mixed-use development, nonresidential	Y	Y	PB
	26.	Body piercing, massage, except in the case of massage, as an accessory use in association with a gym or sports facility, or medical practice, or weight room or training facility or swimming pool	N	N	N
	27.	Tattoo parlor	N	N	N
E.	Wholesale, Transportation and Industrial
	1.	Bakery, including the sale of bakery products on the same premises	Y	Y	N
	2.	Railway express service	PB	Y	N
	3.	Bus or railroad passenger terminal	Y	Y	N
	4.	Other transportation service	PB	PB	N
	5.	Research offices or establishments devoted to research and development activities	Y	Y	N
	6.	Printing and publishing provided the gross floor area does not exceed 6,000 square feet	Y	Y	N
	7.	Artisan and craft workshops *Upper stories only, or in the rear of a ground floor, so long as a use permitted on the ground floor (such as retail) is located at the front of the building	Y*	Y	N
	8.	Artisan food and beverage production *Upper stories only, or in the rear of a ground floor, so long as a use permitted on the ground floor (such as retail) is located at the front of the building	Y*	Y	N
	9.	Adult entertainment establishments (See Section 8.1)	PB	N	N
F.	Accessory Uses
	1.	Home occupation (See Section 3.2.2)	Y	Y	Y
	2.	Telephone use for business	Y	Y	Y
	3.	Family day-care home, small	Y	Y	Y
	4.	Family day-care home, large	N	N	PB
	5.	Accessory building such as a private garage, playhouse, greenhouse, tool shed, private swimming pool, or similar accessory structures. Subject to provisions of Section 3.3.	N	Y	Y
	6.	Accessory private garage for not more than 3 noncommercial motor vehicles. Except on a farm, not more than one noncommercial motor vehicle may be 3/4 ton or more rated in size	Y	Y	Y
	7.	Accessory storage of commercial vehicles which are more than 3/4 ton rated in size	PB	PB	PB
	8.	Accessory storage of a trailer, unregistered automobile or boat provided: it shall either be stored within a principal or accessory building or not less than 25 feet from any front lot line or within the side yards and it shall not be used for dwelling or sleeping purposes, and further provided: the number stored at any one time shall be limited to two trailers, one unregistered automobile and two boats	N	Y	Y
	9.	Accessory repair and storage facilities in any retail sales or consumer establishment provided: it shall not occupy more than 25% of the gross floor area	Y	Y	Y
	10.	Up to three lodging units in an existing dwelling	N	Y	Y
	11.	Accessory petrochemical storage and pumping facilities for use by the principal use and not as a separate business but not in the Aquifer Protection District	N	Y	N
	12.	Removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building on a lot (See Section 8.3)	PB	PB	PB
	13.	Electric charging station, Level Two	Y	Y	Y
	14.	Donation box (books only)	PB	PB	N

9.3.5.

Site plan approval and special permits.

The thresholds, procedures, and standards for Site Plan Approval established in Section 10.6 (Site plan approval) shall apply to the SCD.

Where a proposed use requires a special permit in the SCD Table of Use Regulations, the entity serving as the SPGA shall be as noted in the table. The procedures for that application shall follow those for full site plan review except where state law may impose different timelines for review and decision, requirements for public notice, or other similar standards.

Where an application triggers the need for a special permit related to another section of the Zoning Bylaw (e.g., nonconformity, etc.), those requirements remain in effect and the SPGA identified for that special permit shall preside over that matter. These other special permits shall not negate the need for other applicable review processes (e.g., site plan approval, etc.) nor shall the approval of any such special permits guarantee approval of other applicable permit applications.

9.3.6.

Special permit criteria. Where an applicant requires a special permit for a specific use or other issues established in this Section 9.3, the SPGA shall consider the following criteria:

Criteria listed in Section 10.5.2 of the Zoning Bylaw (Special permits; Criteria).

The degree to which the proposal does or does not meet the purposes of the SCD (Section 9.3.1).

Adequacy of the site in terms of the size of the proposed use(s).

Suitability of the site for the proposed use(s).

Impact on traffic and pedestrian flow and safety.

Adequacy of pedestrian access to buildings and between public spaces.

9.3.7.

Dimensional requirements. All uses must conform with the SCD Table of Dimensional Regulations below per the relevant subdistrict. No lot on which a building is located shall be reduced or changed in size or shape so that the building or lot subsequently fails to comply with the frontage, building coverage, yard distances, or other dimensional provisions of the table below.

SCD Table of Dimensional Regulations
Requirement	Core	Flex	Transition
Minimum lot area (square feet)	2,500	3,500	5,000
Minimum lot width (feet)	20	20	20
Minimum lot frontage (feet)	20	20	20
Minimum lot depth (feet)	60	75	75
Minimum front yard (feet)	0(1)	10(1)	15(1)
Minimum side yard (feet)	0(2)	5	10(3)
Minimum rear yard (feet)	0(4)	10(4)	10(4)
Maximum height (feet)	45(5)	45	35
Maximum stories (number)	4(5)	4	3
Maximum building area (%)	90	80	50
Minimum open space (%)	0	10	40

Notes:
(1)	Within the SCD, there is also a required maximum front yard depth of 20 feet.
(2)	Zero-foot side yards are allowed where abutting another lot within the SCD. Where abutting a lot outside the SCD, the required side yard is 10 feet.
(3)	Zero-foot side yards are allowed on one side only for side-by-side dwelling units on two separate lots.
(4)	Where abutting a lot outside the SCD, the required rear yard is 15 feet.
(5)	See additional requirements under Section 9.3.8, Increased height special permit.

Example graphics of dimensional requirements.

9.3.8.

Increased height special permit. The allowable building height may be increased at the discretion of the Planning Board through the granting of an increased height special permit in accordance with the provisions of this subsection. The Town of Stoughton offers this special permit as an option, and it shall not be interpreted to otherwise limit any by-right development offered in the SCD.

Requirements for an increased height special permit. In order to be considered for an increased height special permit approval, the application shall comply with the following requirements:

The building(s) under review must be located on land entirely within the Core Subdistrict. Where a parcel may be partially in the Core Subdistrict, the building footprint must be located entirely within the Core Subdistrict.

