[Amended 2-28-2023 by Doc. 119-BB]
The purpose of this section is:
1.
To encourage the efficient use of the City's housing supply
while preserving the character of the City's neighborhoods;
2.
To increase the supply of housing and the diversity of housing
options, in response to demographic changes such as smaller households
and older households;
3.
To develop housing units that are safe, code compliant, and
appropriate for households at a variety of stages in life; and
4.
To add affordable rental units to the housing stock to meet
the needs of smaller households and make housing units available to
households who might otherwise have difficulty finding housing.
1.
All applications for an ADU, including those allowed "by right,"
shall begin with an application for an Accessory Dwelling Unit to
be available from the Department of Inspectional Services.
2.
All ADUs allowed by right must still meet all requirements of
the state building code and must have an occupancy permit issued by
the Department of Inspectional Services.
3.
An ADU located completely within the existing envelope of a
principal dwelling with not more than three units shall be permitted
as a by right accessory use with no special permit required.
4.
An ADU that that is created by adding gross floor area to a
single-family dwelling that can be accomplished in compliance with
all setback and yard requirements shall be permitted as a by right
accessory use with no special permit required.
5.
An ADU in an existing detached building designed to be accessory
to the principal structure, such as a garage, barn, or carriage house
on a single-family lot, two-family lot, or multifamily lot shall require
the issuance of a special permit by the Board of Appeals in compliance
with the provisions of this section.
a.
Adding gross floor area to an existing detached proposed ADU
shall not exceed 1,200 square feet or 50% of living space (square
feet) of size of existing structure, whichever is less and shall not
be eligible for zoning dimensional relief by variance.
6.
An ADU constructed within a new detached accessory building
shall require the issuance of a special permit by the Board of Appeals,
shall not be eligible for zoning dimensional relief by variance, and
shall only be constructed on a single-family lot.
The application for a building permit and/or occupancy permit
for an ADU or an application for a special permit for an ADU shall
include a site plan, the floor plan of the principal dwelling, and
a floor plan of the proposed ADU.
1.
When the creation of an ADU requires the alteration of the exterior
of a structure, the application shall include elevation plans showing
the sides of the building affected by the construction both prior
to and after completion of construction.
2.
The site plan shall, at a minimum, show the footprint of all
existing dwellings and structures, the location of parking and driveways
demonstrating that parking is sufficient for all users, the square
footage of the existing dwelling, the square footage of the ADU, and
the location and design of all ingress and egress from the ADU. The
site plan must be prepared and stamped by a registered land surveyor.
3.
By filing the application for a building permit for an ADU,
all owners consent to an inspection without a warrant upon reasonable
notice by the Building Commissioner to ensure compliance with all
terms of this section.
4.
The Building Commissioner shall issue a cease and desist order
on any work in progress or on the use of any premises, either of which
are in violation of the provisions of this section.
1.
The owner of the lot on which the ADU is created must continue
to occupy either the principal dwelling unit or the ADU, except for
temporary absences of up to six months. For purposes of this subsection,
the "owner" shall be one or more individuals who hold record title,
or hold a majority of the beneficial interests in a trust holding
title, to the lot and for whom either dwelling unit is the primary
residence for voting and tax purposes.
2.
There shall be no more than one ADU, either internal or detached,
on any lot. ADUs shall not be eligible for zoning dimensional variances
proposing to increase the number of allowable ADUs on a lot.
3.
The ADU may not be sold or transferred separate and apart from
the principal dwelling to which it is an accessory use. The principal
dwelling and the ADU shall remain in common or single ownership and
shall not be severed in ownership.
4.
The ADU shall not be used for boarding and lodging or other
commercial use. An ADU and the principal dwelling to which it is accessory
may be rented for periods not shorter than 12 months at a time and
are prohibited from any use as rental units on a weekly or daily basis.
1.
An ADU shall not exceed 1,200 square feet or 40% of the living
space (square feet) of the size of the existing building or structure,
whichever is less. An ADU in a new detached building shall not exceed
1,200 square feet or 50% of the living space (square feet) of the
size of the existing structure, whichever is less. An ADU in an existing
detached building shall not exceed 1,200 square feet or 50% of the
living space (square feet) of the size of the existing structure,
whichever is less.
2.
An ADU shall not contain less than 350 square feet of habitable
space.
3.
Any additions made to the principal dwelling built after the
adoption of this section must have been constructed for five or more
years before the additional living space can be included as part of
the calculation to determine the maximum size of any proposed detached
ADU or ADU by addition.
4.
An ADU in a new detached building must meet the setback requirements
of the principal dwelling unit, as well as other applicable dimensional
requirements.
5.
Any new detached ADU, any ADU created by adding gross floor
area to a single-family dwelling or any ADU created by adding gross
floor area to an existing detached accessory building or structure
shall be in accordance with the open space and building coverage requirements
as established by the Table of Dimensional and Density Regulations[1] based on the applicable zoning district.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
6.
The ADU will be a complete, separate housekeeping unit containing
both a kitchen and bath.
7.
The ADU installation must maintain the architectural character
of the principal dwelling.
8.
Any detached ADU may require the installation of fencing for
the purpose of screening as a condition of special permit approval.
9.
One off-street parking space shall be provided for the ADU in
addition to the parking required for the principal dwelling unit(s).
10.
Electricity, water, oil, heat, and gas shall be provided by
a single service to both the ADU and the principal dwelling and included
in the rent.
11.
The Board of Health must certify that any existing potable water
and sanitary waste disposal system is adequate to support the ADU.
12.
All exterior stairways to the ADU above the first floor shall
be located on the rear or side of the dwelling.
13.
The ADU shall not contain more than two bedrooms.
14.
The ADU shall be clearly subordinate in use, size, and design
to the principal dwelling.
15.
The ADU most be capable of being discontinued as a separate
dwelling unit without demolition of any structural component of the
principal dwelling.
1.
An ADU certified by the Department of Community Development
to be an Affordable Accessory Dwelling Unit may be eligible for a
reduction in residential taxes if allowed by home rule petition. To
be eligible the owner of the principal dwelling shall maintain rent
for the ADU at a minimum of 30% below the Fair Market Rent (FMR) for
Haverhill as determined by HUD. To maintain eligibility the owner
of the principal dwelling shall submit documentation on an annual
basis to the City's Department of Community Development and shall
submit such other documentation as may be required by that office.
