It is the purpose of this section to establish reasonable and
uniform regulations to prevent the concentration of sexually oriented
businesses within the City of Fitchburg; to promote the health, safety
and general welfare of the citizens of the City of Fitchburg; and
to prevent problems of blight and deterioration which accompany and
are brought about by the concentration of sexually oriented businesses.
This section has neither the purpose nor the effect of imposing limitation
or restriction on the content of any communicative materials, including
sexually oriented materials; and it is not the intent nor effect of
this section to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market; and neither is it the intent nor effect of
this section to condone or legitimize the distribution of obscene
material.
Sexually oriented businesses shall be permitted only by special
permit granted by the City Council in accordance with the provisions
of MGL c. 40A, § 9 and all of the provisions of this chapter
and shall be subject to the restrictions, regulations, and standards
set forth herein. No use variance shall be granted for a sexually
oriented business.
181.6121.
Anyone wishing to obtain a special permit to operate a sexually oriented business shall follow the procedures set forth in this chapter at Section 181.94 and all rules, regulations and procedures applicable to the granting or denying of special permits or for imposing conditions upon special permits generally shall be applicable to the granting or denying of a special permit for sexually oriented business.
Sexually oriented businesses shall be subject to the following
restrictions as to their location:
181.6131.
Sexually oriented businesses may only be located in Industrial
and Commercial Districts. Sexually oriented businesses shall comply
with all of the regulations, requirements and restrictions for the
zoning district in which the sexually oriented business is to be located.
181.6132.
No sexually oriented business shall be permitted within 1,000
feet of another existing sexually oriented business or one for which
a building permit has been applied.
181.6133.
A sexually oriented business cannot be operated in the same
building, structure or portion thereof of as another sexually oriented
business.
181.6134.
No sexually oriented business shall be permitted within 750
feet of any residential zone or the property line of any church, place
of worship, parish house, convent, public, parochial, or private school,
kindergarten or City boundary.
181.6135.
Measurement. The measure of distance for purposes of Subsections 181.6132 and 181.6134 shall be in a straight line without regard to intervening structures from the property line of the sexually oriented business to the property line of another sexually oriented business or to the property line of one of the structures described in Subsections 181.6132 and 181.6134.
181.6136.
Lawful Preexisting Uses. A sexually oriented business lawfully
operating is not rendered a nonconforming use by the new location
of a residential zone, church, place of worship, parish house, convent,
public, parochial or private school, kindergarten, or a City boundary.
In addition to the requirements generally applicable to special
permits, special permits for sexually oriented businesses shall be
subject to the following restrictions, standards and conditions.
181.6141.
The premises of all sexually oriented businesses shall be constructed
so as to include an anteroom, foyer, partition or the physical barrier
on all customer entrances that will ensure that the interior of the
premises is not observable from the exterior of the building.
181.6142.
Exterior overhead lighting shall be provided with sufficient
intensity to illuminate every place to which customers are permitted
at an illumination of not less than one footcandle as measured at
floor level. This lighting must be maintained at all times during
which any customer or patron is present in, or on, the premises. The
exterior lighting sources shall be indirect, diffused, or with shielded
fixtures, installed to reduce glare and the consequent interference
with adjacent properties and streets.
181.6143.
Any signs or advertisements placed around or on the building
shall not visually depict or describe specified anatomical areas or
specified sexual activities as defined herein or nudity as defined
by MGL c. 272, § 31.
181.6144.
The City Council may impose reasonable restrictions and conditions as described in this chapter in Section 181.945 and as permitted by chapter 40A of the General Laws, and in addition may impose restrictions or conditions regulating buffering, outdoor lighting, signage, parking, adequate ingress and egress from the site and to and from public roads and/or pedestrian movement. It may impose reasonable conditions to require appropriate landscaping and building aesthetics and it may impose reasonable conditions so as to avoid a site development layout which would result in negative environmental impacts or in a design incompatible with surrounding uses.
A.
The purposes of these regulations include:
(1)
Minimizing adverse impacts of radio communications facilities,
satellite dishes, antennas, and their support structures to abutting
properties and traveled ways;
(2)
Ensure that the wireless communication facilities are designed
to minimize the adverse aesthetic impact by encouraging providers
to utilize careful design, siting, screening, and camouflaging techniques;
and
(3)
Minimizing the overall number and height of such facilities
by encouraging the co-location of wireless communication facilities
and the use of existing towers and structures for placement of facilities
and equipment.
B.
A successful wireless communication facility will achieve the following:
(1)
Protection of the City of Fitchburg's resources;
(2)
A predictable outcome for wireless communication facilities
applicants;
(3)
Equal evaluation and review for all applicants; and
(4)
The development of standards to be used as findings for decisions
on personal wireless communication facilities applications.
A.
Wireless communication facilities may be permitted as conditional uses in all zoning districts. All proposed wireless communication facilities, except those exemptions identified in Section 181.6281 below, whether new co-located or not co-located, must be reviewed by the Planning Board as a conditional use under requirements of this section and under this chapter.
B.
Wireless communication facilities require site plan approval by the
Planning Board.
C.
All wireless communication facilities are deemed to be a structure
as the term "structure" is defined and used in this chapter.
D.
An applicant for a proposed facility must be a licensed wireless
communication provider or must provide a copy of its executed contract
to provide land or facilities to an existing provider to the Planning
Board at the time that an application is submitted. A permit shall
not be granted for a wireless communication facility to be built on
speculation. In addition, the record owner(s) of the property on which
the facility is located must sign and join in the permit application,
and the permit will run to and be binding on the owner, including
successors and assigns.
All wireless communications facilities which exceed the following
limits are required to obtain a special permit from the Planning Board:
181.6231.
For a building-mounted antenna support structure, any support
structure and/or attached antenna, including satellite dishes:
A.
That protrudes more than five feet vertically from the roof where
it is mounted or, in the case of a flat roof, protrudes more than
five feet vertically from the horizontal plane of the top surface
of the roof parapet; or
B.
That is set back from a roof edge or structural edge such that the
vertical distance from the edge to the top of the antenna support
structure, with antenna, is less than two-thirds the horizontal distance
from the edge to the support structure or antenna; or
C.
That protrudes horizontally from any surface or edge, except that
antenna support structures and antennas mounted on building surfaces
set back from roof edges, such as elevator house walls, are exempt
from this condition if they comply with the two previous conditions
with respect to the roof above which the antennas are mounted.
181.6232.
For new freestanding antenna support structures, any new structure
with attached antennas, including satellite dishes, that protrudes
more than five feet aboveground.
181.6233.
Any attachments to a freestanding antenna support structure
existing at the time of adoption of this chapter that protrude more
than five feet from the top of the structure (excluding existing antennas)
or protrude more than eighteen inches from the side of the structure.
181.6234.
In any case, any wireless communications facility which includes
a wireless communications accessory building located in a residential
zoning district requires special permit.
181.6241.
Concealed wireless communications facilities shall be allowed
by right in all zoning districts.
181.6242.
New freestanding antenna support structures issued special permits
under this chapter may have special conditions applied that provide
the structure owner with more or less flexibility to add antennas
in the future, depending on the structure's purpose, design,
location, and appearance. In the absence of such condition on a special
permit for a freestanding antenna support structure, any attachment
to a freestanding antenna support structure constructed after adoption
of this chapter may protrude no more than five feet from the top of
the structure (excluding existing antennas) nor eighteen inches from
the side of the structure.
181.6243.
A wireless communications facility may be sited on a lot which
already accommodates a lawful principal use.
181.6244.
The granting of a special permit, or the designation of certain
uses as allowed by right in this section, does not absolve the owner
or applicant from the responsibility for acquiring any other permits,
including by not limited to building permits, certification from the
Board of Health, or Federal Aviation Administration permits.
181.6245.
Unless waived by the Planning Board under Section 181.628, only freestanding monopoles, with associated antenna and/or panels, shall be allowed.
181.6246.
At the time that a special permit holder plans to abandon or
discontinue operation of a wireless communications facility, such
holder will notify the City of Fitchburg by certified US Mail of the
proposed date of abandonment or discontinuance of operations. Within
six months from the date of abandonment or discontinuance of use of
a permitted wireless communications facility, the special permit holder
shall physically remove the facility.
181.6247.
A freestanding antenna support structure that is constructed
primarily for supporting wireless communications facilities shall
be removed if it has not supported any active wireless communications
facilities for one year. The Planning Board may also require a reduction
in height if upper elevations of a freestanding antenna support structure
are not used by a wireless communications facility for one year. The
Planning Board may determine that the primary purpose of a freestanding
antenna support structure is to support the operation of specific
wireless communications facilities. Upon removal of these specific
facilities, the Planning Board may require the owner of the support
structure to reduce or remove the structure, regardless of whether
any other Wireless communications facilities are using the structure.
In the event that these elements are not removed within the time period
specified by this chapter, the City of Fitchburg (in addition to other
remedies) may remove the antenna, structure, and associated facilities
and assess the costs of removal against the property.
181.6248.
At the discretion of the Planning Board, holders of special
permits for wireless communications facilities and/or antenna support
structures of any type may be required to provide to the Building
Commissioner annual certification demonstrating continuing compliance
with applicable standards regarding structural integrity, air traffic
safety, radio emissions safety, or other issues of importance to the
purposes of this regulation.
181.6251.
The following information shall be prepared by a professional
registered engineer or other qualified representative and submitted
along with the special permit application:
A.
A written statement demonstrating that the proposed facility will
comply with, or is exempt from, regulations administered by the Federal
Aviation Administration (FAA), Federal Communications Commission (FCC),
and the Massachusetts Department of Public Health.
B.
A description of the wireless communications facility, including
technical, economic, and other reasons for the proposed location,
height, and design.
C.
A description of the antenna support structure including:
(1)
Plans.
(2)
Elevation views with proposed antennas and with an anticipated
full load of antennas.
(3)
Photographs of the site from nearby public ways with accurate
simulations of the proposed installation.
(4)
A visual impact map showing where on public lands and ways any
part of the structure or antennas will be visible (mapped by a human
observer during a balloon or crane test).
(5)
The number and type of antennas that it can accommodate and
the basis for these calculations.
D.
A description and plans for the placement of the transmit/receive
equipment, antenna cables and related equipment. If a wireless communications
accessory building is proposed, include detailed design drawings of
the building and its locus.
181.6252.
When considering an application for a wireless communications
facility or freestanding antenna support structure the Planning Board
shall place great emphasis on the proximity of the facility to abutting
properties and streets and its visual impact on the same.
181.6253.
New freestanding antenna support structures shall only be considered
after a finding by the Board that an existing freestanding antenna
support structure cannot accommodate the proposed additional facility.
