The Water Resource Protection Overlay District (WRPOD) is adopted
pursuant to authority provided by MGL c. 40A and the Home Rule Amendment,
Article 89 of the Amendments to the Constitution of the Commonwealth.
The purpose of the WRPOD is:
181.8111.
To promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses;
181.8112.
To preserve and protect existing and potential sources of drinking
water supplies;
181.8113.
To conserve the natural resources of the City; and
181.8114.
To prevent temporary and permanent contamination of the environment.
For the purposes of this section, these words and phrases have
the following definitions:
Geologic formation composed of rock, sand, or gravel that
contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained,
or operated for storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts, as defined
in MGL c. 140B, § 1.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use, or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, as defined in MGL c. 128, § 64.
Sodium chloride, chemically treated abrasives, or other chemicals
used for snow and ice removal.
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual or potential hazard to
water supplies or other hazards to human health if such substance
or mixture were discharged to land or water. Hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis,
and all substances defined as toxic or hazardous under MGL c. 21C
and 21E and 310 CMR 30.00, and also includes such products as solvents
and thinners in quantities greater than normal household use.
Material or structure on, above, or below the ground that
does not allow precipitation to penetrate directly into the soil.
A facility or part of a facility for solid waste disposal
(excluding transfer facilities) established in accordance with the
provisions of 310 CMR 19.006.
Any water-carried putrescible waste resulting from the discharge
of water closets, laundry tubs, washing machines, sinks, showers,
dishwashers, or any other source.
Any manipulated substance or mixture of substances whose
primary function is to modify the physical structure of soils so as
to favorably influence plant growth, except unmanipulated animal and
vegetable manures, marl, lime, limestone, wood ashes, and gypsum,
as defined in MGL c. 128, § 64.
Use of land to store sludge or septage as those terms are
defined in 310 CMR 32.00.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping, transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage or disposal,
all as defined and regulated by 314 CMR 5.00.
That area of land from which surface water and groundwater
drain into the City's drinking water supply reservoirs.
The WRPOD is herein established as an overlay district. The
WRPOD is described on a map entitled "City of Fitchburg Zoning Map,
Adopted July 17, 2001," with district boundary lines prepared by the
Department of Community Development. All maps are hereby made a part
of this chapter and are on file in the office of the City Clerk.
181.8131.
Boundary Disputes. Where the bounds of the WRPOD are in dispute,
as delineated on the Zoning Map, the burden of proof shall be upon
the owners of the land in question to show where they should properly
be located. Resolution of boundary disputes shall be through a special
permit application to the Planning Board. The applicant shall provide
information in substantial conformance with the criteria set forth
in 310 CMR 22.00 for the delineation of "Zone III," as administered
by the Massachusetts Department of Environmental Protection, to show
where the boundary should properly be located.
181.8132.
The Planning Board shall not grant a special permit under this
section unless the applicant demonstrates that the provisions governing
the WRPOD may be waived without detrimental effect to water quality
as specified herein.
The WRPOD are overlay districts superimposed over the underlying
districts set forth in this chapter. Within a WRPOD, the requirements
of the underlying district continue to apply, except where the requirements
of the WRPOD are more stringent. Uses are prohibited where indicated
by "N" in the following schedule and require a special permit from
the Planning Board where indicated by "SP," even where the underlying
district requirements are more permissive. Uses permitted are indicated
by "Y." Where a portion of the lot is located partially within WRPOD
and partially outside the WRPOD, site design shall, to the extent
feasible, locate potential pollution sources outside the WRPOD boundaries.
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1. Principal Uses
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WRPOD
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A.
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Manufacture, use, storage, transport, or disposal of hazardous
materials as a principal activity
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N
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B.
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Landfills and open dumps
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N
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C.
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Automobile graveyards and junkyards
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N
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D.
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Wastewater treatment works for nonsanitary wastewaters that
are subject to 314 CMR 5.00, including privately owned facilities,
except the following: replacement or repair of existing system(s)
that will not result in a design capacity greater than the design
capacity of the existing system(s)
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SP
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E.
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Wastewater treatment works for sanitary wastewaters that are
subject to 314 CMR 5.00, including privately owned facilities
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SP
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F.
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Landfilling of sludge and septage
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N
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G.
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Storage of sludge and septage
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SP
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H.
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Road salt stockpile or storage of other deicing chemicals in
the following manner:
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1)
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Outside a structure
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N
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2)
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Within a structure designed to prevent the generation and escape
of contaminated runoff or leachate
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SP
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I.
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Motor vehicle service station, motor vehicle repair or body
shop, marine repair shop, car wash
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SP
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J.
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Earth removal; provided, however, that no earth removal shall
take place within 6 feet of historical high groundwater as determined
from monitoring wells and historical table fluctuation data compiled
by the USGS, except for excavations for building foundations, roads
or utility works, unless the substances removed are redeposited within
45 days of removal to achieve a final grading greater than 6 feet
above the historical high groundwater mark
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SP
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K.
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Any building, structure, or use, other than single family dwelling
with accessory structures and uses, to be served by on-site wastewater
disposal system with a design capacity of greater than 10,000 gallons
per day
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SP
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2. Accessory Uses
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A.
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Underground storage of hazardous materials, including fuel oil
and gasoline
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SP
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B.
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Aboveground storage of hazardous materials in quantities greater
than associated with normal household use, other than fuel oil for
residential heating purposes
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SP
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C.
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Any use generating hazardous wastes in quantities greater than
associated with normal household use, except the following, which
are permitted by right
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SP
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1)
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Very small quantity generators, as defined by 310 CMR 30.00
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2)
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Household hazardous waste collection centers or events operated
pursuant to 310 CMR 30.390
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3)
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Waste oil retention facilities required by MGL c. 21, § 52A
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4)
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Treatment works approved by the DEP for treatment of contaminated
ground or surface waters
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D.
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Storage of animal manure; such storage must be within an enclosed
building or contained in accordance with the specifications of the
U.S. Soil Conservation Service
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Y
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E.
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Storage of commercial fertilizers and soil conditioners; such
storage must be within a structure designed to prevent the generation
and escape of contaminated runoff or leachate
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Y
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3. Other Uses
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A.
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Rendering impervious more than 15% of the lot or 2,500 square
feet, whichever is greater, excluding operations associated with the
construction or occupancy of a single-family dwelling
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SP
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B.
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Stockpiling and disposal of snow and ice containing deicing
chemicals if brought in from outside the district
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SP
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C.
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Industrial and commercial uses which discharge process wastewater
on-site
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SP
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The special permit granting authority (SPGA) for this section shall be the Planning Board. Such special permit may be granted if the SPGA determines that the intent of this section as well as the specific criteria herein are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed. Any special permit required hereunder shall be in addition to, and separate from, any other special permit required under this chapter. An application for a special permit under this section shall be governed by the Planning Board's regulations and Section 181.94. In addition, the applicant shall submit, unless waived or modified by the SPGA, with reasons therefor, the following:
181.8151.
A narrative statement detailing all of the information set forth
below, if applicable:
A.
A complete list of all chemicals, pesticides, fuels, or other potentially
hazardous materials, including but not limited to road salt or deicing
chemicals, manure, and fertilizers or soil conditioners, to be used
or stored on the premises in quantities greater than associated with
normal household use, accompanied by a description of the measures
proposed to protect all storage containers from vandalism, corrosion,
and leakage, and to provide for control of spills.
B.
A description of all potentially hazardous wastes to be generated
in quantities greater than associated with normal household use, accompanied
by a description of the measures proposed to protect all waste storage
containers from vandalism, corrosion, and leakage, and to provide
for control of spills.
C.
For underground or aboveground storage of hazardous materials, certification
by a registered professional engineer that such storage facilities
or containers are i) in compliance with all applicable federal or
state regulations, ii) in compliance with design specifications, as
prepared by a registered professional engineer, and iii) are designed
with secondary containment adequate to contain a spill the size of
the container's total storage capacity.
D.
For any proposed activity on a lot which will render more than 15%
of the total lot area or more than 2,500 square feet impervious a
system for groundwater recharge must be provided that does not degrade
groundwater quality by stormwater infiltration basins or similar system
covered with natural vegetation. Dry wells shall be used only where
other methods are infeasible. Such basins and wells shall be preceded
by oil, grease and sediment traps to facilitate removal of contaminants.
E.
For stockpiling or disposal of snow from outside the district, earth
removal, storage of sludge or septage, manure storage, treatment works,
and/or discharge or process wastewater, a narrative statement, prepared
by a registered professional engineer, assessing the impacts, if any,
of the proposed activity on groundwater and surface water quality
on the premises, adjacent to the premises, and on any wellfield(s)
down gradient from the proposed activity or use, accompanied by a
description of the measures proposed to protect such wellfields.
Special permits shall be granted only if the SPGA determines,
after reviewing the recommendations of the reviewing parties delineated
herein, that groundwater quality resulting from on-site wastewater
disposal or other operations on-site shall not fall below the more
restrictive of federal or state standards for drinking water or, if
existing groundwater quality is already below those standards, on-site
disposal or operations shall result in no further deterioration.