It shall be the duty of the Building Commissioner to administer
and enforce the provisions of this section.
1.
No building shall be constructed or changed in use or configuration
without the issuance of a building permit by the Building Commissioner.
2.
The construction of any ADU must be in conformity with the State
Building Code and, if applicable, Title V of the State Sanitary Code
and lawful under all other provisions of applicable City health, building,
zoning and other local laws and regulations.·
3.
No ADU shall be occupied unless a certificate of occupancy for
such unit has been issued by the Building Commissioner.
4.
A certificate of occupancy shall not be issued unless the Building
Commissioner determines that the ADU is in conformity with the provisions
of this section, any special permit issued by the Board of Appeals,
and all applicable health and building codes.
5.
The Building Commissioner shall refuse to issue any permit which
would result in a violation of any provisions of this section or in
violation of the conditions or terms of any special permit or variance
granted by the Board of Appeals.
6.
The building permit shall be revoked upon determination by the
Building Commissioner that any condition imposed by this section has
not been fulfilled.
7.
Approval for all ADUs require that the property owner must occupy
one of the dwelling units. To continue to maintain eligibility, the
property owner must certify with the City on an annual basis in the
form of a letter to the Department of Community Development stating
that owner-occupancy continues to be maintained and that all conditions
imposed by this section remain fulfilled.
8.
Upon sale of the property and/or turnover of an ADU that functions
as a rental unit, a rental permit inspection of the ADU shall be conducted
by the Inspectional Services Department in addition to any other inspections
required by the Fire Department.
1.
The use of the ADU shall terminate immediately upon a determination
by the Building Commissioner of any violation of any term or condition
of this section that the owner fails to cure, upon 30 days' written
notice mailed to the applicant and to the occupants at the dwelling
address by certified mail, return receipt requested.
2.
Upon termination, the owner shall discontinue the use of the
ADU as a separate dwelling unit.
3.
The separate cooking facilities in the ADU shall be decommissioned.
4.
Continued use of the ADU as a separate dwelling unit shall be
a violation of this section and subject to the penalties provided
in the ordinance.
5.
The owner shall permit an inspection by the Building Commissioner
without a warrant.
Multifamily dwelling units may be permitted within the specified
zones by special permit, provided that the following conditions are
met.
The proposed development must conform to the respective requirements
of Section 4.0, Table 2: Table of Dimensional and Density Regulations.[1]
1.
The development shall be served by both public water and sewerage
systems.
2.
The maximum continuous length of any building facade in any
one direction shall not exceed 200 feet, and for attached dwellings
(townhouses or row house), the minimum number of units in a row shall
be three and a maximum of 10 units (but not to exceed 200 feet). There
shall be a minimum of 40 feet between buildings or townhouse rows.
3.
The plan and the roadway and respective utility improvements
in the tract shall be subject to the definitive plan and performance
guaranty requirements of the Rules and Regulations Governing the Subdivision
of Land in the City of Haverhill, Massachusetts.
4.
The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition for the issuance of the required special permit and according to the subdivision plans and specifications approved by the Planning Board, shall be required, upon the written recommendation of the City Engineer, for any multifamily development where new roadway and/or utility systems are required. Said Clerk shall be selected and reimbursed as outlined within § 10.7.
5.
The developer shall install street identification signs on all
rights-of-way and drives within the development. Said signs shall
be in place upon completion of final paving of each respective way
or drive.
6.
The developer shall install streetlighting on all rights-of-way
and drives within the development. The lighting shall be in place
prior to paving of each respective way or drive.
[1]
Editor's Note: Appendix B, Table 2: Table of Dimensional and Density Regulations, is included as an attachment to this chapter.
[Added 9-26-2023 by Doc. 78-FF]
In order to meet the needs of the community for housing serving
households of all incomes, any multifamily residential development
requiring a special permit from the City Council with 10 or more dwelling
units is required to make available 10% or more of the units for low-
and/or moderate-income households, or make a cash contribution to
the designated housing entity as described herein.
Prior to favorable action on an application for a special permit
to construct multifamily dwelling units, the following requirements
must be met:
1.
All new multifamily housing and mixed use developments with
10 or more residential dwelling units are required to provide 10%
of their units for occupancy by low- and/or moderate-income households.
a.
Fractional share. In determining the number of low and moderate
income units to be provided, a fractional share of 0.5 or more shall
be regarded as a whole unit and a fractional share of 0.4 or less
shall require no contribution to satisfy the fractional share.
2.
This section does not apply to the rehabilitation of any building
or structure, all of or substantially all of which is destroyed or
damaged by fire or other casualty or a natural disaster; provided,
however, no rehabilitation nor repair shall result in net increase
in the density, bulk or size of any such building or structure which
previously existed prior to the damage or destruction thereof except
in conformance with this section.
3.
This section shall not apply to the proposed rehabilitation
or replacement of any housing units in existence at the time of adoption
of this section and shall only apply to net new units that increase
the density of such existing buildings or structures.
4.
Projects and developments shall not be segmented or phased in
a manner to avoid compliance with the provisions of this section.
These provisions apply to the creation of units over a five-year period.
5.
Avoidance by phasing. A development shall not be phased or segmented
in a manner to avoid compliance with this section.
6.
Avoidance by segmentation. The special permitting granting authority
shall not approve any inclusionary development project that results
in 10 or more 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 within
the previous five years to avoid compliance without complying with
this section.
7.
Enforceability. This section shall also be enforceable against
purchasers of land previously held in common ownership with land that
received, after the date of adoption of this section, 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 this section.
An inclusionary development, as defined herein this chapter,
shall require a special permit.
1.
Special permit granting authority. The special permit granting
authority (SPGA) for an inclusionary development shall be the City
Council.
2.
Required findings. A special permit may be granted only if the
SPGA finds the proposal complies with the requirements of this section;
and provided that the proposal complies with other applicable provisions
of this chapter.
