Town of Plympton, MA Article VIII Special Districts

§ 300-8.1 Floodplain and Watershed Protection District.

[Amended 5-12-2021 ATM by Art. 9]

A. Local rules and regulations.

(1) Stated local purpose for flood resistant standards.

The purpose of this Floodplain and Watershed Protection District is to protect the health and safety of persons against the hazards of flooding, to conserve the value of land and buildings, to facilitate the adequate provision of a water supply through preservation and maintenance of the groundwater table, to protect and to preserve the marshes, bogs, ponds and watercourses and their adjoining wetlands, to encourage the most appropriate use of wetlands, to encourage the most appropriate use of the land and to preserve and increase the amenities of the Town.

Meeting these goals requires the Town to ensure public safety through reducing the threats to life and personal injury, eliminate new hazards to emergency response officials, prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding, avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding, eliminate costs associated with the response and cleanup of flooding conditions, and reduce damage to public and private property resulting from flooding waters.

This section does not grant any property rights; it does not authorize any person to trespass, infringe upon or injure the property of another; it does not excuse any person of the necessity of complying with other sections of this bylaw or other applicable laws, regulations or bylaws.

(2) Use of FEMA maps and supporting studies.

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Plympton 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, and are shown on the Zoning District Map of the Town of Plympton. The district may include land outside of the FEMA special hazard flood areas. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

Town of Plympton Panels
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The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

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

(b) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

(c) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

(d) Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);

(e) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

(f) Town of Plympton Wetlands Protection Bylaw, General Bylaws Chapter 290.

(3) Abrogation and greater restriction section.

A Floodplain and Watershed Protection District shall be considered to be superimposed over any other district established by this bylaw.

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

(4) Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

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

(6) Designation of community Floodplain Administrator. The Town of Plympton hereby designates the position of Conservation Agent of the Plympton Conservation Commission to be the official Floodplain Administrator for the Town.

(7) Requirement to submit new technical data. If the Town 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, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114.

(8) Variances to building code floodplain standards.

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

The Town 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 (i) 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 (ii) 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.

(9) Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these 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.

(10) Permits are required for all proposed development in the Floodplain Overlay District.

The Town of Plympton 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.

Permitted uses. Subject to the special conditions of this section, land in a Floodplain and Watershed Protection District may be used for any purpose otherwise permitted in the underlying district, except that no building or other structure shall be constructed except duck blinds or structures necessary for the cultivation of cranberries, agricultural or forestry uses, propagation of fish or any municipal recreational or conservation project.

Prohibited uses. No dumping, filling, storage, transfer, dredging or removal of any material which will reduce the natural water storage capacity of land or will interfere with the natural flow of water shall be permitted.

Uses by special permit. If any land in the Floodplain and Watershed Protection District is found by the Board of Appeals not, in fact, to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions, the Board of Appeals may grant a special permit for the use of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district, providing such use will not endanger the health or safety of the occupants thereof.

(11) Assure that all necessary permits are obtained.

Plympton'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.

Site plan. Whenever an application is made for a building permit on land which the Building Inspector believes may involve the use of land in the Floodplain and Watershed Protection District, s/he shall require the applicant for such permit to provide as part of such application a plan of the lot on which such building is intended to be built showing elevations above mean sea level at two-foot contour levels indicating the benchmarks used and certified by a registered land surveyor.

(12) Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

(a) Such proposals minimize flood damage;

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

(c) Adequate drainage is provided to reduce exposure to flood hazards.

(13) Base flood elevation data for subdivision proposals. 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.

(14) Unnumbered A Zones. 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 floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

(15) Floodway encroachment.

In Zones A, A1-30, AE, and X 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 FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(16) 

Watercourse alterations or relocations in riverine areas. Notification of watercourse alteration. In a riverine situation, the Conservation Agent of the Plympton Conservation Commission shall notify the following of any alteration or relocation of a watercourse:

(1) Adjacent communities.

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

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

(17) AO and AH zones drainage requirements. 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.

(18) Recreational vehicles. In A1-30, AH, AE Zones, V1-30, 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.