The minimum lot size in the WRPOD shall be three acres and the
minimum frontage shall be 300 feet, except that with respect to land
that remains in the same record ownership as of the adoption of this
section (September 21, 2005), one additional lot may be created at
any time in accordance with the lot area and frontage requirements
for the underlying zoning district in effect on the date this provision
was adopted. This section is in addition to and not in derogation
of any other rights under applicable zoning laws.
A Planned Development District (PDD) is encouraged in order
to promote various types of land uses which can be combined in a compatible
relationship with each other as part of a totally planned development.
It is the intent of this provision to ensure compliance with the master
plan and good zoning practices, while allowing certain desirable combinations
of uses and structures, not otherwise available, in a distinct district.
A Planned Development District does not have predetermined standards
for development, but are proposed by the developer (with input from
the City staff) to serve as guidelines for the development of a particular
location. The intent of this district is also to insure that what
is presented at the time of a Planned Development District zoning
amendment is what is actually constructed.
A Planned Development District may be composed of commercial,
industrial, residential, open space, or other uses, alone or in combination.
A Planned Development District requires a rezoning amendment to the
Fitchburg Zoning Ordinance. The minimum lot size for a PDD is two
acres.
A Planned Development District requires an amendment to the
Fitchburg Zoning Ordinance and Zoning Map. Applicants for PDD are
requested to observe the following procedures in order to promote
review of the proposed amendment and to facilitate public-private
cooperation in the establishment of the PDD:
181.8231.
Preapplication Review. Applicants are strongly encouraged to
schedule a preapplication review with the Planning Board and its staff.
Preapplication review should precede the preparation of detailed plans
or specifications.
181.8232.
Concept Plan. The applicant should prepare a concept plan for the PDD preapplication review with the Planning Board and its staff. The concept plan should be prepared using the requirements of Section 181.94, herein, as a guide to contents and specifications. Documents recommended for the preapplication review include, but are not limited to, an existing conditions plan of subject properties, a project description (either in narrative or sketch form), a listing of proposed uses to be permitted or allowed by special permit, which may be a narrative describing the type and character of uses and/or a listing, by cross reference, of uses to be permitted as they appear in Section 181.313, Table of Principal Use Regulations. An explanation of why existing zoning districts do not meet the needs of the proposal shall also be submitted. The concept plan will serve as a preliminary site development plan, which will govern the development standards and uses for that particular location.
181.8233.
Informal Public Workshop. When the applicant and the Planning
Board have arrived at a mutually agreed upon concept plan, an informal
public workshop(s) should be conducted to inform the neighborhood
and the City of the proposal, and the concept plan should be adjusted,
if necessary, based upon public comments.
181.8234.
Statutory Requirements. The zoning amendment must thereafter
be processed in accordance with MGL c. 40A, § 5.
181.8235.
Submission Requirements for a PDD Rezoning.
A.
The application for a PDD rezoning shall include a development proposal
which consists of the following four requirements and detailed in
the PD Rules and Regulations. All materials shall be submitted in
both hard copy and electronic format.
B.
PDD rezoning applications can be obtained from the Community Development
Department.
C.
No use is permitted and no development may occur in a PDD except
in conformity with the preliminary site development plan approved
by the City Council.
D.
The City Council, in considering the zoning amendment and concept
plan may permit, as an allowable use, manufactured homes in a PDD
residential community where occupancy of the units is restricted to
persons 55 years of age or older.
181.8236.
Submission Fee. The Planning Board shall specify submission
fees for a PDD rezoning in the PD District Rules and Regulations.
The required fee shall be submitted with the PD rezoning application
to the Planning Board.
181.8237.
Development plan (site plan).
A.
A development plan shall include the following, at a scale of no
smaller than 1:40, unless otherwise noted, containing all of the following
proposed site construction information:
(1)
Location of buildings; number of stories, approximate floor
area and maximum height of each building; the distance in feet between
buildings.
(2)
Existing and proposed contours.
(3)
Proposed lot lines.
(4)
Grading and landscaping.
(5)
Location and dimensions of drives and parking areas.
(6)
Location and characteristics of any common open space or usable
open space.
(7)
Proposed drainage system.
(8)
Proposed landscaping.
(9)
Building elevations.
(10)
Building envelope.
B.
A table within the plan set containing all of the following information:
(1)
Total land area (square feet).
(2)
Building envelope (square feet and percentage of the total land
area).
(3)
Common and open space, if any (square feet and percentage of
the total land area).
(4)
Site coverage of buildings (square feet and percentage of the
total land area).
(5)
Impervious surface area (square feet and percentage of the total
land area).
(6)
Pervious surface area (square feet and percentage of the total
land area).
(7)
Gross floor area of all nonresidential buildings.
(8)
Floor area ratio, if applicable.
(9)
Density of dwelling units, or their equivalent, if applicable.
(10)
Number of off-street parking spaces and, if applicable, loading
bays.
C.
A locus-context map of all land within 500 feet of any part of the
proposed PDD containing all of the following information (the scale
on this map may be no smaller than 1:600):
(1)
All dwellings and principal buildings.
(2)
Land use of each lot.
(3)
Lot and right-of-way lines.
(4)
Existing contours at two-foot intervals.
(5)
Principal natural features in general, including but not limited
to significant rock outcroppings, water systems (including standing
surface water, brooks or streams, the direction of drainage, wetlands,
and the 100-year flood elevation).
(6)
Significant vegetation, including, but not limited to mature
trees, unique specimens of vegetation, and vegetation that indicates
wetlands.
(7)
Zoning district boundaries. Recorded easements on the proposed
PDD and within the 500-foot limit.
(8)
Public facilities, including, but not limited to, conservation
or recreation land, footpaths, bicycle paths, and streets.
(9)
Significant noise/visual impact, including, but not limited
to, views from the site and sources of noise affecting the site.
(10)
Historically or architecturally significant structures and sites
on or adjacent to the proposed PDD.
(11)
Areas of known contamination and a delineation of the disposal
site area within 500 feet.
D.
A property rights and dimensional standards plan containing the following
information:
(1)
The location of existing easements or other property rights
affecting the proposed development.
(2)
The approximate locations of any sections of the land to which
the City would be granted property rights, either easements or transfer
of ownership for street, utility, conservation or other purposes.
(3)
The anticipated division of the property into parcels in private
ownership, if any, if it affects zoning provisions.
(4)
The yard setback in feet for buildings and parking lots from
lot lines and, where applicable, a zoning district boundary, a brook
or a pond.
(5)
The boundaries of any common open space or usable open space.
E.
A utilities analysis showing:
(1)
The location and size of the City's existing water mains,
fire hydrants, sanitary sewers, and storm drains.
(2)
The proposed locations and the approximate size of utilities
to be constructed on the site and their proposed connections to the
City's utilities, and any special features, such as culverts
or pumping stations, that might affect the ability of the City to
service the development.
F.
An existing conditions plan.
181.8238.
Zoning Amendment. The finalized Development Plan provides the
basis for the text of the zoning amendment. The Planning Board and
the Community Development Department and City Solicitor staff shall
prepare the text of the amendment and locate the new district on the
Zoning Map.
181.8239.
City Council Action.
A.
No use is permitted and no development may occur in a PDD except
in conformity with the development plan approved by the City Council.
B.
The City Council, in considering the zoning amendment and concept
plan may permit, as an allowable use, manufactured homes in a PDD
residential community where the units are restricted to persons 55
years of age or older.
181.8241.
Changes in Uses or Site Development Plan. Changes in uses or
substantial changes in the site development plan approved by City
Council may be made only after approval by City Council of a new preliminary
site development plan according to the procedures used for a zoning
amendment, followed by the issuance of a special permit based on the
new approved plan.
181.8242.
Special Permit Required. The Planning Board may grant a special
permit with site plan review for a Planned Development subject to
the following provisions:
A.
The Planning Board makes a determination that the development conforms substantially to the preliminary site development plan approved by the City Council and is consistent with the considerations set forth in Section 181.821;
B.
The special permit incorporates, by reference, the definitive site
development plan filed with the special permit application;
C.
The special permit may allow any or all of the uses specified in
the plan approved by City Council but no others;
D.
The Planning Board may, in its discretion, permit revisions from
the preliminary site development and use plan approved by the City
Council provided they do not conflict with the provisions of the text
of such plan. Such revisions shall generally be limited to the location
of the building(s) and changes in the site plan;
E.
The special permit shall require that any land designated as common
open space on the approved plan shall be either conveyed to the City
or protected by an easement granted to the City; and
F.
The special permit may contain such additional conditions as the
Planning Board finds will serve the public interest.
181.8243.
Denial of Special Permit. The Planning Board may deny an application
for a Planned Development special permit and base its denial upon
a finding that the proposed development does not conform substantially
to the plans for the commercial or residential development of the
tract as approved by the City Council.
181.8244.
