manchester zoning regulations

The applicant shall demonstrate through project siting and proposed mitigation that the WECF or Met Tower minimizes impact on the visual character of surrounding neighborhoods and the community. [Added May, 1984]. (e) To insure that all accessory dwelling units that are created will comply with the building codes and health, safety and fire regulations. G. Project Completion. The PZC hears and acts on changes to the zoning map [1991] [2001]. Expenses incurred by the Planning Board in connection with site plan review, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be borne by the applicants for site plan approval. Zoning Board of Adjustment By-Laws. bylaws, zoning, regulations. In granting any renewal, the Special Permit Granting Authority mayalter or impose additional conditions, and/or may provide for revocation of the Special Permit if any identified violations of this By-Law or anyother applicable regulation are not corrected within a specified timeperiod. Click here for development applications, regulations and maps, Click here to search past Meeting Packets, Town of Manchester (e) Minimum requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above-referenced State regulations shall be granted only in accordance with the required variance procedures of these State regulations. Fences must not enclose utilities. All means of disconnecting the WECF shall be clearly indicated on the materials provided, and marked on each wind turbine. 6.3. (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. 8. 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. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the. The Board of Appeals may impose such conditions, safeguards and limitations, both of time and of use, as it deems appropriate upon the grant of any variance, but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. The site plan also shall show the relation of locus map at a scale not greater than 1=2,000'. WECFs should be sited to make use of previously disturbed and/or developed areas wherever possible. 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. Leaching Facilities: Subject to the approval of the Board of Health, as otherwise required by law, the Planning Board may permit a portion of the open space to be used for components of sewage disposal systems serving the subdivision, where the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or waterbodies, and enhances the site plan. Tideland lying below Mean High Water (per U.S. Geodetic Survey), except that such, Driveways/Curb Cuts: No person shall construct a driveway or entrance. 7. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; viii. - 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. For any questions, please feel free to contact Sue Brown, Manchesters Town Planner at [email protected] . The hours of operation of a Marijuana Businessshall be established by the Special Permit Granting Authority. If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. [Revised 1998], 10.3. All such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, substations shall be architecturally compatible with each other and shall be landscaped and screened from view by vegetation, located underground, or behind berms, and/or clustered to minimize visual impacts. The Special Permit Granting Authority may refer a Special Permit application to any other town agency/board/department for comments and recommendations if it so desires before taking final action on said Special Permit application. View on Map, Agenda, Actions and Minutes (1995-present), Join C.E.R.T. Manchester, CT 06045 The exact boundaries of the District shall be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 16, 2013, as those documents were updated by FEMA Letter of Map Revision (LOMR) dated March 12, 2017, for panels 25009C0453G and 25009C0454G, effective as of July 25, 2017. 10.3.7.6 Exemption for Construction Activities: The activities of, constructing, repairing or maintaining any facility or improvement on, lands within Zones I, II, III, or A, B, or C, shall be exempt from the. Loading Do Not Show Again Close. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). 4. 10.3.3 Ground and Surface Water Resource Overlay Protection District Maps: The maps delineating the Ground and Surface Water Resource Overlay Protection District, dated April, 1990, prepared by Horsley Witten Hegemann, Inc., Scale: 1 inch = 3,000 feet, and the maps entitled Water Resource Protection District, Town of Manchester, Scale: 1 inch = 800 feet, dated 1987, prepared by Whitman and Howard, are incorporated herein and made a part of this By-Law and collectively shall be referred to as the Ground and Surface Water Resource Overlay Protection District Maps. These Maps shall be on file and maintained by the Town Clerk's office. 4. Home / Ordinances/Zoning & Planning. [Added 1987], 7.5.1 Certain uses are designated in this By-Law as requiring a special permit. a. 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. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. Owners and operators of agricultural operations should consult the Massachusetts Department of Food and Agricultures On Farm Strategies to Protect Water Quality An Assessment & Planning Tool for Best Management Practices (December 1996, and any subsequent amendments thereto) for information about technical and financial assistance programs related to erosion and sediment control and nutrient, pest, pesticide, manure, waste, grazing, and irrigation management. The new provision also allows for less expensive housing, preserving more open space, and adding to town amenities by specifying density bonuses for providing affordable housing, open space, or town amenities. Any accessory use in an accessory building when completely screened from the abutting streets or lots; 4.4.7 By special permit from the Planning Board, Medical Marijuana Treatment Centers, as defined by Section 8.3.3 of the Zoning By-Law. any mortgage interest, security interest, liens or other encumbrances. RCC Development is generally the preferred form of residential development and/or redevelopment in the Town for residential developments of five (5) or more acres and/or six (6) or more lots. