A.
The purposes of these special multifamily housing requirements are
as follows:
(1)
To prevent overcrowding of land.
(2)
To avoid undo concentration of population.
(3)
To encourage housing for persons on all income levels.
(4)
To conserve health.
(5)
To conserve the value of land and buildings, including the conservation
of natural resources and the prevention of blight and pollution of
the environment.
(6)
To encourage the most appropriate use of land throughout the Town
of Templeton.
(7)
To ensure proper municipal review of construction of multifamily
housing of three or more (but not more than six) units.
B.
Multifamily housing shall be allowed by special permit by the Zoning
Board of Appeals according to the following conditions:
(1)
The gross land area on which multifamily housing is permitted shall
be not less than listed below for the number of square feet required
per dwelling times the number of units per multifamily housing being
proposed, with a limit of six units per building.
|
With or Without Water or Sewer
| |||
|---|---|---|---|
|
Frontage Requirements
(feet)
|
Size of Lot Required
| ||
|
Acres
|
Square Feet
| ||
|
Each three or four units
|
200
|
2
|
87,120
|
|
Each five or six units
|
250
|
3
|
130,680
|
(2)
Each three- or four-unit building shall be erected on a lot having
not less than 200 feet of frontage and two acres. Each five- or six-unit
building shall be erected on a lot having not less than 250 feet of
frontage and three acres. All the above frontages shall be on a way.
(3)
Multifamily buildings shall not cover more than 30% of the gross
land area of the lot.
(4)
No multifamily building shall be higher than two stories or 30 feet
in height.
(5)
An unbroken yard space not less than 10 feet in depth shall be established
all along the entire perimeter of the lot on which a multifamily building
is located. Such yard space shall be planted and maintained by the
building owner or left in a natural state. In such yard space, there
shall be no off-street parking nor driveway except a driveway crossing
that part of the yard as is bordered by a street.
(6)
Paved off-street automobile parking spaces will be provided on the
lot containing a multifamily housing building and each space shall
be easily accessible from a paved driveway on the property. There
shall be two such spaces per unit on the property. Each such space
shall have minimum dimensions of 18 feet long by nine feet wide. In
addition, spaces for handicapped per state requirements shall be installed.
(7)
A minimum of 30% of the gross area of the lot on which a multifamily
building is permitted shall not be built on and shall be left unpaved,
landscaped and/or left in its natural state and maintained with an
acceptable balance of trees, shrubs and grass.
C.
A multifamily dwelling constructed near a municipal boundary must
be protected by a buffer zone from an incompatible use on adjacent
land in the neighboring municipality. A one-hundred-foot natural or
landscaped zone shall be constructed and maintained by the multifamily
building owner if the land in the neighboring municipality is used
or zoned for commercial or industrial use.
D.
A fifty-foot buffer zone between proposed multifamily buildings constructed
adjacent to an industrial, residential or commercial use must be created.
The buffer zone must function as a physical barrier to minimize noise
and to provide a visual screen to adjacent industrial, residential
or commercial buildings. It may consist of existing natural vegetation,
selective planting, earth berms, fences, or any combination of these
arranged to enhance the aesthetic quality of the area.
[Added 12-7-2006; amended 3-6-2008]
Through a special permit, home occupations that exceed the "minor
home occupation" criteria may be permitted by the Planning Board.
This section is intended to support a work-at-home concept appropriate
for a rural-suburban community, in order to allow proprietors flexibility
to operate businesses out of their homes.
A.
Standards. Major home occupations shall comply with the following
standards:
(1)
No more than three employees not residing on the premises shall be
allowed to report to the home business site;
(2)
The home occupation shall be clearly incidental and subordinate to
the primary residential nature of the property. The principal practitioner
must be the owner of the property and maintain his permanent residence
in the dwelling;
(3)
Utility areas (such as dumpsters, fuel storage facilities, etc.)
and outdoor storage of equipment, vehicles, or supplies associated
with the home occupation shall be adequately screened to minimize
the visual intrusion on adjacent properties and views from public
ways. The Planning Board may require an evergreen vegetative screen
with plantings of not less than three feet in width and not less than
six feet in height at commencement of the use. At the discretion of
the Planning Board, fences may be used, which shall not exceed four
feet in height in front yards or six feet in side and rear yards.
(4)
Parking needed for employees and visitors shall be located at the
side or rear of the dwelling and shall be suitably landscaped to minimize
the visual impact on adjacent properties. On-street parking shall
not be permitted;
(5)
Signs shall be provided in conformance with this Zoning Bylaw to
advertise the home occupation;
(6)
(Reserved)
(7)
Major home occupations may include the selling of products, the major
portion of which are refurbished, manufactured, assembled, or produced
on the premises;
(8)
Lighting shall be appropriate to the building and its surroundings
in terms of style, scale, hours, and intensity of illumination. Low
wattage systems are recommended and site lighting shall be shielded,
especially in developed residential areas;
(9)
The Planning Board may grant a special permit if it determines that
the activities will not create a hazard to the public or natural environment,
disturbance to any abutter, or injury to the neighborhood, and will
not create unsightliness visible from any public way or neighboring
property. The Planning Board may impose conditions deemed necessary
to preserve neighborhood character and protect existing and future
abutting land uses, including limitations on time and ownership. The
special permit shall be granted to the owner and shall expire upon
transfer of the property or business; any new owner shall apply for
a new special permit. The special permit may at any time be subject
to review and/or renewal by the Planning Board, and may be further
conditioned or amended as necessary to ensure that the intent of this
section is maintained.
B.
Process.
(1)
Applicants shall submit the required fee and nine copies of the special
permit application and other information specified below to the Town
Clerk. The Town Clerk shall stamp each copy with the date and time
of submission. Eight copies of said application and information shall
be filed forthwith by the applicant with the Planning Board.
(2)
A site plan shall be submitted to show location of buildings and
structures, utility areas, parking, lighting, fencing, landscaping
and buffering, location and size of sign, and access to the lot from
existing public ways.
(3)
A written statement shall be provided by the applicant describing
the nature of the home occupation, the number of employees, hours
of operation, and other pertinent information on the operation of
the business.
(4)
The applicant, within three days of the Planning Board accepting
the application as complete, shall submit one copy to the Board of
Appeals, Board of Health, Zoning Enforcement Officer, Conservation
Commission, Highway Department, and Police and Fire Chiefs with a
request for their review and comment. Said boards and officials shall
have 35 days to submit their comments to the Board.
(5)
The Planning Board shall hold a public hearing in accordance with
the special permit procedures described within this Zoning Bylaw and
MGL c. 40A, § 9 and notice shall be given as specified by
MGL c. 40A, § 11.
[Added 12-7-2006]
A.
Authority, purpose and intent.
(1)
The purpose of this section is to serve the compelling Town interests
of limiting the location of and preventing the clustering and concentration
of certain adult entertainment enterprises, in response to studies
demonstrating their deleterious effect.
(2)
This section addresses and mitigates the secondary effects of adult
entertainment establishments and sexually oriented businesses that
are referenced and defined herein. Secondary effects have been shown
to include increased crime and blight, the flight of existing businesses,
and adverse impacts on public health, property values of residential
and commercial properties, the business climate, and the general quality
of life in the community. All of said secondary impacts are adverse
to the health, safety and general welfare of the Town of Templeton
and its inhabitants.
(3)
This section is intended to be consistent with the provisions of
MGL c. 40A and the Town's authority under the Home Rule Amendment
to the Massachusetts Constitution. The provisions of this bylaw have
neither the purpose nor intent of imposing a limitation on the content
of any communicative matter or materials, including sexually oriented
matter or materials that are protected by the United States or Massachusetts
Constitutions, nor to restrict or deny rights that distributors or
exhibitors of such matter or materials may have to sell, rent, distribute
or exhibit such matter or materials. Similarly, it is not the intent
nor effect of this section to condone or legitimize the distribution
of obscene or other illegal matter or materials.
B.
Definitions specific to adult entertainment.
