The Manchester Planning Commission proposes the attached Manchester Land Use & Development Ordinance to replace the current ordinance adopted by the Selectboard on December 16, 2015. Recycling and Bulk Pick Up. bylaws, zoning, regulations. In addition to those applications for a special permit which require Site Plan Review Special Permit under Section 6.9, the Board of Appeals, Board of Selectmen and Planning Board shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said Special Permit application. 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. DISTRICT MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM LOT AREA FRONTAGE LOT FRONT SIDE REAR, (SQ. The intent of this Section is to enable the review of wind energy conversion facilities and wind monitoring or meteorological towers by the Planning Board in keeping with the Towns existing By-Law. 10.3.6.5 Design and Operating Guidelines: As a condition(s) of granting a special permit, the SPGA may require adherence to any, or all of the following design and operation guidelines, where in its opinion, such adherence would further the purpose and intent of this By-Law. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of Regulated Substances, or changes in types of Regulated Substances beyond those square footages, quantities, and types upon which the permit was issued. 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. Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Special Permit Granting Authority and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. Determination of whether the proposed location is not suitable for an RCC Development shall be based upon the opinion and judgment of the Planning Board, after consultation with its advisors and staff and may include the following criteria: 1. If you have comments, please send them to Gail Hunter at hunterg@manchester.ma.us for distribution to the board. Lighting of an LGSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. 169- Zoning Ordinance Signs and Fences; Chapter 170- Zoning Ordinance Administration and Enforcement are hereby repealed. Allow for greater flexibility and creativity in the design of residential developments. 5. 6.7.2.5 Every lot laid out under this Section shall conform to the following: In Single Residence District A, 16,500 sq. The term "building" shall be construed where applicable as if followed by the words "or portion thereof". Toward this end: a) The developer shall engage a qualified certifying agent acceptable to the Planning Board to receive purchase or rental applications, obtain and. WECFs may not interfere with radar, airport communications and guidance systems, point-to-point radio communication links, and other radio communications systems. 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. 2. 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. The SPAA. [Added 1984], 6.8 Blank [Planned Residential Development Deleted 2021]. 6.16.2(e) Interior Area Special Permits: Topographical changes (other than Excluded Activities) within the Interior Area for any lot in Single Residence Districts A, B, C, and E, and in Residence District D, may not be made without a special permit from the Planning Board (in addition to any Earth Removal Permit which may be required under Article XII of the Towns General By-Law) if such changes: (1) Involve within the Interior Area removal of any portion of any pre-construction exposed ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 10 feet at any point (otherwise than within the footprint of any structure) within the Interior Area; and/or, (3) Result in the excavation, deposit or removal of more than 100 cubic yards of earth, clay, sand, gravel and rock within the Interior Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Interior Area or the lot; and/or. (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. (b) 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 floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. 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 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. bylaws, zoning, regulations. Prepared for the Planning Board by Gary Gilbert & Chris Olney. B. a. Each contractor shall familiarize him/herself with the manufacturer's safety data sheet supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Department Directory. 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 applicant shall be required to present detailed hydrogeologic and hydrologic information to the Planning Board indicating that the location is, in fact, not within a Ground and Surface Water Resource Overlay Protection District. (d) Special permits, in accordance with the provisions of this By-Law, Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and M.G.L. "Zone II" means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation), as defined in 310 CMR 22.00. The minimum setback for a wind energy conservation system from property lines or easements must be at least one (1) times the height of the energy conservation system. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner(s). 5. The purpose of the Zoning Code is to regulate and control the zoning and the use of 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]. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value; (d) For non-rental affordable housing units, a cash payment to the Affordable Housing Trust Fund may be made subject to Section 9.4.11 of this Bylaw. Grubbing: The act of clearing land surface by digging up roots and stumps. In this Bylaw, the following words have the meanings indicated: Residential Conservation Cluster (RCC) Development: A residential development in which the buildings are clustered together with reduced lot sizes and frontage. The introduction of any new Regulated Substance shall not prevent the revocation of any existing Special Permit if, in the opinion of the SPGA, such introduction substantially or materially modifies, alters or affects the conditions upon which existing Special Permit was granted or the ability to remain qualified as a General Exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a Special Permit, if applicable. This plan shall include a description of the lottery or other process to be used for selecting buyers. The area within the limitation of the street. To protect groundwater and surface water from degradation; 4. streams, marshes, historic sites, unique geological and botanical areas or features, trails, paths and open-space links, specimen trees, wildlife habitat and contiguous forested areas, and preserve natural vegetative buffer zones abutting neighboring parcels. 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. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. No mulch, dirt, residential refuse or pet waste will be taken if placed in any container. In the R40,000, R20,000, and R15,000 residential districts, the maximum total area of all accessory buildings or structures on any lot shall not exceed 50% of the perimeter area of the primary structure and shall not cover more than 50% of the rear yard. Preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails. No Special Permit shall issue without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations. The Zoning By-Law of the Town of Manchester-by-the-Sea is adopted pursuant to and under the authority of Chapter 40A of the General Laws as amended by Chapter 808 of the Acts of 1975, The Zoning Act. 5.7.2 The structures on the lot shall cover not more than twenty percent (20%) of the area of the lot, and at least twenty-five percent (25%) of the area of the lot shall be of natural or landscaped area. Proper subdivision ensures that division of land within the City of Manchester will result in legal, usable, buildable 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. 4.3.7 Greenhouse and nursery uses for horticultural or floricultural purposes. 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. ft. of gross sales or service floor area 1, 100 sq. of threat to water quality which would result if the control measures failed. All yard waste and limbs should be placed at your regular point of pickup. [Revised 1998], 10.3. 12. (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. 11.2.3.1 Use Regulations: WECF, Wind Monitoring and Meteorological Towers. 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. Zone C means the land area not designated as Zone A or B that is either within the watershed of a Class A surface water source as defined by 314 CMR 4.05(3)(a), or contributes water runoff to Gravelly and Round Ponds. locations of such parcels are suitable for the designated uses. Applicants shall be required to obtain a special permit from the Planning Board to use any lot or seaway for helicopter landing, storage or parking within the Town of Manchester-by-the-Sea. Development: The modification of land to accommodate a new use or expansion of use, usually involving construction. The PZC hears and acts on changes to the zoning map 11.1.3.9.1 Solar Photovoltaic Installation Conditions. The purpose of the Zoning Code is to regulate and control the zoning and the use of One of the purposes of this review is to determine the number of lots possible in the RCC Development. 4.2.1 The uses and accessory uses permitted in Residence District D shall be the same as those specified and defined in Section 4.1 for Single Residence Districts. Should the testing and monitoring of a facility site reveal that the site exceeds any applicable federal, state or local regulations, the owner(s) of all Facilities at that site shall be so notified. Zoning permits are required for any change of use and almost all building and renovation work, including accessory structures such as fences and shed installations. - Manage notification subscriptions, save form progress and more. Note: Carroll County dog licenses are now being sold at the Manchester Town Office. As a condition of the grant of any special permit for a RCC Development containing six (6) or more lots or dwelling units, the Planning Board shall ensure compliance with the. Failure to comply with the Rental Housing Licensing requirements of the Town Code constitutes a municipal infraction, subject to fines and penalties set forth in the Town of Manchester Code. (b) A detailed description of the activities that involve the storage, handling, use, or production of the Regulated Substances indicating the unit quantities in which the substances are contained or manipulated. (But it shall not be permissible to construct or operate overnight camps.). 9.1.2 Accessory Dwelling Units in Single Residence Districts A, B, C, and E: 9.1.2.1 An owner or owners of a single family dwelling in Single Residence Districts A, B, C, and E may apply to the Board of Appeals for a Special Permit for the construction of one accessory dwelling unit in such single family dwelling. The MyHomeCT Program offers help to eligible Connecticut homeowners by paying mortgage and/or other qualified housing expenses. *****The Right-To-Know Law (RSA 91-A) provides that most e-mail communications, to or from City employees and City volunteers regarding the business of the City of Manchester, are government records available to the public upon request. 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. Plans shall be approved provided that the Planning Board determines that subject to any conditions that may be imposed the requirements of Section 6.2 will be satisfied, and that no other conflicts between the proposal and the Zoning By-Laws have been observed. Off-grid systems shall be exempt from this requirement. 2. When the. Department means the Massachusetts Department of Environmental Protection (DEP). otherwise required by the Zoning District in which the project is located. [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. To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. All means of shutting down the LGSPI shall be clearly marked. The Board shall not issue a permit unless it finds that such vehicle on said premises will not constitute a hazard to the safety or welfare of the inhabitants of the Town nor will otherwise nullify or substantially derogate from the intent or purpose of this By-Law. This is a violation of Chapter 65 of the Town of Manchester Code and will result in an infraction. [Amended 2007]. 10.2.4.2 Located within the Flood Plain District are areas designated as coastal high hazard areas (Zone VE). Ltd. Design & Developed by:Total IT Software Solutions Pvt. (b)Educational signs providing information about the LGSPI and the benefits of renewable energy. [amended 2005]. Anyone violating the provisions of Section #233-1 may be found guilty of a municipal infraction and may be fined $100 for the initial offense and $200 for each subsequent offense. 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). 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. Section 7.9 applies to each application or request [Application] filed with or otherwise submitted to the Planning Board for determination, approval, consent, grant, permit, special permit or other decision by the Planning Board [Permit]. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. Any proposed senior facility will require a special permit. Provisions shall be made by agreement, duly executed in form, suitable for recording that such open land shall be: (a) Owned and maintained either by a trust or association, or in common by the owners of the lots. The Building Inspector shall forward one copy to the Planning Board for their review and shall not approve any application subject to this section without receipt of written plan approval from the Planning Board, unless thirty (30) days elapse from the date of transmittal of plans to the Planning Board without receipt of such review from the Planning Board. All references to elevations should be to NGVD (National Geodetic Vertical Datum). In reviewing an application under this Bylaw, the Planning Board shall rely, to the extent. The pick up begins very early. One part [the Setback Area] is that portion of the lot from its exterior boundaries to the lines delimiting its minimum front, side and rear building setbacks as prescribed by Section 5.4. 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