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. Ledge means a boulder or rock formation, whether or not cracked or broken into contiguous pieces, (1) which has a volume of three (3) or more cubic yards, or (2) the removal of all or any part of which, in the opinion of the Building Inspector or as proposed by the lot owner, normally would involve either blasting or hoe-ramming. 4.3.4 Yacht storage, construction and service and related uses. Monday, November 14, 2022Place: Manchester Essex Regional High SchoolTime: 6:30 PMTown Meeting Warrant, (*please confirm with Town Calendar when close to meeting date)Monday, October 24 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 7 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 14: Special Fall Town Meeting. The location of existing and proposed utilities. 10.1.1 The Flood Control District shall overlay other districts in this By-Law. Preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails. The Planning Board shall administer, implement and enforce this By-Law pursuant to G.L. It is the express purpose of this Section to permit distributed generation, wind energy conversion facilities in the Limited Commercial District (LCD), while addressing any adverse visual, safety and environmental impacts of the facilities. The following design requirements shall apply to open space and lots provided through this Bylaw: 1. Decorative Fences may be located in any yard or setback area. Any such reduction shall be limited to only those situations where the applicant needs the reduction to meet the parking requirements for the proposed use and never less than five (5') feet from any property line. 4. Pay Online. 1. provisions of Section 9.4 (Inclusionary Housing) of the Zoning Bylaw. [Added 1987], 6.10 Blank [Water Resource Protection District Heading Deleted 2021], 6.11 Blank [Development Scheduling; Sewer Connection Limitation Deleted 2021], 6.12 Blank [Division of Land and Development of Multiple Dwellings Deleted 2021], 6.13[SB1] Blank [Residential Conservation Cluster Renumbered to 9.2], 6.14 Blan,k [Inclusionary Housing Renumbered to 9.4]. In making. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LGSPI or otherwise prescribed by applicable laws, regulations, and bylaws. Box 482 Manchester, Vermont 05254 Meetings. The degree to which public safety will be threatened by a RCC Development; 6. Such Ledge is an exposed ledge if its uncovered surface area is fifty (50) or more square feet. All storage sheds are required to be in the rear yard no closer than two feet to the side lot line or rear lot line, unless there is an easement along the property side lot line or rear lot line then the shed must a minimum of 1 foot from the easement. 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. 4.4.6 By Special Permit from the Planning Board, and limited to the land area west of Pine Street, a/k/a Pipe Line Road, laboratories and establishments devoted to scientific research and development; light manufacturing, assembly and processing of materials related thereto and incidental accessory uses. The Special Permit Granting Authority (SPGA) under section 6.9 of this By-law shall be the Planning Board. The Planning Board may rely upon findings and recommendations of the Board of Health and the Conservation Commission. No Marijuana Business shall be established except in conformity with this By-Law and all applicable laws and regulations, including such regulations as may be promulgated by the Board ofHealth; and the requirements of 105 CMR 725.00 et seq. 9. FOR THE CITY OF MANCHESTER, NEW HAMPSHIRE Adopted February 7, 2001 Amended through October 6, 2020 AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001: March 20, 2001- Article 8 - Section 8.05 Multi-family dwelling units for the elderly; subsection C 41 Center Street The minimum setback requirements shall not apply to the projections of steps, eaves, chimneys and cornices, window sills or belt courses. 6. Weekly trash pick up DOES NOT include Yard Waste. (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. Plans and reports from the Redevelopment Agency. However, nothing herein shall prevent a temporary helicopter landing area for emergency purposes, such as air ambulance, search and rescue, fire fighting and similar public safety operations. 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. (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. This 50-foot setback shall be maintained in a naturally vegetated state. 31, approved by the Planning Board and Board of Selectman, and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this Bylaw and approved by the Planning Board. (b) Floor plan showing size and location of accessory dwelling unit with all means of egress, natural and mechanical ventilation, and location of all items required by the building code. a) Name, address, telephone number and original signature (photo-reproductions of signatures or digital signatures will not be accepted) of applicant and any co-applicants. The fee for this certificate (permit) is $50.00. Marijuana Businesses may be allowed by Special Permit inthe Limited Commercial Zoning District, subject to all requirements of thisZoning By-Law, the requirements of the Board of Health, and applicable state laws and regulations. 