The increase in allowable height shall not result in a building that is taller than five (5) stories or 55 feet.

Any portion of the building(s) above four (4) stories or 45 feet (the lesser of the two) shall be stepped back at least ten (10) feet from the primary architectural plane of the building facade. When located on a corner lot, each side of the additional story that faces the roadway must comply with this design element.

The applicant shall clearly demonstrate he/she intends to include at least one of the community benefit options (CBO) listed in Section 9.3.8.2 (Community benefit option). The SPGA shall consider in its decision which CBO will have the greatest positive impact for the street and block on which the development is located, and the SCD overall.

The applicant shall provide documentation, to the satisfaction of the SPGA, that there is a long-term plan for the maintenance of any community benefit constructed, including the party or parties responsible for maintenance. The SPGA shall confer, as relevant, with any Town agency that would be responsible for a community benefit located on Town property or otherwise designed to be maintained by the Town, to ensure that the Town has the capacity to manage long-term maintenance.

Community benefit option.

The monetary value of a proposed community benefit option must be at least 25% of the difference in projected assessed value of the building associated with any increased height. The estimated cost of improvements shall be provided by the applicant as part of the special permit application and shall document the source of all cost assumptions incorporated into the overall estimate. The assessed value of the building at the maximum by right height versus the proposed height shall be determined by the Town's Assessing Department in consultation with the Planning Board, and this decision shall be final.

Example calculation for illustration purposes:

Assessed value of the building at four stories: $820,000.

Assessed value of the building with bonus height: $1,100,000.

Increased value of the building: $280,000.

Minimum value of community benefit: $70,000.

The minimum value calculation is not provided as a target for applicants, but rather as a minimum threshold that ensures some uniformity across the different options. The suitability of a proposed community benefit will ultimately be determined by how the choice and design of the benefit meets the purposes of the SCD and other applicable special permit approval criteria (Section 9.3.6).

Example graphics of dimensional requirements under an increased height special permit.

Public parking option. This allows for increased height in exchange for publicly accessible off-street parking spaces (in addition to the parking spaces otherwise required in Section 9.3.11) in accordance with the following:

(1)

Parking spaces may be provided on site or anywhere else within the Core or Flex Subdistricts.

(2)

Parking spaces must not front along any street right of way in the Core Subdistrict unless they are located above ground floor level in a structured parking garage. However, if located on a corner lot that abuts two streets, parking spaces may, per the design guideline regulations (see Section 9.3.13), front on the accessory street at grade level if shielded from the street.

(3)

The applicant shall provide at least half the number of parking spaces to the public that would otherwise be required for the increased height building(s) per the Table of Off-Street Parking Regulations in these Zoning Bylaws.

(4)

All increased parking spaces shall be available for general public use, with or without a fee. The Planning Board may, at its discretion, set a reasonable limit on parking fees as a condition of the special permit, which may be revisited over time.

Enhanced front yard option. An enhanced front yard describes a development approach where the building is intentionally set back from the property line further than the minimum requirement (but no further than the maximum requirement) in order to create a more inviting gathering space along the front facade. The depth of the setback will vary depending on how it is integrated with existing sidewalks and the intent of the resulting space. These spaces often create a recess between adjacent buildings, having the effect of a small plaza or courtyard. Characteristics of this space should include, but shall not be limited to:

(1)

The space is to be dedicated to and designed for pedestrian use only.

(2)

Seating that is open to both patrons of the business on-site and passersby. Seating shall be both ornamental and functional.

(3)

Landscaping that is professionally designed to create a visually appealing space with a mix of ornamental vegetation and varied hardscape surfaces (e.g., brick, stone, concrete). Removable seasonal planters may be used as part of a larger landscaping scheme.

(4)

Lighting that is designed to highlight the overall landscape scheme.

(5)

Bicycle racks.

(6)

Trash receptacles.

Public improvements option. Public improvements should significantly improve and enhance the appearance and amenities within the SCD, including areas beyond the frontage of the property subject to the redevelopment investment. Eligible public improvements are necessarily above and beyond what may be otherwise required by these zoning bylaws and shall be consistent with the Stoughton Center District Design Regulations as applicable. Public improvements may include but not be limited to any of the following:

(1)

New sidewalks along the frontage of the subject property and another property in the SCD including all furnishings and plantings.

(2)

New crosswalks that include enhanced features such as raised or alternative surfaces, signage, raised landscaped islands, decorative pavers or markings, etc.

(3)

Permanent landscape installations on public lands within the district (e.g., park lands, municipal parking areas, etc.).

(4)

Relocating existing public utilities from utility poles to underground.

Affordable housing option. While affordable housing is not required in the Core Subdistrict, applicants may seek an increased height special permit if they meet the standards of Section 9.3.9, Affordable housing. The monetary value calculation described in this section above does not apply for the affordable housing option. Developments of fewer than ten (10) dwelling units are not eligible for the affordable housing option.

9.3.9.

Affordable housing. In all developments of ten (10) or more dwelling units proposed within the Flex and Transition Subdistricts, not less than 10% of the total number of units shall be affordable to low- to moderate-income households. The affordable units may be available for either rental or ownership. A low- to moderate-income household is as defined by the United States Department of Housing and Urban Development, or by a similar federal agency created to replace it, as adopted by the Commonwealth of Massachusetts Department of Housing and Community Development.

In computing the number of required affordable units, fractions shall be rounded up or down per the following example. A proposal with 20 to 24 units of housing would require two (2) units of affordable housing as defined herein, while a proposal with 25 to 29 units of housing would require three (3) units of affordable housing, and so on.

The affordable units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows housing to count towards the statutory affordable housing requirement of Chapter 40B of the Massachusetts General Laws.

The affordable units must be subject to use restrictions, deed restrictions, and/or other legally binding instruments to ensure that the units remain affordable and available to people with qualifying incomes for the longest term allowed by law, which may be perpetuity. The units must be sold or rented on a fair and open basis, and the owners of the units must adopt an affirmative fair marketing plan.