Revision of Special Permit. Subsequent to a special permit granted by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, ordinances, and regulations, but the commercial or residential development approved under such special permit shall otherwise be in accordance with the application for the special permit, except as modified by the decision of the Planning Board. The developer shall notify the Planning Board in advance of any such revision which shall not be effective until approved by vote of the Board. If the Planning Board determines such revisions not to be minor, it shall order that an application for a revised special permit be filed, and a public hearing held in the same manner as set forth in Section 181.94.
The City designates Priority Development Sites (PDS) to encourage
the redevelopment of the sites by providing expedited permitting processes
pursuant to MGL c. 43D. This section shall be construed and interpreted
to be consistent with MGL c. 43D and the regulations promulgated thereunder.
Any terms used in this section shall have the meaning defined in MGL
c. 43D.
The Priority Development Sites are located as follows, as shown
on the Zoning Map:
All applications for development within a PDS, except applications
for building permits, definitive subdivision plans and plans submitted
under MGL c. 41, § 81P, as plans not requiring approval
(ANR), must be processed and approved within the specific timeframes
described in this section. If any deadline or date described in this
section falls on a Saturday, Sunday, legal holiday or during a state
of emergency declared by a public authority, the deadline will be
computed to be the business day which occurs immediately following
that Saturday, Sunday, legal holiday or publicly declared state of
emergency.
181.8331.
The application shall be filed with the appropriate permit granting
authority and the City Clerk subject to the rules, regulations and
requirements of that permit granting authority. The applicant shall
also file a complete copy of the application with the primary municipal
liaison, a person appointed by the Mayor without Council approval
who will coordinate all applications for the project.
181.8332.
The primary municipal liaison shall ensure that all relevant
local boards, commissions, officials, and other authorities have received
a copy of the application for review.
181.8333.
Within 20 business days after receiving the application, the
permit granting authority will determine whether the application is
complete, and will notify the applicant of its determination by certified
mail. If the permit granting authority determines the application
is complete, it will issue a certificate of completeness to the applicant
within this twenty-day period. If the permit granting authority fails
to mail the notice of Completeness within this twenty-day period,
the application will be deemed complete and the permit granting authority
will issue a certificate of completeness on request. If the permit
granting authority determines the application is incomplete, it will
notify the applicant in writing by certified mail a statement of the
reasons why the application is incomplete and inform the applicant
what information is necessary to complete the application. The resubmission
of a new application in response to the notice of incompleteness starts
a new twenty-business-day completeness review period.
181.8334.
The permit granting authority will complete the review of the
application and will render its decision on the application within
180 calendar days from the day after the issuing a certificate of
completeness. This period may be waived or extended only in the following
circumstances:
A.
For good cause shown, upon written request, and with the consent
of both the applicant and the permit granting authority.
B.
If, within the first 150 days after a certificate of completeness
has been issued, the permit granting authority determines that another
permit or additional review by another authority is required which
had not been previously identified by the municipal liaison, the time
limits may be extended as described in this subsection if the permit
granting authority notifies the applicant by certified mail immediately
upon the discovery of the need for the additional permit or review.
The time period will be extended by no more than 30 days from the
close of any public hearing or public comment period required by the
additional permit or review if one is required or, if no public hearing
or comment period applies, by 30 days from the original 180-day period.
The special permit granting authority will schedule any hearing or
comment period as quickly as publication allows.
C.
If, during the process, the application is modified to the degree
that the permit granting authority cannot make a decision on the application
within the original 180-day period or, if the applicant makes a substantial
change to the project for the purpose of public benefit, provided
that the permit granting authority makes a written request to the
Interagency Permitting Board established under MGL c. 23A, § 2,
or the Permitting Ombudsman and includes the reasons for the request
and the requested new timeframe. The Board or Ombudsman shall respond
with their determination on the request within 10 business days of
receipt of such request. If the permit granting authority does not
get a response within this time, the time will be extended until such
a response is received and then extended, in accordance with the response.
D.
The 180-day period will also be extended in cases if:
(1)
Action by another federal, state, or municipal government agency,
not subject to MGL c. 43D, is required before the permit granting
authority may reasonably act;
(2)
Pending judicial proceedings affect the ability of the permit
granting authority or the applicant to proceed with the application;
or
(3)
Enforcement proceedings that could result in revocation of an
existing permit for the project or denial of the application have
commenced.
In these cases, the 180 day clock shall resume when the reason
for the extension is no longer applicable. The permit granting authority
will notify the applicant and the City Clerk by certified mail of
the resumption of the process.
181.8335.
If an application to modify a permit or decision is filed, the
permit granting authority shall inform the applicant within 20 business
days after it receives the application whether the request is approved,
denied, if it requires additional information to make a decision,
or if the proposed modification is substantial enough to require additional
time and/or public hearings for review. In cases where additional
information is required, the permit granting authority shall have
an additional 20 business days after it receives the new information
within which to complete the review and issue their decision. In cases
where the proposed modification is substantial and/or requires a public
hearing, the permit granting authority shall make every reasonable
effort to complete the process in a timely manner to maintain the
integrity of the expedited permitting process.
181.8336.
Failure of the permit granting authority to take final action
on an application within the 180-day period, except as extended under
this section, shall be deemed a constructive grant of the relief or
approval requested by the applicant pursuant as set forth in MGL c.
43D. If this happens, the applicant may file, within the next 14 calendar
days, an affidavit together with a copy of the application in the
office of the City Clerk. The affidavit describe all of the facts
giving rise to the constructive grant or approval and shall state
that copies been mailed by certified mail to all parties to the proceedings
and all persons entitled to notice of hearing. This constructive grant
or approval shall not apply when:
A.
The permit granting authority has made a timely determination that
the application is incomplete and the applicant has not provided the
requested information within 90 calendar days, in which case the permit
granting authority shall notify the Interagency Permitting Board that
the permit process has been discontinued;
B.
The permit granting authority has determined that the application has undergone substantial modifications as referred to in Section 181.8335;
C.
The permit granting authority has determined the application contained
false or misleading information, in which case notice of said determination
shall be mailed by certified mail to the applicant and the Interagency
Permitting Board.
181.8337.
Appeals of the permit granting authority's decision or
from the constructive grant of approval shall be filed within 20 calendar
days after the last permitting decision related to the project has
been rendered or the conclusion of the 180 day period (or the extended
time period as applicable), whichever is later, as set forth in MGL
c. 43D.
181.8411.
Purposes. The purposes of the Smart Growth Zoning Districts
are:
A.
To establish zoning that will encourage smart growth in accordance
with the purposes of Chapter 40R of the General Laws.
B.
To provide an opportunity for residential development and to especially
encourage mixed-use development, including both new construction and
renovation of existing buildings, within a distinctive, attractive
and livable environment that supports the commercial revitalization
of Fitchburg.
C.
To promote continuing development and redevelopment in Fitchburg
that is pedestrian friendly and consistent with Fitchburg history
and architecture.
D.
To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Fitchburg and provides an environment with safety, convenience and
amenity.
E.
To provide for a diversified housing stock at a variety of costs
within walking distance of services and public transportation, including
affordable housing and other housing types that meet the needs of
the City's population.
F.
To generate positive tax revenue for the City, and to benefit from
the financial incentives provided by Chapter 40R of the Massachusetts
General Law, while providing the opportunity for new business growth
and additional local jobs.
G.
To encourage preservation and rehabilitation of historic structures
and buildings.
H.
To promote efficient use of land and existing parking supply and
limit the expansion of surface parking within the district by encouraging
shared parking.
I.
To encourage adoption of energy efficient building practices and
sustainable construction methods.
J.
To ensure compliance with the Massachusetts Department of Environmental
Protection stormwater management policies and practices.
181.8412.
ADMINISTERING OR MONITORING AGENT
ADMINISTRATIVE REGULATIONS or AA REGULATIONS
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
AFFORDABLE UNIT
ALLOWED USE
ANNUAL UPDATE
APPLICANT
APPROVING AUTHORITY or PLAN APPROVAL AUTHORITY (AA)
AREAWIDE MEDIAN INCOME
ARTIST LIVE/WORKSPACE
ARTIST STUDIO SPACE
A.
B.
C.
AS-OF-RIGHT or AS-OF-RIGHT DEVELOPMENT
CONDOMINIUM
CONSUMER SERVICES
DENSITY
DEPARTMENT (DHCD)
DESIGN STANDARDS
DEVELOPMENT PROJECT or PROJECT
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, THREE-FAMILY
DWELLING, TWO-FAMILY
ELIGIBLE HOUSEHOLD
FLOOR AREA
GOVERNING LAWS
INSTITUTIONAL USE
LOADING SPACE
MASTER PLAN
MIXED-USE DEVELOPMENT PROJECT
NON-RESIDENTIAL USE
PARKING, OFF-STREET
PLAN
PLAN APPROVAL
PLAN REVIEW
RESIDENTIAL PROJECT
RESIDENTIAL USE
SERVICE
SMART GROWTH ZONING DISTRICT (SGZD)
UNDERLYING ZONING
UNRESTRICTED UNIT
USE
Definitions. For purposes of this Section 181.84, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Governing Laws or as set forth in the AA Regulations. Where, for readability or other reasons, the terms defined in the AA Regulations or the Governing Laws appear without capitalization, such use shall nevertheless be presumed to have the same meaning as defined in the AA Regulations or the Governing Laws, as applicable, unless it is obvious from the context that the common law definition applies. Common law definitions shall apply to all other terms not defined in the AA Regulations or the Governing Laws, except that any terms not otherwise defined herein in the AA Regulations or Governing Laws but defined in Section 181.10 may apply to the extent such definitions are not in conflict with the purposes of Governing Laws. To the extent that there is any conflict between the definitions set forth herein or in the AA Regulations and those contained in the Governing Laws, the terms of the Governing Laws shall govern.
