A.
Statement of purpose and location.
(1)
The Floodplain Overlay District is herein established as an
overlay district.
(2)
The purposes of the Floodplain Overlay District are to:
(a)
Ensure public safety through reducing the threats to life and
personal injury.
(b)
Eliminate new hazards to emergency response officials.
(c)
Prevent the occurrence of public emergencies resulting from
water quality contamination and pollution due to flooding.
(d)
Avoid the loss of utility services which if damaged by flooding
would disrupt or shut down the utility network and impact regions
of the community beyond the site of flooding.
(e)
Eliminate costs associated with the response to and cleanup
of flooding conditions.
(f)
Reduce damage to public and private property resulting from
flooding waters.
(3)
Location. The district includes all special flood hazard areas
designated on the City of Gardner Flood Insurance Rate Map (FIRM)
issued by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program (NFIP) dated July 2, 1981,
as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, and VE and the FEMA Flood
Boundary and Floodway Map (Floodway) dated July 2, 1981, both maps
which indicate the 100-year regulatory floodplain. The exact boundaries
of the district may be defined by the 100-year base flood elevations
shown on the FIRM or any letter of map amendment (LOMA) issued by
FEMA. The FIRM and Floodway are incorporated herein by reference and
are on file with the Building Commissioner, City Clerk, Planning Board,
Conservation Commission and City Engineer.
B.
100-YEAR FLOOD
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
ZONE A
ZONE A1-30 and ZONE AE (FOR NEW AND REVISED MAPS)
ZONE A99
ZONE AH and ZONE AO
ZONES B, C AND X
Definitions. As used in this section, the following terms shall have
the meanings indicated:
See "base flood."
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE,
or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Floodplain district.
Administers the National Flood Insurance Program (NFIP).
FEMA provides a nationwide flood hazard area mapping study program
for communities as well as regulatory standards for development in
the flood hazard areas.
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by FEMA where the boundaries
of the flood and related erosion areas having special hazards have
been designated as Zone A or E.
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations or an
examination, evaluation and determination of flood-related erosion
hazards.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable design requirements of NFIP Regulations
60.3.
Shall be defined as set forth in Article II herein.
For floodplain management purposes, structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community. For
the purpose of determining insurance rates, "new construction" means
structures for which the start of construction commenced on or after
the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
See "floodway."
An area having special flood and/or flood-related erosion
hazards and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, or VE.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home. "Structure," for insurance coverage
purposes, means a walled and roofed building, other than a gas or
liquid storage tank, that is principally aboveground and affixed to
a permanent site, as well as a manufactured home on a foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair but does not include
building materials or supplies intended for use in such construction,
alteration, or repair, unless such materials or supplies are within
an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The 100-year floodplain area where the base flood elevation
(BFE) has not been determined. To determine the BFE, use the best
available federal, state, local, or other data.
The 100-year floodplain where the base flood elevation has
been determined.
Areas to be protected from the 100-year flood by federal
flood protection system under construction. Base flood elevations
have not been determined.
The 100-year floodplain with flood depths of one to three
feet.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.
C.
Floodplain overlay district boundaries and base flood elevation and
floodway data.
(1)
Base flood elevation and floodway data.
(a)
Floodway data. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(b)
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A Zones.
D.
Notification of watercourse alteration. In a riverine situation,
the City Engineer shall notify the following of any alteration or
relocation of a watercourse:
(1)
Adjacent communities.
(2)
Bordering states (optional).
(3)
NFIP State Coordinator, Massachusetts Department of Conservation
and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104.
(4)
NFIP Program Specialist, Federal Emergency Management Agency,
Region I, 99 High Street, 6th Floor, Boston, MA 02110.
E.
Use regulations.
(1)
Compliance with state regulations.
(a)
The Floodplain Overlay District is established as an overlay
district to all other districts. All development in the district,
including structural and nonstructural activities, whether permitted
by right or by special permit, must be in compliance with MGL c. 131,
§ 40, and with the following:
[1]
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high-hazard areas (currently 780 CMR 3107,
Flood-Resistant Construction).
[2]
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00).
[3]
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00).
[4]
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
(b)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
(2)
Local use regulations.
(a)
Within Zones AH and AO on the FIRM, adequate drainage paths
must be provided around structures on slopes to guide floodwaters
around and away from proposed structures.
(b)
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the City of Gardner FIRM or Flood Boundary
and Floodway Map Community Panel Numbers 250305 0001 through 0009,
encroachments are prohibited in the regulatory floodway which would
result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
(d)
Existing contour intervals of the site and elevations of existing
structures must be included on plan proposal.
(e)
There shall be established a routing procedure which will circulate
or transmit one copy of the development plan to the Conservation Commission,
Planning Board, Board of Health, City Engineer, Building Commissioner
and Planning Director for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
(3)
Permitted uses.
(a)
The purpose of the Floodplain Overlay District, as noted above,
is to preserve and maintain the groundwater table; to protect the
public health and safety, persons and property against the hazards
of floodwater inundation, for the protection of the community against
the costs which may be incurred when unsuitable development occurs
in swamps, in marshes, along watercourses, or in areas subject to
floods; and to conserve natural conditions, wildlife, and open spaces
for the education, recreation and general welfare of the public.
(b)
Notwithstanding the provisions hereof, nothing herein shall
be deemed to permit a building, structure or use which is not permitted
in the underlying district.
(c)
Within a Floodplain Overlay District, no dwelling or building
shall be erected, altered, or used and no premises shall be used except
for one or more of the following uses:
[1]
Any woodland, grassland, wetland, agricultural, horticultural
or recreational use of land or water not requiring filling. Buildings
and sheds not accessory to any of the floodplain uses are permitted
by special permit from the Planning Board. Notice of each floodplain
building permit application shall be given to the City Public Works
Department, to the City Board of Health, to the City Engineer and
to the City Conservation Commission as well as all other parties as
required.
(d)
The Planning Board, on hearing such application, shall consider,
in addition to any factors said Board deems pertinent, the following
aspects with respect to flooding and Floodplain District zoning provisions:
that any such building or structure shall be designed, placed and
constructed to offer a minimum obstruction to the flow of water; that
it shall be firmly anchored to prevent floating away; and that it
shall be constructed in accordance with the requirements of the State
Building Code, Appendix G.
(e)
Applications for revisions to the FIRM should be submitted to
FEMA for review and approval under the letter of map amendment and
letter of map revision process.
(4)
Prohibited uses.
(a)
Notwithstanding Subsection E(3) above, the following shall be prohibited in the Floodplain Overlay District:
(b)
In any Floodplain Overlay District, after the adoption of this
provision, no land, building, or structure shall be used for sustained
human occupancy except dwellings theretofore lawfully existing or
land, buildings or structures which comply with the provisions of
this chapter.
(c)
All encroachments, including fill, new construction, substantial
improvements to existing structure, and other development, are prohibited
in the floodway, unless certification by a registered professional
engineer is provided by the applicant demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the 100-year flood.
A.
Purpose. The purpose of the Groundwater Protection Overlay District
is to:
(1)
Promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses;
(2)
Preserve and protect existing and potential sources of drinking
water supplies;
(3)
Conserve the natural resources of the City; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Authority. The Groundwater Protection Overlay Districts are adopted
pursuant to authority provided by MGL c. 40A and the Home Rule Amendment,
Article 89 of the Amendments to the Constitution of the commonwealth.
C.
AQUIFER
AUTOMOBILE GRAVEYARD AND JUNKYARD
CMR
COMMERCIAL FERTILIZER
DEP
GROUNDWATER PROTECTION OVERLAY DISTRICT
HAZARDOUS MATERIAL
HAZARDOUS WASTE
IMPERVIOUS SURFACE
LANDFILL
MGL
NONSANITARY WASTEWATER
OPEN DUMP
PETROLEUM PRODUCT
POTENTIAL DRINKING WATER SOURCES
RECHARGE AREAS
SEPTAGE
SLUDGE
TREATMENT WORKS
VERY SMALL QUANTITY GENERATOR
WASTE OIL RETENTION FACILITY
ZONE I
ZONE II
Definitions. For the purposes of this section, the following words
and phrases shall be defined as follows. References to statutes and
regulations shall be deemed a reference to such law or regulation
as of the effective date of this section.
