City of Haverhill, MA Special Permit Conditions

Any use permitted by right, special permit and/or variance in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare; liquid or solid, refuse or wastes; conditions conducive to the breeding of insects, rodents or other substance, conditions or element in an amount as to affect adversely the surrounding environment. All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating air pollution. (The reader is referred to MGL c. 836, § 142D.) The following standards shall apply:

Emissions shall be completely and effectively confined within the building or so regulated as to prevent any nuisance, hazard or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.

All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment.

No activities that emit dangerous radioactivity, at any point; no electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.

No discharge other than that approved by the Haverhill Health Department or other proper authority, at any point, into a private sewage system, stream, the ground or a municipal sewage disposal system of any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or standing body of water or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.

No vibration which is discernible to the human sense of feeling for three minutes or more in any hour between 7:00 a.m. and 7:00 p.m., or for 30 seconds or more in any one hour between 7:00 p.m. and 7:00 a.m. shall be permitted. No vibration at any time shall produce an acceleration of more than zero point one gravity or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442.

No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as welding shall be permitted, except that search lights may be used to announce an event if directed skyward for a period not to exceed six days in any one month.

§ 255-87 Special conditions.

In addition to the general conditions set forth in § 255-80 of this chapter for all special permits, the following special conditions shall apply to the following uses in this article listed as special permits in various districts in Table 1: Table of Use and Parking Regulations.

§ 255-88 Removal of earth materials.

The removal of sand, gravel, minerals or other earth materials from any site in the City of Haverhill except that which is clearly incidental to the construction of a structure shall be allowed only after a written permit therefor has been granted by the Board of Appeals. Removal of earth materials clearly incidental to the construction of a structure and indicated on plans submitted for a building permit shall be permitted by the Building Inspector. The Board of Appeals shall otherwise have the authority to hear and act upon all applications for the removal of sand, gravel, minerals or other earth materials from any site in the City of Haverhill. The Board of Appeals shall consider, among other things the following: method of removal, days and time of working, type of machinery to be used, limitation of area for excavation, clearance of brush, elimination of dust, soil erosion watershed areas, water table protection, drainage, placing and size of culverts, contour grading and conditioning of the land after operations are completed, planting of area to suitable cover, disposition of topsoil, and reestablishing of ground levels and grades.

[Amended 8-14-1973 by Doc. 188]

Applications for permits. All applicants for the removal of sand, gravel, minerals or other earth materials must submit the following information concerning the proposed site of the removal operation with the application to the Board of Appeals:

(1)

Existing topography based on a current survey showing five-foot contour intervals. Elevations should be related to United States Geological Survey datum (mean sea level).

(2)

A log of soil borings certified by a registered professional engineer taken to the depth of the maximum high-water table. At least one boring must be taken on each acre proposed to be excavated under the permit and the location of such borings shown on the existing topographical map.

(3)

A topographical map showing final grades at five-foot contour intervals, depth of the maximum high-water table and drainage facilities after restoration of the site.

(4)

All maps of the site must indicate all property lines, roadways, bodies of water or public easements within 250 feet of the boundaries of the property on which the proposed removal site is to be located.

Operating standards. All permits to remove sand, gravel, minerals or other earth materials from a site granted by the Board of Appeals shall conform to the following minimum operating standards:

(1)

No excavation shall be closer than 150 feet to an existing public or private roadway, and no excavation shall be closer than 100 feet to other lot lines. Natural vegetation shall be left and maintained on the undisturbed land for screening and noise-reduction purposes.

(2)

No excavation shall be closer than 100 feet to the banks of a natural stream or other body of water.

(3)

No material shall be removed closer than six feet to the maximum high-water table.

(4)

No area shall be excavated so as to allow the accumulation of freestanding water. Permanent drainage shall be provided in accordance with good conservation practices.

(5)

All topsoil and subsoil shall be stripped from the active removal area and stockpiled for use in restoring the area after the removal operation has ceased.

(6)

Exclusive of accessways which shall not exceed 30 feet in width, no more than five acres of land shall be stripped of topsoil and subsoil and/or used for removal of sand, gravel, minerals or other earth materials at any one time.

(7)

All accessways leading to existing roadways shall be periodically treated with oil to reduce dust and mud except where such accessways are located on watersheds of municipal reservoirs or their tributaries.

(8)

Any structure erected on the premises for use by personnel or storage of equipment shall be located at least 150 feet from any existing roadway and at least 100 feet from any lot line, and any temporary structure will be removed no later than 60 days after the expiration of the permit. Any structure containing lavatory facilities or any other facility which produces wastewater shall have the facilities engineered in accordance with public health rules and be approved by the Board of Health. All structures must have the approval of the Building Inspector prior to their erection.

(9)

Operating hours shall be only between 7:00 a.m. and 5:00 p.m., Monday through Friday. Vehicles may enter and leave prescribed premises only within such hours.

(10)

The Board of Appeals, City Council, Department of Health, Building Inspector, Conservation Commission or any duly appointed agent of the aforesaid shall be free to inspect the premises at any time during operating hours.

(11)

In addition to the operating standards noted above the Board of Appeals may stipulate such other operating standards as it feels are in the best interests of public welfare.

(12)

Notwithstanding any other provision of this chapter, no loam shall be removed from any site in the City and be carried away to a site or locus outside the confines of the City limits.

[Added 2-26-1974 by Doc. 391]

(13)

Penalty.

[Added 7-28-1992 by Doc. 116]

(a)

Any person, firm, corporation or other entity who violates the provisions of Subsection C(12) shall be subject to a fine of $500 per truckload of loam that is so removed.

