Town of Blackstone, MA Special Regulations

[Added by 9-19-1979 STM, Art. 9; amended by 4-7-1980 ATM, Art. 20; 10-18-2011 STM, Art. 5]

The Flood Hazard District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Blackstone designated as Zones A and AE on the Worcester County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Worcester County FIRM that are wholly or partially within the Town of Blackstone are panel numbers 25027C1030E, 25027C1033E, 25027C1034E, 25027C1037E, 25027C1039E, 25027C1041E, 25027C1042E, 25027C1043E, 25027C1044E, and 25027C1055E dated July 4, 2011. The exact boundaries of the District may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 4, 2011. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

Permitted uses. The following uses are of low flood damage potential and cause no obstructions to flood flows and are therefore encouraged, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

(1)

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

(2)

Forestry and nursery uses;

(3)

Outdoor recreational uses, including fishing, boating, play areas, etc.;

(4)

Conservation of water, plants and wildlife;

(5)

Wildlife management areas, foot bicycle and/or horse paths;

(6)

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;

(7)

Buildings lawfully existing prior to the adoption of these provisions.

Base flood elevation and floodway data.

(1)

Floodway data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in the floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2)

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

Notification of watercourse alteration. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:

(1)

Adjacent communities;

(2)

Bordering states;

(3)

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104;

(4)

NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110.

Reference to existing regulations.

(1)

The District is established as an overlay district to all other districts. All development in the District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:

(a)

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR) which address floodplain and coastal construction;

(b)

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

(c)

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

(d)

Minimum requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

(2)

Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

Other use regulations.

(1)

In Zone AE, along watercourses that have a regulatory floodway designated within the Town of Blackstone on the Worcester County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2)

All subdivision proposals must be designed to assure that:

(a)

Such proposals minimize flood damage;

(b)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

(c)

Adequate drainage is provided to reduce exposure to flood hazard.

§ 123-20 Accessory uses.

Home occupations. Customary home occupations are permitted if conforming to the following conditions:

(1)

No more than 25% of the floor area of the residence shall be used for the purpose of the home occupation.

(2)

Not more than one person not a member of the household shall be employed on the premises in the home occupation.

(3)

There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building other than a sign not to exceed two square feet in area.

(4)

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced (see § 123-16).

(5)

Traffic generated shall not exceed volumes normally expected in a residential neighborhood.

(6)

Parking generated shall be accommodated off-street, other than in a required front yard.

(7)

An occupancy permit shall be applied for and issued by the Selectmen for such use.

Fence regulations.

[Added by 9-25-1975 STM, Art. 7]

(1)

No fence, wall or hedge shall exceed six feet in height.

(2)

No portion of an opaque fence located within 25 feet of a street right-of-way shall exceed three feet in height unless located to the rear of the front line of a building on the same lot.

(3)

Compliance with Subsection B(1) and (2) may be waived by the Board of Appeals through issuance of a special permit. Such special permit may only be granted upon determination by the Board of Appeals that construction of the proposed fence, wall or hedge would not create hazard, unreasonably obstruct vision or otherwise be detrimental to the public interest and would not deviate from the intent of Subsection B(1) and (2).

Swimming pools. Every outdoor swimming pool considered to be a structure, whether or not filled with water, shall be completely surrounded at all times by a fence or wall not less than 42 inches in height above grade, which may be the pool wall itself.

[Added by 12-28-1972 STM, Art. 3]

(1)

Every such fence or wall shall be so constructed as to not have openings, holes or gaps larger than four inches in any dimension except for door, gates and picket fences; in the latter case, however, the gaps between pickets shall not exceed four inches.

(2)

All gates or doors opening through such enclosures shall be of not less than 42 inches in height and shall be equipped with a self-closing and self-latching device located at least 42 inches above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept latched at all times when the swimming pool is not in use, and any ladders removed.

(3)

A natural barrier, hedge, pool cover or other protective device approved by the zoning agent may be used in lieu of a fence or wall so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.

Accessory scientific uses. The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.

[Added by 1-9-1978 STM, Art. 5]

Accessory apartments. The Planning Board may grant special permits for accessory apartments where so indicated in § 123-11, Use Schedule, if they conform to the following:

[Added by 5-30-2006 ATM, Art. 23]

(1)

Either the primary single-family dwelling or the proposed accessory apartment must be owner-occupied, except for temporary absences of no more than 12 consecutive months.

(2)

The accessory apartment shall occupy no more than 40% of the building floor area on the lot, and its creation shall involve no more than a five-percent increase in the gross floor area of the building in which it is located.

(3)

All stairways to upper floors shall be enclosed within the exterior walls of the dwelling.

(4)

If the dwelling is not to be served by both Town water and Town sewerage, then the applicant must document that the Board of Health has determined that provisions for water and sewage disposal will upon occupancy be adequate for the anticipated number of inhabitants.

(5)

While adding an accessory apartment does not require additional lot area or frontage, it does require that a total of at least three parking spaces be provided to service the primary dwelling plus the accessory apartment.

(6)

The special permit shall be approved, provided that the proposal satisfies Subsection E(1) through (5) above and that the Planning Board determines that there will be net benefits to the community through the proposed housing provision and the design of the proposal, after consideration of the following:

(a)

The importance of the benefit resulting from serving either a community housing need or a special need of potential occupants.

(b)

The consistency of the design of any exterior construction or alteration, if any, with the design of existing structures on the site and in the neighborhood.

(c)

How well any site alterations to accommodate parking or building expansion avoid damage to natural resources, to privacy and sunlight on abutting premises, to the character of the neighborhood, and to safety.

§ 123-21 Mobile homes, trailers and campers.

No mobile home, trailer or camper shall be used for permanent residence.

As an accessory use, a mobile home may be stored, and following issuance of a zoning permit by the Selectmen a mobile home, trailer or camper may be occupied by visitors for not more than 30 days in any successive twelve-month period, or for a period not exceeding six months during the erection of a permanent dwelling on the same premises, provided that it is so placed on the lot as to meet minimum yard requirements.

A trailer or camper may be regularly stored accessory to a permitted use, provided that it is so located on the lot as to meet minimum yard requirements, and may be parked anywhere on the premises for loading or unloading purposes.[1]

[1]

Editor's Note: Original Section 4400, Cluster Development, added by 6-5-1972 STM, Art. 5; amended by 1-9-1978 STM, Art. 5, which immediately followed this section, was repealed by 4-28-1986 ATM, Art. 40.

§ 123-22 Conversion of a municipal building.

[Added by 9-20-1982 STM, Art. 5]

A building or portion of a building then or formerly in municipal use may be converted from that use to multifamily dwellings, business or professional office or other business use not involving retail sales, provided that if the use is not allowed outright at that location, the following shall apply. A special permit must be obtained from the Board of Appeals, subject to the criteria of § 123-4C and subject to the following.

Any building additions shall not increase lot coverage by more than 5% of lot area.

Off-street parking must be provided to meet the requirements of § 123-15.

In the case of multifamily dwellings, lot area plus contiguous land dedicated to public recreation or conservation use must equal at least 5,000 square feet per dwelling unit.

§ 123-23 Multifamily dwellings.