Geologic formation composed of rock, sand, or gravel that
contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained,
or operated for storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts, as defined
in MGL c. 140B, § 1.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Massachusetts Department of Environmental Protection.
Those land areas designated on a map adopted pursuant to
this section that provide recharge to an existing or planned public
drinking water supply well. The Groundwater Protection District includes
all areas designated as Zone II and approved by the DEP.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water. Hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis,
solvents and thinners in quantities greater than normal household
use, and all substances defined as hazardous or toxic under MGL c.
21C and 21E and 310 CMR 30.00.
Any waste defined in the Massachusetts Hazardous Waste Regulations,
310 CMR 30.010. This includes, but is not limited to, waste oil, waste
solvents, waste oil-based paint and waste pesticides.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to 310 CMR 19.006.
Massachusetts General Laws.
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including but not limited to activities specified in the Standard
Industrial Classification (SIC) codes set forth in 310 CMR 15.004(6).
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act [42 U.S.C. § 4004(a) and (b)],
42 U.S.C. § 6901 et seq., or state regulations and criteria
for solid waste disposal.
Petroleum or petroleum by-product, including but not limited
to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation
gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with
other wastes, crude oils or other liquid hydrocarbons regardless of
specific gravity. "Petroleum product" shall not include liquefied
petroleum gas, including but not limited to liquefied natural gas,
propane or butane.
Areas that could provide significant potable water in the
future.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas include DEP-approved Zone I, Zone II,
or Zone III areas.
The liquid, solid, and semisolid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
"Septage" does not include any material that is a hazardous waste
as defined by 310 CMR 30.000.
The solid, semisolid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment. "Sludge"
does not include grit, screening, or grease and oil which are removed
at the headworks of a facility.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage, or disposal.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c. 21, § 52A.
The DEP-designated protective radius around a public water
system well or well field.
The DEP-approved area of an aquifer which contributes water
to a well under the most severe pumping and recharge conditions that
can be realistically anticipated as defined in 310 CMR 22.00.
D.
Establishment of districts. The Groundwater Protection Overlay Districts
are herein established as overlay districts and shall include all
lands within the City of Gardner lying within the primary recharge
areas of groundwater wells which provide existing and future public
water supply. The Groundwater Protection Overlay District is described
on a map titled "City of Gardner Water Supply Protection Districts,"
prepared by the Gardner Engineering Department, dated revised January
5, 2011. The map is on file in the office of the City Engineer. Said
map is hereby incorporated as part of the Zoning Map of Gardner, Massachusetts,
on file in the City Clerk's office.
E.
Boundary disputes.
(1)
Resolution of boundary disputes. If the location of the Groundwater
Protection Overlay District boundary in relation to a particular parcel
is in doubt, resolution of boundary disputes shall be through a special
permit application to the Planning Board as special permit granting
authority (SPGA). Any application for a special permit for this purpose
shall be accompanied by adequate documentation.
(2)
Burden of proof. The burden of proof shall be upon the owner(s)
of the land to demonstrate that the location of the district boundary
with respect to a parcel(s) of land is uncertain. At the request of
the owner(s), the SPGA may engage a professional engineer, hydrologist,
geologist, or soil scientist to determine more accurately the boundaries
of the district with respect to individual parcels of land and may
charge the owner(s) for the cost of the investigation.
(3)
Lot divided by district line. Where the boundary line of the
Groundwater Protection Overlay District divides a lot or parcel, the
requirements established by this section shall apply only to the portion
of the lot or parcel located within the district.
(4)
Amendment of map. Amendments to the map of the Groundwater Protection
Overlay District require City Council approval.
F.
Use regulations. The Groundwater Protection Overlay Districts are
overlay districts superimposed over the underlying districts set forth
in this chapter. Within a Groundwater Protection Overlay District,
the requirements of the underlying district continue to apply, except
where the requirements of the Groundwater Protection Overlay District
are more stringent.
(1)
Permitted uses. The following uses are permitted within the
Groundwater Protection Overlay District, provided that all necessary
permits, orders, or approvals required by local, state, or federal
law are also obtained:
(a)
Conservation of soil, water, plants, and wildlife.
(b)
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted.
(c)
Foot, bicycle and/or horse paths and bridges.
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices.
(e)
Maintenance, repair, and enlargement of any existing structure,
subject to applicable provisions of this section.
(f)
Residential development, subject to applicable provisions of
this section.
(g)
Farming, gardening, nursery, conservation, forestry, harvesting,
and grazing, subject to applicable provisions of this section.
(2)
Prohibited uses. The following uses are prohibited within the
Groundwater Protection Overlay District:
(a)
Landfills and open dumps, as defined in 310 CMR 19.006.
(b)
Landfills receiving only wastewater residuals and/or septage
(wastewater residuals monofills) approved by the DEP pursuant to MGL
c. 21, §§ 26 through 53; MGL c. 111, § 17;
MGL c. 83, §§ 6 and 7, and any regulations promulgated
thereunder.
(c)
Automobile graveyards and junkyards as defined in MGL c. 140B,
§ 1.
(d)
Stockpiling and disposal of snow or ice removed from highways
and streets located outside of Zone II that contains sodium chloride,
chemically treated abrasives or other chemicals used for snow and
ice removal.
(e)
Petroleum, fuel oil and heating oil bulk stations and terminals,
including but not limited to those listed under Standard Industrial
Classification (SIC) Codes 5171 (not including liquefied petroleum
gas) and 5983. Standard Industrial Classification codes are established
by the United States Office of Management and Budget and may be determined
by referring to the publication "Standard Industrial Classification
Manual" and any subsequent amendments thereto.
(f)
Treatment or disposal works subject to 314 CMR 5.00 for wastewater
other than sanitary sewage. This prohibition includes, but is not
limited to, treatment or disposal works related to activities under
the Standard Industrial Classification (SIC) codes set forth in 310
CMR 15.004(6) (Title 5), except the following:
[1]
The replacement or repair of an existing system(s) that will
not result in a design capacity greater than the design capacity of
the existing system(s);
[2]
Treatment works approved by the DEP designed for the treatment
of contaminated groundwater or surface water and operated in compliance
with 314 CMR 5.05(3) or (13); and
[3]
Publicly owned treatment works or POTWs.
(g)
Facilities that generate, treat, store or dispose of hazardous
waste that are subject to MGL c. 21C and 310 CMR 30.000, except for
the following:
(h)
Any floor drainage systems in existing facilities, in industrial
or commercial hazardous material and/or hazardous waste process areas
or storage areas, which discharge to the ground without a DEP permit
or authorization. Any existing facility with such a drainage system
shall be required to either seal the floor drain (in accordance with
the State Plumbing Code, 248 CMR 10.00), connect the drain to a municipal
sewer system (with all appropriate permits and pretreatment), or connect
the drain to a holding tank meeting the requirements of all appropriate
DEP regulations and policies.
(3)
Uses permitted by special permit. The following uses are permitted
within the Groundwater Protection Overlay District by special permit
from the Planning Board, when designed in accordance with the performance
standards specified below, and provided that all necessary permits,
orders, or approvals required by local, state, or federal law are
also obtained:
(a)
Storage of sludge and septage, as defined in 310 CMR 32.05,
when such storage is in compliance with 310 CMR 32.30 and 310 CMR
32.31.
(b)
Storage of sodium chloride, chemically treated abrasives or
other chemicals used for the removal of ice and snow on roads, when
such storage is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate.
(c)
Storage of commercial fertilizers, as defined in MGL c. 128,
§ 64, when such storage is within a structure designed to
prevent the generation and escape of contaminated runoff or leachate.
(d)
Storage of animal manures, when such storage is within a structure
designed to prevent the generation and escape of contaminated runoff
and leachate.