The requirement of low- and moderate-income housing units may
be met in one of the following ways. The developer as part of his/her
special permit application shall include a proposal to address this
requirement. The City Council shall make the final determination of
which method is appropriate.
1.
The low- and moderate-income housing units will be constructed
on the same site as other units and indistinguishably interspersed
throughout the project (except as provided for below). In all cases,
the low and moderate income housing units to be provided shall be
equal in quality, materials and character to the base level market
rate units in development if a homeownership project, and indistinguishable
if a rental project. If the project is built in phases, a proportionate
share of low and moderate income units shall be built in each phase.
2.
The SPGA may grant a special permit to provide affordable housing
through a cash payment to the Haverhill Affordable Residence Trust
or Designated Housing Entity, in lieu of providing one or more of
the affordable units required under this section. Calculation of payment
in lieu of provision of affordable units shall follow the methodology
below:
a.
Payment-in-lieu of provision of affordable units is intended
to approximate 50% of the difference between the average (mean) price
of qualified market sales of condominium units in the City of Haverhill
for the prior 12 months and the maximum purchase price of an affordable
unit as defined by DHCD. The table below establishes the payment for
each affordable unit for which a payment in lieu of construction shall
be made.
|
Type of Affordable Unit
|
Payment in Lieu
|
|---|---|
|
Rental
|
$35,000
|
|
Ownership
|
$50,000
|
b.
Annually, the City Council may by majority vote modify the per
unit fee to reflect current market conditions, following a duly noticed
public hearing and consultation with the Haverhill Affordable Residence
Trust or Designated Housing Entity. Fee schedule shall be kept on
file in the Planning Office.
c.
A combination of construction of dwelling units and payment-in-lieu-of-units
may be combined by the applicant to meet a single project's requirement
if granted approval by the SPGA.
d.
Payment in lieu shall follow the processes below:
(1)
Timing of payment. Payment(s) shall be received
by the Haverhill Affordable Residence Trust or Designated Housing
Entity concurrently with the development of the market rate units
prior to issuance of the certificate of occupancy for each unit constructed;
(2)
Use of cash payment in lieu. Cash payments made
to Haverhill Affordable Residence Trust or Designated Housing Entity
in accordance with this Section shall be used exclusively for the
purpose of promoting the City's affordable housing goals; and
(3)
Designated Housing Entity. If the Haverhill Affordable
Residence Trust or its successor organization has been dissolved or
is otherwise no longer in existence as of the time any application
has been submitted, then cash payments received under the provisions
of this section shall be paid into a Designated Housing Entity, to
be established by the City.
To facilitate the objectives of this section, the following modification to the dimensional requirements in any zoning district may be authorized by special permit by the special permit granting authority for a development of 10 or more units that provides affordable units on-site in accordance with §§ 8.3.2 and 8.3.4 above.
1.
For every affordable rental unit provided in accordance with § 8.3.2, above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units. For every affordable ownership unit provided in accordance with § 8.3.2, above, the developer may build two additional units in the development, regardless of the minimum lot area required for the additional unit or units, provided however, for a unit to qualify as an "affordable housing unit," and qualify for two additional units, each said unit must be established as a condominium unit, and the unit deed for same must contain a restriction restricting the owner(s) of said Unit also occupy said unit, at all times. Except for the resulting reduction in the minimum lot area, all other dimensional and density regulations shall apply to the development.
2.
The total number of additional units (bonus units) must not
exceed 25% of the number of units otherwise permissible on the lot
under lot area per dwelling unit requirements.
An inclusionary development shall comply with the following
regulations:
1.
Rental. For inclusionary developments with rental affordable
housing units, all required affordable housing units shall be reserved
for households earning not more than 80% AMI [area median income of
the Lawrence, MA-NH HUD Metro FMR Area published annually by the U.S.
Department of Housing and Urban Development (HUD)];
2.
Homeownership. For inclusionary developments with homeownership
affordable housing units, all required affordable housing units shall
be reserved for households earning not more than 80% AMI [area median
income of the Lawrence, MA-NH HUD Metro FMR Area published annually
by the U.S. Department of Housing and Urban Development (HUD)]; and
3.
Local preference. To the maximum extent permitted by law, including
the regulations of HUD and/or the MA Department of Housing and Community
Development (DHCD) or any successor agency, any special permit granted
hereunder shall include a condition that a preference for Haverhill
residents shall be included as part of any lottery and marketing plan
for the affordable housing units.
The following criteria shall apply:
1.
Siting of affordable units. All affordable units constructed
or rehabilitated under this section shall be situated within the development
so as not to be in less desirable locations than market rate units
in the development and shall, on average, be no less accessible to
public amenities, such as open space, than the market-rate units.
2.
Minimum design and construction standards for affordable units.
Affordable housing units shall be integrated with the rest of the
development and shall be compatible in design, appearance, construction,
and quality of materials with other units. Interior features and mechanical
systems of affordable units shall conform to the same specifications
as apply to market-rate units.
3.
Timing of construction or provision of affordable units or lots.
Where feasible, affordable housing units shall be provided coincident
to the development of market-rate units.
4.
Occupancy. Affordable units shall serve eligible households
of diverse sizes based on the number of bedrooms in each affordable
unit.
a.
The number of persons occupying the affordable units shall be
consistent with the state sanitary code and the applicable state and
federal guidelines.
b.
The rental or ownership of affordable units shall mirror the
project as a whole. For example, affordable units should be sold,
not rented, where a majority of units will be offered for sale.
5.
Lottery or tenant selection agent. The applicant for an inclusionary
development project shall engage a DHCD and City of Haverhill Office
of Economic Development and Planning approved lottery agent for homeownership
units who shall ensure affirmative marketing and compliance with income
requirements as well as DHCD requirements for maximum housing purchase
price for affordable housing units. If the affordable units will be
rental units, the applicant shall engage an approved lottery agent
qualified to prepare and implement a tenant selection plan consistent
with these standards. For certain state and federally funded projects
more restrictive requirements may supersede state requirements.
