[Amended 9-13-2023]
The Transportation Management Overlay District Plan known as
the "TMO-1 District Plan" or the "Hartwell Avenue Area Plan." required
by § 135-7.2.4 of the Zoning Bylaws was adopted by the Planning
Board on September 13, 2023. The following regulations implement the
plan.
10.2.1 Definitions.
MODE SHIFT
A shift from one mode of travel to another, i.e. vehicle
travel to transit, or pedestrian to bicycle.
SINGLE-OCCUPANCY VEHICLE (SOV)
A motorized four-wheeled vehicle of any type capable of accommodating
multiple occupants but which is carrying only one occupant.
TRANSPORTATION MANAGEMENT ASSOCIATION (TMA)
A membership based, public-private partnership of businesses,
institutions, residential developments, and municipalities that are
joined together under a legal agreement to provide and promote transportation
solutions for commuters that reduce traffic congestion, improve air
quality and increase access to economic opportunities.
10.2.2 Purpose. The purpose of the TMO-1 District is to reduce the mode
share of single-occupancy vehicle trips for commuters to be 10% less
than that found by the latest five-year American Community Survey.
The current SOV mode share goal is 82% but may change in 2024. Developments
electing to comply with the TMO-1 District Plan shall have the same
goal of reducing the number of single-occupancy vehicle trips to the
development.
10.2.3 Applicability. The provisions contained in the TMO-1 District Plan,
and these regulations, apply to developments located inside the TMO-1
District that elect to comply with the requirements of § 135-7.2
of the Zoning Bylaw and the specific requirements of the TMO-1 District
Plan, instead of the requirements outlined in §§ 135-5.1
and 135-5.5 of the Zoning Bylaw.
10.2.4 Site plan approval will not be given and building permits will not
be issued to projects that do not meet the provisions of the Zoning
Bylaw and these regulations. The Planning Board may waive provisions
of these regulations at a public meeting, consistent with § 176-3.4,
if the waiver would not derogate from the purpose of these regulations.
10.2.5 Transportation Mitigation Fee.
1. Calculation of payment. The transportation mitigation fee is the
sum of:
a. Two thousand dollars for each net new parking space built up to the
minimum parking required by § 10.2.6; and
b. Five thousand dollars for each net new parking space built beyond
the minimum parking required by § 176-10.2.6.
2. Timing of Payment. Twenty-five percent of the fee shall be paid before
the issuance of the building permit. Twenty-five percent of the fee
shall be paid before the issuance of a temporary certificate of occupancy.
The remainder of the fee must be received in full before the issuance
of an occupancy permit.
3. Projects in Lieu of Mitigation Fee. In rare circumstances, the Planning
Board may allow the construction of mitigating transportation-related
improvements in lieu of the mitigation fee.
10.2.6 Off-Street Parking and Loading Requirements.
1. Except as otherwise provided in this section, the parking and loading
standards in the TMO-1 District shall be calculated and applied per § 135-5.1
of the Zoning Bylaw for the underlying district.
2. The minimum number of parking spaces shall be 15% less than the ratios
required by § 135-5.1.4 for the underlying district. The
Planning Board may allow less than the minimum parking if it can be
demonstrated that the parking supply is adequate.
3. There is no maximum parking ratio although parking spaces built over
the minimum have a higher mitigation fee.
4. Required parking spaces may be held in reserve and not built or used.
If those parking spaces are later built and put into operation, additional
mitigation fees will apply and be due.
10.2.7 Parking and Transportation Demand Management Plans (PTDM Plans).
Developments located in the TMO-1 District that elect to comply with
the requirements of the TMO-1 District Plan shall create and carry
out a parking and transportation demand management (PTDM) plan as
detailed below. PTDM plans shall be submitted for review prior to
an application for a building permit, site plan review, or special
permit, whichever comes first. A final certificate of occupancy may
not be issued unless a complying PTDM plan has been submitted and
approved.
1. The PTDM plan type is determined by the scale of a proposed project,
including any construction in the previous three years:
a. A large project PTDM plan is required for developments that meet
or surpass the following thresholds:
i. Exterior construction or expansion of structures which results in
an increase of more than 30,000 square feet of total building net
floor area; or
ii.
The available parking on the site is increased by more than
30 parking spaces.
b. A small project PTDM plan is required for developments that meet
or surpass the following thresholds but do not require a large project
PTDM plan:
i. Exterior construction or expansion of structures which results in
an increase of more than 5,000 square feet of total building net floor
area; or
ii.
The available parking on the site is increased by more than
eight parking spaces.
2. If a PTDM plan already exists for the property, the existing PTDM
plan shall be reviewed and amended to comply with these regulations.