4.3.11 A new or enlarged existing dwelling containing not more than 4 dwelling units if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits); in addition, the following stated provisions shall also apply. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout. Additional Prohibited Uses: Zone A, Zone B, and Zone C: (a) Residential approval not required (ANR) divisions, subdivisions pursuant to M.G.L. That was the question on Thursday night as the Manchester Zoning Board of Adjustment heard a second rehearing for a project at 1230 Elm St., a building within the citys central business district. 9. 4.3.7 Greenhouse and nursery uses for horticultural or floricultural purposes. NO ACCESSORY BUILDING OR STRUCTURE IN A RESIDENTIAL DISTRICT SHALL CONTAIN FULL BATHROOM FACILITES. 4.3.5 Fish and shellfish landing, storage and handling (but not a fish processing or similar plant). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. 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. As an exception, where the open space is proposed to be deeded to the Town or a qualified land trust pursuant to 6.13.7 of this Bylaw, and in fact, such a transfer occurs, a minimum of 50% of the upland area of the parcel shall be provided as open space. Parking lots containing (5) or more parking spaces shall have at least one (1) tree per five (5) parking spaces, such trees to be located either within the lot or within (5') feet of it. The Planning Board shall, as a condition of approval of anydevelopment referred to in Section 9.2, require that the applicant for special permit approval complies with the obligation to provide affordable housing pursuant to this Bylaw and more fully described in Section 9.4.5. It shall then issue a written decision which describes its findings with. Manchester Township 1 Colonial Dr Manchester Township, NJ 08759 732-657-8121 Monday - Friday 8:30am - 4:00pm Quick Links. The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Special Permit Granting Authority eithergranting or denying the Special Permit renewal request. 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. 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. Newspaper-should be place in brown bags or tied in bundles. 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. ft of gross floor area 1, Each three persons reasonably expected to be using, the facility during a period of full utilization 1, Four seats of rated capacity 1. Chapter 40A, Section 9 and Section 7.5 of the Zoning By-Law, with the exception that a public hearing shall be held within thirty (30) days after the filing of a complete application with the Town Clerk, and the Zoning Board of Appeals at a regularly scheduled Zoning Board of Appeals meeting. 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. The applicant shall provide a copy of said authoritys determination to establish the required markings and/or lights for the structure. Under the American Rescue Plan Act of 2021, Connecticut has been All Right Reserved 2014 Total IT Software Solutions Pvt. In the case of a lot abutting on more than one street, the minimum front setback shall be applicable to each street. 5.10.1.2 Disposal: For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Chapter 21C, MGL. c.40A ss. The O&M Plan shall be designed to ensure that compliance with the Permit, this By-Law and the Massachusetts Surface Water Quality Standards, 314 CMR 4.00 are met in all seasons and throughout the life of the system. 11.2 Wind Energy Conversion Facilities [Adopted 2011]. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. 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. 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. Pursuant to G.L. 11.1.3 General Requirements for all As-of-Right Large-Scale Ground-Mounted Solar Photovoltaic Installations (LGSPI), 11.1.3.1 Compliance with Laws, Ordinances and Regulations. No detached accessory building or structure shall be located closer than 6ft to any principal building unless it exists fully in the rear of the building and does not exist outside of the footprint of the principal dwelling. Marijuana Establishment: A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business for the non-medical, including recreational use of marijuana, as set forth in G.L. 2. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner(s). The Planning Board shall act on applications according to the procedure specified in G. L. c. 40A, sec. 9.1.2.2 After notice and public hearing the Board of Appeals may grant such a permit provided that: (a) Except in Single Residence District E, the lot size shall be two (2) times the minimum lot size as determined by the zoning regulations. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. 6.7.2.4 There shall be excluded from the calculation of the number of lots in Section 6.7.4 all areas of the parcel which the Planning Board finds are not buildable because of the conditions such as steep slope, presence of wetlands, poor drainage or water supply problems or a combination of the foregoing. Whether a plastic container to be dumped or tied in bundles not to exceed 4 inches in diameter and 4 feet long bundles must weigh no more than 50 lbs. (d) Accidental spills and discharges of toxic and hazardous materials have threatened the quality of such water supplies posing public health and safety hazards. The Planning board is the SPGA [added 2005]. Expenses incurred by the Planning Board in connection with an application under this Section 6.16, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be paid by the applicant for such Special Permit. Please place at curb same day as regular trash pick up (Wednesday). Signs on LGSPI shall comply with the requirements of all applicable sign regulations, and shall be limited to: (a)Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger. The Flood Control District will consist of those areas designated as A1, A2 