(e)
Storage of liquid hazardous materials, as defined in MGL c.
21E, and/or liquid petroleum products when such storage is above ground
level and on an impervious surface and either in a container(s) or
aboveground tank(s) within a building or outdoors in a covered container(s)
or aboveground tank(s) in an area that has a containment system designed
and operated to hold either 10% of the total possible storage capacity
of all containers or 110% of the largest container's storage capacity,
whichever is greater; however, these storage requirements shall not
apply to the replacement of existing tanks or systems for the keeping,
dispensing or storing of gasoline, provided that the replacement is
performed in a manner consistent with state and local requirements.
(f)
The removal of soil, loam, sand, gravel or any other mineral
substances within four feet of the historical high groundwater table
elevation (as determined from monitoring wells and historical water
table fluctuation data compiled by the United States Geological Survey),
when the substances removed are redeposited within 45 days of removal
on site to achieve a final grading greater than four feet above the
historical high-water mark, and except for excavations for the construction
of building foundations or the installation of utility works, or wetland
restoration work conducted in accordance with a valid order of condition
issued pursuant to MGL c. 131, § 40.
(g)
Land uses that result in the rendering impervious of more than
15% or 2,500 square feet of any lot or parcel, whichever is greater,
when a system for artificial recharge of precipitation is provided
that will not result in the degradation of groundwater quality.
G.
Special permit procedures.
(1)
Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in Subsection F(3) are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.
(2)
Rules and regulations. The Planning Board may adopt and from
time to time amend rules and regulations which shall prescribe the
size, form, content, and style of the plans and procedures for submission
and approval of such special permit. These rules and regulations shall
be filed with the City Clerk.
(3)
Review by other boards and officials. Whenever an application
for a special permit is filed with the Planning Board under this section,
said Board shall transmit, within six working days of the filing of
the completed application, copies of the application, accompanying
site plan, and other documentation to the Board of Health, Conservation
Commission, Building Commissioner, Director of Public Works, Fire
Chief, and the City Engineer for their consideration, review, and
report. The copies necessary to fulfill this requirement shall be
furnished by the applicant. An application shall not be deemed complete
until all copies of required information and documentation have been
filed with the Planning Board. The Planning Board shall notify applicants
by registered mail, within 14 days of submittal, of incomplete application
status, and the applicant shall have 14 days from the mailing of such
notice to complete an application. Failure to complete an application
within such time shall result in a return of all materials to the
applicant, without prejudice. Reports from other boards and officials
shall be submitted to the Planning Board by the date of the public
hearing, but in any case, 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.
The decision/findings of the Planning Board shall contain, in writing,
an explanation for any departures from the recommendations of any
reviewing party.
(4)
Submittals. All applications for a special permit shall contain
the information listed below, unless waived or modified by the SPGA,
with reasons therefor:
(a)
A site plan, submitted on twenty-four-inch-by-thirty-six-inch
sheets, on a minimum scale of one-inch equals 40 feet, and prepared
by a registered professional engineer and a registered land surveyor.
Site plans submitted under this section shall also include the following:
[1]
All property lines;
[2]
All adjacent public streets;
[3]
All existing and proposed buildings, structures, parking areas,
and service areas;
[4]
All facilities for sewage, refuse, and other waste disposal;
[5]
Facilities for surface water drainage, both temporary and permanent;
[6]
Future expansion areas;
[7]
Provisions to prevent contamination of groundwater by petroleum
products;
[8]
Drainage recharge features and provisions to prevent loss of
recharge;
[9]
Provisions to prevent soil compaction;
[10]
Provisions to prevent seepage from sewer pipes;
[11]
Location of wetlands, streams, water bodies and
floodplain;
[12]
Existing drainage patterns;
[13]
Existing woodlands;
[14]
Areas having slopes exceeding 15%;
[15]
Areas to be disturbed by construction;
[16]
Areas where earth and other materials subject
to erosion will be temporarily stockpiled;
[17]
Areas to be used for disposal or storage of construction
debris, stones, stumps, etc., if within the district;
[18]
Temporary and permanent erosion control measures
planned, such as sediment basins, stormwater basins, diversion, riprap,
stabilization seedings, etc.;
[19]
Temporary work roads to be used during projects;
[20]
Location and size of septic system; and
[21]
Method to contain spillage in fuel filling areas.
(b)
A storm drainage plan showing:
[1]
Locations of drains and culverts and names of streams, rivers,
ponds or reservoirs in the City into which they flow;
[2]
Discharge peaks and expected velocities at drain or culvert
outlets;
[3]
Conditions above and below outlets and expected flow velocities;
[4]
Supporting computations for the above; and
[5]
A grading plan showing existing topography and planned grade
along existing and/or proposed street or highway profiles.
(c)
A siltation and sedimentation control plan, including:
[1]
Sediment and erosion control structures, such as diversions,
waterways, slope stabilization structures, sediment basins, etc.,
in sufficient detail to implement their installation, together with
referred standards for soil erosion and sediment as appropriate, and
design calculations as required for each structure;
[2]
Seeding and/or sodding requirements for all exposed areas, including
seedbed preparation, seed mixtures, lime, fertilizer and mulching
requirements with referenced standards;
[3]
Schedule or sequence of operation with starting dates for clearing
and/or grading, timing for storm drain and culvert installation, duration
of exposure of soils and critical area stabilizations, both temporary
and permanent. Indicate date when critical areas stabilization, paving,
seeding, mulching, or sodding is to be completed; and
[4]
General notes for sediment control that spell out the procedures
for implementing the plan.
(d)
The technical reference to be used to prepare and review site
plans is "Guidelines for Soil and Water Conservation in Urbanizing
Areas of Massachusetts," United States Department of Agriculture,
Soil Conservation Service, Amherst, Massachusetts. Specific guidelines
to be used include, but are not limited to:
[1]
Limit grading to only those areas actively undergoing current
construction.
[2]
The smallest practical area of land should be exposed at one
time during development.
[3]
Limit the length of time graded areas are exposed.
[4]
Provide temporary or permanent stabilization of disturbed areas
at the earliest opportunity. Limit exposure to less than 60 days.
[5]
Retain and protect as much of the natural vegetation as possible.
[6]
Permanent improvements such as streets, utilities, storm sewers,
vegetated waterways, and other features of the development should
be scheduled for installation to the greatest extent possible before
removing the vegetative cover from an area scheduled for building
construction.
[7]
Protect all fill slopes and cut slopes exceeding five feet in
height from storm runoff through the use of diversion berms, drop
chutes and other acceptable means.
[8]
Rough-graded rights-of-way awaiting installation of utilities
and/or pavement should be protected by the installation of interceptor
berms across the right-of-way to reduce the length of slope between
berms to not more than 250 feet.
[9]
On sites where the above procedures are impractical or not acceptable,
where the topography permits, install sediment basins, desilting basins,
or silt traps to remove sediment from runoff waters.
(e)
A narrative statement detailing all of the information set forth
below, if applicable:
[1]
A complete list of all chemicals, pesticides, fuels, or other
potentially hazardous materials, including but not limited to road
salt or de-icing chemicals, manure, and fertilizers or soil conditioners,
to be used or stored on the premises in quantities greater than associated
with normal household use, accompanied by a description of the measures
proposed to protect all storage containers from vandalism, corrosion,
and leakage and to provide for control of spills.
[2]
A description of all potentially hazardous wastes to be generated
in quantities greater than associated with normal household use, accompanied
by a description of the measures proposed to protect all waste storage
containers from vandalism, corrosion, and leakage and to provide for
control of spills.
[3]
For underground or aboveground storage of hazardous materials,
certification by a registered professional engineer that such storage
facilities or containers are:
[4]
For any proposed activity on a lot which will render more than
15% of the total lot area or more than 2,500 square feet impervious,
a system for groundwater recharge must be provided that does not degrade
groundwater quality, by stormwater infiltration basins or similar
system covered with natural vegetation. Dry wells shall be used only
where other methods are infeasible. Such basins and wells shall be
preceded by oil, grease and sediment traps to facilitate removal of
contaminants.
