Town of Marion, MA Article VIII Special Provisions

§ 230-8.1 Flood Hazard District.

[Amended 12-15-1987 STM by Art. 15; 4-25-1988 ATM by Art. 26; 10-21-2019 STM by Art. 17; 5-10-2021 ATM by Art. 42]

A. The purpose of the Floodplain Overlay District is to:

(1) Ensure public safety by reducing the threats to life and personal injury.

(2) Eliminate new hazards to emergency response officials.

(3) Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

(4) Avoid the loss of utility services that if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

(5) Eliminate costs associated with the response and cleanup of flooding conditions.

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

B. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Marion designated as Zone A, AE, AH, AO, A99, V, or VE on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 6, 2021, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the one-percent-chance base flood elevations shown on the FIRM and further defined by the Plymouth County Flood Insurance Study (FIS) report dated July 6, 2021. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Department, and Conservation Commission.

C. The Building Commissioner is designated as the official floodplain administrator for the Town of Marion.

D. If the Town of Marion acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to: FEMA Region I Risk Analysis Branch Chief, 99 High St., 6th floor, Boston, MA 02110; and copy of notification to: Massachusetts NFIP State Coordinator, MA Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

E. Marion requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. Specific Marion requirements:

(1) There shall be no new residential construction of any sort on lots completely within the Marion Velocity Zone. The only exceptions are:

(a) Seawalls, piers, groins, wharves, weirs and similar structures are not prohibited by this section; and

(b) Lots created before the enactment of this bylaw whose areas lie completely within the Velocity Zone may be built upon, providing the structure(s) is located as far landward of mean high water as possible.

(2) In the case of lots created before the date of enactment of this bylaw and with areas both in the Velocity Zone and outside the Velocity Zone, all structures built after the enactment of this bylaw shall be located in the area outside the Velocity Zone. If this area is not sufficient to allow for the required zoning setbacks, the applicant may apply for a variance to allow lesser setbacks. The only exceptions are seawalls, piers, groins, wharves, weirs and similar structures.

(3) Every buildable lot created after the enactment of this bylaw shall have an adequate building area, plus the required setbacks outside the Velocity Zone, and all structures shall be placed within this area. The only exceptions are: seawalls, piers, groins, wharves, weirs and similar structures.

(4) The landward line of the Velocity Zone must be located on the official lot plan by a licensed surveyor and registered with the plan at the Massachusetts Registry of Deeds.

(5) Any use otherwise permitted or authorized by special permit in the district underlying the Flood Hazard District shall likewise be permitted or authorized by special permit in the Flood Hazard District subject to the special provisions of this section.

F. Marion's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

G. Any use otherwise permitted or authorized by special permit in the district underlying the Flood Hazard District shall likewise be permitted or authorized by special permit in the Flood Hazard District subject to the special provisions of this section.

H. For variance to building code floodplain standards, Marion will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files. Marion shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

I. A variance from local floodplain bylaws must meet the requirements set out by state law, and may only be granted if:

(1) Good and sufficient cause and exceptional nonfinancial hardship exist;

(2) The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(3) The variance is the minimum action necessary to afford relief.

J. All subdivision proposals and development proposals in the Floodplain Overlay District shall be reviewed to assure that:

(1) Such proposals minimize flood damage.

(2) Public utilities and facilities are located and constructed so as to minimize flood damage.

(3) Adequate drainage is provided.

K. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

L. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for flood proofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

M. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

N. 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. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Plymouth County Flood Insurance Rate Map (FIRM) dated July 6, 2021, encroachments are prohibited in the regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

O. In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

(1) Adjacent communities, especially upstream and downstream.

(2) Bordering states, if affected.

(3) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, 8th floor, Boston, MA 02114.

(4) NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.

P. In A1-30, AH, AE Zones, VI-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Q. Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.

R. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

S. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

T. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

§ 230-8.2 Water Supply Protection District.

[Amended 6-18-1990 STM by Art. 3; 5-12-2014 ATM by Art. 39; 10-21-2019 STM by Art. 18]

The purpose of the Water Supply and Aquifer Protection Districts is to promote the health, safety, and general welfare of the Town to protect, preserve, and maintain the existing and potential well sites and groundwater supply and watershed areas for the public health and safety; to preserve and maintain the existing and potential groundwater supply and ground water recharge areas within the Town for the public health and safety; to preserve and protect the streams, brooks, rills, marshes, swamps, bogs and other water bodies and watercourses in the Town; to protect the community from the detrimental use and development of land and water within the district; to preserve and protect the groundwater and water recharge areas within the Town; and to prevent blight and pollution of the environment.

A. District area (see Article III).

(1) There is hereby established within the Town an aquifer protection district which is delineated on the Zoning Map of the Town of Marion, dated May 12, 2014.

(2) Except as specifically provided otherwise, this section applies to the Water Supply and Aquifer Protection Districts hereby established. The Water Supply and Aquifer Protection Districts are superimposed on existing zoning districts. All uses, dimensional requirements, and other provisions of the bylaw applicable to such underlying districts shall remain in force and effect, except where the restrictions and requirements of the overlay district are more restrictive, the latter shall prevail.

B. Permitted uses.

(1) Within the Aquifer Protection District the only uses allowed are as follows:

(a) A single-family residence and uses accessory thereto connected to the municipal sewer prior to occupancy, providing all excavation and grading shall maintain a depth of at least four feet of clean fill above the high water table.

(b) A single-family residence and uses accessory thereto located on a lot not less than one acre in area, providing all excavation and grading shall maintain a depth of at least four feet of clean fill above the high water table.

(2) Within the Water Supply Protection District the requirements of the underlying districts continue to apply, except that uses listed in Subsection C are prohibited and all uses other than single-family residences and uses accessory thereto shall require a special permit pursuant to Subsection D.

C. Prohibited uses. The following are prohibited as a principal or an accessory use in a Water Supply Protection District. Where lawfully existing, such uses may be continued but not expanded, added to, or enlarged:

(1) Outdoor storage of salt, snow-melting chemicals, pesticides, herbicides, hazardous wastes or chemicals, and materials containing or coated with such chemicals susceptible to being carried into the surface or ground waters within the Water Supply Protection District.

(2) Junkyards, salvage yards, open and landfill dumps, manufacture of pesticides, fertilizers, weed killers and herbicides, and commercial facilities for the storage or treatment of hazardous waste.

(3) Disposal of hazardous toxic materials (as defined by federal and state regulations), solid waste, or hazardous toxic wastewater through an on-site subsurface disposal system.

D. Uses by special permit.

(1) All principal or accessory uses, other than those permitted in Subsection B, which are authorized in the underlying district and which are not otherwise prohibited by Subsection C, are permitted in a Water Supply Protection District upon issuance of a special permit by the Select Board, which shall consider the reports and recommendations of the Board of Health, Planning Board, and Conservation Commission.

[Amended 10-19-2021 STM by Art. 6]

(2) The Select Board may waive all or part of the submission requirements upon the submission of evidence by the applicant that the surface or groundwater drainage from the applicant's site is not contributory to a municipal well field.

[Amended 10-19-2021 STM by Art. 6]

(3) Submittals. The following information shall be submitted when applying for a special permit within the Water Supply Protection District:

(a) A complete list of all chemicals, pesticides, fuels, and other potentially toxic or hazardous material to be used and stored in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect them from vandalism, corrosion, and leakage and to provide for spill prevention and countermeasures.

(b) A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal method.

(c) For underground storage of toxic and hazardous materials, evidence of qualified professional supervision of system design and installation.

(4) Review and approval considerations.

[Amended 10-19-2021 STM by Art. 6]

(a) Special permits shall be granted only if the Select Board determined that at the boundaries of the premises the groundwater quality resulting from the on-site waste disposal, other on-site operations, natural recharge, and background water quality will not fall below the standards established by the DEP in "Drinking Water Standards of Massachusetts" or, for parameters where no standard exists, below standards established by the Board of Health, and wherever existing groundwater is already below those standards, upon determination that the proposed activity will result in no further degradation.

(b) A special permit issued by the Select Board shall be conditioned upon the following additional limitations to protect the water supply:

[1] Safeguards. Provisions shall be made to protect against toxic or hazardous materials discharged or lost through corrosion, accidental damage, spillage or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for toxic or hazardous materials, and indoor storage provision for corrodible or dissolvable materials.

[2] Location. Where the premises are partially outside the Water Supply Protection District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

[3] Disposal. For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.

[4] Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are infeasible and shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination.

[5] Monitor test wells. Where fertilizers, pesticides, herbicides or other potential contaminants are to be applied, utilized or stored, and in the opinion of the Select Board are a matter of concern, a groundwater monitoring program shall be established before the special permit is granted. Such a program shall adequately monitor the quality of the groundwater leaving the site through the use of monitor wells and/or appropriate groundwater sample analysis.