[Added by 9-24-1984 STM, Art. 1; amended by 11-19-1984 STM, Art. 1; 4-28-1986 ATM, Art. 10; 4-28-1986 ATM, Art. 40]

Submittals. Applicants for a special permit for multifamily dwellings shall simultaneously file for site plan review, as provided at § 123-2C. In addition to the information required there, the following shall also be submitted:

(1)

Ground floor plan, sections and elevations of all proposed buildings.

(2)

Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure; any subsidies anticipated; rent or sales prices including any commitments for price ceilings; methods of water supply and sewage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the Town's expense; and means, if any, of providing for design control.

(3)

Analysis of the consequences of the proposed development, evaluating the following impacts at a level of detail appropriate to the number of units proposed.

(a)

Natural environment: ground water and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats.

(b)

Public services: traffic safety and congestion, need for water or sewer system improvements, need for additional public recreation facilities, need for additional school facilities.

(c)

Economics: municipal costs and revenues, local business activity, local jobs.

(d)

Social environment: rate of Town population growth, range of available housing choice.

(e)

Visual environment: visibility of buildings and parking, visual compatibility with existing development in the area.

(4)

In the case of proposals for 30 or more dwelling units, a site analysis shall also be submitted, consisting of a series of site analysis drawings at the same scale as the site plan, each on a separate sheet, indicating analysis of hydrologic considerations, vegetative cover, slope and land form, soils and geology and such other characteristics as the applicant deems advisable.

(5)

If involving more than 10 dwelling units, a phasing schedule, to be acted upon under § 123-14, Phasing of development.

[Added by 5-27-2008 ATM, Art. 19]

Locational requirements.

(1)

Multifamily dwellings must be so located as to allow connection to the municipal sewerage system at the time of construction.

(2)

Multifamily dwellings must be so located that the traffic they are projected to generate will not increase average daily traffic by more than 10% on any existing street.

(3)

Egress from multifamily developments of 24 or more dwelling units must be so located that there is at least 250 feet visibility in each travel direction at the curb line.

Intensity of use requirement The following shall apply to multifamily dwellings instead of the requirements of § 123-13.

(1)

Minimum lot area per dwelling unit shall equal 30% of the required lot area for a single-family dwelling at that location plus 10% of that required lot area per bedroom. (e.g., a two-bedroom dwelling unit requires 30% plus 10% plus 10% or 50% of the lot area required for a single-family dwelling.)

(2)

Minimum lot frontage and maximum lot coverage shall be as required at § 123-13.

(3)

Front, side and rear yards shall be as required at § 123-13, except that front yard shall be not less than twice building height and side and rear yards shall be not less than building height, if more restrictive than the underlying requirement. No parking area for more than two cars shall be located within a required yard unless that yard abuts a lot committed to multifamily use.

Site design requirements.

(1)

Requirements of § 123-2C(3) shall apply.

(2)

Light intrusion shall be controlled by having no building floodlighting, and by having lighting for drives and parking areas employ shielded fixtures mounted not more than 15 feet high.

Building design requirements.

(1)

No structure shall contain more than 12 dwelling units.

(2)

Not more than four dwelling units shall be served from a single building entrance.

(3)

No building shall exceed 200 feet in length, 32 feet in height, or have an unbroken roof area of more than 2,000 square feet.

(4)

No occupied floor shall be below grade at its entire perimeter.

Decision. In deciding on a special permit for multifamily dwellings, the following more detailed criteria shall be used rather than those of § 123-4C. Such special permit shall be granted only if the Planning Board determines that the proposal would have beneficial effects which overbalance any adverse impacts on the neighborhood or the Town, considering the following:

(1)

Municipal costs and revenues.

(2)

Effect on the range of available housing choice.

(3)

Service to identified housing needs.

(4)

Support for local business activity and jobs.

(5)

Impact on the natural environment, especially on ground and surface water quality and level.

(6)

Impacts on traffic safety and congestion, adequacy of water service and need for school facilities.

(7)

Impacts on the visual environment through preservation or displacement of visual assets and consistency with existing development in area.

(8)

Architectural design compatible with the local area and the nature of the Town.

§ 123-23.1 Groundwater Protection District.

[Added by 4-25-1988 ATM, Art. 7; amended by 4-29-1991 ATM, Art. 33]

Purposes. The purposes of this section are to protect public health from contamination of existing and potential public and private water supplies and to protect the general welfare by preserving limited water supplies for present and future use.

Delineation of Groundwater Protection District.

(1)

For the purposes of this section, there is hereby established within the Town of Blackstone an overlay district consisting of certain groundwater protection areas, including aquifers and recharge areas, which are delineated on the map entitled "Groundwater Protection District Map, Town of Blackstone," dated October 2011 and which shall be considered as superimposed over other districts established by the zoning bylaws of this Town. This map, as it may be amended from time to time, is on file with the office of the Town Clerk and, with any explanatory material thereon, is hereby made a part of this chapter.

[Amended by 10-18-2011 STM, Art. 4]

(2)

Where the bounds of the Groundwater Protection District, as delineated on the Groundwater Protection District Map, are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the Town may engage a professional hydrogeologist or soil scientist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.

Use regulations. Within the Water Resource District, the use requirements of the underlying zoning districts continue to apply, except that uses are prohibited or require a special permit from the Planning Board as provided in Subsections D and E below, even where the underlying district requirements are more permissive.

Prohibited uses. Within the Groundwater Protection District, the following uses are prohibited.

(1)

All uses required to be prohibited in wellhead protection zones by 310 CMR 22.21 (2)a. Generally, those are the following [see 310 CMR 22.21 (2)a, on file with the Building Inspector, for exact provisions]:

(a)

Landfills, open dumps, and sludge or septage landfills.

(b)

Auto graveyards or junkyards.

(c)

Stockpiling and disposal of snow from outside of the district, if containing ice control chemicals.

(d)

Individual sewage disposal systems designed to receive more than 110 gallons per day per 1/4 acre or 440 gallons per day on any one acre.

(e)

Sewage treatment facilities subject to 314 CMR 5.00, until such time as that regulation may be amended to specifically allow them.

(f)

Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21 and 310 CMR 30.00, except:

[1]

Very small quantity generators, as defined under 310 CMR 30.00.

[2]

Household hazardous waste centers and events under 310 CMR 30.390.

[3]

Waste oil retention facilities required by MGL c. 21, § 52A.

[4]

Remediation treatment works approved under 314 CMR 5.00.

(2)

All uses required to be prohibited in wellhead protection zones by 310 CMR 22.21 (2)b, unless designed in accordance with specified performance standards. Generally, those are the following [see 310 CMR 22.21 (2)b, on file with the Building Inspector, for exact provisions]:

(a)

Storage of sludge and septage unless in accordance 310 CMR 32.30 and 310 CMR 32.31.

(b)

Storage of ice removal chemicals, commercial fertilizers and soil conditioners unless within a structure designed to prevent generation and escape of contaminated runoff or leachate.

(c)

Storage of animal manure, unless covered or contained.

(d)

Storage of liquid hazardous materials as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with adequate secondary containment.

(e)

Earth removal to within four feet of historical high groundwater, unless regraded to a higher level within 45 days, except for excavations for building foundations or utility works.

(f)

Storage of liquid petroleum products, provided that such storage is in a freestanding container within a building or above ground with adequate secondary containment, except

[1]

Normal household use, outdoor maintenance and heating of a structure.