Affordable residential units shall be subject to a monitoring agreement to ensure continued compliance with these provisions. To ensure affordable units remain affordable for the required term, the Town may require, for itself or its designee, an option to purchase or lease affordable units for rents, sale prices, or resale prices that are affordable to eligible households. The option shall apply to the initial and any subsequent sale or lease of affordable units.

When a development project that creates fewer than ten (10) dwelling units is approved, any additional development on the property within 20 years of the original development that creates a total of ten (10) or more dwelling units on the property will be subject to these affordability requirements. The number of affordable units required in the subsequent development shall be calculated as if the earlier development were part of it. This provision does not come into effect when an entire parcel is approved by the Planning Board to be developed in phases.

9.3.10.

Applicability of other Zoning Bylaw standards. Where the standards for the SCD conflict with other requirements of the Zoning Bylaw, the standards of the SCD shall apply. The following specific sections of the Zoning Bylaw are addressed herein:

Section 3.3.2 (special permit related to accessory structures) shall not apply to the Core or Flex Subdistricts in the SCD. In these subdistricts, detached buildings that exceed 900 square feet, 1.5 stories, or 20 feet in height shall be considered an additional primary structure in the SCD and regulated accordingly. In the Transition Subdistrict, the provisions of Section 3.3.2 shall apply with the exception that the Planning Board shall serve as the SPGA.

Section 4.1.5 (One principal structure per lot) shall not apply to the SCD. More than one principal building may be allowed on a single lot in the SCD.

Section 4.4.1 (Multifamily units) shall not apply in the SCD.

9.3.11.

Circulation, parking and loading requirements. In any subdistrict of the SCD, if any structure is constructed or enlarged, any new use of land established, or any existing use is changed, after the effective date of this Bylaw, parking spaces shall be provided in accordance with the SCD Parking Schedule and associated provisions. An existing structure which is enlarged or an existing use which is extended after the effective date of this Bylaw shall be required to provide parking spaces in accordance with the SCD Parking Schedule for the entire structure or use as required herein.

There are no minimum requirements for off-street parking spaces in the Core Subdistrict related to nonresidential use. The minimum requirements in the SCD Parking Schedule for residential uses (i.e., single- and two-family dwellings and multifamily dwellings) shall apply in the Core Subdistrict, but may be waived by special permit at the discretion of the SPGA if the requirements for parking cannot be met due to lot size or configuration.

Minimum off-street parking space requirements for all uses in the Flex and Transition Subdistricts shall comply with the SCD Parking Schedule below.

When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over 1/2 shall require one space. Compact parking spaces shall be allowed in the computation of required off-street parking spaces, provided that not more than 30% of the total parking spaces utilized in computing required off-street parking spaces shall be compact parking spaces.

Parking spaces must not be visible along any street right of way in the Core Subdistrict unless they are located above ground floor level in a structured parking garage. However, if located on a corner lot that abuts two streets, parking spaces may, per the design guideline regulations (see Section 9.3.13), front on the accessory street at grade level if shielded from the street.

SCD Parking Schedule
Proposed Use	Minimum Parking Requirement
Single- and two-family dwellings	One (1) space for each dwelling unit
Multifamily dwelling	0.5 space for each dwelling unit in the Core and one (1) space for each dwelling unit in the Flex and Transition
Retail	One (1) per 600 square feet of gross floor area
Office	One (1) per 600 square feet of gross floor area
Restaurant, church or similar place of public assembly with seating facilities	One (1) space for each ten (10) seats of total seating capacity
Professional service	One (1) space per 600 square feet of gross floor area
Hotel, motel, tourist court	One (1) space for each sleeping room
Artisan workshops and production	One (1) space per 1,000 square feet of gross floor area
Nursing Home	One (1) space per bed
Business, trade or industrial school or college	One (1) space for each four (4) seats of total seating capacity
Community facility, Town building, recreation, etc.	One (1) space per 1,000 square feet of gross floor area
Transportation terminal establishment	One (1) space for each 1,000 square feet of gross floor area
Mixed use	Add requirement for each use together
Any use permitted in the SCD not interpreted to be covered on this schedule	As determined by the Building Inspector

Minimum off-street parking requirements can be met on-site or off-site, partially or in total. Off-site vehicle parking for any use is allowed by the Planning Board pursuant to site plan approval only when the proposed off-site parking is within a 500-foot radius of the subject property site boundary. The distance may be increased to a maximum of a 1,300-foot radius with approval of the Planning Board via special permit and consideration of mitigation, if appropriate. The off-site parking may only be located outside of the SCD if proposed in a nonresidential district.

A legally binding agreement in form satisfactory to the Planning Board providing for off-site parking shall be required. Completed documentation shall be presented to the Building Commissioner prior to the issuance of a building permit for the proposed structure.

Bicycle parking. Bicycle parking shall be provided for all new developments in the SCD, at least half of which shall be sheltered from the elements.

Buildings that contain residential units shall allow for bicycle parking within vehicle parking garages.

Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet these requirements. Shared bicycle parking agreements or other evidence of access to off-site bicycle parking shall be included in permit applications as applicable.

9.3.12.

Loading and waste disposal. Loading and waste disposal areas in the SCD installed after the date of passage of this Bylaw shall follow all relevant current State and local Board of Health regulations and comply with the loading and waste disposal requirements in the current Section 10.6, Site plan approval.

9.3.13.

Regulations. The Planning Board may adopt, and from time to time amend as needed, rules and regulations to support the implementation of the SCD.

9.3.14.

Signage. All signs in the SCD shall comply with the regulations for the erection and construction of signs contained in the State Building Code and other applicable Town regulations, except those under the jurisdiction of the Massachusetts Department of Transportation. Signs shall be permitted in accordance with the following provisions:

Purpose and intent. The purpose of this section is to establish standards for the placement and use of signs and other advertising consistent with the Town of Stoughton Master Plan as interpreted by the Planning Board.

Applicability. The provisions of this section shall apply to all signs in the SCD.

Architectural compatibility. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building's architecture, and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached. Signs shall not obscure building mass lines or any architectural details such as cornices, window or door trim, or decorative facade patterns. This shall not apply to temporary signs as defined herein.