The maximum housing purchase price or rent for affordable housing
units shall be consistent with the affordability guidelines established
by the DHCD Local Initiative Program or as required by other state
or federal programs. If multiple funding sources are used, the units
must still be eligible for inclusion on DHCD's Subsidized Housing
Inventory (SHI). As a condition for the granting of the special permit
for an inclusionary development project, all affordable housing units
shall be subject to an affordable deed restriction and regulatory
agreement in a form as described below.
Each homeownership affordable housing unit created in accordance
with this chapter shall have limitations governing its resale through
the use of a regulatory agreement. The purpose of these limitations
is to preserve the long-term affordability of the unit and to ensure
its continued availability for affordable income households. The resale
controls shall be established through a restriction on the property
and shall be in force for perpetuity.
1.
Resale price. Sales beyond the initial sale to a qualified affordable
income purchaser shall comply with the requirements of the DHCD Local
Initiative Program (LIP).
2.
Right of first refusal to purchase. The purchaser of an affordable
housing unit developed as a result of this article shall agree to
execute a condition in its deed restriction to be approved by the
City and DHCD, granting, among other things, the municipality's
and DHCD's right of first refusal to purchase the property in
the event that a subsequent qualified purchaser cannot be located.
3.
Affordable deed restriction. The SPGA shall require, as a condition
for special permit under this section, that the applicant comply with
the mandatory set-asides and accompanying restrictions on affordability,
including the execution of an affordable deed restriction in a form
consistent with LIP or any other applicable guidelines issued by DHCD,
and that ensures affordable units can be counted toward Haverhill's
Subsidized Housing Inventory (SHI). The Building Commissioner shall
not issue a certificate of occupancy permit for any affordable unit
without evidence of the recording of the affordable deed restriction.
4.
Regulatory agreement. The applicant shall use the DHCD Local
Initiative Program Regulatory Agreement for all inclusionary development
projects. No building permit shall be issued until an approved regulatory
agreement is recorded at the Registry of Deeds and the Building Commissioner
is notified by the Director of the Office of Economic Development
and Planning or his/her representative that the project is progressing
in a satisfactory manner in fulfilling its affordable housing requirement.
Applicants creating new affordable units under this section
are required to select qualified homebuyers or renters via lottery
or a tenant selection plan under an Affirmative Fair Housing Marketing
Plan prepared and submitted by the applicant and approved by the Haverhill
Affordable Residence Trust or Designated Housing Entity and DHCD.
The marketing plan shall comply with federal and state fair housing
laws and guidelines in effect on the date of filing of the special
permit or other permit application(s) with the City of Haverhill.
The plan must describe the household selection process, set forth
a plan for affirmative fair marketing to protected groups underrepresented
in the municipality, describe outreach efforts and include provisions
for a lottery. No building permit for an inclusionary development
project shall be issued unless the Director of the Office of Economic
Development and Planning has determined that the applicant's
affirmative marketing plan satisfies these requirements. The affirmative
marketing costs for the affordable housing units shall be the responsibility
of the applicant.
1.
Preparation of lottery or tenant selection plan. The applicant
is responsible for the application process and lottery or tenant selection
plan to establish buyers or tenants for the affordable housing units.
The affordable housing lottery or tenant selection plan shall take
place prior to the Building Commissioner issuing certificates of occupancy
for the affordable housing units.
2.
Submittal to DHCD. The applicant shall provide the City with
required information to submit application to DHCD for inclusion of
the affordable housing units on the City's subsidized housing
inventory before the issuance of the certificates of occupancy for
the affordable housing units.
3.
Local action units. The affordable housing units shall qualify
as local action units in compliance with the provisions of 760 CMR
for inclusion on the subsidized housing inventory (SHI) or any successor
inventory. Failure to gain approval to maintain compliance with the
criteria for inclusion on the SHI, or removal of an affordable housing
unit from the SHI for any reason, shall be deemed to be noncompliance
with this chapter.
1.
Rental. Developers/owners of inclusionary development projects
with rental affordable housing units shall be required to submit to
the City of Haverhill an annual statement of rent level, rental income,
verification of tenant income, and any other information necessary
to confirm compliance with the requirements of this chapter.
2.
Homeownership. If the owner shall desire to sell, dispose of,
or otherwise convey a homeownership affordable housing unit, the owner
shall notify the City of Haverhill prior to listing the property for-sale
to ensure compliance with the requirements of this chapter.
3.
Rules and regulations. The City of Haverhill shall have the
authority to develop rules and regulations appropriate to and consistent
with the compliance and monitoring provisions of this chapter.
The SPGA may hire and employ an outside consultant to assist
the SPGA in its review of the application, any study and supporting
documentation submitted in conjunction with a petition for a special
permit, including conducting a peer review and analysis of any study
or documentation, and the fees for the employment of said consultant
shall be reasonable and paid to the City by the petitioner or applicant
in advance of the consultant services being performed, and in accordance
with G.L. c. 44, § 53G.
The provisions of this section shall be considered supplemental
of existing zoning ordinances. To the extent that a conflict exists
between this section and others, the more restrictive ordinance, or
provisions therein, shall apply.
The purpose of this section, Flexible Development, is to:
1.
Encourage the preservation of open land for its scenic beauty
and to enhance agricultural, open space, forestry, and recreational
use;
2.
Preserve historical and archeological resources; to protect
the natural environment, including the City's varied landscapes and
water resources;
3.
Protect the value of real property;
4.
Promote more sensitive siting of buildings and better overall
site planning;
5.
Perpetuate the appearance of the City's traditional New England
landscape;
6.
Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
7.
Offer an alternative to standard subdivision development; and
8.
Promote the development of housing for persons over the age
of 55.
In accordance with the following provisions, a flexible development
project may be created, whether a subdivision or not, from any parcel
or set of contiguous parcels held in common ownership with not less
than three acres and located entirely within the following districts:
RS, RR, RL, RM, and CN.
Flexible development may be authorized upon the issuance of
a special permit by the City Council (SPGA). Applicants for flexible
development shall file with the SPGA 30 copies of the following:
1.
A development plan conforming to the requirements for a preliminary
plan as set forth in the Subdivision Rules and Regulations of the
Planning Board.
2.
Where wetland delineation is in doubt or dispute, the SPGA may
require appropriate documentation.
3.