B. 

Definitions not found in the State Building Code.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (US Code of Federal Regulations, Title 44, Part 59)

FLOOD BOUNDARY AND FLOODWAY MAP

Means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. (US Code of Federal Regulations, Title 44, Part 59)

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (US Code of Federal Regulations, Title 44, Part 59; also Referenced Standard ASCE 24-14)

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (US Code of Federal Regulations, Title 44, Part 59)

HISTORIC STRUCTURE

Means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs. (US Code of Federal Regulations, Title 44, Part 59)

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. (Referenced Standard ASCE 24-14)

RECREATIONAL VEHICLE

Means a vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (US Code of Federal Regulations, Title 44, Part 59)

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. (Base Code, Chapter 2, Section 202)

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Base Code, Chapter 2, Section 202)

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (US Code of Federal Regulations, Title 44, Part 59)

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. (As amended by MA in 9th Edition BC)

VARIANCE

Means a grant of relief by a community from the terms of a floodplain management regulation. (US Code of Federal Regulations, Title 44, Part 59)

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. (US Code of Federal Regulations, Title 44, Part 59)

ZONES, FLOOD

Definitions of flood zones: The community shall use the pertinent definitions for flood zones delineated within the community. All of these terms are defined in the US Code of Federal Regulations, Title 44, Part 64.3.

ZONE A — Means an area of special flood hazard without water surface elevations determined.

ZONE A1-30 and ZONE AE — Means area of special flood hazard with water surface elevations determined.

ZONE AH — Means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.

ZONE AO — Means area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)

ZONE A99 — Means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)

ZONES B, C, AND X — Means areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)

ZONE V — Means area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONE V1-30 and ZONE VE (for new and revised maps) — Means area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area)

§ 300-8.2 Historic District.

Uses and structures in the Harrub's Corner Local Historic District shall be subject to the regulations applicable in the underlying district, subject to applicable provisions of the Historic District Bylaw.[1]

[1] Editor's Note: See Ch. 175, Historic District.

§ 300-8.3 Groundwater Protection Districts (GPD).

[Amended 5-17-2023 ATM by Art. 19]

A. Purpose and intent. The purpose of this district is to protect, preserve and maintain the existing and potential groundwater supply and recharge areas within the Town; to conserve natural resources in the Town of Plympton; to prevent temporary and permanent contamination of the environment; to promote the health, safety and general welfare of the community; to create overlay districts (see Groundwater Protection Overlay Districts Map[1]) which circumscribe aquifers and aquifer recharge areas and impose conditions where such are necessary to accomplish the purpose of the Groundwater Protection Districts, and for enjoying uses of the underlying land.

[1] Editor's Note: Said map is on file in the Town offices.

B. Scope of authority. The Groundwater Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new and existing construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities and uses in a portion of one of the underlying zoning districts that fall within the Groundwater Protection District must additionally comply with the requirements of this bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.

C. Definitions of districts.

(1) GPD Type I: areas identified as stratified drift expected to have transmissivities greater than 10,000 gallons per day per foot and well yields greater than 100 gallons per minute when mapped using U.S. Geological Survey methods; and/or areas where a combination of hydraulic conductivity in the saturated overburden materials and groundwater gradient will generate an expected groundwater seepage velocity in the overburden of more than 14 feet per day. GPD (Aquifer) Type I shall also include areas of the Town from which groundwater and surface water flow to major water supplies. These areas are based on the surface watershed boundary of Silver Lake and the groundwater contours sloping to the lake mapped in the report "Silver Lake Hydrological and Land Use Study," Pilgrim Area Resource Conservation and Development Council, 1988.

(2) GPD Type II: areas identified as stratified drift expected to have transmissivities between zero and 10,000 gallons per day per foot and well yields between zero and 100 gallons per minute when mapped using U.S. Geological Survey methods; and/or areas of till and shallow bedrock with little or no stratified drift where a combination of the hydraulic conductivity in the saturated overburden materials and the groundwater gradient will generate an expected groundwater seepage velocity in the overburden of more than five feet per day.