and B1 in Figure 8 of a report prepared for the Town of Manchester-by-the-Sea by the consulting firm of Camp, Dresser and McKee entitled "Storm Drainage Improvements for the Bennett's Brook Drainage Area" dated October, 1971. WECFs and Met Towers shall also be located in a manner that does not have significant negative impacts on animal species in the vicinity (particularly avian species, bats, etc.). [Revised 2012]. d. Easements shall be recorded with the Essex County South Registry of Deeds prior to issuance of a Certificate of Completion by the Planning Board. (k) Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. If the project is phased, the Planning Board may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Board has received the final inspection report as required below and issued a Certificate of Completion. To prevent pollutants from entering the Towns municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4; 5. The Zoning Board of Appeals shall take action on a special permit application under this section in accordance with the procedures of M.G.L. a. Purposes: Open space shall be used solely for recreation, conservation, or, agriculture purposes by residents and/or the public. (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. Notwithstanding the foregoing, the resale price of an affordable unit shall in no event exceed that amount which will require a household earning 80% of the most recent area median income number, as published by the U.S. Department of Housing and Urban Development and adjusted for the household size that corresponds with the number of bedrooms in the affordable unit, to spend a maximum of 30% of the households annual income on housing costs. No person in charge or control of any real estate within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked or junked motor vehicles to remain on such property longer than 60 days without a valid windshield sticker, so-called, issued and displayed in accordance with the requirements of Chapter 90, Section 7A of the General Laws as amended, and the rules and regulations of the Registrar of Motor Vehicles, unless a permit therefor has been obtained from the Zoning Board of Appeals. 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. Click here for better mobile optimization. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. The following shall apply to all premises in all districts: Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. The use of infiltration practices without pretreatment is prohibited. [See Maps; original on file with the Department of Public Works.]. This includes fire pits or barrels that are not enclosed. 9/26/2006. Junk car regulations will not change. The required parking space size is being reduced to more standard dimensions, thus decreasing the amount of paved area in town, but other parking requirements remain the same. WECFs and Met Towers shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid impact on permanently protected open space when feasible. In Single Residence District C and Single Residence District E, 22,500 sq. proposed location is suitable for an RCC Development under the terms and provisions of this section. MLS # 22300668 Property should be properly surveyed to ensure that the fence is not erected on a neighbors property. (a) Findings: The Planning Board may approve the development upon finding that it complies with the purposes and standards of the RCC Development Bylaw and is superior in design to a conventional subdivision with regard to protection of, natural features and scenic resources of the site. c. 41, 81L, 81P, 81S, and 81U with on-site disposal of effluent, at a density greater than one dwelling unit per 30,000 square feet provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d), below, are not exceeded. No more than two lots shall be served by a common driveway without a special permit from the Planning Board. Permit issuance is required prior to any site altering activity. c. stormwater management BMPs are maintained as designed. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester. Approval of the Stormwater Management Special Permit Application subject to any conditions, modifications or restrictions required by the Planning Board which will ensure that the project meets the Standards in Section 6.15.7 and Section 7.5 of this By-law and adequately protects water resources, set forth in this Section 6.15; 3. Where feasible, these parcels shall be linked by trails. [Amended 2006]. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuanais prohibited unless permitted as a Marijuana Businessunder this By-Law. 9.4.11 Fees in Lieu of Affordable Housing Units. The Planning Board will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the special permit has been satisfactorily completed in conformance with the special permit and this Section 6.15. See Section 6.15.7. (b) Emergency Plan: An emergency plan shall be prepared and filed with the Special Permit application indicating the procedures which will be followed in the event of spillage of a Regulated Substance so as to control and collect all such spilled material in such a manner as to prevent it from reaching any storm or sanitary drains or the ground water. locations of such parcels are suitable for the designated uses. The SPAA may vary or waive this requirement consistent with minimizing negative effects on abutting property. It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. (b) To make it financially possible for existing homeowners to stay in their homes. [Amended 1983]. However, if it is not practicable to meet all the Standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions. 