Licensed carriers shall share freestanding antenna support structures
where feasible and appropriate, thereby reducing the number of freestanding
antenna support structures. All applicants for a special permit shall
demonstrate a good faith effort to co-locate on other facilities in
circumstances where the visual impact of co-location is equal to or
better than that of the alternative. Such good faith effort includes:
A.
A survey of all existing structures, including building-mounted and
freestanding antenna support structures, buildings, and other structures
that may be feasible for co-locating wireless communications facilities,
including sites that are outside but near the applicants specified
search area;
B.
Contact with relevant owners of wireless communications facilities
operating in the City; and
C.
Sharing information necessary to determine if co-location is feasible.
In the event that the applicant claims that co-location is not feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Planning Board. The Board may retain a technical
expert in the field of RF engineering to verify if co-location at
a nearby site is or is not feasible, or to otherwise review the application.
The cost for such a technical expert will be at the expense of the
applicant. The Board may deny a special permit to any applicant that
has not demonstrated a good faith effort to provide for co-location.
In the event that co-location is not feasible and the applicant is
proposing a new freestanding antenna support structure, the applicant
must demonstrate that no existing buildings or other structures can
provide a substantial portion of the coverage desired by the applicant.
The City may retain a technical expert at the expense of the applicant
in the field of RF engineering to verify if existing alternatives
have been reasonably eliminated.
In addition to the site plan submission requirements, an application
shall include the following supplemental information:
A.
The names and addresses of the neighboring Planning Board(s) and
the Regional Planning Commission if the proposed facility might be
visible from parcels in a neighboring community.
B.
The name(s) and address(es), fax/telephone numbers and email address(es)
of the persons to be contacted who are authorized to act in the event
of an emergency regarding the structure or safety of the facility.
Both the licensed wireless communication provider and the record owner(s)
of the property on which the facility is located must sign and join
in the Planning Board application.
C.
A vicinity map on the most recent United States Geological Survey
Quadrangle Map, showing the area within a three-mile radius of the
proposed facility site, including the location of the facility and
indicate the property lines of the proposed facility site, including
the location of the facility, and indicate the property lines of the
proposed facility parcel and all easements or rights-of-way needed
for access from a public right-of-way to the facility.
D.
Site plan of the entire development, including all proposed improvements
including landscaping, utility lines, guy wires, screening, and roads.
The site plan shall be at a scale no smaller than one inch equals
50 feet.
E.
Elevations showing all facades and indicating all exterior materials
and colors of the tower, buildings, and associated facilities.
F.
In the case of a ground mounted facility, the approximate average
height of the existing vegetation within 150 feet of the base of the
facility.
G.
A report prepared by qualified radio frequency engineer and a licensed
structural engineer that:
(1)
Describes the height, design, and elevation of the proposed
facility.
(2)
Documents the height above grade for all proposed mounting positions
for antennas to be co-located on a wireless communications facility
and the minimum separation distances between antennas.
(3)
Describes the facility's proposed capacity, including the
number, height, and type(s) of antennas that the applicant expects
the facility to accommodate.
(4)
Describes potential changes and cost to those existing facilities
or sites in their current state that would enable them to provide
adequate coverage and provides a map that describes coverage of the
existing and proposed facilities.
(5)
Describes existing coverage. In the case of a new wireless communication
facility proposal, the applicant shall demonstrate to the satisfaction
of the Planning Board that the new wireless communication facility
cannot be accommodated on an existing or approved facility or structure
within a five-mile radius of the proposed site. The documentation
shall include, for each facility site or proposed site within such
radius, the exact location, ground elevation, height of tower or structure,
and sufficient additional data to allow the Planning Board or independent
reviewer to verify that other locations will not be suitable.
(6)
Describes the output frequency, number of channels, sector orientation
and power output per channel, as appropriate for each proposed antenna.
(7)
Includes a written explanation for use of the proposed facility,
including reasons for seeking capacity in excess of immediate needs,
if applicable, as well as plans for additional development and coverage
within Fitchburg.
(8)
Demonstrates that the tower and related equipment are structurally
able.
(9)
Demonstrates the wireless communication facility's compliance
with the zoning district setback and the fall zone setback for facility
and support structures.
(10)
Provides assurance that at the proposed site, the applicant
will establish and maintain compliance with all FCC rules and regulations
particularly with respect to radio frequency radiation (RFR). The
City may hire independent engineers to perform evaluations of compliance
with FCC regulations, standards, and requirements on an annual basis
at unannounced times.
(11)
Includes other information required by the Planning Board that
is necessary to evaluate the request.
(12)
For structural engineers, include an engineer's stamp and
registration number. For radio frequency engineers, provide a list
of credentials.
H.
A letter of intent committing the facility owner and his or her successors
to permit shared use of the facility if the additional user agrees
to meet reasonable terms and conditions for shared use, including
compliance with all applicable FCC regulations, standards and requirements
and the provisions of these regulations.
I.
For a wireless communication facility to be installed on an existing
structure, a copy of the applicant's executed contract with the
owner of the existing structure (to be provided to the Building Commissioner
or Planning Board at the time an application is submitted)
J.
To the extent required by the National Environmental Policy Act (NEPA)
and as administered by the FCC, a complete environmental assessment
(EA) draft or final report describing the probable impacts of the
proposed facility.
K.
Construction sequence and time schedule for completion of each phase
of the entire project.
L.
Information detailing the contents of the equipment shelters servicing
the proposed wireless communication facility. The information shall
include the type and quantity of oil, gasoline, batteries, propane,
natural gas, or any other fuel stored within the shelter. Information
shall be submitted which demonstrates that any hazardous materials
stored on site shall be housed to minimize the potential for any adverse
impact an abutting property.
M.
Computer generated photo simulations of the proposed facility showing
the facility from all public rights-of-way from which it may be visible.
Each photo shall be labeled with the line of sight, elevation and
with the date taken imprinted on the photograph. The photos shall
show the color of the facility and the method of screening.
N.
Balloon Test. The applicant shall fly or raise a five-foot diameter
balloon (painted black or dark blue) at the maximum height of the
proposed facility at a location within fifty horizontal feet of the
center of the proposed facility. The applicant shall provide at least
seven days' written notice to the Building Commissioner or Planning
Board of the date and time of the test. The sole purpose of this test
is to identify the location and height of the proposed facility and
not its visual impact.
O.
A written visual analysis with supporting illustrations demonstrating
the visual impact of the proposed facility, including photographs
of the balloon test and elevation views of the facility from each
of the five vantage points previously designated by the Building Commissioner
or Planning Board.
P.
A plan for removal and restoration of the site following abandonment
of the facility. This plan shall be binding upon the provider and
the property owner, including their successors and assigns, and therefore
construction of the facility will constitute consent from the owner,
including successors and assigns, for the City or its agents to enter
upon the property, if necessary, to complete removal of an abandoned
facility.
Q.
A landscape easement on an adjoining site, if this is needed to satisfy
the requirements of camouflaging ground-mounted facilities.
R.
Any additional information requested by the Planning Board.
The following guidelines shall be used for the siting and construction
of all wireless communication facilities:
181.6271.
All new freestanding antenna support structures shall be designed to be constructed to the minimum height necessary to accommodate the anticipated and future use of the structure, but in no case shall the height exceed 175 feet as measured from ground level at the base of the structure, except for facilities used by a federally licensed amateur radio operator antenna. No antenna support structure used by an amateur radio operator shall be used to co-locate any facility other than another residential communications facility. Section 181.416, Table of Dimensional Requirements, shall not apply to freestanding antenna support structures with regard to the maximum allowable height of a structure.
181.6272.
In order to protect public safety, the minimum distance from
the base of any freestanding antenna support structure to any property
line or road shall be 50% of the height of the structure, including
any antennas or other appurtenances. This setback is considered a
fall zone. The minimum distance from the base of any building-mounted
antenna support structure to any lot line, measured horizontally,
shall be at least that required in the zoning district by this chapter,
and in no case shall be less than the height of the antenna above
the roof.
181.6273.
Building mounted antenna support structures shall not exceed
15 feet in height above the roof line of the structure. The Planning
Board may grant special exceptions in circumstances where irregular
roof lines or the configuration of other rooftop structures may be
utilized without compromising the intent of this section.
181.6274.
All antenna support structures and antennas, unless roof-mounted,
shall be located in the side or rear yard or building mounted in such
a manner that the view of the facility from abutting properties and
streets shall be as limited as possible. Antenna support structures
and antennas shall be camouflaged in a manner appropriate to the application.
Where appropriate, vegetative, or mechanical screening shall be employed
to hide antennas from public view.
181.6275.
Fencing which is compatible with the characteristics of the
neighborhood may be required to be provided to control access to wireless
communications facilities and antenna support structures. No razor
wire shall be permitted.
181.6276.
Unless otherwise permitted by this chapter or specified in a
special permit, there shall be no signs posted at wireless communications
facilities except for warning signs, no trespassing signs, a sign
identifying the facility, the owner and operator and an emergency
telephone number, and any required hazard or information sign normally
mounted at a wireless communications facility. No sign shall be greater
than eight square feet in size and six feet in elevation.
181.6277.
Lighting of antenna support structures and antennas shall be
prohibited unless required by the Federal Aviation Administration.
Lighting shall be limited to that needed for emergencies and/or as
required by the FAA. Lighting on the grounds of a freestanding antenna
support structure or a wireless communications accessory building
shall be kept to the minimum necessary to assure security and shall
follow City lighting regulations.
181.6278.
Unless the wireless communications facility is to be located
at a building or site with ample parking, a minimum of one dedicated
parking space for an antenna support structure. The space shall not
be used for the permanent storage of vehicles or other equipment or
materials. The Planning Board shall evaluate the application in terms
of the number of potential wireless co-locators and determine the
minimum parking area to accommodate them at the site.
181.6279.
Bulk, Height, Glare. All wireless communication facilities shall
be designed in such a manner as to minimize the visual impact of height,
mass, and guy wire supports for the intended use. Materials utilized
for the exterior of any structure shall be of a type, style, and location
so as to minimize glare and not result in an adverse visual impact
on any public vantage point or from abutting properties.
181.62710.
Noise. The sustained (for a period of one hour) sound-pressure
level of any wireless telecommunications facility equipment shall
not exceed the 70 dbA decibel level at the property line between the
hours of 7:00 a.m. and 7:00 p.m., and shall not exceed the 60 dbA
decibel level at the property line between the hours of 7:00 p.m.
and 7:00 a.m. If the noise is impulsive (i.e., hammering), intermittent
(i.e., machine sounds) or periodic (i.e., hums or screeches), the
maximum sound-pressure levels described above shall be reduced by
5 dbA. Furthermore, the applicant shall demonstrate that the sound
pressure level of the proposed facility is as quiet as reasonably
possible (i.e., if it is reasonably possible to have a dbA level less
than cited above, the lower level shall be required).