An entity designated by the Fitchburg Planning Board with the power to monitor and to enforce compliance with the provisions of this section related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the SGZD (see Section 181.8418).
Administrative rules and provisions relative to Plan Approval
that are adopted by the Planning Board pursuant to 40R[1] and applied to Projects in its capacity as the 40R Plan Approving Authority under Section 181.8418.181.8418. To the extent they are applied to Projects developed under this Section 181.84, such rules and regulations, project application form(s), any other application requirements, including the Rules & Regulations for Special Permits & Site Plan Review as revised October 8, 2013, and any subsequent amendments thereof must be approved by the Department of Housing and Community Development.
A Dwelling Unit required to be sold to an Eligible Household
per the requirements of this section.
Housing that is affordable to and occupied by Eligible Households.
The collective reference to Affordable Homeownership Units
and Affordable Rental Units.
A list of all approved and currently proposed Smart Growth
Districts within the City of Fitchburg and other associated information,
to be filed on or before July 31 of each year with the Massachusetts
Department of Housing and Community Development pursuant to Chapter
40R of the Massachusetts General Laws and applicable regulations [760
CMR 59.07(1)].
A landowner or other petitioner who files a plan for a Development
Project subject to the provisions of this section.
The Fitchburg Planning Board authorized under this section
to conduct the Plan Approval process for purposes of reviewing project
applications and issuing Plan Approval decisions within the SG district.
The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban
Development (HUD).
A building or any portion thereof containing units used by the occupant(s) therein for both residential use and Artist Studio Space. Retail sales of art supplies and/or art produced on-site that does not take place more than 20 hours per week will be an allowable accessory use. Such units shall not constitute bonus units and shall be subject to the limitations on nonresidential use contained in this Section 181.84, unless the applicable percentage of Affordable Units required under this section is applied proportionately to such units within a given project or such proportionality has been expressly waived in writing by DHCD for the project.
Space used for the creation, production, rehearsal or teaching
of any visual art or craft, including but not limited to painting,
drawing, graphic design, photography, video, film, sculpture, and
pottery; of written works of fiction or nonfiction; or of any performing
art, whether for live or recorded performance, including music, dance,
and theater, office of creative design professional (e.g., architect,
landscape architect, industrial designer), accessory sales of such
art, and other bona fide arts related uses. Activities must conform
to the following requirements:
The use, including storage of materials or products, shall be
carried on strictly within an enclosed building.
The production of offensive noise, vibration, smoke, dust or
other particulate matter, heat, humidity, glare, and other customary
potential impacts arising from such uses shall comply with applicable
law.
Retail sales of art produced on-site will be an allowable accessory
use.
A use or Development Project allowable under this Section
without recourse to a special permit, variance, zoning amendment,
or other form of zoning relief. A Development Project that is subject
to the Plan Review requirement of this section shall be considered
an As-of-Right Development.
A system of ownership of real estate, including commercial,
industrial, and attached and detached residential dwelling units,
established pursuant to the Condominium Act of the Commonwealth of
Massachusetts, Chapter 183A of the Massachusetts General Laws, in
which the apartments or dwelling units are individually owned and
the land and common areas are owned in common. A condominium is not
a use or a building type, rather it is a form of ownership that can
apply to any use or building type.
A barbershop, dry-cleaning or laundry establishment, photographer's
shop or studio or similar business where service is provided directly
on the premises.
The number of dwelling units per acre of land.
The Massachusetts Department of Housing and Community Development.
Provisions adopted in accordance with Section 181.843(L)
that shall be applicable to all Development Projects within the SGZD.
A Residential Project or Mixed-Use Development Project undertaken
under this section. A Development Project shall be identified as such
on the Plan which is submitted to the Plan Approving Authority for
Plan Review.
A unit within a building occupied exclusively as a residence
for one or more families, including artist live/work space.
A Dwelling containing four or more Dwelling Units.
A detached Dwelling containing only one Dwelling Unit.
A Dwelling containing only three Dwelling Units.
A Dwelling containing only two Dwelling Units.
An individual or household whose annual income is below 80%
of the Areawide Median Income as determined by the United States Department
of Housing and Urban Development (HUD), adjusted for household size,
with income computed using HUD's rules for attribution of income
to assets.
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
hallways that are part of a dwelling unit or inside a commercial building,
including habitable finished basements but excluding cellars or unfinished
basements.
MGL c. 40R and 760 CMR 59.00
A nonprofit or quasi-public use or institution, such as a
church, library, public or private school, municipally owned or operated
building, structure or land, used for public purpose.
Off-street space logically and conveniently located for bulk
pickups and deliveries by truck, scaled to delivery vehicles expected
to be used, and accessible to such vehicles when required off-street
parking spaces are filled. Required off-street loading space is not
to be included as off-street parking space in computation of required
off-street parking space.
The Fitchburg Master Plan, adopted by the Fitchburg Planning
Board, as amended.
A plan depicting a proposed Development Project for all or a portion of the SGZD and which is submitted to the Planning Board for its review and approval in accordance with the provisions of this Section 181.84.
The Planning Board's authorization, acting as the Plan
Approving Authority (AA) per the Governing Laws, for a proposed Development
Project based on a finding of compliance with this section and Design
Standards after the conduct of a Plan Review.
The review procedure established by this section and administered
by the Fitchburg Planning Board acting as AA.
A use within a building or part of a building containing
Dwelling Units as defined herein above and associated parking that
is accessory to the Dwelling Units.
The performance of any act for the benefit of another with
a view to profit or for a livelihood.
An overlay zoning district adopted pursuant to Chapter 40R
of the Massachusetts General Laws, in accordance with the procedures
for zoning adoption and amendment as set forth in Chapter 40A of the
Massachusetts General Laws, and approved by the Department of Housing
and Community Development pursuant to Chapter 40R of the Massachusetts
General Laws, and applicable regulations.
The zoning requirements adopted pursuant to Chapter 40A of
the Massachusetts General Law, that are otherwise applicable to the
geographic area in which the SGZD is located, as said requirements
may be amended from time to time.
A Dwelling Unit that is not an Affordable Unit.
The purpose for which land or a building or structure is
arranged, designed, intended or erected, or for which land or a building
or structure is or may be occupied.
[1]
Editor's Note: See Chapter 40R of the General Laws.
181.8413.
Scope and Authority. The Smart Growth Zoning District is established pursuant to the Governing Laws, and shall be deemed to overlay the parcels described in Section 181.844, and as more particularly shown on the Zoning Map of the City of Fitchburg, as amended. The Underlying Zoning shall remain in effect, and the Applicant shall have the option of applying for Plan Approval pursuant to the zoning controls set forth in this Section 181.84, or complying with all applicable zoning controls set forth in Chapter 181, Zoning, of the City of Fitchburg Code, for the underlying district(s) or for other overlay zoning that may be therein defined. Development Projects proceeding under this Section 181.84 shall be governed solely by the provisions of this Section 181.84 and shall be deemed exempt from the standards and/or procedures of the Underlying Zoning and other overlay provisions, including limitations upon the issuance of building permits for Residential Uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or Dwelling Unit limitations. To the extent that there is any conflict between the Governing Laws and this Section 181.84, inclusive of the AA Regulations and the Design Standards, the Governing Laws shall govern.
181.8414.
Performance Standards. All permitted uses must comply with the
following:
A.
Does not regularly emit noxious odors, or dust particles, or smoke,
or pose danger, such as manufacture of acids, gases, fertilizers and
glue, petroleum refining, reduction of animal matter, and manufacture
of cement, gypsum, or explosives, and which would not violate applicable
state and federal laws.
B.
Does not present a danger to persons within or outside the SGZD by
reason of emission of odor, fumes, gases, particulate matter, smoke,
noise, vibration, glare, radiation, electrical interference, threat
of fire or explosion, or any other reason in violation of applicable
state and federal laws.
C.
Development Projects proposed pursuant to Section 181.84 shall be subject to all other applicable local, state and federal regulation not applicable to zoning.
D.
All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
E.
Complies with Chapter 154, Stormwater Management, of the Fitchburg City Code,, regardless of the amount of area being disturbed. Until such time that the City of Fitchburg has qualified for one or more density bonus payments corresponding to a number of bonus units that is equal to or greater than the minimum number of incentive units associated with any zoning incentive payment received for a given SGZD established under this Section 181.84, any subsequent amendments to Stormwater Management Ordinance shall not apply to Development Projects in such SGZD until DHCD has received written notice of such amendment(s) and determined that such amendment(s) does not unduly restrict development within the such SGZD as per 760 CMR 59.02.
