Article V Special Regulations

The purpose of the historic reuse section is to preserve and enhance historically significant buildings and/or properties while maintaining the integrity of the neighborhood in which they were built. Historic preservation is encouraged through the redevelopment and/or reuse of such historic properties by allowing a variety of uses and incentives for such efforts. All such uses shall comply with the dimensional regulations of the zoning district in which the property is located.

An historic reuse project shall be developed with the following intent:

Preserve historically significant buildings through redevelopment and/or reuse that provides a variety of allowed uses.

Maximize the retention of distinctive materials, features, spaces, and/or spatial relationships of the building and/or buildings.

Comply with the design standards set forth by the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67).

Maintain the historic character of a property while providing incentives for preservation rather than razing an historic building.

Preserve architectural, cultural, and unique features common to an historic building and the time periods it represents, while utilizing distinctive materials, features, finishes, and construction techniques that emphasize the particular character of the property.

Support the Master Land Use Plan, Housing Plan, Historic Preservation Plan, and other associated planning efforts of the City.

Applicability and procedure for historic reuse projects.

Applicability and allowed uses.

Structures to be considered for historic reuse and preservation under this section shall be a minimum of 75 years of age and deemed historically significant by the Historical Commission or Historic District Commission.

Such structures that have been deemed historically significant shall be located within the R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, B, P, and CB Districts.

Historically significant buildings may be utilized for the following uses: uses permitted within the underlying zoning district; two-family dwelling (Table of Uses, Row 1B); multifamily dwelling (Table of Uses, Row 1C); home occupation (Table of Uses, Row 2A, and § 435-9); business or professional office (Table of Uses, Row 5A); artist live/work/gallery (Table of Uses, Row 1D); bed-and-breakfast; and a mixture of uses as allowed within this subsection.[1]

Editor's Note: The Table of Uses is included as an attachment to this chapter.

Renovation of existing carriage houses, barns, and other historic outbuildings is strongly encouraged.

Permit granting authority and permit procedure.

The applicant shall seek a determination of historic significance from either the Historical Commission or Historic District Commission prior to filing with the Planning Board.

Structures shall be a minimum of 75 years of age to be considered for historical significance and use of this section.

The historic significance of properties in any of the City's local historic districts as defined by Chapter 284, Historic Preservation, Article I, Historic Districts, of this Code shall be determined by the Historic District Commission.

The Historic District Commission shall grant a certificate of appropriateness or certificate of nonapplicability for any proposed work that falls under Chapter 284, Article I, before the applicant can utilize § 435-29.

In the event that modifications are made to the project after the certificate of appropriateness or certificate of nonapplicability is granted, the applicant shall seek approval for said modifications from the Historic District Commission.

For properties outside of the City's local historic districts, as defined by Chapter 284, Article I, the Historical Commission shall make a determination of significance and shall provide a list of historic features to be maintained, shall make a formal review of the proposed project architecture, and shall provide a formal recommendation to the Planning Board.

In the event that modifications are to be made to the project after the determination of significance and list of historic features is provided, the applicant shall first seek approval for said modifications from the Historical Commission. The Planning Board shall be the SPGA for this section.

All historic reuse applications shall be subject to the written procedures outlined in special permits (§ 435-46); site plan review (§ 435-47); the allowed use identified in § 435-29B(1)(c); and this § 435-29. Furthermore, residential projects shall comply with all provisions of § 435-35, Inclusionary housing, except for projects with fewer than 20 residential units, which shall be exempt.

Historic project requirements.

Project design and redevelopment.

Projects shall conform, at a minimum, to the standards set forth in the Secretary of the Interior's Standards for Rehabilitation at 36 CFR Part 67 et seq.

The original qualities and character, the distinctive architectural features, and the craftsmanship of the historic building shall be maintained through the redevelopment and/or reuse of the property.

Alterations, infill, and/or additions shall be limited to 75% of the square footage of the footprint of the existing structure. Alterations, infill, and/or additions shall be compatible in scale and design to the historic portion of the project. Such additions shall complement the historic nature of the property and shall not destroy, damage, and/or derogate from the historic integrity of the building.

Additions shall only be constructed on the side and/or rear of any building deemed to have historic significance.

Alterations, infill, and/or additions shall be expressly designed to retain the essential original form and integrity of the historic structure without detriment in the event that such new portions of the historic building were to be removed.

All reasonable efforts shall be made to minimize alterations to the defining characteristics of an historic structure. Moreover, compatible sustainable materials shall be used when making such alterations.

All efforts shall be made to the greatest extent feasible to restore and repair deteriorated and/or missing historically significant features and characteristics that define the time period which they represent. All replacement materials shall match the materials being replaced in composition, design, color, and texture to replicate the original construction of the structure.

All rehabilitated structures shall conform to the requirements set forth in § 435-27, Dimensional regulations.

The reuse and rehabilitation of historic carriage houses, barns, and other outbuildings is encouraged. Any historic, character-defining features on these buildings shall be retained and rehabilitated.

(j)

All efforts shall be made to the greatest extent feasible to protect the abutters and the neighborhood from any negative impacts caused by an increase in size of the buildings(s) and/or the new use(s) of the building(s) and property allowed by the historic reuse special permit.

Off-street parking and site improvements.

Off-street parking shall not be located forward of an imaginary line drawn through the front facade farthest from any front lot line. The Planning Board may waive this requirement if it determines that the site layout or location of the structure(s) makes this requirement unfeasible or that a better plan will result from such a waiver.

Off-street parking shall be screened and buffered by landscaping, fencing, and/or other natural features.

Off-street parking shall be in compliance with § 435-24A(1).

All utilities shall be located underground; mechanical equipment shall be screened with fencing and landscaping; HVAC units shall be located to the rear of the building. Use of rooftop mechanical equipment shall be architecturally screened.

Any new construction shall be sited to maintain historic viewsheds and other historic landscape features that contribute to the property's character such as gardens, fields, or stone walls.

Residential units.

Residential units shall not be less than 600 square feet of area.

§ 435-30 Automatic car wash and/or self-service car wash.

Entrances shall be separate where an historic reuse project contains both residential and nonresidential uses.

Historic reuse provisions. No structure shall be erected, enlarged, or modified, nor shall land be divided, subdivided, or modified, prior to the granting of said special permit or prior to the submittal of an application to the Historical Commission or the Historic District Commission for a determination of historic significance.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Procedure for waiver. An historic reuse project shall comply with § 435-29 in its entirety to the greatest extent feasible. However, the Planning Board may waive the requirements for § 435-29C by a four-fifths vote where such waivers will allow for better design and/or improved protection of historic resources. No waiver shall be allowed to be granted to remove or modify the architectural conditions imposed by the Historical Commission or the Historic District Commission.

Variance. A variance authorizing a use or activity not otherwise permitted in the zoning district or allowed by this section shall be prohibited.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Automatic or self-service car washes constructed after the adoption of this section shall require review and approval in conformance with the provisions of this section. The Planning Board shall be the review and approval authority for permits granted under this section. Automatic and/or self-service car washes shall be designed and operated according to the following standards:

Every new automatic or self-service car wash facility must provide an on-site, defined, paved area for the queuing of motor vehicles awaiting wash. The queuing area shall be designed to achieve the following objectives:

Accommodate the maximum queue expected during peak operating period. The applicant shall supply the Planning Board with estimates of demand during peak operating periods which form the basis for site design.

No queuing shall be permitted onto a public or private vehicular way or pedestrianway open to use by the general public.

Exit drives from every automatic or self-service car wash facility shall be designed to prevent water from the car wash from collecting within vehicular or pedestrian rights-of-way in or adjacent to the subject site.

Every automatic or self-service car wash facility must include water reclamation to the maximum extent feasible.

The following additional provisions shall be applicable only to automatic car wash facilities:

Every automatic car wash facility must have a mechanical dryer operation at the end of the wash cycle;

Every automatic car wash facility must have a drip time in the wash cycle between the last application of water and the blower;

The Planning Board may also require that an attendant be assigned exclusively to the automatic car wash facility during all hours of operation.

The following additional provision shall be applicable to self-service car wash facilities: Every self-service car wash facility shall have an on-site, defined, paved surface for drying and vacuuming vehicles. This area shall be separate from and outside of the wash bays and of sufficient area to accommodate peak period demand.

Application.

An applicant proposing to construct an automatic or self-service car wash shall submit a site plan application which shall include the following information:

A locus map.

The location and dimensions of all buildings and structures; lot and street lines and intersections within 300 feet; and zoning classification, ownership and use of all parcels immediately abutting the subject site.

A traffic impact assessment, which shall include the projected peak-hour and daily traffic generated by the car wash on roads and ways in the vicinity of the development; sight lines at intersections of proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed car wash; and projected post-development traffic volumes and levels of service of the intersections and streets likely to be affected by the proposed car wash.

The location and dimensions of all driveways, maneuvering spaces, queuing areas, parking spaces, employee parking as is appropriate, and proposed circulation of traffic.

The extent of impervious surfaces and the provisions for management of stormwater as well as water used to wash vehicles. Drainage computations and limits of floodways shall be shown where applicable. Snow disposal areas shall also be shown.

The location, dimension and type of materials for open space, planting and buffers.

A polar diagram showing direction and intensity of outdoor lighting.

Any additional information required by the Planning Board to ensure compliance with this § 435-30.

The Planning Board may waive any of the above requirements.

Any application for review and approval of an automatic and/or self-service car wash shall be subject also to site plan review under § 435-47B. Such application should be provided concurrently. The application process, review procedure and decision process for this section shall follow the application process, review procedure and decision process, as applicable, under site plan review, § 435-47.

In granting approval of an application for an automatic or self-service car wash, the Planning Board may attach conditions, limitations and safeguards as are necessary. Such conditions shall be in writing and shall be part of such approval. Such limitations may include the conditions set forth in § 435-47H of this chapter, and may also include the additional condition set forth below:

§ 435-31 Geriatric Care/Elderly Housing District.

Conditions to permit the Planning Board to evaluate the facility after one year of operation to determine that the conditions are sufficient.

The failure to conform to and maintain the foregoing standards may result, after hearing before the Planning Board, in revocation of any permit issued hereunder.

Purpose and intent. The purpose and intent of a Geriatric Care/Elderly Housing District is to encourage the development of a continuum of geriatric care facilities, including housing and community services for the elderly, with a design compatible with the surrounding neighborhood and internally cohesive.

Applicability. The Geriatric Care/Elderly Housing District may be applied only to single or contiguous lots containing a total of at least 20 acres of land. No individual use (including each subcomponent of permitted uses) shall consist of more than 50% of the potential floor area allowed in the district. Individual lots in the district may be developed for one or more buildings.

Permitted uses. No building or structure shall be constructed, used, or arranged or designed to be used in any part and no change shall be made in the use of land or premises except for one or more of the following purposes:

Housing for the elderly, including independent living housing, congregate living housing, assisted living housing and nursing homes, and related facilities, provided that at least one occupant of each housing unit shall have attained the age of 55 and any other occupants of each housing unit shall have attained the age of 50.

Health care facilities and services for the elderly, including nursing care facilities, geriatric hospital facilities, hospice facilities, and rehabilitation centers and programs, home health services and medical offices.

Community and social services primarily for the elderly, day-care centers for children or the elderly, places of worship, transportation services, meals on wheels and related elder care services.

Gardens and greenhouses.

Cultural and educational centers for cultural and educational programs, events and performances. Only one such facility available for use by the general public shall be permitted within a district. The total combined indoor and outdoor seating capacity of such facility shall not exceed 200 seats. Additional rooms, designed for educational or cultural programs for the residents and staff of the district, shall be permitted.

Health club facilities and recreation facilities, intended for the primary use and convenience of the residents and staff of the Geriatric Care/Elderly Housing District and elderly residents, age 55 and older, of the City of Framingham, such as swimming pools, exercise facilities and tennis courts.

Passive recreation buffer areas for the installation, repair and maintenance of footpaths and trails, underground utilities, and public access and drainage easements.

Outdoor recreational facility, as defined in § 435-5A.

(9)

Accessory uses. Retail sales and services, including restaurants, snack bars, gift shops, laundry services, barber/beautician, banking and financial services, businesses and professional offices, and personal services not specifically noted elsewhere in this section, subject to the following conditions:

Accessory uses shall be primarily for the use and convenience of the elderly residents living and service staff working within the Geriatric Care/Elderly Housing District;

Accessory uses may not exceed 5% of the total floor area of all permitted uses that may be built in the Geriatric Care/Elderly Housing District;

No accessory use, other than a restaurant, may occupy more than 1,000 square feet;

Capacity of a restaurant shall not exceed 60 seats;

Accessory uses shall be wholly within a building and shall have no exterior advertising display.

The following uses shall require a special permit from the Zoning Board of Appeals:

§ 435-32 Wireless communications facilities.

Indoor nonprofit recreational facilities such as swimming pools, tennis court, skating rink, or children's camp or center.

Purpose. This section is designed to provide guidance for the installation of towers, antennas and other communication structures for all types of wireless communications within Framingham. This section will establish standards to protect the interests of the general public, provide for public safety, and minimize visual impacts on residential districts.

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

Above ground elevation at base of mounting structure.

ANTENNA

A device, attached to any structure, for the purpose of transmitting or receiving wireless communication.

ART

Above rooftop of supporting building, including any penthouse, parapet or other similar structure extending above the rooftop.

TOWER

Any structure to which an antenna may be attached for the purpose of transmitting or receiving wireless communications, including lattice or monopole towers, water towers, and church steeples.

WIRELESS COMMUNICATIONS FACILITY (WCF)

Any structure or device that is used for the express purpose of conducting wireless communication, including antennas, towers, satellite dishes, or equipment for transferring wireless transmissions with or without a building to house and/or maintain such equipment.

General requirements.

Basic requirements.

A wireless communications facility [which shall include monopoles, satellite dish(es) over one meter in diameter or antennas] shall not be erected or installed except in compliance with the provisions of this section and shall require a special permit with review and approval as set forth herein.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Any proposed extension in height, addition of cells, antenna or panels, or a new replacement of a facility shall be subject to the provisions of this chapter.

The Zoning Board of Appeals shall be the SPGA for special permits under this section.

Conditions.

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 period) as technically practicable.

The SPGA must find that existing or approved facilities cannot accommodate the wireless communications equipment planned for any proposed facility before a new wireless communications facility may be approved by the SPGA.

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

All wireless communications facilities shall minimize, to the extent feasible, adverse visual effects on the environment. The SPGA may impose reasonable conditions to ensure this result, including painting and lighting standards.

All wireless communication facilities shall minimize, to the extent feasible, adverse visual effects to the community. Where feasible, the equipment to relay the wireless transmission or to transfer the wireless transmissions to the phone system shall be located inside an existing structure. Otherwise, such equipment shall be located in a new structure in a location where the visual impact to the community will be minimized. The SPGA may impose conditions on the siting and screening of such structure.

Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.

Applicants proposing to erect a wireless communications facility on municipally owned land or structures shall provide evidence of contractual authorization by the City to conduct wireless communication services on municipally owned properties.

Only freestanding monopoles, with associated antenna and/or panels, are allowed. The SPGA shall not grant a special permit for lattice towers and similar facilities requiring three or more legs and/or guy wires for support.

Maintenance. The landowner of record shall be responsible for ongoing proper maintenance of the wireless communications facility. Verification of maintenance and structural integrity by a certified structural engineer shall be required at the request of the Building Commissioner on a biannual basis. The Building Commissioner shall require a maintenance and removal guarantee bond for all wireless communications facilities subject to special permit under this § 435-32. The Building Commissioner may require such bond for facilities which are exempt from special permit under § 435-32C(5), below.