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. Electrical transformers for utility interconnections may be above ground if required by the utility provider. DISTRICT BY STRUCTURES MAXIMUM % LOT, COVERAGE BY STRUCTURES AND. extension would derogate from the intent and purpose of this Bylaw. 6.7.3.2 The manner of ownership of such land shall be determined by the applicant after consultation with the Planning Board. a) Specifications for the proposed WECF or Met Tower shall be provided for all equipment and attendant facilities. The Building Commissioner shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded at the Essex County Registry of Deeds or the Land Court. Planning Board, all areas to be protected as open space shall be: (a) Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. Use - Unit of Measure Number of Off-Street, One dwelling unit 2, Two dwelling units 3, Three dwelling units 5, Four dwelling units 6. Encourage the provision of diverse housing opportunities and the integration of a variety of housing types. Manchester Town Hall. Affordable Housing Unit. The SPAA may direct the applicant to deposit funds with the SPAA for such review at the time the application is accepted, and to add additional funds as needed upon notice. No Special Permit shall issue without demonstration by the applicant of compliance with all applicable state laws and regulations, and with all local regulations. As such, no formal findings are required for the pre-application conference. 9.4.10 Preservation of Affordability; Restrictions on Resale. The purpose of the Zoning Code is to regulate and control the zoning and the use of Open burning is prohibited within the Town of Manchester. especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. Operation and Maintenance Plan: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. Swimming pools may only be located in rear yards. In-ground pools will not count toward total square footage of accessory buildings or structures. The Town of Manchester-by-the-Sea finds that: (a) The groundwater underlying the Town is a major source of its existing and future water supply, including drinking water. (4) Disturb more than 30% of the Interior Area. 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. The site plan shall also show the relation of locus map at a scale not greater than 1'=2.000'. The existing zoning, and land use at the site. C. The goals and objectives of this By-law are: 1. commenced by such date, except for good cause shown. Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner. The purpose of this conference is to inform the Planning Board as to the nature of the proposed WECF. The location of open space provided through this Bylaw shall be consistent with the policies contained in the Manchester-by-the-Sea Comprehensive Plan and the Open Space and Recreation Plan, as amended. (f) Storage of animal manures, unless such storage is covered or contained in accordance with the specifications of the Natural Resource Conservation Service. Failure to provide such evidence within thirty (30) days of such written request shall be conclusive evidence that the installation has been discontinued. To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed; 6. Construction and installation of utilities other than drainage (gas, water, electric, telephone, etc.) The owner(s) of the stormwater management system must notify the Planning Board of changes in ownership or assignment of financial responsibility. [Amended 2007]. 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. A maintenance schedule for the period of construction, and. c. 128, 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. 4.1.10 Any of the following uses, if authorized by special permit issued by the Zoning Board of Appeals or by the Planning Board, as specified below, and in accordance with the provisions of Section 7.5 (Special Permits) and subject to appropriate conditions, limitations and safeguards stated in writing by the Zoning Board of Appeals or the Planning Board, whichever is authorized to act on the matter (the SPGA), and made a part of the special permit: [Amended 2007], (a) Private Club, not conducted for profit; Planning Board is the SPGA, (b) Cemetery, not conducted for profit; Planning Board is the SPGA, (c) The garaging or maintaining of more than 4 automobiles when accessory to a dwelling; Zoning Board of Appeals is the SPGA, (d) Charitable or philanthropic use, hospital, sanitarium, nursing, rest or convalescent home, not conducted for profit, or other similar use; Planning Board is the SPGA, (e) Public utility or public communications building not including a service station or outside storage of supplies; Planning Board is the SPGA, (f) A permanent swimming pool or a tennis or similar court when accessory to a dwelling; Zoning Board of Appeals is the SPGA. This means that a property owner The Planning Board shall require, as a condition for special permit approval under this Bylaw that the deeds to the affordable housing units contain a restriction against renting or leasing said unit during the period for which the housing unit contains a restriction on affordability. All Personal Wireless Telecommunication Service Facilities shall require a Special Permit from the Planning Board. Lot Lines. Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. It is presumed that this standard is met when: a. suitable nonstructural practices for source control and pollution prevention are implemented;b. stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and. 4. 4. of the Zoning By-Law, with the terms and conditions of the special permit issuedpursuant to Section 6.19, et seq. 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. 4.3.8 Printing and publishing and similar uses. 94G, and any regulations promulgated thereunder. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. "Spill" means the unpermitted release or escape of a Regulated Substance, irrespective of the quantity thresholds directly or indirectly to soils, surface waters, or ground waters. Upon written request from the Building Inspector addressed to the contact address provided and maintained by the owner and operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the LGSPI. 10.2.4.1 Within any Zone where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building Code. (b) Expenses incurred by the Planning Board in connection with the Special Permit, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be borne by the applicant for the Special Permit. The Planning Board is the SPGA. 6.2 Off-Street Parking and Driveway/Curb Cut Regulations. c. 40B sec. The Planning Board shall determine the filing fee for Applications for which a fee is not otherwise provided or specified, which filing fee in its discretion the Board may waive or reduce in any particular matter when appropriate. Yard waste may be placed at curb in any of the following ways: Loose within a container weighing no more than 50 lbs. Failure to make a decision within 100 days shall be deemed to be a grant of the appeal or variance. b) View representations shall include existing and proposed buildings and tree coverage. Comments will be read, but the board does not respond over email. 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. Maintain the Towns traditional character and land use pattern in which small villages contrast with open land. 6. In either case, however, a special permit from the Planning Board shall be required. Zoning and Land Use subdivision design and/or damage to the sites natural features; 4. 5. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health and the Board of Selectmen: * Airplane, boat and motor vehicle service and repair, * Chemical and bacteriological laboratory operation, * Motor and machinery service and assembly, * Painting, wood preserving and furniture stripping. The Zoning Map for the City of Manchester in New Hampshire divides the citys real estate into zones based on land use and building regulations. (c) Elevations of building if exterior changes occur. Outstanding resource waters (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. 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. [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. 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. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. Department means the Massachusetts Department of Environmental Protection (DEP). Ordinances and Regulations. Where a permit or variance may be granted with conditions, such conditions shall be imposed and made part of the record. "Applicant" means any person filing an application. All equipment necessary for monitoring and operation of the WECF should preferably be contained within the turbine tower. These requirements are in addition to those described in Section 5.10 of the Zoning Bylaw. dwelling unit in a reasonable and economical manner. Proper subdivision ensures that division of land within the City of Manchester will result in legal, usable, buildable Such testing and monitoring shall take place annually. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed WECF, as well as its scale and overall design. 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. The Planning Board shall require, as a condition for special permit approval under this Bylaw, that the applicant comply with the mandatory set asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Section 9.4.10. Frontage along the length of any way in existence when the Subdivision Control Law became effective in Manchester-by-the Sea shall in no way be used as frontage as specified in the Zoning By-Law unless the way meets the following minimum standards. In some cases, streams or lakes may act as recharge boundaries. (b)Educational signs providing information about the LGSPI and the benefits of renewable energy. Transferability of a Special Permit. Electronic sensing devices may be employed as part of the inspection process, if approved by the SPGA, and provided the sensing system is checked daily for malfunctions. and with the additional requirements containedin this Section (6.19.6), below. This percentage shall be recorded as part of the restriction on the property. 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. Weekly Yard Waste pick up is also Wednesday. Wind Turbine: A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. The existing and proposed vegetation and ground surfaces with runoff coefficient for each. The permit holder shall adjust the total amount of security every five (5) years as necessary to ensure that it reflects current estimated removal costs plus twenty-five (25) percent contingency. Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC). e) Grade changes or cuts and fills, to be shown as original grade and new grade line, with two (2) foot contours AMSL. 7.6 Other By-Laws, Rules or Regulations. 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. 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. The Planning Board shall then release the interest of the town in such bond and return the bond or the deposit to the person who furnished the same or release the covenant by appropriate instrument duly acknowledged which shall be recorded at the Essex County Registry of Deeds. (i) There is no other accessory dwelling unit in the dwelling. 11.1.3.6 Dimension and Density Requirements. Changes to Operation and Maintenance Plans. Property Maintenance Regulations. No Special Permit shall be granted under the foregoing Section 6.7.1 unless the following conditions are met. Special Permit uses in Zones II and III, and A, B, and C. (a) The use, handling, production, and storage of Regulated Substances.

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