(1)
As used herein, and consistent with the definitions in MGL c. 40A,
§ 9A, adult uses shall include the following: adult bookstore,
adult video store, adult paraphernalia store, adult motion-picture
theater establishment, adult live entertainment, massage service establishment,
sexual encounter club, adult cabaret or club, adult motel or any other
business or establishment characterized by an emphasis depicting,
describing or related to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31. Adult uses shall include an establishment
with a combination of adult use materials as listed above, including
books, magazines, devices, objects, tools, or toys, movies, videos,
and any similar audio/visual media for sale or rent, which are distinguished
or characterized by their emphasis depicting, describing, or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31,
which in combination, is either:
(2)
ADULT CABARET OR CLUB
ADULT MOTEL
ADULT PARAPHERNALIA STORE
ADULT USE
ADULT VIDEO STORE
MEMBERSHIP CLUB
NUDITY
SEXUAL CONDUCT
SEXUAL ENCOUNTER CLUB
SEXUAL EXCITEMENT
Terms defined. As used in this section, the following terms shall
have the meanings indicated:
A restaurant, or other establishment licensed under MGL c.
138, § 12, which, as a form of entertainment, features exotic
dancers, strippers, male or female impersonators or similar entertainers,
or allows a person or persons to work in a state of nudity; or provides
films, motion pictures, videocassettes, compact disks, slides, photographic
reproductions, or other visual and/or audio media, regardless of form
or method of presentation, which are characterized by the depiction
or description of sex-related anatomical areas, or relating to any
sexual activity, including sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31, as amended.
A motel or similar establishment offering public accommodations
for any form of consideration which provides patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions, a substantial portion
of the total presentation time of which are distinguished or characterized
by its emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, as
amended.
An establishment having as a substantial or significant portion
of its stock-in-trade devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use of a building or business (whether partial or entire)
for the purpose of engaging in the sale, display, hire, trade, exhibition
or viewing of materials or entertainment depicting, describing, or
relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, including adult bookstores, adult live entertainment,
adult motion-picture theaters, adult paraphernalia stores and adult
video stores, massage service establishments, sexual encounter clubs,
adult cabaret or club, adult motel or similar establishment customarily
excluding any minor by reason of age as a prevailing practice, as
may be further defined in this bylaw.
An establishment having as a substantial or significant portion
of its stock-in-trade, videos, movies, computer software, computer
discs, laser discs or other film material which is distinguished or
characterized by their emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A social, sports, or fraternal association or organization
used exclusively by members and their guests and which may contain
bar facilities, but excluding sexual encounter clubs.
Uncovered or less than opaquely covered human genitals, pubic
areas, the human female breast below a point immediately above the
top of the areola, or the covered male genitals in a discernibly turgid
state. For the purposes of this definition, a female breast is considered
uncovered if the nipple or areola only are covered as defined in MGL
c. 272, § 31, as it may be amended.
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, any lewd exhibitions of the genitals, flagellation
or torture in the context of a sexual relationship, any lewd touching
of the genitals, pubic areas, or buttocks of the human male or female,
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals, and any depiction
or representation of excretory functions in the context of a sexual
relationship. Sexual intercourse is simulated when it depicts explicit
sexual intercourse that gives the appearance of the consummation of
sexual intercourse, normal or perverted, as defined in MGL c. 272,
§ 31, as it may be amended.
A business or commercial enterprise, public or private, that
as one of its primary business purposes offers for any form of consideration:
(A) physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or (B) activities between male and female
persons and/or persons of the same sex when one or more persons is
in the state of nudity; or where the activities in (A) or (B) are
distinguished or characterized by its emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, as amended.
The condition of human male or female genitals or the breasts
of the female while in a state of sexual stimulation or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity as defined in MGL c. 272, § 31, as it may be amended.
C.
Special permit. Adult entertainment uses shall be only in nonresidential
zoning districts, where such uses shall be allowed only upon the grant
of a special permit by the Planning Board in accordance with site
plan approval by the Planning Board in accordance with this Zoning
Bylaw.
D.
Filing requirements, siting criteria, conditions.
(1)
Submission requirements.
(a)
The application for a special permit for an adult use shall
provide:
(b)
A special permit hearing shall be held within 45 days after
an application is filed with the Town Clerk. A decision on the special
permit application shall be held within 45 days after the public hearing.
(c)
No adult use special permit shall be issued to any applicant
or the representative of an owner, operator, or manager of an adult
entertainment facility who has been convicted of violating the provisions
of MGL c. 119, § 63 (Inducing or abetting delinquency of
a child) or MGL c. 272, § 28 (Crimes against chastity, morality,
decency and good order), or equivalent statutes in other jurisdictions.
The application shall include authorization for the Town to confirm
criminal record information through the appropriate authorities.
(2)
Siting criteria.
(a)
Adult entertainment uses shall comply with the following siting criteria,
where the distance from the developed portion of the subject site
shall:
[1]
Not be located closer than 100 feet to a residential zoning
district or residential dwelling.
[2]
Not be located within 1,000 feet from a church, school, playground,
play field, cemetery, public open space, youth center, day-care center.
[3]
Not be located within 1,000 feet from another adult use as defined
herein.
[4]
Not be located within 500 feet from an establishment licensed
under MGL c. 138, § 12, allowing sale of alcohol for drinking
on premises.
(b)
The distances specified in this section shall be measured by
a straight line from the nearest developed portion of the premises
on which the adult entertainment use is proposed (including structures
proposed to contain adult uses and associated accessory structures
and parking) to the nearest property line of the uses stated in D(2)(a)[1]
through [4] above.
(3)
Conditions. The Planning Board shall issue a special permit for an adult entertainment use if the submission requirements of Subsection D(1), the siting criteria in Subsection D(2), and the following conditions are met:
(a)
No adult use shall be allowed to disseminate or offer to disseminate
adult matter or paraphernalia to minors or suffer minors to view displays
or linger on the premises. All entrances to an adult entertainment
business, or portion of the business displaying material of adult
content, shall be clearly and legibly posted by a notice indicating
that minors are prohibited from entering the premises or portion of
the business as the case may be.
(b)
All building openings, entries and windows shall be screened
in such a manner as to prevent visual access to the interior of the
establishment by the public.
(c)
No adult entertainment use shall be allowed to display any advertisement,
sign, placard, or other matter of visual material containing or depicting
nudity, sexual conduct or sexual excitement.
(d)
Any special permit granted for an adult entertainment use shall
be personal to the applicant, shall not run with the land, and shall
expire upon the expiration of the applicant's lease or upon sale or
transfer of the subject's property/business.
(e)
If the adult use allows for the showing of films or videos within
the premises, any booths in which the films or videos are viewed shall
not be closed off by curtains, doors or screens. All booths must be
able to be clearly seen from the center of the establishment.
(f)
No adult use shall be allowed within a building containing residential
uses.
(g)
No adult use shall be allowed within a shopping center, shopping
plaza or mall. For the purposes of this section, "shopping center,"
"shopping plaza," and "mall" shall be defined as an integrated group
of retail establishments and associated parking, whether located on
one or more parcels of land.
(h)
No loudspeakers or sound equipment shall be used by an adult
entertainment business for the amplification of sound to a level discernible
by the public beyond the walls of the building in which the adult
entertainment business is conducted.
(i)
An adult entertainment business shall not remain open for business,
or permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service, or solicit a service
between the hours of 1:00 a.m. and 10:00 a.m. of any particular day.
In the case of adult bookstores, video stores, and adult paraphernalia
stores, business hours shall be limited to hours between 9:00 a.m.
to 10:00 p.m. These hours of operation may be further restricted in
the conditions granting a special permit for an adult entertainment
business.
(j)
A certificate of occupancy for an adult use shall not be issued
until the applicant has first received any required license from the
appropriate licensing boards.
(k)
Any adult entertainment use granted a special permit shall comply
with all other Town bylaws and all statutes of the Commonwealth of
Massachusetts regarding public nuisances, sexual conduct, lewdness,
obscene or harmful matter, or the exhibition or public display thereof.
E.
Severability. The provisions of this section are severable and in
the event that any provision of this section is determined to be invalid
for any reason, the remaining provisions shall remain in full force
and effect.
[Added 3-6-2008]
A.
Purpose. The purpose of this section is to provide for the development
and use of wind power as an alternative energy source, while protecting
public health, safety and welfare, preserving environmental, historic
and scenic resources, controlling noise levels and preventing electromagnetic
interference.
B.
Applicability. Construction and use of a wind energy conversion system
(WECS) or any part thereof shall comply with this bylaw.
C.