Removal. Any wireless communication facility shall be removed within one year of cessation of use.

Exemptions.

The following types of wireless communications facilities are exempt from the special permit requirement of this section and may be constructed, erected, installed, placed and/or used within the City subject to the issuance of a building permit by the Building Commissioner:

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;

The tower must have a cost or replacement value of less than $10,000;

If the tower is a freestanding device, such device shall be installed in the rear yard only; and

[d]

The tower must be removed if the use is discontinued for one year.

Towers used for the purposes set forth in MGL c. 40A, § 3; and

Wireless communication facilities installed on other structures, provided that such wireless communications facility, including its support, is:

Finished in a manner designed to be aesthetically consistent with the exterior finish of such structure; and

Mounted in such a manner so that it does not:

[i]

Obscure any window or other exterior architectural feature;

[ii]

Extend above the highest point of the roof by more than 15 feet;

Comprised of wireless communication facilities which do not individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that exceeds 50 square feet in area.

All applications for a building permit shall include color photographs of the existing structure to which the WCF will be attached and a color photograph or rendition illustrating the WCF.

Dimensional requirements for wireless communication facilities.

A wireless communication facility shall comply with the dimensional requirements applicable to structures for the district in which it is located; provided, however, that the following height and setback limitations for a wireless communication facility shall supersede any limitations for the district.

Height requirements.

Any structure-mounted WCF shall not exceed 15 feet ART, and the total height from ground level to top of the facility shall not exceed 80 feet AG.

Any freestanding WCF shall not exceed 80 feet AG.

Setback requirements.

Any structure-mounted WCF shall conform to setback requirements as set forth in § 435-27B of this chapter.

The setback of a freestanding WCF from the property line of the lot on which it is located shall be at least equal to the height of the structure plus 20 feet. The setback of any such facility shall be a minimum of 300 feet from a residential zoning district or residential use.

Except for the replacement of an existing WCF, the SPGA shall not grant a special permit for a WCF in a residential zone.

Application procedure.

All persons desiring to erect or modify a WCF shall apply for a special permit in accordance with this section.

No application shall be accepted or acted upon until all the required information as set forth in this section is provided by the applicant and all required fees are paid.

The Building Commissioner or their agent shall perform a field inspection on all applications for a WCF prior to the hearing for the special permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner and shall bear the date of inspection, comments and the signature of the inspecting officer.

All applications for special permit shall include:

A locus plan at a scale of one inch equals 100 feet for each proposed communications structure.

A site plan for each proposed communications structure at a scale sufficient to show setback of the wireless communications facility from the lot lines and indicating buildings, if any, and colors, landscape, lighting and fencing, and all residential districts and residential uses within 300 feet of the facility;

Certification by a professional engineer that Federal Communications Commission (FCC), Federal Aviation Administration (FAA), Aeronautics Division of the Massachusetts Department of Transportation, Massachusetts Department of Public Health and American National Standards Institute (ANSI) standards insofar as they are applicable have been met;

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Specifications for construction, lighting and wiring in accordance with state and national building codes, including a description of the capacity of the WCF, including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;

A statement of the services to be supported by the proposed communications structure;

Evidence, if applicant is sole user of a structure, that all possible means of colocation for multiple use of antennas elsewhere have been exhausted;

Assessor's plan showing proposed locus;

A completed application form.

Fees for permits shall be established and amended from time to time by the City Council.

The owner of the WCF shall provide to the City with a certificate of insurance on a commercial general liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the City.

Design requirements. The following guidelines shall be used when preparing plans for the siting and construction of all wireless communications facilities:

Any facility shall be designed to be constructed to accommodate its anticipated and future use and shall be designed to accommodate the maximum number of users technologically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.

All WCFs shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the City shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line.

Satellite dishes and/or antennas shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes or antennas shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.

Fencing shall be provided to control access to WCFs and shall be compatible with the character of the district.

There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour basis. All signs shall conform with Chapter 373, Signs, of this Code.

Lighting shall be limited to that needed for emergencies and/or as required by the FAA and local, state or federal authorities and shall be directed in such a way as to minimize glare and cause the least amount of interference with and light spillover onto neighboring properties.

§ 435-33 Land disturbance and stormwater management.

There shall be a minimum of one parking space for each WCF to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

Permit to construct. Upon receipt of a special permit from the SPGA, the applicant shall apply to the Building Commissioner for a permit to construct a WCF and shall provide written evidence that all preconstruction conditions as may be a part of the special permit decision have been satisfied.

[Amended 4-27-2021 by Ord. No. 2021-038-001]

Purpose and intent.

The primary purpose and intent of this section is to ensure municipal compliance with all requirements of the National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from small municipal separate storm sewer systems (MS4) issued by the United States Environmental Protection Agency (EPA), and the Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection (MassDEP).

[Amended 4-30-2024 by Ord. No. 2024-025-001]

The overall purpose of this land disturbance and stormwater management (LDSM) section is to provide a thorough review of construction, development, and/or redevelopment projects that have the potential to adversely impact natural resources, human-made structures, abutting properties and/or the City's infrastructure. Projects subject to this LDSM section shall be designed so as not to impact water quality or surface flows; shall protect all properties, storm drainage systems, public roadways, and natural water bodies from potential flooding, overloading, and/or clogging resulting from development; and shall not cause any significant alteration to topography or significant clearing of land. Moreover, projects shall be designed so as not to create adverse conditions during or after construction that would alter and/or destroy aquatic or wildlife habitat, and/or cause environmental degradation.

This section shall provide review and oversight of the following, as applicable:

Stormwater management [(§ 435-33C(1)].

Topographical alterations [§ 435-33C(2)].

Tree removal [§ 435-33C(3)].

Earth removal and fill [§ 435-33C(4)].

The intent of this section is to ensure that development projects incorporate and utilize best management practices (BMP) and low-impact development (LID) techniques to the maximum extent feasible. All development and/or redevelopment projects shall be designed to ensure the following:

Protection of surface water and groundwater resources, wetlands, and vernal pools;

Infiltration, recharge, and on-site management of stormwater on-site;

Management of erosion, stormwater runoff, and sedimentation through BMPs and LID techniques;

Minimization of alteration to the natural topography to the maximum extent possible;

Control and proper site management of construction waste such as discarded building material; concrete truck washout; limiting on-site idling, fueling, and maintenance of construction equipment/vehicles; chemicals; litter; and sanitary waste during and post-construction;

Compliance that exceeds the regulations set forth in federal, state, and local statutes and those regulations that relate to stormwater discharge and management and include but are not limited to the following: the Massachusetts Department of Environmental Protection (MassDEP) Stormwater Management Standards. The revised Stormwater Management Standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a); Massachusetts Stormwater Handbook, as may be amended from time to time; the NPDES municipal separate storm sewer system (MS4) regulations adopted by the EPA in conjunction with MA DEP; and any additional local regulations set forth by the Engineering Department in the Department of Public Works (DPW); and

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Protection of local hydrologic conditions, sensitive areas of land and water, natural areas and topographical features, and unique topography, in addition to the protection of wells and wetlands on-site and abutting properties.

Applicability and procedure.

Land use activities requiring review. This section shall apply to the following construction, development, and/or redevelopment projects:

The disturbance of land area equal to or greater than one acre;

The disturbance of land as part of a larger common plan of development with a total disturbance area equal to or greater than one acre;

The clearing of land that results in 50% or more of the lot being cleared of trees. Lots with an area of 20,000 square feet or less shall be exempt from this requirement;

Construction, development, and/or redevelopment activities that occur within a thirty-foot buffer of moderate slopes or on moderate slopes as defined in § 435-27C(4); and/or

Existing properties not in compliance with current standards that are contributing to ongoing City stormwater management issues that have disturbed over 43,560 square feet of land.

Land use activities exempt from review. The following construction, development and/or redevelopment projects shall be exempt from this section, but not exempt from other laws, regulations, and ordinances of the City:

Any normal maintenance of City-owned public lands, ways, and/or appurtenances.

Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing water, sewer or drainage systems, and repaving projects).

Activities undertaken in connection with an existing public athletic field; the management of a City-owned park or cemetery; or the management and operation of a golf course.

Work in connection with an agricultural use classified under MGL c. 61A, including planting, cultivating, harvesting, and/or the raising and/or caring of animals; agricultural operations in accordance with an approved Natural Resources Conservation Service agricultural plan; agricultural uses on parcels of land of more than five acres as specified in MGL c. 40A, § 3; and/or the harvesting of trees on a property classified and in good standing under MGL c. 61 and in accordance with a forest management plan or cutting plan as set forth in MGL c. 61, § 1.

Activities conducted in accordance with a forest stewardship plan approved by the Massachusetts Department of Conservation and Recreation.

Temporary work relative to emergency storm events or emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), including situations that pose an immediate danger to life and/or property.

Construction of utilities (gas, water, sewer, electric, telephone, etc.), other than drainage, which will not alter terrain, ground cover, or drainage patterns.

Development and redevelopment projects where less than one acre of land is disturbed for minor roadway maintenance improvement projects and nonpublic projects that are outside of conservation wetland jurisdictional area.

Repair of septic systems when required by the Board of Health for the protection of public health.

(j)

Routine maintenance of existing lawn, landscaping, or garden area associated with a single-family dwelling, provided such maintenance does not include the addition of more than 50 cubic yards of soil material, construction of walls greater than one foot in height, alteration of existing grades by more than one foot in elevation, or alteration of drainage patterns.

(k)

The construction of fencing that will not alter existing terrain or drainage patterns.

(l)

Repair or replacement of damaged roofs.

(m)

Renovation of a single-family dwelling that does not expand beyond the dwelling's existing footprint.

(n)

Existing properties that are connected to private wells and are not connected to public municipal water systems.

Minimum standards. This section shall serve as the minimum standards for activities that fall under LDSM review. Applicants are expected to exceed these minimum standards through the use of BMPs, LID techniques, increased vegetation, the preservation of land, and/or development within previously disturbed areas. Furthermore, previously developed sites shall be expected to exceed existing conditions, in addition to minimum federal, state, and local standards for stormwater management, erosion, infiltration, sedimentation, and total suspended solids (TSS).

Permit granting authority and permit procedure. The Planning Board shall be the SPGA for this section. All applications subject to this section shall follow the special permit procedures for an application submittal pursuant to § 435-46 herein.

Nonavoidance by phasing or segmentation.

A construction, development and/or redevelopment project shall not be phased and/or segmented in such a manner so as to avoid compliance with this section. The Planning Board shall not approve any application for construction, development, and/or redevelopment where individual parcels and/or multiple parcels of land are held in common ownership (including ownership by related or jointly controlled persons or entities) with the intent to segment project phases. All phases of a project shall be considered as part of a single development project if located either on a single parcel or contiguous parcels of land that have been in the same common ownership at any time subsequent to the date of adoption of this § 435-33.

Any project permitted under Chapter 530, Subdivision of Land, which was not subject to review under this section at the time it was permitted shall be subject to review if at a later date such project is expanded and triggers any of requirements set forth in § 435-33B(1). All phases of a project shall be considered to be a single development project.

Submittal requirements. Applicants for LDSM shall submit plan sets and supporting documentation in accordance with the requirements set forth in § 525-24, Land disturbance and stormwater management documentation submittal, of Chapter 525, Planning Board Rules and Regulations.

Waivers. Strict compliance with this section is required to the greatest extent feasible. The Planning Board may grant waivers for land disturbance and stormwater management documentation submittal and/or design standards, by a four-fifths vote, where such action is not inconsistent with the purposes of this section or the other associated regulations.

Land disturbance and stormwater management guidance.

Stormwater management.

Any permitted topographical alterations, tree removal, earth removal/fill, and/or site improvements associated with this section shall incorporate LID techniques and BMPs to the greatest extent feasible. Such features may include rain gardens, rainwater harvesting, green roofs, curb breaks, native/hybrid plantings, etc.

Stormwater shall not be directed towards sensitive areas, wetlands, or habitats or be permitted to sheet flow, causing erosion and sedimentation movement.

Whenever possible, all buildings, roadways, parking lots/areas, detention/retention facilities, and other site improvements shall be located in previously developed, cleared, disturbed, and/or improved areas before an applicant proposes to disturb an area that presents existing natural topography.

Natural hydrology and water quality shall be maintained during and post-construction.

Projects that alter natural stormwater and drainage systems shall replicate natural conditions with respect to infiltration, evapotranspiration, and stormwater runoff.

The use of hay bales is not permitted for erosion and sediment control. Erosion and sediment controls should be consistent with the City's construction standards.

Under certain circumstances where on-site options for stormwater mitigation are limited, infeasible, and/or where off-site options provide better protection, the Planning Board may allow the applicant to contribute to the implementation of off-site stormwater mitigation or to contribute to a City of Framingham Stormwater Mitigation Fund in lieu of on-site stormwater best management practices. This may be allowed exclusively for redevelopment projects at the discretion of the Planning Board only where a net public benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent of this section.

Projects that propose dewatering shall submit a dewatering plan for review to the Conservation Commission, the Department of Public Works, and the Planning Board and shall be accompanied by a detailed description of the methods proposed to mitigate impacts.

Projects shall be designed to disturb the minimal amount of land possible and to manage the maximum amount of stormwater on-site.

Topographical alterations.

Where possible, development shall not occur on those areas defined as moderate slope [§ 435-27C(4)] or within 30 feet of a moderate slope buffer. If development is proposed within an area identified as moderate slope or within the thirty-foot moderate slope buffer, then the applicant shall submit a geotechnical report prepared by a professional geotechnical engineer. The Planning Board and the Department of Public Works (DPW) shall review the submitted document to ensure such topographical alteration will not adversely impact direct abutters, structures, and/or the stability of the land.

Any development that is authorized to occur on an identified moderate slope [§ 435-27C(4)] and/or within the thirty-foot moderate slope buffer shall preserve existing vegetation to the greatest extent feasible.

Topographical alteration shall not occur within 10 feet of a vegetated buffer to ensure the protection of the root zone or within 10 feet of a front and/or rear setback [§ 435-27C(4)].

In the event that topographical alteration takes place within land identified as moderate slope [§ 435-27C(4)] and/or within the thirty-foot moderate slope buffer, then the applicant shall mitigate all impacts that result in stormwater runoff, erosion, and/or the movement of sedimentation through BMPs and LID techniques. The applicant shall further establish a vegetated berm to prevent negative impacts to abutting properties and/or roadways.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

The applicant may be required to mitigate topographical alterations as outlined in § 435-33C(1)(g) herein.

Tree removal.

The removal of trees shall not be permitted within the side/rear setbacks as defined in § 435-27B, unless identified by the City's Tree Warden to be hazardous and/or diseased. The applicant shall retain trees greater than 10 inches' caliper within the front yard setback, as set forth in § 435-27B. Furthermore, trees may be removed for the construction of a driveway or subdivision roadway, but such removal shall be at the minimum width as required by the Department of Public Works (DPW), Fire Department, and Police Department.

All trees that are eight inches or greater in caliper that are removed shall be replaced. The total number of replacement trees shall be as follows: one tree per inch of caliper for a deciduous tree and one tree per foot of height for an evergreen tree. Replacement trees shall be a minimum three inches' caliper for deciduous trees and five feet tall for evergreen trees.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

If the applicant can demonstrate that the required number of replacement trees cannot be properly placed on-site, then the applicant may offer the City an equal number of trees comparable in size to the Department of Public Works and/or the Parks and Recreation Department to be planted at their discretion elsewhere in Framingham.

During construction, the drip line of the designated trees to be saved post-construction shall serve as the protection boundary. The applicant shall install a barrier around this area.

