[Amended 6-10-1980 by Doc. 89-C]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
A.
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]
B.
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.
C.
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.
D.
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.
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.)
A.
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.
B.
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.
C.
Provision for temporary and permanent drainage of
the site.
D.
Regrading of all or parts of the slopes resulting
from such fill.
E.
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.
F.
Submission of a plan for lighting if night operation
is contemplated.
G.
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.
[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.
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:
A.
The use will occupy a structure that existed at the
time of passage of this chapter.
B.
There are no exterior alterations that would serve
to change the character of the structure or the neighborhood.
C.
All other restrictions relating to the respective
use and district (i.e., parking, signs, etc.) shall be complied with.
D.
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.
[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.
A.
The building must retain its characteristically single-family
appearance.
B.
A separate main entrance may not be constructed, facing
the lot frontage.
C.
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.
D.
The conversion must occur entirely within the existing
footprint of the building.
E.
The single-family home must be owner-occupied with
no separate electric or heating services provided to the accessory
apartment.
F.
The Board of Health must certify that any existing
potable water and sanitary waste disposal system is adequate to support
a second living unit.
[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.)
A.
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]
B.
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.
C.
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]
D.
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]
E.
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.
F.
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.
G.
Buildings shall be limited to the maximum height of
the underlying district.
[Amended 6-10-1992 by Doc. 52-C]
H.
The development shall be served by both a public water
and public sewerage system.
I.
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.
J.
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]
K.
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]
L.
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]
[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.
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.
B.
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)
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.
(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)
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]
(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]
[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Public water and sewer. A campus area development
shall be served by both a public water and public sewerage system.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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:
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"D.
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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.)"
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L.
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.
[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.)
A.
The proposed development must conform to the respective requirements of Article VI (Table 2: Table of Dimensional and Density Regulations).
B.
The development shall be served by both public water
and sewerage systems.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
[Added 6-27-2000 by Doc. 79-J]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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%.
H.
Timing. If the project is built in phases, a proportionate
share of low- and moderate-income units shall be built in each phase.
I.
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.
J.
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]
[Amended 8-8-1972 by Doc. 197]
A.
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]
B.
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]
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]
D.
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]
E.
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]
[Added 12-10-1985 by Doc. 162-A; amended 6-24-1986 by Doc. 111-B]
A.
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
B.
Such special permit shall be applied for and granted under the terms of Chapter 255, the Zoning Ordinance of the City of Haverhill.
C.
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.
D.
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.
E.
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.
F.
All other provisions of said Chapter 527 shall govern
all matters not specifically set forth herein.
G.
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.
[Amended 6-10-1992 by Doc. 52-C]
[Added 6-6-1978 by Doc. 103-C]
A.
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]
B.
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.
C.
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.
[Added 8-9-1983 by Doc. 105-B[1]]
A.
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.
B.
The Clerks shall be considered consultants to the
City, each under a consultant service contract.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
H.
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.
I.
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.
J.
The City Treasurer shall provide written acknowledgment
to the City Engineer and Planning Board upon receipt of any deposit/payment
by a developer.
K.
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.
L.
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.