COMMERCIAL WIND ENERGY SYSTEM (CWES)
OVERALL ENGINEER-DESIGNED FALL ZONE
RESIDENTIAL WIND ENERGY SYSTEM (RWES)
WIND ENERGY CONVERSION SYSTEMS (WECS)
WIND FARM
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity greater than 10 kW.
The area on the ground, determined by a registered professional
engineer, within a prescribed radius from the base of a WECS, typically
the area within which there is a potential hazard from falling debris
or collapsing material.
A wind energy conversion system consisting of a wind turbine,
and associated control or conversion electronics, which has a rated
capacity of not more than 10 kW, located on a single lot, intended
as an accessory use in a designated residential district or in connection
with any residential use in a designated commercial district. The
rated capacity of not more than 10 kW can be increased at the discretion
of the SPGA.
All equipment, machinery, and structures, whether underground,
on the surface, or overhead, used to collect, transmit, distribute,
store, supply, or sell energy derived from wind, including but not
limited to wind turbines (rotors, electrical generators and towers),
anemometers (wind measuring equipment), transformers, substations,
power lines, control and maintenance facilities, and site access and
service roads.
A collection of towers in the same location. See Subsection E(4) for allowance of more than one tower on the same lot or on contiguous lots held in common ownership.
A single device that converts wind to electricity or other
forms of energy, typically consisting of a rotor and blade assembly,
electrical generator, and tower with or without guy wires.
D.
Special permit granting authority.
(1)
The Planning Board is hereby established as the special permit granting authority (SPGA) in connection with construction of wind energy facilities (WECS). WECS are allowed in all districts by special permit (See § 300-31, Special permits.), except the Village and Historic Districts, where they are prohibited.
(2)
The SPGA shall grant a special permit only if it finds that the proposal
complies with the provisions of this bylaw and is consistent with
the applicable criteria for granting special permits.
E.
Development requirements. The following requirements apply to all
wind energy conversion systems (WECS):
(1)
Proposed WECS shall be consistent with all applicable local, state
and federal requirements, including but not limited to all applicable
electrical, construction, noise, safety, environmental and communications
requirements.
(2)
WECS serving neighborhoods or multiple residences are encouraged;
however, proposals shall be permitted as a CWES allowed in residential
districts. If applicable, any necessary easements between property
owners must be recorded.
(3)
RWES and CWES shall be limited to one tower per lot, including one tower per lot on contiguous lots held in common ownership. The SPGA may exceed this limit if the applicant can demonstrate that additional number is necessary to serve the purposes of this bylaw and that the additional towers will not create an adverse impact in comparison to the siting of one tower as outlined in this bylaw with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(4)
Tower height.
(a)
CWES: maximum height 300 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(b)
RWES: maximum height 150 feet. The SPGA may allow the height restriction to be exceeded as part of the special permit process if it finds that the applicant has demonstrated that additional height is needed and that increased height does not create a greater adverse impact than a facility built in compliance with this section with respect to factors including, but not limited to, noise [Subsection E(8)], shadowing/flicker [Subsection E(9)], visual impact [Subsection E(11)], and electromagnetic interference [Subsection E(12)].
(5)
Monopole towers are the preferred type of support.
(6)
Height calculation. Overall height of the wind turbine, including
any roof-mounted wind turbine, shall be measured from the ground level
(the land in its natural state prior to grading or filling) to the
highest point reached by any part of the wind turbine.
(7)
Fall zone setbacks. (See Figure A.[1])
(a)
The minimum setback for the WECS shall be maintained equal to
the overall engineer-designed fall zone plus 10 feet from all boundaries
of the site on which the WECS is located.
[1]
No part of the WECS support structure, including guy wire anchors,
may extend closer to the property boundaries than the standard structure
setbacks for the zone where the land is located.
[2]
WECS shall be set back a distance of the overall engineer-designed
fall zone plus 10 feet from ways, drives, access easements, trails,
ascertainable paths and above-ground utility lines. (See Figure A.)
(b)
The SPGA may waive the fall zone setbacks in Subsection E(7)(a) if it determines that such a waiver does not derogate from the purpose of this bylaw, and is in the public interest. If any portion of the fall zone setback area referred to in Subsection E(7)(a) includes abutting property, in order for the SPGA to grant such a waiver the applicant must present evidence that he/she has secured a permanent "fall zone easement" from the abutting property owner(s). The area of the "fall zone easement" shall be shown on all applicable plans submitted to the SPGA. The easement shall prohibit the placement of temporary or permanent buildings or structures within the "fall zone" and state that it is for the benefit of the applicant's property and that the easement shall run with the land and forever burden the subject property. The easement shall be recorded no later than 10 days from the grant of said waiver, and a copy of the recorded easement shall be provided to the SPGA promptly. In addition, the SPGA may waive the setback requirement in Subsection E(7)(a) for setbacks from a public way for good cause.
[1]
Editor's Note: Figure A is included at the end of this section.
(8)
Noise. The WECS and associated equipment shall conform to the Massachusetts
noise regulation (310 CMR 7.10). If deemed necessary by the SPGA,
an analysis, prepared by a qualified engineer, shall be presented
to demonstrate compliance with these noise standards and be consistent
with Massachusetts Department of Environmental Protection guidance
for noise measurement.
(a)
Manufacturers specifications may be accepted when, in the opinion
of the SPGA, the information provided satisfies the above requirements.
(b)
If noise levels are determined to be excessive, the Zoning Enforcement
Officer shall require the property owner to perform ambient and operating
decibel measurements at the nearest point from the wind turbine to
the property line of the complainant and to the nearest inhabited
residence.
(9)
Shadowing/Flicker. The WECS shall be sited in a manner that does
not result in significant shadowing or flicker impacts. The applicant
has the burden of proving that a WECS does not have significant adverse
impact on neighboring or adjacent uses either through siting or mitigation.
(10)
Prevention of access. The applicant/owner shall ensure that
all related components of the WECS are protected from unlawful access.
Climbing access to the tower shall be limited by the following methods:
by placing climbing apparatus no lower than 12 feet from the ground
and by installation of a six-foot-high fence with locked gate set
back no less than 10 feet from the base of the WECS. (See Figure B.[2])
[2]
Editor's Note: Figure B is included at the end of this section.
(11)
Visual impact.
(a)
The applicant shall employ all reasonable means, including landscaping
and alternative locations, to minimize the visual impact of all WECS
components. All components of the WECS and its support structure shall
be painted plain, nonreflective, muted colors without graphics or
other decoration.
(b)
The WECS shall not unreasonably interfere with any scenic views,
paying particular attention to such views from the downtown business
area, public parks, natural scenic vistas or historic building or
districts. Furthermore, WECS are prohibited in the Historic and Village
Districts. WECS shall, when possible, be sited off ridgelines where
their visual impact is least detrimental to scenic views and areas.
In determining whether the proposed WECS will have an undue adverse
impact on the scenic beauty of a ridge or hillside, the SPGA may consider,
among other things, the following:
[1]
The period of time during which the proposed WECS will be viewed
by the traveling public on a public highway, public trail, or public
body of water;
[2]
The frequency of the view of the proposed WECS by the traveling
public;
[3]
The degree to which the view of the WECS is screened by existing
vegetation, the topography of the land, and existing structures;
[4]
Background features in the line of sight to the proposed WECS
that obscure it or make it more conspicuous;
[5]
The distance of the WECS from the viewing vantage point and
the proportion that is visible above the skyline;
[6]
The number of travelers or vehicles traveling on a public highway,
public trail, or public body of water at or near the critical vantage
point; and
[7]
The sensitivity or unique value of the particular view affected
by the proposed WECS.
(c)
To assist the SPGA in its review, it may require the applicant
to fly or raise a three-foot-diameter balloon at the maximum height
of the proposed WECS at a location within 50 horizontal feet of the
center of the proposed facility. The applicant shall provide photographs
of the balloon test taken from at least four vantage points previously
designated by the SPGA.
(12)
Electromagnetic interference. No WECS installation shall cause
electromagnetic interference. The applicant may be asked to bring
in consultants at his/her own expense to certify that the system will
not cause interference. If neighbors can demonstrate that there is
excessive interference, the Inspector of Buildings shall notify in
writing the owner of the WECS to correct the violation. If the interference
is not remedied within 30 days, the WECS shall remain inactive until
the interference is remedied, which may include relocation or removal.
F.
Procedural requirements.