[5]
For stockpiling or disposal of snow from outside the district,
earthmoving and alteration, storage of sludge or septage, manure storage,
treatment works, and/or discharge of process wastewater, a narrative
statement, prepared by a registered professional engineer, assessing
the impacts, if any, of the proposed activity on groundwater and surface
water quality on the premises, adjacent to the premises, and on any
well field(s) down gradient from the proposed activity or use, accompanied
by a description of the measures proposed to protect such well fields.
H.
Decision.
(1)
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:
(a)
Groundwater quality resulting from on-site wastewater disposal
or other operations on site shall not fall below the more restrictive
of federal or state standards for drinking water or, if existing groundwater
quality is already below those standards, on-site disposal or operations
shall result in no further deterioration; and
(b)
Activities shall be designed to avoid substantial disturbance
of the soils, topography, drainage, vegetation, and other water-related
natural characteristics of the site to be developed.
(2)
Powers of the SPGA. The Planning Board may approve, approve
with conditions, or deny an application for a special permit that
is governed, in any manner, by the provisions of this section.
(3)
No variance. There shall be no variances granted from the regulations
of the Groundwater Protection Overlay District without a written advisory
report from the Gardner Board of Health.
I.
Enforcement.
(1)
Notice. Written notice of any violations of this section shall
be given by the Building Commissioner to the responsible person as
soon as possible after detection of a violation or a continuing violation.
Notice to the assessed owner of the property shall be deemed notice
to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance. A copy of such notice shall be submitted
to the Planning Board, Board of Health, Conservation Commission, City
Engineer, Department of Public Works, and the Water Department.
(2)
Costs. The cost of containment, cleanup, or other action of
compliance shall be borne by the owner and operator of the premises.
A.
Purpose. The purpose of this district is to increase redevelopment
options consistent with City-wide growth and development policies
within economically stressed areas zoned Industrial 1 and/or Commercial
1 by providing for additional uses as a matter of right or special
permit and altering dimensional requirements.
B.
Scope of authority.
(1)
The Development Overlay District 1 may be applied over some
or all existing parcels that are zoned Industrial 1 and/or Commercial
1; it may not be applied over any other zoning district.
(2)
Any use permitted by right or special permit in the underlying
districts, as provided for by this chapter, shall continue to be permitted
in addition to all other uses permitted by the Development Overlay
District 1.
C.
Designation of Development Overlay District 1.
(1)
The City Council retains sole authority to designate an area
as Development Overlay District 1. Such designation is limited to
areas zoned Industrial 1 and Commercial 1 that clearly exhibit the
impacts of economic stress. Criteria for measuring economic stress
include vacancy rates, incidences of arson, declining property values,
Building Code violations, property tax delinquencies and inclusion
in ongoing revitalization efforts.
(2)
The Planning Board shall make a recommendation to the City Council
on a proposed designation of a Development Overlay District 1 in accordance
with the provisions of MGL c. 40A, § 5, only after consultations
with relevant agencies and a public hearing. The request for designation
shall contain a report of finding.
D.
Additional uses.
(1)
Properties zoned Industrial 1 and designated a Development Overlay
District 1 shall be permitted the following uses as a matter of right:
(a)
Library, museum, art gallery or civic center.
(b)
Country or tennis club, lodge building or other nonprofit social,
civic, conservation or recreational use.
(c)
Professional office and retail store.
(d)
Indoor amusement or recreation place of assembly, provided that
the building is so insulated and maintained as to confine noise to
the premises.
(e)
Commercial clubs and/or recreational establishments such as
swimming pools, tennis courts, ski clubs, camping areas, skating rinks
or other commercial facilities offering outdoor recreation.
E.
Dimensional requirements.
(1)
Any new structure, substantial improvement or alternative to
an existing structure involving more than 50% of that structure's
gross floor area shall be subject to the following:
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum frontage: none. However, recorded documentation of legal
access to the property shall be required.
(c)
Front yard setback: none.
(d)
Side yard setback: 10 feet, or none if abuts commercial or industrial
use.
(e)
Rear yard setback: 20 feet.
(f)
Maximum building height: five stories or 60 feet.
(g)
Maximum lot coverage shall not exceed 85%.
(2)
Improvements or alterations to an existing structure involving
less than 50% of that structure's gross floor area shall not be subject
to dimensional requirements, except that the minimum lot size shall
not be less than 5,000 square feet and the structure shall not expand
in terms of percentage of lot coverage.
F.
Parking requirements. Off-street parking shall be provided according to the schedule of parking uses, § 675-750, except as follows:
Parking Requirements: Development Overlay District 1
| |
---|---|
Use
|
Parking Spaces Required
|
Retail store
|
1 space per 250 square feet gross floor area
|
Business or professional office
|
1 space per 300 square feet gross floor area
|
Restaurant, lodge or club, or other place of assembly
|
1 space per 4 seats
|
Library, museum, art gallery or civic center
|
2 spaces per 1,000 square feet gross floor area
|
Three-, four-family and multifamily dwelling units
|
1 space per dwelling for units not exceeding 1 bedroom. 2 spaces
per dwelling for units with two or more bedrooms
|
Mixed use
|
Sum of various uses computed separately
|
A.
Purpose. By special permit, the Planning Board seeks to facilitate
an alternative pattern of land development which promotes innovative
design with compact, mixed-use development that is convenient to a
variety of transportation options, to preserve common open space,
and to promote the creation of new housing units that are contained
in a variety of building types and laid out in a manner to promote
the establishment of a pedestrian-oriented neighborhood(s). This type
of development may be determined to be sufficiently advantageous to
render it appropriate to grant special permission to depart from the
normal requirements of the district to the extent authorized by this
chapter.
B.
Applicability.
(1)
Smart Growth Planned Unit Development (SGPUD) is allowed in
the RR2, COM2, IND1 and IND2 Zones. Proposed SGPUD shall be located
on a lot or contiguous lots of not less than 60,000 square feet in
the RR2 Zone and shall employ public water and sewage. In the COM2
and IND2 Zones, the tract shall contain no less than 60,000 square
feet. In the IND1 Zone, the tract shall contain no less than 50,000
square feet. A development plan shall be presented for the entire
tract.
(2)
The development shall be subject to all zoning regulations, except those which, through the grant of a special permit, the Planning Board has permitted increased density, parking requirements less than those ordinarily required, and permit uses not otherwise allowed in the underlying zoning district as specified in§ 675-540C, Allowed uses.
C.
Allowed uses. In addition to the uses allowed in the underlying district,
the following uses are eligible for consideration:
D.
Density and dimensional requirements.
(1)
The minimum common open space requirement of the overall tract
in the RR2 shall be 30%, exclusive of areas located in floodplains
and wetlands. In the COM2, IND1 and IND2, the minimum common open
space requirement of the overall tract is 20%, exclusive of areas
located in floodplains and wetlands.
(2)
Multifamily residential structures shall contain no more than
eight units per building and shall be clustered to foster neighborhood
connections. Residential density shall not exceed 20 units per acre,
to be calculated exclusive of areas located in flood zones and wetlands.
(3)
The area developed for residential use shall not exceed 50%
of the overall tract, exclusive of areas located in floodplains and
wetlands.
(4)
Setbacks. Industrial uses shall be set back a minimum of 20
feet from commercial uses and 50 feet from residential uses. The Planning
Board retains the authority to increase minimum setbacks at its discretion
in the interest of safety, circulation, or other factors.
(5)
Maximum building height shall be 65 feet.
E.
Parking and other requirements.
(1)
Parking shall be in accordance with those requirements set forth in § 675-750, Schedule of parking uses. The Planning Board may allow for shared use parking if the applicant can prove the specified parking demand will occur at different and offsetting times of day. The use of shared parking is encouraged to reduce impervious surfaces and enhance overall design of the development.
(2)
Proposed developments which include over 12 residential units
shall require 20% of the overall number of units to be affordable
to persons and families earning 80% or less of the area's median income,
and these units shall remain affordable for a minimum period of 30
years.