(3) GPD Type III: any portion of the Town that does not qualify as GPD Type I or II and/or areas of till and bedrock with little or no stratified drift and expected to have very low transmissivities and small well yields when mapped using U.S. Geological Survey methods; and where a combination of the hydraulic conductivity in the saturated overburden materials and the groundwater gradient will generate an expected groundwater seepage velocity in the overburden of less than five feet per day.

D. Boundaries of GPD.

(1) The Groundwater Protection Districts (GPD) include lands within the Town of Plympton which are encompassed by the areas designated on the maps entitled "Groundwater Protection Overlay Districts, Town of Plympton," dated March 25, 1991, and drawn to a scale of one inch equals 400 feet, which maps also show the lot lines of the land according to the Assessor's maps, and which are intended to include aquifer areas.

(2) The boundaries of the Groundwater Protection Districts are established by the vote of Town Meeting, and these boundary lines can only be changed or moved by the vote of Town Meeting. If there is dispute as to the proper location of these lines with respect to the field geologic conditions on any parcel, the owner of that parcel may seek an advisory opinion from the special permit granting authority (the Planning Board) as to the suitability of petitioning Town Meeting for a relocation of boundary lines, based on newly defined relocation of boundary lines, based on newly defined geologic conditions established by competent professional opinion. If so requested by the owner, the SPGA shall employ the services of competent professionals such as hydrogeologists or soil scientists, all at the expense of the petitioner, to investigate field conditions with regard to the respective GPD Type I, II or III as described in Subsection C, Definitions of districts. The evidence so produced shall be maintained in the records of the Town by the SPGA and shall be produced, along with any other pertinent evidence, whenever the issue of location of or redelineation of the boundary of a GPD comes before the Town Meeting.

E. Permitted uses.

(1) Subject to the requirements of the table in Section F hereof, the following uses are permitted within the Groundwater Protection Districts, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

(a) Conservation of soil, water, plants, and wildlife;

(b) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

(c) Foot, bicycle and/or horse paths, and bridges;

(d) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

(e) Maintenance, repair, and enlargement of any existing structure, subject to this bylaw;

(f) Residential development, subject to all Plympton building codes, Board of Health approvals, Conservation Commission approvals, and lot dimension requirements noted in Article V, Intensity of Use Regulations;

(g) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to all other related regulations found in Plympton bylaws;

(h) Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.

(2) Unless specifically prohibited by Subsection F hereafter, or unless a special permit is required for a conditional use under Subsection F, the uses permitted by the underlying zoning either as a matter of right or under a special permit shall continue to be permitted or allowed in the Groundwater Protection Districts, to the extent the same are permitted in the underlying zoning district.