Data on proposed wastewater disposal, which shall be referred
to a consulting engineer for review and recommendation.
4.
The SPGA may also require as part of the development plan any
additional information necessary to make the determinations and assessments
cited herein.
Each development plan shall follow the design process outlined
below. When the development plan is submitted, applicants shall be
prepared to demonstrate to the SPGA that this design process was considered
in determining the layout of proposed streets, houselots, and contiguous
open space.
1.
Understanding the Site. The first step is to inventory existing
site features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other.
2.
Evaluating Site Context. The second step is to evaluate the
site in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
3.
Designating the Contiguous Open Space. The third step is to
identify the contiguous open space to be preserved on the site. Such
open space should include the most sensitive and noteworthy resources
of the site, and, where appropriate, areas that serve to extend neighborhood
open space networks.
4.
Location of Development Areas. The fourth step is to locate
building sites, streets, parking areas, paths and other built features
of the development. The design should include a delineation of private
yards, public streets and other areas, and shared amenities, so as
to reflect an integrated community, with emphasis on consistency with
the City's historical development patterns.
5.
Lot Lines. The final step is simply to draw in the lot lines
(if applicable).
The SPGA encourages applicants for flexible development to modify
lot size, shape, and other dimensional requirements for lots within
a flexible development, subject to the following limitations:
1.
Lots having reduced area or frontage shall not have frontage
on a street other than a street created by the flexible development;
provided, however, that the SPGA may waive this requirement where
it is determined that such reduced lot(s) are consistent with existing
development patterns in the neighborhood.
2.
At least 50% of the required side and rear yards in the district
shall be maintained in the flexible development.
The basic maximum number of dwelling units allowed in a flexible
development shall not exceed the number of lots which could reasonably
be expected to be developed upon the site under a conventional plan
in full conformance with all zoning, subdivision regulations, health
regulations, wetlands regulations and other applicable requirements.
The proponent shall have the burden of proof with regard to the design
and engineering specifications for such conventional plan.
The SPGA may award a density bonus to increase the number of
dwelling units beyond the basic maximum number. The density bonus
for the flexible development shall not, in the aggregate, exceed 40%
of the basic maximum number. All dwelling units awarded as a density
bonus shall be two-bedroom units. Computations shall be rounded to
the lowest number. A density bonus may be awarded in the following
circumstances:
1.
For each additional 10% of the site over the open space required
below and set aside as contiguous open space, a bonus of 5% of the
basic maximum number may be awarded; provided, however, that this
density bonus shall not exceed 20% of the basic maximum number.
2.
Where the SPGA determines that the applicant has offered significant
amenities to the City, including but not limited to infrastructure
improvements, equipment, or technical assistance, a bonus of up to
20% of the basic maximum number may be awarded.
The flexible development may consist of any combination of single-family,
two-family and multifamily residential structures. A multifamily structure
shall not contain more than six dwelling units. The architecture of
all multifamily buildings shall be residential in character, particularly
providing gabled roofs, predominantly wood siding, an articulated
footprint and varied facades. Residential structures shall be oriented
toward the street serving the premises and not the required parking
area.
The principal roadway(s) serving the site shall be designed
to conform with the standards of the City where the roadway is or
may be ultimately intended for dedication and acceptance by the City.
Private ways shall be adequate for the intended use and vehicular
traffic and shall be maintained by an association of unit owners or
by the applicant.
Each dwelling with one or two bedrooms shall be served by one
parking space. Each dwelling with three bedrooms shall be served by
two off-street parking spaces. Parking spaces in front of garages
may count in this computation.
A development may be served by private or public water or sewer/wastewater
disposal systems.
Trash removal in a flexible development shall be private.
A minimum of 20% of the parcel shown on the development plan
shall be contiguous open space. Any proposed contiguous open space,
unless conveyed to the City or its Conservation Commission, shall
be subject to a recorded restriction enforceable by the City, providing
that such land shall be perpetually kept in an open state, that it
shall be preserved for exclusively agricultural, horticultural, educational
or recreational purposes, and that it shall be maintained in a manner
which will ensure its suitability for its intended purposes.
1.
The percentage of the contiguous open space which is wetlands
shall not normally exceed the percentage of the tract which is wetlands;
provided, however, that the applicant may include a greater percentage
of wetlands in such open space upon a demonstration that such inclusion
promotes the purposes set forth in Section 1.0, above. In no case
shall the percentage of contiguous open space which is wetlands exceed
50% of the tract.
2.
The contiguous open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
3.
The contiguous open space shall remain unbuilt upon, provided
that the SPGA may permit some of the open space to be paved or built
upon for structures accessory to the dedicated use or uses of such
open space, pedestrian walks, and bikepaths.
4.
Underground utilities to serve the flexible development site
may be located within the contiguous open space.
The contiguous open space shall, at the SPGA's election, be
conveyed to:
1.
The City or its Conservation Commission;
2.
A nonprofit organization, the principal purpose of which is
the conservation of open space and any of the purposes for such open
space set forth above;
3.
A corporation or trust owned jointly or in common by the owners
of lots within the flexible development. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the City to perform maintenance of such open space and facilities,
if the trust or corporation fails to provide adequate maintenance,
and shall grant the City an easement for this purpose. In such event,
the City shall first provide 14 days' written notice to the trust
or corporation as to the inadequate maintenance, and, if the trust
or corporation fails to complete such maintenance, the City may perform
it. Each individual deed, and the deed or trust or articles of incorporation,
shall include provisions designed to effect these provisions. Documents
creating such trust or corporation shall be submitted to the SPGA
for approval, and shall thereafter be recorded.
A buffer area of 25 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The SPGA may waive the
buffer requirement i) where the land abutting the site is the subject
of a permanent restriction for conservation or recreation so long
as a buffer is established of at least 10 feet in depth which may
include such restricted land area within such buffer area calculation;
or ii) where the land abutting the site is held by the City for conservation
or recreation purposes; or iii) the SPGA determines that a smaller
buffer will suffice to accomplish the objectives set forth herein.
Stormwater management shall be consistent with the requirements
for subdivisions set forth in the rules and regulations of the Planning
Board.