Land clearance shall be prohibited within 125 feet of a designated open space parcel of land that is protected by an agriculture preservation restriction (APR) or a conservation restriction (CR).

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Earth removal and fill.

Earth removal shall be limited to areas that have been previously disturbed and/or impervious. Where earth removal is required in an area that has not previously been disturbed, then the applicant shall submit a geotechnical report prepared by a professional geotechnical engineer.

Soil removed from the property shall be stockpiled and reused on-site where possible. Such stockpiles shall be seeded and/or covered, and protected with erosion controls around the base of the pile, until such soils are needed.

When new fill is required to be brought onto the site, the use of clean fill shall only be permitted. Prior to fill being brought onto site, the applicant shall provide a written notarized affidavit to the Planning Board, Department of Public Works (DPW), and the Conservation Commission that includes the name of the company, the location where the fill is coming from, the type of fill, and any additional information to certify that all fill is clean.

Findings and conditions of approval. Project review pursuant to this section shall be based on the information provided in the LDSM development impact report, the LDSM site plan, and a long-term LDSM plan. The Planning Board shall render written findings prior to granting an approval or disapproval of the application. Such findings shall pertain to the entire proposed project that is subject to review. The Planning Board may modify the site plan or project as a condition of its approval, which may include either on-site or off-site mitigation measures to offset any negative impacts created by the project.

Filing and document review. All documents and plans required in § 435-33 herein have been submitted in accordance with these regulations and City standards.

Federal, state, and local regulations. A minimum compliance with all applicable federal, state, and local regulations and guidelines, including, but not limited to, the most current edition of the MassDEP Stormwater Management Standards, the Massachusetts Stormwater Handbook, the NPDES MS4 permit; and Department of Public Works (DPW) regulations related to stormwater/erosion/etc.

Site management and control.

Building envelopes for structures, driveways, wastewater disposal, lawn areas, and utility work shall be designed and delineated in a manner to limit erosion, land disturbance, and stormwater runoff to the greatest extent possible.

The site shall contain designated areas for temporary uses such as the parking of construction vehicles, trailers, and/or stockpiling of equipment and materials.

All waste products, grubbed stumps, slash, construction materials, etc., shall be lawfully disposed of and shall not be incorporated into the project site with the exception of the reduction of stumps and slash to mulch.

During construction, temporary erosion and sedimentation control measures shall be employed in accordance with the approved plan and the BMP until a disturbed area is permanently stabilized.

Permanent erosion control and vegetative measures are in accordance with the BMP and LID techniques.

Dust control measures are used throughout construction.

Throughout the duration of construction, a gravel apron of at least 15 feet wide and at least 25 feet long is required at any site access from a paved public way to prevent unstable material from being transported onto the roadway by vehicle tires.

Control of stormwater runoff.

Whenever possible, the natural topography of a site shall be preserved so as to reduce unnecessary erosion, land disturbance, and stormwater runoff, and/or to preserve natural drainage patterns and infiltration on the site.

The project as designed does not increase the rate, concentration, and/or velocity of runoff from the site.

There will be no adverse impact to abutting properties from any change in volume of stormwater runoff resulting from land disturbance activities, including but not limited to erosion, silting, flooding, sedimentation, subsidence or impacts to wetland, groundwater resources, septic systems, or wells, and/or lack of long term maintenance of the BMP and LID techniques.

There will be no adverse impacts to groundwater resources in terms of quantity or quality.

Protection of natural features and vegetation.

Endangered species and wildlife habitats and corridors, natural landscape features, and scenic vistas and views shall be protected to the maximum extent feasible. Buildings, structures, and/or parking facilities are sited away from the crests of hills in a manner so as not to detract from the site's scenic qualities.

Open space, native trees, and specimen trees are preserved to the greatest extent feasible in the site's design and development, placing priority on the retention of an existing tree, existing stands of trees, trees at the site perimeter, and contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions).

Forested areas, wetlands, water bodies, critical wildlife habitat areas and moderate slopes as defined in § 435-27C(4) herein are preserved to the maximum extent feasible.

The applicant shall demonstrate that all vegetation that shall be retained will be surrounded by temporary protective fencing or other measures before any land clearing or grading occurs, and shall be maintained as such until all construction and site work is completed and all construction equipment and debris is removed from the site.

Grading shall be designed to maintain the area around the trunks of trees so that the ground level is not raised over the root area.

Requirements shall be met for screening of the adjoining premises or screening from the street by walls, fences, plantings, and/or other devices to mitigate adverse impacts of the project.

Protection of historic resources. Reasonable measures shall be employed to protect historic, unique topographical, and archaeological resources, including, but not limited to, historic landscape features both above- and belowground, buildings, structures, objects, stone walls, foundations, designed landscapes and gardens.

Additional requirements, conditions, limitations and safeguards. The Planning Board may impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application which shall be incorporated, in writing, as part of the decision.

Long-term LDSM plan.

Submission of the covenant, homeowners' association documents, condominium master deed, property deed, and/or declaration of trust documents as applicable, which shall provide reference to the long-term LDSM plan for all permanent erosion control and stormwater management measures as conditioned by the Planning Board.

The applicant/landowner shall notify the Planning Board when the initial BMPs for erosion, land disturbance, and stormwater management measures have been installed in accordance with the long-term LDSM plan.

Construction maintenance bond. Prior to the issuance of a building permit, the applicant shall provide a construction performance bond in the amount of $5,000 or equal to 20%, whichever amount is greater, of the expected values of the BMPs for erosion control and stormwater management during construction of the project. The Planning Board shall hold such construction performance bond until the issuance of a certificate of occupancy from the Inspectional Services Division.

Construction procedure.

No land disturbance activities shall begin prior to the written approval by the Planning Board Administrator, Department of Public Works (City Engineer), and the Conservation Commission Administrator.

Best management practices (BMPs) for erosion control, land disturbance, and/or stormwater management during construction shall be maintained in good order and in compliance with the NPDES construction general permit (if applicable).

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Post-construction review. A special permit for LDSM shall not close until a final inspection and approval of the site being stabilized and restored in accordance with the approved plan of the Planning Board and the LDSM performance bond has been placed by the applicant/landowner.

Removal of all nonpermanent BMPs for erosion control, land disturbance, and/or stormwater management.

On-site improvements such as landscaping, parking lots, driveways and roadways, sidewalks and trails, and all BMP and LID techniques have been installed and fully functioning.

LDSM performance bond.

The applicant and/or landowner shall provide an LDSM performance bond prior to the issuance of a certificate of occupancy. The total amount of the bond shall equal $5,000 or 20%, whichever is greater, for the total amount of the BMPs and LID techniques installed on-site for erosion control and stormwater management.

The applicant and/or landowner shall submit an annual maintenance report to the Planning Board and the Department of Public Works for the purposes of monitoring such BMPs.

Such LDSM performance bond shall be returned after five years. At the end of every two years, the applicant can request 50% of the bond be returned.

The Planning Board may deny a special permit for land disturbance and stormwater management if it determines the following:

The requirements of § 435-33 herein are not met; or

The project violates or circumvents other provisions of this chapter or regulation; or

The project received a variance issued by the Zoning Board of Appeals from the requirements of § 435-33 herein without first receiving a favorable recommendation from the Planning Board.

Enforcement.

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Inspectional Services Division, the Planning Board, Department of Public Works, and/or City designee may enter upon privately owned property for the purpose of performing their duties under this section and associated permits and may make or cause to be made inspections, surveys, or sampling as the Planning Board, Department of Public Works, and/or City designee deems reasonably necessary.

Violations.

When the Inspectional Services Division, the Planning Board, Department of Public Works, and/or City designee determines that an activity is not being carried out in accordance with the requirements of this section, it shall issue a written notice of violation to the owner of the property. Persons receiving a notice of violation may be required to:

Halt all construction activities until there is compliance. A stop-work order will be in effect until the Inspectional Services Division, the Planning Board, Department of Public Works, and/or City designee confirms that the activity is in compliance and the violation has been satisfactorily addressed;

Maintain, install or perform additional erosion and sedimentation control measures;

Monitor, analyze, and report to the Inspectional Services Division, the Planning Board, Department of Public Works, and/or City designee; and/or

[4]

Remediate erosion and sedimentation resulting directly or indirectly from the activity.

Failure to address a notice of violation in the time specified therein may result in penalties in accordance with the enforcement measures authorized in this section.

Penalty. Any person who violates any provision of this section or a permit issued thereunder may be punished by a fine as provided in § 435-42B. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this section or the regulations or permits violated shall constitute a separate offense.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Noncriminal disposition. As an alternative to criminal prosecution or civil action, the City may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, in which case the Department of Inspectional Services, the Planning Board, and the Engineering Department in the Department of Public Works shall be the enforcing person and the fine shall be as provided in § 435-42B. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this section or the regulations or permits violated shall constitute a separate offense.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Certificate of occupancy. Prior to the issuance of a certificate of occupancy or final project approval, as-built plans are required and shall be submitted per § 435-43 of this chapter to Inspectional Services, Department of Public Works, Planning Board, and Conservation Commission. A certificate of occupancy or project approval shall not be issued until the aforementioned Departments review and approve the as-built drawings/documents.

Land disturbance and stormwater management documentation submittal. All submittal requirements are located in Article 6 of the Planning Board Project Review Guidelines.

§ 435-34 Mixed-use regulations.

Purpose and intent. The purpose and intent of this mixed-use regulations section is to provide an opportunity for mixed-use development with a residential component within a livable urban environment which supports the commercial revitalization of the City's commercial areas and encourages the adaptive reuse of existing buildings.

Applicability. These regulations shall apply to the development or redevelopment of properties for mixed use or for mixed-use complex, which shall collectively be referred to as "mixed-use development."

Mixed-use development standards. Mixed-use development shall be designed in accordance with the following standards:

Conforming lot and structure. The lot and structure shall conform to the dimensional regulations for mixed-use development applicable to the zoning district, as provided under § 435-27B, Table of Dimensional Regulations.

Parking requirements. Off-street parking shall be provided in accordance with the requirements set forth in § 435-24. Special provisions for parking relief, as provided under § 435-24I, may be considered, including exemptions from required number of parking spaces and proximity requirements, as applicable, but the requirement for number of parking spaces assigned to residential uses may not be reduced below 1.25 parking spaces per residential unit. The applicant shall demonstrate that the parking to be provided shall be adequate for the uses proposed. Conditions for approval of a special permit under § 435-24I for a reduction to the required number of parking spaces may include, at the discretion of the Planning Board, a contribution to a municipal parking program and/or support for public transportation or other transportation demand management programs. Such contribution shall be directly related to the reduction requested and shall not exceed 2% of the development costs attributed to the residential portion of the proposed development. Such contribution shall be credited to the development under a site plan review approval.

Open space and recreation enhancement. A minimum of 200 square feet of usable on-site outdoor open space or dedicated and usable common indoor recreation space for use by unit residents shall be provided for each dwelling unit proposed within a mixed-use development project. An applicant contribution to a program of off-site public improvements in the area of the proposed development, as set forth below, may be considered by the SPGA in partial satisfaction of this requirement. An applicant may contribute up to 1.5% of the development costs attributed to the residential portion of the proposed development to a program of off-site public open space, pedestrian improvements, public amenities, or community and cultural enhancements in order to enhance the quality of life for residents of the proposed development and the general public. Such contribution for off-site improvements shall be at the discretion of the Planning Board and shall be credited to the development under a site plan review approval.

(Mixed Use Regulations) Residential composition in a proposed Mixed Use development shall be comprised of studios, one-bedroom units and two-bedroom units only. In no case may other rooms in a unit be converted to additional bedrooms. Dwelling units within a Mixed Use development may measure no less than 600 square feet. No more than twenty percent (20%) of the units in a Mixed Use development proposal may consist of studio units. No more than three individuals unrelated by birth, marriage or adoption may occupy a dwelling unit in a Mixed Use development. The Planning Board may require a stipulation of said limit on unrelated individuals be included within all leases, condominium documents, protective covenants and other related documents.

Separation between residential uses and nonresidential uses. Residential uses and nonresidential uses in a mixed-use development shall be physically separated. Residential uses shall have separate and distinct entrances from nonresidential uses.

Community impact.

Purpose: to evaluate the impacts of the proposed development with respect to the City's visual and historic character and development goals.

Format and scope.

Site design and neighborhood impact. Evaluation of the relationship of proposed new structures or alterations to nearby preexisting structures in terms of character and intensity of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements); and of the location and configuration of proposed structures, parking areas, and open space with respect to neighboring properties.

Historic impact. Identification of impacts on significant historic properties, districts or areas, or archaeological resources (if any) in the vicinity of the proposed development.

Development goals. Evaluation of the proposed project's consistency or compatibility with existing local and regional plans.

Building permit limitations.

Following special permit for use, site plan review and other regulatory processes, and in accordance with an SPGA decision, the Building Commissioner may issue building permits for mixed-use development for a maximum of 300 residential units for mixed-use development per calendar year (with no rollover from a previous year). Of these 300 permitted residential units per year, no more than 250 residential units may be permitted for a specific development application in a given year. The Building Commissioner may not issue building permits for additional residential units in mixed-use development once the number of such units for which building permits have previously been issued reaches 3% of the total number of dwelling units in the Framingham. Any changes to the building permit limitations, as set forth herein, shall require approval by the City Council.

Purpose. The purpose of the limitation (or cap) on the number of dwelling units permitted in a mixed-use development is to promote orderly growth in a planned manner so that it will not unduly strain the community's ability to provide basic public facilities and services for an expanded residential population.

Applicability. This section shall apply to the issuance of all building permits for construction of dwelling units located in a mixed-use development for which a special permit decision of the Planning Board approving such development was filed with the City Clerk on or after the time of the adoption of this section.

Administration.

Building permits for new dwellings will be available starting on January 1 of each calendar year. Permits will be issued on a first-come, first-served basis. An applicant will not be issued a building permit for more units than has been specified in a special permit for mixed use by the Planning Board. Mixed-use development projects may be phased in over more than one year.

Applications for mixed-use development shall be denied by the Building Commissioner when the limitation on number of dwelling units has been reached for a particular calendar year. Upon denial, an applicant may file a written request to the Building Commissioner to have the application automatically resubmitted to the Building Commissioner on January 1 of the subsequent calendar year or an earlier date, should a permit for a sufficient number of residential units under mixed-use development become available sooner. The effective date of the application shall be the date the application is accepted for resubmission, not the original application date, and the applicant shall be subject to the State Building Code effective as of the date of building permit issuance.

Denied applications shall be taken up by the Building Commissioner in the order in which the written request for automatic resubmission has been received by the Building Commissioner, taking into account the availability of building permits for the number of residential units requested. Resubmitted applications must be complete and special permits must not have lapsed.

Should any building permits issued for an approved mixed-use development for a given calendar year be withdrawn or lapse within the same calendar year, other applicants with a written request for automatic resubmission shall be taken up by the Building Commissioner as set forth above. Such permits may be issued in the same calendar year, provided that the building permit limitations of this section are not exceeded for that calendar year.

Planning Board mixed-use development waivers by special permit. The Planning Board may, by special permit, grant waivers to the mixed-use development standards, as set forth under § 435-34C herein, and the dimensional regulations for mixed-use development, as set forth under § 435-27B herein, for mixed-use development. Such special permit for mixed-use development waivers shall be granted only if the Planning Board makes the specific required findings, in writing, as set forth under § 435-46C, as well as the following finding:

The Planning Board must also find that the proposed project with the waived requirement shall not be substantially more detrimental to the neighborhood than the project without the waiver. As a basis for its decision, the Planning Board shall consider factors which shall include, but not be limited to, the impact of the waiver on traffic and parking, municipal services and facilities, and the character of the neighborhood, including environmental and visual features.