F. Prohibited uses and uses allowed by special permit in GPD I, II, III:

		Prohibited in GPD Types:	Allowed by Special Permit in GPD Types:
1.	Disposal on-site of solid wastes, other than brush and stumps	I, II, III
2.	Storage of petroleum or other petroleum products except within buildings which it will heat, and except in connection with replacement of existing tanks	I, II, III
3.	Storage of petroleum or other petroleum products except in above-ground facilities with proper containment or within buildings which it will heat, and except in connection with replacement of existing tanks	II
4.	Activities principally using, testing, storing, transporting or disposing of toxic or hazardous substances	I, II, III
5.	The disposal on-site of hazardous wastes, toxic or hazardous substances, or radioactive materials	I, II, III
6.	The storage on-site of hazardous wastes, toxic or hazardous substances, or radioactive materials, except for storage of toxic or hazardous substances for agricultural purposes, provided such substances for agriculture are stored consistent with all state regulations	I, II, III
7.	The disposal of liquid or leachable wastes or liquids which do not meet the water quality standards of the Massachusetts Groundwater Discharge Permit Program, except in the pursuit of normal domestic activities and except as permitted into subsurface waste disposal systems subject to regulation under Title 5 of the State Environmental Code	I, II, III
8.	Storage of road salt or other de-icing chemicals, except as packaged for consumer use	I	II, III
9.	The discharge on-site of industrial process liquids	I, II, III
10.	The depositing of snow containing road salt or other de-icing chemicals which has been transported to a site from outside the GPD type area	I, II, III
11.	The permanent removal or regrading of the existing soil cover resulting in a finished grade within 10 feet of the spring high water level	I, II	III
12.	The application of pesticides for nondomestic, nonmunicipal or nonagricultural uses, provided that all necessary precautions are taken to prevent hazardous concentrations of pesticides in the water and on-site as a result of such application. Such precautions include, but are not limited to, erosion control techniques, the control of runoff water (or the use of pesticides having low solubility in water), the prevention of volatilization and deposition of pesticides and the lateral displacement (i.e., wind drift) of pesticides		I, II
13.	The application of Commercial Fertilizers for nondomestic or nonagricultural uses, provided that such applications are made in such a manner as to minimize adverse impacts on surface water and groundwater due to nutrient transport, deposition and sedimentation		I, II
14.	Where more than 15% of any lot is hereafter proposed to be impervious, a special permit shall be required to permit such use, on condition that water shall be recharged to the aquifer to compensate for all impervious lot coverage greater than 15%		I, II
15.	The mining of land, subject to environmental restrictions regarding the use, maintenance, storage and fueling of heavy equipment and vehicles at the site of the mining operation; appropriate restrictions on minimum mining elevations with regard to groundwater (no closer than 10 feet to the historical high groundwater table elevation); control of surface water runoff; and final reclamation		I, II
16.	The mining of land, except as incidental to the exercise of a permitted or conditional use hereunder		III

G. Special procedures regarding the issuance of special permits in the Groundwater Protection Districts. Conditional uses are permitted upon the issuance of a special permit by the special permit granting authority (SPGA). The SPGA is herein designated as the Planning Board.

(1) In addition to the requirements of the MGL c. 40A, § 9, and the rules and regulations of the SPGA, the following additional requirements shall apply:

(a) At least five copies of any proposed plan for development shall be submitted to the Town Clerk, who will transmit the materials to the SPGA.

(b) A topographic map of the site shall be provided at a scale of 1:40 or larger scale, from which surface runoff directions can be readily determined. This map shall be stamped by a registered land surveyor or a registered professional civil engineer, and shall include ground surface contours at an interval no greater than two feet.

(c) Evidence regarding the seasonal high groundwater elevation and direction of groundwater movement.

(d) A design to maintain aquifer recharge at pre-permit amounts where the impervious surface will exceed 15% of the lot area, and a design to cleanse and filter the runoff from such impervious surfaces recharged to the aquifer.

(e) For industrial or commercial uses, a spill prevention, containment, and emergency response plan to prevent contamination of soil, groundwater or surface water in the event of accidental spills or the release of toxic or hazardous substances on-site.

(2) The applicant may request in writing a waiver of any of the foregoing requirements in Subsection G(1) hereof, which request shall be communicated by the SPGA, within three business days of its receipt, to the Board of Health and the Conservation Commission (hereinafter, the "advisory bodies"). Unless the SPGA or one of the advisory bodies communicates its decision to require the materials sought to be waived within 30 days of the making of such request, the waiver may be granted by the SPGA.

(3) The SPGA shall provide copies of the application and all other submittals of the applicant, within three business days of filing, to the advisory bodies for their recommendations. A public hearing on the application for a special permit may not be held prior to 35 days following the filing of the application.

(4) In addition to any other requirements and conditions for granting a special permit, the SPGA, with respect to any application for a special permit in a GPD, shall make a finding that:

(a) The proposed use is consistent with the purpose and intent of the GPD.

(b) The proposed use is designed to avoid substantial disturbance of the soils, natural topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

(c) The proposed use will not, during construction or thereafter, have an unacceptable environmental impact on the groundwater supply.

(d) The proposed use will not adversely affect an existing or potential water supply, expressly including the quality and quantity thereof.