181.62711.
Co-location. New wireless communication facilities shall be
designed structurally, electrically and in all respects to accommodate
both the applicant's antenna, additional antennas, and the rearrangement
of antennas when the overall permitted height allows. The owner of
an approved facility shall allow other providers to co-locate on the
facility subject to reasonable terms and conditions (this includes
communication equipment for municipal emergency services when the
new wireless communication facility is proposed in an area where the
municipal emergency services have a communication dead zone). Notwithstanding,
there shall be no affirmative obligation on the owner to increase
the height or width of the facility in order to accommodate the equipment
or facilities of another user. The applicant must demonstrate to the
satisfaction of the Planning Board that the new wireless communication
facility cannot be accommodated on an existing or approved facility
or structure due to one of the following reasons:
A.
Structural or Spatial Capacity. The proposed antennas and equipment
would exceed the structural or spatial capacity of the existing or
approved facility, as documented by a structural engineer licensed
to practice in the State of Massachusetts. Additionally, the existing
or approved wireless communication facility cannot be reinforced,
modified, or replaced to accommodate planned or equivalent equipment,
at a reasonable cost, to provide coverage and capacity comparable
to that of the proposed facility.
B.
Radio Frequency Interference. The proposed antennas and equipment,
alone or together with existing facilities, equipment or antennas,
would create radio frequency interference (RFI) in violation of federal
standards or requirements as documented by a qualified radio frequency
engineer.
C.
Radio Frequency Radiation. The proposed antennas and equipment, alone
or together with existing facilities, equipment, or antennas, would
create radio frequency radiation (RFR) in violation of federal standards
or requirements without unreasonable modification or mitigation measures
as documented by a qualified radio frequency engineer.
D.
Existing Facilities. Existing wireless communication facilities that
cannot accommodate, or be reasonably modified to accommodate, the
planned equipment at a height necessary to function reasonably or
are too far from the area of needed coverage to function reasonably
as documented by a qualified radio frequency engineer.
E.
Aesthetics. Aesthetic reasons make it unreasonable to locate the
planned equipment upon an existing or approved wireless communication
facility.
F.
Coverage. There are no existing or approved wireless communication
facilities in the area in which coverage is sought.
G.
Other. Other specific unforeseen reasons make it unreasonable to
locate the planned equipment upon an existing or approved wireless
communication facility.
181.62712.
Determination of Visual Impact. The facility will not have an
undue adverse aesthetic impact. In determining whether a facility
has an undue aesthetic impact, the Planning Board shall consider the
following factors:
A.
The results of the balloon test and photo simulations.
B.
The extent to which the proposed towers and equipment have been designed
to blend into the surrounding environment through the use of screening,
camouflage, architectural design, and/or imitation of natural features.
C.
The extent to which access roads have been designed to follow the
contour of the land and will be constructed within forest or forest
fringe areas and not open fields.
D.
The duration and frequency with which the facility will be viewed
on a public highway or from public property.
E.
The degree to which existing vegetation, topography, or existing
structures will screen the facility.
F.
Background features in the line of sight to the facility that obscure
or make the facility more conspicuous.
G.
The distance of the facility from the point of view and the proportion
of the facility that is above the skyline.
181.62713.
Camouflaging Facilities. New ground-mounted wireless communication
facilities shall not be located within open areas. All wireless communication
facilities shall be designed to blend into the surrounding environment
through the use of existing vegetation, landscaping and screening,
the use of compatible materials and colors, or other camouflaging
techniques.
181.62714.
Wireless communication facilities shall be designed to provide adequate access for emergency and service equipment and shall provide adequate facilities for utilities and stormwater management consistent with the function requirements of the Planning Board subdivision rules and regulations and as set forth in Section 181.945 of this chapter, hereunder.
The Planning Board may waive strict adherence to the requirements
of this section (with the exception of the height limit and exclusion
zones) if it finds the safety and wellbeing of the public will not
be adversely affected by such a waiver.
A.
The Planning Board shall have the authority to impose conditions
consistent with the purposes of this chapter in approving a proposed
plan for the development of a wireless communication facility. It
shall be the obligation of the permittees and subsequent assigns to
remain in compliance with all conditions.
(1)
Maintenance. The owner of the facility shall maintain the wireless
communication facility in good condition at all times. Such maintenance
shall include, but shall not be limited to, painting, structural integrity
of the mount and security barrier, accessibility to the facility,
maintenance of the buffer areas and landscaping, and also maintaining
proper access to the facility.
(2)
Radio Frequency Radiation Monitoring. Upon receiving a zoning
permit, the permittee shall annually demonstrate compliance with all
FCC standards and requirements regarding radio frequency radiation
(RFR) and provide the basis for representations to the Building Commissioner
or Planning Board. A survey by another permittee on the same site,
since it will demonstrate compliance of all emitters, may be submitted
provided there is annual demonstration of site compliance.
B.
Consistency with Federal Law. These regulations have been drafted
to be consistent with Section 704 of the 1996 Telecommunications Act.[1] Accordingly, the Regulations shall not prohibit or have
the effect of prohibiting the provision of personal wireless communications
services; shall not unreasonably discriminate among providers of functionally
equivalent services; and shall not regulate personal wireless services
based on the environmental effects of radio frequency emissions to
the extent that these facilities comply with the Federal Communications
Commission regulations concerning such emissions.
[1]
Editor's Note: See 47 U.S.C. § 704.
The purpose of this section is to promote the safe, effective
and efficient use of small wind energy systems which are installed
to reduce the on-site consumption of utility supplied electricity,
subject to reasonable conditions that will protect the public health,
safety and welfare.
The City of Fitchburg finds that wind energy is an abundant,
renewable and nonpolluting energy resource and that its conversion
to electricity will reduce our dependence on nonrenewable energy resources
and decrease the air and water pollution that results from the use
of conventional energy sources. Wind energy systems also enhance the
reliability and power quality of the power grid, reduce peak power
demands and help diversify the state's energy supply portfolio.
A residence or a church, hospital, library, school, or other
building used for public gathering that is either actually occupied,
in use or held or available for use at the time when the special permit
application is submitted.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which is
intended to primarily reduce on-site consumption of utility power.
The distance from the surface of the tower foundation to
the highest point of the turbine rotor plane.
No SWES shall be erected, constructed, installed or modified without first obtaining a special permit from the Planning Board. A SWES may be permitted in any zoning district as an accessory use, subject to the issuance of a special permit and further provided that the use is maintained and complies with all requirements set forth herein and as described in the special permit. No special permit shall be granted unless the Board determines that all such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Planning Board finds, in writing, that the proposed SWES complies with the special permit criteria under Section 181.942, and:
A.
The specific site is an appropriate location for such use;
B.
The use will not adversely affect the neighborhood;
C.
No nuisance will be created by the use;
D.
Adequate and appropriate facilities will be provided for the proper
operation of the use; and
E.
The application information submitted is adequate, complete and containing
sufficient information for the Planning Board to consider approving
the special permit request.
If the Board finds that the information is not adequate or complete,
it may continue the hearing on the application to allow the applicant
to submit additional information which may be needed for a decision.
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181.6341.
|
A special permit issued for a SWES may impose reasonable conditions,
safeguards and limitations on time and use and may require the applicant
to implement all reasonable measures to mitigate reasonably foreseeable
adverse impacts of the wind facility.
|
A.
The applicant and landowner's name and contact information.
B.
The map, block and lot identifier for the parcel, existing use and
acreage of the site parcel.
C.
Standard engineered drawings of the wind turbine structure, including
the tower, base and footings, drawings of access roads, and including
an engineering analysis and certification of the tower, showing compliance
with the State Building Code.
D.
Data pertaining to the tower's safety and stability, including
safety results from test facilities prepared and stamped by an engineer.
E.
Site plan. A site plan must be submitted, prepared to scale by a
registered land surveyor or civil engineer showing the proposed SWES
location, property lines for the site parcel, outline and distances
of existing and proposed structures within the allowed tower setbacks
including purpose (i.e. residence, garage, etc.), public and private
ways, drives, access easements, trails, above ground utility lines
and other significant features, as well as any proposal for landscaping
and screening.
F.
If deemed necessary by the Planning Board, the applicant shall provide
a report estimating current ambient sound at appropriate locations
and maximum projected sound from the proposed SWES. Manufacturer's
specifications may be accepted when, in the opinion of the Planning
Board, the information provided satisfies the above requirements.
G.
The certification by the applicant's engineer that the SWES
complies with applicable regulations of the Federal Aviation Administration
(FAA).
|
181.6351.
|
Waivers. Any portion of the requirements in Section 181.635 may be waived if in the opinion of the Planning Board the materials submitted are sufficient for the Board to make a decision under the criteria for a Special Permit under this section.
|
181.6361.
Turbine Height. For property sizes between 1/2 acre and one
acre, the turbine height shall be limited to 80 feet. For property
sizes of one acre or more, there is no limitation on turbine height,
except as may be imposed by the Federal Aviation Administration (FAA)
regulations, other applicable law and this chapter.
181.6362.
Setbacks. Each SWES structure shall be set back from the property line a distance no less than 1.5 times its total turbine height, unless appropriate easements are secured from adjacent property owners, as described in Section 181.637 below.
181.6363.
Guy wires associated with a SWES shall be set back at least
10 feet from a property line. Guy wires shall not be secured to trees
but shall be secured to stationary anchors and located away from trees
or other structures that may interfere with the safe operation of
the SWES.
181.6364.
Where wind characteristics permit, wind towers shall be set
back from the tops of visually prominent ridgelines to minimize the
visual contrast from any public access.
The Planning Board may waive the setback requirements in Section 181.6362 or 181.6363 if they determine that such waiver does not derogate from the intent of this section and is in the public interest. In order for the Planning Board to grant such a waiver the applicant must present evidence that the risk is minimal and will not affect public safety or that they have secured a permanent fall zone easement from the affected property owner(s) for the setback area referred to in Section 181.6362.181.6362. The area of the easement shall be shown on all applicable plans submitted to the Board. The terms of the easement shall prohibit the development of occupied buildings within the fall zone and advise all subsequent purchasers of the burdened property that the easement shall run with the land and may forever burden the subject property. In addition, the Planning Board may waive the setback requirement in Section 181.6362 for setbacks from a public or private way for good cause, or if adjacent publicly owned land or dedicated open space is determined by the Board to be appropriate for use as a setback area.
181.6381.
Support Towers. SWES shall be of a simple design with smallest
overall profile. Monopole towers are the recommended type of support.
181.6382.