(b)

In addition thereto, to the extent permissible by applicable law, any such person, firm, corporation or entity shall be subject to suspension for up to one year of any and all licenses or permits issued to it by the City, said suspension to be imposed by the authority that issued such license or permit; and provided, further, that only licenses or permits that pertain to construction-related activities shall be subject to suspension hereunder.

Restoration standards. All permits to remove sand, gravel, minerals or other earth materials granted by the Board of Appeals shall contain but not be limited to the following standards for restoring the area after removal of sand, gravel, minerals or other earth material:

(1)

Within 60 days after the termination date of a permit or renewal permit, ground levels and grades shall be established as shown on the approved topographical plan (reference 1, 3).

(2)

No area shall be left with a slope steeper than 2:1 (50%).

(3)

All debris, stumps, boulders or other unsightly material shall be removed from the site and disposed of in a location approved by the Board of Health or buried, only if approved by the Board of Health, on the premises in a whole so that the surface of the debris, stumps, boulders or other unsightly material is two feet below the level of the surrounding area, and that two feet filled with soil and compacted. Trees, stumps and other organic material may be chipped and used to supplement existing topsoil in meeting the minimum restoration standards described herein.

[Amended 2-29-2000 by Doc. 20-B]

(4)

Retained subsoil, topsoil and wood chips shall be respread over the disturbed area to a minimum depth of six inches. This soil shall be treated with three tons of lime per acre and 1,000 pounds of 10-10-10 fertilizer per acre and seeded with grass or legume mixture prescribed by the Essex Soil Conservation District. Fingerling fir or other approved trees shall be planted over the entire area 12 feet on center. The planted area shall be protected from erosion during the establishment period using good conservation practices.

(5)

Upon completion of the operation, the land shall be left so that natural drainage leaves the property at the original natural drainage points and so that the area of drainage to any one point is not increased.

(6)

Restoration guaranty.

(a)

Permits to remove sand, gravel, minerals or other earth materials from a site granted by the Board of Appeals shall run for a period not to exceed two years from the date the permit is granted.

(b)

The operator must apply not less than 90 days prior to the termination date of an existing permit for a new permit, submitting similar information with his renewal request as was required for his original permit. If no renewal request is received by the Board of Appeals 90 days prior to the termination date of an existing permit or if the renewal request is not granted, the operator must cease the removal operation by the termination date of his existing permit and proceed to restore the area of operation in accordance with the standards set forth in his permit. Renewal permits shall run for a period not to exceed two years.

(c)

Before an applicant may remove sand, gravel, minerals or other earth materials from a site under a permit granted by the Board of Appeals for that purpose, there must be in effect a performance bond with the City Treasurer of not less than $3,000 per acre to be excavated under the permit. The bond may not be terminated unless 30 days' written notice of intent to terminate has been given to the City Treasurer and to the Board of Appeals and Conservation Commission and the Board of Appeals has voted to release such bond.

[Amended 10-12-1976 by Doc. 135-C]

(d)

The Building Inspector, Board of Health and Conservation Commission or their duly appointed agents shall be the inspecting agencies for the City of Haverhill.

§ 255-89 Filling of any water or wet area.

No filling of lands (whether associated with a use that is permitted by right or permitted by special permit or not so associated) to an extent that would serve to disrupt or create a drainage problem on the lands of others shall be permitted. For the filling in of any pond, lake, swamp or other existing body of water or wet area; and the filling in of any swale, valley or other area or depression, where such filling requires an amount of fill equivalent to 500 cubic yards or more; or where the area to be filled exceeds 10,000 square feet, the following conditions shall apply and the appropriate plans must be submitted to the Building Inspector for his review and approval. (Such conditions shall include, where applicable, prior approval by the Mayor of Haverhill, the Massachusetts Department of Natural Resources and the Massachusetts Department of Public Works under MGL c. 131, §§ 40A and 1170, Acts Relating to the Protection of Flood Plains.)

Submission of a site plan at a scale of one inch equals 1,000 feet or larger showing the area to be filled in or excavated, property lines within which the filling is proposed and tie-in to the nearest road intersection.

Submission of a plan to a scale of one inch equals 40 feet of the premises and surrounding area within 100 feet showing in addition to Subsection A above, existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling in, in relation to the topography of the surrounding premises, said plan to be prepared by a registered professional engineer and a registered land surveyor.

Provision for temporary and permanent drainage of the site.

Regrading of all or parts of the slopes resulting from such fill.

Replacement of at least four inches of topsoil over all filled or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.

Submission of a plan for lighting if night operation is contemplated.

Where any fill will have a depth of 10 feet or more and create a slope of more than one in two, there shall be a substantial fence enclosing the fill at least four feet in height with suitable gates. Such fence shall be located 10 feet or more from the top edge of the fill.

§ 255-90 Building near water supply.

[Added 10-28-1986 by Doc. 158-B; amended 7-23-1996 by Doc. 115; 10-14-1997 by Doc. 137-B]

For the protection of the public water supply, no building shall be constructed within 500 feet of the mean high-water elevation within the contiguous reservoirs of Millvale Reservoir, Kenoza Lake, Johnsons Pond, Chadwick Pond, Round Pond or Crystal Lake without a permit from the City Council. Such permit may be granted if the City Council finds that the proposed building does not have an adverse effect on the public water supply. The City Council shall refer all requests for such permit to the Conservation Commission for a review and recommendation before the City Council shall vote on the request. Any application for a permit under this section shall be accompanied by a report from the Conservation Commission setting forth a record of its action on and any recommendations as to the subject matter of the application. No application shall be considered complete without such report and the time within which to act on the application shall not begin to run until such report is filed.

§ 255-91 Special conditions relating to professional office use and funeral homes.