(e) In addition to any other considerations for a special permit in the underlying zoning district, the SPGA shall, in the case of commercial and industrial uses, impose appropriate conditions which prevent compaction and siltation of soil, loss of recharge, exfiltration from sewer pipes and contamination of the soil or groundwater by oil, chemicals, and nutrients. The proposed use must:

[1] In no way, during construction or thereafter, adversely affect the quality and quantity of the water supplies protected by the Groundwater Protection District; and

[2] Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

(5) All reports of any of the advisory bodies, whether favorable or unfavorable, shall be retained in the official files of the SPGA regarding the related application for a special permit and shall be made available to the public.

(6) In addition to the foregoing procedures for special permits, the SPGA may from time to time establish regulations dealing with materials required for submission, and the concerns which form the basis for decisions regarding special permit applications.

(7) Special permits shall be granted subject not only to designs approved by the SPGA and as submitted by the applicant, but also subject to performance requirements and a requirement that all designs function as intended.

(8) At the discretion of the SPGA, a suitable professional (civil engineer/hydrogeologist) may be hired to review all data and conclusions about impacts on the groundwater as submitted by the petitioner. The cost for this professional review shall be reimbursed by the petitioner to the SPGA.

H. Enforcement. Written notice of any violations of this bylaw shall be given by the Zoning Enforcement Officer (ZEO) to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Town Administrator. The cost of containment, cleanup, or other action of compliance shall be borne by the owner/operator of the premises.

I. Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of this bylaw.

§ 300-8.4 Wireless communications towers and facilities.

A. Purpose. The purpose of this bylaw is to establish appropriate siting criteria and standards for wireless communications towers and facilities, while minimizing adverse impacts on adjacent properties and residential neighborhoods, minimizing the overall height of such facilities to only what is essential, and promoting the shared use of existing facilities to reduce the need for new facilities.

B. Definitions. For purposes of this section, the following terms shall have the meanings indicated:

WIRELESS COMMUNICATIONS FACILITIES

Devices (other than a wireless communications tower) which are mounted on top of an existing building or structure (roof-mounted), mounted adjacent to the side or rear of an existing building or structure (side-mounted), or mounted to the facade of an existing building or structure (facade-mounted), designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.

WIRELESS COMMUNICATIONS SERVICES

The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service. Such services, it is anticipated, will be provided via wireless communications towers, including antennas and accessory structures, if any.

WIRELESS COMMUNICATIONS TOWER

A structure (with antennas, if any) designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.

C. Location. A wireless communications tower may be located by special permit only in an Industrial District. A wireless communications facility may be located in any district as permitted under the Table of Uses.[1]

[1] Editor's Note: See § 300-4.2, Schedule of Uses.

D. Submittal requirements. As part of the application for a permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein at § 300-6.7, as may be amended. Applicants shall also describe the capacity of the tower, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity, and any accessory structures. All calculations shall be certified by, and bear the stamp or seal of, a professional engineer licensed in Massachusetts. Any cost incurred by the Planning Board, its officers, boards and committees related to each application review shall be paid by the applicant.

E. Use restrictions for wireless communications towers. A wireless communications tower (including antennas and accessory structures, if any) may be erected in an Industrial District upon the issuance of a special permit by the Planning Board pursuant to Article VII, subject to site plan approval as set forth herein at § 300-6.7, as may be amended (without exemption due to size of structure), and subject to all of the following conditions:

(1) To the extent feasible, all service providers shall co-locate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year prior) technically practicable.

(2) New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot accommodate the wireless communications equipment planned for the proposed tower.

(3) Location.

(a) A wireless communications use shall not be allowed in any district if the proposed use would:

[1] Create visual blight that would impair historic vistas;

[2] Lower property values of nearby residences from which the use could be seen;

[3] Cause glare by the fact of its being lit; or

[4] Generate more than an aggregate decibel level of ambient noise, as measured at any existing property line, greater than 50 decibels.

(b) A wireless communications tower shall be located on a full-sized lot that satisfies all applicable dimensional requirements and shall not be co-located with other existing structures or uses on the same lot.

