14. Having reliable, timely support is essential for uninterrupted business operations. (e) Storage of commercial fertilizers, as defined in M.G.L. The owner(s) of the stormwater management system must notify the Planning Board of changes in ownership or assignment of financial responsibility. 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. The purpose of this by-law is to authorize and regulate large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations such that these standards address public safety, minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations. [Added 1987; Amended 1989]. These proposed changes will allow laboratory and scientific uses within additional areas in the LCD by Special Permit. Land conveyed to the Town shall be open for public use; (b) Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified below. Request for all releases shall be by certified, return receipt letter to the Planning Board and the Town Clerk and shall outline that portion of the work to be released and shall be accompanied by an engineer's or surveyor's certification that the work has been done in accordance with the requirements of the granted special permit. Alteration of drainage characteristics: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. (c) The surface water supplies of Gravelly and Round Ponds supplement the Town's groundwater resource, and are similarly considered an indispensable natural resource. The degree to which public safety will be threatened by a RCC Development; 6. Manchester has a combined planning and zoning commission. Large-Scale Ground-Mounted Solar Photovoltaic Installation (LGSPI): A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC. If the Planning Board determines, after discussion and analysis provoked by Section 9.2.4, that the location is best suited for subdivision under a conventional subdivision design, the Planning Board shall so inform the applicant and the applicant may then proceed to design a subdivision plan under the provisions of the Subdivision Control Law and the Manchester-by-the-Sea Rules and Regulations Governing the Subdivision of Land (Subdivision Rules and Regulations) and the provisions of this section shall not apply. A team including a Registered Civil Engineer, Registered Land Surveyor, and a Registered Landscape Architect shall prepare the plan. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. (e) Monitoring of Regulated Substances in Groundwater Monitoring Wells: If required by the SPGA, groundwater monitoring well(s) shall be provided at the expense of the permittee in a manner, number and location approved by the SPGA. To answer why the Planning Board is undertaking this initiative, consider that Manchesters original Zoning Bylaw and map was adopted in 1945. For each affordable unit not constructed or provided through one or a combination of the methods specified in 9.4.5 (a) through (c), the fee shall be an amount equal to the. A maintenance schedule for the period of construction, and. The new Senior Housing provision is intended to encourage the development of assisted living and long-term car for seniors and to create health care, housing and other supportive services for our senior population. The applicant shall provide funds to the Planning Board to pay for the technical review by the Planning Board's choice of consultant(s) of said hydrogeologic and hydrologic information and the Planning Board shall base its decision, in part, on the report by said consultant(s). The applicant may offer, and the Planning Board may accept, any combination of the Section 9.4.5.1(a)-(d) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. 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. be prohibited without receipt of a special permit from the SPGA. Final Inspection: After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. They will be discussed at the public hearing in May, revised, and final wording brought to Town Meeting on June 11th for a final vote. The results of the inspection and any resulting repair work shall be submitted to the Planning Board and the Building Inspector within thirty (30) days of the receipt of results of such evaluation by the applicant or WECF owner. Application. locations of such parcels are suitable for the designated uses. Maintenance of Open Space: In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. To protect groundwater and surface water from degradation; 4. The Zoning Enforcement Septage Regulations. 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 applicable minimum from setback for such lot plus ten (10) feet. 4. 11. Zoning By-Law: The Manchester Zoning By-Law. The Planning Board shall determine the minimum lot dimensions and set backs appropriate to the use proposed. The Zoning Enforcement Office determines whether proposed uses of land are permitted at the location described, provides guidance for the location of buildings (from malls to tool sheds) and assists in the enforcement of some town ordinances. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space. 6.7.7 Recording of Restrictive Agreement: 6.7.7.1 No building or structure shall be erected pursuant to any Special Permit to this Section 6.7 until and unless the restrictive agreement provided for in Section 6.7.3.1 shall have been duly recorded in the Registry of Deeds. City of Manchester Code of Ordinance, Chapter 165 Zoning Ordinance is hereby added to the Manchester City Code of Ordinances as follows: MANCHESTER ZONING ORDINANCE, CHAPTER 165 TABLE OF CONTENTS provision of affordable units, shall apply to provision of off-site affordable units. 10.1.1 The Flood Control District shall overlay other districts in this By-Law. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- In some locations, where surface and ground water drainage are not coincident, Zone III shall consist of both the surface drainage and the ground water drainage areas. Updated Manchester Township Zoning Map. This means that a property owner 3. 6.7.2.9 No plan shall be approved unless the Planning Board, following its public hearing and consultation with the Fire Chief, Department of Public Works and Selectmen, determines that access to public or private ways affected by the development will be adequate in light of the anticipated traffic. View more property details, sales history and Zestimate data on Zillow. Electrical transformers for utility interconnections may be above ground if required by the utility provider. No Special Permit shall issue without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations. flat) and shall not be electronic or lighted. 10.2.4.3 All development in the Flood Plain District, including structural and non-structural activities, whether permitted by right or by special permit, shall be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws, and with the following: (a) Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas; [Revised 2012]. (3) obtain a financial surety to cover the costs of (a) the remediation of damage to the landscape which occurs during the clearing of the site, and (b) the removal of the facilities and the remediation of the landscape, should the facility cease to operate, as provided in section 4.10.5 below; and. c.41, 81L, 81P, 81S, and 81U, at a density greater than one dwelling unit per 30,000 square feet unless connected to the municipal sewage treatment facility. When the Planning Board has a full preliminary draft Bylaw to be considered, anticipated within the next few months, the Board, supported by its legal consultant will host community workshops to present and discuss all the changes being proposed for the Recodification and Update of the Bylaws. At completion of the project the permittee shall submit as-built record drawings of all structural stormwater controls and best management treatment practices required for the site. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iii. Issues addressed are whether special permits should be required for normal changes to non-conforming uses. Other formatting and organizational changes include 1) adding and improving definitions, 2) rearranging sections of the bylaw into a logical order, 3) bringing references up-to-date, and 4) eliminating illegal, unnecessary or out-of-date bylaws. This can include a reinstatement, up to 12 months of forward payments, or a combination of both. access for visual inspection (e.g., cement-floored basement), and sheltered to prevent the intrusion of precipitation. Remove all of the LGSPI in its entirety, including all associated structures, Dispose of all solid and hazardous waste in accordance with local, state, and, Stabilize or re-vegetate the site as necessary to minimize erosion. 4.1.7 The office of a doctor, dentist or other member of a recognized profession provided there is no display or advertising except for a small professional sign not over one square foot in area. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). An LGSPI shall comply with the requirements set forth in Sections 5.10 and 6.15 of the Zoning By-Law, which requirements shall be imposed and conditioned as appropriate through the Site Plan Approval process. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. Resale price Sales beyond the initial sale to a qualified affordable income. Calculation of fees-in-lieu of units. The Planning Board shall approve, approve with conditions, or disapprove the preliminary plan/RCC Sketch Plan within forty-five (45) days of receipt of a completed application. All means of disconnecting the WECF shall be clearly indicated on the materials provided, and marked on each wind turbine. 10.3.4.1 Determination of Location within Ground and Surface Water. "Zone I" means the 400-foot protective radius required by the Department around a public water supply well or wellfield. All accessory buildings and structures shall be located behind the front building line of the principal building. No more than two lots shall be served by a common driveway without a special permit from the Planning Board. This means that a property owner or developer can obtain all of the necessary land use approvals from one body, creating a coordinated, streamlined process. c. 41, 81L, 81P, 81S, and 81U, or residential development on lots less than 80,000 square feet of land area containing at least 200 feet of lot width and 150 feet of lot frontage. Demographics, Neighborhood Indicators and much more. 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. Plans subject to Special Permit approval under this Section 6.16 shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer. Allow for greater flexibility and creativity in the design of residential developments. A. The owner of an LGSPI approved in accordance with this By-Law shall provide to the Town, acting by and through the SPAA, security to cover the cost of removal in the event the Town must remove the LGSPI and remediate the landscape. If you have questions about using the new system, or if you are not sure what to apply for, please contact Megan Pilla, Principal Development Planner (860-647-3288), or Katie Williford, Administrative Secretary (860-647-3048). The degree to which stormwater runoff and erosion will not be minimized by a RCC. 6.7.2.11 All procedural matters with regard to notice and hearing shall conform to Section 7.5 of the Zoning By-Laws of the Town of Manchester-by-the-Sea. c) Signs on the WECF shall be limited to those needed to identify the property and the owner, WECF manufacturer and model number, to warn of any dangers, and educational signs. As a condition of the granting of special permits for any uses requiring a special permit under this section, the Planning Board shall require that construction and site alteration permitted and specified by said special permit be secured by one, or in part by one and in part by the other, of the following methods, which method may be selected and from time to time varied by the applicant upon receiving written approval from the Planning Board: 6.9.7.1 By a proper bond or deposit of money or negotiable securities sufficient in the opinion of the Planning Board to secure performance of the construction of buildings, parking areas and appurtenances thereto required for completion of the project as noted in the special permit and shown on any accompanying plans. Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a Registered Professional Engineer. Spring High Tide shall be located as that elevation shown on the Army Corps of Engineers High Tide Chart (Tidal Flood Profiles New England Coastline, See ACOE, New England Division, Prepared by Hydraulics and Water Quality Section, Waltham, MA). This inspection shall also evaluate the effectiveness of the system in an actual storm. To require practices to control the flow of stormwater from new and redeveloped sites into the Town storm drainage system in order to prevent flooding and erosion; 2. The conversion of a structure existing on the lot as of May 6, 1991, that does not involve any increase in the size, height or volume of the structure, including the construction of exterior stairways, porches, patios or decks, shall not require a special permit. Monday through Wednesday 8:30 am to 5 pm Thursday 8:30 am to 6:30 pm Approximate building sites have been identified and are not located closer than 100 feet to wetlands and waterbodies. Ordinances/Zoning & Planning Missy 2021-02-25T19:59:07-05:00. and with the additional requirements containedin this Section (6.19.6), below. We offer support for economic development activity, business relocation and expansion and job growth in the Town of Manchester. Department Directory. For the purposes of interpretation of the Zoning Map, the following shall apply: 3.3.1 Boundaries which appear to follow streets, railroads, wood roads or brooks shall coincide with the center line thereof. The purpose of Site Plan Review is to ensure that 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. [1997], In issuing building permits for construction on lot(s) with frontage considered by the Building Inspector to provide impractical vehicular access, or otherwise satisfying only technical and not practical frontage compliance, the Building Inspector shall be empowered to ensure that said lot(s) have access to that portion of the lot(s) to be constructed upon by means of easement or so-called "common driveways" which are, in his opinion and in the opinion of the Planning Board, of adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and buildings erected or to be erected thereon and which meet the design standards contained in Section 6.2.8 of these By-laws. The site plan shall be prepared at a scale no greater than 1"=40', and shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, wetlands, surface water, areas subject to the 100-flood, and landscape features such as fences, walls, trees and planting areas, walks and lighting, both existing and proposed. The pick up begins very early. The Planning board is the SPGA [added 2005]. Right of first refusal to purchase The purchaser of an affordable housing unit. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. Therefore, and in reliance on the Town's authority under M.G.L. 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