The minimum distance between the ground and any part of a rotor,
or turbine blade, shall be 30 feet.
181.6383.
All wind turbines shall have an automatic braking, governing
or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades and turbine
components.
181.6384.
Color. Colors and surface treatment of the installation shall
minimize visual disruption, for example, by painting nonreflective
muted colors darker against land, lighter colors against sky, without
graphics or other decoration. However, visible, reflective, colored
objects, such as flags, reflectors, or tape shall be placed on the
anchor points of guy wires and along the guy wires up to a height
of 10 feet from the ground.
181.6385.
Compliance with FAA Regulations. Small wind energy systems must
comply with applicable FAA regulations, including any necessary approvals
for installations close to airports.
181.6386.
No SWES shall be visibly lit, except to the extent required
by the FAA or other governmental authority that regulates air traffic.
181.6387.
Small wind energy systems shall not be used for displaying any
advertising.
181.6388.
Appropriate landscaping shall be provided to screen accessory
structures from roads and adjacent residences.
181.6389.
Noise. The SWES and associated equipment shall conform with
the provisions of the Department of Environmental Protection (Mass
DEP) Division of Air Quality Noise Regulations (310 CMR 7.10).
181.63810.
Prevention of Access. All related components of the SWES shall
be designed and protected to prevent unauthorized access. Fencing
serving this purpose but compatible with the characteristics of the
neighborhood may be required to control access to the SWES. No razor
wire shall be permitted.
181.63811.
Facility Conditions. SWES owners and operators shall maintain
the SWES in good condition and provide for the ongoing maintenance
in accordance with the conditions of the special permit, manufacturer's
specifications and governmental regulations for all structural, electrical
and mechanical operations to ensure safe operation of the SWES.
181.6391.
Safety Determination. Any SWES found to be unsafe by the Zoning
Enforcement Officer or the Building Inspector shall be repaired or
removed pursuant to his or her direction.
181.6392.
No SWES that is interconnected with the electric system may
be put in operation prior to execution of an interconnection agreement
with the local electric utility.
181.6393.
If any wind energy system is substantially not operated for
a continuous period of 12 months, the Zoning Enforcement Officer may
determine the facility to be abandoned.
181.6394.
If the SWES owner or operator fails to remove the SWES in accordance
with the requirements of this section, the City of Fitchburg shall
have all the remedies available under Massachusetts General Laws.
181.6395.
If the Zoning Enforcement Officer or the Board of Health or
its agent determines that the noises emanating from an SWES creates
an unreasonable interference with abutters in the immediate vicinity
or that it may be interfering with electromagnetic communication unreasonably,
the SWES owner or operator shall be required, at its expense, to have
prepared by an independent professional engineer with expertise in
the subject matter, a study that measures and demonstrates compliance
with the standards in this chapter.
181.6396.
At the discretion of the Planning Board and if required by the
special permit, the owner of an SWES, or other responsible appropriate
person, may be required to provide to the Building Commissioner annual
certification demonstrating continuing compliance with applicable
standards regarding noise, shadow flicker, structural integrity, air
traffic safety, radio emissions safety, or other issues of importance
to the purposes of this regulation.
181.6397.
The Planning Board may retain a technical expert/consultant
to verify information presented by the applicant. The cost for such
a review will be at the expense of the applicant pursuant to MGL c.
44, § 53G, as may from time to time be amended.
181.6398.
Expiration. A permit issued pursuant to this chapter shall expire
if a) the SWES is not installed and functioning within 24 months from
the date the permit is issued; b) the SWES is abandoned; or c) the
term stated in the special permit expires without renewal or extension;
or d) the holder of the special permit or the owner of the SWES is
found to have violated the requirements of this chapter, the conditions
of the special permit or the enforcement orders of the Zoning Enforcement
Officer after hearing on notice to interested persons.
181.6399.
Violations. It is unlawful for any person to construct, install,
modify or operate a SWES that is not in compliance with this chapter
or with any condition contained in a special permit decision or building
permit issued pursuant to this chapter. SWES installed prior to the
adoption of this chapter are exempt.
MGL c. 94G and c. 94I authorize a system of state licensing
for businesses engaging in the cultivation, testing, processing and
manufacturing, and retail sales of nonmedical and medical marijuana,
respectively, and collectively referred to as "marijuana establishments"
(MEs). MGL c. 94G, § 3, allows cities to adopt ordinances
that impose reasonable safeguards on the operation of nonmedical and
medical marijuana establishments, provided they are not unreasonably
impracticable and are not in conflict with the law. The special permit
and site plan review requirements set forth in this section shall
be in addition to, and not in lieu of, any other licensing and permitting
requirements imposed by any other federal, state, or local law.
The purpose of this section is to allow state-licensed MEs to
exist in the City of Fitchburg in accordance with applicable state
laws and regulations and impose reasonable safeguards to govern the
time, place and manner of ME operations and any business dealing in
marijuana accessories in such a way as to ensure public health, safety,
wellbeing, and reduce undue impacts on the natural environment subject
to the provisions of this chapter, MGL c. 40A, MGL c. 94G, MGL c.
94I, and any other applicable law. Therefore, this chapter may permit
MEs in locations suitable for lawful MEs where there is access to
regional roadways, where they may be readily monitored by law enforcement
for health and public safety purposes, and to minimize adverse impacts
on adjacent properties, residential neighborhoods, historic districts,
schools, playgrounds and other locations where minors congregate by
regulating the siting, design, placement, operation security, and
removal of MEs.
Where not expressly defined in this chapter, terms used in this
chapter referring to marijuana shall be interpreted as defined in
MGL c. 94G and c. 94I, as the same may be amended from time to time,
and regulations issued by the Cannabis Control Commission (CCC). The
following definitions, consistent with this expressed intent, shall
apply in the interpretation and enforcement of this section:
An entity operating under both a medical marijuana treatment
center (MMTC) registration pursuant to 935 CMR 501.000, Medical Use
of Marijuana, and under at least one marijuana establishment license
pursuant to 935 CMR 500.000, Adult Use of Marijuana, on the same premise.
Co-located marijuana operations pertain to cultivation, product manufacturing,
and retail, but not any other adult use license.
Any ME facilities, as defined by Section 181.643 of this chapter, having already received a special permit and site plan review approval by the City, prior to the passage of Section 181.64 of this chapter, which remain in good standing without violation of any ordinance, statute, or condition of their special permit.
A laboratory that is licensed by the CCC and is i) accredited
to the most current International Organization for Standardization
17025 by a third-party accrediting body that is a signatory to the
International Laboratory Accreditation Cooperation mutual recognition
arrangement or that is otherwise approved by the CCC; ii) independent
financially from any medical and/or nonmedical marijuana treatment
center or any licensee or ME for which it conducts a test; and iii)
qualified to test marijuana in compliance with regulations promulgated
by the CCC pursuant to MGL c. 94G.
An entity licensed to cultivate, process and package nonmedical
and/or medical marijuana, to deliver nonmedical and/or medical marijuana
to MEs and to transfer marijuana to other MEs, but not to consumers.
A craft marijuana cultivator cooperative performing a similar function
shall be included within the definition of an MC.
An entity licensed to deliver finished marijuana products,
marijuana accessories and branded goods directly to consumers from
a marijuana retailer, or directly to registered qualifying patients
or caregivers from an MTC, but is not authorized to sell marijuana
or marijuana products directly to consumers, registered qualifying
patients or caregivers and is not authorized to wholesale, warehouse,
process, repackage, or white label, all as further defined in 935
CMR 500.00 et seq. A marijuana courier is an additional license type
under MGL c. 94G, § 4(b)(1), that allows for limited delivery
of marijuana or marijuana products to consumers and shall not be considered
to be a marijuana retailer under 935 CMR 500.002 or 500.050 and shall
be subject to 935 CMR 500.050(1)(b).
[Amended 11-15-2022 by Ord. No. 268-2022]
An entity licensed to purchase at wholesale and warehouse
finished marijuana products acquired from a marijuana cultivator,
marijuana product manufacturer, microbusiness or craft marijuana cooperative,
and white label, sell and deliver finished marijuana products, marijuana
accessories and marijuana branded goods directly to consumers, but
is not authorized to repackage marijuana or marijuana products or
operate a storefront under this license, all as further defined in
935 CMR 500.00 et seq. A delivery operator is an additional license
type under MGL c. 94G, § 4(b)(1), that allows for limited
delivery of marijuana or marijuana products to consumers and shall
not be considered to be a marijuana retailer under 935 CMR 500.002
or 500.050 and shall be subject to 935 CMR 500.050(1)(b).
[Amended 11-15-2022 by Ord. No. 268-2022]
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer, marijuana transporter, marijuana
delivery courier, marijuana delivery operator or any other type of
licensed nonmedical and/or medical marijuana related business.
[Amended 11-15-2022 by Ord. No. 268-2022]
An entity licensed to obtain, manufacture, process and package
nonmedical and/or medical marijuana and marijuana products, to deliver
nonmedical marijuana and marijuana products to ME's and to transfer
nonmedical marijuana and/or medical marijuana products to other MEs,
but not to consumers. A craft marijuana cultivator cooperative performing
a similar function shall be included within the definition of a MPM.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for nonmedical use or consumption, including edible products,
beverages, topical products, ointments, oils and tinctures.
An entity licensed to purchase and deliver nonmedical marijuana
and/or medical marijuana products from MEs and to deliver, sell or
otherwise transfer nonmedical and/or medical marijuana products to
MEs and to consumers.
An entity, not otherwise licensed by the Commission that
is licensed to purchase, obtain, and possess cannabis or marijuana
product solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, but not to consumers.
Marijuana transporters may be an existing licensee transporter or
third-party transporter.
The degree to which a person's history demonstrates
honesty, fairness and respect for the rights of others and for conformance
to the law, which may include consideration of whether an individual
has:
Ever had a professional license denied, suspended or revoked;
Ever had a business license denied, suspended or revoked;
Ever had a marijuana related business license denied, suspended,
revoked, or placed on administrative hold, or was subjected to a fine
for violation of a marijuana related zoning ordinance;
Ever had a business temporarily or permanently closed for failure
to comply with any tax, health, building, fire, zoning, or safety
law;
Ever had an administrative, civil or criminal finding of delinquency
for failure to file or failure to pay employment, sales, property
or use taxes;
Ever been convicted of a felony, sex offense, or other offense
involving violence, distribution of controlled substances, excluding
marijuana related possession offenses, or other moral turpitude;
Within the previous sixty months been convicted of a misdemeanor
or other offense involving the distribution of controlled substances
or driving under the influence of alcohol or other substance (DUI,
OUI) convictions.
181.6441.