(4) Tower height shall not exceed 120 feet above the existing terrain.

(5) Setbacks; fall zone.

(a) A tower shall not be erected nearer to any property line, existing building than a distance equal to the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.

(b) No way (public or private) is permitted to exist within the fall zone of a wireless communications tower as follows:

[1] No way other than a driveway to allow access to tower operators, their agents, and public safety and enforcement officials shall be allowed to exist within the fall zone of a wireless communications tower.

[2] No tower shall be constructed in a location that has an existing way within its fall zone.

[3] No way shall be created within the fall zone of an existing tower.

[4] No way shall be constructed within the fall zone of a proposed tower which has an active permit application.

(6) No more than one such tower is permitted per lot.

(7) Accessory structures housing support equipment for towers shall not exceed 2,400 square feet in size and 15 feet in height, and shall be subject to site plan approval.

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

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

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

(11) Traffic associated with the maintenance of the tower and accessory facilities and structures shall not adversely affect abutting ways.

(12) Applicants proposing to erect wireless communications towers, accessory facilities and structures on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Plympton to conduct wireless communications services on municipally owned property.

(13) Any proposed extension in the height, addition of cells, antennas or panels, construction of a new facility, or replacement of a facility shall be the subject of a new application for an amendment to the special permit.

F. Use restrictions for wireless communications facilities. A wireless communications facility (other than a wireless communications tower) may be erected in an Industrial District upon the issuance of a special permit by the Planning Board pursuant to Article VII, subject to site plan approval as set forth herein at § 300-6.7, as may be amended (without exemption due to size of structure), and subject to all of the following conditions:

(1) Installation on existing buildings or structures shall be camouflaged or screened and designed to be harmonious and architecturally compatible with the building or structure. Any equipment associated with the facility shall be located within the building or structure to the extent feasible.

(2) No facility shall project more than five feet above the existing roof line of the building or structure, or more than five feet out from the plane of the existing wall or facade to which it is affixed, provided such projections do not otherwise violate existing yard dimension or setback requirements.

(3) Any proposed addition of cells, antennas or panels or replacement of a facility which required a special permit shall be the subject of a new application for an amendment to the special permit.

G. Nonuse. All unused towers or parts thereof or accessory facilities and structures which may not have been used for one year shall be deemed as abandoned by the Building Inspector and dismantled and removed at the owner's expense. Prior to issuance of a building permit for a wireless communications tower, the applicant is required to post with the Town Treasurer a bond or other form of financial security acceptable to said Treasurer in an amount set by the Planning Board. The amount shall be suitable to cover demolition in the event that the Building Inspector condemns the tower (or parts thereof or accessory facilities and structures) or deems it abandoned for more than a year. The Building Inspector shall give the applicant 45 days' written notice in advance of any demolition action.

H. Exemptions. The following types of wireless communications towers are exempt from this § 300-8.4:

(1) Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose;

(2) Towers used for the purpose set forth in MGL c. 40A, § 3;

(3) Satellite dishes and antennas for residential use.

§ 300-8.5 Residential Development Overlay District (RDOD).

[Added 5-14-2025 ATM by Art. 19]

A. Purpose. The purpose of the Residential Development Overlay District (RDOD) is to promote a lively, prosperous multi-family neighborhood close to existing municipal services and quality-of-life amenities. This bylaw encourages village-style residential developments that interact with the street. Specifically, this Bylaw is established to fulfill the following purposes:

(1) To encourage village-style development and build a range of market-rate housing to meet the demands of young families and seniors;

(2) Provide more affordable, income-restricted housing; and

(3) To meet the requirements of MGL c. 40A, § 3A.

B. Establishment and applicability.

The area known as the Residential Development Overlay District shall be established as an overlay district as shown on the official Town of Plympton Zoning Map, as amended. This section shall apply only to those uses allowed hereunder. For all other uses, the underlying zoning shall remain in full force and effect. The Planning Board may adopt, and amend, rules and regulations for the administration of this Bylaw that are consistent herewith.