181.8415.
Mixed-Use Development. Development Projects may not include
more than 50% of the total gross floor area for Nonresidential Uses
including office, retail, restaurant, service or institutional uses
but excluding Artist Live/Workspace from such 50% requirement. Residential
units must generally be located above the first-floor but may be permitted
in first floor portions of the building. Where that portion of the
building fronts on a public way, the Planning Board must determine
that it is principally a residential street or that such first floor
Residential Use would be in keeping with the character of the adjoining
land uses.
181.8416.
Off-Street Parking and Loading.
A.
Off-Street Parking. Retail stores, offices and consumer service establishments
located within 800 feet of a public off-street parking facility shall
be exempt from off-street parking requirements provided there exists
continuous pedestrian access between the parking and the entrance
to the Development Project. Residential units shall require a minimum
of 1.25 and a maximum of two off-street parking spaces per unit. In
all other cases, off-street parking shall be provided to meet the
underlying zoning requirements.
B.
Guest Parking. As a condition of Plan Approval, the Approving Authority may require the provision of up to one off-street parking space, in addition to the requirements in Section 181.8416, for every 10 Dwelling Units.
C.
Off-Street Loading and Delivery. Off-street loading spaces shall
be provided to meet the underlying zoning requirements.
D.
Location of Parking. Any surface parking lot shall, to the maximum
extent feasible, be located at the side or rear of a building, relative
to any public right-of-way, public open space, or pedestrian way.
In no case shall surface parking for new construction be permitted
within any applicable restricted front setback area.
E.
Waiver of Parking Requirements.
(1)
The Planning Board may grant a Plan Approval providing such
relief from the standards or prescribe safeguards and conditions as
it shall warrant appropriate, provided that it finds that it is impractical
to meet the standards and that such modifications are appropriate
by reason of the proposed use and will not result in or worsen parking
or traffic problems in the SGZD.
(2)
The Planning Board may impose conditions of use or occupancy
appropriate to such modifications, provided that the particular use
and occupancy were voluntarily proposed by the applicant and would
not impair the development of housing within the district which is
appropriate for diverse populations, including households with children,
other households, individuals, households including individuals with
disabilities, and the elderly.
F.
Shared Use of Required Parking.
(1)
Shared use may be made of required parking spaces by intermittent
use establishments, for example, churches, assembly halls or theaters,
whose peak parking demand is only at night or on specific days of
the week; by other uses whose peak demand is only during the day;
or in public parking lots. At the time of application, a formal agreement
shall be made in writing by the owners of the uses involved concerning
the number of spaces involved, substantiation of the fact that such
shared use is not overlapping or in conflict, and the duration of
the agreement.
(2)
The Applicant shall demonstrate that shared spaces will meet
parking demands by using accepted methodologies (e.g., the Urban Land
Institute Shared Parking Report, ITE Shared Parking Guidelines, or
other industry established studies on shared parking).
G.
Cooperative Establishment and Operation of Parking Areas. Required
parking spaces for any number of uses may be provided in a combined
lot or lots (public or private), provided that the number of spaces
in the combined facility shall not be less than the sum of those required
of the individual uses, with allowances made, upon formal designation,
for night use or for separate and distinct working shifts, and provided
also that such lot or lots shall be within 800 feet of the principal
buildings served.
H.
Parking Design. Parking shall be designed and constructed to comply
with all applicable state or federal accessibility requirements including
but not limited to the Americans with Disabilities Act (ADA)[2] and 521 CMR 23.00, Parking and Passenger Loading Zones.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
181.8417.
Open Spaces and Recreational Areas. The site design for Development
Projects may include common open space and facilities. Where proposed,
the plans and any necessary supporting documents submitted with an
application for Plan Approval within the SGZD shall show the general
location, size, character, and general area within which common open
space or facilities will be located. The plans and documentation submitted
to the Planning Board shall include a description of proposed ownership
and maintenance provisions of all common open space and facilities
and, if requested by the Planning Board, any necessary restrictions
or easements designed to preserve the open space and recreational
areas from future development. Upon consideration of the above information,
the Planning Board may approve a waiver as provided for in Section
181.843(E) for a front setback to allow for common open space or facilities.
181.8418.
Affordable Housing.
A.
Affordable Units shall comply with the following requirements:
(1)
For an Affordable Rental Unit, the monthly rent payment, including
applicable utility allowances, shall not exceed 30% of the maximum
monthly income permissible for an Eligible Household, assuming a household
size equal to the number of bedrooms in the unit plus one, unless
another methodology for determining the target household size has
been approved by DHCD.
(2)
For an Affordable Homeownership Unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an Eligible Household, assuming a household size equal to the
number of bedrooms in the unit plus one.
(3)
Affordable Units required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
B.
Number of Affordable Units. Twenty percent of all Dwelling Units
constructed in a Development Project 13 units or larger in size shall
be Affordable Units; provided, however, that for Development Projects
in which all of the Dwelling Units are limited to occupancy by elderly
persons and/or by persons with disabilities, 25% of the Dwelling Units
shall be Affordable Units and that the total number of affordable
units within the entire SGZD equals not less than 20%.
C.
Fractional Units. When the application of the percentages specified
in Section 181.8418(a) results in a number that includes a fraction,
the fraction shall be rounded up to the next whole number.
D.
Design and Construction. Affordable Units must be dispersed equitably
and proportionately throughout a Development Project, including, where
applicable, across all buildings, floors and unit types. Affordable
Units must be comparable in exterior design to the unrestricted units.
However, nothing in this section is intended to limit a homebuyer's
rights to renovate a Dwelling Unit under applicable law. The Affordable
Units must have access to all on-site amenities. Affordable Units
shall be finished housing units. All Affordable Units must be constructed
and occupied not later than concurrently with construction and occupancy
of unrestricted units. In Development Projects that are constructed
in phases, Affordable Units must be constructed and occupied in proportion
to the number of units in each phase of the Development Project.
E.
Unit Mix. The total number of bedrooms in the Affordable Units shall
be at least proportionate to the total number of bedrooms in all units
of the project of which the Affordable Units are a part.
F.
Affordable Housing Restriction. Each Affordable Unit shall be subject
to an Affordable Housing Restriction approved by DHCD, pursuant to
40R,[3] and recorded with the Worcester Northern District Registry
of Deeds or Land Court Registry. All affordable housing restrictions
must include, at minimum, the following:
(1)
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms, and a description of the overall
quantity, initial unit designations, number of bedrooms and number
of bedroom types of Affordable Rental Units in a Development or portion
of a Development which are rental. Such restriction shall apply individually
to the specifically identified Affordable Homeownership Unit and shall
apply to a percentage of rental units of a rental Development Project
or the rental portion of a Development Project with the designated
Affordable Rental Units initially identified in the corresponding
Affirmative Fair Housing Marketing Plan (AFHMP) and able to float
on a limited basis, as necessary, subject to specific approval by
DHCD in accordance with the AFHMP and DHCD's AFHMP guidelines.
(2)
The term of the Affordable Housing Restriction which shall be
in perpetuity or for the longest period customarily allowed by law,
as further specified in the AA's Plan Approval decision, but
shall be no less than 30 years.
(3)
The name and address of the monitoring agent with a designation
of its power to monitor and enforce the Affordable Housing Restriction.
(4)
Reference to a housing marketing and resident selection plan,
to which the Affordable Unit is subject, and which includes an affirmative
fair housing marketing program, including public notice and a fair
resident selection process. If approved by DHCD, pursuant to 40R for
the corresponding project or phase(s) therein, the housing marketing
and selection plan may provide for local preferences in resident selection.
The plan shall designate the household size appropriate for a unit
with respect to bedroom size and provide that preference for such
unit shall be given to a household of the appropriate size.
(5)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and selection plan.
(6)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set.
(7)
A requirement that only an Eligible Household may reside in
an Affordable Unit and that notice of any lease or sublease of any
Affordable Unit shall be given to the monitoring agent.
(8)
Provision for effective monitoring and enforcement of the terms
and provisions of the Affordable Housing Restriction by the monitoring
agent.
(9)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the monitoring agent and the City of Fitchburg,
in a form approved by municipal counsel and DHCD pursuant to the Governing
Laws, and shall limit initial sale and resale to and occupancy by
an Eligible Household.
(10)
Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the provisions of this Section 181.8418 and containing such other information as may be reasonably requested in order to ensure compliance with the affordable housing restriction and AFHMP.
(11)
Provision that the restriction on Affordable Rental Units in
a rental project or rental portion of a project shall run with the
rental project or rental portion of a project and shall run in favor
of the monitoring agent and the City of Fitchburg, in a form approved
by municipal counsel and DHCD pursuant to the Governing Laws, and
shall limit rental and occupancy to an Eligible Household.