§ 435-35 Inclusionary housing.

[Amended 1-17-2023 by Order No. 2022-133; 4-30-2024 by Ord. No. 2024-025-001]

Purpose and intent. The purpose of this inclusionary housing section is to maintain provisions in accordance with the policies and goals found within the Framingham Master Land Use Plan and the housing plan as follows:

To ensure that all development or redevelopment of 10 or more dwelling units generates a minimum of 10% affordable housing units which qualify for listing in the Massachusetts Department of Housing and Community Development's (DHCD) Subsidized Housing Inventory (SHI);

To ensure that such affordable housing is made available to all eligible households on a nondiscriminatory basis in accordance with the federal Fair Housing Act of 1968[1] and MGL c. 151B, as amended, and any regulations promulgated under federal and state law;

Editor's Note: See 42 U.S.C. § 3601 et seq.

To ensure that such housing remains affordable over the long term, and that to the extent allowed by law, preference is given to Framingham residents;

AFFORDABLE HOUSING DEED RIDER

To maintain an economically integrated community by promoting a mix and distribution of affordable housing opportunities throughout Framingham.

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

A deed rider or other legally binding instrument in a form consistent with the Local Initiative Program (LIP) requirements and acceptable under the LIP that will ensure the affordability of the affordable housing unit (AHU) for a term of years established by the permit granting authority, but no less than 40 years, that is appended to the deed to an AHU.

AFFORDABLE HOUSING RESTRICTION (AHR)

A deed rider, covenant, contract, mortgage agreement, and/or other legal instrument, acceptable in form and substance to the City, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and that provides for the administration, monitoring, and/or enforcement of the restriction during the term of affordability. An AHR shall be placed on the land in perpetuity or for the maximum period allowed by law, and entered into as an agreement under the provisions of MGL c. 184, §§ 31 to 33, or other equivalent state law.

AFFORDABLE HOUSING UNIT (AHU)

A residential unit that is restricted in its sale, lease, and/or rental to a qualified income-eligible household at specific price limits that qualify such residential unit for inclusion in the Massachusetts Department of Housing and Community Development's (DHCD) Subsidized Housing Inventory (SHI).

AREA MEDIAN INCOME (AMI)

The median family income, adjusted for household size, for the metropolitan area that includes the City of Framingham, as determined by the U.S. Department of Housing and Urban Development (HUD).

INCLUSIONARY HOUSING PROJECT

Any proposed development or redevelopment of 10 or more dwelling units on one or more contiguous parcels, proposed under a special permit process pursuant to MGL c. 40A, § 9.

LOCAL INITIATIVE PROGRAM (LIP)

A program administered by the Massachusetts Department of Housing and Community Development (DHCD) to encourage cities and towns to create low- and moderate-income housing through means other than a comprehensive permit under MGL c. 40B.

MARKET-RATE HOUSING

A residential unit that is not restricted in its sale, lease, and/or rental at specific price limits.

MONITORING AGENT

The City of Framingham, the Massachusetts Department of Housing and Community Development (DHCD), or such other qualified third party selected by the City to enforce the AHR and/or terms of the affordable deed rider.

QUALIFIED INCOME-ELIGIBLE HOUSEHOLD

A household with combined incomes that do not exceed 80% of the median income for the Boston Metropolitan Statistical Area, with adjustments for household size as reported by the most recent information from the United States Department of Housing and Urban Development (HUD), or successor, and/or the Massachusetts Department of Housing and Community Development (DHCD), or successor.

QUALIFIED PURCHASER

Qualified income-eligible household that purchases and occupies an affordable housing unit as its principal residence.

QUALIFIED RENTER or QUALIFIED TENANT

Qualified income-eligible household that rents and occupies an affordable housing unit as its principal residence.

SUBSIDIZED HOUSING INVENTORY (SHI)

A measurement of a community's stock of low- or moderate-income housing compiled as a list by the Massachusetts Department of Housing and Community Development (DHCD), containing the count of low- or moderate-income housing units by a city or town.

Applicability and basic provisions. The provisions of this section shall apply to any proposed development or redevelopment of 10 or more dwelling units on one or more contiguous parcels, whether or not such units are proposed under a special permit process pursuant to MGL c. 40A, § 9. The following provisions shall be required for all inclusionary housing projects:

In any development subject to this § 435-35, at least 13% of the dwelling units shall be affordable housing units (AHU). 2% of this 13% shall be at or below 60% AMI. Fractional interests shall be rounded up to the next whole number. Nothing shall preclude an applicant from providing more AHUs than the number required herein.

Each AHU created under this § 435-35 shall be sold or rented to a qualified income-eligible household, except that when the applicant provides at least 1/2 of the required affordable units for households with income at or below 50% of AMI, adjusted for income, the remaining affordable units may be sold or rented to households with incomes up to 100% of AMI, adjusted for household size, if approved by the SPGA.

Except as provided under Subsection C(2) above, each AHU shall comply with DHCD's LIP guidelines for units not created under an MGL c. 40B comprehensive permit.

No building permit shall be issued for any unit in the development until the Building Commissioner receives verification that the AHR has been approved by DHCD and the City Solicitor, and has been recorded with the Middlesex South Registry of Deeds, and that the affirmative fair housing marketing plan under Subsection H below has been approved by DHCD.

Exemptions.

Section 435-35 shall not apply to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty, provided that such rehabilitation or repair shall not increase the number of dwelling units on the lot as existed prior to the damage or destruction thereof, except in conformance with this section.

Active adult housing projects providing housing for adult residents age 55 and older approved by the Planning Board under the former Active Adult Housing Ordinance (Section V.I)[2] prior to the first publication of notice of this amendment to this chapter and filed with the Town or City Clerk shall comply with the conditions of the granted decision for the respective project for inclusionary housing.

Editor's Note: Former Section V.I, Active Adult Housing, was repealed and replaced 4-30-2019 by Ord. No. 2019-027-001. See now § 435-36, Adult housing.

Application procedures, submission requirements, and mandatory provision of affordable units.

Application, review, and decision procedures shall be in accordance with residential or residential mixed-use development regulations, §§ 435-46 and/or 435-47 of this chapter, and/or Chapter 530, Subdivision of Land, as amended. The Planning Board shall require that the applicant comply with the obligation to provide affordable housing pursuant to this section as provided below as a condition of approval of any residential development and/or redevelopment.

Siting. AHUs shall be dispersed and sited throughout a development so as not to be in less desirable locations than the development's market-rate units.

Design and construction. AHUs shall be comparable to and indistinguishable from market-rate units in exterior building materials and finishes, windows, and other improvements related to the energy efficiency of the units.

Rights and privileges. Owners and tenants of AHUs and market-rate units shall have equal rights and privileges to access and use of the development's amenities and facilities.

Units to be rented or sold. The applicant shall provide one AHU for each 10 dwelling units to be created. Fractions shall be rounded up to the next whole number.

Phasing. Affordable units shall not be the last units to be built in any development and/or redevelopment covered by this § 435-35.

Nonavoidance by phasing or segmentation. A development shall not be phased or segmented in a manner to avoid compliance with this section. The Planning Board shall not approve any application for development or redevelopment that results in 10 or more new dwelling units if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified to avoid compliance.

Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land that have been in the same common ownership at any time subsequent to the date of adoption of this § 435-35. This section shall be enforceable also against purchasers of land previously held in common ownership with land that received, after the date of adoption of this § 435-35, approvals or permits for development, to the effect that units developed under such previous development shall be counted toward the calculation of number of units under § 435-35C(1) and (2) herein.

Density bonus.

A special permit may be granted for applicants who seek a density bonus for the inclusion of AHU within a residential project. The Planning Board shall be the SPGA for § 435-35F herein. One AHU shall be provided for every four market-rate units. The applicant shall be subject to all of the requirements of this section, unless modified within § 435-35F.

A density bonus pursuant to § 435-35F may be permitted for residential projects with a minimum of four residential building lots that are allowed by right.

Projects that provide four market-rate units and one AHU may reduce the lot size by 20% for each of the five lots. All other dimensional regulations in § 435-27B shall be met for each lot.

Additional lots in a project that do not meet the requirements of four market-rate units and one AHU shall not be eligible for a decrease in lot area. Therefore, if a project provides seven lots, only five of the lots shall be eligible for the 20% lot area decrease. However, 10 lots providing eight market-rate units and two AHUs shall be eligible for the 20% lot area decrease.

Affordable housing regulations. Pursuant to MGL c. 40A, § 9, the Planning Board shall adopt and maintain a set of affordable housing regulations that contain the necessary policies, procedures, and requirements to implement the provisions of this § 435-35.

Restrictions.

Restrictive documents. To ensure unit affordability, AHUs shall be rented or sold subject to applicable AHR, acceptable to the City and established in accordance with the standards of the DHCD, or its successor entity, or such additional programs as may be adopted by the commonwealth or its agencies, restricting the use and occupancy, rent level, and sales price of such AHUs.

Term of affordable housing restriction. An AHU shall ensure that AHUs created under this section shall remain affordable in perpetuity or for the longest period of time allowed by law. All restrictive documents shall be enforceable and renewable by the City pursuant to applicable law.

DHCD SHI. An AHU shall be restricted in its initial and any subsequent sale, lease, and/or rental to a qualified income-eligible household at a specific price limit that will qualify such residential unit for inclusion in the DHCD SHI.

Selection of eligible tenants and homeowners. There shall be a fair and reasonable procedure in compliance with fair housing laws for the selection of tenants for affordable rental units and for the selection of homeowners for affordable homeownership units. The City may contract with a quasi-public, public, and/or private entity, experienced in affordable housing operation, for provision of tenant and homeowner selection services but shall be required to monitor the performance of any private entity providing such services and shall retain final responsibility for ensuring compliance.

Income and asset limits. Qualified income-eligible household income of prospective purchasers and renters shall not exceed 80% of area median income based on household size as determined by HUD. A qualified purchaser or qualified renter shall also be required to demonstrate that total household assets, other than income, are not so high that a household has no substantial need of a rental unit with a reduced rent or of an ownership unit with a reduced purchase price.

Occupancy. The AHR for AHUs shall require, whether the unit initially is sold or rented, that the occupant(s) of that unit must be a qualified income-eligible household as defined in this § 435-35. This provision shall not prohibit a unit initially designated as owner-occupied from being leased, so long as it is a lease qualifying under the provisions hereunder and the occupant(s) is a qualified income-eligible household.

Monitoring and enforcement.

The Planning Board shall maintain an inventory of the City's AHU and shall prepare an annual report, a copy of which shall be provided to DHCD, stating the following:

Whether rental units are rented to low- or moderate-income households at rents not exceeding the maximum rents set forth above;

Whether ownership units continue to be occupied as the domicile and principal residence of the owner; and

In the event of a resale, whether the unit has been resold to a low or moderate income buyer for no more than the maximum permissible resale price and subject to a new or continued AHR.

Monitoring of rental units. AHUs shall be subject to an AHR that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction.

Monitoring of AHUs. Upon conveyance or resale, affordable homeownership units shall be monitored by the City, DHCD, or a qualified third party for compliance with the AHR's resale provisions. For all subsequent resales, it is the responsibility of the monitoring agent to establish a sales price.

Loss of eligibility status. Nothing in this section shall be construed to permit eviction of a qualified purchaser or qualified tenant of an AHU due to loss of their eligibility status during the time of ownership or term of lease or rental.

Transfer of AHU. The restrictions governing an AHU shall be enforced upon resale, rerental, and/or renewal of lease of the AHU. For owner-occupied units, the use restriction shall ensure that units may only be resold to qualified income-eligible households who are qualified purchasers or qualified renters consistent with the then-applicable income limits established by HUD or successor, and/or the DHCD or successor.

All restrictions remain in effect. Nothing in this section shall be construed to permit any deed rider, covenant, agreement, and/or other mechanism restricting such items as the use and occupancy, rent level, and resale price of AHUs, and the enforcement thereof, to expire prior to any maximum limitations set forth by applicable state law. It is intended that the restrictions required herein shall survive, to the limit allowed by law, including, but not limited to, bankruptcy and foreclosure.

Timing of commitments. All contractual agreements required hereunder and any documents necessary to ensure compliance with this section shall be approved as to content by the Planning Board and City Counsel prior to the issuance of any certificate of occupancy for newly constructed, redeveloped, rehabilitated, and/or rental units.

Approval of form and content of legal documents. The applicant shall be responsible for preparing any documentation required by DHCD in order to secure LIP approval of the AHU and ensure their eligibility for the DHCD SHI. Furthermore, the applicants shall prepare all AHR and/or legal instruments required to comply with § 435-35 herein, and such documents shall be in a form satisfactory to the City Solicitor. The applicant shall reimburse the City for reasonable legal expenses incurred by the City Solicitor in reviewing or revising said deed and legal instruments.

(9)

Recording of restrictions. The special permit decision, if applicable, and all restrictive covenants required under said special permit or this § 435-35 shall be recorded at the Registry of Deeds or filed with the Registry District of the Land Court, as applicable, prior to the endorsement of any subdivision plan for the development and before the issuance of any building permit for the development.

(10)

Content of restrictions. Where the Planning Board endorses a subdivision of land that contains tracts of land not divided into building lots, but which land could later trigger the provisions of § 435-35, the covenant for such subdivision shall note the potential for the provisions of § 435-35, Inclusionary housing, to apply to a later development.

§ 435-36 Adult housing.

[Amended 1-17-2023 by Order No. 2022-133; 4-30-2024 by Ord. No. 2024-025-001]

Purpose and intent.

The Adult housing (AH) section is intended to provide unique living opportunities for adult residents over the age of 62 years. The AH section is intended to develop parcels of land in such a way so as to preserve tracts of land while providing a variety of housing options and services to residents of the development. An AH development should strive to provide an integrated "live and play" type of environment through the inclusion of recreational space and trails, and medical and personal service space, while providing walkable connections and access to nearby neighborhoods, retail amenities, educational experiences, social events, and aging-in-place options.

The intent of AH is to encourage appropriate development that blends with surrounding land uses and neighborhoods, preserves large tracts of land, and creates a neighborhood environment that includes amenities for its users. This section is a land use application consistent with the goals and objectives of the Framingham Master Land Use Plan and Open Space and Recreation Plan.

Definitions. Definitions associated with this § 435-36 can be found in § 435-5, Definitions, and § 435-35, Inclusionary housing, of this chapter. Such definitions include "adult housing," "affordable housing units (AHU)," "dwelling," "exclusive use area (EUA)," "parcel," "preservation area," "townhouse," "two-family dwelling," and "workforce housing."

Land and development requirements.

Land requirements. To qualify for a special permit under this section, the special permit granting authority (SPGA) must find that the subject parcel satisfies all of the following conditions:

The parcel is located within a residential zoning district that includes the Single-Family (R-1, R-2, R-3, R-4) or the General Residential (G) Zoning Districts;

The parcel is serviced by public water and sewer over the legal frontage of the development parcel;

The parcel has not been subdivided into smaller parcels, including approval not required (ANR), within a five-year period prior to submission of an application for § 435-36 herein; and

The parcel contains a minimum lot area per zoning district as reflected in Table 1 below, titled "Minimum Number of Buildable Acres."

Table 1: Minimum Number of Buildable Acres
Zoning District	R-1, R-2, G	R-3	R-4
Minimum number of buildable acres¹	2 acres	5 acres	10 acres

¹	Buildable acres shall not include lands identified as preservation area, wetlands and/or associated thirty-foot and fifty-foot buffers, vernal pools and the associated 125-foot buffer, and the 200-foot riverfront buffer (§ 435-17 of this chapter).