Professional offices or funeral homes may be allowed by special permit in the districts specified in Table 1: Table of Use and Parking Regulations, provided that the following conditions are adhered to:

The use will occupy a structure that existed at the time of passage of this chapter.

There are no exterior alterations that would serve to change the character of the structure or the neighborhood.

All other restrictions relating to the respective use and district (i.e., parking, signs, etc.) shall be complied with.

All parking areas shall be effectively screened from abutting and facing residential properties by either a four-foot solid fence or a dense planting of evergreen plant materials that are at least three feet in height at the time of planting. The applicant must indicate on his site plan, submitted with his application, the type and size of screening material.

§ 255-92 Accessory apartments.

[Added 6-10-1992 by Doc. 52-C]

In Residential Districts, one apartment, consisting of separate living quarters in the principal building, may be constructed in a single-family dwelling, upon grant of a special permit. In order for the Board of Appeals to grant a special permit, the following conditions must be met in addition to other special permit requirements. These conditions may not be waived through use of a variance.

The building must retain its characteristically single-family appearance.

A separate main entrance may not be constructed, facing the lot frontage.

The apartment shall not exceed 800 square feet or 30% of the living space (square feet) of the size of the existing structure, whichever is less.

The conversion must occur entirely within the existing footprint of the building.

The single-family home must be owner-occupied with no separate electric or heating services provided to the accessory apartment.

The Board of Health must certify that any existing potable water and sanitary waste disposal system is adequate to support a second living unit.

§ 255-93 Planned unit development.

[Amended 8-8-1972 by Doc. 197]

Planned unit development, which may include residential, recreational, commercial and institutional uses, may be allowed by special permit in the districts specified in Table 1: Table of Use and Parking Regulations and which are not subject to Table 2: Table of Dimensional and Density Regulations, provided that the following conditions are met. (See also § 255-98.)

The tract shall be at least 10 contiguous acres, except in an RM Zone where 25 contiguous acres are required, in single or consolidated ownership and have at least 300 feet of contiguous frontage on a public right-of-way at least 70 feet in width. (If the width of the public right-of-way is less than herein required, additional right-of-way may be deeded to the City for the entire length of frontage on said way so as to comply with this requirement.)

[Amended 6-10-1992 by Doc. 52-C]

Uses.

[Amended 4-23-1985 by Doc. 83]

(1)

The following uses shall be permitted:

(a)

Residential (one-, two-, and multifamily dwelling).

(b)

Community facilities, religious or educational.

(c)

Membership club for exclusive use of the residents of the planned unit development.

(d)

Public recreation or open space.

(e)

Fire station.

(f)

Commercial (retail or service establishment that is otherwise permitted in any CN District).

(g)

Provided that the planned unit development is at least 100 contiguous acres, the following may apply:

[1]

Sports facility to provide (nutritional) counseling, exercise programs, physical therapy, conditioning and care for sports-related injuries and necessary hospital referrals and such other services as are related to sports activities, not to exceed 8,000 square feet.

[2]

Bank and/or other financial institution (drive-in and/or non-drive-in), not to exceed 1,100 square feet.

At least 30% of the land area shall be set aside as permanent open space and offered to the City for acceptance as public open space or covenanted by the owner as public open space.

[Amended 8-14-1973 by Doc. 188; 6-10-1992 by Doc. 52-C]

The remaining 70% of the land area may be developed for residential community facilities and commercial uses. Ten percent of the total residential gross floor area or 10,000 square feet in gross floor area, whichever is less, may be devoted to commercial gross floor area at any one time.

[Amended 8-14-1973 by Doc. 188; 6-10-1992 by Doc. 52-C]

The residential gross density within the developed area (seventy-percent portion) shall not exceed the density of dwelling units per acre in the underlying district, except as provided for in § 255-89.1, Inclusionary housing.[1]

[Amended 8-14-1973 by Doc. 188; 6-10-1992 by Doc. 52-C]

[1]

Editor's Note: Said § 255-89.1, Inclusionary housing, was not passed by the City Council and therefore does not appear in this chapter.

Buildings shall be a minimum of 50 feet from any perimeter lot line and a minimum of 20 feet from any internal street line, and there shall be a minimum of 30 feet between buildings. If a building height exceeds three stories or 35 feet, whichever is less, a distance of 1/2 the total building height shall be added to the minimum distances herein required.

Buildings shall be limited to the maximum height of the underlying district.

[Amended 6-10-1992 by Doc. 52-C]

The development shall be served by both a public water and public sewerage system.

The plan and the roadway and respective utility improvements in the tract shall be subject to the definitive plan and performance guaranty requirements of the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill, Massachusetts.

The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, shall be required for all planned unit developments to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition of the issuance of the required special permit and according to the subdivision plans and specifications approved by the Planning Board. Said Clerk shall be selected and reimbursed as outlined in § 255-102.

[Added 10-14-1980 by Doc. 170-C]

The developer shall install street identification signs on all rights-of-way and drives within the development. Said signs shall be in place upon completion of final paving of each respective way or drive.

[Added 9-25-1984 by Doc. 147-C]

The developer shall install streetlighting on all rights-of-way and drives within the development. The lighting shall be in place prior to paving of each respective way or drive.

[Added 9-25-1984 by Doc. 147-C]

§ 255-94 Cluster residential development.

[Amended 8-8-1972 by Doc. 197; 8-14-1973 by Doc. 188; 6-6-1978 by Doc. 103-C; 6-19-1979 by Doc. 94-C]

A cluster residential development is a division of land into lots for use as single-family building sites where said lots are arranged into one or more groups having area and yard measurements less than the minimum required in the Table of Dimensional and Density Regulations. These clusters or groups shall be separated from adjacent property and other groups of lots within the development by intervening open space land.