Consistency with area character. Sign design shall take adjacent storefronts into consideration as well as flanking buildings, particularly if those structures are similar in style and of comparable height. In the SCD, blade signs are encouraged and should be located and sized to be viewed by people on foot. This shall not apply to temporary signs as defined herein.

Nonconforming signs. Previously permitted signs that do not meet the current standards of this section are considered nonconforming structures. Any application proposing a change to a nonconforming sign must seek a special permit from the Zoning Board of Appeals in accordance with Section 5.3. In addition to the standards of Section 5.3, the Zoning Board of Appeals shall consider the following when determining whether a change is substantially more detrimental than the existing nonconforming sign:

No sign size, as defined in this Section 9.3.14, may be enlarged unless enlargement is required to bring other elements of the sign into conformity and the enlargement will not result in the sign being larger than the maximum permitted area; and

Any change must make the nonconforming sign more compliant with this Section 9.3.14.

Definitions and basic requirements.

ADDRESS SIGNS

Street numbering of buildings and/or units. Numbers and letters must be at least two (2) inches tall, located in proximity of every entrance to a structure and visible from the street. Every building and tenant are required to display at least the street number of their building and/or unit. These address signs are not included in the total signage allowed for the building.

AWNING SIGNS

The area of any awning that hangs parallel or perpendicular to the building facade off the front or side edge of the awning and has words or graphics printed on it.

AWNINGS

A sheet of canvas or other material stretched or set upon a frame and used to keep the sun or rain off a storefront. Awnings cannot project from a building more than half of the width of the sidewalk or four (4) feet, whichever is greater. The top of an awning can be no higher than the height of the first-floor level or 15 feet, whichever is lower. In the case of a one-story building, an awning can be no higher than six (6) inches below the top of the parapet or 15 feet above grade at its highest point, whichever is lower. Awnings shall be integrated into the overall facade design and not ignore building structure or use by spanning numerous bays, windows, or store fronts.

BLADE SIGNS

A sign or flag mounted on a building facade or storefront pole or attached to a surface perpendicular to the normal flow of traffic. A blade sign can be no lower than eight (8) feet from the elevation of the grade adjacent to the building at its lowest point and no higher than 15 feet at its highest point, except in the case of a one-story building where it can be up to six (6) inches lower than the top of the parapet. Blade signs cannot project from a building more than half of the width of the sidewalk or three (3) feet, whichever is less, and cannot be more than six (6) square feet in area per side. Only one (1) blade sign is allowed per business or tenant space per building frontage, with a maximum of one (1) blade sign for every eight (8) linear feet of building frontage rounded down to the nearest whole number. No blade signs may be located closer than six (6) linear feet from each other.

BUILDING-MOUNTED SIGNS

The collective term for wall signs, awning signs, and blade signs. The sides of a building mounted sign may be no less than six (6) inches from a wall edge, measured parallel to the wall.

ELECTRONIC MESSAGE BOARDS

A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video. Electronic message boards are prohibited in the SCD.

FREESTANDING SIGNS

Any sign principally supported by one or more columns, poles, or braces placed in or upon the ground, not including a ground-mounted sign or temporary sign. Freestanding signs are prohibited in the SCD.

GROUND-MOUNTED SIGNS

Any sign supported primarily along its entire base by an internal structural framework integrated into a surrounding area of decorative landscaping. There shall be no visible open space between the bottom of a ground-mounted sign and the ground (whether with a base or thick landscaping). Ground-mounted signs shall be no taller than four (4) feet as measured from the base and must not obstruct any public right of way or other area for the circulation of vehicles or pedestrians. The area of a ground-mounted sign shall be measured by the area of one face of the sign, if it consists of two parallel faces. If a ground-mounted sign consists of anything other than two parallel faces, the area of each face shall be included in the total area.

INTEGRAL SIGNS

Any sign (traditionally names of noncommercial buildings, dates of erection, monumental citations, commemorative tablets, and the like), when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure. Integral signs are not subject to the standards in this Section 9.3.14.

MOBILE SIGNS

Any sign, such as a sandwich board, designed to be displayed outdoors and in front of a premises. May only be allowed by special permit from the SPGA and must leave at least four (4) feet of unobstructed sidewalk clearance, be moved indoors between 9:00 p.m. and 6:00 a.m. and be weighted or otherwise secured to avoid being blown away or struck from its intended position.

MOVING OR FLASHING SIGNS

Signs with visible moving, revolving, or rotating parts, caused by forced air, mechanical equipment or any other means, or any signs with flashing lights, are prohibited.

OFF-SITE SIGNAGE

Signage that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located is not allowed in the SCD except as may be approved by the SPGA for off-site parking approved under a special permit.

ROOF SIGNS

Any signs erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. Roof signs are prohibited in the SCD.

SIGN SIZE

Determined by measuring the entire sign surface area, which shall be considered to include all lettering, wording, and accompanying designs and symbols, together with background, whether open or enclosed, on which they are displayed, but not including any supporting framework. For a sign consisting of individual letters, designs, and symbols attached to or painted on a surface, building, wall, or window, the area shall be that of the smallest quadrangle which encompasses all of the letters, designs, and symbols.

TEMPORARY SIGNS

A sign which is not permanently anchored to a footing extending below grade or permanently affixed to, or painted on, a building and on which the copy has been painted or affixed in a permanent manner. This does not include mobile signs or window signs as defined herein. Temporary signs cannot exceed six (6) square feet in size per side, must not obstruct any public right-of-way or other area for the circulation of vehicles or pedestrians, and may be displayed for no more than 60 days. Temporary signs for Town events or public notice may be erected as allowed by the Select Board. Temporary signs in the service of public health and safety, including construction signs with emergency contact information, wayfinding signage, and safety and OSHA required signage cannot exceed 50 square feet and may stay in place for the duration necessary to ensure public health and safety. The Zoning Enforcement Officer has authority to limit the quantity, size, and location of any such sign if it is determined solely by them that the sign is a detriment to public health and safety.

WALL AREA

For the purposes of this Section 9.3.14, to determine the wall area to be used in calculating the total square footage allowed for wall, ground-mounted, and awning signs, the width of the wall is measured at street level and only includes the wall elevation facing the street and goes from the demising wall to demising wall of the tenant space or in the case of a single owner includes the entire width of the building. The height is determined from the sidewalk surface to the height of the top of the highest sign or 20 feet, whichever is lower. In the case of a one-story building, the height shall be no higher than the top of the parapet or 15 feet, whichever is lower.