Development requirements.

Division and use of land. Applicants shall utilize the following method to calculate the total number of residential units permitted within an AH development and for setting aside the preservation area and amenity space. The basis for such determinations shall be a preliminary subdivision plan prepared in accordance with Chapter 530, Subdivision of Land. The following steps shall be followed to determine the number of units within an AH development:

The preliminary subdivision plan shall depict:

The surveyed boundaries.

The delineation of wetlands and identification of the thirty-foot and fifty-foot wetland buffers and the 125-foot vernal pool buffer.

The preservation area pursuant to Table 2: Division of Land, prior to the division of land.[1] Lands under an agriculture preservation restriction (APR) or conservation restriction (CR) at the time of the surveying, delineation, and/or the submittal of an AH application shall not be included in the preservation area, and the remaining lands not delineated as wetlands, vernal pools and buffers, shown as the preservation area, and placed under an APR and/or CR, may then be divided for the determination of the total number of individual lots pursuant to Chapter 530, Subdivision of Land. Each individual lot shall have the appropriate amount of upland to be deemed a buildable lot as set forth in Table 2: Division of Land.

The preservation area shall be removed from the parcel as outlined in Table 2: Division of Land, prior to the division of land.

The Planning Board reserves the right, at its sole discretion, to impose more stringent standards and/or to reduce the number of units to ensure that impacts generated by the project on quality of the land and locations of wetlands, vernal pools, and all other resources and buffer zones as indicated by review of the Conservation Commission, slopes defined as moderate slope, public water and sewer capacity, and capacity and safety of associated roadways and infrastructure (extended stopping distances, sight-line distances, and other similar traffic and circulation issues, etc.) are adequately addressed.

One lot shall be reserved for amenity structures and/or areas. The amenity structures and areas may exceed the size of one lot but shall not reduce the number of residential units other than for the first lot as outlined within this subsection. This lot on which amenity structures are situated shall not be included in the determination of the number of residential units to be constructed.

[4]

Applicants may place a maximum number of residential units per lot as outlined in Table 2: Division of Land, minus one lot for amenity purposes.

[5]

Assuming feasibility when all other constraints are met, applicants may qualify for up to but not more than a 50% density bonus (1.5 units per buildable lot) based on the preliminary subdivision plan and lot size requirements determined for each zoning district. The amenity structure will not count toward the total unit number calculation. The Planning Board reserves the right to reduce the density bonus as described elsewhere due to other constraints such as traffic, safety, resource protection, infrastructure, etc.

[6]

For each additional unit above the allowed number of lots yielded by the preliminary subdivision plan, the developer shall provide an additional 1% of the property (minus the preservation area) as open space and added to the preservation area. The required AHU and the workforce housing units shall not be counted nor require additional open space for the preservation area. If the developer provides more than the minimum required AHU and/or workforce housing units, then these will require additional preservation area to be provided.

Table 2: Division of Land
Zoning District	R-1/G/R-2	R-3	R-4
Maximum density increase above the allowed preliminary subdivision plan yield	50%	50%	50%
Minimum preservation area	20%	30%	35%

AH development parcel. Prior to the preparation of a preliminary subdivision plan, the parcel shall meet the requirements set forth in Table 3: Parcel Dimensional Requirements.

Table 3: Parcel Dimensional Requirements
Parcel Area	R-1, R-2, G	R-3 and R-4
Parcel frontage (feet)	65 (minimum)	100 (minimum)
Parcel front setbacks (feet)	40 (minimum)	75 (minimum)
Parcel side setbacks (feet)	50 (minimum)	100 (minimum)

The area known as the "parcel front setback" as outlined in Table 3: Parcel Dimensional Requirements is intended to retain and enhance the character of the neighborhood. The parcel front setback shall be measured from the edge of the property inward prior to the division of any land. No structures shall be located within the parcel front setback, but the SPGA may allow street trees, stone walls, trails, sidewalks, and other nonstructural features within the parcel front setback. A maximum of two curb cuts may be established along one roadway.

The parcel side setbacks shall contain no structures, roadways, or infrastructure. No vegetation in this buffer may be disturbed, destroyed, or removed, except for normal maintenance. The parcel side setbacks shall be measured from the edge of the parcel inward prior to the division of any land. The area known as the "parcel side setbacks" as outlined in Table 3: Parcel Dimensional Requirements is intended to be retained as a no-disturbance area.

Internal AH development design. Once the number of residential units has been determined and the preservation area has been located, the applicant shall utilize Table 4: AH Structure Design for the placement of structures within the AH development.

Table 4: AH Structure Design³
Dimensional Requirement	R-1, R-2, G	R-3 and R-4
Side separation between buildings (feet)	20 (minimum)	30 (minimum)
Rear separation between buildings (feet)	40 (minimum)	40 (minimum)
Building height (feet)	35 (maximum)	35 (maximum)
Building setback from an internal roadway (feet)	20 (minimum)	20 (minimum)
Minimum size of individual lots (square feet)	4,000	8,000

³	Structures shall meet the requirements for the State Fire Code relative to spacing and fire safety.

Siting of residential structures. Structures within an AH development may be located on individual lots or on a common lot.

When structures are placed on individual lots, the following shall apply:

The size of the individual lot shall allow the residential unit to meet the requirements set forth in Table 4: AH Structure Design. However, such spacing shall be measured from the exterior walls of a structure[2] rather than the parcel lines of the individual AH residential structure lots.

When single-family structures are constructed with a zero lot line, there shall be a five-foot separation between the exterior wall and the lot line for the purposes of maintenance.

Single-family, townhouse, and/or two-family dwelling structures shall be permitted to have zero lot lines on the side of the structure where the common/party/fire wall exists. However, noncommon/party/fire walls and rear walls of the structure shall conform to the requirements set forth in Subsection C(3)(a)[1] above.

Deeds shall include references to the recorded ownership of the preservation area and establishment of a homeowners' trust or association and to the existence and recorded ownership of amenity structures within the entire project.

When structures are placed on a common lot, the following shall apply:

Each individual structure shall contain an EUA.

Deeds shall include references to the EUA in addition to the established homeowners' trust or association.

Amenity structures and uses.

Amenity structures shall be designed to allow for a variety of passive and active recreational activities that support the residents of the AH development. Uses that may be considered are community program spaces; fitness/therapeutic space; educational, recreational, and accessory space; areas for neighborhood meetings and event space; country club amenities; and any other amenities and opportunities that are intended to create and promote an integrated-neighborhood-type environment.

A clubhouse may contain a space for personal services, therapists (physical, occupational, etc.) and/or medical professionals to serve its residents.

AH design standards.

Residential units.

Structure types and colors.

The development should include a mixture of architectural styles (e.g., cottages, Cape Cod, colonial, or ranch design houses, two-family dwellings, and townhouses) that are blended and dispersed throughout the development.

Exterior material and colors of structures are required to be varied and to complement colors used in the surrounding area. One color palette should not dominate the development.

Age-appropriate design.

For the purposes of creating an aging-in-place community, all residential structures shall be constructed with universal design principles and construction design that can be easily modified for accessibility. The original owner may request specific accessibility features on the ground-floor level, such as a zero-step entry and grab bars. A minimum of 50% of the units shall be initially designed with a zero-step or no-step entry from an accessible path. All structures shall include the following:

A master bedroom with an accessible en suite bathroom located on the same floor as the kitchen, living room, and dining room.

Doorways shall be a minimum of 36 inches wide throughout the first floor.

A minimum of one entrance that is easily modifiable to be transformed into a temporary or a permanent no-step entry from an accessible path between the driveway or street and the door.

[d]

Reinforced blocking within the walls of the first floor bathroom to provide for installation of grab bars and other accessible bath features.

[e]

A minimum of one indoor/garaged parking space for each unit.

Outside facilities such as walkways, gardens and recreation areas shall be designed for universal access.

Trails within the preservation area are strongly encouraged to be publicly accessible and shall connect the AH development with abutting open space parcels, trail networks, water resources, public amenities, public ways and/or neighborhoods.

Rooflines and rooftops.

Roofs of structures within an AH development are encouraged to incorporate architecturally diverse styles (examples may include cornices, dormers, gambrel roofs, gabled roofs, mansard roofs, saltbox, hip roofs, hip roofs with decks, etc.).

All rooftop mechanical equipment for all structures shall be screened, with the exception of chimneys.

Porches and decks.

Structures within an AH development shall be architecturally diverse through the use of farmer's porches, open porches, front porches, porticos, patios, etc.

Decks or three-season rooms shall be included within the design of all structures and located to the side or rear of the structure.

Garages. Garages shall not dominate the frontage of a structure nor shall the garage extend more than six feet beyond the front of the structure.

Design standards.

The neighborhood cluster development design standards in § 435-38C(4)(b), (c), (d), (g), (i) to (l), and (o) to (r) of this chapter shall apply to all structures within an AH development.

Projects should strive to incorporate alternative energy sources and technologies into the project infrastructure and within the design and construction of all new and redeveloped buildings if feasible.

Parking.

Two vehicular parking spaces shall be required per dwelling unit.

One vehicular parking space shall be required for every four dwelling units for visitor parking. Such visitor spaces shall be located throughout the development.

The development shall include common or guest parking in proximity to any clubhouse or other facility serving residents and may be required in off-street parking areas as determined by the Planning Board.

No single parking area for amenity structures and/or uses shall contain more than eight parking spaces and all such areas shall be adequately landscaped.

A minimum of two parking spaces shall be provided for public use when the proposed trail system connects to a publicly accessible park or trail system. One of the two parking spaces shall be ADA compliant. "No Overnight Parking" signage shall be installed within the area designated for trail parking.

Landscaping.

Where the perimeter buffer is wooded, it shall remain in a natural, undisturbed state to preserve the natural character of the existing parcel in relation to the surrounding neighborhood.

At the sole discretion of the Planning Board, a no-cut easement or conservation restriction may be required within the perimeter buffer.

One street tree shall be planted in front of each residential unit. For portions of roadways where there are no residential structures, one street tree shall be planted at least every 30 feet along the roadway.

Existing healthy native trees shall be retained to the greatest extent feasible. All trees over ten-inch caliper that are to be removed to accommodate construction shall be replaced elsewhere on the project site with one native or hybrid species that is a minimum of a three-inch caliper and two native shrubs as determined and approved by the Planning Board.

Landscaping shall be required to be incorporated within the frontage of each unit and between buildings to provide increased privacy while minimizing the visual elements of the streetscape.

Infrastructure and roadways.

All infrastructure and roadways shall be constructed and installed in accordance with Chapter 530, Subdivision of Land, and Chapter 540, Article V, Roadway Construction Standards, as the same may be amended from time to time.

One-way streets are strongly encouraged throughout the development.

On-street parking shall be permitted on one side of one-way streets. Such on-street parking shall not be counted towards visitor off-street parking.

Sidewalks shall be incorporated and installed throughout the AH development on one side of each street only.

Workforce and inclusionary housing. In an effort to provide a diversity of housing stock within the development and the City of Framingham, a developer of an AH project shall provide a minimum of 10% of the units as affordable housing units (AHU), pursuant to Subsection F(1) and a minimum of 10% of the units as workforce housing units, pursuant to Subsection F(2).

Affordable housing unit (AHU). All AH projects that are approved after January 1, 2019, under the minimum age requirement of 62 years of age shall comply with the requirements set forth in § 435-35 of this chapter.

Workforce housing units.

The number of workforce housing units shall equal 10% of the total number of AHU in the project. The first 10 workforce housing units shall be counted as part of the total number of residential units. Each required workforce housing unit above 10 shall be added onto the total number of residential units. For example, for a project with 100 units the developer shall provide a minimum of 80 units as market rate, 10 units as AHU, and 10 workforce housing units for a total of 100 units. For projects with 110 units, the developer shall provide a minimum of 89 units as market rate, 11 units as AHU, and 11 workforce housing units for a total of 111 units (the 111th unit is the workforce housing unit).

The applicant shall be required to provide workforce housing and AHU within the AH development. Said units shall be constructed in the same manner as the market-rate units and shall be sold to qualifying persons who meet the requirements of an AH development and, where applicable, workforce housing or affordable housing requirements. Framingham residents and/or employees of businesses located within Framingham shall be given a local preference for 70% of the workforce housing units and AHUs.

Qualified individuals shall be selected through the same process as prescribed in § 435-35, with the exception of filing a Local Initiative Plan (LIP) application with the state and/or be required to work with MassHousing to record the units. Applicants shall reference Chapter 525, Planning Board Rules and Regulations, for specific requirements relative to the workforce housing and AHU process.

Each workforce housing unit and AHU shall be deed-restricted respectively and shall be reviewed and approved by the Framingham Planning Board and the City Solicitor prior to obtaining a certificate of occupancy.

Subsequent owners shall file notice of sale of a workforce housing unit or AHU and shall follow the same process employed when it was originally sold. The Framingham Planning Board or its designee shall keep records of all workforce housing units and AHU within Framingham associated with AH developments.

Affordable housing units for special permits issued prior to January 1, 2019, with a minimum age of 55 years or older. An applicant who has been granted a special permit for active adult housing by a decision of the Planning Board and filed with the Town or City Clerk prior to January 1, 2019, with a minimum age of 55 years or older shall comply with the conditions of the granted decision for the respective project for inclusionary housing.

Conservation restriction (CR) of the preservation area. All open space preserved under this section of these regulations shall be subject to the following conditions without exception:

Such parcel shall be placed under a CR in perpetuity pursuant to MGL c. 184, § 32, to ensure that said parcel shall remain conservation land in perpetuity. Once a CR has been placed on the preservation area, the construction of additional buildings is prohibited and no portion of the preservation area land shall be used to yield additional structures.

The municipality shall act through its Conservation Commission or Park and Recreation Commission, a land trust, or the Commonwealth of Massachusetts and shall hold the conservation restriction (CR). In all cases, the terms of the CR, including the nature and extent of public access and provisions for parcel maintenance, shall be reviewed and approved by the Planning Board, City Solicitor, and City Council prior to any permit being granted.

Prior to the issuance of the first building permit and at the expense of the applicant, the entire open space land area preserved under the preservation subdivision shall be placed under a CR in perpetuity and held by the municipality or a charitable corporation or trust whose purpose includes the conservation of land or may be held jointly with a charitable corporation or trust whose purposes includes the conservation of land.

The holder of the CR may allow for community gardens, passive recreation, trails, and recreation fields upon agreement by the CR holder and the landowner and/or homeowner trust, subject to the approval of the Secretary for the Executive Office of Energy and Environmental Affairs.

All of the above restrictions shall be incorporated into each respective deed as part of the CR.

Age restriction. Each dwelling in an AH development shall be subject to an age restriction in compliance with fair housing laws, and said age restriction shall be part of the deed, deed rider, restrictive covenant, and/or any other documents of record that shall be recorded at the Registry of Deeds or filed with the Registry District of the Land Court. The age restriction shall run with the land and shall be enforceable by any or all of the owners of dwelling units in the AH development or by the City of Framingham.

Such age restriction shall limit the dwelling units to occupancy by at least one an adult who must be 62 years of age or older.

Marketing of units in an AH Development shall comply with all fair housing laws and shall include, to the extent legally allowable, a strategy for marketing units to Framingham residents and their immediate families.

In the event of the death of the qualifying owner/occupant(s), or foreclosure or other involuntary transfer of a unit in an AH development, an age-restriction exemption shall be allowed for the transfer of the unit to another household member for up to two years.

Construction. As part of the special permit, the Planning Board may impose specific phasing conditions designed to limit the period allowed for noise, traffic, and disruption during the construction phases that would adversely impact living conditions, safety, or business in the immediate area. Failure to comply with the conditions set forth in the special permit shall result in possible revocation of the special permit, applicable fines from the Department of Inspectional Services, and/or other punitive actions by the City.