Cluster residential developments may be allowed in those districts specified in Table 1: Table of Use and Parking Regulations by special permit subject to dimensional requirements less than the minimum required for the development of an individual lot in the same district, provided that the following conditions are met. (See also § 255-96.)

(1)

The tract of single or consolidated ownership at the time of application shall be at least 15 acres.

(2)

Each individual lot shall be subject to all requirements for a one-family detached dwelling in any RH District.

(3)

The number of lots over the tract of land in any one zoning district shall not exceed the number of lots permitted under normal application of the area regulations of the district in which the tract of land is located, except that a 10% unit density bonus may be granted; however, in the event that a density bonus is granted, open space land shall be at least 30% of the total land tract

[Amended 6-10-1992 by Doc. 52-C]

(4)

The proposed plan shall be in accordance with the Haverhill Master Plan as last revised.

(5)

The development shall be served by both public water and sewerage systems.

(6)

The area of open space land when added to the area of building lots shall at least equal the area that would have been required to develop the same number of dwelling units within a conventional, nonclustered subdivision in the zoning district. Open space land shall be at least 50% nonwetlands or land with a slope of 5% or greater.

(7)

Open space land separating groups of lots within the development shall be left in a natural state or developed for open space recreational purposes only, such as a tot lot, park, playground, playfield, golf course, conservation area, etc. Open space land which separates the development from adjacent property not of the development shall be left in a natural state and shall not be developed for any purpose.

(8)

Such open space land shall simultaneously, with the Planning Board's approval of the definitive subdivision plan, either be conveyed to the City and accepted by it for park or open space use; or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space; or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the City, a restriction enforceable by the City shall be recorded, provided that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Such open space land shall have suitable access to a street.

(9)

(10)

The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, shall be required for all cluster residential developments to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition of the issuance of the required special permit and according to the subdivision plans and specifications approved by the Planning Board. Said Clerk shall be selected and reimbursed as outlined in § 255-102.

[Added 10-14-1980 by Doc. 170-C]

(11)

[Added 9-25-1984 by Doc. 147-C]

(12)

The developer shall install streetlighting on all rights-of-way and drives within the development. The lighting shall be in place prior to paving of each respective way or drive.

[Added 9-25-1984 by Doc. 147-C]

§ 255-95 Campus area development.

[Added 7-8-2003 by Doc. 86-BB]

A campus area development may be allowed by special permit in the RC-AC and RC-CV subdistricts subject to the provisions of this § 255-95. Campus area developments shall not be subject to Table 2: Table of Dimensional and Density Regulations, provided that the following conditions are met.

Tract area and ownership requirements. In order to be developed as a campus area development, a tract of land must have an area of at least 15 contiguous acres and at least 300 feet of continuous frontage on a public right-of-way. Such land need not be in single ownership provided that all owners of land to be developed as a campus area development under a single special permit are coapplicants. Each owner of land within a campus area development shall be responsible for compliance of its own parcel with the requirements of the special permit, if special requirements are imposed on a particular portion of a campus area development, only the owner or owners of such portion shall be required to comply with such requirements.

Dimensional, parking and loading requirements.

(1)

Because one of the goals of the campus area development zoning designation is the reuse of property formerly used as a college or university campus, special dimensional, parking and loading requirements shall apply to campus area developments in order to facilitate such reuse.

(a)

RC-CV subdistrict. All campus area developments in the RC-CV subdistrict shall be subject to the dimensional requirements set forth for the applicable uses in Exhibit A. In addition, the following special provisions shall apply:

[1]

Buildings shall be set back a minimum of five feet from any perimeter lot line and internal street line (edge of pavement).

[2]

The maximum continuous length of any building facade in any one direction shall not exceed 300 feet, and for attached dwellings (townhouse or row house), the minimum and maximum numbers of units in a row shall be three and 10, respectively (but not to exceed 300 feet).

[3]

There shall be a minimum of five feet between buildings and 7.5 feet between townhouse rows.

[4]

In determining compliance of a lot within a campus area development with the minimum lot area per dwelling unit, maximum building coverage and maximum floor area ratio requirements of Exhibit A, the open space required under this chapter (30% of all land within the RC-CV subdistrict) shall be attributed to the area of the lot for purposes of the calculation (notwithstanding that such open space is not located within the lot proper). In the event that a campus area development is comprised of two or more lots, such open space shall be attributed on a pro rata basis among such lots.

[5]

There shall be no more than 172 Dwelling Units in the RC-CV subdistrict.

(b)

RC-AC subdistrict. All campus area developments in the RC-AC subdistrict shall be subject to the dimensional requirements for the applicable uses set forth in Exhibit A. Notwithstanding the foregoing, it is understood and agreed that to the extent that campus area developments in the RC-AC subdistrict include nonconforming structures or lots, such structures or lots shall have the benefit of the provisions of Article IX of this chapter, except that nonconforming structures in campus area developments shall not be deemed abandoned unless they have been demolished.

(2)

In addition, in the event that any new construction project or any extension or alteration of a nonconforming structure or lot included within a campus area development in the RC-CV or RC-AC subdistricts does not comply with the dimensional requirements set forth in Exhibit A or the parking and loading requirements set forth in Table 1 or in Article VIII, the campus area development project proponent shall have the right to obtain a special permit from the City Council permitting such noncompliance.