If the development is adding more than 50,000 square feet of gross
floor area, a new PTDM plan shall be submitted.
10.2.8 PTDM Plan Contents.
1. The PTDM plan shall be designed to minimize the amount of parking
demand associated with the project and reduce SOV trips in and around
the TMO-1 District. A compliant PTDM plan shall include:
c. Name and address of property owner and property manager.
d. Description of the nature of the development and property use.
e. Total number of existing and proposed parking spaces (broken down
by residential, employee, and visitor/guest spaces to the extent possible).
f. Proposed employee trip origin data (if known).
g. Proposed employee transportation mode data: passenger vehicle, public
bus, company shuttle, bicycle, walk (if known).
h. Proposed parking usage and count data (if known).
i. Net floor area and gross floor area of all buildings on the property.
j. Number of bike parking spaces.
k. Number of carpool spaces.
l. Number of electric vehicle plug-in spaces (EV) and EV-ready spaces.
m. Selected TDM measures and allocated points and descriptions of the
specific demand management techniques that will be used to achieve
a reduction in single occupancy vehicle use.
2. PTDM plans shall include PTDM measures chosen from the menu of PTDM
measures listed in these regulations or other measures chosen by the
applicant. For those measures not on the menu, the Planning Board
or its designee, at its discretion, shall determine if the proposed
measure can be used and its point value. The values in the menu are
meant to tip the scales to more effective and district-wide strategies.
PTDM plans in the TMO-1 District shall include measures with at least
the following number of points:
Minimum Requirement
|
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Small Project
|
Large Project
|
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10 points
|
25 points
|
3. TDM Measures for Mode Shift.
|
Measure
|
Points
|
Description
|
---|
1.
|
Join Transportation Management Association (TMA)
|
Required
|
Membership: alternative transportation mode promotion and coordination
|
2.
|
On-site transportation coordinator
|
Required
|
Provide staff to assemble and distribute information on rideshare,
transit, biking, coordinate carpools, administer TDM promotions and
collect data on commuting mode. Liaison with TMA
|
3.
|
Unbundle parking
|
5
|
Separate the cost of parking from the cost of renting, leasing
or ownership so that parking is paid for by the individual so that
individuals become aware of the cost.
|
4.
|
Parking cash-out
|
5 to 6
|
Tenants/employees who commute via non-SOV method at least 3
days a week are offered free parking are also offered the cash equivalent
to not use parking
|
5.
|
Bicycle parking
|
2
|
Provide secure bicycle parking at least 1.5 times the zoning
requirement. Bike racks shall be ring and post or inverted U-style.
|
6.
|
Showers and lockers
|
2
|
For nonresidential projects, provide on-site showers and lockers
to encourage commuting by active modes.
|
7.
|
Bike share membership
|
2
|
Provide bike share membership for all residents and employees
|
8.
|
Host public bike share vehicles on-site
|
2
|
Host a bike docking station or dockless bicycles on site
|
9.
|
Bicycle repair station or service
|
2
|
Provide on-site tools or repair service through an on-call mechanic
or vouchers to a local shop
|
10.
|
Fleet of bicycles/private bike share
|
2
|
Provide bikes for employees or tenants to use for daytime trips
|
11.
|
Bicycle equipment
|
1
|
Provide helmets and reflective vests for bicycle fleet riders
|
12.
|
Car share parking and membership
|
2
|
Provide car share parking and promote car share membership
|
13.
|
Subsidize MBTA passes
|
3 to 4
|
Subsidize passes by at least 50% to 100% for employees or tenants
that commute to work via MBTA or shuttle at least 3 days a week
|
14.
|
Offer pre-tax MBTA passes
|
1
|
|
15.
|
Join existing shared shuttle bus service
|
10
|
Join with others to provide shuttle service for residents and
employees on shuttle open to public
|
16.
|
Create shared shuttle bus service
|
10
|
Create and/or join with others to create shared shuttle bus
service for residents and employees on shuttle open to public
|
17.
|
Provide private shuttle bus service not shared with others
|
8
|
Provide private shuttle bus service for properties owned by
the same entity. Shuttle is not open to the public
|
18.
|
Real-time transportation information displays
|
3: screen and app
2: screen or app
|
Large screen, monitor, or phone app that displays transit (MBTA
and shuttle) arrival and departure information and other information
|
19.
|
Tailored transportation planning
|
3
|
Provide residents and employees with individualized information
about travel options
|
20.
|
Emergency ride home
|
3
|
Open to all employees or tenants for at least 4 rides a year
|
21.
|
Wayfinding signs
|
1
|
Signs for pedestrians and bicyclists
|
22.
|
Provide pedestrian and bicycle connection to adjacent properties
|
3
|
Build a connection to adjacent properties
|
23.
|
Developer proposed employee incentive program
|
1 to 10
|
Provide incentives to use modes that reduce vehicle trips
|
10.2.9 PTDM Plan Submission and Review.
1. The applicant shall submit to the Planning Office, through the online
permitting system, a transportation demand management application
and a draft PTDM plan prior to any site plan review, special permit
or building permit application.