F.
Site plan review. All developments proposed for SGPUD shall undergo
site plan review. For the convenience of the applicant, site plan
review and applications for a special permit pursuant to this section
shall be held concurrently. The applicant will be responsible for
submitting a request and meeting all submission requirements concurrently
in order to streamline notice and hearing requirements.
A.
Purpose. The purpose of the Surface Water Protection Overlay District
is to:
(1)
Promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses;
(2)
Preserve and protect existing and potential sources of drinking
water supplies;
(3)
Conserve the natural resources of the City; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Authority. The Surface Water Protection Overlay Districts are adopted
pursuant to authority provided by MGL c. 40A and the Home Rule Amendment,
Article 89 of the Amendments to the Constitution of the commonwealth.
C.
AUTOMOBILE GRAVEYARD AND JUNKYARD
CMR
COMMERCIAL FERTILIZER
DEP
HAZARDOUS MATERIAL
HAZARDOUS WASTE
IMPERVIOUS SURFACE
LANDFILL
MGL
NONSANITARY WASTEWATER
OPEN DUMP
PETROLEUM PRODUCT
POTENTIAL DRINKING WATER SOURCES
RECHARGE AREAS
SEPTAGE
SLUDGE
SURFACE WATER PROTECTION OVERLAY DISTRICT
TREATMENT WORKS
VERY SMALL QUANTITY GENERATOR
WASTE OIL RETENTION FACILITY
ZONE A
ZONE B
ZONE C+
Definitions. For the purposes of this section, the following words
and phrases shall be defined as follows. References to statutes and
regulations shall be deemed a reference to such law or regulation
as of the effective date of this section.
An establishment or place of business which is used, maintained,
or operated for storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts, as defined
in MGL c. 140B, § 1.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Massachusetts Department of Environmental Protection.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water. Hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis,
solvents and thinners in quantities greater than normal household
use, and all substances defined as hazardous or toxic under MGL c.
21C and 21E and 310 CMR 30.00.
Any waste defined in the Massachusetts Hazardous Waste Regulations,
310 CMR 30.010. This includes, but is not limited to, waste oil, waste
solvents, waste oil-based paint and waste pesticides.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to 310 CMR 19.006.
Massachusetts General Laws.
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including but not limited to activities specified in the Standard
Industrial Classification (SIC) codes set forth in 310 CMR 15.004(6).
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act [42 U.S.C. § 4004(a) and (b)],
42 U.S.C. § 6901 et seq., or state regulations and criteria
for solid waste disposal.
Petroleum or petroleum by-product, including but not limited
to fuel oil, gasoline, diesel, kerosene, aviation jet fuel, aviation
gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with
other wastes, crude oils, or other liquid hydrocarbons regardless
of specific gravity. "Petroleum product" shall not include liquefied
petroleum gas, including but not limited to liquefied natural gas,
propane or butane.
Areas that could provide significant potable water in the
future.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas include DEP-approved Zone I, Zone II,
or Zone III areas.
The liquid, solid, and semisolid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
"Septage" does not include any material that is a hazardous waste
as defined by 310 CMR 30.000.
The solid, semisolid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment. "Sludge"
does not include grit, screening, or grease and oil which are removed
at the headworks of a facility.
Those land areas designated on a map adopted pursuant to
this section that provide recharge to an existing or planned public
drinking water supply well. The Surface Water Protection District
includes all areas designated as a Zone A and Zone B as approved by
the DEP and Zone C+.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping, transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage, or disposal.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c. 21, § 52A.
The land area between the surface water source and the upper
boundary of the bank, and the land area within a 400-foot lateral
distance from the upper boundary of the bank of a Class A surface
water source, as defined in 314 CMR 4.05(3)(a), and the land area
within a 200-foot lateral distance from the upper boundary of the
bank of a tributary or associated surface water body.
The land area within 1/2 mile of the upper boundary of the
bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a),
or edge of watershed, whichever is less. However, Zone B shall always
include the land area within a 400-foot lateral distance from the
upper boundary of the bank of the Class A surface water source.
The land area not within Zone A and Zone B delineated on
a map titled "City of Gardner Water Supply Protection Districts" prepared
by the Engineering Department, dated revised January 5, 2011.
D.
Establishment of districts. The Surface Water Protection Overlay
Districts, which consist of Zone A, Zone B and Zone C+, are herein
established as overlay districts. These districts are described on
a map titled "City of Gardner Water Supply Protection Districts,"
prepared for the Gardner Engineering Department, dated revised January
5, 2011. The map is on file in the office of the City Engineer. Said
map is hereby incorporated as part of the Zoning Map of Gardner, Massachusetts,
on file in the City Clerk's office.
E.
Boundary disputes.
(1)
Resolution of boundary disputes. If the location of the district
boundary in relation to a particular parcel is in doubt, resolution
of boundary disputes shall be through a special permit application
to the Planning Board as special permit granting authority (SPGA).
Any application for a special permit for this purpose shall be accompanied
by adequate documentation.
(2)
Burden of proof. The burden of proof shall be upon the owner(s)
of the land to demonstrate that the location of the district boundary
with respect to a parcel(s) of land is uncertain. At the request of
the owner(s), the SPGA may engage a professional engineer or land
surveyor or other qualified expert to determine more accurately the
boundaries of the district with respect to individual parcels of land
and may charge the owner(s) for the cost of the investigation.
(3)
Lot divided by district line. Where the boundary line of the
Surface Water Protection Overlay District divides a lot or parcel,
the requirements established by this section shall apply only to the
portion of the lot or parcel located within the district.
(4)
Amendment of map. Amendments to the map of the Surface Water
Protection Overlay District require City Council approval.
F.
Use regulations. The Surface Water Protection Overlay Districts are
overlay districts superimposed over the underlying districts set forth
in this chapter. Within a Surface Water Protection Overlay District,
the requirements of the underlying district continue to apply, except
where the requirements of the Surface Water Protection Overlay District
are more stringent.
(1)
Prohibited uses in Zones A, B and C+. The following uses are
prohibited within Zone A, Zone B and Zone C+ of the Surface Water
Protection Overlay District:
(a)
Facilities that, through their acts or processes, generate,
treat, store or dispose of hazardous waste that is subject to MGL
c. 21C and 310 CMR 30.000, except for the following:
(b)
Uncovered or uncontained storage of fertilizers.
(c)
Uncovered or uncontained storage of road or parking lot de-icing
and sanding materials.
(d)
Storage or disposal of snow or ice, removed from highways and
streets, outside of Zone A, that contains de-icing chemicals.
(e)
Uncovered or uncontained storage of manure.
(f)
Junk and salvage operations.
(g)
Aboveground storage of liquid hazardous material, as defined
in MGL c. 21E, or liquid propane or liquid petroleum products, except
as follows:
[1]
The storage is incidental to normal household use, outdoor maintenance,
or the heating of a structure; use of emergency generators; or a response
action conducted or performed in accordance with MGL c. 21E and 310
CMR 40.000 and which is exempt from a groundwater discharge permit
pursuant to 314 CMR 5.05(14); and
[2]
The storage is either in a container(s) or aboveground tank(s)
within a building or outdoors in a covered container(s) or aboveground
tank(s) in an area that has a containment system designed and operated
to hold either 10% of the total possible storage capacity of all containers
or 110% of the largest container's storage capacity, whichever is
greater. However, these storage requirements do not apply to the replacement
of existing tanks or systems for the keeping, dispensing or storing
of gasoline, provided that the replacement is performed in accordance
with applicable state and local requirements.