Procedure for waiver. All AH development projects shall comply with § 435-36 of this chapter. The Planning Board may waive the requirements of § 435-36E of this chapter by a four-fifths vote where such waivers will allow for better design and/or improved protection of resources.

Homeowners' trust or association.

The applicant shall establish a homeowners' trust or association for the AH Development. The homeowners' trust/corporation shall operate in accordance with a homeowners' trust or association agreement, which shall be submitted to the Planning Board and the City Solicitor for review and approval prior to its recording or the sale of any unit or the release of the dwelling units.

The homeowners' trust/or association documents shall provide for the maintenance in perpetuity of the common-area lands and preservation area; the drainage system of the development, including any detention or retention basins; common sewage facilities; common leaching areas; streets and sidewalks; paths; common recreation and maintenance facilities; common parking structures and parking lots; and other common-use areas and facilities within the development.

§ 435-37 Accessory drive-thru facility regulations.

Snow and rubbish removal within the project limits shall be the responsibility of the project owner/developer or subsequent homeowners' association, in perpetuity, with no responsibility on the part of the municipality.

Variance. The Planning Board shall not grant a special permit for the development and construction of an AH development if a variance from the requirements of § 435-36 of this chapter has been issued by the Zoning Board of Appeals.

Purpose. The purpose of this accessory drive-thru facility regulations section is to provide site design guidance at the planning application stage in order to assess, promote, and achieve appropriate development of an accessory drive-thru facility. Each accessory drive-thru facility will be reviewed in conjunction with this section for specific site context and conditions.

General provisions.

Accessory drive-thru facility application. Applications for a new accessory drive-thru facility or for modification of existing structures submitted after the adoption of this section shall require a special permit from the Planning Board in conformance with the provisions of this section herein.

Elements of an accessory drive-thru facility. An accessory drive-thru facility is composed of the stacking lanes and the service area. A "stacking lane" is the space occupied by vehicles queuing for the service to be provided. The service area includes, but is not limited to, the order stations, windows, menu boards, speakers, and lighting.

Accessory drive-thru facility site design standards.

The access points to the accessory drive-thru facility from the public way shall be constructed a sufficient distance from roadway intersections to prevent traffic conflicts, overflow, and congestion. When possible, the accessory drive-thru facility shall exit onto a secondary street.

The stacking lanes and service area shall be located to the side or rear of the buildings and site.

All driveways and stacking lanes shall be clearly delineated on-site with pavement markings and traffic control signage.

The exit from the accessory drive-thru facility shall have unobstructed lines of vision clear of vegetation and signage.

The maximum number of stacking lanes permitted for:

Fast-food establishments is two stacking lanes;

Financial institutions is two stacking lanes; and

Pharmacy is one stacking lane.

The accessory drive-thru facility shall be designed to reduce pedestrian and vehicular conflicts. A minimum of 75% of the parking spaces shall be designed so there are no conflicts between the stacking lanes and the pedestrian access into the establishment.

Adequate space shall be provided between the stacking lane and the parking field to maintain safe parking conditions.

The stacking lanes shall not block access to parking spaces, on-site loading areas, and trash-removal operations and facilities.

(9)

The stacking lanes shall be effectively separated from the parking field through the use of curbing, raised islands, and/or landscaping improvements. The Planning Board may permit the use of hardscape improvements such as decorative pavers and bollards to meet this design objective.

(10)

Each stacking space within a stacking lane shall be a minimum of 20 feet in length and 10 feet in width along straight portions and 12 feet in width along curved segments of the stacking lane.

(11)

All interior pedestrian crosswalks shall be a minimum of eight feet in width and constructed of material that contrasts with driveway and surface treatments. The Planning Board may require crosswalks to be raised up to curb level.

(12)

An emergency exit and/or bypass lane may be required for the stacking lane or service area.

(13)

The service area and stacking lanes shall be located a sufficient distance from the property line of adjacent uses to prevent noise or lighting impacts.

(14)

In addition to the standard requirements of this chapter, the Planning Board may require additional buffering and screening to effectively shield adjacent properties from a drive-thru facility.

(15)

When a drive-thru facility is proposed on a property within an historically or architecturally significant building as defined under Chapter 284, Historic Preservation, § 284-9, of this Code, the architectural-character-defining exterior elements of the building shall be preserved.

(16)

The service area shall incorporate weather-protection features.

(17)

All elements of the drive-thru shall be designed to provide adequate clearances as may be required by state and federal regulations with respect to the design of any architectural access features required under the Americans with Disabilities Act (ADA) and with 521 CMR, Architectural Access Board Rules and Regulations.

Number of required accessory drive-thru lane stacking spaces.

Fast-food establishment.

A minimum of 10 stacking spaces shall be provided before the service area. If the service area has two order stations, the 10 stacking spaces may be divided between each of the order stations.

A minimum of five additional stacking spaces shall be provided after the order station. If the drive-thru facility has a transaction window before the pickup window, an additional two stacking spaces are required between the transaction window and the pickup window.

A minimum of two designated customer delivery spaces shall be provided for an accessory drive-thru facility.

Financial institution. A minimum of three stacking spaces shall be provided before the transaction service (i.e., teller window, automated teller, or automated teller machine). If the facility has two stacking lanes, the stacking spaces may be divided between the two stacking lanes.

Pharmacy. A minimum of four stacking spaces shall be provided before the transaction service.

Additional conditions, limitations, and safeguards.

The Planning Board may by a special permit, four-fifths vote, waive the above-referenced provisions herein, if the Planning Board determines that an alternate design serves a public benefit or contributes to an overall better site design.

Any application for review and approval of a drive-thru facility shall also be subject to site plan review under § 435-47. The site plan review application shall be submitted concurrently with any special permit application.

Conditions and revocation of permit.

In granting approval of an application for an accessory drive-thru facility, the Planning Board may attach conditions, limitations, and safeguards as deemed necessary. Such conditions, limitations, and safeguards shall be in writing and be part of such special permit approval. The Planning Board may attach the following conditions to the special permit approval:

Conditions to provide a system of joint-use driveways and cross-access corridors with adjacent properties to facilitate access management, to prevent traffic safety hazards, and to maintain the level of service on adjacent roadways;

Conditions to require additional stacking spaces based on a specific proposal; and

Conditions to allow the Planning Board to evaluate the facility up to one year of operation to determine that the conditions are sufficient to mitigate any adverse impacts.

The failure to comply with this section and/or the terms of the permit may result in revocation of the permit issued hereunder. The Planning Board shall by first class mail send the owner written notification of any failure to comply with this section and/or the terms of the permit. If the owner believes that he is not in violation, he may request and will be granted an opportunity to attend a Planning Board meeting to try to resolve the alleged violation. If, within 30 days of the date of mailing of said notice, the owner has not resolved the matter with the Planning Board or remedied the alleged violation, it shall be grounds for revocation of the permit.

§ 435-38 Neighborhood cluster development.

At the expiration of the thirty-day period, the Planning Board after a duly noticed public hearing, including notice to the owner by first class mail, may revoke the permit if it finds by a four-fifths vote that there has been a violation of this section and/or the terms of the permit and that the owner has failed to remedy it; alternatively, the Planning Board may continue the public hearing or by a four-fifths vote extend the time period in which the violation may be corrected.

[Amended 1-17-2023 by Order No. 2022-133; 4-30-2024 by Ord. No. 2024-025-001]

Purpose and intent. The purpose of the neighborhood cluster development (NCD) section is to allow, by special permit from the Planning Board, an alternative use and pattern of land development to the standard conventional grid subdivision permitted in the Single-Family Residential Districts (R-1 and R-2). The intent of the NCD section is to:

Further the goals and policies of the Master Land Use Plan;

Conform the development to existing topography and natural features better than a conventional or grid subdivision;

Consume less open land;

Create a residential neighborhood that provides opportunities for social interaction, such as walking and hiking in common land areas;

Utilize the most recent version of the Massachusetts Highway Department Project Development and Design Guide – Complete Street Design Techniques;

Utilize low-impact development design techniques;

Utilize green building design techniques; and

Facilitate the construction and maintenance of housing, streets, utilities, and public service in an economical and efficient manner.

Applicability.

This section shall apply to any parcel or parcels of land that are in one ownership throughout or any combination of parcels of land consolidated under a purchase and sale agreement where all such owners jointly apply for an NCD special permit. To be included in an application for an NCD special permit and defined herein as the NCD tract, such parcel or parcels must have definite boundaries ascertainable from a recorded deed or recorded plan and be located within a zone permitting an NCD.

The Planning Board may permit lots directly on opposite sides of a street, right-of-way, or public utility to qualify as a single NCD tract of land. To permit such division of an NCD tract of land by a street, right-of-way, or public utility, the Planning Board must find that this would comply with the purpose of this section and not result in any more dwelling units than would be possible in accordance with the provisions of this section if the lots on either side of the street, right-of-way, or public utility were developed separately. Such permit shall be subject to the dimensional regulations and design standards under § 435-38C herein.

Eligible properties shall be located in the Single-Family Residential Zoning Districts of R-1 or R-2 and shall be served by municipal public water and sewer. The total gross land area included within the NCD tract shall be at least four contiguous acres in size with a minimum of 40 feet of frontage on a street.

The Planning Board may issue a special permit under this section, subject to the requirements of this section, and in accordance with the additional requirements and standards specified within this § 435-38, only if no variance has been issued from the requirements of this § 435-38. A variance shall render a property ineligible for the filing of a NCD application and special permit under this section.

No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, or excavation except for purposes of soil testing, dredging or filling, or construction of buildings or structures, shall be done within 12 months prior to the filing of an NCD application. The above activities shall render a property ineligible for the filing of a NCD application and special permit under this section.

Neighborhood cluster development standards.

Permitted uses. Permitted uses in the NCD shall be single-family detached dwellings and/or townhouse dwellings with no more than three attached townhouse dwelling units. The Planning Board by an affirmative vote of at least four members may allow four attached dwelling units.

Density. The intensity of use for a NCD shall be determined through the use of the following density formula herein and shall be calculated in the order presented in 1) through 5) below.

NCD DENSITY FORMULA
1)	Total gross land area (T) - Infrastructure (I) - Wetlands (W) - Slope(S) = Net buildable area (NBA)
2)	Net buildable area (NBA)/Minimum lot area (MLA) = Base residential density (BRD)
3)	Base residential density (BRD) * Minimum open space (ORU) = Common land area (C)
4)	Net buildable area (NBA) - Common land area (C) = Developable area (DA)
5)	Developable area (DA)/Minimum lot area (MLA) * Number of bedrooms (TB) = Allowed bedroom count (ABC)
	(T) = Total gross land area (square feet)
	(I) = 12% of total gross land area for infrastructure (square feet)
	(W) = 100% of total wetlands on-site (square feet)
	(S) = Total slope greater than 20% on-site (square feet). Slope shall be reviewed and confirmed by the City Engineer or by the Planning Board's professional consultant.
	(NBA) = Net buildable area (square feet)
	(MLA) = Minimum lot area for a single-family detached dwelling in the R-1 and R-2 Zoning Districts
	(BRD) = Base residential density
	(ORU) = Minimum open space per residential unit is 2,800 square feet per unit¹
	(C) = Minimum required common land area (square feet)²
	(DA) = Developable area (square feet)
	(TB) = Number of bedrooms per unit is 3.5 bedrooms³
	(ABD) = Allowed bedroom count

*	Denotes multiplication
¹	2,800 square feet is the minimum open space per residential unit derived from 800 square feet per bedroom required by § 435-27F(3) multiplied by 3.5 bedrooms.
²	Required common land area shall also comply with Subsection D(2)(a) herein.
³	The number of units and bedrooms shall be rounded up to the next whole number.

Dimensional regulations. The dimensional regulations specified in § 435-27 are not applicable, except as specified herein. However, the Planning Board must find that such exceptions from § 435-27 will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations. The Planning Board shall not approve an NCD that does not comply with the following minimum standards in the table herein:

Table of Dimensional Regulations¹
	Zoning District R-1		Zoning District R-2
Dimensional Requirement	Single-Family	Townhouse	Single-Family	Townhouse
Lot frontage² (feet)	30	30	30	30
Minimum front setback for buildings (feet)	15	15	15	15
Minimum side setback for buildings³ (feet)	10	10	10	10
Minimum rear setback for buildings (feet)	25	25	25	25
Minimum distance between buildings (feet)	20	20	20	20
Maximum height of buildings and structures	2 stories/30 feet	2 stories/30 feet	2 stories/30 feet	2 stories/30 feet
Maximum lot coverage⁴	40%	40%	40%	40%

¹	Unless otherwise provided for in § 435-38, the dimensional regulations in § 435-38C(3) herein, shall be complied with.
²	Lot frontage in this chart refers to instances where the lots are owned by individual homeowners.
³	Except for approved zero-lot line development.
⁴	The area of a lot lying within the outside lines of exterior walls of all buildings on the lot, including the area of any appurtenance or, if indicated by the context, the ratio of said area, to the total developable area (DA) of the NCD tract, expressed as a percentage.

Design standards. The NCD shall be consistent with the following site development and building design standards:

Zero-lot line development in accordance with the State Building Code may be allowed by an affirmative vote of at least four members of the Planning Board.

Buildings shall be separated as required by applicable fire safety and buildings codes.

Screening and buffering shall be provided to respond to the need for privacy between and around dwelling units:

No structures within the NCD shall be placed closer to the NCD tract property line than the front setback requirement of 30 feet;

No structures within the NCD tract shall be within 30 feet of the common land area; and

There shall be a buffer zone between the NCD tract and adjacent properties that shall provide effective buffering and screening that includes a combination of deciduous and/or evergreen trees and lower-level elements such as shrubs, hedges, grass, ground cover, planted berms and/or opaque fencing.

The site design and building design shall relate harmoniously to the topography and unique physical characteristics of the NCD tract.

The buildings within the NCD tract shall be sited to maximize the number of house lots with open space views and convenient access to usable open space while minimizing the interruption of scenic vistas and open space as seen from the roadway.

The development shall not impede access to common land.

Roadways, sidewalks, and pathways shall incorporate complete street design concepts into the NCD.

The stormwater drainage system shall incorporate low-impact development techniques to achieve sustainability objectives.

NCD projects shall investigate and employ to the extent feasible potential alternative energy sources for the individual residence and development.

(j)

The utilities shall employ energy-efficient devices and techniques in accordance with the State Building Code, which may include but is not limited to Energy Star^®, low-emission demand, LEED both for individual residences and development to achieve sustainability objectives.

(k)

Utility boxes, dumpsters and similar accessory uses and structures shall be located in convenient locations, visually screened, and shall not impede pedestrian or vehicular circulation.

(l)

All utilities shall be placed underground.

(m)

Access to residences may be provided by common or shared driveways not to exceed 1,000 linear feet in length.

(n)

A common or shared driveway serving three or more residential units may require a higher construction standard than a standard driveway construction.

(o)

Historic, traditional, or significant uses, structures, or architectural elements shall be preserved where possible and any removal or disruption shall be minimized.

(p)

Building design shall provide visual interest and avoid monotony and repetition in adjacent or nearby structures. The architecture shall be designed to provide variation through the use of color, building material, detail, breaks in rooflines and wall lines, porches, detailed cornices, and substantial roof overhangs, dormers, screenings and/or other architectural elements. Traditional materials such as wood and masonry are strongly encouraged for exterior facades. Windows and exterior doors shall be consistent and compatible with the materials, style, and color of the building, and shall be arranged to give the facade a sense of balance and proportion.