(1)
Site plan. A site plan must be submitted, prepared to scale by a
registered land surveyor or civil engineer, showing the location of
the proposed WECS, distances to all property lines, existing and proposed
structures, existing and proposed elevations, public and private roads,
above-ground utility lines and any other significant features or appurtenances.
Any portion of this section may be waived if, in the opinion of the
SPGA, the materials submitted are sufficient for the SPGA to make
a decision.
(a)
Vegetation. Existing vegetation must be shown, including average
height of trees and any proposed vegetation removal on the subject
property or abutting properties. The SPGA may also consider the height
of vegetation at maturity.
(b)
Lighting. If lighting is proposed (other than required FAA lights),
the applicant shall submit a plan indicating the horizontal footcandles
at grade, within the property line and 25 feet beyond the property
lines. The plan shall also indicate the locations and types of luminaires
proposed.
(c)
The site plan shall be accompanied by any additional documentation
necessary to provide a complete description of the WECS, including
technical, economic, environmental, and other reasons for the proposed
location, height and design.
(2)
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount and for a duration
sufficient to cover loss or damage to persons and structures occasioned
by the failure of the facility.
(3)
Compliance with FAA regulations. WECS must comply with applicable
FAA regulations, including any necessary approvals for installations
close to airports.
(4)
Utility notification. No WECS shall be installed until evidence has
been given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(5)
Discontinuance.
(a)
A WECS shall be considered to be discontinued if it is not operated
for a period of two years. Once a WECS is designated as discontinued,
the owner shall be required to physically remove the WECS within 90
days of written notice. "Physically remove" shall include, but not
be limited to:
[1]
Removal of WECS, any equipment shelters and security barriers
from the subject property.
[2]
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
[3]
Restoring the location of the WECS to its natural condition,
except that any landscaping and grading shall remain in the "after"
condition.
(b)
If the applicant fails to remove the WECS in accordance with
the requirements of this section, the Town shall have the authority
to enter the property and physically remove the facility at the owner's
cost, which may include placing a lien on the property and/or taking
other actions.
(6)
Modifications. All modifications (excluding routine repairs and maintenance)
to a WECS made after issuance of the special permit shall require
approval by the SPGA.
(7)
Professional fees. The SPGA may retain a technical expert/consultant
to verify information presented by the applicant. The cost for such
a technical expert/consultant will be at the expense of the applicant.
|
FIGURE A: WIND ENERGY CONVERSION SYSTEM (Illustrative Example
Only)
| ||
|
A
|
=
|
Overall Height of WECS. Maximum height of a residential WECS
is 150 feet and maximum height for a commercial WECS is 300 feet.
Maximum height may be exceeded as part of the special permit process
if there is a demonstrated need.
|
|
B
|
=
|
Fall Zone Setback: A minimum of the overall engineer-designed
fall zone plus 10 feet. This setback does not apply to any residential
or commercial structure that is owned by the applicant.
|
|
C
|
=
|
Standard Structure Setback.
|
 | ||
|
FIGURE B: WIND ENERGY CONVERSION SYSTEM (Illustrative Example
Only)
| ||
|
A
|
=
|
Six-foot-high fence with locked gate set back no less than 10
feet from the base of the WECS.
|
|
B
|
=
|
Fall Zone Setback: A minimum of the overall engineer-designed
fall zone plus 10 feet. This setback does not apply to any residential
or commercial structure that is owned by the applicant.
|
|
C
|
=
|
Standard Structure Setback.
|
 | ||
[Added 3-6-2008]
A.
Purpose and intent. The purpose of this bylaw is to encourage development of new housing that is affordable to households up to moderate income as defined by U.S. Department of Housing and Urban Development At a minimum, affordable housing produced through this regulation should be in compliance with the requirements set forth in MGL c. 40B § 20 through § 24. It is intended that the affordable housing units that result from this bylaw be considered as "Local Action Units," in compliance with the requirements for the same as specified by the Department of Housing and Community Development (DHCD) and the most recent update of its Local Initiative Program Guidelines. Definitions for "affordable housing unit" and "eligible household" can be found in Subsection C, Definitions.
B.
Applicability. In the Residential-Agricultural-1 (R-A-1), Residential-Agricultural-2
(R-A-2), and Residential-Agricultural-5 (R-A-5) Zoning Districts,
the inclusionary zoning provisions of this section shall apply to
the following uses:
(1)
Any project that results in a net increase of seven or more dwelling
units, whether by new construction or by the alteration, expansion,
reconstruction, or change of existing residential or nonresidential
space; and
(2)
Any subdivision of land for development of seven or more dwelling
units. This also includes lots that could potentially be developed
in the future. Therefore, applicants must also show a long-term phasing
plan; and
(3)
Any life-care facility development that includes seven or more assisted-living
units and accompanying services.
C.
AFFORDABLE HOUSING UNIT
ELIGIBLE HOUSEHOLD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A decent, safe and sanitary housing unit created through
the Local Initiative Program or other state or federal housing production
programs which is restricted to occupancy by households of low or
moderate income.
An individual or family with household incomes that do not
exceed 80% of the median income, with adjustments for household size,
as reported by the United States Department of Housing and Urban Development
(HUD) and the commonwealth's Local Initiative Program.
D.
Special permit. The development of any project set forth in Subsection B (above) shall require the grant of a special permit from the Planning Board or other designated special permit granting authority (SPGA).
E.
Mandatory provision of affordable units.
(1)
As a condition of approval for a special permit, the applicant shall
contribute to the local stock of affordable units in accordance with
the following requirements:
(a)
At least 10% of the units in a division of land or multiple-unit
development subject to this bylaw shall be established as affordable
housing units in any one or combination of methods provided for below:
(b)
An applicant may offer donations of land in fee simple to the Town, subject to acceptance by the Town, or eligible nonprofit affordable housing developer subject to the approval of the SPGA, on- or off-site, that the SPGA in its sole discretion determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. The SPGA may require that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. On-site land donated to the Town or eligible nonprofit affordable housing developer shall scatter the donated parcels throughout the development so that the land on which affordable housing units are to be constructed are not clustered in any one part of the development. The applicant must coordinate the development of affordable housing units to be constructed by a third party (such as an eligible nonprofit affordable housing developer) so that the affordable housing units will be constructed in accordance with Subsection F(3).
F.
Provisions applicable to affordable housing units on- and off-site.
(1)
Siting of affordable units. All affordable units constructed or rehabilitated
under this bylaw shall be situated within the development so as not
to be in less desirable locations than market-rate units in the development
and shall, on average, be no less accessible to public amenities,
such as open space, as the market-rate units.
(2)
Minimum design and construction standards for affordable units. Affordable
housing units shall be integrated with the rest of the development
and shall be compatible in design, appearance, construction, and quality
of materials with other units. Interior features and mechanical systems
of affordable units shall conform to the same specifications as apply
to market-rate units.
(3)
Timing of construction or provision of affordable units or lots.
Where feasible, affordable housing units shall be provided coincident
to the development of market-rate units, but in no event shall the
development of affordable units be delayed beyond the schedule noted
below:
|
Market-Rate
(% Complete)
|
Affordable Housing Unit
(% Required)
|
|---|---|
|
< 30%
|
—
|
|
30% plus 1 unit
|
10%
|
|
Up to 50%
|
30%
|
|
Up to 75%
|
50%
|
|
75% plus 1 unit
|
70%
|
|
Up to 90%
|
100%
|
G.
Provision of affordable housing units off-site. As an alternative to the requirements of Subsection F, an applicant subject to the bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Subsection E off-site, as long as the applicant meets the minimum percent of affordable housing units in accordance with Subsection E of this bylaw. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process.
H.
No building permits may be issued until:
(1)
The
owner of the site has executed and recorded a regulatory agreement
with the Town, consistent with the requirements of 760 CMR 54.00,
in a form approved by the SPGA and Town Counsel;
(2)
The
Local Action Units have received state approval under 760 CMR 54.00
for inclusion in the Subsidized Housing Inventory for the Town; and
(3)
The
use restriction required under 760 CMR 54.00 has been recorded.
I.
Conflict with other bylaws. The provisions of this bylaw shall be
considered supplemental of existing zoning bylaws. To the extent that
a conflict exists between this bylaw and others, the more restrictive
bylaw, or provisions therein, shall apply.
J.
Severability. If any provision of this bylaw is held invalid by a
court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Town's Zoning Bylaw.