(12)
A requirement that residents in Affordable Units provide such
information as the monitoring agent may reasonably request in order
to ensure compliance with the affordable housing restriction and AFHMP.
(13)
Designation of the priority of the affordable housing restriction
over other mortgages and restrictions.
[3]
Editor's Note: See Chapter 40R of the General Laws.
G.
Administration. The monitoring agent shall ensure the following (see Section 181.8412):
(1)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed.
(2)
Income eligibility of households applying for Affordable Units
is properly and reliably determined.
(3)
The housing marketing and resident selection plan has been approved
by DHCD pursuant to the Governing Laws, conforms to all requirements
and is properly administered.
(4)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given.
(5)
Affordable housing restrictions meeting the requirements of
this section are recorded with the Worcester Northern District Registry
of Deeds or Land Court. In the case where the monitoring agent cannot
adequately carry out its administrative duties, upon certification
of this fact by the Planning Board or by the Department of Housing
and Community Development, the administrative duties shall devolve
to and thereafter be administered by a qualified housing entity designated
by the Fitchburg Planning Board.
H.
Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the owner of reasonable costs to the monitoring agent and the owner shall pay reasonable costs to the monitoring agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements under this Section 181.84 and the Governing Laws.
I.
In combination, the various documentation required under Section 181.8418, to be submitted with an application for Plan Approval, shall include details about construction related to the provision, within the Development Project, of units that are accessible to the disabled and appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly.
The Planning Board shall adopt and file with the City Clerk
Administrative Regulations relative to the application requirements
and contents for Plan Review, subject to approval by the Massachusetts
Department of Housing and Community Development. Plan approval procedures
shall be as follows:
181.8421.
Preapplication Review. Applicants are strongly encouraged to
schedule a preapplication review with the Approving Authority staff,
which may include meeting with the Fitchburg Development Review Committee.
A concept plan may be submitted to help guide the development of the
definitive submission for project build out. Such concept plan should
include the following: overall building envelope areas, open space
and natural resource areas, general site improvements, drainage plans,
groupings of buildings and proposed land uses, anticipated parking
spaces and locations, site vehicular access. The concept plan is intended
to be used as a tool for both the Applicant and the Planning Board
to ensure that the proposed project design will be consistent with
the design standards and other requirements of the SGZD.
181.8422.
Application Procedures. All Projects are subject to Plan Approval.
A.
Submittal.
(1)
An application for Plan Approval shall be submitted in accordance with the requirements herein and further specified in the SGZD Administrative Regulations, on the form provided by the AA along with the application fees set forth in the Administrative Regulations. The application shall be accompanied by such plans and other documents as required by the Administrative Regulations required to verify compliance with any of the provisions of this section in a manner that, as defined in 760 CMR 59.02, does not unduly restrict development within the SGZD. As part of the submission requirements of Administrative Regulations, an application for Plan Approval shall include in its submission, conformance with the requirements of Section 181.944 and the submittal requirements contained in the Planning Board's "Rules & Regulations for Special Permits & Site Plan Review," as in effect upon the adoption of this Section 181.84. In addition to the submission requirements of Administrative Regulations, an application for Plan Approval shall also include all of the following:
(2)
An application for Plan Approval shall be filed by the Applicant
with the City Clerk. A copy of the application, including the date
of filing certified by the City Clerk, as well as the required number
of copies of the application, shall be filed forthwith by the Applicant
with the Planning Board. Application submissions must include a hard
copy as well as an electronic copy in PDF. Said filing shall include
any required forms provided by the Planning Board. As part of any
application for Plan Approval for a Development Project, the Applicant
must submit the following documents to the Planning Board and the
monitoring agent:
(b)
Development Project Plans that demonstrate compliance with the
design and construction standards of Section 181.8418(d).
(c)
A form of Affordable Housing Restriction that satisfies the
requirements of Section 181.8418(f).
(d)
Review Fees. The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the application for the
benefit of the Planning Board, pursuant to MGL c. 40R, § 11(a).
Such fees shall be held by the City of Fitchburg in an interest-bearing
escrow account, and shall be used only for expenses associated with
the use of outside consultants employed by the Planning Board in reviewing
the plan application. Any surplus funds remaining after the completion
of such review, including any interest accrued, shall be returned
to the Applicant forthwith;
181.8423.
Traffic Impact Study. When required by the Approving Authority,
the traffic impact study shall include the following information:
A.
A report on existing traffic conditions including estimated average
daily and peak hour traffic volumes, average and peak speeds, sight
distances, accident data for the previous three years, and levels
of service (LOS) of intersections and streets likely to be impacted
by the proposed development. Generally, such data shall be presented
for all major streets and intersections within 1,000 feet of the project
boundaries; provided, however, that all such studies shall be no more
than 18 months old at the date of the application.
B.
Projected traffic conditions for design year of occupancy. Statement
of design year of occupancy, average annual background traffic growth,
impacts of proposed developments which have already been approved
or are pending before City boards.
C.
Projected impact of proposed development. Projected peak hour and
daily levels and directional flows resulting from the proposed project;
sight lines at the intersections of the proposed driveways and streets;
existing and proposed traffic controls in the vicinity of the proposed
development; and projected post development traffic volumes and levels
of service of intersections and streets likely to be affected by the
proposed project
D.
Proposed methods as necessary to mitigate the estimated traffic impact
and methodology and sources used to derive existing data and estimations.
At the discretion of the Approving Authority, the Applicant may within
a mitigation plan contribute funds for the purpose of partial design
and/or construction of off-site traffic improvements provided the
funding is proportional to the impacts of the traffic impacts resulting
from the proposed Development Project. The Approving Authority may
reduce the amount of required mitigation upon a finding that achieving
this performance standard would unduly restrict opportunities for
development.
181.8424.
Circulation to Other Boards. In accordance with the Administrative
Regulations, the Planning Board shall provide a copy of the application
materials to all relevant municipal Boards, Departments, Commissions
and Officials as determined by the Planning Board and to the monitoring
agent. Subject to the requirements under § 181.843.I(4)
below, these entities shall provide any written comments within 30
days of the filing of the plan and application with the City Clerk.
181.8425.
Public Hearing and Time Limits. The Planning Board shall hold
a public hearing and review all applications according to the procedure
specified in MGL c. 40A, § 11.
A.
The decision of the Planning Board shall require a majority vote
of the Board's members and be made, and written notice of the
decision filed with the City Clerk within 120 days of receipt of the
application by the City Clerk.[1] This time may be extended by mutual agreement between
the Planning Board and the Applicant by written agreement filed with
the City Clerk. Failure of the Planning Board to take action within
said 120 days or the extended time shall be deemed an approval of
the Plan Approval application.
[1]
Editor's Note: So in original.
B.
Criteria for Plan Approval. The Planning Board shall approve the
Development Project upon all of the following findings:
(1)
The Applicant has submitted the required fees and information
as set forth in the SGZD Administrative Regulations.
(2)
The proposed Development Project as described in the application meets all of the requirements and standards set forth in this Section 181.84, applicable Design Standards and the SGZD Administrative Regulations, or a waiver has been granted there from, and shall also include written confirmation by the monitoring agent that all affordable housing requirements have been satisfied.
(3)
Any extraordinary adverse potential impacts of the project on
nearby properties have been adequately mitigated.
C.
Criteria for Conditional Approval.
(1)
The Approving Authority may impose conditions on a Development Project as necessary to ensure compliance with this Section 181.84 and applicable Design Standards, or to mitigate any extraordinary adverse impacts of the project on nearby properties, insofar as such conditions are compliant with the provisions of MGL c. 40R and applicable regulations and do not unduly restrict opportunities for development.
(2)
The Approving Authority may require construction of an approved
Development Project to be phased for the purpose of coordinating the
Development Project with any mitigation required to address extraordinary
adverse project impacts on nearby properties.
D.
Criteria for Plan Denial. A Plan Approval application may be disapproved
only where the Planning Board finds that:
(1)
The Applicant has not submitted the required fees and information
as set forth in the SGZD Administrative Regulations; or
(2)
The Project as described in the application does not meet all the requirements and standards set forth in this Section 181.84, applicable Design Standards and the SGZD Administrative Regulations, or that a required waiver there from has not been granted; or
(3)
It is not possible to adequately mitigate significant project
impacts on nearby properties by means of suitable conditions.
E.
Waivers. Upon request of the Applicant, the Planning Board may waive dimensional and other requirements, including Design Standards, with conditions, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGZD and the Fitchburg Master Plan, and if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this section. Notwithstanding anything to the contrary in this Section 181.84 or this chapter of Fitchburg Code, the Affordable Housing provisions that comprise Section 181.8418 shall not be waived without the express written approval of DHCD. The Planning Board will also take into consideration the following items when considering a waiver:
(1)
High performance, energy efficient buildings and construction
methods;
(2)
Projects with publicly accessible open space;
(3)
Projects that include retail and restaurants located on street
level;
(4)
A demonstrated shared parking initiative that makes efficient
use of land and existing parking supply;
(5)
The preservation or rehabilitation of historic properties or
other buildings considered significant to the City; and/or
F.