[2]

Waste oil retention facilities required by MGL c. 21, § 52A.

[3]

Emergency generators required by statute, rule or regulation.

[4]

Treatment works approved under 314 CMR 5.00 for treatment of contaminated ground or surface waters.

(g)

Industrial uses that discharge process wastewater on site.

(h)

Animal feedlots.

(i)

Dry-cleaning establishments.

(j)

Boat and motor vehicle service, washing and repair establishments.

(k)

Mining of land, except as incidental to a permitted use.

Special permit uses.

(1)

The following uses, unless prohibited by a specific provision of § 123-23.1D, may be permitted, but only by a special permit from the Planning Board under such conditions as the Planning Board may require:

(a)

Commercial and industrial activities permitted in the underlying district and involving the manufacture, storage, transportation or use of any hazardous material other than hazardous wastes as defined in MGL c. 21C.

(b)

Rendering impervious more than 15% of lot area or 2,500 square feet, to be approved only if using a system for artificial recharge of stormwater that will not degrade groundwater quality.

(2)

Any application for a special permit shall be made, reviewed, and acted upon in accordance with the following procedures:

(a)

Each application for a special permit shall be filed, in writing, with the Planning Board and shall contain a complete description of the proposed use together with any supporting information and plans which the Planning Board may require.

(b)

The Planning Board shall refer copies of the application to the Board of Health, Board of Selectmen, Conservation Commission and Department of Public Works, which shall review, either jointly or separately, the application and shall submit their recommendations to the Planning Board.

(c)

After notice and public hearing and after due consideration of the reports and recommendations of the local boards and departments, the Planning Board may grant such a special permit, provided that it finds that the proposed use:

[1]

Is in harmony with the purpose and intent of this section and will promote the purposes of the Groundwater Protection District.

[2]

Is appropriate to the natural topography, soils and other characteristics of the site to be developed.

[3]

Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area.

[4]

Will not adversely affect an existing or potential water supply.

Design and operations guidelines. Within the Groundwater Protection District, the following design and operations guidelines shall be observed, except for single- and two-family dwellings:

(1)

Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss through corrosion, accidental damage, spillage or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel-delivery points, secure storage areas for toxic or hazardous materials and indoor storage provisions for corrodible or dissolvable materials.

(2)

Locations. Where the premises are partially outside of the Groundwater Protection District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

(3)

Monitoring. Periodic monitoring may be required by the Building Inspector or by the Planning Board either in performing the site plan review or in acting on a special permit. That monitoring may include sampling of wastewater disposed to on-site systems or dry wells and sampling from groundwater-monitoring wells, to be located and constructed as specified by the Building Inspector or Planning Board, with reports to be submitted to the Building Inspector, the Planning Board, the Department of Public Works and the Board of Health. The costs of monitoring, including sampling and analysis, shall be borne by the owner of the premises.

Violations. Written notice of any violation shall be provided by the Building Inspector to the owner of the premises, specifying the nature of the violation and specifying a time for compliance, including cleanup of any spilled materials. The time allowed shall be reasonable in relation to the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance. The costs of achieving compliance shall be borne by the owner of the premises or, if uncollectable from the owner, by the responsible occupant.

§ 123-23.2 Village Overlay District.

[Added by 4-25-1994 ATM, Art. 22]

Purposes. The purposes of the Village Overlay District are to facilitate new investment within the district, to build pedestrian-scale convenience and amenity, to meet housing needs, to serve entrepreneurial interests of Blackstone residents and to protect and enhance the village heritage.

Village-compatible development. Applicants for development within the Village Overlay District may choose to develop subject to the alternative use and dimensional regulations of Subsections C and D, rather than those normally applicable, provided that the Planning Board grants the development proposal a special permit for village-compatible development upon its determination that the proposal is consistent with one or the other of the following:

[Amended by 5-31-2005 ATM, Art. 37]

(1)

The development proposed is an alteration or addition to an existing structure, increasing the total floor area by up to 50% above that existing on the premises as of January 1, 1994; or

(2)

The Planning Board finds that the building as proposed would be compatible with development within a comparison area consisting of all lots abutting the premises in question plus all lots in whole or part within 300 feet of the boundary of the premises. That determination is to be based upon compliance with the following, unless the Planning Board finds that, owing to peculiarities of the location or of the proposed building but not found generally in the District, the proposal would on balance advance the purposes of the Village Overlay District despite noncompliance with one of more of the following standards, or conversely finds that despite compliance with these standards the proposal would not on balance advance the purposes of the Village Overlay District:

(a)

Any proposed buildings are in scale with those existing within the comparison area, which means:

[1]

The total floor area proposed to be on the premises is to be no more than 1/4 greater than the total floor area existing on at least one lot within the comparison area; and

[2]

The ratio of total floor area (as proposed) to total lot area is to be no more than 1/4 greater than the ratio existing on at least one lot within the comparison area; and

[3]

The maximum building height is to be no more than 10% greater than the tallest building existing within the comparison area and no less than 2/3 that of the lowest building existing within that area.

(b)

The site design is consistent with that of the comparison area and abutting premises, which means:

[1]

The building is proposed not to be separated from the street line except by a landscaped yard and usual walks and drives; and

[2]

If abutting properties to the left and right both have some physical definition of the street line (such as walls, fences, hedges, or building location at the street line) development on the premises in question is proposed to also provide some physical street line definition; and

[3]

The location of parking facilities relative to the principal building is consistent with that found on the majority of developed lots within the comparison area.

Use regulations. Within the Village Overlay District, the use requirements of § 123-11, Use schedule, for the underlying districts shall continue to apply, except that

[Amended by 5-28-2013 ATM, Art. 30]

(1)

multifamily dwellings may be allowed on special permit from the Planning Board; and

(2)

within the Commercial "C" District portion, a mix of uses may be allowed without regard to Subsection F of § 123-12

provided that in both cases the development is determined to be village-compatible as specified in Subsection B above.

Dimensional regulations. For village-compatible development as specified in Subsection B above, the following dimensional regulations shall apply rather than those of § 123-13.

[Amended by 5-30-2006 ATM, Art. 22; 5-28-2013 ATM, Art. 30]

Minimum lot area		7,500 square feet^a
Minimum lot frontage		70 feet
Minimum front yard		20 feet^b
Minimum side or rear yard:
	At Village Overlay Boundary	15 feet
	Elsewhere	8 feet
Maximum lot coverage		40%

	NOTES:
	^a Except not less than 5,000 square feet per dwelling unit for two-family or multifamily dwellings in the R-1 portion of the overlay district.
	^b Except that the front yard need not be larger than the average of the front yards provided on lots adjoining it on the same street, with a vacant lot considered to have a front yard of 20 feet.

Conforming and grandfathered lots. By-right development on lots that comply with the dimensional requirements of the underlying district and those lots grandfathered for single- and two-family dwellings under MGL c. 40A, § 6, shall be subject to the site design standards of Subsection B as determined by site plan review by the Planning Board.

[Added by 5-30-2017 ATM, Art. 20]

§ 123-23.3 Earth removal.

[Added by 5-27-1997 ATM, Art. 9]

Purpose. Earth removal must meet the requirements of Chapter 109, Soil Removal, of the Code of the Town of Blackstone in addition to meeting the requirements of the Zoning Bylaw. The purpose of this section is to provide a procedure for the determination of whether given locations are suitable for certain earth removal activities.