[Added 3-6-2008]
A.
Purpose and intent.
(1)
The primary purposes for this bylaw are the following:
(a)
To allow for greater flexibility and creativity in the design
of residential developments;
(b)
To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, other natural resources, including
aquifers, water bodies and wetlands, and historical and archaeological
resources;
(c)
To encourage a less sprawling and more efficient form of development
that consumes less open land and conforms to existing topography and
natural features;
(d)
To minimize the total amount of disturbance on the site;
(e)
To further the goals and policies of the Town of Templeton Comprehensive
Plan and Open Space and Recreation Plan and other local and regional
plans as may be applicable;
(f)
To facilitate the construction and maintenance of housing, streets,
utilities, and public services in a more economical and efficient
manner.
B.
BASIC MAXIMUM NUMBER
HARD STORMWATER MANAGEMENT TECHNIQUES
MAJOR RESIDENTIAL DEVELOPMENT
SOFT STORMWATER MANAGEMENT TECHNIQUES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The number of units that would be allowed on a site using
the standard Zoning Bylaw provisions and/or Subdivision Rules and
Regulations[1] as determined by a yield plan.
Structural stormwater management techniques including, but
not limited to, catch basins, subsurface piping, stormwater inlets,
and subsurface leaching facilities. These techniques generally require
heavy infrastructure and often result in significant alteration of
the site hydrology.
Any new open space residential development that will create
more than four residential lots. This also includes lots of more than
four residential lots that could potentially be developed in the future.
Therefore, applicants must also show a phasing plan if lots of four
or more are held in common ownership.
Nonstructural stormwater management techniques that use passive
surface pre-treatment of stormwater in conjunction with decentralized
recharge to achieve a low-impact design that attempts to mimic pre-development
hydrologic conditions to the greatest practicable extent.
C.
Applicability.
(1)
Any major residential development may be permitted by issuance of
a special permit from the Planning Board for either conventional development
or open space residential development (OSRD) in accordance with this
bylaw. Applicants for a major residential development shall submit
both a conventional plan and an OSRD plan in accordance with the applicable
provisions of this bylaw.
(2)
Developments of four lots or smaller may also apply for an OSRD special
permit subject to the following criteria:
(a)
Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. The Planning Board may determine that two or more parcels separated by a road or other man-made feature are "contiguous" for the purpose of this section if they will serve as a singular resource and effectively satisfy the purpose and intent of this bylaw as listed in Subsection A.
(b)
Land division. To be eligible for consideration as an OSRD,
the tract may be a subdivision or a division of land pursuant to MGL
c. 41, § 81P; provided, however, an OSRD may also be permitted
when the property is held in condominium, cooperative ownership or
other form where the property is not subdivided.
D.
Pre-application.
(1)
Conference. The applicant is required to request a pre-application
review at a regular business meeting of the Planning Board. The Planning
Board may conduct a pre-application review, if deemed necessary by
the Planning Board. The Planning Board may invite local officials
and/or representatives of local boards, commissions and committees
as deemed appropriate by the Planning Board. The Planning Board may
engage technical experts to review the informal plans of the applicant
and to facilitate submittal of a formal application for a conventional
or OSRD special permit at the expense of the applicant.
(2)
Submittals. Applicants shall submit the following information:
(a)
Site context map. This map shall illustrate the parcel in connection
to its surrounding neighborhood. Based upon existing data sources
and field inspections, it shall show various kinds of major natural
resource areas or features such as, but not limited to, lakes, brooks,
and streams that cross parcel lines or that are located on adjoining
lands. This map enables the Planning Board to understand the site
in relation to what is occurring on adjacent properties.
(b)
Existing conditions/site analysis map. This map familiarizes
officials with existing conditions on the property. Based upon existing
data sources and field inspections, this base map shall locate and
describe noteworthy resources that could be protected through sensitive
subdivision layouts. These resources shall include wetlands, riverfront
areas, floodplains and steep slopes, but may also include mature,
nondegraded woodlands, hedgerows, farmland, unique or special wildlife
habitats, historic or cultural features (such as old structures or
stone walls), unusual geologic formations and scenic views into and
out from the property. Where appropriate, photographs of these resources
should accompany the map. By overlaying this plan onto a development
plan, the parties involved can clearly see where conservation priorities
and desired development overlap/conflict.
(3)
Site visit. The Planning Board and/or its agents may conduct one
or more site visit(s) during the review of the proposed open space
residential design plan. The Planning Board may invite local officials
and/or representatives of local boards, commissions and committees
as deemed appropriate by the Planning Board.
E.
Major residential development/OSRD application for special permit.
The Planning Board, acting as the special permit granting authority
(SPGA), may authorize a conventional development special permit or
an OSRD special permit pursuant to the procedures outlined below and
in accordance with the Town of Templeton Subdivision Rules and Regulations.[2] However, anything within the Templeton Subdivision Rules
and Regulations can be waived at the discretion of the Planning Board
during the OSRD special permit process.
(1)
Application. An application for the special permit shall be submitted on the form(s) provided by the Planning Board in the Templeton Subdivision Rules and Regulations, as may be amended. Applicants for OSRD shall also file with the Planning Board eight copies of the concept plan. The concept plan shall include a yield plan and a sketch plan [see Subsection E(1)(a) and (b) of this section], and shall be consistent with the Town of Templeton Subdivision Rules and Regulations. The applicant shall also submit both the site context map and existing conditions/site analysis map prepared according to Subsection D(2) above. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps.
(a)
Yield plan. The basic maximum number of allowable units shall
be derived from a yield plan. The yield plan shall show a conventional
development conforming to the applicable Zoning Bylaw provisions and
Subdivision Rules and Regulations to show the maximum number of lots
(or dwelling units) that could be placed upon the site under a conventional
approach. The proponent shall have the burden of proof with regard
to the basic maximum number of lots resulting from the design and
engineering specifications shown on the yield plan. The yield plan
shall contain, at a minimum, the following information:
[1]
Parcel boundaries, north point, date, legend, title "Yield Plan,"
and scale.
[2]
The name and address of the record owner or owners, the applicant,
and the design engineer and/or land surveyor that prepared the plan.
[3]
The names, approximate location, and widths of adjacent streets.
[4]
Existing topography at two-foot contour intervals.
[5]
Map of soils using NRCS soils mapping.
[6]
All on-site local, state, and federal regulatory resource boundaries
and buffer zones shall be clearly identified, and all wetland flag
locations shall be numbered and placed upon the yield plan.
[7]
Lot lines with approximate areas and frontage dimensions, or
unit placements and proposed common areas.
[8]
Location and extent of parking, landscaping, stormwater management,
water supply and wastewater management service areas that would be
required to accommodate the use.
[9]
If available, the location and results of any test pit investigations
for soil profiles, percolation rates and determination of seasonal
high groundwater levels.
(b)
Sketch plan. The sketch plan, which details the open space residential development design, shall address the general features of the land, and give approximate configurations of the proposed lots, of unit placements if treated as a condominium, of open space, and roadways. The sketch plan shall incorporate the four-step design process, according to Subsection F below, and the design standards, according to Subsection G below, when determining a proposed design for the development. In addition to those requirements for a yield plan listed in Subsection E(1)(a), a sketch plan shall contain the following information:
[1]
The proposed topography of the land shown at a contour interval
no greater than two feet. Elevations shall be referred to mean sea
level.
[2]
The location of existing landscape features, including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archaeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major land views, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to Subsection F(1). Proposals for all site features to be preserved, demolished, or altered shall be noted on the sketch plan.
[3]
The existing and proposed lines of streets, ways, easements
and any parcel of land intended to be dedicated for public use or
to be reserved by deed covenant for use of all property owners in
the subdivision, or unit development, or parcels of land or lots to
be used for any purpose other than private residential shall be so
designated within the subdivision in a general manner. Common driveways
shall not be allowed.
[4]
Proposed roadway grades.
[5]
Official soil percolation tests for the purpose of siting wastewater
treatment options shall be required as determined by the Board of
Health. However, a narrative explanation shall be prepared by a Massachusetts
certified professional engineer detailing the proposed wastewater
systems that will be utilized by the development and its likely impacts
on-site and to any abutting parcels of land. For example, the narrative
will specify whether individual on-site or off-site systems, shared
systems, alternative to Title V systems, or any combination of these
or other methods will be utilized.