WALL SIGNS

Signs with a face generally parallel with and affixed to an exterior wall of any building. Wall signs shall not project more than 10 inches from the surface of a building and shall be no higher than 20 feet from the elevation of the grade adjacent to the building at its lowest point.

WINDOW SIGNS

Signs that are mounted or applied for display on a window and intended to be viewed from the outside. Window signs can incorporate no more than 20% of total glass area of all windows in a street-facing facade, per the standards for measuring sign size herein. No more than 35% of the glass area of any single window may be covered.

Sign Regulations that Vary per Subdistrict for Wall, Ground-Mounted, and Awning Signs
	Core	Flex	Transition
Maximum sign area per wall per building frontage (SF of the wall to which the sign is attached -see definition of wall area)	10% of wall area	10% of wall area	5% of wall area
Maximum sign area per business or tenant space per building frontage (no limit on the number of signs so long as the maximum sign area is not exceeded).	25 square feet	25 square feet	25 square feet
Maximum wall sign size - Multiple tenants or businesses may combine their allowed maximum sign area. However, for wall signs only, the maximum size for each subdistrict is provided here.	40 square feet	50 square feet	30 square feet

Additional sign regulations.

Any traffic or directional sign owned and installed by a governmental agency or otherwise necessary for public health and safety shall not be subject to this section.

Temporary interior window displays, except for window signs, shall not be subject to this section, except as described below.

A sign (including temporary interior window displays) or its illuminator shall not, by reason of its location, shape, size, or color, interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal or traffic marking.

Lighting. Indirect lighting from the front is the desired lighting for all signage in the SCD district, except for blade signs which shall be illuminated indirectly on the face(s) of the sign. Backlit signs are prohibited. The amount of lighting, brightness, and intensity shall be consistent with other allowed signage on structures in proximity and visual sight of the signs being proposed.

Home occupations. Where a home occupation is being legally operated from a dwelling unit, one sign of no more than one (1) square foot is allowed.

Special permit. Deviation from the standards of this Section 9.3.14, Signage, may be granted through special permit application to the Planning Board. The Planning Board, acting as SPGA, may grant approval, deny, or approve with conditions. The SPGA shall only approve where it finds that the proposed deviations are consistent with the stated purposes of the SCD, will result in no substantial detriment to adjacent and nearby property owners, and will pose no risk to public safety and welfare.

9.4 Wireless Communications Overlay District.

9.4.1.

Purpose. The purpose of the Wireless Communications Overlay District (WCOD) is to outline the permitting process to site a wireless communication facility within the Town of Stoughton, while minimizing potential damage and adverse visual impacts of wireless communication facilities on adjacent properties, residential neighborhoods, and areas of historic or high scenic value; to allow the provision of necessary wireless communication services in an orderly way; and to promote shared use of existing facilities to reduce the need for new facilities.

9.4.2.

Special permit granting authority. For all purposes pursuant to this section, the Zoning Board of Appeals is designated as the special permit granting authority ("SPGA").

9.4.3.

Definitions. See Section 11.1, definition of "Wireless Communications Overlay District."

9.4.4.

Exemptions. The following shall be exempt from this section.

Wireless communication facilities primarily and exclusively used for Town or state emergency services.

Amateur radio towers used in compliance with the terms of any amateur radio service licensed by the Federal Communications Commission and used solely for that purpose.

Wireless communication structures and devices used expressly for home television reception.

9.4.5.

Special permit required. No wireless communication facility shall be erected, constructed, or installed without a special permit from the SPGA or in conformance with this section.

9.4.6.

General standards.

Wherever feasible, wireless communication devices shall be located on existing towers, on municipally owned land, or on other nonresidential structures, minimizing proliferation of new towers.

Wireless communication structures shall be built so that the structural integrity of the facility is able to accommodate devices operated by another carrier with little or no modification.

9.4.7.

Siting on municipal land. Wireless communication structures shall be allowed on land owned and controlled by the Town of Stoughton upon the issuance of site plan approval per Section 10.6.

9.4.8.

Siting and height requirements.

Setbacks. The minimum distance from the base of the wireless communication structure to any property line or road right-of-way shall be at least 1.25 times the height of the structure to ensure an adequate fall zone.

The setbacks for the wireless communication building shall comply with the setback requirements for the zoning district.

The wireless communication structure shall be a minimum distance of three times the height from school buildings, playgrounds, athletics fields, and abutting residences to prevent the structure from appearing to "tower" over, adversely affecting property values.

The height shall be the minimum height necessary to accommodate anticipated and future use.

The wireless communication structure shall, when possible, be sited off ridge lines and where its visual impact is the least detrimental to valuable historic and scenic areas.

9.4.9.

New structures. No new wireless communication structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the SPGA that no existing wireless communication structure can accommodate the applicant's proposed wireless communication device or that there is no municipally owned land where a structure could be erected to provide suitable coverage. Evidence submitted to demonstrate that no existing structure can accommodate the applicant's proposed device may consist of any of the following:

No existing wireless communication structures or municipally owned land where a structure could be constructed are located within the geographic area required to meet the applicant's engineering requirements.

No existing nonresidential structure could accommodate a proposed device within the geographic area to provide suitable coverage.

Existing wireless communication structures or nonresidential structures are not of sufficient height to meet the applicant's requirements.

Existing wireless communication structures or nonresidential structures do not have sufficient structural strength or cannot be brought up to appropriate strength to support the proposed wireless communication device.

The proposed wireless communication device would cause electromagnetic interference with the existing devices on the site, or the existing devices would cause interference with the proposed wireless communication device.

The fee, costs, or contractual provisions required by the owner in order to share an existing wireless communication structure or to adapt an existing structure for use are unreasonable. Costs are unreasonable if they are equal to or greater than twice the cost of building a new structure.

The applicant demonstrates that there are other limiting factors that render existing structures unreasonable.

9.4.10.

Design requirements.

