subdivision of land into six (6) or more lots shall submit a Sketch Plan for an RCC Development along with a Preliminary (Conventional) Subdivision Plan for review by the Planning Board. as defined by 105 CMR 725.000, et al., as it may be amended or superseded, and pursuant to all other applicable state laws and regulations. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester, Director of Planning and Economic Development. Zone III" means that land area beyond the area of Zone II from which surface water and ground water drain into Zone II, as defined in 310 CMR 22.00. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. The applicant shall submit such material as may be required by the Planning Board regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding, and regarding design features intended to integrate the proposal into the existing landscape, to preserve the same, to enhance aesthetic, and to screen objectionable features from neighbors. (iii) direct maintenance access by heavy equipment to structures requiring regular cleanout. 7.5.4 Failure of the special permit granting authority to act within 90 days following the public hearing shall be deemed to be the grant of the special permit applied for and the applicant shall be entitled to whatever documents are necessary to evidence such permit. It is bounded by the groundwater divides, which result from pumping the well, and by the contact of the aquifer with less permeable materials such as till or bedrock. [Amended 2007]. b. 7.5.6 The special permit granting authority shall be governed by the procedural requirements of The Zoning Act and other applicable provisions of the General Laws. Co-applicants shall include the landowner of the subject property and the operator of the WECF. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). A drainage area map showing pre-construction and post-construction watershed boundaries, drainage area and stormwater flow paths. 9. The name, contact information and signature of any agents representing the, ix. Comments will be acknowledged in the public meetings. Acid and basic cleaning solutions, Antifreeze and Coolants, Arsenic and arsenic compounds, Bleaches and peroxides, Brake and transmission fluids, Brine solution, Casting & Foundry chemicals, Caulking agents and sealants, Cleaning solvents, Corrosion and rust prevention solutions, Cutting fluids, Degreasing solvents, Disinfectants, Electroplating solutions, Explosives, Fertilizers, Fire extinguishing chemicals, Food processing wastes, Formaldehyde, Fuels and additives, Gasolines, Glues, adhesives and resins, Greases, Hydraulic fluid, Indicators, Industrial and commercial janitorial supplies, Industrial sludges and stillbottoms, Inks, printing and photocopying chemicals, Laboratory chemicals, Liquid storage batteries, Medical, pharmaceutical, dental, veterinary and hospital solutions, Mercury and mercury compounds, Metals finishing solutions, Oils, Paints, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning compounds, Painting solvents, PCB's, Pesticides and herbicides, Plastic resins, plasticizers and catalysts, Photo development chemicals, Poisons, Polishes, Pool chemicals in concentrated form, Processed dust, and particulates, Radioactive sources, Reagents and standards, Refrigerants, Roofing chemicals and sealers, Sanitizers, disinfectants, bactericides and algaecides, Soaps, detergents and surfactants, Solders and fluxes, Stripping compounds, Tanning industry chemicals, Transformer and capacitor oils/fluids, Water and wastewater treatment chemicals. upper boundary of the bank of a tributary or associated surface water body. In addition, the Planning Board may require the submission of any or all of the materials included in Sections 11.2.10.4.1 through 11.2.10.4.3.4, below. 13. (e) A hydrogeologic assessment of the site which shall address, at a minimum, soil characteristics and ground water levels and direction of ground water flow relative to operating and future planned public water supplies. Parking areas shall be designed and located so that their use does not involve vehicles backing onto a public way or way utilized for public access. 2. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents and thinners. E. Public Hearing. The site plan also shall show all contiguous land owned by the applicant or by the owner of the property, and shall identify all abutters, by name and Assessors Map and Lot numbers. Failure to make a decision within 100 days shall be deemed to be a grant of the appeal or variance. Penalties for violating this ordinance are $50.00 for a first offense and $100.00 for each repeat offense. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility. [Added 1984]. (p) Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Box 482 Manchester, Vermont 05254 Meetings. For this reason, it is strongly recommended that a copy of the existing conditions plan required in Section 9.2.4.3 below be submitted at this stage. Disturbance of land: Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth materials. 7. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. Timing of construction or provision of affordable units or lots Where feasible, affordable housing units shall be provided coincident to the development of market rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: MARKET-RATE UNIT % AFFORDABLE HOUSING UNIT%, 9.4.7 Marketing Plan for Affordable Units. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other. Valuable information about the application process. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. (b) In all zones, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. 4.3.4 Yacht storage, construction and service and related uses. Fence Application. Stormwater Management will have minor changes bringing it into compliance with current State standards. superimpositions of the WECF onto photographs of existing views). Approximate building sites have been identified and are not located closer than 100 feet to wetlands and waterbodies. (e) To insure that all accessory dwelling units that are created will comply with the building codes and health, safety and fire regulations. 