(h)
Treatment or disposal works subject to 314 CMR 3.00 or 5.00,
except the following:
[1]
The replacement or repair of an existing treatment or disposal
works that will not result in a design capacity greater than the design
capacity of the existing treatment or disposal works;
[2]
Treatment or disposal works for sanitary sewage if necessary
to treat existing sanitary sewage discharges in noncompliance with
310 CMR 15.000, the State Environmental Code, Title 5: Standard Requirements
for the Siting, Construction, Inspection, Upgrade and Expansion of
On-Site Sewage Treatment and Disposal Systems and for the Transport
and Disposal of Septage, provided that the facility owner demonstrates
to the Department's satisfaction that there are no feasible siting
locations outside of Zone A. Any such facility shall be permitted
in accordance with 314 CMR 5.00 and shall be required to disinfect
the effluent. The Department may also require the facility to provide
a higher level of treatment prior to discharge;
[3]
Treatment works approved by the DEP designed for the treatment
of contaminated groundwater or surface water and operated in compliance
with 314 CMR 5.05(3) or (13); and
[4]
Discharge by a public water system of waters incidental to water
treatment processes.
(2)
Uses prohibited in Zone A but allowed by special permit in Zone
B and C+:
(a)
Sand and gravel excavation operations;
(b)
Motor vehicle repair operations;
(c)
Cemeteries (human and animal) and mausoleums;
(d)
Solid waste combustion facilities or handling facilities as
defined at 310 CMR 16.00;
(e)
Land uses that result in the rendering impervious of more than
15%, or more than 20% with artificial recharge, or 2,500 square feet
of any lot, whichever is greater;
(f)
Commercial outdoor washing of vehicles and commercial car washes;
and
(g)
All underground storage tanks.
G.
Special permit procedures.
(1)
Special permit granting authority. The special permit granting authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria set forth in this Subsection G are met. In making such determination, the SPGA shall consider the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed.
(2)
Rules and regulations. The Planning Board may adopt and from
time to time amend rules and regulations which shall prescribe the
size, form, content, and style of the plans and procedures for submission
and approval of such special permit. These rules and regulations shall
be filed with the City Clerk.
(3)
Review by other boards and officials. Whenever an application
for a special permit is filed with the Planning Board under this section,
said Board shall transmit, within six working days of the filing of
the completed application, copies of the application, accompanying
site plan, and other documentation to the Board of Health, Conservation
Commission, Building Commissioner, Director of Public Works, Fire
Chief, and the City Engineer for their consideration, review, and
report. The copies necessary to fulfill this requirement shall be
furnished by the applicant. An application shall not be deemed complete
until all copies of required information and documentation have been
filed with the Planning Board. The Planning Board shall notify applicants
by registered mail, within 14 days of submittal, of incomplete application
status, and the applicant shall have 14 days from the mailing of such
notice to complete an application. Failure to complete an application
within such time shall result in a return of all materials to the
applicant, without prejudice. Reports from other boards and officials
shall be submitted to the Planning Board by the date of the public
hearing, but in any case, within 35 days of receipt of the reviewing
party of all 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. If 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. The decision/findings of the Planning
Board shall contain, in writing, an explanation for any departures
from the recommendations of any reviewing party.
(4)
Submittals. All applications for special permits shall contain
the information listed below, unless waived or modified by the SPGA,
with reasons therefor:
(a)
A site plan, submitted on twenty-four-inch-by-thirty-six-inch
sheets, on a minimum scale of one-inch equals 40 feet, and prepared
by a registered professional engineer and a registered land surveyor.
Site plans submitted under this section shall also include the following:
[1]
All property lines;
[2]
All adjacent public streets;
[3]
All existing and proposed buildings, structures, parking areas,
and service areas;
[4]
All facilities for sewage, refuse, and other waste disposal;
[5]
Facilities for surface water drainage, both temporary and permanent;
[6]
Future expansion areas;
[7]
Provisions to prevent contamination of surface water by petroleum
products;
[8]
Drainage recharge features and provisions to prevent loss of
recharge;
[9]
Provisions to prevent soil compaction;
[10]
Provisions to prevent seepage from sewer pipes;
[11]
Location of wetlands, streams, water bodies and
floodplain;
[12]
Existing drainage patterns;
[13]
Existing woodlands;
[14]
Areas having slopes exceeding 15%;
[15]
Areas to be disturbed by construction;
[16]
Areas where earth and other materials subject
to erosion will be temporarily stockpiled;
[17]
Areas to be used for disposal or storage of construction
debris, stones, stumps, etc., if within the district;
[18]
Temporary and permanent erosion control measures
planned, such as sediment basins, stormwater basins, diversion, riprap,
stabilization seeding, etc.;
[19]
Temporary work roads to be used during projects;
[20]
Location and size of septic system; and
[21]
Method to contain spillage in fuel filling areas.
(b)
A storm drainage plan showing:
[1]
Locations of drains and culverts and names of streams, rivers,
ponds or reservoirs in the City into which they flow;
[2]
Discharge peaks and expected velocities at drain or culvert
outlets;
[3]
Conditions above and below outlets and expected flow velocities;
[4]
Supporting computations for the above; and
[5]
A grading plan showing existing topography and planned grade
along existing and/or proposed street or highway profiles.
(c)
A siltation and sedimentation control plan, including:
[1]
Sediment and erosion control structures such as diversions,
waterways, slope stabilization structures, sediment basins, etc.,
in sufficient detail to implement their installation, together with
referred standards for soil erosion and sediment as appropriate, and
design calculations as required for each structure;
[2]
Seeding and/or sodding requirements for all exposed areas, including
seedbed preparation, seed mixtures, lime, fertilizer and mulching
requirements with referenced standards;
[3]
Schedule or sequence of operation with starting dates for clearing
and/or grading, timing for storm drain and culvert installation, duration
of exposure of soils and critical area stabilizations, both temporary
and permanent. Indicate date when critical areas stabilization, paving,
seeding, mulching, or sodding is to be completed; and
[4]
General notes for sediment control that spell out the procedures
for implementing the plan.
(d)
The technical reference to be used to prepare and review site
plans is "Guidelines for Soil and Water Conservation in Urbanizing
Areas of Massachusetts," United States Department of Agriculture,
Soil Conservation Service, Amherst, Massachusetts. Specific guidelines
to be used include, but are not limited to:
[1]
Limit grading to only those areas actively undergoing current
construction;
[2]
The smallest practical area of land should be exposed at one
time during development;
[3]
Limit the length of time graded areas are exposed;
[4]
Provide temporary or permanent stabilization of disturbed areas
at the earliest opportunity. Limit exposure to less than 60 days;
[5]
Retain and protect as much of the natural vegetation as possible;
[6]
Permanent improvements such as streets, utilities, storm sewers,
vegetated waterways, and other features of the development should
be scheduled for installation to the greatest extent possible before
removing the vegetative cover from an area scheduled for building
construction;
[7]
Protect all fill slopes and cut slopes exceeding five feet in
height from storm runoff through the use of diversion berms, drop
chutes and other acceptable means;
[8]
Rough-graded rights-of-way awaiting installation of utilities
and/or pavement should be protected by the installation of interceptor
berms across the right-of-way to reduce the length of slope between
berms to not more than 250 feet; and
[9]
On sites where the above procedures are impractical or not acceptable,
where the topography permits, install sediment basins, desilting basins,
or silt traps to remove sediment from runoff waters.
(e)
A narrative statement detailing all the information set forth
below, if applicable:
[1]
A complete list of all chemicals, pesticides, fuels, or other
potentially hazardous materials, including but not limited to road
salt or de-icing chemicals, manure, and fertilizers or soil conditioners,
to be used or stored on the premises in quantities greater than associated
with normal household use, accompanied by a description of the measures
proposed to protect all storage containers from vandalism, corrosion,
and leakage and to provide for control of spills.
[2]
A description of all potentially hazardous wastes to be generated
in quantities greater than associated with normal household use, accompanied
by a description of the measures proposed to protect all waste storage
containers from vandalism, corrosion, and leakage and to provide for
control of spills.
[3]
For underground or aboveground storage of hazardous materials,
certification by a registered professional engineer that such storage
facilities or containers are:
[4]
For any proposed activity on a lot which will render more than
15% of the total lot area or more than 2,500 square feet impervious,
a system for groundwater recharge must be provided that does not degrade
surface water quality, by stormwater infiltration basins or similar
system covered with natural vegetation. Dry wells shall be used only
where other methods are infeasible. Such basins and wells shall be
preceded by oil, grease and sediment traps to facilitate removal of
contaminants.