Wireless communication structures shall be designed to accommodate the maximum number of users as technologically possible.

There shall be no signs or advertisements, except for no trespassing signs and a required sign giving a phone number where the responsible party can be reached on a twenty-four-hour basis.

All wireless communication devices shall be colored, molded, and/or installed to blend into the structure and/or the landscape.

The facility shall be fenced to control access (not necessarily the whole property).

Night lighting of the facility shall be prohibited unless required by the FAA. If required by the FAA, a copy of the FAA permit requiring lighting should be submitted with the application.

There shall be a maximum of one parking space for each facility to be used in connection with maintenance of the site and not to be used for the storage of vehicles or other equipment.

Existing on-site vegetation shall be preserved to the maximum extent possible.

Vegetative screening shall be used to screen abutting residential properties and roadways. Plants that fit in with the surrounding natural vegetation shall be used.

9.4.11.

Application process.

Application and technical review fees shall be submitted concurrently with any application submitted in conformance with this bylaw.

New wireless communication structures. To site a new wireless communication structure, the applicant shall submit site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on twenty-four-inch by thirty-six-inch sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, where appropriate, on as many sheets as necessary, which show the following:

North arrow, date, scale, seal(s) of the licensed professional(s) who prepared plans and space for the reviewing licensed engineer's seal.

Name and address of landowner and name and address of abutters.

Property lines and location of permanent structures or buildings, within a five-hundred-foot radius of the proposed wireless communication structure.

Existing (from a topographical survey completed within two years of application submittal date by professional surveyor licensed to practice in Massachusetts) and proposed contour lines at a maximum of two-foot intervals and spot elevations at the base of all the proposed and existing structures.

Vegetation to be removed or altered.

Plans for drainage of surface water and plans to control erosion and sedimentation both during construction and as a permanent measure.

Delineation of wetlands, if any.

Location of the wireless communication structure, including supports or guy wires, if any.

Plans for anchoring and supporting the structure, including specifications of hardware and all other building material.

Plans for accessory buildings.

Layout and details of surfacing for access roads and parking.

Amenities such as lighting, fencing, and landscaping.

Four view lines in a one- to three-mile radius of the site, beginning at true north and continuing clockwise at 90° intervals, plus additional view lines from any historic, scenic, or other prominent areas of Town determined by the SPGA.

A map showing the areas covered/served by the proposed wireless communication structure and device of different signal strengths, and the interface with adjacent service areas.

A locus map at a scale one inch equals 1,000 feet (or whatever is necessary to show where in Town the proposed tower is sited) which shall show streets and landscape features.

A description of the soil and subsurface geology at the proposed site.

A narrative report written by the carrier and licensed professional engineer which shall:

(1)

Describe the justification of proposed site.

(2)

Describe the structure and the technical, economic, and other reasons for the facility design.

(3)

Describe the capacity of the structure, including the number and type of additional facilities it can accommodate.

(4)

Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC.

(5)

Describe the projected future needs of the carrier, and how the proposed wireless communications facilities fit with future projections to serve the Town and adjacent towns.

(6)

Describe the leasing agreement should another carrier desire to co-locate.

(7)

Describe special design features to minimize the visual impact of the proposed wireless communication facility.

Proof of approval of all other necessary permits needed for construction and operation.

Any commercial or industrial site that is proposing a cell tower must have a complete 21E assessment done on the entire parcel of the property, and it must be done by a licensed engineering firm qualified to do so.

Within 35 days of submitting an application, the applicant shall arrange to fly, or raise upon a temporary mast, a three foot diameter brightly colored balloon at the maximum height of the proposed facility. The dates (including a second date, in case of poor visibility on the initial date), times, and location of this balloon test shall be advertised, by the applicant, at least seven days in advance of the first test date in a newspaper with a general circulation in the Town of Stoughton. The applicant shall inform the SPGA, in writing, of the times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours between the hours of 8:00 a.m. and 6:00 p.m. on the dates chosen, which shall be on a weekend.

Applicants proposing to erect wireless communications facilities and structures on municipally owned land shall provide evidence of contractual authorization from the Town of Stoughton to conduct wireless communications services on said property.

The special permit granting authority may require any additional information, including but not limited to 21E reports, it deems necessary in its review of an application.

Existing wireless communication structures or nonresidential structures. To site a wireless communication device on existing wireless communication structures or nonresidential structures, such as buildings, steeples, water towers or other nonresidential structures, including co-location with another carrier, provided that the new use does not add to the height of the structure, the applicant shall submit site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on twenty-four-inch by thirty-six-inch sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, on as many sheets as necessary, which show the following:

North arrow, date, scale, the seal(s) of the licensed professionals who prepared the plans and a space for the reviewing licensed engineer's seal.

Plans for supporting and attaching the device including specifications of hardware and all other building material.

Building plans for accessory buildings, if any.

Layout and details of surfacing for access road and parking, if it is to be altered from existing condition.

A map showing the areas covered by proposed device(s) of different signal strengths and the interface with adjacent service areas.

A narrative report written by the carrier and licensed professional engineer which shall:

(1)

Include a draft of the contract between the structure/building owner (whichever appropriate) and the applicant.

(2)

Demonstrate that the wireless communication structure or nonresidential structure to which the device will be mounted has the structural integrity to support such device.

(3)

Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC.

(4)

Describe the projected future needs of the carrier, and how the proposed facility fits with future projections.

(5)

Proof of approval of all other necessary permits needed for construction and operation.

(6)

If the proposed facility adds more than five feet to the height of the structure at the effective date of this bylaw and will exceed zone height restrictions, the SPGA may require a balloon test as described herein.

9.4.12.

Decision process. Action on an application submitted under this bylaw shall occur only after a public hearing noticed in accordance with MGL c. 40A, § 11. Decisions on an SPGA application shall be filed in the office of the Town Clerk and are appealable pursuant to MGL c. 40A, § 17. In granting a special permit for wireless communication facilities, in addition to the findings required by the Town's Zoning Bylaw for special permits, the SPGA shall find:

That the applicant has demonstrated to the satisfaction of the SPGA that the requirements of this bylaw have been met.

That the size and height of the structure is the minimum necessary.