Uses. A campus area development may include one or more uses (including accessory uses) that are either permitted or permitted by special permit in the underlying RC-AC or RC-CV subdistrict, as applicable. In the special permit application for a campus area development, the applicant shall include the proposed uses of the development. If, after approval of the special permit application, the project proponent elects to include one or more additional uses, if the use is, or uses are, permitted as of right in the RC-AC or RC-CV subdistrict, as applicable, the proponent shall provide written notice to the City Clerk of the additional use or uses proposed and no additional permit or permits shall be required, and, if the use is, or uses are, permitted by special permit in the RC-AC or RC-CV subdistrict, as applicable, the proponent shall obtain a special permit for such use or uses from the City Council (notwithstanding any provision of this chapter providing for the Board of Appeals to grant special permits for certain uses). Professional office uses in campus area developments shall not be subject to the requirements of § 255-91.

Open space. At least 30% of the land area of all land included within the RC-CV subdistrict shall be set aside as permanent open space, such open space to be located as determined by the owner or owners in its or their discretion. Prior to issuance of a special permit for a campus area development in the RC-CV subdistrict, the City Council shall be satisfied that such permanent open space shall be provided in the subdistrict. This requirement shall not apply to campus area developments in the RC-AC subdistrict. All permanent open space shall be left in a natural state or developed for open space recreational purposes only such as tot lot, park, playground, Mayfield, conservation area, etc, A fee interest or permanent easement to use such open space land shall be granted to the City and accepted by it for park or open space use, granted to a nonprofit organization, the principal purpose of which is the conservation of open space, or granted to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. If such a corporation or trust is utilized, the interest in such open space shall pass with conveyances of the lots or residential units. In any case where such fee or easement interest is not conveyed to the City, a restriction enforceable by the City shall be recorded, provided that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Such open space land shall have suitable access to a street.

Public water and sewer. A campus area development shall be served by both a public water and public sewerage system.

Subdivision review. The plan and the roadway and respective utility improvements in the tract shall be subject to the definitive plan and performance guaranty requirements of the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill, Massachusetts.

Clerk of the Works. The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, shall be required for all new construction in the RC-CV subdistrict to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition of the issuance of the campus area development special permit and according to the subdivision plans and specifications approved by the Planning Board. Said Clerk shall be selected and reimbursed as outlined in § 255-102.

Street signage. The proponent or proponents of a campus area development shall install street identification signs on all rights-of-way and drives within the development. Said signs shall be in place upon completion of final paving of each respective way or drive.

Street lighting. The proponent or proponents of a campus area development shall install street lighting on all rights-of-way and drives within the development. The lighting shall be in place prior to paving of each respective way or drive.

Design criteria. Building design and landscaping shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening and other architectural techniques. Variation in detail, form and site shall be used to provide visual interest and avoid monotony, where warranted.

Landscape.

(1)

The campus area development shall be integrated into the existing terrain and surrounding landscape. Building sites shall, to the extent feasible:

(a)

Minimize use of wetlands, steep slopes, floodplains and hilltops.

(b)

Preserve natural or historic features.

(c)

Maximize open space retention.

(d)

'Minimize obstruction of scenic views from publicly accessible locations.

(e)

Minimize tree, vegetation and soil removal, blasting and grade changes.

(f)

Screen objectionable features from neighboring properties and roadways.

(2)

The procedure to obtain a special permit for construction of a campus area development shall be the same as the procedure set forth in § 255-98 for obtaining a special permit for construction of multifamily dwelling units, cluster residential developments, residential subdivisions in Watershed Protection Overlay District or planned unit developments, except that § 255-98D shall be deemed amended for special permits for campus area developments as follows:

"D.

Upon issuance of the Planning Board's recommendations on the special permit application (or expiration of 35 days after receipt of such application if the Planning Board fails to make such recommendations) as provided in § 255-98B, the applicant shall submit a definitive plan to the Planning Board as specified in the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill. The Planning Board shall not take final action on such submission until expiration of the appeal period from the City Council's action on the applicant's special permit application. (See also § 255-67, Other approvals required.)"

The provisions of the ordinance concerning growth management (§ 255-66D) shall not apply to campus area developments. In addition, in view of the public benefits provided by campus area developments including, without limitation, provision of open space and preservation and reuse of historic structures, the provisions of the ordinance concerning affordable housing (§ 255-97) and phased development subdivisions and Form A lots (§ 255-66C) shall not apply to such developments.

§ 255-96 Special conditions relating to multifamily dwelling units within the RH, RU, CC, CM and CG Districts.

[Amended 10-12-1976 by Doc. 135-C; 8-8-1972 by Doc. 197; 6-10-1992 by Doc. 52-C; 10-14-1980 by Doc. 170-C; 9-25-1984 by Doc. 147-C; 6-10-1992 by Doc. 52-C; 8-14-2001 by Doc. 97-CC]

Multifamily dwelling units may be permitted within the specified zones by special permit, provided that the following conditions are met. (See also § 255-98.)

The proposed development must conform to the respective requirements of Article VI (Table 2: Table of Dimensional and Density Regulations).

The development shall be served by both public water and sewerage systems.

The maximum continuous length of any building facade in any one direction shall not exceed 200 feet, and for attached dwellings (townhouses or row house), the minimum number of units in a row shall be three and a maximum of 10 units (but not to exceed 200 feet). There shall be a minimum of 40 feet between buildings or townhouse rows.

The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition for the issuance of the required special permit and according to the subdivision plans and specifications approved by the Planning Board, shall be required, upon the written recommendation of the City Engineer, for any multifamily development where new roadway and/or utility systems are required. Said Clerk shall be selected and reimbursed as outlined within § 255-102.

The developer shall install streetlighting on all rights-of-way and drives within the development. The lighting shall be in place prior to paving of each respective way or drive.

Building design and landscaping shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony, where warranted.

The development shall be integrated into the existing terrain and surrounding landscape. Building sites shall, to the extent feasible:

(1)

Minimize use of wetlands, steep slopes, floodplains and hilltops.