[6] Natural vegetation. Not more than 50% of natural vegetation, existing as of the effective date (June 18, 1990) of the adoption of this amendment to the bylaw on any lot, may be disturbed in any underlying district. However, to the extent that there is a finding that surface or groundwater drainage activity from the applicant's proposed use or activity on the site has decreasing, minimal or no impact on the municipal well field, the Select Board may relax the requirements of the preceding sentence, but in no event to a standard which is less restrictive than that set forth in the "minimum usable open space" paragraph of § 230-5.3B(2).

[7] Technical reference. The Select Board and applicants shall use the following technical references in the preparation and review of plans under this section: 310 CMR 22.00.

(5) Additional rules and regulations. The Select Board shall adopt additional rules and regulations relative to the issuance of a special permit under this section. Such rules shall consider, but need not be limited to, requirements to control causes of pollution to underground surface water.

[Amended 10-19-2021 STM by Art. 6]

§ 230-8.3.A Towers, windmills and radio transmitters.

[Amended 5-7-2010 ATM by Art. 27]

Towers, including windmills with rated power less than or equal to 60 kilowatts, radio transmitters and receivers, dish antennas, and similar structures may be permitted in all districts, provided they meet the following requirements:

A. Generating capacity in residential areas. Windmills for generation of electricity in residential areas shall have a maximum generating capacity of twice the requirements of the property owner of the same lot.

B. Setback requirements.

(1) Setback. The minimum setback distance for all towers from any abutter's property line shall be (and shall continue to be for the life of the installation) at least equal to the maximum height of the tower and its tower-mounted equipment plus 20 feet. Setbacks will be measured to the tower base.

(2) The Board of Appeals may grant a special permit for installations which do not meet the setback requirements if:

(a) All other conditions of this bylaw are met; and

(b) The waiver of the setback requirement does not, in the opinion of the Board, create a safety hazard and/or derogate substantially from the public good.

C. Tower height. All freestanding towers exceeding 35 feet in height and all towers exceeding 65 feet from grade when mounted on buildings require a special permit from the Board of Appeals. Special permits may be issued if the applicant can demonstrate to the Board that:

(1) It is necessary to extend higher than the limit for effective operation of the equipment to be mounted on the tower;

(2) The installation will not derogate substantially from the public good.

D. Tower access. Climbing access to the tower shall be restricted by limiting tower climbing apparatus to no lower than 10 feet from the ground, or, for towers that are climbable without climbing apparatus, the lowest 10 feet shall be covered with a smooth, unclimbable surface.

E. Maintenance. If a tower is designated a safety hazard by a registered professional structural or civil engineer, or if a tower is abandoned for more than two years, the owner of said tower shall be required to dismantle the tower. All tower-mounted equipment shall be operated in a safe and responsible manner.

F. Radio/Television interference. The applicant shall furnish the Building Commissioner or the Board of Appeals, if required as a condition to a special permit, a written commitment that any interference caused by the tower or equipment on the tower to local radio and/or television reception will be corrected within 60 days at the applicant's expense. If, in the opinion of the Select Board, noise is found to be excessive, as observed at the lot line of the lot on which the device is located, the owner shall reduce the noise to an acceptable level. Failure to comply with this subsection shall constitute just cause requiring the structure to be immediately removed.

[Amended 10-19-2021 STM by Art. 6]

G. Certification of structural design. Applicants for permits for towers must have the design of the tower certified as structurally safe by a registered professional structural or civil engineer before the permit can be issued.

§ 230-8.3.B Land-based commercial and public-partnered wind turbines.

[Amended 5-17-2010 ATM by Art. 27]

A. Application. This bylaw shall be limited in its use and application to only an applicant that has been formed and established as a partnership or similar business entity between a commercial or nonprofit organization and the Town of Marion pursuant to a written agreement which sets forth the terms and conditions of said partnership, and which has been approved and formally executed on behalf of the Town of Marion by the Select Board, with the advice and counsel of the Alternative Energy Committee.

[Amended 10-19-2021 STM by Art. 6]

B. Generating capacity. Land-based commercial-sized wind turbine facilities are defined as those turbines with a rated power greater than 60 kilowatts (60kW).

C. General requirements. Proposed wind turbine installations shall be consistent with all applicable Town, state and federal requirements, including, but not limited to, all applicable electrical, construction, noise, safety, environmental and communications requirements. The installation and operation of a wind turbine shall require the issuance of a special permit issued by the Board of Appeals (ZBA) pursuant to the requirements of § 230-7.2 of the Zoning Bylaw and those additional conditions contained in § 230-8.3B, Subsection L, below.

D. Dimensional requirements.

(1) Height. In no case shall the height of the tower exceed 480 feet. Site-specific requirements, see Subsection D(2) and (3) below, may require a lesser height. The height of a wind turbine shall be measured from natural grade to the tip of the rotor blade at its tallest point, or blade-tip length.

(2) Clear area: the area of a circle centered at the base of the wind turbine tower and having a radius equal to 1.0 times the height of the wind turbine. This area shall be clear of all buildings, critical infrastructure, or private or public ways that are not part of the wind turbine facility.

(3) Setback. The minimum distance from the nearest property line or residence to the center or base of the wind turbine shall be equal to three times the height of the wind turbine. The ZBA may reduce the minimum setback distance as appropriate based on site-specific considerations or written consent of the affected abutter(s) if the project satisfies all other criteria for granting of a building permit under the provisions of this section.

E. Noise requirements. The wind turbine shall conform to Massachusetts noise regulation 310 CMR 7.10. The Massachusetts Department of Environmental Protection Noise Level Policy established for implementing this regulation specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the "A" scale or 10 dB(A) due to the sound from the facility during its operating hours.

F. Visual requirements.

(1) Unless required by the Federal Aviation Administration (FAA), wind turbines shall not be lighted on a continuous basis. Lighting of equipment, structures, and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.

(2) The wind turbine structure shall be free of all company logos, advertising, and similar promotional markings. Signs on the facility shall be limited to those needed to warn of any danger; and educational signs providing information on the technology. All signs shall comply with the requirements of the Town's sign regulations.[1]

[1] Editor's Note: See § 230-6.2, Signs.

(3) The applicant shall minimize any impact on the visual character of surrounding neighborhoods and the community by painting the wind turbine structure a nonreflective color that blends with the surroundings. Wind energy facilities shall be sited and/or operated in a manner that minimizes shadowing or flicker impacts on the neighboring or adjacent uses.

G. Safety.

(1) No hazardous materials or waste shall be discharged on the site of any wind turbine facility. If any hazardous materials or wastes are to be used on the site, the special permit shall incorporate provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110% of the volume of the hazardous materials or waste stored or used on the site, may be required to meet this requirement.

(2) The wind turbine structure and facility shall also be designed to prevent unauthorized access (for example, by construction of a fenced enclosure or locked access, anti-climbing provisions, etc.).

H. Underground utilities. All electrical connections from the wind turbine, including any associated substations, to either the point of use for the electricity or to the grid shall be made via underground conduits.

I. Modifications. All modifications to a wind turbine installation made after issuance of the special permit shall require prior approval by the ZBA pursuant to MGL c. 40A, § 9 and the terms and conditions of this bylaw.

J. Reporting. After each wind turbine is operational, the applicant shall submit to the special permit granting authority, at annual intervals from the date of issuance of the special permit, a report detailing operating data for the wind turbine, including, but not limited to, days of operation, daily electrical energy production, total energy production, emergent maintenance events.

K. Monitoring and maintenance. The applicant shall maintain the wind turbine facility installation in good condition using a formal planned maintenance system based on historical experience, good engineering practice, and installed system and performance monitoring instruments. Such maintenance shall also include, but not be limited to, painting, maintaining the structural integrity of the foundation, support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping, if present.

L. Special permit.

(1) A special permit issued by the ZBA for the construction or operation of any wind turbine shall be valid for 20 years, unless extended or renewed. Upon request, the ZBA may extend the time period or renew the special permit if there has been satisfactory operation of the facility. Any special permit issued under this bylaw shall lapse within one year from the grant thereof if construction has not sooner commenced except for good cause as determined by the ZBA. Upon the lapse of a special permit, a new special permit must be issued before construction or installation of the wind turbine may proceed. Upon expiration or termination of the special permit, the owner shall remove the wind turbine facility. A special permit granted for a wind turbine facility requires that the ZBA make written findings as set forth in § 230-7.2 of the Zoning Bylaw and, in addition, conclude that the wind turbine facility will not unreasonably interfere with the use or enjoyment of property abutting the proposed wind turbine facility and property within 300 feet of the location of the wind turbine facility.

(2) Pre-application conference. Prior to the submission of an application for a special permit under this regulation, the applicant is strongly encouraged to meet with the ZBA at a public meeting to discuss the proposed wind turbine installation in general terms and to clarify the filing requirements.

(3) Pre-application filing requirements. The purpose of the pre-application conference is to inform the ZBA as to the general nature of the proposed wind turbine. As such, no formal filings are required to be presented at the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary drawings or to present manufacturer's drawings and specifications to inform the ZBA of the location and overall design of the proposed facility, as well as its scale, noise levels, and proximity to abutting residential structures.