The applicant shall submit documents to the City Council creating
a homeowners or condominium association to manage the affairs of the
flexible development after construction. Such documents shall be approved
as to form by the City Solicitor. The association shall be funded
by the applicant as determined by the City Council in the grant of
any special permit.
The SPGA may approve, approve with conditions, or deny an application for a flexible development after determining whether the flexible development better promotes the purposes of § 8.4.1 of this chapter than would a conventional subdivision development of the same locus.
The submittals and permits of this section shall be in addition
to any other requirements of the Subdivision Control Law or any other
provisions of this chapter.
The Planned Development (PD) District is intended to:
1.
Permit an entity to propose, and for City Council vote, a development
proposal that specifies a mixture of commercial, business, residential,
open space or other uses and the site development requirements to
be used for a specific site.
2.
Permit some flexibility in the development of individual tracts
of land by required and predetermined standards.
3.
Permit the use of development standards tailored to a specific
site and more detailed than those for the standard zoning districts.
4.
Permit the City to evaluate the potential impacts of a proposed
development and to authorize the Council, as the special permit granting
authority (SPGA), to require that the development of the site substantially
conforms to site development standards approved as part of the rezoning
to PD District and intended to mitigate or compensate for the potential
impacts.
There are two types of Planned Development Districts:
A Planned Development District requires an amendment to this
Zoning Ordinance. The PD District does not have any minimum lot size
and there is no minimum lot area required to seek a rezoning to the
PD District. Applicants for a PD District shall observe the following
procedures in order to promote review of the proposed amendment and
to facilitate public-private cooperation in the establishment of the
PD District.
1.
Pre-Application Review. Applicants are strongly encouraged to
schedule a pre-application review with the Planning Department. Pre-application
review should precede the preparation of detailed plans or specifications.
For the pre-application review, an applicant will submit a project
description that describes the uses to be proposed and the benefits
to the City from those uses.
2.
Ordinance Submission. The applicant shall submit a proposed amendment to this chapter for the PD District rezoning in consultation with the Planning Department and the City Solicitor. The proposed amendment shall contain the requirements set forth in § 8.5.5. The finalized amendment shall be presented to the City Council for approval of the proposed PDD. The Planning Department shall prepare the text of the proposed amendment and locate the new district on the Zoning Map.
The development and uses approved in a rezoning to PD District
must be commenced within two years; and, if not commenced within two
years, the development of the property shall be governed by the provisions
presently in effect in the zoning district for which the land was
zoned immediately prior to its inclusion in the PD District.
The application for a PD District rezoning shall include a preliminary
plan and the required submission fee.
1.
Submission Fee. The SPGA shall specify submission fees for a
PD District rezoning in its rules and regulations. In no case shall
the fee be less than $850. The required fee shall be submitted with
the rezoning request and preliminary plan.
2.
A preliminary plan which shall include the following at a level
of detail sufficient to enable a peer review, if required by the SPGA:
a.
A narrative that describes:
(1)
Social, economic, or community needs which are
served by the proposed development proposal;
(2)
Traffic flow and safety, including parking and
loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on City
services, tax base, and employment;
b.
A preliminary site construction plan showing the proposed:
(1)
Location of buildings, number of stories, approximate
floor area and maximum height of each building, the distance (in feet)
between buildings;
(2)
Contours in addition to the existing contours;
(3)
Lot lines;
(4)
Grading and landscaping;
(5)
Location and dimensions of drives and parking areas;
(6)
Location and characteristics of any common open
space or usable open space;
(7)
Drainage system;
(8)
Building elevations;
c.
Uses to be allowed by special permit. A Zoning Table of uses
shall be listed with a description of the type and character of uses
requested. This may include a cross reference of uses to be permitted
as they appear in Section 3.0.
d.
A table showing:
(1)
Total land area;
(2)
Developable site area;
(3)
Common or usable open space, if any;
(4)
Site coverage of buildings;
(5)
Impervious surface area;
(6)
Impervious surface ratio;
(7)
Gross floor area of all nonresidential buildings;
(8)
Floor area ratio if applicable;
(9)
Density of dwelling units, or their equivalent,
if applicable;
(10)
Number of off-street parking spaces and, if applicable,
loading bays;
f.
Principal natural features in general such as:
(1)
Significant rock outcroppings;
(2)
Water systems (including standing surface water,
brooks or streams, the direction of drainage, wetlands, and the 100-year
flood elevation);
(3)
Significant vegetation (including mature trees,
unique specimens of vegetation, and vegetation that indicates wetness);
(4)
Zoning district boundaries;
(5)
Recorded easements on the site and within the 500-foot
locus;
(6)
Public facilities, such as conservation or recreation
land, footpaths, bicycle paths, or streets;
(7)
Significant noise/visual impact (including views
from the site and sources of noise affecting the site);
(8)
Historically or architecturally significant structures
and sites on or adjacent to the site;
g.
A property rights and dimensional standards plan showing:
(1)
The location of existing easements or other property
rights affecting the development;
(2)
The approximate locations of any sections of the
land to which the City may be granted property rights, other easements
or transfer of ownership for street, utility, conservation or other
purposes;
(3)
The anticipated division of the property into parcels
in private ownership, if any, if it affects zoning provisions;
(4)
The yard setback, in feet, for buildings and parking
lots from lot lines and, where applicable, a zoning district boundary,
a brook or a pond. The plan shall specifically show appropriate setbacks
to adjacent Residential Districts, Business Districts, Business Districts,
and PD Districts, considering the development potential of any vacant
land in such districts using the setback requirements set forth in
Section 4.0;
(5)
The boundaries of any common open space or usable
open space;
h.
A utilities analysis showing:
(1)
The location and size of the City's existing water
mains, fire hydrants, sanitary sewers, and storm drains;
(2)
The proposed locations and the approximate size
of utilities to be constructed on the site and their proposed connections
to the City's utilities, and any special features, such as culverts
or pumping stations, that might affect the ability of the City to
service the development;
i.