Procedure. Upon their receipt by the Selectmen, a copy of earth removal special permit application materials shall be forwarded to the Planning Board. Within 35 days of receiving the materials, the Planning Board shall review them and submit a report with recommendations to the Selectmen, as provided in MGL c. 40A, § 11. If the decision of the Selectmen is inconsistent with the recommendation of the Planning Board, the Selectmen shall explain the reasons for the inconsistency to the Planning Board in writing.

Criteria. Special permits are to be approved by the Board of Selectmen only if it finds that the criteria of § 123-4C are met and that the location of the proposed activity relative to dwellings, means of access, environmental resources likely to be displaced by the operation and natural buffering through topography and vegetation assure that environmental and residential disturbance will meet the performance standards of § 123-16 of the Zoning Bylaw and Chapter 109, Soil Removal, of the Code of the Town of Blackstone and that any other environmental or residential impacts will be small.

§ 123-23.4 Personal wireless service facilities.

[Added by 5-31-2005 ATM, Art. 38]

Purpose. This section regulates personal wireless service facilities within the Town for the following purposes:

(1)

To protect the scenic, historic, environmental and natural or man-made resources of the Town;

(2)

To protect property values;

(3)

To minimize any adverse impacts on the residents of the Town (such as attractive nuisance, noise and falling objects) or on the general safety, welfare and quality of life in the community;

(4)

To minimize the total number and height of towers located within the community through, among other things:

(a)

Encouraging the use of existing structures and towers wherever appropriate; and

(b)

Requiring tower sharing and clustering of wireless communications facilities where they reinforce the other purposes and objectives in this section.

(5)

To accomplish those purposes through:

(a)

Providing standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of wireless communications facilities; and

(b)

Providing a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify wireless communications facilities; and

(c)

Acting consistent with the Federal Telecommunications Act of 1996.

Applicability. Special permits may be granted for personal wireless service facilities as defined in § 123-24 only in accordance with the standards and criteria below. However, facilities erected and maintained by the Town of Blackstone for the exclusive use of schools, public works, emergency and safety services, and facilities, such as satellite dishes of less than one-meter diameter, preempted from local control by the Federal Telecommunications Act, do not require special permits and are not subject to the following restrictions.

Site location. The Town's priorities for siting wireless communications facilities are as follows, in descending order. Applicants shall document that they have investigated locations higher in priority ranking than the one for which they are applying, indicating whether sites are available within those higher-ranked categories and, if so, under what conditions.

(1)

Concealed within an existing structure so as not to be visible from outside the structure, achieved without damage to historic features of the structure or its context.

(2)

On an existing building but not damaging important historic features of it, or on an existing structure such as an electric transmission tower or water tower, in either case camouflaged through location, design, color, or other means to resemble a compatible architectural feature or other element of the primary structure.

(3)

Co-located with existing wireless communications facilities.

(4)

On Town-owned land which complies with other requirements of this section and where visual impact can be minimized and mitigated;

(5)

On other sites so located that the following are satisfied for the area within a radius equal to four times the height of the tower:

(a)

No portion of an historic district established under MGL c. 40C or a district on or eligible to be on the National or State Register of Historic Places lies within that area.

(b)

No portion of a Town-designated scenic road passes through that area.

(c)

The area is not a densely settled residential or mixed-use one, evidenced by having no more than five existing principal buildings used as dwellings, churches, schools, or similar nonbusiness uses located in whole or in part within that area.

(d)

The area is a low visibility one, meaning that no major arterial, arterial, or collector street (as classified in the Blackstone Municipal Plan as most recently approved by the Planning Board) passes within it.

Design requirements.

(1)

Height. The height of personal wireless service facilities shall comply with the following:

(a)

Ground-mounted facilities. The height of ground-mounted personal wireless service facilities (towers or other facilities attached directly to the ground rather than onto a building or other structure) measured above average grade at the base of the tower shall be less than 200 feet or, if smaller, a height equal to 40% of the distance from the tower center to the nearest point of an existing dwelling. For example, if the nearest portion of a dwelling were 300 feet from the proposed tower base, then the maximum allowable height would be 40% of 300 feet or 120 feet.

(b)

Building-mounted facilities. Building-mounted personal wireless service facilities shall comply with the height limitations of § 123-13.3A. Personal wireless service facilities may be located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.

(c)

Location on existing structures. New antennas located on a water tower or personal wireless service facility existing on the effective date of this bylaw shall be exempt from the height restrictions of this section, provided that they do not increase the height of the existing structure. New antennas located on electric transmission and distribution towers, telephone poles and similar existing utility structures shall be exempt from the height restrictions of this bylaw, provided that there is no more than a twenty-foot increase in the height of the existing structure as a result of the installation of a personal wireless service facility.

(2)

Setbacks.

(a)

All personal wireless service structures and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the minimum distance from the center of the base of any ground-mounted personal wireless service facility to any property line shall be the height of the facility, including any antennas or other appurtenances.

(b)

In reviewing a special permit application for a personal wireless service facility, the Planning Board may reduce the required setback distance by as much as 50% if it finds that on balance visual and safety impacts will be improved through such reduction.

(3)

Security and signs. Ground-mounted communications towers shall be secured from trespass or vandalism by eight-foot-high fencing or other means approved by the Planning Board, but fencing shall not include barbed or razor wire. A sign not larger than one square foot shall be posted adjacent to the entry gate indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number, along with any other signs or notices required by state or federal agencies. Advertising on any antenna, tower, fencing, accessory building or communications equipment shelter is prohibited.

(4)

Buffering. Existing on-site vegetation shall be preserved to the degree feasible, supplemented to the extent necessary to provide dense buffering from adjacent premises and streets by both trees and understory growth. Security fencing shall be screened by a landscaped buffer of evergreen plantings having a mature height at least equal to the fence height.

(5)

Tower design. New towers are to be monopole (single shaft without guy wires) type unless the applicant documents to the satisfaction of the Planning Board that an alternative would better serve the objectives of minimizing visual intrusion and adequately protecting safety.

(6)

Co-location capacity. New towers are to be designed to accommodate facilities for at least six wireless communications carriers, and the owner/applicant shall allow co-location for such carriers under fair-market leases without discrimination against other wireless service providers.

(7)

Accessory buildings. Shelters and other accessory buildings shall be located and designed to minimally intrude into or depart from the character of the environs, including use of underground facilities where feasible. Consistency with the appearance of buildings in the vicinity shall include use of gable roofs with eave heights averaging not more than 20 feet above grade and exterior wall appearance being that of wood.

(8)

Interconnections. To the extent technologically feasible, all network interconnections from the facility shall be via land lines.

(9)

Noise impact. Noise levels shall not exceed eight db(A) above ambient L₉₀ levels measured at any property line or the nearest residence, exclusive of noise from construction, maintenance, and emergency alarms, and shall not result in tonal sounds [sounds in an octave band level exceeding the levels in adjacent bands by three db(A) or more] or in impulsive noise [noise which repetitively varies more than five db(A) more than 10 times in an hour].

Procedure. Special permits for personal wireless service facilities shall require justification of need for the facility, approval of the location, and approval of the project design and other provisions.