(4) Application filing requirements. At a minimum, the following shall be included with the application for a special permit for each wind turbine. The ZBA may require additional information where it deems necessary to render a decision in the application for a wind turbine.

(a) Name, address, telephone number, and original signature (photo-reproductions of signatures will not be accepted) of applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind turbine.

(b) If the applicant or co-applicant will be represented by an agent, the name, address and telephone number of the agent shall be provided as well as an original signature authorizing the agent to represent the applicant and/or co-applicant. Photo-reproductions of signatures will not be accepted.

(c) Documentation of the legal right to install and use the proposed wind turbine and proof of control over the clear area, as required by Subsection D(1), (2) and (3) of this bylaw. A copy of the recorded deed to the property shall be sufficient for this purpose if the applicant is the record owner of the property.

(d) If the property is to be leased or subject to an easement, the applicant shall provide a copy of the lease or easement instrument.

(e) Identification of the subject property by including the name of the nearest road or roads, and street address, if any; Assessors map and parcel number of subject property; zoning district designation for the subject parcel with separately submitted locus map; a one-inch-equals-forty-feet vicinity plan, signed and sealed by a licensed professional land surveyor showing the following:

[1] Property lines for the subject property, and all properties adjacent to the subject property within 300 feet.

[2] Proposed location of the wind turbine(s), fencing, associated ground equipment, transmission infrastructure and access roads.

[3] The outline of all existing buildings, including their purpose(s) (e.g., residential buildings, garages, accessory structures, etc.), on the subject property and all adjacent properties within 300 feet, and the distances, at grade, from the proposed wind turbine to each building on the vicinity plan shall be shown.

[4] Existing (before) condition photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing conditions.

[5] Proposed (after) condition representations. Each of the existing condition photographs shall have the proposed wind energy conversion facility superimposed on it to accurately simulate the proposed wind energy conversion facility when built and illustrate its total height, width, and breadth.

[6] For wind turbines with hub heights of 165 feet (50 meters) or greater, sight-line representations must be provided. A sight-line representation shall be drawn from representative locations that show the lowest point of the turbine tower visible from each location. Each sight-line shall be depicted in profile, drawn at one-inch-equals-forty-feet scale. The profiles shall show all the intervening trees and buildings. There shall be at least two sight-line representations illustrating the visibility of the facility from surrounding areas as the closest residence or place of business, or nearby public roads or areas. Documentation of the wind turbine manufacturer and model, rotor diameter, tower height, tower type and foundation type/dimensions. Tower and foundation drawings and specifications signed by a professional engineer(s) licensed to practice in the Commonwealth of Massachusetts. Materials of the proposed wind turbine shall be specified by type and specific treatment. This information shall be provided for the wind turbine tower and all other proposed equipment/facilities.

[7] Colors of the proposed wind turbine shall be represented by a color board showing actual colors proposed. If lighting of the site or turbine is proposed by the applicant or required by the FAA, the applicant shall submit a copy of the FAA's determination to establish the required markings and/or lights for the structure. The applicant shall also submit a printout of a computer-generated, point-to-point simulation indicating the horizontal footcandle levels at grade, both within the property to be developed and 300 feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.

[8] The applicant shall provide a statement listing the existing ambient noise levels at the property boundaries of the proposed wind turbine and the maximum future projected noise levels from the proposed wind turbine. Such statement shall be certified and signed by a professional engineer licensed in the Commonwealth of Massachusetts, stating that noise projections are accurate and meet the noise standards of this bylaw and the Massachusetts noise regulation 310 CMR 7.10 and are acceptable under Massachusetts Department of Environmental Protection guidance for noise measurements.

[9] To ensure safe operation of the wind turbine, the applicant shall provide a statement from the wind turbine manufacturer giving the recommended maintenance procedures and schedule, and an operation and maintenance plan by the applicant to follow said procedures and schedule.

[10] The applicant shall provide a detailed business plan for the project, including but not limited to the goals of the project, the stakeholders, and the time line of anticipated activities.

[11] The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a cost-of-living adjustment for removals after 10, 15 and 20 years. The ZBA shall require the applicant to provide a form of surety (i.e., post a bond, establish an escrow account, or other) at the ZBA's election at the time of construction to cover the costs of removal in the event the Town must remove the facility. The amount of such surety shall be equal to 150% of the anticipated cost of compliance with this section.

[12] The applicant shall provide evidence that the utility company that operates the electrical grid where the facility is to be located has been informed of the customer's intent to install an interconnected customer-owned generator.

[13] The applicant shall identify the proposed clearing of natural vegetation for the construction, operation and maintenance of the wind turbine facility.

[14] The ZBA may require additional information and data from the applicant as it determines relevant to the application, in its sole discretion.

(5) Professional fees. The Town may retain a technical expert/consultant and legal services, pursuant to MGL c. 44, § 53G, to verify information presented by the applicant. The cost for such a technical/consultant and legal services, if needed, will be at the expense of the applicant pursuant to the terms and conditions of MGL c. 44, § 53G.

(6) Adjudication of special permit applications. The ZBA shall make a formal decision regarding each application for a special permit for a wind turbine. The ZBA shall base any decision pursuant to the requirements of § 230-7.2 of the Zoning Bylaw and the provisions of this bylaw.

M. Abandonment or discontinuation of use.

(1) Notification requirements. At such time that a wind turbine is scheduled to be abandoned or discontinued, the applicant will notify the ZBA and Building Commissioner by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, the facility shall be considered abandoned or discontinued if the wind turbine is inoperable for 180 consecutive days.

(2) Physical removal. Upon abandonment or discontinuation of use, the owner shall physically remove the wind turbine within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and the discretion of the ZBA. "Physically remove" shall include, but not be limited to: removal of the wind turbine and tower, all machinery, equipment shelters, security barriers and all appurtenances from the subject property, proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations, and restoration of the location of the wind turbine to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the "after" condition.

N. Change of owner. Once a special permit for a commercial wind turbine has been approved, the applicant shall duly record a copy of the special permit with the Plymouth County Registry of Deeds. All subsequent deeds to the property shall refer to the special permit and incorporate it by reference. All conditions under which the special permit was originally granted shall be binding on all successive owners of the property. In the event of a transfer of ownership, the original owner shall notify the Chief Executive Officer of the Town by certified U.S. Mail of the transfer in ownership within 30 days of the transaction.

O. Severability of provisions. The provisions of this bylaw are severable. If any provision of this bylaw is held invalid, the other provisions shall not be affected thereby. If application of this bylaw or any of its provisions to any person or circumstance is held invalid, the application of this bylaw and its provisions to other persons and circumstances shall not be affected thereby.

§ 230-8.4 Rear lots.

[Added 3-28-1989 STM by Art. 4; amended 3-10-1997 STM by Art. S3; 10-25-2004 STM by Art. S20]

Individual lots in Residence Districts need not have the required amount of lot frontage, provided that all of the following conditions can be met for each individual lot lacking such frontage:

A. The area of said lot is at least double the minimum area normally required for the district.

B. A building line is designated on the plan, and the width of the lot at that line equals or exceeds the number of feet normally required for street frontage in the district.

C. Lot width is at no point less than 35 feet, and lot frontage is not less than 35 feet. Frontage shall meet all of the requirements contained in the definition for "lot frontage" in Article XI herein.

[Amended 10-23-2023 STM by Art. S12]

D. Not more than one rear lot shall be created from a property, or a set of contiguous properties held in common ownership as of March 10, 1997. Documentation to this effect shall be submitted to the Planning Board along with the application for approval not required or definitive subdivision plans under the Subdivision Control Law.[1] The Building Commissioner shall not issue a building permit for any rear lot without first establishing that compliance with this provision has been determined by the Planning Board.

[1] Editor's Note: See Ch. 300, Subdivision Regulations.

E. At the time of the creation of the rear lot, it shall be held in common and contiguous ownership with the front lot.

F. The applicant shall submit a plan to the Planning Board under the Subdivision Control Law depicting both the rear lot and the front lot from which the rear lot was created.

G. Rear lots serving single-family structures shall have front, rear, and side yards equal to or in excess of those required in the district.

H. Any lot lawfully in existence as of June 1, 2004, that complied with the requirements of § 230-8.4 at the time said lot was created shall be considered in compliance with the frontage, area and width provisions of the Zoning Bylaw in effect at the time a building permit is sought for said lot and therefore be eligible for a building permit as a lot that conforms to zoning; provided, however, that the resulting structure shall comply with the front, rear, and side yard setback requirements under the Zoning Bylaw in effect at the time the lot was created.

§ 230-8.5 Surface Water District.

[Added 6-18-1990 STM by Art. 4]

A. Purpose.

(1) The purpose of this section is to provide municipal control of the use of coastal water areas which are not within any of the Town's land use zoning districts in order to protect and enhance the natural and man-made environmental qualities of the Town of Marion, encourage water-dependent uses where appropriate, and preclude uses which could evolve because other Town, state or federal laws and regulations do not provide sufficient protection of the public interest.