A traffic analysis to be conducted by a traffic engineer who
will certify that he/she qualifies for the position of member of the
Institute of Transportation Engineers (ITE). The analysis shall include:
(1)
Traffic counts on arterial streets that provide
access to the development site showing data on average daily traffic
(ADT) and a.m. and p.m. peak periods (conducted for two hours divided
into fifteen-minute segments);
(2)
Intersection turning movement counts at intersections
likely to be affected by the proposed development (conducted for two
hours divided into fifteen-minute segments);
(3)
An inventory of roadway characteristics showing
the width of the principal approach streets and the presence or absence
of sidewalks and their conditions;
(4)
Estimated trip generation showing the projected
inbound and outbound vehicular trips for the a.m. and p.m. peak periods
and a typical one hour off-peak trip generation;
(5)
The estimated distribution of new trips by approach
streets;
(6)
The effect of additional traffic generated by the
development on traffic "levels of service" on each approach street;
(7)
Estimated off-street parking and loading requirements
and time of peak accumulation.
j.
In addition to the submission requirements outlined in this
section, the SPGA may impose additional submission requirements through
the adoption of rules and regulations for a PD District rezoning.
All documents must be submitted to the SPGA no later than two
business days prior to meetings at which the amendment will be considered.
Fifteen copies shall be submitted. Documents shall also be made available
electronically for access by the general public.
The SPGA may approve the PD special permit if the SPGA finds
that all the following conditions are met:
1.
The site development and use plan is substantially in conformance
with the PD rezoning ordinance approved by the Council. The SPGA may
permit insubstantial changes in view of the more detailed survey and
engineering design provided that they do not conflict with the intent
of the PD rezoning ordinance.
2.
The PD rezoning ordinance approved by City Council and the site
development and use plan are incorporated into the PD special permit
by reference.
3.
Methods satisfactory to the SPGA of ensuring the performance
of any special conditions included in the PD rezoning ordinance have
been submitted by the developer.
4.
Any land designated as common open space on the PD rezoning
ordinance shall, at the SPGA's discretion, be either conveyed to the
City or protected by an easement granted to the City.
5.
The SPGA reserves the right to require that up to 20% of all
new housing units be made affordable to persons of low and moderate
income, according to the standards of the state and/or City, as determined
by the SPG.
6.
The project meets the evaluation criteria specified in this
section and the SPGA's rules and regulations.
7.
The SPGA in granting a PD special permit may impose such additional
conditions as the SPGA finds will serve the public interest and are
consistent with the intent of the PD rezoning ordinance.
8.
The SPGA may deny an application for PD special permit and base
its denial on the finding that the development proposed in the site
development and use plan did not meet one or more of these criteria
for approval.
9.
In the event the SPGA determines that the site development and
use plan is not in substantial conformance with the PD rezoning ordinance,
the application for a PD special permit shall be denied. The applicant
shall be required to submit a new PD rezoning ordinance and zoning
amendment to the City Council in order to proceed.
Changes in uses or substantial changes in the site development
from that shown on the site development and use plan, referenced in
the PD special permit, are not permitted without the approval by the
SPGA. A new PD rezoning ordinance must be submitted in accordance
with the procedures outlined herein.
[Added 7-13-2021 by Doc. 69-B]
The purpose of the Boston Road Planned Residential Development
District ("BRPRD") is as follows:
The BRPRD is located on Tax Parcel Map 754, Block 2, Lot 20,
and Map 274, Block 2, Lots 18A, 4 and 5, containing approximately
6.5 acres of land.
The following uses are allowed in the BRPRD upon the issuance of Development Review approval pursuant to § 10.1.4:
1.
Multifamily Dwellings containing not more than 45 units in any
single dwelling, including ancillary or accessory clubhouse, pool,
health and fitness facility, and other amenity space for the residents.
2.
Retail establishment, not to exceed 10,000 square feet of gross
floor area.
3.
Restaurant, coffee shop, diner, luncheonette, or sandwich shop,
not to exceed 10,000 square feet of gross floor area.
The following uses are allowed in the BRPRD by special permit issued by the City Council pursuant to § 10.4 of this chapter.
1.
Drive-through facility.
The following dimensional and density regulations shall apply
in the BRPRD:
1.
Minimum lot area; multifamily dwellings: five acres.
2.
Minimum lot area; commercial: 0.4 acre.
3.
Minimum frontage; multifamily dwellings: 350 feet.
4.
Minimum frontage; commercial: 100 feet.
5.
Maximum building height; multifamily: Five stories and 70 feet.
6.
Maximum building height; commercial: 2.5 stories and 35 feet.
7.
Building setback: All buildings shall be set back not less than
25 feet from the boundary of the BRPRD.
8.
Multifamily dwelling separation. No multifamily dwelling shall
be located less than 10 feet from any other multifamily dwelling(s).
9.
Density; multifamily dwellings: The total number of dwelling
units shall not exceed 35 per acre of lot area.
The principal roadway(s) and driveways serving the site shall
be adequate for the intended use and vehicular traffic and shall be
maintained privately. Minimum travel width of each lane on a road
or driveway within the BRPRD shall be 12 feet. The connection of all
buildings in the BRPRD to the municipal water and sewer systems is
required. All water, sewer, gas, electricity, cable, and telephone
lines shall be installed underground.
All development in the BRPRD shall comply with the performance standards set forth in § 6.3 of this chapter, unless waived by the City during development review.
Signs associated with multifamily dwellings and commercial buildings
shall respectively be consistent with the overall size of the total
project in the PRD and reviewed by the City during development review.
Signs built with landscaping and ground lighting are encouraged.
[Added 11-1-2022 by Doc. 108]
The purpose of the Oxford Crossing Planned Residential Development
District ("OCPRD") is as follows:
The OCPRD is located on Tax Parcel Map 731, Block 761, Lot 34;
Map 752, Block 1, Lots 215, 216, 217 and 218; Map 752, Block 2, Lots
64, 66, 67 and 68; Map 752, Block 3, Lots 1A, 2, 3, 4 and 5; and the
Oxford Avenue Right-of-Way from Cross Road to Route 125, containing
approximately 8.4 acres of land, in total.
The following uses are allowed in the OCPRD upon the issuance of development review approval pursuant to § 10.1.4:
1.
Multifamily dwellings containing not more than 240 units in
any single dwelling, including ancillary or accessory clubhouse, pool,
health and fitness facility, and other amenity space for the residents.