All lots and improvements in the RDOD shall be governed by this § 300-8.5. If there is any conflict between § 300-8.5. and other requirements of this Zoning Bylaw, the provisions of this § 300-8.5. shall control, unless otherwise stated.

C. Site plan approval. As defined in § 300-6.7, Site plans, the Planning Board shall be the designated Site Plan Approval Authority. All proposed developments within the Residential Development Overlay District shall require site plan approval and shall be subject to the provisions of the aforementioned section, as may be amended from time to time. For the purposes of this § 300-8.5. Residential Development Overlay District, the requirements of Chapter 340 ("Site Plan Regulations") §§ 340-23 through 340-31 ("Development Impact Statement") shall not apply to Multi-Family Housing developments built in accordance with this § 300-8.5.

D. Definitions. For the purposes of this § 300-8.5, Residential Development Overlay District, the following definitions shall apply. Terms not defined herein shall have the meanings given under § 300-11.1 of these Zoning Bylaws or under MGL c. 40A.

ACCESSORY USE OR STRUCTURE

A use or a freestanding building or structure customarily incidental and subordinate to or necessarily essential to the principal permitted use or building, located on the same lot as the principal permitted use or building.

AFFORDABLE HOUSING UNIT

A unit that is subject to a restriction in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both. Affordable units are required to be, eligible for inclusion on EOHLC's Subsidized Housing Inventory. Nothing in this Bylaw changes the Subsidized Housing Inventory eligibility criteria, and no affordable unit shall be counted on the Subsidized Housing Inventory unless it satisfies the requirements for inclusion under 760 CMR 56.03(2) or any other regulation or guidance issued by EOHLC.

APPLICANT

A person, business, or organization that applies for a building permit.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Plympton, as defined by the U.S. Department of Housing and Urban Development.

AS OF RIGHT

Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. "As of right" uses may also be referred to as "by-right" uses.

EOHLC

The Executive Office of Housing and Livable Communities or any successor agency.

MULTI-FAMILY HOUSING

A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

SECTION 3A

Section 3A of the Zoning Act.

E. Permitted uses. The following uses are permitted as of right within the Residential Development Overlay District:

(1) Multi-family housing.

(2) Accessory uses. The following uses are considered accessory as of right to multi-family housing:

(a) Parking, including surface parking and parking within a structure such as an above ground or underground parking garage.

(b) Other accessory uses, provided they meet the definition of "accessory use or structure," as defined in § 300-8.5D, Definitions.

F. Dimensional Standards. Notwithstanding anything to the contrary in this § 300-8.5, the dimensional requirements applicable to uses in the Residential Development Overlay District are set forth in the Table of Dimensional Standards below. Landscaped buffer zones as defined in § 300-8.5G, General Development Standards, shall extend certain setbacks where required.

Table of Dimensional Standards
Dimension	Standard
Minimum lot size (square feet)	40,000
Maximum height (stories)	2
Maximum height (feet)	25
Maximum lot coverage1 (%)	60
Minimum open space (%)	25
Minimum lot frontage (feet)	100
Minimum front yard setback (feet)	40
Minimum side yard setback (feet)	40
Minimum rear yard setback (feet)	40
Maximum units per acre	16

(1) Multi-building lots. In the Residential Development Overlay District, lots may have more than one principal building.

(2) Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.

(a) Renewable energy installations. The Planning Board may waive the height and setbacks in § 300-8.5F. Dimensional Standards to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

G. General Development Standards. The following General Development Standards shall apply to the development of Multi-Family Housing within the Residential Development Overlay District, unless otherwise stated.

(1) Parking requirements. Multi-Family Housing developments within the RDOD shall include two parking spaces per dwelling unit. Projects with more than one principal building on a lot are strongly encouraged to share parking where feasible. Where possible, parking should be located behind the principal building(s) and should be screened from the primary right-of-way to encourage village-style neighborhood development.

(2) Signage. Free-standing signs are limited in number to one per principal structure. All signage shall comply with the standards set forth in § 300-6.1, Signs.