(2) All areas within the Surface Water District shall also be subject to the rules and regulations as are from time to time issued by the Marine Resources Commission or the Harbormaster in support of the authority granted under MGL c. 91 and further subject to any special bylaws as may be adopted by the Town, and further subject to the granting of licenses and/or permits required by the Town, state or federal boards or agencies exercising authority granted to them by laws other than MGL c. 40A.

(3) All traditional uses of the surface waters for recreational and commercial purposes shall be permitted except as otherwise set forth herein.

B. District boundaries. The district defined by these regulations shall cover all water areas within the municipal limits of the Town of Marion seaward of the low water mark as said mark is defined in Chapter 91 Regulations promulgated by the Massachusetts Department of Environmental Protection.

C. Prohibited uses. The following uses shall not be allowed within the Surface Water District:

(1) Boatels and similar facilities offering temporary sleeping and/or eating accommodations.

(2) Residential uses, except that a vessel equipped with a Type 3 holding tank or other Coast-Guard-approved wastewater device, and anchored or moored in accordance with applicable Town mooring regulations, may be used for human habitation for a period which cumulatively shall not exceed nine months within any calendar year.

(3) Floating office, industrial, and commercial uses except as they may be accessory to and allowed by special permit under § 230-8.5D.

D. Special permit uses.

(1) The Planning Board shall be the special permit granting authority. The following uses may be allowed within the Surface Water District only by special permit from the Planning Board:

(a) Boat launching ramps.

(b) Landing facilities.

(c) Marinas water-dependent, as defined by MGL c. 91, § 1.

(d) Piers, commercial.

(e) Service facilities for the repair or maintenance of vessels.

(f) Underwater sewer, water and electrical lines and pipes.

(2) The following uses may be allowed in both the Surface Water District and an adjoining residential land use district by special permit from the Planning Board:

[Amended 4-24-2000 ATM by Art. 26; 10-21-2019 STM by Art. 19]

(a) Association piers subject to the provisions of § 230-7.4D.

(b) Accessory use piers subject to the provisions of § 230-7.4C.

E. Special permit review procedure. Special permits shall be granted only after the Planning Board:

(1) Reviews the written recommendations of the Marine Resources Commission, Harbormaster, Select Board, Board of Health, and Conservation Commission. Upon receipt of the special permit application, the Planning Board shall forward a copy of the application to each of the above-named authorities for comment. Failure of any of the above-named authorities to submit written recommendations to the Planning Board within 35 days of the initial filing of the special permit application shall be deemed a favorable recommendation of said authority. If the Planning Board allows or denies a use which is contrary to the recommendations of the Marine Resources Commission, the Planning Board shall so state its reasons in writing when making the decision.

[Amended 10-19-2021 STM by Art. 6]

(2) Determines that the proposed use is consistent with the provisions of the Marine Land Use Plan or Master Plan and the Open Space Plan as they are from time to time adopted and amended.

(3) Determines that the proposed use is consistent with any Town of Marion Harbor Plan.

(4) Determines that the proposed use is a water-dependent use, meaning those uses and facilities which require direct access to or locations in marine or tidal waters and which therefore cannot be located inland (ref. MGL c. 91, Waterways Law).

(5) Determines that the landward facilities, such as parking and access ways, will not constitute an adverse influence on adjoining properties.

§ 230-8.6 (Reserved) [1]

[1] Editor's Note: Former § 230-8.6, Accessory apartments, added 11-13-2000 STM by Art. S7, as amended, was repealed 5-13-2025 ATM by Art. 34.

§ 230-8.7 Sippican River Protection Overlay District.

A. Purposes. The purposes of the Sippican River Overlay District are to:

(1) Prevent and control water pollution, especially from non-point sources, and thereby improve the water quality of the river;

(2) Promote the preservation of the scenic qualities of the natural landscape (indigenous vegetation) along the river;

(3) Prevent any additional disruptions to the natural flow of the river;

(4) Protect fisheries and wildlife habitat within and along the river;

(5) Control erosion and siltation;

(6) Enhance and preserve existing agricultural lands, floodplains and other environmentally sensitive areas along the shoreline;

(7) Conserve shore cover and encourage well-designed and environmentally sensitive developments and agricultural and other farming uses.

B. Scope of authority. All existing regulations of the Marion Zoning Bylaws applicable to the underlying district shall remain in effect, except that where the Sippican River Protection Overlay District imposes additional regulations, such regulations shall prevail.

C. District delineation. The area covered by this overlay district shall be all contiguous portions of the Sippican River in the Town of Marion, its shores and landward up to 200 feet from the normal high water line. All distances shall be measured in horizontal feet. The upstream boundary of the district is the Rochester Town line; the downstream boundary is a line drawn from the tip of Rose Point to the westerly line of the Town beach lot on River Road. This overlay district is shown on the Zoning Map of the Town of Marion, dated May 12, 2014.

[Amended 5-12-2014 ATM by Art. 39]

D. Permitted uses. The following uses are permitted within the district, provided they are in conformance with the river protection standards in Subsection G:

(1) Agricultural production, including raising of cranberries, livestock, poultry, nurseries, orchards, hay and other crops;

(2) Recreational uses, provided there is minimal disruption of wildlife habitat;

(3) Maintenance and repair usual and necessary for continuance of an existing use;

(4) Conservation of water, plants and wildlife, including the raising and management of wildlife;

(5) Emergency procedures necessary for safety or protection of property;

(6) Single-family residences on lots fronting on a way not requiring approval under the Massachusetts Subdivision Control Law, MGL c. 41;

(7) Maintenance of the river may be done under the requirements of MGL c. 131, § 40 and any other applicable laws, bylaws and regulations.

E. Prohibited uses.

(1) All uses of outboard motors, including jet skis, of any type on the river west of the County Road bridge;

(2) See Subsection G for limitations with the buffer strip;

(3) All other uses not specifically permitted or allowed by variance granted by the Zoning Board of Appeals within the overlay district are prohibited.

F. Additional site plan approval criteria. All residential subdivisions which require approval under MGL c. 41 shall require site plan approval from the Planning Board. In addition to the standards contained in MGL c. 41, the Planning Board shall also consider whether the use or uses proposed in the River Protection Overlay District meet the following criteria:

(1) Are situated on a portion of the site that will most likely conserve shoreland vegetation and the integrity of the buffer strip;

(2) Are integrated into the existing landscape through features such as vegetative buffers and through retention of the natural banks of the river;

(3) Will not result in erosion or sedimentation;

(4) Will not result in water pollution.

G. River protection standards. All land uses, including all residences developed on riverfront lots, shall comply with the following standards:

(1) A buffer strip extending 100 feet in depth, to be measured landward from the high water line of the Sippican River, shall be required for all lots within the River Protection Overlay District. If any lot existing at the time of adoption of this bylaw does not contain sufficient depth, measured landward from the high water line, to provide a one-hundred-foot buffer strip, the buffer strip may be reduced to 50% of the available lot depth, measured landward from the high water line.

(a) Within the buffer strip, no trees or other vegetation shall be harvested, cut, removed, thinned or otherwise disturbed other than:

[1] Cutting and removing of dead vegetation; or

[2] Selected cutting within the buffer strip when it will not cause significant adverse environmental impact with respect to the stability of the river bank and is subject to the following: no more than 50% of the live trees five inches or more in diameter breast height during any ten-year period, or the removal of more than 1/2 of the total vegetative cover within the portion of each parcel that is within the buffer strip.

(b) No building nor structures shall be erected or moved into the buffer strip.

(2) On-site disposal systems shall be located as far from the Sippican River as is feasible and shall conform to the provisions of 310 CMR 15, Title V of the Massachusetts State Environmental Code and the Marion Sanitary Code.

(3) All new development shall be integrated into the existing landscape on the property so as to minimize its visual impact and maintain the natural beauty of environmentally sensitive shoreline areas through use of vegetative and structural screening, landscaping, grading and placement on or into the surface of the lot.

(4) Runoff from all agricultural and farming activities and from new development, building or change in building or site must be contained within the development or site. There shall be no net increase in off-site runoff, nor any degradation of water quality in the water leaving the site.

H. Nonconforming use.

(1) Any lawful use, building, structures or parts thereof existing at the effective date of this bylaw, or amendment thereto, and not in conformance with the provisions of this bylaw, shall be considered to be a nonconforming use.

(2) Any existing use or structure may continue and may be maintained, repaired and improved but in no event made larger unless permission is granted by the Zoning Board of Appeals.

(3) Any nonconforming structure which is destroyed may be rebuilt on the same location, but no larger than its overall original square footage unless permission is granted by the Zoning Board of Appeals.