That the proposed wireless communication facilities will not adversely impact historic structures or scenic views.

That there are no feasible alternatives to the location of the proposed wireless communication facilities, including co-location, that would minimize their impact, and the applicant has exercised good faith in permitting future co-location of facilities at the site.

When considering an application for a wireless communication facility, the SPGA shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences, and will encourage the use of existing structures.

9.4.13.

Subsequent changes. Any extension, or construction of new or replacement towers or transmitters, shall be subject to an amendment to the special permit, following the same procedure as siting a new wireless communication device on an existing structure.

9.4.14.

Bond. The applicant shall post an initial bond to cover construction costs and an annual maintenance bond to cover maintenance for the access road, site, and structure(s) and to cover the removal of the facility in the event of nonoperation in an amount approved by the SPGA. An access road may include existing Town roads not designed for heavy traffic.

9.4.15.

Regulatory compliance. Annual certification demonstrating structural integrity and continuing compliance with current standards of the FCC, FAA and the American National Standards Institute shall be filed with the Building Inspector by the special permit holder, and shall be reviewed by a licensed professional engineer hired by the Town and paid for by the special permit holder.

If the FCC or the FAA regulations are changed, the owner or operator shall bring the facilities into compliance within six months or earlier if a more stringent compliance schedule is included in the regulation.

Failure to comply with any regulations shall be grounds for removal of noncomplying structures, buildings, devices at the owner's expense.

If the device is moved lower on the structure and the top of the structure is no longer needed, then the nonoperational part of the structure shall be removed within 120 days.

9.4.16.

Removal and repair.

An applicant must execute a covenant with the SPGA agreeing to remove, within 180 days of notice from the Town, the wireless communication facility not in operation for a period of 12 months, unless the reason for nonoperation is the result of major damage.

If the facility is not removed within 180 days, the Town will remove said facility at the owner's expense.

In the event of major damage, repair must begin within six months of damage. Major damage shall mean damage to the facility caused by no fault of the owner or operator.

9.5 Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District.

9.5.1.

Purpose and intent. There is hereby established a Medical Marijuana Treatment and Dispensing Facilities (MMTDF) and Marijuana Cultivation Overlay District and Overlay Zoning District Bylaw Map. The benefits of this district shall accrue only to those parcels located with the boundary of the Medical Marijuana Treatment Center and Dispensing Facilities and Marijuana Cultivation Overlay District which shall include Map 88, Lot 141 and Map 88, Lot 143. The Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District is intended to apply only to a portion of the Industrial Zone as shown on the attached Overlay Zoning District Bylaw Map.[1] The intent of this section is to:

Establish specific zoning standards and regulations for medical marijuana treatment centers and medical marijuana growing and cultivation operations;

Protect the public health, safety and welfare of Stoughton residents;

Provide for limited establishment of MMTDF and marijuana cultivation in appropriate places and under strict conditions;

Regulate the siting, design, placement, safety, monitoring, modification, and removal of MMTDF and marijuana cultivation;

Limit the overall number of MMTDF and marijuana cultivation activity in the Town to what is essential to serve the public necessity; and

To minimize the adverse impacts of medical marijuana treatment and dispensing facilities and marijuana cultivation on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

[1]

Editor’s Note: Said map is on file in the Town offices.

9.5.2.

Applicability.

The commercial cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana facility under this Section 9.5.

No medical marijuana facility shall be established except in compliance with the provisions of this section.

Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

9.5.3.

Scope of authority. The Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District shall not restrict the owner's right relative to the underlying zoning districts. However, if the owner elects to use the Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District for development purposes, the development shall conform to the requirements of the Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District.

9.5.4.

Special permit granting authority. For all purposes pursuant to this Section 9.5, the Zoning Board of Appeals is hereby designated as the special permit granting authority (SPGA). All special permit applications made pursuant to this bylaw shall conform to the standards and criteria and procedural provisions in the Town of Stoughton Zoning Bylaw Section 10.5.

9.5.5.

Standards and criteria. In addition to the specific criteria contained within this section the SPGA shall consider the following criteria, where relevant, before issuing a special permit for development within the Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District:

Adequacy of the site in terms of the size of the proposed use(s);

Suitability of the site for the proposed use(s);

Impact on traffic and safety;

Impact on the visual character and the surrounding neighborhood;

Adequacy of utilities, including sewage disposal, water supply and stormwater drainage.

9.5.6.

Cultivation activities. Cultivation, as defined in this bylaw, by any qualifying patient, personal caregiver, or medical marijuana treatment and dispensing facility in any location other than where specifically permitted shall be disallowed. This disallowance shall include cultivation, even where proposed as an accessory use, by any qualified patient, personal caregiver, or medical marijuana treatment and dispensing facility.

9.5.7.

Requirements.

All medical marijuana treatment and dispensing facilities shall be designed and constructed in accordance with the underlying industrial zoning district and the requirements of all applicable provisions of the Stoughton Zoning Bylaw, including Section 9.5, and the Overlay District as per plan for medical marijuana treatment and dispensing facilities and marijuana cultivation.

Any medical marijuana treatment and dispensing facilities or cultivation application shall be subject to all of the Town of Stoughton Zoning Bylaws and the provisions in this bylaw.

Application and technical review fees shall be submitted concurrently with any application submitted in conformance with this bylaw. Additional technical review fees will be assessed by the Engineering Department if warranted by excessive technical engineering reviews of the project.

9.5.8.

Dimensional and density requirements. The Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation Overlay District shall conform to the Stoughton Zoning Bylaws, Dimensional and Density Regulations Table[2] under the category "I" which is entitled Industrial Zone. All requirements of the Industrial zone shall be adhered to.

[2]

Editor’s Note: The Table of Dimensional and Density Regulations is included as an attachment to this chapter.

9.5.9.

Signs. All signs shall be reviewed before the Zoning Board of Appeals at the time of application. In addition, upon penalty of special permit revocation, no permitted medical marijuana treatment and dispensing facility shall use any advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors. Off site signage or advertising in any form, including billboards, shall not be allowed.

Flashing signs, moving signs, and roof signs are not permitted.

Rear building signs are prohibited.

9.5.10.