(3) Pedestrian amenities. Pedestrian amenities such as benches, public art, planters, trash receptacles, etc., shall be provided and located along sidewalks, and in landscaped areas, open spaces, and plazas.

(4) Crosswalks. All crosswalks shall be constructed to provide a change in color and/or-texture from the regular roadway surface. All crosswalks, sidewalks and walkways shall be ADA compliant.

(5) Lighting. All proposed projects shall conform with the standards set forth in § 300-6.9 ("Lighting systems and fixtures") and § 340-15, Site lighting.

(6) Landscaping and plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited. All proposed Multi-Family Housing developments shall conform with the standards set forth in § 340-14, Site landscaping, except for the open space requirements outlined in § 340-14D. The open space requirements for Multi-Family Housing shall be as set forth in § 300-8.5F herein.

(7) Utilities. All new utilities shall be placed underground.

(8) Stormwater management. Applicants must submit an Operations and Management Plan for both the construction activities and ongoing post-construction maintenance and reporting requirements that demonstrate compliance with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and § 340-16, Drainage, of Chapter 340, Plympton's Site Plan Regulations.

(9) Buildings. Horizontal facades greater than 100 feet should incorporate recesses and projections at a minimum of 10 feet in width and two feet in depth to limit massing.

(10) Buffers and screening.

(a) Screening for parking. Surface parking adjacent to a public sidewalk or an abutting property shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

(b) Additional screening. Exposed storage areas, machinery, dumpsters, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting uses and streets using plantings, fences, and other methods compatible with the goals of this by-law.

(11) Waivers. Upon the request of the Applicant the Planning Board may waive one or more requirements of this § 300-8.5G, General Development Standards in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the Residential Development Overlay District.

H. Affordability requirements. The purpose of this section is to provide housing that is affordable to low- or moderate-income households. It is intended that the affordable housing units that result from this section shall qualify as local action units (LAUs) under the Local Initiative Program (LIP), with requirements as defined in 760 CMR 56.00 and the LIP Guidelines. Said units shall count towards the Town's requirement under MGL c. 40B, §§ 20 through 23 and will be eligible for inclusion on the Subsidized Housing Inventory (SHI).

(1) Applicability. This requirement is applicable to all proposed residential developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, or reconstruction. No project may be divided or phased to avoid the requirements of this section.

(2) Provision of Affordable Housing. For all applicable projects, not fewer than 10% of housing units constructed shall be Affordable Housing Units. For the purposes of calculating the number of units of Affordable Housing required within a proposed project, a fractional unit shall be rounded down to the nearest whole number. The Affordable Housing Units shall be available to households earning incomes up to 80% of the Area Median Income (AMI).

(3) Development standards. Affordable Housing Units shall be:

(a) Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

(b) Dispersed throughout the development;

(c) Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage or electric vehicle charging stations) within the development;

(d) Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

(e) Distributed proportionally among unit sizes; and

(f) Distributed proportionally across each phase of a phased development.

(4) Deed Rider. All Affordable Housing Units shall have an Affordable Housing Deed Rider which regulates the future resale of the unit. This Deed Rider is to ensure that the unit is not converted to a market value unit in the future. The Applicant is required to prepare a Deed Rider for each Affordable Housing Unit that is consistent with that used in the LIP and the Regulatory Agreement approved by EOHLC for recording with the appropriate Registry of Deeds or Registry District of the Land Court. Said Deed Rider shall be approved by Town Counsel prior to the sale of the first Housing Unit.

(5) Local preference. The Applicant shall comply with the local preference requirements, if any, as established by the Select Board and to the extent such practice and its implementation are consistent with federal, state, and municipal laws and regulations.

(6) Administration. The Zoning Enforcement Officer shall be responsible for administering and enforcing the requirements of this section.

I. Invalidity and severability. The invalidity of any section or provision of this Bylaw shall not affect the validity of any other provision thereof and said section or provision shall be deemed severable.

J. Exemptions. The Planning Board shall have the right to waive strict compliance with the provisions of this by-law for municipal uses proposed within the Residential Development Overlay District.