[6]
A narrative explanation prepared by a Massachusetts certified
professional engineer proposing systems for stormwater drainage and
likely impacts on site and to any abutting parcels of land. For example,
the narrative will specify whether soft or hard stormwater management
techniques will be used and the number of any detention/retention
basins or infiltrating catch basins; it is not intended to include
specific pipe sizes. Any information needed to justify this proposal
should be included in the narrative. The approximate location of any
stormwater management detention/retention basins shall be shown on
the plan and accompanied by a conceptual landscaping plan.
[7]
A narrative explanation prepared by a Massachusetts certified
professional engineer, detailing the proposed drinking water supply
system.
[8]
A narrative explanation of the proposed quality, quantity, use
and ownership of the open space. Open space parcels shall be clearly
shown on the plan.
[9]
All proposed landscaped and buffer areas shall be noted on the
plan and generally explained in a narrative.
[10]
A list of all legal documents necessary for implementation
of the proposed development, including any conservation restrictions,
land transfers, and master deeds, condominium or cooperative documents,
with an accompanying narrative explaining their general purpose.
[11]
A narrative indicating all requested waivers,
reductions, and/or modifications as permitted within the requirements
of this bylaw.
(2)
Procedures. Whenever an application for a conventional/OSRD special
permit is filed with the Planning Board, the applicant shall also
file, within five working days of the filing of the completed application,
copies of the application, accompanying development plan(s), and other
documentation, to the Board of Health, Conservation Commission, Historical
Commission, Building Inspector, Highway Department, Police Chief,
Fire Chief, and Town Engineer for their consideration, review, and
report. The applicant shall furnish the copies necessary to fulfill
this requirement. Reports from other boards and officials shall be
submitted to the Planning Board within 35 days of receipt of the reviewing
party of all of the required materials; failure of these reviewing
parties to make recommendations after having received copies of all
such required materials shall be deemed a lack of opposition thereto.
In the event that the public hearing by the Planning Board is held
prior to the expiration of the thirty-five-day period, the Planning
Board shall continue the public hearing to permit the formal submission
of reports and recommendations within that thirty-five-day period.
(3)
Site visit. Whether or not conducted during the pre-application stage,
the Planning Board and/or its agent shall conduct a site visit during
the public hearing. At the site visit, the Planning Board and/or its
agents shall be accompanied by the applicant and/or its agents.
(4)
Other information. The submittals and permits of this section shall
be in addition to any other requirements of the Subdivision Control
Law[3] or any other provisions of this Zoning Bylaw. To the extent
permitted by law, the Planning Board shall coordinate the public hearing
required for any application for a special permit for conventional
or OSRD special permit with the public hearing required for approval
of a definitive subdivision plan.
[3]
Editor's Note: See MGL c. 41, § 81K through § 81GG.
F.
Design process. At the time of the application for the special permit, in conformance with Subsection E(1), applicants are required to demonstrate to the Planning Board that the following design process was performed by a multidisciplinary team of which one member must be a certified landscape architect and considered in determining the layout of proposed streets, house lots, unit placement if treated as a condominium, and designation of all common areas and open space.
(1)
Identifying conservation areas. Identify preservation land by two
steps. First, primary conservation areas (such as wetlands, riverfront
areas, and floodplains regulated by state or federal law) and secondary
conservation areas (including unprotected elements of the natural
landscape such as steep slopes, mature woodlands, prime farmland,
meadows, wildlife habitats and cultural features such as historic
and archaeological sites and scenic views) shall be identified and
delineated. Second, the potentially developable area shall consist
of land outside identified primary and secondary conservation areas.
(2)
Locating house sites. Locate the approximate sites of individual
houses within the potentially developable area and include the delineation
of private yards and shared amenities, so as to reflect an integrated
community.
(3)
Aligning the streets and the walking and bicycle trails. Align streets
in order to access the house lots or units. Additionally, new trails
should be laid out to create internal and external connections to
existing and/or potential future streets, sidewalks, and trails. Additionally,
new trails should be laid out to create internal and external connections
to existing and/or potential future streets, sidewalks, and trails.
(4)
(Reserved)
(5)
Lot lines. Draw in the lot lines using assumed lot lines if the ownership
is in condominium, cooperative or other similar form of common ownership.
G.
Design standards. Applicants shall refer and adhere to the Templeton
Subdivision Rules and Regulations, as amended.[4] In addition, the following generic and site specific design
standards shall apply to all sketch plans for OSRDs and shall govern
the development and design process:
(1)
Generic design standards.
(a)
The landscape shall be preserved in its natural state, insofar
as practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, surface water buffers, and natural drainageways shall
be treated as fixed determinants of road and lot configuration rather
than as malleable elements that can be changed to follow a preferred
development scheme.
(b)
Streets shall be designed and located in such a manner as to
maintain and preserve natural topography, significant landmarks, and
trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel.
(c)
Mixed-use development shall be related harmoniously to the terrain
and the use, scale, and architecture of existing buildings in the
vicinity that have functional or visual relationship to the proposed
buildings.
(d)
All open space (landscaped and usable) shall be designed to
add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties.
(e)
The removal or disruption of historic, traditional or significant
uses, structures, or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
(2)
Site-specific design standards.
(a)
Mix of housing types. The OSRD may consist of any combination of single-family and two-family structures and multifamily residences containing greater than two dwelling units per structure upon the grant of a special permit by the Board of Appeals in accordance with Article VII, Supplemental Regulations.[5]
(b)
Parking. Each dwelling unit for single- or two-family homes
shall be served by two off-street parking spaces. Parking spaces in
front of garages may count in this computation. For dwelling units
with fewer than two bedrooms in structures containing four or more
units, the applicant shall provide two parking spaces per unit for
residents' parking and 1.5 for visitors' parking that shall be marked
as such. For dwelling units with two or more bedrooms in structures
containing four or more units, the applicant shall provide three parking
spaces per unit, the third of which may be used for visitors' parking.
Calculations for parking spaces in these developments shall be rounded
up to the nearest integer where necessary. The Planning Board may
choose to modify these requirements during the review process in response
to conditions specific to an individual proposal.
(c)
Drainage. The Planning Board may consider the use of soft stormwater
management techniques and other low-impact development techniques
that reduce impervious surface and enable infiltration where appropriate.
(d)
Screening and landscaping. All structural surface stormwater
management facilities shall be accompanied by a conceptual landscape
plan.
(e)
On-site pedestrian and bicycle circulation. Walkways, trails
and bicycle paths shall be provided to link residences with recreation
facilities (including parkland and open space) and adjacent land uses
where appropriate.
(f)
Disturbed areas. Every effort shall be made to minimize the
area of disturbed areas on the tract. A disturbed area is any land
not left in its natural vegetated state.
H.
Open space requirements.
(1)
Generic design standards. A minimum of 50% of the parcel(s) shown
on the development plan shall be set aside as protected open space.
Any proposed open space, unless conveyed to the Town or its Conservation
Commission or Cemetery and Parks Department or appropriate nonprofit
organization such as a land trust, shall be subject to a recorded
restriction enforceable by the Town through a conservation restriction,
provided that such land shall be perpetually kept in an open state,
that it shall be preserved exclusively for the purposes set forth
herein, and that it shall be maintained in a manner which will ensure
its suitability for its intended purposes. The Planning Board may
develop model documents for the applicant's use.
(a)
The percentage of the open space which is wetlands shall not
normally exceed 50%. The percentage of the parcel(s) which is wetlands
that the applicant may include a greater percentage of wetlands in
such open space upon a demonstration that such inclusion promotes
the purposes set forth in this section. For purposes of this section,
"wetlands" shall mean all areas defined as "freshwater wetlands" in
the Wetlands Protection Act, MGL c. 131, § 40.
(b)
The open space shall be contiguous to other open space. "Contiguous"
shall be defined as being connected and open space shall not include
residential uses. Open space will be considered connected if it is
separated by a roadway or an accessory amenity. The Planning Board
may allow noncontiguous open space where such noncontiguous open space
will promote the purposes of this bylaw and/or protect important conservation
resources.
(c)
The open space shall be arranged to protect valuable natural
and cultural elements, including water bodies, streams, wetland buffers,
unfragmented forest, wildlife habitat, open fields, scenic views,
trails, stone walls, archeological sites and to avoid development
in hazardous areas such as floodplains and steep slopes.