I. Hardships. To avoid undue hardships, nothing in this bylaw shall be deemed to require a change in design, construction or intended use of any structure for which a building permit was legally issued prior to the effective date of this bylaw. Such construction must be completed within two years from the effective date of this bylaw or such construction shall be required to conform to this bylaw.

J. Severance. If any section or part thereof of this bylaw is held to be invalid, the remainder of this bylaw shall not be affected thereby.

K. Definitions. As used in this section, the following terms shall have the meanings indicated:

BANK

That portion of the land surface which normally abuts and confines the river. The upper boundary of a bank is the first observable break in the slope or the mean annual flood level whichever is lower.

HIGH WATER LINE

A line located within a river bank that is apparent from visible markings, changes in character of solids or vegetation due to prolonged presence of water and which distinguishes predominantly aquatic land from predominantly terrestrial land.

§ 230-8.8 Adult uses.

[Added 3-10-1997 STM by Art. S8]

The following regulations shall apply to adult uses as defined herein.

A. Separation distances. Adult uses may be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from specified uses or zoning district boundaries:

(1) One thousand feet from the district boundary line of any residence zone;

(2) One thousand feet from any other adult use as defined herein;

(3) Five hundred feet from any establishment licensed under MGL c. 138, § 2.

B. Measurement of radius. The radius distance shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed adult use is to be located, to the nearest point of the parcel of property of the zoning district boundary line from which the proposed adult use is to be separated. In the case of the distance between adult uses [Subsection A(2)] and between an adult use and an establishment licensed under MGL c. 138, § 12 [Subsection A(3)], such distances shall be measured between the closest points of the buildings in which such uses are located.

C. Maximum usable floor area. With the exception of an adult cabaret or an adult motion-picture theater, adult uses may not exceed 2,500 square feet of gross floor area.

D. Parking requirements. The following parking requirements shall apply:

(1) Parking for adult bookstores, adult paraphernalia stores, and adult video stores shall meet the requirements of § 230-6.5 for general retail.

(2) Parking for adult cabarets and adult motion-picture theaters shall meet the requirements of § 230-6.5 for restaurants.

(3) Parking shall be provided in the side or rear yard area only.

(4) All parking areas shall be illuminated, and all lighting shall be contained on the property.

(5) Parking areas shall be landscaped in conformance with the appropriate provisions of this Zoning Bylaw.

E. Screening and buffers. A five-foot-wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five feet in height at the time of planting, or solid fence not less than five feet in height.

F. Visual access. All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

G. Application for special permit. The Planning Board shall be the special permit granting authority for the purposes of this § 230-8.8. An application for a special permit for an adult use establishment shall include the following information:

(1) Name and address of the legal owner of the establishment;

(2) Name and address of all persons having lawful equity or security interest in the establishment;

(3) Name and address of the manager;

(4) Number of employees;

(5) Proposed provisions for security within and without the establishment;

(6) The physical layout of the interior of the establishment.

H. Prohibition. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28.

I. Public hearing. An adult use special permit shall only be issued following a public hearing held within 65 days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.

J. Lapse. Any adult use special permit issued under the bylaw shall lapse within one year, not including such time required to pursue or await the determination of an appeal from the grant thereof, if substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause.

K. Severability. Any provision of this § 230-8.8, or portion thereof, declared invalid shall not affect the validity or application of the remainder of said section of this Zoning Bylaw.

§ 230-8.9 Driveways.

[Added 3-10-1997 STM by Art. S4]

A. General. For the purpose of promoting the safety of the residents of the Town, an application for a building permit for a residential structure shall include a plan, at a scale of one inch equals 100 feet, showing the driveway serving the premises, and showing existing and proposed topography at ten-foot or three-meter contour intervals. All driveways shall be constructed in a manner ensuring reasonable and safe access from the public way serving the premises to within a distance of 100 feet or less from the building site of the residential structure on the premises, for all vehicles, including but not limited to emergency, fire, and police vehicles. The Building Commissioner shall not issue a building permit for the principal structure on the premises unless all of the following conditions have been met.

B. Except in access strips of less than 50 feet width to rear lots, no driveway shall be located within 10 feet of any side or rear lot line without written approval by the appropriate abutter(s), or by special permit by the Planning Board after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

C. The distance of any driveway measured from the street line to the point where the principal building is proposed shall not exceed a distance of 500 feet, unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

D. The grade of each driveway where it intersects with the public way shall not exceed 8% for a distance of 20 feet from the travel surface of the public way unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

E. Driveways serving the premises shall provide access through the required frontage of the serviced lot, except in the case of a "common driveway" under Subsection F herein.

F. A common driveway with a single access point, serving not more than two lots, may be allowed on special permit by the Planning Board. A driveway with two access points, designed as a loop, serving three to six lots may be allowed on special permit by the Planning Board. A common driveway must satisfy all of the conditions in this § 230-8.9, as well as all of the following conditions:

[Amended 10-15-2001 STM by Art. S9]

(1) The center line intersection with the street center line shall not be less than 45°;

(2) A minimum cleared width of 12 feet shall be maintained over its entire length;

(3) A roadway surface of a minimum of four inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown, shall be installed;

(4) The driveway shall be located entirely within the boundaries of the lots being served by the driveway and not along a side or rear boundary line;

(5) Proposed documents shall be submitted to the Planning Board demonstrating that, through easements, restrictive covenants, or other appropriate legal devices, the maintenance, repair, snow removal, and liability for the common driveway shall remain perpetually the responsibility of the private parties, or their successors-in-interest; and

(6) A common driveway may never be used to measure or determine lot frontage.

§ 230-8.10 Wireless Communications Facilities (WCF) Overlay District.

A. Purpose. The purpose of this section is to establish areas in which wireless communications facilities may be provided while protecting Marion's unique community character. The WCF Overlay District has been created:

(1) To provide for safe and appropriate siting of wireless communications facilities consistent with the Telecommunications Act of 1996; and

(2) To minimize visual impacts from such facilities on residential districts and scenic areas within Marion.

B. Location. The WCF District shall be located as follows: Lot 14 on Assessor's Plan 6; Lot 54 on Assessor's Plan 15; Lots 9 and 18 on Assessor's Plan 24; Lot 14 on Assessor's Plan 26.

[Amended 10-28-1997 STM by Art. S2]

C. Applicability. The WCF District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning shall remain in full force and effect, except as may be specifically superseded herein.

D. Submittal requirements. As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein at Article IX. Applicants shall also describe the capacity of the facility, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity.

E. Special permit. A wireless communications facility may be erected in the WCF District upon the issuance of a special permit by the Planning Board if the Board determines that the adverse effects of the proposed facility will not outweigh its beneficial impacts as to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following:

(1) Communications needs served by the facility;

(2) Traffic flow and safety, including parking and loading;

(3) Adequacy of utilities and other public services;

(4) Impact on neighborhood character, including aesthetics;

(5) Impacts on the natural environment, including visual impacts;

(6) Potential fiscal impact, including impact on Town services, tax base, and employment;

(7) New monopoles shall be considered only upon a finding that existing or approved monopoles or facilities cannot accommodate the equipment planned for the proposed monopole.

F. Conditions. All wireless communications facilities shall be subject to the following conditions:

[Amended 10-15-2001 STM by Art. S16]

(1) To the extent feasible, service providers shall co-locate on a single facility. Monopoles shall be designed to structurally accommodate foreseeable users (within a ten-year period) where technically practicable.

(2) New freestanding facilities shall be limited to monopoles; no lattice towers shall be permitted. Monopole height shall not exceed 100 feet above mean finished ground elevation at the base of the mounting structure; provided, however, that a monopole may be erected higher than 100 feet where co-location is approved or proposed, not to exceed a height of 130 feet above mean finished ground elevation at the base of the mounting structure.

(3) Wireless communications facilities may be placed upon or inside existing buildings or structures, including water tanks and towers, church spires, electrical transmission lines, and the like. In such cases, the facility height shall not exceed 20 feet above the height of the existing structure or building.

(4) All structures associated with wireless communications facilities shall be removed within one year of cessation of use. The Board may require a performance guarantee to effect this result.

(5) To the extent feasible, all network interconnections from the communications facility shall be via land lines.

(6) Existing on-site vegetation shall be preserved to the maximum extent practicable.

(7) The facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting, lighting standards, landscaping, and screening.

(8) Traffic associated with the facility shall not adversely affect public ways.

(9) Fencing may be required to control unauthorized entry to wireless communications facilities.

(10) The setback of the WCF from the property line shall be determined by the Planning Board based on the specific proposal presented. In no case will the setback be less than 40 feet.

§ 230-8.11 Erosion control.

[Added 10-28-1997 STM by Art. S7]

Site design, materials, and construction processes shall be designed to avoid erosion damage, sedimentation or uncontrolled surface water runoff by conformance with the following:

A. Grading or construction which will result in final slopes of 15% or greater on 50% or more of lot area, or on 30,000 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation.

B. All such slopes exceeding 15% which result from site grading or construction activities shall either be covered with topsoil to a depth of four inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber.