(2)

Preserve natural or historic features.

(3)

Maximize open space retention.

(4)

Minimize obstruction of scenic views from publicly accessible locations.

(5)

Minimize tree, vegetation and soil removal, blasting and grade changes.

(6)

Screen objectionable features from neighboring properties and roadways.

§ 255-97 Affordable housing.

[Added 6-27-2000 by Doc. 79-J]

Statement of purpose and definition of "affordable."

(1)

In order to meet the needs of the community for housing serving all incomes and until such time as 10% of the housing stock of the City of Haverhill determined to be available to households with incomes of 80% or less median income of the Lawrence-Haverhill Primary Metropolitan Statistical Area (PMSA), any new residential development requiring a special permit from either the City Council or the Board of Appeals is required to make available 10% or more of the units for such persons of low- and moderate-income, or make cash contribution to be designated housing entity (as described in Subsection I).

(2)

Definition. For purposes of this section of the Haverhill Zoning Ordinance, the term "affordable" shall be defined as follows:

(a)

"Affordable rents" are defined as those rents as published from time to time by the United States Department of Housing and Urban Development under that agency's HOME program and shall not exceed the low HOME rent limits for the Lawrence/Haverhill PMSA.

(b)

"Affordable sale price" is defined as 50% of the HOME maximum value limits for Essex County as published from time to time by the Department of Housing and Urban Development under that agency's HOME program.

Applicability to multifamily dwelling units.

(1)

Prior to favorable action on an application for a special permit to construct multifamily dwelling units, the following requirements must be met:

(a)

All new multifamily housing developments are required to provide 10% of their units for occupancy by low- and moderate-income households.

(b)

If 15% to 25% of the units are set aside for low- and moderate-income housing units, the City Council may grant a numerical equivalent (i.e., 15% maximum density bonus for 15% units for low/mod) density bonus of up to 15% to 25% more units than normally allowed in the applicable zoning district. In no case can the unit density bonus exceed 25%.

(c)

All new cluster residential developments or PUD shall provide 10% of the units for handicapped accessibility using adaptable design for construction.

(2)

In order to accomplish increases in density in multifamily rental developments, the City Council shall determine that public utilities, lot sizes and dimensional requirements are sufficient to accomplish the increases in dwelling unit density in addition to other special permit requirements.

Applicability to cluster residential or planned unit development.

(1)

In the event that the developer of a cluster residential or planned unit development wishes to provide more low- and moderate-income housing units than required as part of the development, he/she may apply to the City Council acting as the special permit granting authority (SPGA) for a special permit to allow an increase in density (density bonus). A density bonus may be granted using the following formula:

(a)

If 15% to 25% of the units are set aside as low- and moderate-income housing rental units, the City Council may grant a numerical equivalent density bonus of up to 15% to 25% more units than normally allowed in the applicable zoning district. In no case can the unit density bonus exceed 25%.

(2)

In order to accomplish increases in density for cluster residential or planned unit development, the City Council shall determine that public utilities, lot sizes and dimensional requirements are sufficient to accomplish the increases in dwelling unit density in addition to other special permit requirements.

Location of low- and moderate-income housing units. The requirement of low- and moderate-income housing units may be met in one of the following ways. The developer as part of his/her special permit application shall include a proposal to address this requirement. The City Council shall make the final determination of which method is appropriate.

(1)

The low- and moderate-income housing units will be constructed on the same site as other units and indistinguishably interspersed throughout the project (except as provided for below). In all cases, the low- and moderate-income housing units to be provided shall be equal in quality, materials and character to the market-rate units in development.

(2)

In lieu of constructing new units or rehabilitating existing units, the developer may make a cash contribution to a designated housing entity or, with the approval of the City Council, he or she may make a cash donation to the City for the purchase of recreational land. The amount of cash payment shall be determined by the following formula: the proposed average fair market value of all of the proposed dwelling units, as certified by a qualified appraiser (or, if rental dwelling units, an average fair market value established by the Office of the City Assessor), and multiplied by .15. Said payment shall be made prior to the issuance of any building permit(s). In addition to the above method, if a project which is to have 25% or more low- and moderate-income units, wishes not to construct the units on-site, then the developer may build the 25% rental units off-site at an acceptable location in the City.

Rental or sale of low- and moderate-income housing units that are constructed.

(1)

In the event that all units in a development are to be rental units, the low- and moderate-income housing units shall be made available to persons eligible for state or federal rental subsidies and who are on the waiting list of the Haverhill Housing Authority. The units shall remain available for a term of 40 years based on eligibility standards adopted by the Housing Authority.

(2)

In the event that the units in the development are to be offered for sale, the low- and moderate-income housing units shall be first offered for sale to the Haverhill Housing Authority at a sales price in conformance with the guidelines of the Haverhill Housing Partnership posted with the City Clerk. If the Haverhill Housing Authority chooses not to purchase such units, the low- and moderate-income housing units shall then be offered for sale to any other nonprofit housing entity or directly to low- and moderate-income persons.

(3)

In the event that units are to be offered for sale directly to persons with low or moderate incomes, the guidelines established by the Haverhill Housing Partnership Committee shall apply, and these guidelines shall be posted with the City Clerk.

Fractional share. In determining the number of low- and moderate-income units to be provided, a fractional share of 0.5 or more shall be regarded as a whole unit and a fractional share of 0.4 or less shall require no contribution to satisfy the fractional share.

Projects with six units or fewer. Projects with six units or fewer shall provide one unit. If 15% to 25% of the units are set aside as low- and moderate-income housing rental units, the Haverhill Board of Appeals (as SPGA for projects of six units or fewer) may grant a numerical equivalent density bonus of up to 25% more units than normally allowed in the applicable zoning district. In no case can the unit density bonus exceed 25%.