(d)
The open space shall be used for conservation, historic preservation
and education, outdoor education, recreation, park purposes, agriculture,
horticulture, forestry, or for a combination of these uses, and shall
be served by accessible and suitable public access for such purposes.
(e)
The open space shall remain unbuilt upon, except that the Planning
Board may permit up to 20% of the open space to be paved with permeable
material, or built upon for structures accessory to the dedicated
use or uses of the open space, such as pedestrian walks and bike paths.
(f)
Underground utilities. Subject to the approval of the Planning
Board, underground utilities to serve the OSRD site may be located
within the open space.
(g)
Wastewater facilities. Subject to the approval of the Board
of Health, as otherwise required by law, the Planning Board may permit
a portion of the open space to be used for components of sewage disposal
systems serving the development, where the Planning Board finds that
such use will not be detrimental to the character, quality of use
of the open space, wetlands or water bodies, and enhances the site
plan. The Planning Board shall require adequate legal safeguards and
covenants that such facilities shall be adequately maintained by the
lot owners within the development.
(h)
Stormwater management systems. Subject to the approval of the
Planning Board, stormwater management systems may be located within
the required open space. Surface systems, such as retention and detention
ponds, shall not qualify towards the minimum open space required.
(2)
Ownership of the open space. The open space shall, at the Planning
Board's election, be conveyed to either:
(a)
The Town of Templeton or its Conservation Commission or Cemetery
and Parks Department;
(b)
A nonprofit organization, the principal purpose of which is
the conservation of open space and any of the purposes for such open
space set forth above such as a land trust; or
(c)
A corporation or trust owned jointly or in common by the owners
of lots within the OSRD. If such corporation or trust is utilized,
ownership thereof shall pass with conveyance of the lots in perpetuity.
Maintenance of such open space and facilities shall be permanently
guaranteed by such corporation or trust, which shall provide for mandatory
assessments for maintenance expenses to each lot. Each such trust
or corporation shall be deemed to have assented to allow the Town
of Templeton to perform maintenance of such open space and facilities,
if the trust or corporation fails to provide adequate maintenance,
and shall grant the Town of Templeton an easement for this purpose.
In such event, the Town of Templeton shall first provide 14 days'
written notice to the trust or corporation as to the inadequate maintenance,
and, if the trust or corporation fails to complete such maintenance,
the Town of Templeton may perform it. Each individual deed, and the
deed or trust or Articles of Incorporation, shall include provisions
designed to effect these provisions. Documents creating such trust
or corporation shall be submitted with the special permit application
to the Planning Board for approval, reviewed by Town Counsel, and
shall thereafter be recorded. The developer shall include in the deed
to such owner beneficial rights in the open space, and shall grant
a perpetual open space restriction to the Town to insure that it will
remain in an open state and not be used for residential purposes or
accessory uses. Such restriction shall be in the form and substance
prescribed by the SPGA, and may contain such additional restrictions
on the use of the open space as the SPGA deems appropriate.
(3)
Buffer areas.
(a)
A buffer area equal to the minimum backyard setback required
for the zoning district shall be provided at the perimeter of the
OSRD parcel where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
OSRD parcel. No vegetation in this buffer area will be disturbed,
destroyed or removed, except for normal maintenance. The Planning
Board may waive the buffer requirement:
[1]
Where the land abutting the OSRD parcel is the subject of a permanent
restriction for conservation or recreation so long as a buffer is
established of at least 50 feet in depth, which may include such restricted
land area within such buffer area calculation; or
[2]
Where the land abutting the OSRD parcel is held by the Town for conservation
or recreation purposes; or
[3]
The Planning Board determines that a smaller buffer, or no buffer,
will suffice to accomplish the objectives set forth herein (e.g.,
if integration with neighborhood is better achieved without buffer).
(b)
No person may encroach or cause another person to encroach on
open space land or on any land for which a public body, a nonprofit
land conservation organization, or homeowners' association holds a
conservation easement interest, without the permission of the owner
of such open space land or holder of such conservation easement or
without other legal authorization.
(4)
Encumbrances. All areas set aside as open space shall be conveyed
free of any mortgage interest, security interest, liens or other encumbrances.
I.
Reduction of dimensional requirements. Applicants may propose to
modify lot size, unit placement, shape, and other dimensional requirements
for lots within an OSRD, subject to the following limitations:
(1)
Frontage. Lots having reduced area or frontage shall not have frontage
on a street other than a street created by the OSRD; provided, however,
that the Planning Board may waive this requirement where it is determined
that such reduced lot(s) will further the goals of this bylaw. The
minimum frontage may be reduced from the frontage otherwise required
in the zoning district; provided, however, that no lot shall have
less than 50 feet of frontage.
(2)
Setbacks. Every dwelling fronting on the proposed roadways shall
be set back a minimum of 30 feet from the roadway right-of-way, and
15 feet from any rear or side lot line. In no event shall structures
be closer than 30 feet to each other. Where structures containing
three to four dwelling units are being proposed, the side lot lines
between units may be 15 feet; however, the distance between structures
shall be a minimum of 30 feet.
J.
Increases in permissible density. Increases in density are not permissible
and not waiverable.
K.
Decision of the Planning Board.
(1)
Criteria for approval. The Planning Board will review all data and
hold a public hearing in accordance with MGL c. 40A, § 9.
The Planning Board may grant a special permit for an OSRD, with or
without conditions, if it determines that the proposed OSRD has less
detrimental impact on the tract than a conventional subdivision of
the property and finding that the following eight factors are present:
(a)
That the OSRD achieves greater flexibility and creativity in
the design of residential or unit developments than a conventional
plan;
(b)
That the OSRD promotes permanent preservation of open space,
agricultural land, forestry land, other natural resources, including
water bodies and wetlands, and historical and archaeological resources;
(c)
That the OSRD promotes a less sprawling and more efficient form
of development that consumes less open land and conforms to existing
topography and natural features better than a conventional subdivision;
(d)
That the OSRD reduces the total amount of disturbance on the
site;
(e)
That the OSRD furthers the goals and policies of existing community
planning documents, including, but not limited to, the Town's Local
Comprehensive Plan, Open Space and Recreation Plan, Planned Production
Strategy for Affordable Housing and EO418 Community Development Plan;
(f)
That the OSRD facilitates the construction and maintenance of
streets, utilities, and public services in a more economical and efficient
manner;
(g)
That the concept plan and its supporting narrative documentation
comply with all sections of this Zoning Bylaw;
(h)
That the proposed design does not create undo risk to public
health, safety and welfare.
(2)
Relationship between concept plan and definitive subdivision plan.
Any special permit for a major residential development or any special
permit for OSRD that is granted a special permit and shows a subdivision
must be followed by the submittal of a definitive subdivision plan
in accordance with the Subdivision Rules and Regulations of the Town.[6] The OSRD special permit shall be reconsidered if there
is substantial variation between the definitive subdivision plan and
the concept plan. If the Planning Board finds that a substantial variation
exists, it shall hold a public hearing on the modifications to the
concept plan. A substantial variation shall be any of the following:
(a)
An increase in the number of building lots and/or units;
(b)
A significant decrease in the open space acreage;
(c)
A significant change in the lot layout or unit placement;
(d)
A significant change in the general development pattern which
adversely affects natural landscape features and open space preservation;
(e)
Significant changes to the stormwater management facilities;
and/or
(f)
Significant changes in the wastewater management systems.
L.
Severability. If any provision of this bylaw is held invalid by a
court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Town's Zoning Bylaw.
[Added 5-17-2010]
In Residential Districts R-A-1 and R-A-2.
A.
Purpose and intent. This section of the Zoning Bylaw is established
in order to encourage the development and maintenance of attractive
and filling sites for manufactured homes, so called; to protect and
foster the health, safety, and welfare of the residents of manufactured
home developments, and, in general, preservation of the environment
and appearance of the areas within which such parks are established
and maintained. It is the intent of the Town that manufactured home
parks serve the needs of the elderly and retired population of moderate
means, who no longer need or can maintain a larger home. In order
to provide a quiet, safe, and convenient environment for the elderly
residents of manufactured home parks, the special permit granting
authority shall, as a condition of a special permit, provide for occupancy
of manufactured home parks by persons 55 years of age and older and
by members of their families. All manufactured home parks granted
a special permit may be required to be licensed by the Board of Health
as provided by MGL c. 140, § 32B.