(1)

Justification of need. In applying for determination of justification of need, the applicant shall submit the following:

(a)

A map of the geographic area in which the proposed facility will provide coverage that is adequate as expected by the FCC, locating existing or pending facilities in and abutting the Town, indicating those in which the applicant has a legal or equitable interest, whether by ownership, leasehold or otherwise.

(b)

Written documentation of any facility sites in the Town and in abutting towns in which the applicant has a legal or equitable interest, whether by ownership, leasehold or otherwise. Said documentation shall demonstrate that these facility sites do not already provide adequate coverage, or do not have the potential to do so by site adjustment.

(c)

Written documentation that the applicant has investigated all facility sites located in the Town and in abutting towns in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage.

(d)

Written documentation that the proposed facility uses the least disruptive technology (through the use of repeaters or other similar technology as it may be developed subsequent to adoption of this bylaw) in which it can provide adequate coverage in conjunction with all facility sites listed above.

(2)

Location approval. In applying for location approval, the applicant shall submit the following:

(a)

Mapping and other graphic material documenting justification for the location selection in light of the Town's location priorities outlined at § 123-23.4C, and illustrating coverage adequacy.

(b)

Visual evidence of the visibility and appearance of any proposed tower through photo simulation from locations selected by the Planning Board.

(c)

Technical reports from qualified professional engineers describing:

[1]

The technical, economic and other reasons for the facility height and location.

[2]

The capacity of the facility, including the number and types of transmitters and receivers it can accommodate and the basis for the calculations of the capacity.

[3]

The basis for determining that the proposed facility location and design uses the least disruptive technology in which it can reasonably provide adequate coverage.

[4]

The basis for determining that the proposed technology and location are the safest and least intrusive to the vicinity that is currently feasible.

[5]

How the proposed facility complies with all applicable federal and state standards.

(3)

Project design. In applying for project design approval, the applicant shall submit the following:

(a)

All information required under the site plan requirements of § 123-2C.

(b)

Written statements of compliance with, or exemption from, the regulations of all federal and state agencies governing personal wireless facilities or uses, including, but not limited to, the FAA, FCC, Massachusetts Aeronautics Commission, and Massachusetts Department of Health.

(c)

A report certified by an acoustical engineer documenting that the projected impact upon noise levels will meet the standard of § 123-23.4D(9).

(d)

For proposed ground-mounted towers, a report prepared by a certified general appraiser documenting the projected difference in real estate values resulting between these two scenarios for any existing dwellings within the six-times tower height area specified at § 123-23.4C(5):

[1]

Development of that area with the proposed communications facility plus nothing else; or

[2]

Development of that area with the maximum amount of residential development feasible under current zoning and other regulations.

(4)

Approval criteria.

(a)

A special permit shall be granted under this section only if the Planning Board finds that the projects is in harmony with the general purpose and intent of this bylaw. In addition, the Planning Board shall make all the applicable findings before granting the special permit, as follows:

[1]

That the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit;

[2]

That the applicant is not able to use existing facility sites either with or without the use of repeaters to provide adequate coverage;

[3]

That the proposed wireless service facility minimizes any adverse impact on historic resources, scenic views, residential property values, and natural or man-made resources;

[4]

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities;

[5]

That the applicant has agreed to rent or lease available space on any tower it controls within Blackstone, under the terms of a fair-market lease, without discrimination to other wireless service providers.

(b)

In granting a special permit the Planning Board may, in addition to such terms and conditions as may be specified above, impose such additional conditions and safeguards as public safety, welfare and convenience may reasonably require.

(c)

All special permit decisions by the Planning Board under this section shall be in writing and supported by substantial evidence contained in a written record, as required by the Federal Telecommunications Act and by MGL c. 40A.

(5)

Term of permit. Each special permit shall be valid for a fixed or conditional period of time as determined by the Planning Board, but not to exceed 25 years. At the end of the approved time period, the carrier shall remove the facility unless a new special permit has been approved.

(6)

Monitoring and reporting. Each carrier utilizing wireless communications facilities authorized under these provisions shall file a report with the Town every year on operational aspects of the facility, including power consumption; power radiation; frequency transmission; the number, location, and orientation of antennas; and types of services provided. With the report the application shall file a fee of $1,000 per carrier for compliance monitoring.

(7)

Expert testimony and review.

(a)

To ensure a well-informed process, the Planning Board will place important reliance on the written submittals required above. Those submittals shall be prepared by professionals who are expert on the topics which they are addressing and who, if requested by the Planning Board, will be available to provide oral testimony as well.

(b)

The applicant shall pay the reasonable costs for the Planning Board to engage independent consultants to review the application submittals.

Removal requirements. Any personal wireless service facility that ceases to perform the normal functions associated with the wireless service facility and its equipment on a continuous and ongoing basis for a period of one year shall be removed. At the time of removal, the facility owner shall remediate the site such that all wireless communications facilities that have ceased to operate are removed. If all facilities on a tower have ceased to operate, the owner shall also remove the tower (including the foundation). Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a bond or other form of financial guarantee acceptable to the Planning Board to cover the cost of removal of the facility and the remediation of the landscape.

§ 123-23.5 Wind energy facilities.

[Added by 5-31-2011 ATM, Art. 26]

Purposes. The purpose of this section is to provide for the construction and operation of wind energy facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources of the Town and provide adequate financial assurance for decommissioning. The provisions set forth in this section shall take precedence over all other sections when considering applications related to the construction, operation, and/or repair of wind energy facilities.

Applicability. This section applies to all utility-scale, on-site wind facilities, and small wind energy systems, proposed to be constructed after the effective date of this section. This section also includes building integrated wind systems, and physical modifications to existing wind facilities that materially alter the type, configuration, or size of such facilities or other equipment.

General requirements for all wind energy facilities.

(1)

Exemptions. Wind turbines constructed, reconstructed, or renovated for the primary purpose of generating power for use as part of a commercial agriculture operation shall be considered a structure pursuant to MGL c. 40A, § 3 and, therefore, shall be exempt from this section.

(2)

A permit shall be granted unless the Planning Board finds, in writing, that there is substantial evidence that:

(a)

The specific site is not an appropriate location for such use;

(b)

There is expected to be a serious hazard to pedestrians or vehicles from the use;

(c)

A nuisance is expected to be created by the use; and

(d)

Adequate and appropriate facilities will not be provided for the proper operation and maintenance of the use.

(3)

Permit needed. The following wind energy facilities shall require a special permit from the Planning Board:

(a)

Small wind - meteorological towers.

(b)

Large wind - utility-scale, on-site wind use.

(c)

Building-integrated wind.

(4)

Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind energy facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

(5)

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance satisfactory to the Planning Board in an amount, and for a duration, sufficient to cover loss or damage to persons and property occasioned by the failure of the facility.

(6)

Site control. At the time of its application for a special or building permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.

(7)

Utility notification. No wind energy facility shall be installed until evidence has been given to the Planning Board that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8)

Temporary meteorological towers (met towers). Met towers shall be permitted under the same standards as a small wind system, except that the requirements apply to a temporary structure. A permit for a temporary met tower shall be valid for a maximum of three years, after which an extension may, in the discretion of the Planning Board, be granted. Small anemometers installed directly on buildings shall not require a building or special permit.