2.
Retail establishment, and/or private event space complementary
to the restaurant, not to exceed 10,000 square feet of gross floor
area.
3.
Restaurant, coffee shop, diner, luncheonette, or sandwich shop,
not to exceed 10,000 square feet of gross floor area.
The following dimensional and density regulations shall apply
in the OCPRD:
1.
Minimum lot area; multifamily dwellings: five acres.
2.
Minimum lot area; commercial: 0.4 acre.
3.
Minimum frontage; multifamily dwellings: 100 feet.
4.
Minimum frontage; commercial: 100 feet.
5.
Maximum building height; multifamily: six stories and 80 feet.
6.
Maximum building height; commercial: 2.5 stories and 35 feet.
7.
Building setback: All buildings shall be set back not less than
five feet from the boundary of the OCPRD, except for front yards along
streets shall be a setback a minimum of zero feet.
8.
Multifamily dwelling separation: No multifamily dwelling shall
be located less than 10 feet from any other multifamily dwellings.
9.
Density; multifamily dwellings: The total number of dwelling
units shall not exceed 50 per acre of lot area.
The principal roadway(s) and driveways serving the site shall
be adequate for the intended use and vehicular traffic and shall be
maintained privately. Minimum travel width of each lane on a road
or driveway within the OCPRD shall be 20 feet. The connection of all
buildings in the OCPRD to the municipal water and sewer systems is
required. All proposed water, sewer, gas, electricity, cable, and
telephone lines shall be installed underground.
All development in the OCPRD shall comply with the performance standards set forth in § 6.3 of this chapter, unless waived by the City during development review.
Signs associated with multifamily dwellings and commercial buildings
shall respectively be consistent with the overall size of the total
project in the PRD and reviewed by the City during development review.
Signs built with landscaping and ground lighting are encouraged.
The purpose of this section is to address issues relating to
sober houses in Haverhill. Structured sober houses provide housing
for individuals in recovery from addiction to drugs and/or alcohol,
including people who may have co-occurring mental health issues, as
they transition from the treatment setting to life in the community.
This housing assists individuals to return to the community through
support in an alcohol- and drug-free, home-like environment. This
section is intended to protect the residents of sober houses from
operators who engage in abuse, neglect, mistreatment, fraud, and/or
inadequate supervision of this vulnerable population as well as to
protect the residents of structured sober living homes and the neighboring
community from operators who fail to provide a supportive, residential
family-like living environment necessary for the residents to achieve
and maintain sobriety, in a manner consistent with the reasonable
expectations of residents living where sober houses are located in
regard to their quality of life.
See Section 11.0, "sober homes."
No sober house may operate within the City without first obtaining
a registration as provided in this section. No person shall open or
operate a sober house or work for a sober house in the City until
the information required in this section has been provided to the
Director of Inspectional Services or his/her designee. The operator
of any sober house in the City shall be responsible for updating all
required information on a monthly basis, as necessary. Application
for this registration within 60 days of the effective date of this
chapter by any current operator, and within 30 days of the date of
application for an occupancy permit for all new operators.
Every applicant for a registration to operate a sober house
shall provide the following information and documentation:
1.
The name and full street address of the structured sober living
home;
2.
The name, full street address, mobile and land phone numbers,
e-mail address, and driver's license or government issued identification
number of the property owner and the operator;
3.
After a house manager is hired, each house manager's name, full
home living street address, mobile and land phone numbers, e-mail
address, and driver's license or government issued identification
number;
4.
If the operation of the sober house involves a lease, a copy
of the lease then currently in effect;
5.
The operation plan for the sober house, including supervisory
roles and responsibilities, all plans that facilitate the rehabilitative
process and those that address the maintenance and control of the
property including parking, noise abatement and the like, all consistent
with local ordinances;
6.
The tenant rules and regulations, written intake procedures
and relapse policy, and discharge plan;
7.
An affirmation by the operator that only residents [other than
the house manager(s)] who have the disability of addiction to drugs
and/or alcohol as defined by state and federal law are eligible to
reside at the sober house and the home will not admit persons who
pose a direct threat to the health or safety of others such as persons
on the sex offender registry or prison pre-parolee;
8.
A blank copy of every form that residents and potential residents
are required to complete;
9.
A voluntary fire safety inspection of the property shall be
offered as part of the registration process by the Haverhill Fire
Department;
10.
A signed and dated safety certification that the following safety
devices are installed and fully functional as well as a schedule for
self-inspecting each device: a) functioning smoke detectors in the
sleeping rooms and common areas; b) functioning carbon monoxide detectors;
c) functioning fire extinguishers in plain sight and/or clearly marked
location; d) interior and exterior of the property is in a functional,
safe and clean condition and free of fire hazards; and
11.
Contact information shall be provided on an annual basis and
updated within 30 days of any change.
Upon receipt of the foregoing information, the Director of Inspectional
Services or his/her designee shall issue the registration required
by this section as an administrative/ministerial matter. The Director
of Inspectional Services or his/her designee may deny the registration
for a sober house and may deny any transfer of a current registration
or revoke a current registration only under the following circumstances:
1.
The owner or operator has provided materially false or misleading
information on its application or omitted any pertinent information;
2.
Any owner or operator has an employment history in which he
or she was terminated during the prior five years or any staff person
has an employment history in which he or she was terminated in the
prior year, due to physical assault, sexual harassment, embezzlement,
theft, falsifying a drug test, or selling or furnishing illegal drugs
or alcohol;
3.
Any operator of a sober house who is in recovery from drug and/or
alcohol addiction who has been clean and sober for fewer than two
full years as of the date of application for this registration or
the date of employment;
4.
Repeated violations of the operating rules and regulations submitted
as part of the application for the registration, and/or the supervision
requirements in the sober house for the residents during hours of
operation, the structured sober living home's rules and regulations,
written intake procedures, relapse policy, or discharge procedure
and policy.
The operator of a sober house shall provide a parking plan for
review and approval by the Director of Inspectional Services or his
designee providing for off-street parking to accommodate residents
and to address parking impacts of the residence on the abutters.