Timing. If the project is built in phases, a proportionate share of low- and moderate-income units shall be built in each phase.

Designated housing entity. Cash payments received under the provisions of this section shall be paid into a designated housing entity, to be established by the City. This entity shall be used, at the discretion of the Mayor, with the approval of the City Council, to increase the supply of affordable housing in Haverhill.

Any of the above requirements for affordable housing may be waived by application to the City Council. Said applications shall only be granted for reasons of general and/or site-specific economic conditions which make the imposition of these requirements overly burdensome and not in the best interests of the City.

[Added 1-31-2012 by Doc. 117-B/11]

§ 255-98 Procedure to obtain special permit for construction of multifamily dwelling units, cluster residential developments, residential subdivisions in Watershed Protection Overlay District or planned unit developments.

[Amended 8-8-1972 by Doc. 197]

Application for permit.

(1)

An application for a special permit when required by this chapter to construct multifamily dwelling units, cluster residential developments, residential subdivisions in the Watershed Protection Overlay District or planned unit developments shall be submitted to the City Clerk's office with a complete set of plans as stipulated by § 255-100. The City Clerk shall refer the application and plans to the City Council who shall refer the application and plans to the Planning Board for its review. The official date of filing shall be the date recorded by the City Clerk upon receipt of the executed forms.

[Amended 6-6-1978 by Doc. 103-C; 6-27-2000 by Doc. 79-K]

(2)

A filing fee in an amount equal to $250 or $5 per dwelling unit, whichever is greater, and any additional fee necessary to cover advertising and notice costs for both the Planning Board and City Council public hearings, as determined by the City Clerk, shall accompany the application and shall cover the costs for advertising both the City Council and Planning Board public hearings and processing of the petition. In addition to all other appropriate fees the applicant shall pay a fee of $50 for recording at the Registry of Deeds.

[Added 5-24-1983 by Doc. 69-B; amended 4-26-1988 by Doc. 77-B; 6-25-2002 by Doc. 97-C]

(3)

The City Council shall refer all requests for such permit to the Conservation Commission for a review and recommendation before the City Council shall vote on the request. Any application for permit under this section shall be accompanied by a report from the Conservation Commission setting forth a record of its action on and any recommendations as to the subject matter of the application. No application shall be considered complete without such report.

[Added 6-27-2000 by Doc. 79-K]

Upon receipt of said application, the Planning Board shall hold a public hearing on the matter and make recommendations and shall send copies thereof to the Council and to the applicant within 35 days of receipt; provided, however, that failure of the Planning Board to make recommendations within 35 days of receipt by the Planning Board of the application shall be deemed lack of opposition thereto. The City Council shall hold, upon receipt of said application, a public hearing on the matter within 65 days after filing of the application with the City Clerk. Both the Planning Board and the City Council shall cause notice of the time and place of their respective public hearings by publication, posting and mailings to all parties in interest, as provided for in § 255-101 of this chapter.

[Amended 6-6-1978 by Doc. 103-C]

The City Council shall act within 90 days following a public hearing for which notice has been given, as provided in § 255-101. Failure by the Council to take final action upon an application for a special permit within 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for. Special permits issued by the Council shall require a two-thirds vote of its membership.

[Amended 6-6-1978 by Doc. 103-C]

Upon approval of said special permit by the City Council, the applicant shall submit a definitive plan to the Planning Board as specified in the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill, Massachusetts. (See also § 255-67, Other approvals required.)

[Amended 3-13-1979 by Doc. 299-C]

Special permits granted under this section shall lapse within one year, and including such time required to pursue or await the determination of an appeal referred to in § 255-84, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.

[Added 6-6-1978 by Doc. 103-C]

§ 255-99 Procedure to obtain special permit for conversion of existing multifamily dwelling units to condominium or cooperative form of ownership.

[Added 12-10-1985 by Doc. 162-A; amended 6-24-1986 by Doc. 111-B]

No building or unit in a building which has been used, in whole or in part, for residential purposes within one year of the submission of the same to the provisions of Chapter 183A or Chapter 157 of the General Laws shall be so submitted without the obtaining of a special permit from the City Council. Any unit or building already so submitted shall be affected by this section and shall not be conveyed as a condominium unit or cooperative unit without the obtaining of a special permit from the City Council unless:

(1)

It was built as a condominium or cooperative unit pursuant to a special permit previously issued by the City Council; or

(2)

It has already been conveyed in conformity with the provisions of Section 5C of said Chapter 527.[1]

[1]

Editor's Note: Said "Chapter 527" refers to Chapter 527 of the Acts and Resolves of 1983.

Such special permit shall be applied for and granted under the terms of Chapter 255, the Zoning Ordinance of the City of Haverhill.

In making the findings set forth in § 255-80F(3) of the City Code, the City Council shall consider:

(1)

The impact of the conversion on the stock of affordable rental housing in the City.

(2)

The availability of condominium and/or cooperative units in the City.

(3)

The impact of the conversion on the current tenants in the building.

(4)

The impact of the conversion on the physical integrity of the building, its financial viability as rental housing and the ability of the owner of the property to properly rehabilitate the building where necessary.

(5)

The potential for relocating the tenants to comparable housing within the City.

(6)

The age, physical condition, financial situation and length of tenancy of the tenants.

The findings required in § 255-80G shall not be required. Any expansion of an existing unit as to dimensions of the building or number of units in the building and related parking shall be governed by the applicable provisions of the Zoning Ordinance without regard to the form of ownership of the building.