(9)

Design standards.

(a)

Appearance, color and finish. FAA safety consideration on color and appearance should be respected. Where an applicant is seeking a nonstandard color in an area not regulated by the FAA, the permit granting authority shall have authority to regulate the color of the turbine.

(b)

Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

(c)

Signage. Signs on the wind energy facility shall comply with the requirements of the Town's sign regulations, and shall be limited to those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger as well as educational signs providing information about the facility and the benefits of renewable energy.

(d)

Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(e)

Utility connections. Reasonable efforts shall be made to locate utility connections from the wind energy facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

(f)

Appurtenant structures. All appurtenant structures to such wind energy facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

(10)

Safety and environmental standards.

(a)

Emergency services. The applicant shall provide a copy of the project summary, electrical schematic, and site plan to the local emergency services entity, as designated by the Planning Board. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the wind energy facility shall be clearly marked. The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

(b)

Unauthorized access. Wind turbines or other structures part of a wind energy facility shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as to not provide step bolts or other climbing means readily accessible to the public for a minimum height of eight feet above the ground. Electrical equipment shall be locked where possible.

(c)

Shadow/flicker. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses.

(d)

Sound. The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality noise regulations (310 CMR 7.10), unless the Department and the Planning Board agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source either increases the broadband sound level by more than 10 dB(A) above ambient, or produces a "pure tone" condition - when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. These criteria are measured both at the property line and at the nearest inhabited structure. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from DEP. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards, if required by the Planning Board. The Planning Board, in consultation with the Department, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.

(e)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and ordinances.

(11)

Monitoring and maintenance.

(a)

Facility conditions. The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. The project owner shall be responsible for the cost of maintaining the wind energy facility and any access road(s), unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

(b)

Modifications. All material modifications to a wind energy facility made after issuance of the permit shall require approval by the Planning Board as provided in this section.

(12)

Abandonment or decommissioning.

(a)

Removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the condition it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of: physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site; disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations; and stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(b)

Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Planning Board. The Planning Board shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind energy facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to exercise any remedies available under applicable law to compel such removal.

(13)

Expiration. A permit issued pursuant to this section shall expire if: (a) The wind energy facility is not installed and functioning within 48 months from the date the permit is issued; or (b) The wind energy facility is abandoned.

(14)

Violations. It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this section or with any condition contained in a permit issued pursuant to this section. Wind energy systems installed prior to the adoption of this section are exempt from the provisions hereof.

Requirements for small wind energy facilities.

(1)

Special permit required. No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the Planning Board. All such wind energy systems shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts. The construction of a small wind facility shall be permitted in any zoning district subject to the issuance of a special permit and provided that the use complies with all applicable requirements set forth in this section.

(2)

Height. Small wind turbines shall be no higher than 250 feet above the current grade of the land, as measured at the uppermost point of the rotor's swept area. A small wind turbine may exceed 250 feet if:

(a)

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;

(b)

Such excess height is necessary to prevent financial hardship to the applicant; and

(c)

The facility satisfies all other criteria for the granting of a building permit under the provisions of this section.

(3)

Setbacks. Small wind turbines shall be set back a distance equal to a minimum of 1.5 times the overall blade tip height of the wind turbine from the nearest property line and any abutting private or public way.

(4)

Setback waiver. The Planning Board may reduce the minimum setback distance as it may deem appropriate, based on site-specific considerations, or written consent of the affected abutter(s), if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

(5)

Application process and requirements. A building permit shall be required for the installation of a small wind energy system.

(a)

General required documents. The building permit application shall be accompanied by deliverables, including the following: (i) a plot plan showing property lines and physical dimensions of the subject property within two times the total height of the wind turbine from the proposed tower location; (ii) location, dimensions, and types of existing major structures on the property; (iii) location of the proposed wind system tower, foundations, guy anchors and associated equipment; (iv) the right-of-way of any public road that is contiguous with the property; (v) any overhead utility lines; and (vi) location and approximate height of tree cover.

(b)

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

(c)

One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC compliant disconnects and overcurrent devices.

(d)

Foundations for towers less than or equal to 160 feet must have blueprints or drawings signed by a professional engineer.

(e)

Foundations for towers greater than 160 feet must have blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.

(f)

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any.

(g)

The name, contact information and signature of any agents representing the applicant.

(h)

A plan for maintenance of the small wind energy facility.

(6)

Fees. The application for a special permit for a wind energy system must be accompanied by the applicable special permit fee.

Requirements for large wind energy facilities (utility and on-site projects).

(1)

Special permit. No wind energy facility over 100 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the Planning Board. The construction of a wind energy facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in the this section. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety, and environmental impacts.

(2)

Financial surety. The Planning Board may require the applicant for utility-scale wind facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal of the permitted facilities in the event the Town must remove the same. Said surety shall be in an amount and form determined by the Planning Board, but shall in no event exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The surety amount shall include a mechanism for periodic cost of living adjustment.

(3)

Height. Large wind energy facilities shall be no higher than 450 feet above the current grade of the land, provided that wind facilities may exceed 450 feet if:

(a)

The applicant demonstrates by substantial evidence that such height reflects industry standards or manufacturer recommendations for a similarly sited wind facility;

(b)

The applicant can demonstrate significant financial gain due to additional height; and

(c)

The facility satisfies all other criteria for the granting of a building permit under the provisions of this section.

(4)

Setbacks.

(a)

Large wind turbines shall be set back a distance equal to three times the overall blade tip height of the wind turbine from the nearest existing residential or commercial structure and from the nearest property line and private or public way.

(b)

The Planning Board may reduce the minimum setback distance as appropriate based on site-specific considerations, or written consent of the affected abutter(s), if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

(5)

Required supporting documentation. The applicant shall provide the special Planning Board with a description of the proposed project, which shall include:

(a)

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be: (i) name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any; (ii) the name, contact information and signature of any agents representing the applicant; and (iii) documentation of the legal right to use the wind facility site.

(b)

Technical documentation. The applicant shall, at a minimum, submit the following technical documentation regarding the proposed wind energy facility to the Planning Board: (i) wind energy facility technical specifications, including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions; (ii) tower foundation blueprints or drawings signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts; (iii) tower blueprints or drawings signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts; and (e) Electrical schematic.

(c)

Location map: utility-scale projects. The applicant shall submit to the Planning Board a copy of a portion of the most recent USGS quadrangle map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however, a copy of a zoning map with the parcel identified is suitable.

(d)

Site plan. A one inch equals 200 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following: (i) property lines for the site parcel and adjacent parcels within 300 feet; (ii) outline of all existing buildings, including purpose (e.g., residence, garage, etc.) on the site parcel and all adjacent parcels within 500 feet, including distances from the wind facility to each building shown; (iii) location of all roads, public and private, on the site parcel and adjacent parcels within the setback distance of 1.2 times the blade tip height, and proposed roads or driveways, either temporary or permanent; and (iv) Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within the setback distance of 1.2 times the blade tip height.

(e)

Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.

(f)

Location of viewpoints referenced below in Subsection E(6) and (7) of this section.

(6)

Visualizations: utility-scale projects. The Planning Board may select up to four sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy facility. View representations shall have the following characteristics:

(a)

View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g., superimpositions of the wind facility onto photographs of existing views).