[5]
For stockpiling or disposal of snow from outside the district,
earthmoving and alteration, storage of sludge or septage, manure storage,
treatment works, and/or discharge of process wastewater, a narrative
statement, prepared by a registered professional engineer, assessing
the impacts, if any, of the proposed activity on surface water and
surface water quality on the premises, adjacent to the premises, and
on any well field(s) down gradient from the proposed activity or use,
accompanied by a description of the measures proposed to protect such
well fields.
H.
Decision.
(1)
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Subsection G(3), that:
(a)
Surface water quality resulting from on-site wastewater disposal
or other operations on site shall not fall below the more restrictive
of federal or state standards for drinking water or, if existing surface
water quality is already below those standards, on-site disposal or
operations shall result in no further deterioration; and
(b)
Activities shall be designed to avoid substantial disturbance
of the soils, topography, drainage, vegetation, and other water-related
natural characteristics of the site to be developed.
(2)
Powers of the SPGA. The Planning Board may approve, approve
with conditions, or deny an application for a special permit that
is governed, in any manner, by the provisions of this section.
(3)
No variance. There shall be no variances granted from the regulations
of the Surface Water Protection Overlay District without a written
advisory report from the Gardner Board of Health.
I.
Miscellaneous provisions.
(1)
Relation to Groundwater Protection Overlay Districts. In those instances where a surface water supply is located near a groundwater well, the Zone A, Zone B and Zone C+ established herein and the Zone II established to protect the wellhead in § 675-520 may overlap one another. In such cases of overlap, the more stringent regulation shall apply.
(2)
Notice of enforcement. Written notice of any violations of this
section shall be given by the Building Commissioner to the responsible
person as soon as possible after detection of a violation or a continuing
violation. Notice to the assessed owner of the property shall be deemed
notice to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance. A copy of such notice shall be submitted
to the Planning Board, Board of Health, Conservation Commission, City
Engineer, Department of Public Works, and the Water Department.
(3)
Costs. The cost of containment, cleanup, or other action of
compliance shall be borne by the owner and operator of the premises.
A.
Purpose and applicability.
(1)
The purpose of this section 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 and 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.
Designation of overlay locations. The overlay locations designated
by Gardner City Council, in accordance with MGL c. 40A, § 5,
where ground-mounted large-scale solar photovoltaic installations
may be sited as of right. Said overlay locations are shown on the
Zoning Map of Gardner, Massachusetts, pursuant to MGL c. 40A, § 4.
This map is hereby made a part of this chapter and is on file in the
office of the City Clerk.
C.
AS-OF-RIGHT SITING
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
SITE PLAN REVIEW
SOLAR PHOTOVOLTAIC ARRAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval. As-of-right
development shall be subject to site plan review to determine conformance
with local zoning ordinances. Projects cannot be prohibited but can
be reasonably regulated by the Building Commissioner and/or person
designated by the Planning Board.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof mounted and has a minimum nameplate
capacity of 250 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).
Review by the Planning Board pursuant to § 675-1010 of this chapter.
An arrangement of solar photovoltaic panels.
D.
General requirements for all large-scale solar power generation installations.
The following requirements are common to all solar photovoltaic installations
to be sited in designated overlay locations:
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
(2)
Building permit and building inspection. No large-scale solar
photovoltaic installation shall be constructed, installed or modified
as provided in this section without first obtaining a building permit.
(3)
Fees. The application for site plan review for a large-scale
solar photovoltaic installation must be accompanied by a fee of $200
plus $50 per acre for each acre used to accommodate the solar photovoltaic
installation. All costs associated with advertising public hearing(s)
for site plan review shall be paid by the applicant.
(4)
Site plan review. Ground-mounted large-scale solar photovoltaic
installations with 250 kW or larger of rated nameplate capacity shall
undergo site plan review by the Planning Board 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 coproponents or property owners,
if any; and
[h]
The name, contact information and signature of
any agents representing the project proponent;
[2]
Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];
[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)
The Planning Board may waive documentary requirements as it
deems appropriate.
(5)
Site control. The project proponent shall submit documentation
of actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
(6)
Operation and maintenance plan. The project proponent shall
submit a plan for the operation and maintenance of the large-scale
ground-mounted solar photovoltaic installation, which shall include
measures for maintaining safe access to the installation, stormwater
controls, as well as general procedures for operational maintenance
of the installation.
(7)
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until written evidence has been
given to the Planning Board that the utility company that operates
the electrical grid where the installation is to be located has been
informed of the solar photovoltaic installation owner's or operator's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
(8)
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 10 feet;
provided, however, that where the lot abuts a residential district,
the front yard shall not be less than 50 feet.
[2]
Side yard. Each side yard shall have a depth of at least 15
feet; provided, however, that where the lot abuts a residential district,
the side yard shall not be less than 50 feet.
[3]
Rear yard. The rear yard depth shall be at least 20 feet; provided,
however, that where the lot abuts a residential district, the rear
yard shall not be less than 50 feet.
(b)
Appurtenant structures. No appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be located in
the front yard area. No appurtenant structures shall be located in
any side yard area nearer than 10 feet to the side lot line, or in
a rear yard area nearer than 15 feet. All appurtenant structures shall
be subject to reasonable regulations concerning the bulk and height
of structures, lot area, 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.
(9)
Design standards.
(a)
Lighting. Lighting of solar photovoltaic installations shall
be consistent with local, state and federal law. Lighting of other
parts of the installation, such as appurtenant structures, shall be
limited to that required for safety and operational purposes and shall
be reasonably shielded from abutting properties. Where feasible, lighting
of the solar photovoltaic installation shall be directed downward
and shall incorporate full cutoff fixtures to reduce light pollution.
(b)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article IX, Signs and Advertising Devices, of this chapter. A sign consistent with Article IX shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(c)
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 aboveground if required by the utility provider.
(10)
Safety and environmental standards.
(a)
Emergency services. The large-scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the Gardner 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.
(b)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and ordinances.
(11)
Monitoring and maintenance.
(a)
Solar photovoltaic installation conditions. The large-scale
ground-mounted solar photovoltaic installation owner or operator shall
maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Fire Chief 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.
Landscaping, including vegetation used for screening, shall be maintained
in good condition.
(b)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board.
(12)
Abandonment or decommissioning.
(a)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection D(12)(b) of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board and Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
[1]
Physical removal of all large-scale ground-mounted
solar photovoltaic installations, structures, equipment, security
barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary
to minimize erosion. The Planning Board may allow the owner or operator
to leave landscaping or designated below-grade foundations to minimize
erosion and disruption to vegetation.
(b)
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 six months without the written consent of the Planning
Board. If the owner or operator of the large-scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the City may
enter the property and physically remove the installation.
(c)
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event that the City 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 Planning Board. Such surety will
not be required for municipally owned 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. The Planning Board may request the proponent to
provide an update of the fully inclusive estimate of costs associated
with removal every five years following the issuance of a building
permit. The Planning Board may require the proponent to provide additional
surety based on the updated cost estimate.
A.
Purpose: to encourage commercial and industrial development and increase
redevelopment options in the Mill Street Corridor Urban Renewal Area
(MSCURA), to provide local employment and enhance the tax base while
protecting surrounding neighborhoods from land use conflicts. Redevelopment
options will be consistent with City-wide growth and development policies
within economically stressed areas within the MSCURA by providing
for additional uses as a matter of right and altering dimensional
requirements.
B.
Scope of authority.
(1)
The Mill Street Corridor Development Overlay District (MSCDOD)
shall only be applied over all parcels that are included in the Mill
Street Corridor Urban Renewal Area.
(2)
Any use permitted by right or special permit in the underlying
districts, as provided for by this section, shall continue to be permitted
in addition to all other uses permitted by the MSCDOD.