2. Once the application is deemed complete, the Planning Office will
review the draft PTDM plan to ensure the required number of points
has been achieved by a selection of TDM measures. The Planning Office
will review and provide comments within 30 days. The applicant may
make changes to the PTDM plan in response.
3. Once approved, a planning approval letter shall be issued by the
Planning Office and referenced in the site plan approval.
4. For the purposes of this TMO-1 plan the Planning Board's designee
is either the Planning Director or the Assistant Planning Director.
10.2.10 Approvals. PTDM plan approvals issued by the Town shall be transferrable
by and among private parties, provided that the proposed new owner
(the transferee) shall continue to operate under the submitted and
approved PTDM plan or seek and be granted approval of a replacement
PTDM plan.
10.2.11 Modification. To modify a PTDM plan, the applicant shall submit the
existing PTDM plan, the proposed modification, and the reason for
the modification. Modifications shall comply with current plan requirements.
If the modified plan does not meet the provisions of these regulations,
the applicant shall request a waiver from the Planning Board.
10.2.12 Fees.
Submission
|
Fee
|
---|
Application fee: small project PTDM plan
|
$100
|
Application fee: large project PTDM plan
|
$300
|
Modification of an existing PTDM plan if newer than 2010. If
the PTDM plan is older, a new application fee applies
|
$50
|
Waiver request to the Planning Board
|
$200
|
10.2.13 Issuance of Certificate of Occupancy. Prior to the issuance of a
final certificate of occupancy, the applicant shall submit documentation
that all TDM measures are in place. The Planning Office may conduct
a site inspection to confirm that all approved physical measures in
the project's PTDM plan have been implemented or installed.
10.2.14 Reporting.
1. Ongoing monitoring and reporting is required to ensure that developers,
property owners, and tenants are actively participating in their PTDM
program commitments and working to meet the district mode shift goal.
2. Both small project and large project PTDM plans require reports to
the Town. Unless a different arrangement is made with the Town, reports
are due to the Planning Office on July 1 of the year following execution
of the PTDM, or the first business day afterwards.
3. Large project report contents.
a. Each large project report shall include the following performance
metrics:
i. Mode split calculation based on data collected from monitoring report;
ii.
Average peak weekday parking (car and bicycle) facility occupancy;
iii.
Peak period (6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.)
vehicle trips to and from the site;
iv.
Peak period (6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.)
bicycle trips to and from the site;
v. Percentage of daily trips taken during peak periods;
vi.
Average daily weekday combined MBTA and TMA shuttle ridership;
vii.
Results from online survey of at least 50% of all site employees,
including contract workers who are on site regularly; and
viii.
Self-assessment of selected PTDM measures and goal attainment.
b. In addition, the report shall include the following back-up information
taken from the survey:
i. Typical transportation access mode (mode share);
ii.
Percent of employees working from home, by day of week;
iii.
Receptiveness to and use of provided TDM options;
iv.
Receptiveness to alternative TDM options; and
v. Zip code origins of employees and zip code destinations of residents.
4. Each small project report shall include the following performance
metrics:
a. Average peak weekday parking (car and bicycle) facility occupancy;
b. Number of parking space and bicycle parking spaces;
c. Average daily weekday combined MBTA and TMA shuttle ridership; and
d. Self-assessment of selected PTDM measures and goal attainment.
5. The Planning Office may conduct a site visit and interview the property
manager about parking and TDM program provision.
6. Monitoring reports are required:
a. One year after certificate of final occupancy: the first instance
of data collection and documenting performance metrics;
b. Three years after occupancy (or certificate of occupancy);
c. Five years after occupancy (or certificate of occupancy); and
d. Every five years during the effectiveness of the plan, starting at
10 years after occupancy.
10.2.15 Not Meeting Mode Share Targets.
1. If the monitoring report indicates that mode share targets are not
met or at least improving the following actions will be taken:
a. The Planning Office will set up a meeting with the property owner
or manager to discuss the monitoring report results and how adjustments
to the PTDM plan can better meet the transportation needs of their
building tenants;
b. The property manager or owner shall submit a revised PTDM Plan detailing
what changes are being made to support compliance with the TMO-1 District
regulations and TDM goals; and
c. The property manager or owner shall confirm with the Town that all
existing TDM measures documented in the PTDM Plan are being implemented.
2. Sites not meeting mode-share target goals shall submit reports annually
until targets are met or are improving.