(b)

All view representations will include existing, or proposed, buildings or tree coverage.

(c)

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(7)

Visualizations: on-site projects. The Planning Board may select up to three sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy facility. View representations shall have the following characteristics:

(a)

(b)

All view representations will include existing, or proposed, buildings or tree coverage.

(c)

Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).

(8)

Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility.

(9)

Compliance documents. The applicant will provide with the application:

(a)

Description of the proposed financial surety that satisfies Subsection E(2) of this section;

(b)

Proof of liability insurance that satisfies Subsection C(5) of this section;

(c)

Certification of height approval from the FAA;

(d)

A statement that satisfies Subsection C(10)(d), listing existing and maximum projected sound levels from the wind energy facility.

(10)

Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cutoff fixtures to reduce light pollution.

Requirements for building-integrated wind energy facility.

(1)

Special permit granting authority. No building-integrated wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the Planning Board. The construction of a building-integrated wind energy facility shall be permitted, subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this section. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

(2)

Required supporting documentation for building-integrated wind energy facilities. The special permit application submitted to the Planning Board must, at a minimum, include:

(a)

Analysis and design documents, completed by a structural engineer registered to practice in the Commonwealth of Massachusetts, demonstrating that the proposed building is structurally sufficient to support the permanent installation of the proposed building-integrated wind energy facility. At a minimum, the analysis should address vibration, wind load, and ice load.

(b)

Elevation drawings of the building with the building-integrated wind energy facility installed, viewed from north, south, east, and west.

(c)

Building schematic detailing point(s) of connection and associated supports for the building integrated wind energy facility.

(d)

Schematic of attachment method for connecting the building-integrated wind energy facility to the building.

(e)

Specification sheets for wind turbine and all related components (inverters, controllers, disconnects, etc.).

(f)

One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection and overcurrent devices.

Independent consultants. Upon submission of an application for a special permit, the Planning Board will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G.

§ 123-23.6 Commercial ground-mounted solar photovoltaic facilities.

[Added 5-29-2012 ATM, Art. 19]

Purposes. The purpose of this section is to promote and regulate the creation of new commercial ground-mounted solar photovoltaic installations and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations. The provisions set forth in this section shall be applied in a manner consistent with the provisions of MGL c. 40A, § 3, and shall take precedence over all other sections of the Zoning Bylaws when considering applications related to the construction, operation, and/or repair of commercial ground-mounted solar photovoltaic installations.

Applicability. This section applies to commercial ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

General requirements for all commercial solar power generation installations.

(1)

Exemptions.

(a)

Solar photovoltaic facility constructed, reconstructed, or renovated for the primary purpose of generating power for use as part of a commercial agriculture operation shall be considered a structure pursuant to MGL c. 40A, § 3, and, therefore, shall be exempt from this section.

(b)

Solar photovoltaic facilities that are otherwise exempt from local zoning provisions under MGL c. 40A, § 3, shall be exempt from this section.

(2)

Permit required. A special permit from the Planning Board shall be required for commercial ground-mounted solar photovoltaic facilities.

(3)

A special permit for a solar photovoltaic facility shall be granted unless the Planning Board finds, in writing, that there is substantial evidence that:

(a)

The specific site is not an appropriate location for such use due to the physical of topographic characteristics of the site or the proximity of the proposed solar photovoltaic facilities to other structures on or existing uses of the site or abutting parcels;

(b)

There would be a serious hazard to pedestrians or vehicles from the proposed use;

(c)

A nuisance would be created by the proposed use; or

(d)

Adequate and appropriate facilities will not be provided for the proper operation and maintenance of the proposed use.

(4)

Compliance with laws, bylaws and regulations. The construction and operation of all commercial solar photovoltaic installations shall comply with all applicable local, state and federal laws, statutes, regulations, codes and policies, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with applicable provisions of the State Building Code.

(5)

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount, and for duration, sufficient, by determination of the Planning Board, to cover loss or damage to persons and property occasioned by the failure of the facility.

(6)

Site control. At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.

(7)

Utility notification. No solar photovoltaic facility shall be installed until evidence has been provided to the Planning Board that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8)

Design standards.

(a)

Lighting. Lighting of solar photovoltaic installations shall comply with local, state and federal law and regulations. Lighting of other parts of the installation, such as appurtenant structures, shall be sufficient for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(b)

Signage. Signs on commercial ground-mounted solar photovoltaic installations shall comply with the sign bylaw. A sign consistent with the sign bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.

(c)

Advertising. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

(d)

Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be placed aboveground if required by the utility provider.

(e)

Appurtenant structures. All appurtenant structures to commercial ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever possible, structures should be reasonably shaded from view by vegetation or other buffers and/or joined or clustered to avoid adverse visual impacts.

(9)

Safety and environmental standards.

(a)

Emergency services. Upon approval of a special permit, the commercial solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire and Police Chiefs, Building Inspector and other emergency response personnel. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a contact person to be accessible for public inquiries throughout the life of the installation.

(b)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the commercial ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

(10)

Monitoring and maintenance.

(a)

Conditions. The commercial ground-mounted solar photovoltaic installation owner or operator shall maintain the solar photovoltaic facility in good condition at all times. Maintenance shall include, but not be limited to, painting, structural repairs, removal of debris and implementation of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic facilities and any access road(s), unless said roads have been accepted as public ways.

(b)

Modifications. All material modifications to a solar photovoltaic installation made after issuance of a special permit shall require approval by the Planning Board.

(11)

Abandonment or decommissioning.

(a)

Removal requirements. Any commercial ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with Subsection C(11)(b) of this section shall be removed. The owner or operator shall physically remove the installation and restore the property, as near as possible, to its pre-installation condition no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of decommissioning and provide detailed plans for removal, including protection of abutting properties, and restoration of the site, for review and approval by the Planning Board prior to the start of removal operations. Decommissioning shall consist of physical removal of all commercial ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site; disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(b)

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned if it fails to operate for more than 12 continuous months without the written consent of the Planning Board. If the owner or operator of the commercial ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of the issuance of a notice of abandonment by the Planning Board or the owner/operator's proposed date of decommissioning, the Town may enter the property and physically remove the installation. Any and all costs or expenses incurred by the Town in this regard shall be the responsibility of the owner/operator, and the Town reserves any and all rights and recourse with respect to collection thereof.

(c)

Financial surety. Owners/operators of commercial ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or other mechanism, satisfactory to the Planning Board, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form approved by the Planning Board. Such surety will not be required for municipally or state-owned facilities. The project proponent shall, upon issuance of a special permit, submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The surety shall remain in effect for the life of the facility, and shall include a mechanism for periodically adjusting removal costs due to inflation and the amount of the surety to correspond to those increasing costs.

(12)

Expiration. A permit issued pursuant to this section shall expire if:

(a)

The solar photovoltaic facility is not installed and functioning within 24-months from the date the permit is issued; or

(b)

The facility is abandoned.

(13)

Violations. It is unlawful for any person to construct, install, or operate a solar photovoltaic facility that is not in compliance with this section or with any condition contained in a permit issued pursuant to this section.

Requirements for solar photovoltaic facilities.