It shall be unlawful for any person to operate a ME without
obtaining a special permit and undergoing site plan approval pursuant
to the requirements of this chapter, except as provided for an experienced
operator.
181.6442.
An experienced operator may operate a nonmedical ME of the same
type as the medical marijuana facility for which they have been granted
a special permit and approved site plan review by the City without
obtaining a new special permit, provided that the experienced operator
must receive site plan approval for the new use as a ME, that the
ME is located in the same facility for which the experienced operator
received the prior special permit and site plan approval, and that
the gross square footage of such facility is not increased by more
than 10%.
181.6443.
A separate special permit is required for each different ME detailed in Section 181.643 above, or in the case of an experienced operator, a separate site plan review.
181.6445.
A ME may only be involved in the use permitted by its definition.
MRs may only be located in buildings containing other retail, commercial,
residential, industrial, or any other uses, including other types
of MEs, if the MR is separated by full walls from any and all other
uses.
181.6446.
MEs are permissible only in zoning districts in accordance with Section 181.313, Table of Principal Uses, and any further limitations specified in Section 181.64. Notwithstanding the provisions of Section 181.313 (Table of Principal Use Regulations), no special permit may be granted for any MR located in that portion of the Downtown Business and Intown District Zoning Districts that includes Main Street which lies to the north of the railroad track dissecting said specific zone and west of the intersection of Holt Street and Summer Street until the intersection of Main Street and Prospect Street. "Social consumption establishments," so called, are prohibited as a use.
181.6447.
An entity engaged in co-located marijuana operations (CMOs)
must comply with the provisions of this chapter and the Massachusetts
adult use marijuana laws, St. 2017, c. 55; MGL c. 94G; MGL c. 94I;
935 CMR 500.000, Adult Use of Marijuana; 935 CMR 501.000, Medical
Use of Marijuana and 935 CMR 502.000. In addition to 935 CMR 502.000,
935 CMR 500.000 and 935 CMR 501.000 control for CMOs.
181.6448.
MEs shall be prohibited as an accessory use or home occupation in all zoning districts. No ME shall be permitted to have drive-up or walk-up facilities as described in Section 181.3245 of this chapter.
181.6449.
No marijuana or marijuana product shall be smoked, eaten, ingested,
consumed or otherwise used within the premises of any ME.
181.64410.
No ME may be operated in a mobile facility or outside of a fully
enclosed building or structure, excepting deliveries to off-site MRs
and/or and home deliveries to consumers permitted or licensed by applicable
state and local regulations.
181.64411.
No ME may be operated in such a manner as to cause or create
a public nuisance to abutters or to the surrounding area, or which
creates any hazard, including, but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise
or vibration, flashes, glare, objectionable effluent or electrical
interference, which may impair the normal use and peaceful enjoyment
of any property, structure or dwelling in the area.
181.64412.
The issuance of a special permit and site plan review pursuant
to this chapter does not create an exception, defense, or immunity
to any person or entity in regard to any potential criminal liability
the person or entity may have for the production, distribution, or
possession of marijuana.
181.64413.
There shall be no use variances issued for any ME.
In addition to the materials required under Section 181.94, Special Permits, and Section 181.95, Site Plan Review, of this chapter, the applicant shall submit the following:
A.
The name and address of each owner of the ME facility/operation.
B.
Proof of application to the CCC for the proposed ME including submittal
of copies of all required registrations, licenses and permits issued
to the applicant by the state and any of its agencies for the proposed
ME.
C.
A notarized statement signed by the organization's chief executive
officer and corporate attorney disclosing all of its designated representatives,
including officers, directors, shareholders, partners, members, managers,
or other similarly situated individuals and entities and their addresses.
If any of the above are entities rather than persons, the applicant
must disclose the identity of all such responsible individual persons.
D.
Evidence that the applicant has site control and right to use the
site for a ME facility in the form of a deed or executed purchase
and sales agreement or in the case of a lease a notarized statement
from the property owner and a copy of the lease agreement.
E.
The name, address, email address, and phone number of all designated
managers of the ME, together with a criminal background check of such
managers and other evidence of moral character.
F.
Proof that the detailed security plan, operation and management plan,
and emergency response plans have been submitted to the Fitchburg
Police Department and the Department of Planning and Community Development
for comment and review at the same time or prior to the submission
of the application, and any comment or response received by the applicant.
G.
Proof that the applicant provided notification in writing at the
same time or prior to the submission of the application to all property
owners and operators of the uses listed under Section 181.646(5) within
300 feet of its proposed location and use, to provide them with the
opportunity to comment to the Planning Board, as well as any and all
comment or response received by the applicant.
H.
Detailed site plans that include the following information:
(1)
Compliance with the requirements for parking and loading spaces,
for lot size, frontage, yards and heights and coverage of buildings,
and all other provisions of this chapter.
(2)
Convenience and safety of vehicular and pedestrian movement
on the site and for the location of driveway openings in relation
to street traffic.
(3)
Convenience and safety of vehicular and pedestrian movement
off the site, if vehicular and pedestrian traffic off-site can reasonably
be expected be substantially affected by on-site changes.
(4)
Adequacy as to the arrangement and the number of parking and
loading spaces in relation to the proposed use of the premises, including
designated parking for home delivery vehicle(s), as applicable.
(5)
Design and appearance of proposed buildings, structures, signage,
trash receptacles, screening and landscaping, minimizing any adverse
visual or economic impacts on abutters and other parties in interest.
(6)
Adequacy of water supply, surface and subsurface drainage and
light.
(7)
A detailed floor plan of the premises identifying the square
footage available and describes the functional areas of the ME, including
areas for any preparation of marijuana products.
(8)
Details showing all exterior proposed security measures for
the ME, including lighting, fencing, gates and alarms, etc., ensuring
the safety of employees and patrons and to protect the premises from
theft or other criminal activity.
I.
A description of the security measures, including employee security
policies, consistent with the applicable provisions in CCC regulations
935 CMR 500.110 or 935 CMR 501.110 for the ME. An active security
system shall be required for all locations and all security measures
shall be approved by the[1]
[1]
Editor's Note: So in original.
J.
A traffic study to establish ME facility impacts at peak demand times.
K.
A copy of each operating procedure consistent with the applicable
provisions in 935 CMR 500.105(1) or 935 CMR 501.105(1), including
any applicable additional CCC operational requirements for MEs.
L.
A copy of the policies and procedures for individual, patient or
personal caregiver home -delivery consistent with the applicable MDPH
or CCC regulatory provisions for the ME.
M.
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between MEs consistent with the applicable provisions
in 935 CMR 501.120(13).
N.
A copy of proposed waste disposal procedures consistent with the
applicable provisions in 935 CMR 500.105(12) or 935 CMR 501.105(12).
O.
A description of any waivers from CCC regulations issued for the
ME.
P.
Description of Activities. A narrative providing information about
the type and scale of all activities that will take place on the proposed
site, including but not limited to cultivating and processing of marijuana
or marijuana products, on-site sales, off-site deliveries, distribution
of educational materials, operating hours of ME and other programs
or activities.
Q.
Service Area. A map and narrative describing the area proposed to
be served by the ME and the anticipated number of clients that will
be served within that area. This description shall indicate where
any other MEs exist or have been proposed within the expected service
area.
R.
Evidence demonstrating that the ME will be operated in a responsible
manner that does not materially adversely affect the public health,
safety or the general welfare of the City or the immediate neighborhood
where the ME is located. This may include but shall not be limited
to evidence of moral character.
S.
Certificate of tax compliance for subject parcel(s), along with identification
of any outstanding taxes, fees or fines for other properties either
owned by the current property owner and/or applicant within the City.
T.
Buffer Area Map. A map indicating the 300-foot radius surrounding
the proposed ME (as measured from the nearest point of the structure
of the ME to the nearest point of the property line of the protected
use) as evidence that the facility is located at least 300 feet from
uses identified under Section 181.646(5.) Include street address and
distance to each applicable property within 300 feet.
U.
Proof that the ME is registered to do business in the commonwealth
as a domestic business corporation or another domestic business entity
and the corporation or entity in good standing with the Secretary
of the Commonwealth and DOR.
(1)
A certificate of good standing, issued within the previous 90
days from submission of an application, from the Corporations Division
of the Secretary of the Commonwealth; and
(2)
A certificate of good standing or certificate of tax compliance
issued within the previous 90 days from submission of an application,
from the DOR.
V.
Submission of a notarized "moral character" disclosure form for each
ME owner and manager.
W.
Submission of a notarized "authorization for release of information"
form (including any associated fees) authorizing the City of Fitchburg
Police Department to conduct a detailed background check for all designated
owners and/or managers of the ME.
X.
Zoning determination from the Office of the Building Commissioner.
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181.6451.
|
Upon receipt of a completed application, the Planning Board
shall refer copies of the application to the Building Department,
Fire Department, Police Department, Board of Health, Conservation
Commission, and the Engineering Division of the Department of Public
Works. These boards/departments shall review the application and shall
submit their written recommendations. Failure to make recommendations
within 35 days of referral of the application shall be deemed lack
of opposition.
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181.6452.
|
After notice and public hearing and consideration of application
materials, consultant reviews, public comments, and the recommendations
of other municipal boards and departments, the Planning Board may
act upon the application for special permit and approval of site plan.
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181.6453.
|
In instances where any portion of a project involves a special
permit application to or site plan review by the Planning Board for
any ME, the Planning Board shall serve as the special permit granting
authority for all other special permits required in connection with
such project.
|
MEs may be permitted pursuant to a special permit and site plan review granted by the Planning Board. In granting a special permit for a ME, in addition to the general criteria for a special permit in Section 181.94 of this chapter, the Planning Board must also make the following findings:
A.
The property where the specific ME use is proposed is within a zoning district where such use is permissible in accordance with Section 181.313, Table of Principal Uses.
B.
The applicant has demonstrated that the ME has or will meet all of
the permitting requirements of all applicable agencies within the
commonwealth and is or will be in compliance with all applicable state
laws and regulations, including, but not limited to MGL c. 94G, § 12,
General Marijuana Establishment Operation, and MGL c. 94I, if applicable.
C.
The applicant has or will enter into an approved host community agreement
under which the applicant pays a host fee or impact fee to the City
with the Mayor of the City of Fitchburg.
E.
The ME is located at least 300 feet distant of a preexisting public
or private school providing education in kindergarten or any of grades
one through 12, a vocational school, a public or private college,
junior college, university or dormitory, a licensed child care facility,
a library, a playground, a public park, a youth center, a public swimming
pool, a video arcade facility, any facility in which minors commonly
congregate, or any residence, including commercial residences such
as hotels, motels, lodging houses, etc. The distance under this section
is measured in a straight line from the nearest point of the property
line of the protected uses to the nearest point of the structure of
the proposed ME.