(q)

Residential parking spaces shall be located in reasonable proximity to the dwelling or in attached garages. One- or two-car garages attached to individual dwelling units shall be encouraged. Such garages shall be designed to architecturally complement and enhance the building design and shall not dominate the building and site layout. They shall not obscure the front of the unit or building and may extend no more than six feet beyond the face of the building unless approved by an affirmative vote of at least four members of the Planning Board. Freestanding garages shall be located to the side or to the rear of the building or units; access to garages may be from the rear of the residential dwelling units.

(r)

Ancillary structures, uses or amenities owned individually or in common shall be shown on the plan and fully incorporated into the design of the NCD. These ancillary structures, uses or amenities shall not exceed 5% of the total developable area of the NCD tract and shall not be allowed without approval from the Planning Board and the special permit issued pursuant to § 435-38 herein.

Affordable housing requirement. NCD projects must comply with all the requirements of § 435-35, Inclusionary housing.

Neighborhood Cluster Development R-1 and R-2 Districts: NCD projects must comply with all the requirements of § 435-35, Inclusionary housing, in addition to providing the current required percentage of workforce housing units as amended from time to time.

Common land design standards.

Open space design. Common land shall be designed in large, contiguous units whenever possible. Strips or narrow parcels of common land shall be permitted only for access; to connect to other significant areas; or designed to protect linear resources such as trails or streams, wildlife corridors, or as vegetated buffer strips along the site's perimeter. Whenever possible, common land should connect with existing or potential conservation or common land areas on adjoining parcels.

Common land standards. The total area of common land shall meet or exceed the following standards:

Notwithstanding the common land area calculation under § 435-38C(2) herein, the minimum required common land for an NCD shall be at least 30%.

The wetland resource areas shall not comprise more than 25% of the common land.

Slopes greater than 20% shall not comprise more than 25% of the common land.

Use of common land. The use of common land shall be solely for recreation, conservation, gardening, or park purposes by residents and/or the public. Where appropriate, multiple uses of common land are encouraged. Up to half of the required common land may be required to remain in its natural state. The proposed use of the common land shall be specified in the application. If several uses are proposed, the plans shall specify which uses will occur in which areas. The Planning Board shall have the authority to approve, disapprove, or recommend particular uses proposed for the common land.

Accessory structures. Up to 5% of the common land may be set aside and designated to allow for the construction of structures and facilities accessory to the proposed use of the common land, including parking for such uses.

Common landownership and maintenance.

Conveyance of common land. All or part of the common land may be conveyed:

To the City of Framingham for park, recreation, gardening and/or conservation use;

To a nonprofit organization, the principal purpose of which is the preservation and conservation of common land; and/or

To a homeowners' corporation or trust, owned or to be owned by all of the owners of lots or dwelling units within the NCD. If such a homeowners' corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units.

Permanent restriction. Common land shall be subject to a permanent restrictive covenant to ensure that the open space is maintained and preserved as open space in perpetuity and shall provide for the following as may be applicable:

The ownership of all common land shall be shown on the site plan for the NCD.

Mandatory membership in the homeowners' corporation or trust, as a requirement of ownership of any residential unit or lot in the NCD tract.

Provisions for maintenance assessments of all owners of residential units or lots in order to ensure that the common land is maintained in a condition suitable for the approved uses, and that failure to pay such assessment shall create a lien on the property assessed, enforceable by the homeowners' corporation or trust or the City.

Provisions which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the common land will not terminate by operation of law.

The developer of the NCD shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the grantee(s) are capable of assuming said responsibility.

Encumbrances. All areas to be set aside as common land shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

Maintenance of common land. In any case where common land is not conveyed to the City, the applicant may be required to grant to the City a conservation restriction easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such restriction shall provide that in the event the trust, homeowners' association or any other owners fail to maintain the common land in reasonable condition, the City may, after notice to the lot owners, enter upon such land to maintain it in accordance with the requirements of this section and the special permit. The cost of such maintenance by the City shall be assessed against the properties within the development and/or to the owner of the common land. The City may file a lien against the lot or lots to ensure payment of such maintenance expenses.

Monumentation. Where the boundaries of the common land are not readily observable in the field, the Planning Board may require placement of permanent surveyed bounds sufficient to identify the location of the common land.

Special permit application and procedures.

Applicants shall submit an NCD plan developed by an interdisciplinary team of professionals, including, but not limited to, a registered professional engineer and a registered landscape architect both registered in the Commonwealth of Massachusetts, and other professionals as determined by the applicant and Planning Board. The interdisciplinary team is essential to the project to ensure that development within the NCD for both residential development and common land preservation best fits the land.

The applicant shall submit an application for an NCD special permit as specified in the neighborhood cluster development application and procedure requirements of Chapter 525, Planning Board Rules and Regulations, as amended from time to time.

Procedural requirements.

Application procedure. The review procedure shall be in conformance with MGL c. 40A, §§ 9 and 11, and § 435-46 of this chapter and other permitting and approval processes as may be applicable. The Planning Board may require the applicant to provide funds for Planning Board review consultants to assist in the technical review of the proposal in accordance with Chapter 525, Planning Board Rules and Regulation, as may be amended from time to time, and in accordance with Chapter MGL c. 44, § 53G.

Preapplication conference. The applicant is encouraged to meet with the Planning Board in open session for an NCD preapplication conference prior to submitting a formal application for NCD special permit. Materials which should be submitted prior to such conference include the preliminary NCD density calculation with density yield plan, and an existing conditions plan. These materials should allow for a preliminary discussion of density yield for the proposed NCD and should provide an opportunity for informal staff and Planning Board review of the project design, while various design options are still open. The preapplication conference, preliminary materials, and discussions within the conference shall not be binding upon the Planning Board or applicant for the final approval of the project.

Special permit criteria.

In evaluating the proposed NCD, the Planning Board shall consider the general purpose and objectives of this section; the existing and probable future development and use of surrounding areas; the appropriateness of the proposed layout of streets, ways, lots and structures; and the design and use of the common land in relation to both the proposed dwelling units in the NCD and the important natural features of the proposed NCD tract of land.

The special permit shall be granted only if the Planning Board finds the NCD in compliance with § 435-46C(1) and with each of the following:

The proposed development shall be consistent and/or comply with the purpose and intent and applicability subsections of an NCD as specified in § 435-38A and B of this chapter;

The proposed development shall comply with the requirements, standards, and objectives of this § 435-38 and other applicable requirements of this chapter;

The proposed development shall be in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood;

[d]

The proposed development shall provide for efficient use and delivery of municipal and other services and infrastructure; and

[e]

The proposed development shall not create a hazard to abutters, vehicles or pedestrians.

Special permit conditions. As a condition of approval, the Planning Board may require such changes in the proposed development plans and may impose such conditions and safeguards as permitted under § 435-46C(2), including the requirement for a performance guarantee, to secure the objectives of this section, and to protect the health, safety and welfare of the inhabitants of the City of Framingham.

Review and approval process.

Change in plans after grant of special permit. No corrections, additions, substitutions, alterations, or any changes as defined in § 435-46B(5), shall be made in any plans, proposals, and supporting documents approved and endorsed by the Planning Board without the written approval of the Planning Board.

Limitation on development. As may be applicable, no land shown on an approved NCD site plan for which an NCD special permit is granted under this section may be further developed, unless such NCD special permit lapses or is rescinded. Exceptions may be made for minor shifts of a lot line between residential lots within the NCD tract, but under no circumstances may the lot lines of the common land be amended or may additional lots be created.

Relationship to subdivision control law required. Planning Board approval of a NCD special permit under this section shall not substitute for compliance with the Subdivision Control Law,[1] nor require the Planning Board to approve any plan showing a subdivision or division of land, nor reduce any time periods for Planning Board consideration under the law. All waivers from Subdivision Control Law or Chapter 530, Subdivision of Land, as may be amended from time to time, shall be pursuant to MGL c. 41, § 81R.

§ 435-39 Open space cluster development.

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

[4]

Rules and regulations. The Planning Board may adopt and amend reasonable rules and regulations for the administration of this section, including a schedule of fees. Direct costs associated with required legal notices shall be charged to the applicant.

Purpose and intent.

The open space cluster development (OSCD) section shall apply to parcels of land within the City of Framingham that meet the definition of "open space parcel (OSP)." The OSCD section provides landowners with an alternative to conventional residential subdivision while protecting a large portion of the property in its current state or use.

The intent of this section is to:

Promote and protect the OSP through conservation of those lands in their natural condition, to preserve habitat and environmentally sensitive areas, or passive recreational opportunities;

Preserve land which, by virtue of its soil composition, acreage, location adjacent to and contiguous with farmland or preserved open space forming discrete blocks of land, and its lack of protection under existing zoning or other laws, comprises the critical unprotected open space areas of the City of Framingham.

Create a unique cluster development neighborhood setting while preserving important open space resources;

Establish nonmotorized vehicular connections between open space parcels, water resources, neighborhoods, and/or public amenities; and

Promote land use consistent with the Framingham Master Land Use Plan and Open Space and Recreation Plan, as may be amended from time to time.

Open space parcels.

Applicability. To qualify for a special permit under the OSCD, the proposed land shall be:

Located in a R-3 or R-4 Single-Family Residential Zoning District;

Consistent with the definition of an open space parcel; and

Not have been subdivided into smaller parcels, including approval not required (ANR), within a five-year period prior to submission of an application for § 435-39 herein.

Development requirements. The development of the open space parcel shall require the following conditions:

The applicant shall file with the Planning Board a preliminary plan conforming to the requirements of § 530-33 of Chapter 530, Subdivision of Land, the Massachusetts Wetlands Protection Act (MGL c. 131 § 40) and Chapter 427, Wetlands Protection, as may be amended from time to time. A professional land surveyor or engineer registered in the Commonwealth of Massachusetts shall prepare the preliminary plan to determine the number of buildable lots that would be created under conventional zoning. The preliminary plan shall identify the quality of the land by identifying all wetlands, other resource areas, and slopes over 15%. The number of lots shall also be consistent with § 435-33, Land disturbance and stormwater management, and shall be reviewed for accuracy and approved by the City Engineer. A copy of the preliminary plan and all related documents shall be filed with the Conservation Commission for review. The Conservation Commission shall review the delineated wetlands, resource areas and buffer zones and make a recommendation to the Planning Board.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

A minimum of 60% of the open space parcel shall be known as the "open space preserved area" and shall be preserved under a conservation restriction in accordance with § 435-39D(2).

A maximum of 40% of the open space parcel shall be known as the "open space buildable parcel" and may be utilized for residential development.

The applicant shall submit a proposed site plan that may request a unit density bonus of up to 20% of the number of buildable lots determined under the preliminary plan. During a preapplication meeting, the Planning Board shall determine if the proposed density bonus is acceptable based on the quality of the open space preserved area. Factors that the Planning Board shall consider to determine the density bonus include the quality of the land preserved and locations of wetlands, vernal pools and all other resources and buffer zones as reviewed by the Conservation Commission and slopes over 15% and any possible need for septic systems and wells.

Open space cluster development requirements. Areas allowed for residential development on the open space buildable parcel shall be required to meet the following conditions:

Dimensional regulations. The OSCD shall comply with the Table of Dimensional Regulations in this subsection. However, the Planning Board may waive the requirements of the Table of Dimensional Regulations by a four-fifths vote where such waivers will allow for a better design and/or improved protection of natural and scenic resources.

Table of Dimensional Regulations
Open Space Buildable Parcel	R-3 and R-4
Lot frontage for the buildable parcel	150 feet
Vegetated buffer surrounding the development adjacent to the active farm	100 feet
Vegetated buffer surrounding the development adjacent to other land uses	75 feet
Front building setback	30 feet
Side building separation	50 feet
Rear building separation	75 feet
Maximum number of attached units	3
Maximum building height	3 stories/35 feet

Design standards. The building parcel shall be consistent with the following site development and building design standards:

Dwelling units. The OSCD shall be comprised of attached dwelling units and/or single-family dwelling units.

Design. The neighborhood cluster development design standards found in § 435-38C(4)(b), (d), (g), (i) through (l), and (o) through (r) and the inclusionary housing ordinance requirements of § 435-35 of this chapter apply.

Layout of buildings. To maintain the visual scale of the community, each dwelling unit shall have its own exterior entrances.

Streets and utilities. All streets, whether public or private, shall be designed and constructed in accordance with the American Association of State Highway and Transportation Officials (AASHTO) "Guidelines for Geometric Design of Very Low-Volume Local Roads," dated 2001 and "Complete Streets Policies" of the Massachusetts Department of Transportation.

Water and sewer facilities and systems and other utilities, whether public or private, shall be designed and constructed in accordance with the requirements set forth by the Department of Public Works and Board of Health and/or Department of Environmental Protection. At the request of an applicant, the Planning Board, with approval of the Department of Public Works, may waive the subdivision design standards under Chapter 530, Subdivision of Land, provided the Planning Board determines such exceptions are in the public interest and that the waiver furthers the purposes of this section. Individual or community septic systems may be allowed, subject to Board of Health and/or Department of Environmental Protection approval, regulations, conditions and restrictions. Public water and sewer infrastructure shall not be constructed or paid for by the City.

Drainage. The Planning Board shall require the use of nonstructural stormwater management techniques and other drainage techniques that reduce impervious surface and enable infiltration utilizing low-impact development techniques for stormwater management recommended by the Massachusetts Department of Environmental Protection, where feasible.

Common open space area.

An area within the open space buildable parcel shall be designated as common open space area for the use by the residents of the OSCD. At least 800 square feet per bedroom shall be designated as common open space area. Common open space area may be used for active, passive or leisure activities.

Common open space area shall meet the following minimum standards:

The wetlands or slopes greater than 15% shall not comprise more than 25% of the common open space area, as identified in the preliminary plan, § 435-39B(2)(a) herein.

Open space and connectivity.

A trail within the open space preserved area accessible to the general public shall be established connecting the open space buildable parcel with abutting open space parcels, trail networks, water resources, public amenities, public ways and/or neighborhoods.

A minimum of two parking spaces shall be provided for public use, to be utilized while using the trail. One of the two parking spaces shall be ADA compliant. "No Overnight Parking" signage shall be installed.

Public access details shall be determined during the public hearing process and written into the conservation restriction (CR) documents and the homeowners' and/or condominium association documents.

Conservation restriction. The Open Space Preserved Area shall be required to meet the following requirements:

The City of Framingham acting through its Conservation Commission, a land trust, or the Commonwealth of Massachusetts shall hold the CR. The CR of the open space preserved area shall not remain under open space preserved area owner. In no event may the land subject to the CR be combined, included or joined with or considered as part of the open space buildable parcel nor shall the owner of the open space preserved area hold the CR. In all cases, the terms of the CR, including the nature and extent of public access and provisions for property maintenance, must be reviewed and approved by the Planning Board and the City Solicitor.

The entire open space preserved area shall be placed under a CR in perpetuity prior to the issuance of the first building permit at the expense of the applicant, held by the City of Framingham and a nonprofit land trust.

The CR shall be drafted to include the provision that no active recreational facilities shall occur on the open space preserved area. The holder of the CR may allow for passive recreation opportunities on the open space preserved area through consent with the owner of the land.

All of the above restrictions must be written into the CR.

Application review.

Preapplication meeting. The applicant shall be required to attend a preapplication meeting with the Planning Board prior to submitting a formal application for OSCD. Materials shall be submitted prior to the meeting with the Planning Board and shall include a preliminary plan and proposed site plan as required in § 435-39B(2)(a) and (d). The preapplication meeting, preliminary materials, and discussions within the meeting shall not be binding upon the Planning Board or applicant for the final approval of the project.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

Application submittal. Application: The applicant shall apply for a special permit and site plan review (§ 435-47) from the Planning Board.