C. No area or areas totaling one acre or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear stripped or be filled six inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity or an emergency situation, such as storm damage, where such temporary cover would be infeasible.

D. The Building Commissioner may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, necessary to ensure compliance with these requirements, including, if necessary, elevation of the subject property, description of vegetative cover and the nature of impoundment basins proposed, if any.

E. In granting a special permit, the Planning Board shall require a performance bond to ensure compliance with the requirements of this section.

F. Hillside areas, except naturally occurring ledge or bedrock outcroppings or ledge cuts, shall be retained with vegetative cover, as follows:

Average Percentage Slope	Minimum Percentage of Land to Remain in Vegetation
10.0% to 14.9%	25%
15.0% to 19.9%	40%
20.0% to 24.9%	55%
25.0% to 29.9%	70%
30.0% and above	85%

§ 230-8.12 Inclusionary housing.

[Added 4-29-2003 STM by Art. S1; amended 11-3-2003 STM by Art. S18; 7-20-2020 ATM by Art. 51]

A. Purpose and intent. The purpose of this bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with MGL c. 40B, §§ 20 through 23, and ongoing Town of Marion programs to promote a reasonable percentage of housing that is affordable to moderate-income buyers. It is intended that the affordable housing units that result from the bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development, and that said units count toward the Town's requirements under MGL c. 40B, §§ 20 through 23.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING UNIT

A dwelling unit that can be purchased at an annual cost that is no more than 30% of the homeowner's income, which is at or below 80% of the Town of Marion's median income as reported by the U.S. Department of Housing and Urban Development, including units under MGL c. 40B, §§ 20 through 23 and the Commonwealth's Local Initiative Program (LIP).

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER

An individual or family with a household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD).

C. Applicability.

(1) Division of land. This bylaw shall apply to the division of land held in single ownership as of April 29, 2003, or any time thereafter into six or more lots, whether said six or more lots are created at one time or the cumulative of six or more lots created from said land held in single ownership as of April 29, 2003, and shall require a special permit under Article VII of the Zoning Bylaw. A special permit shall be required for land divisions under MGL c. 40A, § 9 as well as for "conventional" or grid divisions allowed by MGL c. 41, §§ 81L and 81U, including those divisions of land that do not require subdivision approval.

(2) Multifamily dwelling units. This bylaw shall apply to the construction of six or more multifamily dwelling units, whether on one or more contiguous parcels in existence as of April 29, 2003, and shall require a special permit under Article VII of the Zoning Bylaw.

(3) The provisions of Subsection C(2) shall not apply to the construction of six or more single-family dwelling units on individual lots, if said six or more lots were in existence as of April 29, 2003.

(4) The Planning Board shall be the special permit granting authority (SPGA) for all special permits under this bylaw.

D. Mandatory provision of affordable units. The SPGA shall, as a condition of approval of any development referred to in Subsection C, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Subsection E.

E. Provision of affordable units.

(1) The SPGA shall deny any application for a special permit for development if the applicant for special permit approval does not comply, at a minimum, with the following requirements for affordable units:

(a) At least 5% of the lots in a division of land or units in a multifamily unit development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing 11 dwelling units shall require one affordable unit, a development proposing 21 dwelling units shall require two affordable units, and so on;

(b) The affordable unit(s) shall be constructed or rehabilitated on:

[1] The locus property; or

[2] A locus different from the one subject to the special permit (see Subsection I); or

(c) An applicant shall make a donation of land or pay a fee in lieu of affordable housing unit provision (see Subsection L below).

(2) The applicant may offer, and the SPGA may accept, any combination of the Subsection E(1) requirements, provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by the bylaw.

F. Provisions applicable to affordable housing units on- or off-site.

(1) Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.

(2) Minimum design and construction standards for affordable units. Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units.

(3) Timing of construction or provision of affordable units or lots. The SPGA may impose conditions on the special permit requiring construction of affordable housing according to a specified timetable, so that affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

Market-Rate Unit	Affordable Housing Unit
Up to 30%	None required
30% plus 1 unit	At least 10%
Up to 50%	At least 30%
Up to 75%	At least 50%
75% plus 1 unit	At least 70%
Up to 90%	100%
Any fractions of an affordable unit shall be rounded up to a whole unit.

G. Local preference. The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Select Board.

[Amended 10-19-2021 STM by Art. 6]

H. Marketing plan for affordable units. Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA, which describes how the affordable units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers. The plan shall be in conformance to DHCD rules and regulations.

I. Provision of affordable housing units off site. Subject to the approval of the SPGA, an applicant subject to this bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Subsection E off site. All requirements of this bylaw that apply to on-site provision of affordable units shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process.

J. Maximum incomes and selling prices: initial sale.

(1) To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns for the household and to certify in writing and prior to transfer of the title to the developer of the housing units or his/her agent, and within 30 days following transfer of title to the Marion Select Board or to another authority as stipulated by them that the annual household income level does not exceed the maximum established by the Commonwealth's Division of Housing and Community Development (DHCD) and as may be revised from time to time.

[Amended 10-19-2021 STM by Art. 6]

(2) The maximum price of the affordable housing unit(s) created under this bylaw is established by DHCD under the Local Initiative Program (LIP) guidelines in effect at the time the unit(s) is built.

K. Preservation of affordability; restrictions on resale. Each affordable unit created in accordance with the bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction, acceptable to DHCD, on the property, recorded at the Plymouth County Registry of Deeds or the Land Court, and shall be in force for a period of 99 years.

(1) Affordable housing unit(s) resale price. Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sales price as determined by the DHCD for affordability within the Town of Marion at the time of resale.

(2) Right of first refusal of purchase. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Town of Marion's right of first refusal for a period not less than 180 days to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

(3) The SPGA shall require, as a condition for special permit approval under this bylaw, that the deeds to the affordable housing unit contain a restriction requiring that any subsequent renting or leasing of said affordable housing unit shall not exceed the maximum rental price as determined by the DHCD for affordability within the Town of Marion.

(4) The SPGA shall require, as a condition for special permit approval under this bylaw, that the applicant comply with the mandatory set-asides and accompanying deed restrictions of affordability. The Building Commissioner shall not issue any building permit for any unit(s) until the special permit and deed restriction are recorded at the Plymouth County Registry of Deeds or the Land Court.

L. Donation of land and/or fees in lieu of the affordable housing unit provision. As an alternative to the requirements of Subsection E, an applicant may contribute a fee or land to the Marion Housing Trust Fund in lieu of constructing and offering affordable units within the locus of the proposed development or off site.

(1) Calculation of fees in lieu of units. The applicant for development subject to this bylaw may pay fees in lieu of the construction or provision of affordable units in the amount of $75,000 per unit. For example, if the applicant is required to construct two affordable income units, he/she may opt to pay $150,000 in lieu of constructing or providing the units. The fee in lieu of construction of affordable units shall be reviewed annually by the Select Board on or before July 1 and adjusted to reflect the current cost of constructing an affordable dwelling unit.

[Amended 10-19-2021 STM by Art. 6]

(2) Schedule of fees in lieu of payments. Fees in lieu of payments shall be made according to the schedule set forth in Subsection F(3) above.

(3) An applicant may offer, and the SPGA, in concert with the Select Board, may accept, donations of land in fee simple, on or off site, that the SPGA determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or set aside of affordable units. The SPGA may require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value.

[Amended 10-19-2021 STM by Art. 6]

§ 230-8.13 Municipal Solar Overlay District.

[Added 5-13-2013 ATM by Art. 31]

A. Purpose; bylaw objectives. The purpose of the Municipal Solar Overlay District is to identify and include on the Marion Zoning Map, with corresponding inclusion in the Zoning Bylaw, Town-owned real property on which the installation of solar PV systems without the need for a special permit would be compatible and consistent with the Marion Zoning Bylaw.

B. Definition. For the purpose of this bylaw and without intending to limit the interpretation of the same, "ground-mounted solar PV systems" shall include any engineered and constructed structure that converts sunlight into electrical energy through an array of solar panels that connect to a building's electrical system and/or the electrical grid.

C. Overlay district locations. The Municipal Solar Overlay District shall be defined as and include Lots 8, 9, 9C, and 9D as shown on Marion Assessor's Map 24. The provisions of this district shall be considered superimposed on and over the Zoning Map of the Town of Marion and shall hereinafter be referred to as the "Municipal Solar Overlay District." The uses and structures permitted in the Municipal Solar Overlay District shall be considered an addition to, and not conflicting with, the uses and structures permitted by the Zoning Bylaw and Zoning Map.