(1)
The distance requirement may be reduced by the Planning Board provided that the applicant demonstrates, by clear and convincing evidence, that 1) the ME will employ adequate measures to prevent product diversion to minors; and 2) the ME is adequately buffered; and 3) the Planning Board determines that a shorter distance will suffice to accomplish the objectives set forth under Section 181.642.
F.
The site is designed such that it provides convenient, safe and secure
access and egress for clients and employees arriving to and leaving
from the site using all modes of transportation, including drivers,
pedestrians, bicyclists and public transportation users, and adequately
addresses issues of traffic demand, circulation flow, parking and
queuing, particularly at peak periods at the facility and its impact
on neighboring uses.
H.
The building and site have been designed to be compatible with other
buildings in the area and to mitigate any negative aesthetic impacts
that might result from required measures and restrictions on visibility
into the building's interior.
I.
The ME facility is designed to minimize any adverse visual or economic
impacts on abutters and other parties in interest.
J.
Refuse and service areas are designed to be secure and shielded from
abutting use.
K.
A MR facility shall not have a gross floor area in excess of 5,000
square feet.
L.
The applicant has satisfied all of the conditions and requirements
of this section and other applicable sections of this chapter including
dimensional regulations and any applicable City ordinances.
M.
The facility provides adequate security measures to ensure that there
are not direct threats to the health or safety of employees, staff,
or members of the public and that storage and location of cultivation
is adequately secured.
N.
The facility will not place an undue burden on public safety services
of the City as may be adequately established to the satisfaction of
the Planning Board, which shall consider the facility's lighting,
whether or not all of the facility is visible from a public way, whether
or not the parking is contiguous with the facility or the parking
arrangements are capable of being monitored by the applicant or the
City, and whether or not the facility is or can be set up to promote
the effective monitoring by Police Department patrols, as well as
any other factors affecting public safety.
O.
The applicant has demonstrated, by substantial evidence of moral character and other evidence, that it will operate the ME in conformity with all applicable municipal ordinances, state laws and regulations and that its policies and procedures are designed to prevent violation of such laws, particularly including but not limited to Section 181.644 above.
P.
All aspects of ME facility operations will take place at a fixed
location within a fully enclosed permanent building and shall not
be visible from the exterior of the business.
The Planning Board shall conduct site plan review and shall
impose conditions reasonably appropriate to improve site design, traffic
flow, and public safety, protect water quality, air quality, and significant
environmental resources, preserve the character of the surrounding
area and otherwise serve the purpose of this section. In addition
to any specific conditions applicable to the applicant's ME,
the following conditions shall be included in any site plan review
or special permit granted under this chapter:
A.
The ME hours of operation, including dispatch of home deliveries,
shall be set forth within the special permit, and shall generally
be consistent with those for package stores licensed under MGL c.
138, but in no event shall an ME facility be open to the public, and
no sale or other distribution of marijuana shall occur upon the premises
or via delivery from the premises between the hours of 8:00 p.m. and
8:00 a.m.
B.
Any type of marijuana establishment may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
C.
No outside storage is permitted.
D.
No marijuana shall be smoked, eaten or otherwise consumed or ingested
within the premises.
E.
All business signage shall be subject to the requirements to be promulgated by the CCC and the requirements of Section 181.53 of this chapter.
F.
A medical MR facility shall have signage displayed on the exterior
of the MR facility's entrance in plain sight of clients stating
that "Registration Card issued by the MA Cannabis Control Commission
required" in text two inches in height.
G.
Temporary and promotional signage is prohibited for ME facilities.
H.
The ME shall not violate any provision of this chapter, including but not limited to Section 181.644 above.
I.
No use shall be allowed by the ME which creates a nuisance to abutters
or to the surrounding area, or which creates any hazard, including
but not limited to fire, explosion, fumes, gas, smoke, odors, obnoxious
dust, vapors, offensive noise or vibration, flashes, glare, objectionable
effluent or electrical interference, which may impair the normal use
and peaceful enjoyment of any property, structure or dwelling in the
area.
J.
Display of marijuana, marijuana products and marijuana accessories
shall be limited to an area which is accessible only by persons aged
21 years or older, or persons holding a patient registration card
or a caregiver, and the applicant shall establish such controls and
monitoring as are necessary to ensure that this area is not accessed
by persons under the age of 21 years or persons not holding a patient
registration card.
K.
Ventilation. All facilities shall be ventilated in such a manner
that no:
(1)
Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the outside atmosphere;
and
(2)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the medical marijuana business or at any adjoining
use or property.
L.
The ME shall regularly verify to the City its efforts to ensure the
health, safety, and wellbeing of the public and to limit undue impacts
on the natural environment by the use of high efficiency equipment
to limit energy and water usage demand, by the purchase of renewable
energy credits, by the use of LED lighting equipment, by the prohibition
or limitation of pesticides, insecticides and similar chemicals, and
by any other methods designed to further this purpose.
(1)
The Planning Board may impose specific conditions relating to
the preservation or improvement of public safety, including but not
limited to lighting, visibility, surveillance, security cameras, parking
arrangements, and accessibility for police patrol.
(2)
ME shall be operated in a responsible manner that does not materially
adversely affect the public health, safety or the general welfare
of the City or the immediate neighborhood where the ME is located.
M.
The applicant will enter into an approved host community agreement
under which the applicant pays a host fee or impact fee to the City
with the Mayor of the City of Fitchburg.
N.
The marijuana establishment facility shall provide to the Building
Commissioner, Board of Health and Police Department, the names, telephone
numbers and electronic mail addresses of all management staff and
keyholders, including a minimum of two operators or managers of the
facility identified as contact persons to whom one can provide notice
if there are operating problems associated with the establishment
after regular business hours to address an urgent issue. Such contact
information shall be kept updated by the permit holder.
O.
The owner or manager of a marijuana establishment shall respond by
phone or email within 24 hours of contact by a City official concerning
their ME at the phone number or email address provided to the City
as the contact for the business.
P.
A marijuana establishment facility and affiliated vehicles shall
be open to inspection by the Fire Department, Police Department, Building
Official and the Board of Health at any time with notice. Said officials
may enter upon any premises used by a ME for the purposes of his or
her business, ascertain how he or she conducts his or her business
and examine all articles stored in or upon said premises, and all
books, surveillance and inventories shall be exhibited to any above-named
whenever a demand shall be made for such exhibition.
Q.
The permit holder shall notify the Building Commissioner, Board of
Health, Police Department, Fire Department and City Council in writing
within 12 hours following a violation or potential violation of any
law or criminal or potential criminal activities or attempts of violation
of any law at the ME.
R.
The permit holder of a ME shall file a copy of any incident report
required under the applicable provisions in 935 CMR 500.110(9) or
935 CMR 501.110(9) with the Building Commissioner, Police Chief, and
Board of Health within 24 hours of creation. Such reports may be redacted
as necessary to comply with any applicable state or federal laws and
regulations.
S.
The permit holder of a ME shall file a copy of any summary cease-and-desist
order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by the CCC or the
Division of Administrative Law Appeals, as applicable, regarding the
ME with the Building Commissioner, Police Chief, Board of Health,
Planning Board, City Council and Mayor within 48 hours of receipt.
T.
Records of a marijuana establishment must be available for inspection
by the Fitchburg Police Chief, Fire Chief, Building Commissioner and
Board of Health upon request. In addition to required records and
procedures as provided by City of Fitchburg Code, ordinance, or regulation,
the ME shall also produce written records that are subject to inspection
as required in any applicable section of 935 CMR 500.105 or 935 CMR
501.105, including 935 CMR 500.105(8) or 935 CMR 501.105(8) inventory
records of the preceding month (date of the inventory, a summary of
the inventory findings, and the names, signature, and titles of the
individuals who conducted the inventory), and additional information
as may be determined by the official.
U.
Permitted marijuana establishment facilities shall file an annual
report to the Building Commissioner, Planning Board and City Council
no later than January 31 of each year, including a copy of all current
applicable state licenses for the facility and/or its owners, managers
and agents demonstrating continued compliance with the conditions
of the special permit. The special permit shall be subject to revocation
for violations and/or breaches of the conditions of the special permit.
V.
The permit holder shall notify the Building Commissioner, Police
Chief, Board of Health, Planning Board, City Council and Mayor in
writing within 48 hours of the cessation of operation of the ME or
the expiration or termination of the permit holder's registration
with the CCC.
W.
No building permit or certificate of occupancy shall be issued for
a ME that is not properly registered with the Cannabis Control Commission
(CCC).
X.
A ME facility shall be required to remove all material, plants equipment
and other paraphernalia prior to surrendering its state registration
or ceasing its operation. Prior to the issuance of a building permit
for a ME the applicant is required to post with the City Treasurer
a bond or other form of financial security acceptable to said Treasurer
in an amount set by the Planning Board. The amount shall be sufficient
to cover the costs of the City removing all materials, plants, equipment
and other paraphernalia if the applicant fails to do so. The Building
Inspector shall give the applicant 45 days written notice in advance
of taking such action. Should the applicant remove all materials,
plants, equipment and other paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days written
notice, said bond shall be returned to the applicant.
181.6481.
A special permit or site plan approval may be terminated due
to violation of any of its conditions. In addition, a special permit
or site plan approval shall terminate upon:
A.
Failure of the permit holder to commence operations at the ME within
12 months of the date of approval.
B.
Transfer of ownership of the ME without approval of the Planning
Board. For these purposes, transfer of ownership shall include any
reallocation of ownership or change in business structure which results
in a change of its designated representatives or responsible individuals.
C.
Termination of the host community agreement or failure to pay a host
fee or impact fee under the agreement to the City.
D.
A finding that an ME facility is conducting an ME use for which it
has not obtained a license or approved by the special permit granting
authority.
E.
The expiration or termination of the applicant's registration
by MDPH or CCC.
F.
The permit holder's cession of operations of the ME.
181.6482.
A special permit or site plan approval may be modified by the
Planning Board after public hearing. No modification is permitted
for a change of location; a special permit holder must submit a new
application for a change in location. If the registration for a ME
has expired or has been revoked or transferred to another controlling
entity, a new special permit shall be required prior to issuance of
a certificate of occupancy. Any changes in the application materials
from the original materials must be submitted with a request for modification.
No transfer of ownership, except a transfer to an affiliated entity,
shall be permitted for two years after the date of approval of the
special permit or site plan review unless required due to the death
or disability of an owner. If the special permit holder requests approval
of a transfer of ownership, then the holder must submit proof:
A.
That the new owner will operate the ME in accordance with the terms
of the special permit, as shown by evidence of moral character and
other substantial evidence; and
B.