(3)
Site plan review. All developments proposed for MSCDOD shall undergo site plan review in accordance with § 675-1010. Site plan review shall apply to any new structure or group of structures under the same ownership on the same or contiguous lots that consist of 2,500 square feet or more of gross floor area; or any improvement, alteration, or change in use which results in an increase of 2,500 square feet or more of gross floor area.
(4)
Waivers. The Planning Board may modify or waive any requirement
of the overlay district upon finding that, due to topography, location,
or unusual conditions affecting the property, the requirements of
this section would unreasonably restrict development of the property.
In modifying or waiving these provisions, the Planning Board may impose
conditions it deems necessary to protect the public interest and promote
the orderly development of the corridor.
C.
Designation of Mill Street Corridor Development Overlay District.
Designation is limited to parcels that are included in the Mill Street
Corridor Urban Renewal Area due to the areas economic stress. Criteria
for measuring economic stress include vacancy rates, incidences of
arson, declining property values, building code violations, property
tax delinquencies and inclusion in ongoing revitalization efforts.
D.
Additional uses.
(1)
Properties included in the MSCDOD shall be permitted for the
following uses as a matter of right:
(a)
Library, museum, art gallery or civic center.
(b)
Country or tennis club, lodge building or other nonprofit social,
civic, conservation or recreational use.
(c)
Professional office and retail store, regardless of square footage.
(d)
Restaurant, fast food, including appurtenant structures to provide
drive-through or drive-in services.
(e)
Restaurant serving food or beverages with live or mechanical
entertainment.
(f)
Indoor amusement or recreation place of assembly, provided that
the building is so insulated and maintained as to confine noise to
the premises.
(g)
Commercial clubs and/or recreational establishments such as
swimming pools, tennis courts, ski clubs, camping areas, skating rinks
or other commercial facilities offering outdoor recreation.
E.
Dimensional requirements.
(1)
Any new structure, substantial improvement or alternative to
an existing structure involving more than 50% of that structure's
gross floor area shall be subject to the following:
(a)
Minimum lot size: 60,000 square feet.
(b)
Minimum frontage: none.
(c)
Front yard setback: none.
(d)
Side yard setback: 10 feet, or none if abuts commercial or industrial
use.
(e)
Rear yard setback: 20 feet, or 40 feet if abuts residential
zone.
(f)
Maximum building height: five stories or 60 feet.
(g)
Maximum lot coverage shall not exceed 85%.
(2)
Improvements or alterations to an existing structure involving
less than 50% of that structure's gross floor area shall not be subject
to dimensional requirements, except that the minimum lot size shall
not be less than 60,000 square feet and the structure shall not expand
in terms of percentage of lot coverage, and side and rear setbacks
shall be met.
F.
Design and preservation standards.
(1)
The provisions of § 675-750, Schedule of parking uses; loading areas, shall apply unless superseded by the following standards.
Parking Requirements
MSCDOD
| |
---|---|
Use
|
Parking Spaces Required
|
Retail store
|
1 space per 250 square feet gross floor area
|
Business or professional office
|
1 space per 300 square feet gross floor area
|
Restaurant, lodge or club, or other place of assembly
|
1 space per 4 seats plus 1 space per employee, or 1 space per
75 square feet of assembly area
|
Library, museum, art gallery, civic center, or recreational
facilities
|
2 spaces per 1,000 square feet gross floor area
|
Outdoor recreation
|
1 space per 1,000 square feet of recreational land area
|
(2)
Parking lot design. The provisions of § 675-770, Design requirements for parking lots, facilities, and drive-throughs, shall apply unless superseded by the following standards.
(a)
Sidewalks and pedestrian paths shall connect the lots to the
principal uses they will serve. Facilities and access routes for deliveries,
service and maintenance shall be separated, where practical, from
public access routes and parking areas. Car stops shall be provided
to prevent parked cars from damaging trees and shrubs or disrupting
pedestrian walkways.
(b)
The Planning Board may modify the above requirements for any
interior landscaped areas or islands that serve as vegetated swales
or bioretention cells.
(3)
Lighting and utilities.
(b)
All lights and illuminated signs shall be designed to prevent
objectionable light and glare from crossing property lines. Externally
lit signs, display, building and aesthetic lighting must be lit from
the top and shine downward.
(c)
All electric, telephone, television and other communication
lines, both main and service connections, shall be provided by underground
wiring.
(4)
Complete streets: Whenever a development within the MSCDOD fronts
a public way, complete streets design principles consistent with the
Timpany Boulevard Complete Streets Study, dated June 2015, shall be
incorporated into the design.
(5)
Projects shall take into consideration the preservation of sensitive
natural features, including streams and water bodies. Development
shall preserve the natural features of the site, avoid areas of environmental
sensitivity, and minimize alteration of natural features. If appropriate,
walking and hiking trails should be incorporated into the development
to enhance walkability within the development.
(6)
Bicycle accommodation.
(a)
Bicycle parking facilities shall be provided for any new building,
addition or enlargement of an existing building, or for any change
in the occupancy of any building that results in the need for additional
vehicular parking facilities. One bicycle space shall be provided
for every 10 vehicle parking spaces, up to a maximum of 25 spaces.
(b)
Parking for bicycles shall include provision for secure storage
of bicycles. Such facilities shall provide lockable enclosed lockers,
or racks, or equivalent structures in or upon which the user may lock
a bicycle.
(c)
Bicycle parking facilities shall be sufficiently separated from
motor vehicle parking areas to protect parked bicycles from damage
by motor vehicles. The separation may be accomplished through grade
separation, distance or physical barrier, such as curbs, wheel stops,
poles or other similar features.
(d)
Bicycle parking facilities shall be in a clearly designated
safe and convenient location. Whenever possible, the bicycle parking
shall be placed within 50 feet of building entrances and in well-lit
areas.
(7)
Landscaping and screening.
(a)
A registered landscape architect shall prepare a landscape plan
drawn to scale, including dimensions and distances. The plan shall
delineate all existing and proposed parking spaces or other vehicle
areas, access aisles, driveways, and the location, size and description
of all landscaping materials and tree cover.
(b)
Loading areas and service facilities (dumpsters, storage areas,
utility boxes, etc.) shall be placed to the rear of buildings in visually
unobtrusive locations. Screening and landscaping shall prevent direct
views of such areas from adjacent properties or from public ways.
Screening shall be achieved through walls, fences, landscaped berms,
evergreen plantings, or combinations thereof. Fences made of wood,
stone, or brick are preferred.
(c)
Heating, ventilating and air-conditioning (HVAC) units, telephone
boxes, electrical transformers, etc., shall be screened through use
of landscaping, berms, or fences and shall be as unobtrusive as possible.
Heating, ventilating and air-conditioning (HVAC) units may be located
behind roof ridgelines so they are not visible from the front view
of the building.
(d)
When a proposed development abuts a residential district, whether
presently developed or not, landscaped buffers shall be employed to
shield the residential property from view of the proposed development
and to minimize lighting and noise impacts. Such a buffer shall contain
a screen of plantings not less than three feet in width and six feet
in height at the time of planting and shall thereafter be maintained
by the owner or occupant to provide a dense screen year round. At
least 50% of the plants shall consist of evergreens. A solid wall
or fence, not to exceed six feet in height, complemented by suitable
plantings, may be substituted for such landscaped buffers.
(8)
Architectural standards.
(a)
The site plan application shall contain elevations of all proposed
buildings, prepared by a licensed architect.
(b)
Exterior materials for the front facade and any sides of buildings
fronting on public streets may include clapboard, wood shingles, stone,
brick, textured or coated concrete block, textured or coated precast
concrete, or materials of comparable appearance as approved by the
Planning Board. Applicants are encouraged to use green building technologies
and materials, wherever possible, to limit environmental impacts and
carbon emissions.
(c)
Architectural focal points. In any development with 10,000 square
feet or more of retail use, the principal building on a lot shall
have clearly defined, highly visible customer entrances featuring
at least two of the following: canopies or porticos; overhangs; recesses/projections;
raised corniced parapets over the door; peaked roof forms; arches;
outdoor patios; display windows; and planters or wing walls that incorporate
landscaped areas and/or places for sitting.