D. Allowable uses and structures. In addition to all other permitted and lawful uses and structures, within the Municipal Solar Overlay District the Town of Marion shall be permitted to construct, or have others construct, ground-mounted solar PV systems, provided that a building permit has been issued pursuant to the Massachusetts Building Code. No special permit shall be required for construction of ground-mounted solar PV systems within the Municipal Solar Overlay District. Submission to the Planning Board for minor site plan review and approval pursuant to § 230-9.1A of the Zoning Bylaw shall be as required by this bylaw (§ 230-8.13 et seq.), regardless of the minimum threshold requirements found in § 230-9.1A. In addition, a solar PV installation on the closed landfill within the Municipal Solar Overlay District also requires a MassDEP post-closure permit according to the MassDEP's Landfill Post-Closure Use Permitting Guidelines. All the provisions of the general or special laws relating to the use, lease and disposal of municipally owned property shall apply to any use or application of the Municipal Solar Overlay District.

§ 230-8.14 Protected use accessory dwelling units. [1]

[Added 5-13-2025 ATM by Art. 33]

A. Purpose. The purpose of this bylaw is to permit as of right protected use accessory dwelling units in accordance with Massachusetts General Laws Chapter 40A, Section 3, with the goal of increasing the production of housing to address statewide, local, and individual housing needs for households of all income levels and all stages of life. This will add much needed housing stock to address the Commonwealth's housing needs.

B. Definitions.

PROTECTED USE ACCESSORY DWELLING UNIT

(1) A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:

(a) Maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the State Building Code for safe egress;

(b) Is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 1,200 square feet, whichever is smaller.

(2) Any accessory apartments approved by special permit under § 230-8.6 prior to Month 1, 202X, shall be deemed to meet the requirements under this section.

C. General requirements.

(1) Protected use accessory dwelling units are allowed as of right in the following Zoning Districts: Residence A, Residence B, Residence C, Residence D, Residence E, General Business, Marine Business, Limited Business, and Limited Industrial.

(2) Not more than one protected use accessory dwelling unit shall be established on a lot.

(3) A protected use accessory dwelling unit shall not be owned separately from the principal dwelling with which it is associated.

(4) A protected use accessory dwelling unit may be attached to a principal dwelling, detached in an existing accessory structure, or detached in a newly constructed accessory structure.

(5) A protected use accessory dwelling unit shall have one additional dedicated off-street parking space, unless waived by special permit by the Zoning Board of Appeals upon a finding that sufficient off-street or on-street parking exists to support the protected use accessory dwelling unit. A protected use accessory dwelling unit located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station shall not require an additional dedicated off-street parking space.

(6) A protected use accessory dwelling unit shall not be used as a short-term rental, as defined in Massachusetts General Laws Chapter 64G, Section 1. The minimum leasing term for the protected use accessory dwelling unit shall be for a term greater than 31 days. Any accessory apartments approved by special permit under § 230-8.6 prior to February 1, 2025, may be used as a short-term rental.

(7) Any person or entity applying for building and occupancy permits under the State Building Code for a building that will include a protected use accessory dwelling unit, whether detached or attached, shall state in the application that the project proposes to include a protected use accessory dwelling unit.

(8) Protected use accessory dwelling units shall comply with all federal, state, and local laws and regulations, applicable to single-family residential dwellings in the zoning district in which the protected use accessory dwelling unit is proposed. These include, but are not limited to, (1) Title V (310 CMR 15.00) requirements for the siting, construction, inspection, upgrade and expansion of on-site sewage treatment and disposal systems and (2) a special permit in a floodplain or aquifer protection overlay if required for the principal dwelling unit.

(9) A protected use accessory dwelling unit in a sewer service area that is eligible for connection shall be connected to the public sewer system and shall comply with the Town of Marion Sewer Regulations. Any building permit shall be subject to review by the Department of Public Works as to the ability of the sewer system to accept additional capacity and/or identification of any specific conditions.

(10) A protected use accessory dwelling unit in a water service area shall be connected to the public water system. Any building permit shall be subject to review by the Department of Public Works for identification of any specific conditions.

D. Compliance. Protected use accessory dwelling units must satisfy the requirements as outlined in this bylaw, the State Building Code, the State Fire Code, and any applicable health regulations. If the protected use accessory dwelling unit has been built or is being operated in violation of the provisions of this section, the Building Commissioner may order corrective action and/or issue fines in accordance with § 230-2.1 and MGL c. 40A, § 7.

E. Effective date. This section (§ 230-8.14) shall apply to all building permits issued after February 1, 2025, for alteration of existing structures or construction of new structure.

[1] Editor's Note: The provisions of former § 230-8.14, Temporary moratorium on adult use marijuana establishments, added 2-15-2018 STM by Art. S1, expired 12-31-2018. See now Art. XVIII, Adult Use Marijuana Establishments.

§ 230-8.15 Short-term rental properties.

[Added 5-13-2025 ATM by Art. 36]

A. Purpose. The purpose of this section is to protect the health, safety, and welfare of both the occupants of short-term rental units and the general public and to maintain the quality of life in residential neighborhoods and the availability of the Town's housing stock. It will assist the Town in the enforcement of state and local health and safety regulations and provide a method of correcting violations when requiring immediate attention.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

OCCUPANCY

The use or possession of or the right to use or possess a short-term rental.

OCCUPANT (GUEST)

Any individual residing overnight in a short-term rental.

OPERATOR (HOST)

Any individual operating a short-term rental.

OPERATOR'S AGENT

An individual who, on behalf of an operator of a short-term rental: (i) manages the operation or upkeep of a property offered for rent, or (ii) books reservations at a property offered for rent. An "operator's agent" shall include, but not be limited to, a property manager, property management company, or real estate agent.

OWNER

Any person, as defined immediately below, who alone or severally with others has legal or equitable title or a beneficial interest in any dwelling unit; a mortgagee in possession; or agent, trustee, or other person appointed by the courts.

PERSON

An individual, partnership, trust or association, with or without transferable shares, joint-stock company, a corporation that is not publicly traded, society, club, firm, organization, institution, estate, receiver, trustee, assignee, or referee any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any other combination of individuals, directly or indirectly or through any agent, employee, stockholder, officer or other person or any subsidiary whatsoever acting as a unit, including a governmental unit other than the Town of Marion or any of its agencies.

SHORT-TERM RENTAL

A short-term rental is an owner-occupied, tenant-occupied, or non-owner-occupied property including, but not limited to, an apartment, house, cottage, condominium, or furnished accommodation that is not a hotel, motel, lodging house, or bed and breakfast, where:

(1) Unit is leased for 31 consecutive days or less;

(2) At least one room or unit is rented to an occupant or sub-occupant; and

(3) All accommodations are reserved in advance; however, private owner-occupied property shall be considered a single unit if leased or rented as such.

C. Short-term rental registration.

(1) Registration required. No owner shall rent or offer to rent, any short-term rental before registering with the Building Commissioner. No tenant or lessee of an owner shall let or sub-let a short-term rental under any circumstances.

(2) Compliance. A dwelling used as a short-term rental shall comply with the provisions of all state and local health and safety laws, ordinances, and regulations. Demonstration of compliance shall be in the form of an affidavit submitted as part of the registration application described in Subsection C(4) below. All necessary approvals shall be obtained from the Building Commissioner, Board of Health, and Fire Department before occupancy. Operators shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to noise, proper garbage and refuse receptacles, the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, except as otherwise specifically set forth herein.

(3) Application required. The owner of the dwelling shall be required to complete a short-term rental registration application, the form and content of which shall be provided by the Building Commissioner. The application for registration shall include at a minimum.

(a) 24-hour contact information;

(b) Proof of ownership;

(c) Description of the rooms or units to be rented;

(d) Proof of no outstanding taxes or fees owed to the Town of Marion;

(e) Copy of certificate of registration in accordance with MGL c. 64G, § 6;

(f) Copy of smoke detector, carbon monoxide detector certificate of compliance;

(g) Parking plan showing no more than one parking space per bedroom;

(h) Proof of Building Code compliance for occupancy;

(i) Proof of no outstanding Building, Sanitary, Zoning, or Fire Code violations; and

(j) A statement acknowledging that use of RVs, campers, or sleeping tents for use as short-term rentals is prohibited.

(4) Registration renewal. Short-term rental registrations shall be renewed annually (every year) after a satisfactory inspection by the Building Commissioner, or their designee, as required under 780 CMR 110.7 of the Massachusetts State Building Code, and upon payment of the renewal fee.

(5) Fees and applicable taxes. The fees for a short-term rental registration or a renewal of a registration are available at the Town Clerk's Office. Fees may be modified by the Select Board at a fee hearing.

(6) Non-transferability. Short-term rental registrations shall be granted solely to an owner and shall not be transferable or assigned to any other person, legal entity, or address. The registration does not run with the property; it shall be terminated upon the sale or transfer of the property for which the registration has been issued.

(7) Liability insurance. The owner shall maintain in the amount of $1,000,000 to cover the short-term rental use of the property pursuant to MGL c. 175, § 4F.

(8) Prohibitions. Use of RVs, campers, or sleeping tents for use as short-term rentals is prohibited.

D. Publication of registration number. The Town-issued registration number shall be included on any listing offering the short-term rental for rent.