That all amounts due under the host community agreement have been
timely paid and no taxes, fines, penalties, fees, or other charges
due to the City are currently unpaid.
To promote the creation and operation of small-scale manufacturing
and food and beverage production operations that can operate in a
synergistic or otherwise nondisruptive fashion in nonindustrial areas,
enabling increased economic versatility and productive use of otherwise
under utilized spaces. Such operations may include, but are not limited
to, textiles, hardware, woodworking, metalworking, 3D printing, or
craft brewing and baking.
181.6521.
Artisan and food and beverage manufacturing means the manufacturing
of finished products or parts including processing, fabrication, assembly,
treatment, and packaging of such products and parts, and incidental
storage, sales, and distribution, where all manufacturing processes
and noise, smoke, heat, glare, vibration, and odor resulting from
the manufacturing processes are contained entirely within a building
or not detectable beyond the property boundary. Brewing, baking, and
other cooking processes are exempt from the odor provision but subject
to all other standards in this section.
181.6523.
There shall be no outside storage or unenclosed disposal of
materials.
The purpose of this section is to provide for the creation of
new large scale ground-mounted solar photovoltaic installations by
providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations that address
public safety, minimize impacts on scenic, natural and historic resources,
and to provide adequate financial assurance for the eventual decommissioning
of such installations. The provisions set forth in this section shall
apply to the construction, operation, and/or repair of large scale
ground-mounted solar photovoltaic installations.
This section applies to large scale ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this section. This section also pertains to physical modifications
that materially alter the type, configuration, or size of these installations
or related equipment.
Large scale ground-mounted solar photovoltaic facilities may be constructed as set forth in Section 181.313, Table of Principal Uses, subject to the requirements set forth herein, upon the issuance of a special permit and site plan approval by the Planning Board, pursuant to Sections 181.94 and 181.95. The following requirements shall apply:
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all large scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
B.
Building permit and building inspection. No large scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this section without first obtaining appropriate permits.
C.
Fees. The application for a building permit for a large scale solar
photovoltaic installation must be accompanied by the fee required
for a building permit.
D.
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
Pursuant to the special permit and site plan review process,
the project proponent shall include the following information and
plans, unless otherwise waived by the Planning Board after consideration
and approval of a written request of the applicant:
A.
A site plan conforming to the requirements of Section 181.955 and showing:
(1)
Property lines and physical features, including roads for the
project site; and location of structures and residences within 300
feet of the property lines.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, security fencing, screening
vegetation or structures.
(3)
Blueprints or drawings of the solar photovoltaic installation
signed by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures.
(4)
One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices.
(5)
Documentation of the major system components to be used, including
the PV panels, mounting system, battery storage, and inverter.
(6)
Name, address, and contact information for proposed system installer,
if not available at the time of application prior to issuance of building
permit.
(7)
Name, address, phone number and signature of the project proponent,
as well as all coproponents or property owners, if any.
(8)
The name, contact information and signature of any agents representing
the project proponent.
B.
Documentation of actual or prospective access and control of the
project site [see also Subsection 181.664(G)].
C.
An operation and maintenance plan.
D.
Zoning district designation for the parcel(s) of land comprising
the project site [submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose].
E.
Proof of liability insurance.
F.
Description of financial surety that satisfies Subsection 181.6673(E).
G.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation. Fencing along the site's perimeter shall be provided
to control access to a large scale ground-mounted solar photovoltaic
facility in order to prevent access to the facility. The fencing shall
be compatible with the character of the City and shall not consist
of barbed wire or razor wire.
H.
The project proponent shall submit a plan for the operation and maintenance
of the large scale ground-mounted solar photovoltaic installation,
which shall include measures for maintaining safe access to the installation,
stormwater controls, as well as general procedures for operational
maintenance of the installation.
I.
Utility notification. No large scale ground-mounted solar photovoltaic
installation shall be constructed until evidence has been given to
the Planning Board that the local electric utility has been informed
of the solar photovoltaic installation owner or operator's intent
to install an interconnected customer-owned generator. Off-grid systems
less than 250 kW shall be exempt from this requirement. The Building
Commissioner may issue a permit only if the large scale ground-mounted
solar photovoltaic device complies with this section.
J.
Execution of a PILOT agreement with the City of Fitchburg prior to
operation of the facility, as applicable.
The Planning Board may waive the requirements of Section 181.664 as it deems appropriate. The Planning Board may waive the setback requirements of Section 181.666 if the Board determines that such a waiver does not derogate from the intent of this section and is in the public interest; provided, however, that no such setback waiver shall be granted in the Rural Residential District.
181.6661.
Setbacks. For large scale ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
A.
Front yard. The front yard depth shall be at least 50 feet.
B.
Side yard. Each side yard shall have a depth at least 100 feet.
C.
Rear yard. The rear yard depth shall be at least 100 feet.
D.
Appurtenant Structures. All appurtenant structures shall be subject
to reasonable regulations concerning the bulk and height of structures,
lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including, but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. Whenever reasonable,
structures should be shaded from view by vegetation and/or joined
or clustered to avoid adverse visual or noise impacts.
181.6671.
Design Standards.
A.
Lighting. Lighting of solar photovoltaic installations shall be consistent
with dark sky requirements and local, state and federal law. Lighting
of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety, security, and operational
purposes, and shall be reasonably shielded from abutting properties.
Lighting of the solar photovoltaic installation shall be directed
downward and shall incorporate full cutoff fixtures to reduce light
pollution.
B.
Signage. Signs on large scale ground-mounted solar photovoltaic installations shall comply with Section 181.53 of this chapter. A sign consistent with Section 181.53 of this chapter shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
C.
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the solar
photovoltaic installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements
of the electric utility. If an existing aboveground connection solution
already exists, however, this can be used if it meets the requirements
of the electric utility. Electrical transformers for utility interconnections
may be aboveground if required by the electric utility.
D.
Stormwater management. Calculations of storm drainage to demonstrate
and assure compliance with the requirements of all applicable federal,
state and local regulations and guidelines including, but not limited
to, the Department of Environmental Protection Stormwater Management
Policy, as it may be amended, must be provided for any large scale
solar photovoltaic installation.
E.
Noise. Documentation shall be provided demonstrating the solar photovoltaic
installation and appurtenant structures and equipment conform with
the provisions of the Massachusetts Department of Environmental Protection
(DEP) Division of Air Quality Noise Regulations (310 CMR 7.10) as
most recently amended.
F.
Visual Impact. Reasonable efforts shall be made to minimize visual
impacts by preserving natural vegetation, screening abutting properties,
or other appropriate measures as determined by the Planning Board.
Landscaping shall be provided and maintained by the owner. Residential
uses shall be screened from the solar photovoltaic system by means
of fencing, plantings and/or maintenance of trees of a species hardy
to the area and appropriate for screening, spaced to minimize visual
intrusion, and providing an opaque year-round visual buffer between
uses.
181.6672.
Safety and Environmental Standards.
A.
Emergency services. The large scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the local Fire Chief and electric utility.
Upon request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the solar photovoltaic installation shall be clearly marked.
The owner or operator shall identify a responsible person for public
inquiries throughout the life of the installation.
B.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws. Unreasonable land clearing, as determined
by the Planning Board, is prohibited.
C.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large scale
ground-mounted solar photovoltaic installation owner or operator shall
maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, stormwater management,
landscaping and integrity of security measures. Site access shall
be maintained to a level acceptable to the local Fire Chief and emergency
medical services. The owner or operator shall be responsible for the
cost of maintaining the solar photovoltaic installation and any access
road(s), unless accepted as a public way.
(2)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board and the electric utility.
181.6673.
Abandonment or Decommissioning; Removal Requirements. Any large
scale ground-mounted solar photovoltaic installation which has reached
the end of its useful life or has been abandoned consistent with Subsection
181.6673(D) shall be removed. The owner or operator shall physically
remove the installation no more than 150 days after the date of discontinued
operations. The owner or operator shall notify the Planning Board
by certified mail of the proposed date of discontinued operations
and plans for removal. Decommissioning shall consist of:
A.
Physical removal of all large scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
B.
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
C.
Stabilization or revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
D.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Planning
Board. If the owner or operator of the large scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the City may
enter the property and physically remove the installation.
E.
Financial surety. Proponents of large scale ground-mounted solar
photovoltaic projects shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the City must remove the installation and remediate the
landscape, in an amount and form determined to be reasonable by the
Planning Board, but in no event to exceed more than 125% of the cost
of removal and compliance with the additional requirements set forth
herein, as determined by an independent consultant retained by the
City at the expense of the project proponent. Such surety will not
be required for municipally or state-owned facilities. The surety
amount shall be based on a fully inclusive estimate of the costs associated
with removal, prepared by such an independent consultant. The amount
shall include a mechanism for calculating increased removal costs
due to inflation.
The Planning Board may grant a special permit for a large scale
ground mounted solar facility where it makes the following findings:
181.6681.
The proponent has demonstrated the project reflects every reasonable
effort to minimize the volume of cut and fill, the number of removed
trees six-inch caliper or larger, the length of removed stone walls,
the area of wetland vegetation displaced, the extent of stormwater
flow increase from the site, soil erosion, and threat of air and water
pollution.
181.6682.
The proposed project promotes pedestrian and vehicular safety
both on the site and egressing from it.
181.6683.
The proposed project does not create adverse visual impacts
from publicly accessible locations.
181.6684.
Visual intrusions have been satisfactorily mitigated by controlling
the visibility of the area viewed from public ways or premises residentially
used or zoned.
181.6685.
Noise from operation shall conform with the provisions of the
Massachusetts Department of Environmental Protection (DEP) Division
of Air Quality Noise Regulations (310 CMR 7.10) as most recently amended.
181.6686.
The proponent has demonstrated that proposed land clearing,
disturbance of natural vegetation, and loss of habitat is limited
only to what is necessary for the construction, operation and maintenance
of the large scale ground-mounted solar photovoltaic installation.
181.6687.
The proposed project will comply with all relevant provisions
of this chapter.
181.6688.
The project, taken as a whole and with all mitigation efforts
accounted for, will not have an unreasonably detrimental effect on
the surrounding area.
To create a district to promote the adaptive reuse of Fitchburg's
historic mills, warehouses, brownfields and previously developed properties
while preserving the character of the property and nearby residential
and commercial neighborhoods.
These provisions are primarily intended to benefit properties
of the following types; provided, however, that the Zoning Map and
not this subsection shall be dispositive in determining whether a
parcel is within and subject to the provisions of the AI District:
A.
Mill or similar properties which lie vacant or underutilized due
to functional obsolescence;
B.