Disallowance. No medical marijuana treatment and dispensing facilities or marijuana cultivation special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 94C, or similar laws in other jurisdictions. Any applicant for a special permit under this bylaw must allow for a criminal background check which includes jurisdiction beyond the state of Massachusetts.

9.6 Solar Power Overlay District.

9.6.1.

Purpose. The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

9.6.2.

Applicability. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed. This section pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

9.6.3.

Definitions. See Section 11.1, definition of "Solar Power Overlay District."

9.6.4.

General requirements for all large-scale solar power generation installations. The following requirements are common to all solar photovoltaic installations to be sited in a designated location.

Compliance with laws, ordinances and regulations: The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

Building permit and building inspection: No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

9.6.5.

Site plan review. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall be subject to the Town of Stoughton Site Plan Review Bylaw by the Planning Board prior to construction, installation or modification as provided in this section.

All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts. Pursuant to the site plan review process, the project proponent shall provide the following documents showing:

Property lines and physical features, including roads, for the project site;

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

Blueprints or 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;

A one- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; and

The name, contact information and signature of any agents representing the project proponent.

9.6.6.

Required documentation. The following documents are also required:

Documentation of actual or prospective access and control of the access site (see Section 9.6.7);

An operation and maintenance plan (see Sections 9.6.8 and 9.6.13);

Proof of liability insurance; and

Description of financial surety (see Section 9.6.15).

9.6.7.

Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

9.6.8.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation and stormwater controls, as well as general procedures for operational maintenance of the installation.

9.6.9.

Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Town of Stoughton that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

9.6.10.

Dimension and density requirements. Setbacks for large-scale ground-mounted solar photovoltaic installations shall be as follows:

Front yard: The front yard depth shall be at least 25 feet; provided, however, that where the lot abuts a conservation area or residential district, the front yard shall not be less than 50 feet.

Side yard: Each side yard shall have a depth of at least 20 feet; provided, however, that where the lot abuts a conservation area or residential district, the side yard shall be 50 feet.

Rear yard: The rear yard depth shall be at least 40 feet; provided, however, that where the lot abuts a conservation area or residential district, the rear yard shall be 50 feet.

9.6.11.

Design standards.

Lighting: Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage: Signs on large-scale ground-mounted solar photovoltaic installations shall comply with the sign regulation of the Town of Stoughton Zoning Bylaws. The sign will be required to identify the owner and provide a twenty-four-hour emergency contact telephone 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.

Utility connections: Reasonable efforts, as determined by the Planning Board, Town Engineer and the Department of Public Works, 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.

9.6.12.

Safety and environmental standards.

Emergency services: The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

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 large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

9.6.13.

Monitoring and maintenance.

Solar photovoltaic installation conditions: The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility 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 Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

Modifications: All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval of the Planning Board and the Engineering Department.

9.6.14.

Abandonment or decommissioning.

Removal requirements of any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

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 to the satisfaction of the Town Engineer.

Abandonment absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation at the owner's expense.

9.6.15.

Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of the 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 and the Town Engineer, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or stated owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

9.7 Floodplain Overlay District (FPOD).

9.7.1.

Purpose. The purpose of the Floodplain Overlay District (FPOD) is to:

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazard to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions; and

Reduce damage to public and private property resulting from flooding waters.

9.7.2.

FPOD boundaries; base flood elevation; floodway data. The district shall include all special flood hazard areas designated as Zone A and AE as shown on those maps entitled, "Flood Insurance Rate Map (FIRM) of Norfolk County, Massachusetts prepared by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program." The maps consist of a Map Index Map Number 25021CIND0A and 13 individual map panels drawn at one inch equals 500 feet as panel numbers 25021C0194E, 25021C0212E, 25021C0213E, 25021C0214E, 25021C0216E, 25021C0218E, 25021C0357E, 25021C0359E, 25021C0376E, 25021C0377E, 25021C0378E, 25021C0379E, and 25021C0381E dated July 17, 2012. Such maps shall be kept by the Building Commissioner and copies in the office of the Town Clerk of the Town of Stoughton and shall be certified by the Town Clerk of the Town of Stoughton as being true and complete copies of said FIRM, and as the same may from time to time be amended or updated by action of the Town Meeting through the process required by law for the adoption of Zoning Bylaw changes. All references in this section of the bylaw to "maps" shall be deemed to be referenced to the FIRM unless the context otherwise specifically requires.

The exact boundaries of flood hazard areas may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 17, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Engineering Department, Building Commissioner and Conservation Commission.

9.7.3.

Definitions. See Section 11.1, definition of "Floodplain Overlay District."

9.7.4.

Permitted uses. The following uses are of low flood damage potential and cause no obstructions to flood flows and are therefore encouraged, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

Forestry and nursery uses;

Outdoor recreational uses, including fishing, boating, play areas, etc;

Conservation of water, plants and wildlife;

Wildlife management areas and foot, bicycle and/or horse paths;

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;

Buildings lawfully existing prior to the adoption of these provisions.

9.7.5.

Other use regulations.

In Zone AE, along watercourses that have a regulatory floodway designated within the Town of Stoughton on the Norfolk County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

All subdivision proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazard.

9.7.6.

Base floodway and flood elevation data.

Floodway data. In Zones A and AE, along watercourses that have had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in the floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

9.7.7.

Notification of watercourse alteration. In a riverine situation, the Zoning Board of Appeals shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities;

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104; and

NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110.

9.7.8.

Reference to existing regulations. All developments in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

Sections of the Massachusetts State Building Code which address floodplain and coastal high hazard areas (currently 780 CMR) which address floodplain and coastal construction;

Wetlands protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00) and as adopted by the Stoughton Conservation Commission;

Inland wetlands restriction, DEP (currently 310 CMR 13.00);

Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15, Title 5);

All applicable provisions of the Stoughton Bylaws and maps that form a part of such bylaws.

Any variances from the provisions and requirements of the above-referenced state and/or local regulations may only be granted in accordance with the required variance procedures of these regulations.

9.7.9.

Interpretation. To the extent that different requirements for flood hazard areas are set forth in Section 9.2, the provisions of this Section 9.7 shall control.