E. Contact information of owner, operator, and/or operator's agent.

(1) An owner of a short-term rental shall provide the Building Commissioner with his/her current residential address and telephone number upon application for registration as well as a complete list of persons (as defined above) who have a direct or indirect interest in any property for which a short-term rental registration in the Town of Marion has been issued or for which a short-term rental registration application is pending.

(2) If the owner is a corporation, the name, address, and telephone number of the president/manager and legal representative of the corporation shall be provided. If the owner is a realty trust or partnership, the name, address, and telephone numbers of the managing trustee or partner shall be provided.

(3) The name and contact information of the operator must be provided, along with the name and contact information of an operator's Agent, if different from the operator, who can respond in person to any issues or emergencies regarding the condition or operation of the short-term rental that arise during occupancy within one hour of contact by the Building Commissioner, Board of Health, Marion Police, or Marion Fire Department to complaints. Contact information must include a telephone number that is available 24 hours per day, seven days a week to short-term rental occupants and the above-stated public safety agencies. This contact information shall be included in the application for a short-term rental registration and shall be posted conspicuously within the rental unit.

F. Posting of notices.

(1) The Town shall provide information to each registered operator summarizing the regulations for short-term rentals. For each short-term rental registration issued, this will include but shall not be limited to: the name and 24-hour contact information of the operator or operator's agent designated in the application, requirements for trash removal, occupancy requirements, parking, and noise restrictions.

(2) The operator shall:

(a) Provide short-term rental (STR) occupants a copy of the information under § 230-8.15E that is the contact information of the owner, the operator, and/or the operator's agent; and

(b) Post the information, along with the short-term rental registration, in a conspicuous location within the short-term rental unit.

G. Minimum rental duration. The short-term rental unit shall be rented for no less than two consecutive nights. Rental of the unit on an hourly basis is prohibited.

H. Trash. The short-term rental operator shall be responsible for ensuring that household trash is removed from the premises immediately after occupancy is concluded or at least once per week, whichever is more frequent.

I. Occupancy and requirements. The maximum number of occupants in a short-term rental shall be two per bedroom, plus an additional two. The number of individual bedrooms made available for short-term rental shall not be greater than the number of lawful bedrooms in the dwelling unit. All motor vehicles must be stored on the rental property.

J. Smoke detectors and carbon monoxide alarms. Each short-term rental shall contain functional smoke detectors and carbon monoxide alarms. Exit signs shall be displayed at each egress. In addition, the owner shall provide and maintain one 2.5 lb. multi-purpose fire extinguisher on each floor. Extinguishers shall be visible and maintained or replaced per the manufacturer's specifications. Any detector or alarm found to be defective shall be repaired or replaced by the owner forthwith. The occupant(s) shall be made aware to report faulty or inoperative smoke detector unit(s) to the owner of the dwelling.

K. Keeping of register. The operator or operator's Agent shall be responsible for keeping a register containing the name(s) of the occupant(s) who is the leaseholder, the total number of occupants, and dates of occupancy. The register shall be retained for two years and shall be made available upon request to the Building Commissioner, Board of Health, Fire Department, Police Department, or other duly appointed or authorized code compliance staff of the Town of Marion upon one day's notice.

L. Ineligible units. The following are not eligible to be rented or offered to rent as short-term rentals:

(1) Dwellings designated as below market rate or income-restricted, that are subject to affordability covenants, or that are otherwise subject to housing or rental assistance under local, state, or federal law;

(2) Dwellings subject to any requirement of local, state, or federal law that prohibits the leasing or subleasing of the unit or use of the unit as a short-term rental;

(3) Dwellings that are the subject of any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, or stop-work orders;

(4) Dwellings with unpaid taxes and/or municipal fees;

(5) Dwellings under construction; and

(6) Dwellings ineligible pursuant to Zoning Bylaw provisions relative to ADUs.

M. Failure to pay or to make suitable arrangements for the payment of municipal or district taxes, fees, assessments, and charges. The privilege of receiving or holding a short-term rental registration is contingent upon the timely payment of municipal and district taxes, fees, assessments, and charges. Failure of a person to comply with this requirement shall be cause, after notice and hearing under the requirements of MGL c. 40, § 57, for denial, suspension, amendment, or revocation of a short-term rental registration for all property in which the person holds a direct or indirect ownership interest, as above defined.

N. Inspections. Short-term rentals shall be subject to inspections by the Building Commissioner as required under 780 CMR 110.7 of the Massachusetts State Building Code.

O. Complaint process, violations.

(1) Complaint. A complaint alleging that a short-term rental violates this section, or any applicable law, code or regulation may be filed with the Building Commissioner. The complaint must contain the short-term rental address, unit number, date and nature of the alleged violation(s), and name and contact information of the complainant.

(2) Written notice of any violations of this section shall be treated as a complaint and written notice may be given by the Building Commissioner to the Police Department, Fire Department, and/or the Board of Health. The notice shall specify the nature of the violation to the occupant and owner and the time within which compliance must be achieved. The requirements of this subsection shall be satisfied by mailing such notice, through the United States Postal Service by certified mail, or by delivering in hand such notice as memorialized by an affidavit of any Town employee or officer authorized to serve any form of process notice to the owner or legal representative named on the registration application.

(3) Any notice required or contemplated by this section shall be deemed sufficient if delivered to or mailed to the mailing address listed by the owner on the short-term rental registration application then on file with the Building Commissioner. A written change-of-address notice signed by the owner(s) and delivered to the Building Commissioner may be filed at any time.

(4) Review of complaint. The Building Commissioner or his/her designee shall investigate the complaint(s) within three business days and shall determine whether there may be a violation. If the alleged violation is under the jurisdiction of another town, state, or federal agency, the Building Commissioner shall refer the complaint to such agency for further action. Upon a finding of a potential violation, the Building Commissioner or designee shall serve notice of the violation upon the owner of the short-term rental. The Building Commissioner shall keep records of all complaints received and determinations made.

(5) Offering an ineligible unit as a short-term rental. Any person who offers a unit as a short-term rental, where such a unit is not an eligible dwelling unit or is not registered, may be fined under the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation. The Building Commissioner or a designee may also seek an injunction from a court of competent jurisdiction prohibiting the offering of the unit as a short-term rental. Alternatively, the Building Commissioner may assess non-criminal disposition fines of $300 per day per violation for any violation(s) of this section pursuant to § 1-7 of the Marion Town Bylaws.

(6) Failure to obtain a registration. Any person who offers a dwelling unit as a short-term rental without a valid short-term rental registration, or any person who offers a dwelling unit as a short-term rental while the unit's registration is suspended, may be fined per the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.

(7) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued under this section by the Building Commissioner or a designee for a violation of any provision of this section may be fined under the fine schedule herein on a per violation per day basis. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.

(8) Right to hearing. A person upon whom a notice of violation has been served may request a hearing by filing a written petition requesting a hearing on the matter with the Zoning Board of Appeals. The procedures set forth in MGL c. 40A, §§ 8 and 15 shall apply to such an appeal.

(9) Violations of an unoccupied dwelling shall be corrected before occupancy. Violations found in an occupied dwelling shall be corrected within the time specified as determined by the Building Commissioner, Police Department, Fire Department, and/or the Board of Health.

(10) If a written petition for a hearing is not filed within 30 days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day's failure to comply with the notice of violation within the time allotted as issued or modified shall constitute a separate violation.

P. Registration suspension, modification and revocation. In addition to, and not in place of, the penalties that may be assessed under this section, the Building Commissioner, Police Department, Fire Department, and/or the Board of Health, after notice and public hearing, may suspend, revoke, or modify any or all registration approvals issued hereunder to an owner for violation of these regulations or of any conditions imposed by the Building Commissioner, Police Department, Fire Department, and/or the Board of Health. These remedies shall be non-exclusive.

Q. Judicial appeals. Any person aggrieved by a final decision of the Zoning Board of Appeals, or the Building Commissioner for a notice of violation or any other order issued under this section may seek relief therefrom in any court of competent jurisdiction.

R. Penalties.

(1) Any person who violates any provision of this section will receive a warning on the first offense; subsequent violations will result in escalating fines. Each day that a violation exists constitutes a separate offense. The fine schedule is available at the Town Clerk's Office.

(a) Warning 1st offense.

(b) 2nd offense.

(c) 3rd offense.

(d) 4th offense - and each subsequent offense.

(2) Each day that a violation exists constitutes a separate offense. The penalty and fine schedule are maintained at the Town Clerk's Office.

S. Enforcement. The Town may enforce the provisions of this section by any or all of the following: the non-criminal disposition process of MGL c. 40, § 21D and § 1-7 of the Town Bylaws; by seeking to restrain a violation by injunction; and/or by filing a complaint in any court of competent jurisdiction.

T. Regulations. The Building Commissioner, Board of Health, Fire Department, and/or the Police Department may adopt regulations, policies, and procedures for the implementation of this section.

U. Severability. Each provision of this section shall be construed as separate. If any part of this section shall be held invalid for any reason, the remainder shall continue in full force and effect.