3. After a special permit is granted and before the applicant's Personal Wireless Telecommunication Service Facility begins transmission, the applicant shall pay for an independent consultant, hired by the Town, to test and monitor the ambient or background levels of radio frequency emissions around the proposed facilities site, using established protocols. In addition to the Bylaw Recodification and Update, the Planning Board is also considering some more substantive changes to the Zoning Bylaw that the Board will vet through other thorough community review processes. . Any LGSPI, or any substantial part thereof, not in operation for a period of one hundred and eighty (180) continuous days or more without written permission from the SPAA, or that has reached the end of its useful life, shall be considered discontinued and shall be removed. 10.3.10 EXHIBIT B: "BEST MANAGEMENT PRACTICES" FOR THE CONSTRUCTION INDUSTRY. c. 21E, and/or liquid petroleum products unless such storage is: (i) in container(s) or above-ground tank(s) within a building, or. List of Section Headings: 1. No special permit shall be granted unless the special permit granting authority determines that the proposed use will not be detrimental to the surrounding neighborhood in light of each of the following factors: (a) Adequacy of the site in terms of size for the proposed use; (b) Suitability of the site for the proposed use; (c) Impact on traffic flow and safety; (d) Impact on neighborhood visual character, including views and vistas; (e) Adequacy of method of sewage disposal, source of water and drainage; (f) Adequacy of utilities and other public services; (g) Impact on public or private water supplies, wildlife habitats and other natural resource issues deemed appropriate by the special permit granting authority. The Planning Board shall. Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. The owner or operator of the installation shall notify the SPAA and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. A. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. Within 45 days of their receipt of the application/plans, these agencies shall submit any recommendations to the Planning Board. b. The site plan shall also show the relation of locus map at a scale not greater than 1"=2,000'. (j) Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed as of January 1, 2002 under Standard Industrial Classification (SIC) Codes 5171 and 5983. 11.2.4.3.1 Land Clearing/Open Space/Animal Species, 11.2.5 Interference with Existing Services. [SB1]Can we simply omit and renumber the remainder of 6.0, [NOTE: THE ADMINIISTRATION SECTION WILL BE MOVED TO A NEW SECTION 12], [THE NEW SECTION 7 WILL BE REGULATING NONCONFORMING USES. 7.5.5 Any special permit granted under this By-Law shall lapse within a period of time, to be specified by the permit granting authority, not to exceed two years from the date of issue, unless, in the case of special permit for a building or structure, construction has commenced, or in the case of any other use of or activity upon land such use or activity has commenced. The FIRM, FIS booklet, and LOMR are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Director of Public Works. 6.9.7.2 By a covenant executed and duly recorded by the owner of record, running with the land, whereby said construction will be completed before such buildings or appurtenances thereto may be eligible for an occupancy permit as required by Section 7.3 of the Manchester-by-the-Sea Zoning By-Laws. Reasonable efforts, as determined by the SPAA, shall be made to place all utility connections from the LGSPI underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. No use or occupation of land for any purpose for which a certificate of occupancy is required shall be made, in whole or in part, until such a certificate has been issued by the Inspector of Buildings stating that the use of land and structure, if any, complies with this By-Law and other applicable codes in effect at the time of issuance. 9.4.4 Mandatory Provision of Affordable Units. 6.4.4 In the General District, in addition to the signs permitted by Section 6.4.3 one or more signs for advertising a business conducted on the premises is permitted, not projecting above the building on the premises and no larger than one square foot for each linear foot of frontage up to a maximum of 100 square feet. Site access shall be maintained to a level acceptable to the Fire Chief and emergency medical services. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. (b) Wetlands Protection Regulation, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); (c) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); [Revised 2012], (d) Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); [Revised 2012]. A . The site plan also shall show the relation of locus map at a scale not greater than 1=2,000'. Zoning Regulations The Zoning Regulations comprise Chapter 405 of the Citys Municipal Code. Such alteration or reconstruction shall not include an increase in floor area or volume. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iii. Any Personal Wireless Telecommunication Service Facility which does not comply with all applicable federal, state, and local regulations shall be removed upon failure to bring the facility into compliance within thirty (30) days from receipt of written notice. The owner or operator shall physically remove the installation no more than ninety (90) days after the date of discontinued operations, which period may be extended with written permission of the Building Inspector for no more than sixty (60) days. (4) Disturb more than 10% of the Setback Area. The proposed use of the open space shall be specified in the application. The existing and proposed vegetation and ground surfaces with runoff coefficient for each. (585) 289-3010 or (315) 462-6224. (d) Land uses that result in the rendering impervious of more than 15% of any lot, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. (e) The construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood or injurious to persons or property. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester, https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService, Public Water Supply Project Notification Form, Endangered, Threatened and Special Concern Species in CT, Statewide Inland Wetlands & Watercourses Activity Reporting Form, Connecticut Department of Energy and Environmental Protection (DEEP), Loading Docks or Bays in CUD, IND, and Business Zones, Electric Vehicle Charging Stations in the Historic Zone, Zoning Regulations (Adopted May 2, 1938, Amended October 24, 2022). Notice shall be provided to the Planning Board and the Building Inspector of any change in this information. c. all measures for the protection of water quality, d. the structural details for all components of the proposed drainage systems and stormwater management facilities,e. notes on drawings specifying materials to be used, construction specifications and. Samples shall be analyzed and analytical reports prepared by a Commonwealth of Massachusetts certified laboratory of the quantity present in each monitoring well of the Regulated Substances. The permit process consists of three steps: See calendar of events for yard waste and tree limb collection dates. Terms of Use | Privacy Statement | Site Map | Login, Code of Ordinances Title IX General Regulations, Code of Ordinances Title XI Business Regulations, Code of Ordinances Title XIII: General Offenses, Adopting Ordinance from Code of Ordinances, Stormwater Resources for Site Development & Construction Activities, High Deductible Health Plan Health Savings Account, Sexual Misconduct, Domestic Violence and Dating Violence policy, Board of Water Commissioners Agendas and Minutes. 11.2.7.2 The applicant shall provide to the Planning Board and the Building Inspector addresses, telephone numbers and any other necessary contact information for the special permit holder, each property owner, and each WECF owner. [Amended 1987]. Notwithstanding the foregoing provisions of this Section 5.0, the following requirements shall be met in the Limited Commercial District (See also Section 4.4 Limited Commercial District): 5.7.1 Each business, defined as a single use under one ownership, shall be located on a lot of not less than five (5) acres and a minimum width at all points of not less than five hundred (500) feet. 6.7.5.1 If the land shown on the plan includes land located in two or more districts, it shall be considered lying within the districts having the largest area and frontage requirements. c. stormwater management BMPs are maintained as designed. The Coffee County Codes Department is dedicated to public safety in the built environment countywide through development and promotion of uniform codes and standards, enhancement of professionalism in code administration, and facilitation of acceptance of innovative building products and systems. Affordable Housing Unit. If the inspection finds the system to be adequate, the Planning Board shall issue a Certificate of Completion. (a)Remove all of the LGSPI in its entirety, including all associated structures, equipment, security barriers and transmission lines from the site. At least half of the required open space may be. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- Establishment of Districts, 4-Use Regulations Regulations to be moved to General Bylaws Deletions and Renumbering Update and move Administration and Procedures Regulations Establish zoning districts and regulations; provide for the manner of enforcement of regulations; hear and decide on site plans, special exceptions or special permits for development. Any land lying within the Flood Control District shall be subject to the development and use regulations of the underlying district in which such land is situated but only to the extent not inconsistent with the regulations for the Flood Control District. 4. Monitoring records shall be kept daily and made available to the SPGA on a quarterly basis. The following uses are hereby regulated: 10.1.3.1 Dumping, filling, or placing of soil or other substance as landfill or surfacing the land with any type of impervious materials; excavation, dredging, or removing of natural resource deposits. The LGSPI owner and/or operator shall maintain the facility in good and safe working condition, and shall schedule inspections by a competent professional at least once every twelve (12) months or more often, pursuant to industry standards and practice. Siting of affordable units All affordable units constructed or rehabilitated under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 7.5 of the Manchester-by-the-Sea Zoning By-Law, and M.G.L. In considering a site plan the Planning Board shall assure: (a) Protection of adjacent areas against detrimental or offensive uses on the site by provisions of adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, and allowance of sun, light, and air; (b) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas; (c) Adequacy of facilities of handling and disposal of refuse and other production by-products; (d) Protection of environmental features on the site and in adjacent areas; (e) Promotion of appropriate arrangement of structures within the site and in relation to existing structures within the district and neighborhood; (f) Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, water courses, buildings and other features that support the neighborhood; (g) Compliance with all applicable sections of the Zoning By-Laws. It shall then issue a written decision which describes its findings with. 10.1.2 The purpose of the Flood