Plan Changes After Approval by Planning Board.
(1)
Minor Plan Changes. After Plan Approval, an Applicant may apply
to make minor changes in a Development Project that do not affect
the overall build out or building envelope of the site, or provision
of open space, number of housing units, or housing need or Affordable
Housing features. Such minor changes must be submitted to the Planning
Board on redlined prints of the approved plan, reflecting the proposed
change, and on application forms provided by the Planning Board. The
Planning Board may authorize such changes at any regularly scheduled
meeting, without the need to hold a public hearing. The Planning Board
shall set forth any decision to approve or deny such minor change
by motion and written decision, and provide a copy to the Applicant
for filing with the City Clerk.
(2)
Major Plan Changes. Those changes deemed by the Planning Board
to constitute a major change in a Development Project because of the
nature of the change in relation to the prior approved plan, or because
such change cannot be appropriately characterized as a minor change
as described above, shall be processed by the Planning Board as a
new application for Plan Approval pursuant to this section.
G.
Fair Housing Requirement. All Development Projects within the SGZD
shall comply with applicable federal, state and local fair housing
laws.
H.
Project Phasing. The Planning Board may allow a project to be phased
at the request of the Applicant or to mitigate any extraordinary adverse
impacts on nearby properties and provided that the submission shows
the full build-out of the project and all associated impacts as of
the completion of the final phase and subject to approval of the Planning
Board. For projects that are approved and developed in phases, the
proportion of Affordable Units shall be no less than the minimum percentage
required for the project as a whole under Section 181.8418(b).
I.
Decisions.
(1)
The Planning Board shall issue to the Applicant a copy of its
decision containing the name and address of the owner, identifying
the land affected and the plans that were the subject of the decision
and certifying that a copy of the decision has been filed with the
City Clerk. If 20 days have elapsed after the decision has been filed
with the City Clerk without an appeal having been filed, or if such
appeal having been filed is dismissed or denied, or if a plan is approved
by reason of the failure of the Planning Board to timely act, the
City Clerk shall so certify on a copy of the decision. A copy of said
decision shall be filed with the Registry of Deeds.
(2)
A Plan Approval shall be issued to a specific applicant and
is not transferable to new ownership without the Plan Approving Authority's
review and approval. Plan Approval shall lapse after two years from
the grant thereof if a substantial use thereof has not sooner commenced
except for good cause. A Plan Approval may, for good cause, be extended
in writing by a majority vote of the Plan Approving Authority for
one or more terms not exceeding two years each, upon the written request
of the applicant.
(3)
Approved Development Projects shall be substantially complete
within seven years of the effective date of approval, unless the Approving
Authority has granted an extension.
(4)
The Planning Board may require the posting of a performance
bond to secure and/or screen a Development Project site in the event
that demolition is undertaken but subsequent work lapses, for any
reason within or outside the Applicant's control, for a period
longer than one year.
J.
Date of Effect. The effective date of this Section 181.84, as amended July 18, 2019, shall be the date on which such adoption is voted upon by City Council pursuant to the requirements of Section 5 of Chapter 40A of the General Laws and Chapter 40R of the General Laws; provided, however, that the Approving Authority may not issue a Plan Approval decision pursuant to this Section 181.84 prior to the receipt of conditional or final approval of this Section 181.84 and accompanying Zoning Map by the Department of Housing and Community Development
K.
Severability. If any provision of this section is found to be invalid
by a court of competent jurisdiction, the remainder of this section
shall not be affected but remain in full force. The invalidity of
any provision of this section shall not affect the validity of the
remainder of this chapter.
L.
Design Standards. The Planning Board may adopt and amend, by simple
majority vote, Design Standards which shall be applicable to all projects.
Such Design Standards must be objective and not subjective and may
only address the scale and proportions of buildings, the alignment,
width, and grade of streets and sidewalks, the type and location of
infrastructure, the location of building and garage entrances, off-street
parking, the protection of significant natural site features, the
location and design of on-site open spaces, exterior signs, and buffering
in relation to adjacent properties. DHCD may, at its discretion, require
Design Standards to contain graphics illustrating a particular standard
or definition in order to make such standard or definition clear and
understandable.
(1)
Before adopting any Design Standard, the Planning Board shall
submit the proposed Design Standard to DHCD for approval. Any amendment
to the Design Standards shall not take effect until approved by DHCD
and filed with the City Clerk.
(2)
An application for Plan Approval that has been submitted to
the City Clerk pursuant to this section shall not be subject to any
Design Standard that has not been approved by DHCD.
181.8441.
West Smart Growth Zoning District (WSGZD). The West Smart Growth
Zoning District shall consist of the following parcels, within seven
subdistricts:
|
Subdistrict
|
Street Address
|
Assessors Map
|
Block
|
Lot
|
|---|---|---|---|---|
|
Nockege
|
0 Nockege St.
|
28
|
23
|
0
|
|
93 Nockege St.
|
28
|
24
|
0
| |
|
Homeline Furniture
|
1428 Main St.
|
27
|
8
|
0
|
|
Premier Box
|
245 River St.
|
27
|
1
|
0
|
|
Downtown Gateway
|
1146 Main St.
|
17
|
65
|
0
|
|
1098 Main St.
|
18
|
1
|
0
| |
|
0 Main St.
|
18
|
2
|
0
| |
|
51 River St.
|
28
|
32
|
0
| |
|
41-47 River St.
|
28
|
33
|
0
| |
|
5 Broadway St.
|
28
|
35
|
0
| |
|
33 River St.
|
28
|
36
|
0
| |
|
27 River St.
|
29
|
17
|
0
| |
|
Iver Johnson
|
83 River St.
|
17
|
76
|
0
|
|
91 River St.
|
28
|
26
|
0
| |
|
89 River St.
|
28
|
26
|
A
| |
|
87 River St.
|
28
|
26
|
B
| |
|
85 River St.
|
28
|
27
|
0
| |
|
85 River St.
|
28
|
27
|
A
| |
|
81 River St.
|
28
|
28
|
0
| |
|
0 River St.
|
28
|
29
|
0
| |
|
79 River St.
|
28
|
30
|
0
| |
|
Broad Street
|
314-348 Broad St.
|
29
|
1
|
0
|
|
356 Broad St.
|
29
|
1
|
1
| |
|
339 Broad St.
|
29
|
53
|
0
| |
|
Can-Am
|
644-688 River St.
|
61
|
26
|
0
|
A.
Establishment and Delineation of the WSGZD. The WSGZD is an overlay
district that is superimposed over the underlying district. The boundaries
are delineated as the "West Smart Growth Zoning District" on the Official
Zoning Map of the City of Fitchburg on file in the office of the City
Clerk, said map hereby made a part of this chapter.
B.
Allowed and Prohibited Uses. Any Use not listed herein as an Allowed
Use is deemed prohibited.
(1)
C.
Dimensional and Other Requirements. Applications for Plan Approval shall be governed by this Section 181.84 and the WSGZD Design Standards. For new construction:
|
Dimensional Requirement
| |
|---|---|
|
Maximum building height
|
55 feet
|
|
Minimum lot frontage
|
20 feet
|
|
Minimum front setback
|
0 feet
|
|
Maximum front setback
|
10 feet
|
|
Interior setback (between buildings on same lot)
|
15 feet
|
(1)
Residential Density Allowances. The minimum multifamily residential
density shall be 20 units per acre and the maximum multifamily residential
density shall be 40 units per acre for all lots and all buildings.
(2)
Contiguous Lots. In the WSGZD, where two or more lots are contiguous
or are separated by a right-of-way, such lots may be considered as
one lot for the purpose of calculating maximum lot coverage; parking
requirements; minimum useable open space; and Dwelling Units per acre.
(3)
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
A.
Establishment and Delineation of the DSGZD. The DSGZD is an overlay
district that is superimposed over the underlying district. The boundaries
are delineated as the "Downtown Smart Growth Zoning District" on the
Official Zoning Map of the City of Fitchburg on file in the office
of the City Clerk, said map hereby made a part of this chapter.
B.
Allowed and Prohibited Uses. any use not listed herein as an allowed
use is deemed prohibited.
C.
Allowed Uses. The following uses shall be permitted As-of-Right in the DSGZD upon Plan Approval pursuant to the provisions of this Section 181.84:
(1)
Multifamily Dwelling.
(2)
(3)
In addition to the allowed uses listed above, the following uses are permitted As-of-Right for Development Projects within the DSGZD subject to the requirements of this Section 181.84:
D.
Dimensional and Other Requirements. Applications for Plan Approval shall be governed by this Section 181.84 and the SGZD Design Standards. For new construction:
|
Dimensional Requirement
| |
|---|---|
|
Maximum building height
|
70 feet
|
|
Minimum lot frontage
|
20 feet
|
|
Minimum front setback
|
0 feet
|
|
Maximum front setback
|
10 feet
|
|
Interior setback (between buildings on same lot)
|
15 feet
|
(1)
Residential Density Allowances. The minimum multifamily residential
density shall be 20 units per acre and the maximum multifamily residential
density shall be 50 units per acre for all lots and all buildings.