Approval. The review procedure shall be in conformance with MGL c. 40A, §§ 9 and 11, and § 435-46 of this chapter and other permitting and approval processes as may be applicable. The Planning Board may require the applicant to fund project review consultants to assist in the technical review of the proposal in accordance with the Planning Board's administrative rules and regulations and MGL c. 44, § 53G.

Homeowners' and/or condominium association documentation. Homeowners' and/or condominium association documentation shall be submitted to the Planning Board prior to the approval of an OSCD.

Variance limitation. The Planning Board may issue a special permit under this section, subject to the requirements of this chapter, and in accordance with the additional requirements and standards specified within this § 435-39, only if no variance has been issued from the requirements of this § 435-39 herein. A variance under § 435-39 shall render a property ineligible for the filing of an OSCD application and special permit under this section.

§ 435-40 Agricultural preservation development.

No alterations. No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, alteration of or near a wetland or vernal pool or excavation except for purposes of soil testing shall be done within 12 months prior to the filing of an OSCD application. The above activities shall render a property ineligible for the filing of an OSCD application and special permit under this section. For the purposes of soil testing and/or well testing, the applicant shall seek appropriate approvals through the Conservation Commission and the Board of Heath.

Purpose and intent.

The agricultural preservation development (APD) section shall apply to parcels of land within the City of Framingham that meet the definition of an active farm. The APD provides landowners with an opportunity to sell up to 30% of their land for a residential cluster development while protecting a minimum of 70% of the property as an active farm parcel.

The intent of the APD section is to:

Promote and protect the active farm through conservation of those lands for future agricultural use and/or habitat;

Maintain an adequate base of agricultural land and activity in Framingham to help ensure the continued economic viability of local farms and thereby contributing to the continued availability of agricultural supported services;

Preserve land which, by virtue of its soil composition, acreage, location adjacent to and contiguous with other farmland or preserved open space forming discrete blocks of land, and its lack of protection under existing zoning or other laws, comprises the critical unprotected farmland of the City of Framingham;

Create a unique cluster development neighborhood setting while preserving important farming resources;

Establish nonmotorized vehicular connections between open space parcels, water resources, neighborhoods, and/or public amenities; and

Promote land use consistent with the Framingham Master Land Use Plan and Open Space and Recreation Plan, as may be amended from time to time.

Active farm parcels.

Applicability. To qualify for a special permit under the APD as an active farm, the proposed land shall be:

Located in a R-3 or R-4 Single-Family Residential Zoning District;

Consistent with the definition of an active farm; and

Not have been subdivided into smaller parcels, including approval not required (ANR), within a five-year period prior to submission of an application for § 435-40 herein.

Development requirements. The development of the active farm parcel shall require the following conditions:

The applicant shall file with the Planning Board a preliminary plan conforming to the requirements of Articles V and VI of Chapter 530, Subdivision of Land, the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and Chapter 427, Wetlands Protection. A professional land surveyor or engineer registered in the Commonwealth of Massachusetts shall prepare the preliminary plan to determine the number of buildable lots that would be created under conventional zoning. The preliminary plan shall identify the quality of the land by identifying all wetlands, other resource areas and slopes over 15%. The number of lots shall also be consistent with § 435-33, Land disturbance and stormwater management, and shall be reviewed for accuracy and approved by the City Engineer. A copy of the preliminary plan and all related documents shall be filed with the Conservation Commission for review. The Conservation Commission shall review the delineated wetlands, resource areas and buffer zones and make a recommendation to the Planning Board.

[Amended 4-30-2024 by Ord. No. 2024-025-001]

A minimum of 70% of the active farm shall be known as the "preserved area" and shall be preserved under an agriculture preservation restriction (APR) in accordance with § 435-40D and shall remain in private ownership of the active farmer.

A maximum of 30% of the active farm shall be known as the "buildable parcel" and may be utilized for residential development.

The applicant shall submit a proposed site plan that may request a unit density bonus of up to 20% of the number of buildable lots determined under the preliminary plan. During a preapplication meeting, the Planning Board shall determine if the proposed density bonus is acceptable based on the quality of the open space preserved land. Factors that the Planning Board shall consider to determine the density bonus include the quality of the land preserved and locations of wetlands, vernal pools, and all other resources and buffer zones as reviewed by the Conservation Commission and slopes over 15% and any possible need for septic systems and wells.

Agriculture preservation development requirements. Areas allowed for residential development on the buildable parcel shall be required to meet the following conditions:

Dimensional regulations. The APD shall comply with the Table of Dimensional Regulations in this subsection. However, the Planning Board may waive the requirements of the Table of Dimensional Regulations by a four-fifths vote where such waivers will allow for better design and/or improved protection of natural and scenic resources.

Table of Dimensional Regulations
Active Farm	R-3 and R-4
Lot frontage for the buildable parcel	150 feet
Vegetated buffer surrounding the development adjacent to the active farm	100 feet
Vegetated buffer surrounding the development adjacent to other land uses	75 feet
Front building setback	30 feet
Side building separation	50 feet
Rear building separation	75 feet
Maximum number of attached units	3
Maximum building height	3 stories/35 feet

Design standards. The buildable parcel shall be consistent with the following site development and building design standards:

Dwelling units. The APD shall be comprised of attached dwelling units and/or single-family dwelling units.

Design. The neighborhood cluster development design standards found in § 435-38C(4)(b), (d), (g), (i) through (l), and (o) through (r), and the inclusionary housing requirements of § 435-35 of this chapter apply to this section.

Layout of buildings. To maintain the visual scale of the community, each dwelling unit shall have its own exterior entrances.

Common open space.

An area within the buildable parcel shall be designated as common open space for use by the residents of the APD. A minimum of 10% of the entire buildable parcel, excluding the vegetated buffers, shall be designated as common open space. Common open space may be used for active, passive or leisure activities.

Common open space shall meet the following minimum standards:

The wetlands or slopes greater than 15% shall not comprise more than 25% of the common open space, as identified in § 435-40B(2)(d) herein.

Open space and connectivity.

A trail within the active farm parcel accessible to the general public shall be established connecting the buildable parcel with abutting open space parcels, trail networks, water resources, public amenities, and/or neighborhoods.

Public access details shall be determined during the public hearing process and written into the agriculture preservation restriction (APR) documents and the homeowners' and/or condominium association documents.

Agriculture preservation restriction. The active farm parcel shall be required to meet the following requirements:

The City of Framingham, acting through its Conservation Commission, a land trust, or the Commonwealth of Massachusetts, may hold the APR. In no event may the land subject to the APR be combined, included or joined with or considered as part of the buildable parcel. The APR shall not be held under the active farm or active farmer. In all cases, the terms of the APR, including the nature and extent of public access and provisions for property maintenance, must be reviewed and approved by the Planning Board and the City Solicitor.

The entire active farm shall be placed under an APR in perpetuity prior to the issuance of the first building permit at the expense of the applicant. The APR shall be held by the City of Framingham and/or a nonprofit land trust.

Additional buildings for the use essential to the active farm such as barns, temporary structures, or other accessory buildings within the APR area may be allowed by modification of the approved plan by the Planning Board.

All of the above restrictions must be written into the APR. The active farm subject to an APR may be sold or leased as an active farm to a farmer who will continue to maintain the agricultural use of the land.

Application review.

Preapplication meeting. The applicant shall be required to attend a preapplication meeting with the Planning Board prior to submitting a formal application for APD. Materials shall be submitted prior to the meeting with the Planning Board and shall include the preliminary plan as required in § 435-40B(2)(a) and (d). The preapplication meeting, preliminary materials, and discussions within the conference shall not be binding upon the Planning Board or applicant for the final approval of the project.

Application submittal. The applicant shall apply for a special permit and site plan review (§ 435-47) from the Planning Board.

Approval. The review procedure shall be in conformance with MGL c. 40A, §§ 9 and 11, and § 435-46 of this chapter and other permitting and approval processes as may be applicable. The Planning Board may require the applicant to fund project peer review consultants to assist in the technical review of the proposal in accordance with Chapter 525, Planning Board Rules and Regulations, and MGL c. 44, § 53G.

Homeowners' and/or condominium association documentation. Homeowners' and/or condominium association documentation shall be submitted to the Planning Board prior to the approval of an APD. Documentation shall include a statement regarding the acknowledgement of an existing working farm abutting the parcel, which shall not be deemed as a nuisance.

Variance limitations. The Planning Board may issue a special permit under this section, subject to the requirements of this section, and in accordance with the additional requirements and standards specified within this § 435-40, only if no variance has been issued from the requirements of this § 435-40 herein. A variance under § 435-40 shall render a property ineligible for the filing of an APD application and special permit under this section.

§ 435-41 Transfer of development rights.

No alterations. No substantial alteration to a parcel of land, which shall include tree removal, utility installations, ditching, grading or construction of roads, grading of land or lots, alteration of or near a wetland or vernal pool or excavation except for purposes of soil testing shall be done within 12 months prior to the filing of an APD application. The above activities shall render a property ineligible for the filing of an APD application and special permit under this section. For the purposes of soil testing and/or well testing, the applicant shall seek appropriate approvals through the Conservation Commission and the Board of Heath.

Purpose. The purpose of the transfer of development right (TDR) section is to provide an alternative for the preservation of developable farm and/or developable open space parcels while encouraging economic development through an increase in the development potential within designated parcels. Through a TDR special permit, a developable farm and/or developable open space parcel can sell its potential development rights to a receiving parcel, thereby allowing the receiving parcel to meet its companies' growth demands. The objective of the TDR is twofold: to serve as an economic development tool while promoting the preservation of developable farm and/or developable open space parcel in exchange. The intent of the TDR special permit is consistent with the goals and objectives of the Framingham Master Land Use Plan and Open Space and Recreation Plan, as may be amended from time to time.

Applicability.

The giving parcel.

The Planning Board shall determine the allowable development rights that may be transferred to a receiving parcel. To determine the total development rights allowed to be transferred, the owner of the giving parcel shall prepare a transfer of development rights yield plan (TDR yield plan).

The owner of the giving parcel shall submit the TDR yield plan and an application to the Planning Board for review. The Planning Board may retain a peer review consultant at the expense of the owner of the giving parcel to ensure the TDR yield plan represents a true and accurate representation of the giving parcel.

The TDR yield plan will be reviewed during a posted public hearing; notice of the public hearing shall be made in accordance with MGL c. 40A, § 11.

The total allowable development rights that the giving parcel is eligible to transfer shall be the total square footage of the residential building allowed as denoted in the transfer of development rights residential building size chart within the specific zoning district that the giving parcel is located in. The size of the residential building as denoted in the transfer of development rights residential building size chart shall be multiplied by the total number of building lots allowed by right to determine the total area to be transferred to a receiving parcel and placed under an APR and/or CR.

Transfer of Development Rights Residential Building Size Chart
Giving Parcel Zoning District	Residential Building Size (square feet)
Single-Family Residential (R-4)	6,500
Single-Family Residential (R-3)	6,000
Single-Family Residential (R-2)	5,500
Single-Family Residential (R-1)	5,000
General Residential (G)	4,500

The APR and/or CR placed on the giving parcel shall be as follows:

For giving parcels transferring all development rights. At the expense of the owner of the giving parcel, the entire developable farm and/or developable open space parcel shall be placed under an APR and/or CR in perpetuity. The entire giving parcel shall include all areas identified as nonbuildable areas, which include wetlands, wetland buffers, and moderate slopes, in addition to the buildable lots as identified in the TDR yield plan.

For giving parcels transferring a portion of development rights. At the expense of the owner of the giving parcel, the portion of the developable farm and/or developable open space parcel associated with the square footage to be transferred shall be placed under an APR and/or CR. This shall include all building lot areas associated with the residential building unit square footage, infrastructure and roadways associated with the building lots, and all nonbuildable areas, including wetlands, wetland buffers, and moderate slopes as identified in the TDR yield plan. For fractions of residential building unit square footage, all fractions shall be rounded up to the nearest whole number. The portion of the land to be placed under an APR and/or CR shall be selected with the intent of creating contiguous tracts of land and, where possible, contiguous with abutting farmland and open space land.

All lands deemed nonbuildable on the giving parcel, such as wetlands, wetland buffers, and moderate slopes as identified in the TDR yield plan, shall be placed under an APR and/or CR at the same time as the first development rights are placed under an APR and/or CR.

Development rights on a giving parcel that have not been transferred to a receiving parcel shall remain eligible for future transfer or development.

The receiving parcel.

The owner of the receiving parcel shall file an application for a TDR special permit with the Planning Board.

The owner of the receiving parcel shall enter into an agreement with the owner of the giving parcel for the transfer of the development rights prior to applying for a TDR special permit.

The Planning Board Administrator shall ensure that the APR and/or CR has been placed on the giving parcel by the receiving parcel prior to the issuance of any certificate of occupancy.

The owner of the receiving parcel may assemble development rights from multiple giving parcels. The resulting development on a receiving parcel shall not exceed the allowable dimensional requirement increases stated herein. Parcels of land that are preexisting nonconforming lots that exceed allowed densities or that have received variances for building height, number of additional floors, lot coverage, and/or FAR are not eligible to receive transferred development rights.

The transferred development rights from the giving parcel may be used in a 1:1 ratio on a receiving parcel. Development rights from the giving parcel that are used on a receiving parcel may be applied on the receiving parcel to increase the following dimensional regulations from those stated in § 435-27B, Table of Dimensional Regulations, allowed by right. Allowed increases as permitted in § 435-27B should not create the need for an increase in parking that exceeds the capacity of the receiving parcel. If the increase as permitted in § 435-27B requires more additional parking than the site can support, then the receiving parcel shall construct structured parking or establish alternative transportation options to the site such as carpool incentives, transportation from local public transportation hubs, etc.

Building or Use	Maximum Increase in Building Height/Additional Floors	Maximum Increase in Lot Coverage	Maximum Increase in FAR
Chapter 43D Priority development sites	35%*	15%*	50%*

*	Total height shall not exceed the allowed maximum for all structures, including roof top mechanical equipment or penthouses.

In the event of unused development rights the owner of the receiving parcel may be permitted to sell any unused development rights to another receiving parcel. The secondary receiving parcel shall be required to seek a special permit for the transfer of development rights from the Planning Board prior to the use of the purchased development rights.

Agriculture preservation restriction or conservation restriction process. The giving parcel must meet the following requirements:

Such parcel shall be placed under an APR and/or CR in perpetuity pursuant to MGL c. 184, § 32, to ensure that said parcel will remain as agricultural land or open space. Once an APR and/or CR has been placed on the giving parcel, no additional buildings can be built on nor can any land be used to yield additional development rights in the future, except as per Subsection B(3)(b), below;

No buildings are allowed within the APR and/or CR area, except for existing buildings that have been constructed prior to the TDR yield plan. Farms shall be allowed to construct structures associated with the operations of the farm on up to 5% of the APR area. Structures associated with the farm may include barns, farm store, housing for farm help, etc.;

The APR and/or CR may be held by the City of Framingham, a land trust, or the Commonwealth of Massachusetts. The APR and/or CR is prohibited from being held by the owner of the giving parcel or the owner of the receiving parcel. The terms of the APR and/or CR shall be reviewed by City Solicitor at the expense of the owner of the giving parcel and approved by the Planning Board;

The giving parcel may develop a trail system within the APR and/or CR lands, which may be accessible for public use;

Farming rights on any land subject to the APR and/or CR may be sold or leased to another farmer for the purpose of continuing or creating agricultural and/or farm use of the land;

Developable open space may be utilized at a future date for agriculture and/or farm uses; and