Control District is to protect the public health and safety and property against the damages of flooding conditions caused by new development in areas with inadequate capacity of existing drainage systems, brook channels, and street culverts to accept storm runoff from the areas drained. A member may be removed only for cause by the Board of Selectmen and only after a written statement of the facts on which removal for cause is based has been presented to such member and a public hearing has been held at which the member has been afforded the opportunity to be heard. Within the Limited Commercial District no building, structure, or land shall be used and no building or structure shall be erected or altered, except for the following uses. Residents are reminded that grass and weeds are NOT TO EXCEED 12 IN HEIGHT. Filing an application for a special permit grants the Planning Board, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting special permit. Any person violating any provision of this By-Law, upon conviction, shall be fined $300 for each offense, and each day that such violation continues shall constitute a separate offense. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space. 3. However Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source. In the forty-two years since this reorganization, over 80 changes have been made ranging from adding and changing definitions, dimensional requirements, and uses, to adding entirely new sections to allow, prohibit or condition new development. 2. This By-Law applies to large-scale ground-mounted solar photovoltaic installations, as defined herein, proposed to be constructed after the effective date of this By-Law. Decision on an appeal (Section 7.4.5) or variance (Section 7.4.6) must be made within 100 days of the date of filing. Pursuant to 105 CMR 725.200 (C), the above information may be confidential and exempt from the provisions of G.L. (1) The term "Personal Wireless Telecommunication Service" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; (2) The term "Personal Wireless Telecommunication Service Facilities" means facilities for the provision of personal wireless telecommunication services. 6.7.2.10 All studies, plans, design criteria with regard to all engineering aspects of a plan submitted under the Section shall conform to the Subdivision Rules and Regulations of the Town of Manchester-by-the-Sea. (a) the land area between the surface water source and the upper boundary of the bank; (b)the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); and, (c) the land area within a 200-foot lateral distance from the. Mean pre-construction grade is defined as a reference plane representing the average elevation of pre-construction ground adjoining the building at all exterior walls. No lot shall be changed as to size or shape so as to result in the violation of the requirements set forth in the table below. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. In addition: We would like to remind everyone that construction of DECKS, POOLS (above-ground and in-ground), SHEDS larger than 150 square feet* and OTHER BUILDING PROJECTS require a building permit issued by Carroll County. Common driveways shall be built in accordance with the following standards: These standards may be waived when, in the opinion of the Planning Board, such action is in the public interest and not inconsistent with the purpose and intent of the Zoning By-Law and these design standards. [Amended 2001]. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the LGSPI. Activities or land uses that otherwise require a special permit from the Planning Board shall not be required to obtain an independent special permit under to this Section 6.15 provided that the applicable terms, conditions and requirements of this Section 6.15 are imposed within the special permit issued by the Planning Board. Any storage container of 55 gallons, or 440 pounds, or more, containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, ground waters, or surface waters, of any pollutant which may emanate from said storage container or containers. ], [ THE CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS AND IS ALSO SHOWN ADJACENT TO THE NEW SECTION 12 FOR EASY COMPARISON. Manchesters Zoning Bylaw today includes regulations based on both past and present goals and best practices, in large part is organized by date of changes and has outdated, overlapping and some bylaws that may now be considered illegal. If the permittee fails to act the Town may use the surety bond to complete the work. Loading Do Not Show Again Close. If the above-noted forty-five (45) day time period has lapsed without a written decision being issued by the Planning Board, the applicant may submit a definitive subdivision/ RCC Development plan in accordance with Section 9.2.3 of this Bylaw. The purpose of site plan review special permit is to ensure the design and layout of certain developments permitted as a matter of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment. Clearing: Any activity that removes the vegetative surface cover. Protect existing and potential municipal water supplies. In the R10,000 and R7,500 residential districts and BL Business Local District the maximum total area of all accessory buildings or structures shall not cover more than 75% of the rear yard. of the Zoning By-Law, with the terms and conditions of the special permit issuedpursuant to Section 6.19, et seq. At a minimum, these materials shall include exterior architectural drawings, stamped by a registered architect, depicting the appearance and location on the lot relative to front, side and rear yard setbacks, and the proximity to existing structures of the new or converted structure. 4.3.6 Public parking or garaging of automobiles not incidental to another permitted use if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits).
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