(2)
Contiguous Lots. In the DSGZD, where two or more lots are contiguous
or are separated by a right-of-way, such lots may be considered as
one lot for the purpose of calculating maximum lot coverage; parking
requirements; minimum useable open space; and Dwelling Units per acre.
(3)
Age-Restricted Housing Units. An Applicant may propose a Residential or Mixed-Use Development Project in which all Dwelling Units are designed for or are accessible to the elderly or the handicapped under all applicable laws and regulations, provided that not less than 25% of the housing units in any such Development Project shall be Affordable Units. All such Development Projects shall be governed by the requirements of this Section 181.84 and the Design Standards.
(4)
Existing Buildings. Notwithstanding anything to the contrary
herein, a building existing as of the date of adoption of this SGZD
which does not comply with the dimensional requirements described
in Section 181.845.D above shall be deemed compliant with the setback
and/or height requirements exiting as of the date of adoption of this
SGZD above, provided that the project does not propose any increase
in building footprint or building height.
The purposes of the Floodplain Protection Overlay District are
to ensure public safety through reducing the threats to life and personal
injury; eliminate new hazards to emergency response officials; prevent
the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding; avoid the loss of utility
services; eliminate costs associated with the response and cleanup
of flooding conditions; reduce damage to public and private property
resulting from flooding waters.
The Floodplain Protection Overlay District (FPOD) shall be in
all portions of the City as indicated on the Flood Insurance Rate
Maps as the Floodplain District. The City's permit review process
includes the requirement that the proponent obtain all local, state
and federal permits that will be necessary in order to carry out the
proposed development in the floodplain overlay district. The proponent
must acquire all necessary permits, and must submit a list demonstrating
that all necessary permits have been acquired. The Building Commissioner
is the designed Floodplain Administrator (FPA) and shall maintain
the maps and records and administer, interpret and enforce the provisions
of this section. Where there is a conflict between a mapped boundary
and actual field conditions, the Building Commissioner shall determine
the boundaries of the Floodplain District.
The Floodplain District is herein established as an overlay
district. The district includes all special flood hazard areas designated
on the City's Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency for the administration of the National
Flood Insurance Program, dated September 18, 1991. These maps indicate
the 1% chance regulatory floodplain. The exact boundaries of the district
shall be defined by the 1% chance base flood elevations shown on the
FIRM and further defined by the Flood Insurance Study (FIS) report
dated September 18, 1991. The effective FIRM, FBFM, and FIS report
are incorporated herein by reference and are on file with the City
Clerk, Department of Community Development and Planning, and Building
Commissioner.
A volume not previously used for flood storage and shall
be incrementally equal to the theoretical volume of floodwater at
each elevation, up to and including the 100-year-flood elevation,
which would be displaced by the proposed project. Such compensatory
volume shall have an unrestricted hydraulic connection to the same
waterway or water body. Further, with respect to waterways, such compensatory
volume shall be provided within the same reach of the river, stream
or creek.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. (44 CFR Part 59.)
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
(44 CFR Part 59.)
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. (Base Code, Chapter 2, Section 202.)
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. (44 CFR Part 59.) Also (Referenced
Standard ASCE 24-14).
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. (44 CFR
Part 59.)
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. (Referenced Standard ASCE 24-14.)
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
|
(44 CFR Part 59.)
|
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. (Base Code, Chapter 2, Section
202.)
The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement is within 180 days after the date of issuance. The actual
start of construction means the first placement of permanent construction
of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction
of columns.
Permanent construction does not include land preparation (such
as clearing, excavation, grading or filling), the installation of
streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
(Base Code, Chapter 2, Section 202.)
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home. (44 CFR Part 59.)
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the Building Official shall determine
it to be substantial repair of a foundation. Applications determined
by the Building Official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR, as amended by MA in 9th Edition
BC.
A grant of relief by a community from the terms of a flood
plain management regulation. (44 CFR Part 59.)
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3 is presumed to be in violation until such time as that
documentation is provided. (44 CFR Part 59.)
If the City acquires data that changes the base flood elevation
in the FEMA mapped Special Flood Hazard Areas, the City will, within
six months, notify FEMA of these changes by submitting the technical
or scientific data that supports the change(s). Notification shall
be submitted to:
|
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th Floor
Boston, MA 02110
|
|
And copy of notification to:
|
|
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation
251 Causeway Street
Boston, MA 02114
|
The degree of flood protection required by this chapter is considered
reasonable but does not imply total flood protection. The following
requirements apply in the FPOD:
181.8561.
Within Zone A1-A30, all residential and nonresidential construction
and substantial improvements shall comply with the following:
A.
Provisions of the Massachusetts State Building Code which address
floodplain areas (currently 780 CMR 3107.0, Flood Resistant Construction).
B.
Wetlands Protection Regulations (currently 310 CMR 10.00).
C.
Minimum requirement for the subsurface disposal of sanitary sewage
(currently 310 CMR 15, Title V).
181.8562.
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
181.8563.
Permits are required for all proposed development in the Floodplain
Overlay District. The City of Fitchburg requires a permit for all
proposed construction or other development in the Floodplain Overlay
District, including new construction or changes to existing buildings,
placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and
any other development that might increase flooding or adversely impact
flood risks to other properties.
181.8564.
In the floodway designated on the Flood Boundary and Floodway
Map the following provisions shall apply:
A.
All encroachment, including fill, new construction, substantial improvements
to existing structures and other development and all other development
is prohibited unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
B.
Floodway encroachment. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge. Any encroachment meeting the above standard shall comply
with the floodplain requirements of the Massachusetts State Building
Code.
C.
The placement of mobile homes, except in an existing mobile home
park or mobile home subdivision, is prohibited in the floodway.
D.
Subdivision and development proposals shall be reviewed to assure
that such proposals minimize flood damage, adequate drainage is provided,
and that public utilities and facilities are located and constructed
so as to minimize flood damage.
E.
When proposing subdivisions or other developments greater than 50
lots or five acres (whichever is less), the proponent must provide
technical data to determine base flood elevations for each developable
parcel shown on the design plans.
F.
In a riverine situation, the Building Commissioner shall notify the
following of any alteration or relocation of a watercourse:
(1)
Adjacent communities, especially upstream and downstream.
(2)
Bordering States, if affected.
(3)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor
Boston, MA 02114
(4)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
G.
Compensatory storage shall be provided for all flood storage volume
that will be lost as the result of a proposed project within bordering
land subject to flooding when in the judgment of the issuing authority
said loss will cause an increase or will contribute incrementally
to an increase in the horizontal extent and level of floodwaters during
peak flows.
181.8565.
Within Zone A1-A30, all mobile homes shall comply with the provisions
of the Massachusetts State Building Code in addition to providing
that:
A.
Stands or lots are elevated on compacted fill or on pilings so that
the lowest floor of the mobile home and its associated utilities will
be at or above the base flood level;
B.
Adequate surface drainage and access for a hauler are provided; and
C.
In the instance of elevation on pilings, lots are large enough to
permit steps, piling foundations are placed in stable soil no more
than ten feet apart and reinforcement is provided for piers more than
six feet above ground level.
181.8566.
In A Zones, in the absence of FEMA BFE data and floodway data,
the building department will obtain, review and reasonably utilize
base flood elevation and floodway data available from a federal, state,
or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A as the basis for elevating
residential structures to or above base flood level, for floodproofing
or elevating nonresidential structures to or above base flood level,
and for prohibiting encroachments in floodways.
181.8567.
Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
181.8568.
In A1-30, AH, and AE Zones, all recreational vehicles to be
placed on a site must be elevated and anchored in accordance with
the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
The Board of Appeals may vary the requirements of this section
(other than the provisions of the state regulations referenced above)
upon the issuance of a variance. Variances may be issued for new construction
and substantial improvements on lots 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level. Variances for larger lots shall require increased
technical justification. The Board of Appeals may grant such variance
after considering the following:
181.8571.
A showing of good and sufficient cause;
181.8572.
A determination that failure to grant the variance would result
in (nonfinancial) hardship to the applicant;
181.8573.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or
ordinances; and
181.8574.
A determination that the variance is the minimum necessary,
considering the flood hazards, to afford relief.
181.8581.
A variance shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
181.8582.
If a variance outside of the floodway is granted, the Board
of Appeals shall notify the applicant, in writing over its signature,
that:
A.
The issuance of such variance to construct a structure below the
base flood elevation will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage.
B.
Such construction below the base flood level increases risks to life
and property.
C.
The Board of Appeals will maintain a record of all variance actions,
including justification for their issuance.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or on the State Inventory of Historic Places, without regard
to the procedures set forth above, provided that documentation is
included to show that the structure is indeed a verifiable historic
structure, per NFIP regulations.
A.
The floodplain management regulations found in this Floodplain Overlay
District section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes.
B.
If any section, provision or portion of this chapter is deemed to
be unconstitutional or invalid by a court, the remainder of this chapter
shall be effective.