B.
Special permit granting authority. Special permit granting authority
(SPGA) shall be solely the responsibility of the Planning Board.
C.
Special conditions.
(1)
Except as otherwise provided herein, or in a particular special permit,
the design and construction of a manufactured home park shall be in
general conformity with the Rules and Regulations of the Templeton
Planning Board under the Subdivision Control Law,[1] so far as the SPGA shall deem appropriate and applicable,
but dimensional and use regulations of the Zoning Bylaw shall not
apply, except as specified herein. However, waivers maybe granted
from the Rules and Regulations as deemed appropriate.
(2)
No home occupations, commercial, or other nonresidential uses shall
be permitted as either principal or accessory uses in manufactured
home parks, except for service or recreation facilities for the residents
thereof.
D.
Area. No manufactured home park shall be less than 20 acres in area,
including the roads and the area provided for recreation, service,
and other permanent installations.
E.
Utilities. All manufactured home parks shall require public water
systems.
(1)
Where an existing public sewer or water service is to be utilized,
the applicant shall present such evidence as will show that such utilization
is acceptable to the applicable departments for the Town of Templeton.
(2)
When a sewage system is proposed, the applicant shall present such
evidence as will show that his waste treatment system is approved
by the appropriate department of the Town.
F.
Density of use.
(1)
There shall be no more than eight manufactured home units with accessories
per acre; however, no more than 30% of the gross land mass shall be
developed for a manufactured home park. Said 70% land mass shall be
designated as open space and reserved for recreational purposes.
(2)
Manufactured homes shall not be located closer than 10 feet to the
nearest manufactured home and 20 feet to park streets.
(3)
Each manufactured home shall be located with at least a forty-foot
setback from any park property boundary abutting a public street or
highway or adjacent property.
G.
Parking. At least two off street parking spaces shall be provided
for each manufactured home.
H.
Street and services.
(1)
The street system shall conform to construction standards set forth
in the rules and regulations relative to the construction and paving
of streets in subdivisions in the Town of Templeton, and shall have
direct connection to a public street or highway sufficient to satisfy
requirements for the Highway Department, the Chief of the Fire Department
and the rules and regulations of the Planning Board. The maintenance
of these streets shall be the responsibility of the manufactured home
park owner.
(2)
There shall be provided central facilities for recreation, open space
and services, which shall be available to all manufactured home park
residents.
I.
Units for sale. Manufactured homes shall not be stored or displayed
on park premises except when mounted on a pad on a lot. New manufactured
homes displayed for sale by the park owner or operator must be sold
for use within that park. Used manufactured homes offered for sale
by individual manufactured home owners must be displayed on a pad
on a lot within that park, but may be sold either with intent to use
within that park to an individual, the park owner or operator, or
for use outside that park. The park owner or operator may also display
those units on a pad on a lot for resale within that park premises.
Nothing in this section shall be construed as permitting the storage
of unoccupied units in any park, for sale in the ordinary course of
business, or as inventory, or the sale of such units except in those
districts, as determined by the Zoning Bylaw, wherein such commercial
activity is permissible with or without permits from the proper authority.
[Amended 5-23-2012]
A.
Purpose and applicability.
(1)
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.
(2)
The provisions set forth in this section shall apply to the construction,
operation, and/or repair of large-scale ground-mounted solar photovoltaic
installations.
(3)
This section applies to large-scale ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this section. This section also pertains to physical modifications
that materially alter the type, configuration, or size of these installations
or related equipment.
B.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
SOLAR PHOTOVOLTAIC ARRAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 50 kW DC.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
An arrangement of solar photovoltaic panels.
C.
Use standards. Large-scale ground-mounted solar photovoltaic installations
are hereby allowed by right in the following districts: Commercial-Industrial-A,
Commercial-Industrial-B, and Highway Business; and allowed by special
permit in the following districts: Village, Residential (R-A-1, R-A-2,
R-A-5) Districts, and the Airport District.
D.
General standards.
(1)
Permit granting authority. It is hereby established under this bylaw
that the Planning Board will be the permit granting authority under
this section.
(2)
Site plan and special permit requirements. Ground-mounted large-scale
solar photovoltaic installations with 250 kW or larger of rated nameplate
capacity shall undergo either site plan review or special permit review
process contingent on the location of the proposed project prior to
construction, installation or modification as provided in this section.
(a)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
(b)
Required documents. Pursuant to the site plan review process,
the project proponent shall provide the following documents:
[1]
A site plan showing:
[a]
Property lines and physical features, including
roads, for the project site;
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[c]
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;
[d]
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;
[e]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed
system installer;
[g]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[h]
The name, contact information and signature of
any agents representing the project proponent; and
[2]
Documentation of actual or prospective access and control of
the project site;
[4]
Zoning district designation for the parcel(s) of land comprising
the project site [Submission of a copy of a Zoning Map with the parcel(s)
identified is suitable for this purpose.];
[5]
Proof of liability insurance; and
(c)
Waiver. The Planning Board may waive documentary requirements
as it deems appropriate.
E.
Compliance with laws, bylaws 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.
F.
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until written evidence has been
given to the Planning Board that Templeton Light and Water has been
informed of the solar photovoltaic installation owner or operator's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
G.
Building permit. No large-scale solar photovoltaic installation shall
be constructed, installed or modified as provided in this section
without first obtaining a building permit.
H.
Fees.
(1)
At the time of an application submittal an administration fee will
be required. (See the Planning Board Fee Schedule for the amount required.)
(2)
A review fee will be determined by the Planning Board before the
public hearing by acquiring an estimate from the peer review engineer
appointed by the Planning Board to review the project.
I.
Design standards.
(1)
Dimension and density requirements.
(a)
Setbacks. For large-scale ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
[1]
Front yard. The front yard depth shall be at least 30 feet;
provided, however, that where the lot abuts a Conservation-Recreation
or Residential District, the front yard shall not be less than 50
feet.
[2]
Side yard. Each side yard shall have a depth at least 15 feet;
provided, however, that where the lot abuts a Conservation-Recreation
or Residential District, the side yard shall not be less than 50 feet.
[3]
Rear yard. The rear yard depth shall be at least 30 feet; provided,
however, that where the lot abuts a Conservation-Recreation or Residential
District, the rear yard shall not be less than 50 feet.
(2)
Lighting. Lighting of solar photovoltaic installations shall be consistent
with any 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.
(3)
Signage. 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.
(4)
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the solar
photovoltaic installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
J.
Safety, emergency services and environmental standards.
(1)
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.
(2)
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. Any land disturbance, including earth removal or moving, and land clearing greater than one acre of land will be subject to Chapter 235, Stormwater Management, of the Town bylaws.
K.
Accessory buildings. All appurtenant structures to large-scale ground-mounted
solar photovoltaic installations shall be subject to reasonable regulations
concerning the bulk and height of structures, lot area, setbacks,
open space, parking and building coverage requirements. All such appurtenant
structures, including, but not limited to, equipment shelters, storage
facilities, transformers, and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should
be shaded from view by vegetation and/or joined or clustered to avoid
adverse visual impacts.
L.
Operation and maintenance plans.
(1)
The project proponent shall submit a plan for the operation and maintenance
of the installation, which shall include measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
(2)
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 local Fire Chief and Emergency Medical
Services. 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.
M.
(Reserved)
N.
Modifications.
(1)
All
material modifications to a solar energy collection system installation
made after approval of the site plan shall require a modification
of the approval.
(2)
The
Planning Board shall review each site plan at intervals of not less
than five years and may, after public notice and hearing, modify the
approved plan to ensure the public safety and compliance with the
Town bylaws and regulations.
O.
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. The Municipal Light and Water Plant shall have the right of
first refusal as to whether it will choose to assume responsibly for
the solar operation. If the Municipal Light and Water Plant chooses
to forego the operation and 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.
P.
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall provide a form of surety either through
the Planning Board or Templeton Municipal Light and Water Plant before
construction. If setting up a surety with the Planning Board, the
form of surety must be either through escrow account, bond or otherwise,
to cover the cost of removal in the event the Town must remove the
installation and remediate the landscape, in an amount and form determined
to be reasonable by the Planning Board, 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 state-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.
Q.
Severability. If any section or provision of this bylaw is found
by a court of competent jurisdiction to be invalid, such invalidity
shall not affect the validity of any other section or provision of
this bylaw.