(1)

Special permit. No solar photovoltaic facility over 100 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the Planning Board. The construction of a solar photovoltaic facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this § 123-23.6. All such solar photovoltaic facilities shall be constructed and operated in a manner that minimizes adverse visual, safety, and environmental impacts. No special permit shall be issued for a solar photovoltaic facility for any parcel that will result in more than 25% of the total land area of an Industrial District consisting of parcels that are the site of commercial ground-mounted solar photovoltaic installations.

[Amended 5-28-2019 ATM by Art. 28]

(2)

Setbacks.

(a)

Commercial solar photovoltaic facilities shall be set back a minimum of 50 feet from the nearest property line and private or public way.

(b)

The Planning Board may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

(3)

Required supporting documentation. The applicant shall provide the special Planning Board with a description of the proposed project, which shall include:

(a)

General. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be:

[1]

Name, address, phone number and signature of the applicant, as well as all co-applicants or property owners, if any;

[2]

The name, contact information and signature of any agents representing the applicant;

[3]

Name, address, and contact information of proposed facility installer; and

[4]

Documentation of the legal right to access and use the proposed solar photovoltaic facility site.

(b)

Property lines and physical features, including roads, for the project site;

(c)

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, roadways or driveways, exterior lighting, screening vegetation or structures;

(d)

Blueprints or drawings of the solar photovoltaic installation showing the proposed layout of the system and any potential shading from nearby trees or structures;

(e)

One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

(f)

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

(g)

A site plan in compliance with the provisions of § 123-2C(2) through (5);

(h)

The project proponent shall submit a plan for the operation and maintenance of the commercial ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(i)

A list of potential dangers that may result from construction, operation and removal of the facility.

(4)

Compliance documents. The applicant will provide with the application:

(a)

Description of financial surety that satisfies Subsection C(11)(c) of this section;

(b)

Description of liability insurance that satisfies Subsection C(5) of this section;

Independent consultants. Upon submission of an application for a special permit, the Planning Board shall be authorized to retain outside consultants, pursuant to MGL c. 44, § 53G, and require that the permit applicant deposit a reasonable fee for such services.

§ 123-23.7 Marijuana establishments and marijuana retailers.

[Added by 5-27-2014 ATM, Art. 25[1]; amended 5-28-2019 ATM by Art. 27]

Purpose. This section regulates marijuana establishments and marijuana retailers for the following purposes as defined in § 123-24 (Definitions):

(1)

To provide for marijuana establishments and marijuana retailers in appropriate places and under strict conditions in accordance with Chapter 369 of the Acts of 2012 and Chapter 55 of the Acts of 2017.

(2)

To minimize the adverse impacts of marijuana establishments and marijuana retailers on adjacent properties, residential neighborhoods, schools, parks and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

(3)

To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of marijuana establishments and marijuana retailers, but shall not supersede the requirements of any host community agreement.

Applicability.

(1)

The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale trade, distribution or dispensing of marijuana is prohibited unless permitted as a marijuana establishment or marijuana retailer under this § 123-23.7.

(2)

No marijuana establishment or marijuana retailer shall be established except in compliance with the provisions of this § 123-23.7.

(3)

Nothing in this bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

(4)

If any provision of this section or the application of any such provision to any person or circumstance shall be invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

Eligible locations for marijuana establishments and marijuana retailers.

(1)

Marijuana establishments may be allowed by special permit from the Blackstone Planning Board in the Industrial Zoning District provided the facility meets the requirements of this § 123-23.7.

(2)

Marijuana retailers may be allowed by special permit from the Blackstone Planning Board in the Commercial or Industrial Zoning Districts.

(3)

Marijuana retailers may also be allowed in an R-1 or R-2 District by special permit from the Blackstone Planning Board, but only for sites that abut a Commercial or Industrial District and that have previously been used for commercial purposes.

General requirements and conditions for all marijuana establishments and marijuana retailers.

(1)

A medical marijuana facility shall not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

(2)

No marijuana establishments and marijuana retailers shall be located within 500 feet of a public or private school or within 200 feet of a library, church, child-care facility, park or playground. Distances shall be measured from the property line of the proposed use or from a line 100 feet from the building in which the use is located, whichever is less.

(3)

No marijuana establishment and marijuana retailers shall be located inside buildings containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.

(4)

Signage for the medical marijuana facility shall include the following language: "Registration card issued by the Massachusetts Cannabis Control Commission required." The required text shall be a minimum of two inches in height.

(5)

Marijuana establishments and marijuana retailers shall provide the Blackstone Police Department, Building Inspector and the special permit granting authority with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment.

Special permit requirements.

(1)

Marijuana establishments and marijuana retailers shall only be allowed by special permit from the Blackstone Planning Board in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations.

(2)

The proposed marijuana establishment or marijuana retailer shall meet the special permit criteria of § 123-4.

(3)

In addition to the application requirements set forth in Subsections D and E of this bylaw, a special permit application for a marijuana establishment or marijuana retailer shall include the following:

(a)

The name and address of each owner of the facility;

(b)

The following information may be provided in the form of copies of the applicant's submittal to the Cannabis Control Commission for authorization to operate the proposed facility:

[1]

Evidence of the applicant's right to use the site of the marijuana establishment or marijuana retailer, such as a deed or lease;

[2]

If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

[3]

A certified list all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the Town and certified by the Town Assessor;

[4]

Proposed security measures for the marijuana establishment or marijuana retailer, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

(c)

For marijuana cultivation or grow facilities, the following additional requirements shall apply:

[1]

Proposed odor mitigation plan, including floor plans indicating locations of odor mitigation equipment. Odor mitigation equipment shall be state-of-the-art equipment to the maximum extent practicable. Such odor mitigation plan shall be subject to peer review by a qualified marijuana odor mitigation consultant.

[2]

Proposed noise mitigation plan for mechanical equipment. Noise mitigation facilities shall be state-of-the-art to maximum extent practicable. The plan must document compliance with Massachusetts Department of Environmental Protection standards for noise.

(4)

Mandatory findings. The special permit authority shall not issue a special permit for a marijuana establishment or marijuana retailer unless it finds that:

(a)

The facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;

(b)

The facility demonstrates how it plans to meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts; and

(c)

The applicant has satisfied all of the conditions and requirements of Subsections D and E herein.

(5)

Annual reporting. Each marijuana establishment or marijuana retailer permitted under this bylaw shall as a condition of its special permit file an annual report to and appear before the special permit granting authority and the Town Clerk no later than January 31, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the special permit.

(6)

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or tenancy of the premises as a marijuana establishment or marijuana retailer. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this § 123-23.7.

(7)

The Board shall require the applicant to post a bond at the time of construction to cover costs for the removal of the marijuana establishment or marijuana retailer in the event the Town must remove the facility. Documentation of a bond posted with the Cannabis Control Commission shall satisfy this requirement.

Abandonment or discontinuance of use.

(1)

A special permit shall lapse if not exercised within one year of issuance.

(2)

A marijuana establishment or marijuana retailer shall be required to remove all material, plants equipment and other paraphernalia:

(a)

Prior to surrendering its state-issued licenses or permits; or

(b)

Within six months of ceasing operations, whichever comes first.

[1]

Editor's Note: This section was enacted as § 123-23.6 but was renumbered to § 123-23.7 by 5-26-2015 ATM, Art. 26.