Any owner of residential property converted to the condominium or cooperative form of ownership shall assist all tenants in relocating comparable housing within the City which rents for a sum equal to or less than the sum which any tenant had been paying for the housing unit occupied at the time of the receipt of notice of conversion authorized by Section 4 of said Chapter 527. The failure of the owner of such residential property to find such substitute housing shall extend the period of the notice for up to an additional three years.

All other provisions of said Chapter 527 shall govern all matters not specifically set forth herein.

There is exempted from this section any building exempted under the terms of said Chapter 527 and any building containing six or fewer units of residential housing.

§ 255-100 Preliminary plan requirements for cluster residential development, multifamily dwellings or planned unit development.

[Amended 6-10-1992 by Doc. 52-C]

A complete set of plans shall be submitted in accordance with § 255-80D and E.

§ 255-101 Public hearing notices.

[Added 6-6-1978 by Doc. 103-C]

In all cases where notice of a public hearing is required, notice shall be given by publication in a newspaper of general circulation in the City once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in City hall for a period not less than 14 days before the day of such hearing; the day of the hearing is not to be included in the 14 days. In all cases where notice to individuals or specific boards or other agencies is required, notice shall be sent by mail, postage prepaid. "Parties in interest" as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another City or town, the planning board of the City or town and the planning board of every abutting City or town.

[Amended 12-18-1979 by Doc. 270-C]

The Assessors maintaining any applicable tax list shall certify to the Board of Appeals, City Council or Planning Board, as necessary, the names and addresses of parties in interest, and such certification shall be conclusive for all purposes. The Board of Appeals, City Council or Planning Board may accept a waiver of notice from or an affidavit of an actual notice to any party in interest or, in his stead, any successor owner of record who may not have received a notice by mail and may order special notice to any such person, giving not less than five nor more than 10 additional days to reply.

Publications and notices required by this section shall contain the name of the petitioner, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises which is the subject of the petition, the date and place of the public hearing, the subject matter of the hearing and the nature of action or relief requested, if any. No such hearing shall be held on any day on which a state or municipal election, caucus or primary is held in the City.

§ 255-102 Clerk of the Works: Buildings: cluster residential, multifamily residential, planned unit and single-family residential developments; Clerk of the Works: Roadways/Utilities: cluster residential, multifamily residential, planned unit and single-family residential developments.

[Added 8-9-1983 by Doc. 105-B[1]]

A Clerk of the Works: Building and a Clerk of the Works: Roadway/Utilities shall each be required to inspect all cluster residential, multifamily residential, planned unit and single-family residential developments requiring Planning Board approval.

The Clerks shall be considered consultants to the City, each under a consultant service contract.

The Clerk of the Works: Building shall inspect all building construction under the direction of the Building Inspector to ensure that the construction practices and materials utilized are according to any special permit and/or definitive plan conditions and local or state codes. The City shall be reimbursed for the costs of the Clerk of the Works: Building through permit fees.

The Clerk of the Works: Roadways/Utilities shall inspect all roadway utilities and drainage construction under the direction of the City Engineer and the Director of Public Works to ensure the use of proper construction practices and that materials are utilized according to any definitive plan and/or permit conditions and local and state codes.

The City shall be reimbursed on a monthly basis by the developer for the full cost of inspection by the Clerk of the Works: Roadway/Utilities including the cost of retaining said Clerk during a slack construction period. An hourly rate for inspections and payments shall be determined from time to time by the City Council and Mayor.

A minimum of eight weeks and a maximum of 12 weeks prior to the start of construction, the developer shall notify the City Engineer of the intended date for commencement of construction. The developer shall be notified at that time of the hourly rate for inspections which shall be applicable to the project for the ensuing 12 months. At the end of each twelve-month period, the rate shall be adjusted to the then established rate.

The developer shall pay the City the full cost of the Clerk's inspections for each thirty-day inspection period. The City Engineer, at the close of each thirty-day period, shall send a written billing statement to the developer specifying the number of inspection hours and dollar amount expenses incurred. All amounts shall be due on the date of billing. Any unpaid amounts shall accrue interest at a rate of 14% per annum. Accrued interest shall be waived for all billing statements paid within 30 days following the date of billing.

[Amended 9-7-2010 by Doc. 92]

The developer, at the time of filing with the Planning Board a request for the release of lots from the approved covenant in consideration of a proposed method of guaranteeing the construction of roadway and utilities, shall increase the performance guaranty amount by the cost of 180 hours of inspection. This amount shall remain on file and shall not be released until the completion and acceptance by the Board of all construction covered under the performance guaranty.

In the event that a developer does not request releases from covenant, he shall deposit with the City Treasurer an amount equal to 180 hours of inspection to remain on file until the completion of all roadway/utility work necessary to service those lots for which building permits have been issued. This amount shall be returned to the developer upon completion and acceptance by the Board of the required construction.

The City Treasurer shall provide written acknowledgment to the City Engineer and Planning Board upon receipt of any deposit/payment by a developer.

A developer's failure to deposit/pay the required inspection costs shall cause outstanding building permits to be suspended, and no new permits or revocation of any suspended permit shall be issued until the account is brought up-to-date.

Any special permit previously issued for a cluster residential, planned unit or multifamily development, having as a condition for the permit the requirement to have a Clerk of the Works as noted under §§ 255-92.1 and 255-92.2 proposed herein to be deleted,[2] shall be governed by the requirements proposed herein upon the effective date of this section.

[2]

Editor's Note: Said sections were repealed 8-9-1983 by Doc. 105-B.

[1]

Editor's Note: This document also repealed original § 255-92.1, Clerk of the Works: single-family residential development, and § 255-92.2, Clerk of the Works: cluster residential development, planned unit development, multifamily residential development and single-family residential development, both of which were added 10-14-1980 by Doc. 170-C.