Properties whose floor plates and building layouts were driven by
the technology and business practices of the times and no longer serve
the needs for which they were originally intended;
C.
Properties with structures whose age has contributed to their physical
deterioration;
D.
Properties which preceded the adoption of zoning, and in which additions,
property improvements, and redevelopment have presented regulatory
challenges;
E.
Brownfield or previously developed properties whose redevelopment
presented regulatory challenges.
For the purposes of this section, these words and phrases have
the following definitions:
The reuse, conversion, or expansion of an existing mill or
other building, or portion thereof, or redevelopment of property,
to a use or uses in some combination determined by the Planning Board
to be consistent with the intent of this section and does not cause
significant detriment to the neighborhood pursuant to Section 181.6782.
Any use or combination of uses set forth in the Table of Principle Use Regulations, Section 181.313, or any accessory use or structure as the Planning Board may deem, in their sole discretion, as appropriate by special permit.
The owner of a property within the AI District may elect to
have the property governed by the provisions of the Industrial District
which shall be deemed the default zoning in the event the owner decides
to not utilize the provisions of this section. If a special permit
pursuant to this section is sought for an adaptive reuse project,
the provisions of this section shall supersede such requirements in
the default zoning or provide an alternative to such requirements.
Within the AI, an adaptive reuse project (ARP) may be constructed upon the issuance of a special permit pursuant to Section 181.94 by the Planning Board, and upon site plan approval pursuant to Section 181.95, subject to the requirements set forth herein. No other use or structures shall be permitted in conjunction with an ARP, except as specifically provided herein.
The Planning Board shall serve as the special permit granting authority pursuant to this section. The Planning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board's decision pursuant to this section. An application for a special permit shall be governed by the Planning Board's regulations and Section 181.94. In addition, the applicant shall submit:
181.6761.
Information pertaining to any organization which the applicant
proposes to form where the development is to be a condominium development,
including forms and plans to be used to organize and manage the same,
for approval as to form by the City Solicitor; and
181.6762.
Copies of all proposed covenants, easements, and other restrictions
which the applicant proposes to grant to the City, the Conservation
Commission, utility companies, any condominium organization and the
owners thereof, including plans of land to which they are intended
to apply, for approval as to form by City Solicitor.
In order to be eligible for consideration for a special permit
pursuant to this section, the proposed development shall meet all
the following standards:
181.6771.
Roadways. The principal roadway(s) within the site shall be
adequate for the intended use and vehicular traffic and shall be maintained
by an association of unit owners or by the applicant.
181.6772.
Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of Section 181.51 or other applicable provisions acceptable to the Planning Board.
181.6773.
Loading. Loading areas may be required by the Planning Board
where deemed necessary for the efficient operation of the ARP.
181.6774.
Utilities. All electric, gas, telephone, and water distribution
lines shall be placed underground, except upon a demonstration of
exceptional circumstances. The facility shall be served by the municipal
water and sewer system.
181.6775.
Expansion of Existing Buildings. Existing buildings within an
AI may be expanded in accordance with the following requirements:
181.6776.
New Buildings. Within the Adaptive Industrial District, new
buildings may be constructed in accordance with the following requirements:
The maximum number of dwelling units shall be established by
the Planning Board after reviewing the following criteria: existing
structures; proposed method and efficacy of wastewater disposal; availability
of public water; parking availability and proximity to public transit,
trip generation and traffic safety; character of the proposed ARP
and its relation to the surrounding neighborhood(s); character of
the existing buildings and the potential for reuse thereof.
181.6781.
Number of Bedrooms. The Planning Board may ensure the diversification
of dwelling units within an ARP by establishing the number of dwelling
units with one, two, or three bedrooms.
The Planning Board may grant a special permit for an ARP where
it makes the following findings:
181.6791.
The proposed ARP complies with the requirements of this section;
181.6792.
The proposed ARP does not cause substantial detriment to the
neighborhood after considering the following factors:
181.6793.
The Planning Board may impose conditions in the grant of any
special permit, including, but not limited to, the following:
A.
That all construction or infrastructure and improvements shall be
completed within a specific time period;
B.
That all aspects of the ARP, including authorized uses, building
occupancy, and intensity of use, shall remain in substantial conformance
with the plans and other documents submitted to the Planning Board
as part of the special permit proceeding unless modification of the
special permit for the ARP is authorized, after public hearing, by
the Planning Board;
C.
That a performance guarantee suitable to the Planning Board may be
required.
The purpose of this section is to promote farmers' markets
for connecting and mutually benefiting Massachusetts farmers, communities,
and shoppers while promoting and selling products grown and raised
by participating farmers.
181.6821.
Compliance with all laws. All farmers' markets and their
vendors shall comply with all federal, state, and local laws and regulations
relating to the operation, use, and enjoyment of the market premises.
181.6822.
Permits and licenses. All farmers' markets and their vendors
shall receive all required operating and health permits, and these
permits (or copies) shall be in the possession of the farmers'
market manager or the vendor, as applicable.
181.6823.
Acceptance of payment from food assistance programs is strongly
encouraged. For eligible goods or products sold, all farmers'
markets and their vendors shall accept all forms of payment, or shall
allow a legitimate and duly authorized third party to occupy space
within the farmers' market area to operate a redemption program,
by participants of federal, state, or local food assistance programs,
including, but not limited to, the Supplemental Nutrition Assistance
Program (SNAP); the Women, Infants, and Children (WIC) Farmers'
Market Nutrition Program; and the Senior Farmers' Market Nutrition
Program, all in a manner allowed by, and in conformance with, both
federal and state laws and regulations as those laws and regulations
may be amended from time to time.
181.6824.
Operating rules. All farmers' markets shall have an established
set of operating rules addressing the governance structure of the
farmers' market, hours of operation, maintenance and security
requirements and responsibilities; and a market manager.
181.6825.
Market Manager. All farmers' markets shall have a market
manager authorized to direct the operations of all vendors participating
in the market on the site of the market during all hours of operation.
181.6826.
Parking. All farmers' markets shall provide for a minimum
of one vehicle parking space for each vendor stall. Farmer's
markets located in the Downtown Business and Intown Business Districts
are exempt from this parking requirement.
181.6827.
Waste. All farmers' markets shall arrange for waste removal
in accordance with all applicable Fitchburg Codes. The farmers'
market manager is responsible for ensuring that the site is restored
to a neat condition by no later than the end of the farmers'
market day.
181.6828.
Temporary facilities. Farmers' market facilities are designed
to be temporary in nature and use the existing parking and infrastructure
of the site. The use of any permanent open-air structures or other
permanent facilities shall be subject to site plan review by the Planning
Board.
181.6829.
Food permits. Farmer's market vendors that sell food products
and processed foods shall be licensed as a retail food operation and
inspected by the local Board of Health (LBOH) in accordance with Massachusetts
Regulation 105 CMR 590.000, Minimum Sanitation Standards for Food
Establishments.
Earth removal shall be permitted only upon grant of a special permit in accordance with Section 181.94 from the Planning Board.
The following conditions shall be met prior to issuance of any
special permit under this section:
181.6921.
The application shall be accompanied by a plan showing existing
grades in the area from which the above material is to be removed,
and in surrounding areas, together with the proposed finished grades
at the conclusion of the operation, and the proposed cover vegetation
and trees. Plans should also include provisions for construction phase
and post-construction stormwater management and indicate temporary
and permanent slope stabilization measures that will be used.
181.6922.
A performance bond in an amount determined by the City Engineer
shall be posted in the name of the City assuring satisfactory performance
in the fulfillment of the requirements of this chapter and such other
conditions as the Planning Board may impose as conditions to the issuance
of its permit in the interests of safeguarding the district and the
City against injury, the future use of the land after operations are
completed, or to control the transportation of such material through
the City. Upon failure to comply and forfeiture of the bond, monies
therefrom shall be utilized by the town for the purpose of fulfilling
these requirements.
181.6923.
The Planning Board shall give due consideration to the location
of the proposed earth removal, to the general character of the neighborhood
surrounding such location, and to the general safety of the public
on the public ways in the vicinity.
Removal operations shall be subject to the following conditions.
181.6931.
Removal shall not take place on any grade less than one foot
above the grade level of any adjacent street or way, or below a level
that would reasonably be considered a desirable grade for the later
development of the area or below the grades specified on the plan
accompanying the permit application.
181.6932.
During removal operations, no slope shall exceed one foot vertical
rise to two feet horizontal distance or the natural angle of repose
of the material in a dry state, whichever is the lower, except in
ledge rock.
181.6933.
Provision shall be made for safe drainage of water and for prevention
of wind or water erosion carrying material onto adjoining properties
or protected resources areas.
181.6934.
Soil shall not be disturbed within 100 feet of the boundaries
of the premises, excepting at the conclusion of operations if required
in order to improve the overall grading.
181.6935.
Earth removal activities conducted in the Water Resource Protection Overlay District (WRPOD) shall comply with additional requirements set forth in Section 181.81.
181.6936.
Earth removal activities shall comply with City of Fitchburg Code Chapter 154, Stormwater Management, and applicable provisions of the Massachusetts Department of Environmental Protection Stormwater Management Policy Handbook Volume I & Stormwater Technical Handbook Volume II, and all other applicable stormwater regulations. Site drainage designs must be approved by the City Engineer.
Forthwith following the expiration or withdrawal of a permit,
or upon voluntary cessation of operation, or upon completion of removal
in a substantial area, that entire area shall be restored to reasonable
condition for the uses allowed in the zoning district in which the
land is located as follows:
181.6941.
All land shall be so graded that no slope exceeds one foot vertical
rise in three feet horizontal distance and shall be so graded as to
safely provide for drainage without erosion.
181.6942.
All boulders larger than 1/2 cubic yard shall be removed or
buried.
181.6943.
The entire area excepting exposed ledge rock shall be covered
with not less than four inches of good quality loam, which shall be
planted with cover vegetation adequate to prevent soil erosion using
either grasses or ground cover, depending upon conditions.
181.6944.
Bond shall not be released until sufficient time has lapsed
to ascertain that the vegetation planted has successfully been established
and that drainage is satisfactory.
181.6945.
Additional Conditions. The Planning Board may set conditions
in addition to the above before issuance of a permit, including but
not limited to, duration of the permit, hours of the day during which
removal may be permitted, hours during which vehicles may be permitted
to leave the premises, trees to be planted, and the use of covers
on loaded vehicles.
181.6946.
Renewal or Revocation of Permit. A permit may be renewed only upon application and following a public hearing. Prior to renewal, inspection of the premises shall be made by the Building Commissioner to determine that the provisions of this bylaw are being complied with. The Planning Board, after hearing and proof of violation of the conditions of the agreement, of the permit, or of this bylaw, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with Section 181.694.
