Town of DuxburyProtective Bylaw of the Town of Duxbury

Where a district boundary line is shown as following a street, railroad or utility, the boundary shall be the centerline thereof as said line existed at the date of the zoning map unless otherwise indicated.

Where a boundary line is shown outside of a street, railroad or utility and approximately parallel thereto, the boundary shall be deemed parallel to the nearest line thereof, and the figure placed on the zoning map between the boundary and shall be the distance in feet between them, as measured at a right angle from such line unless otherwise indicated.

Where a boundary line is shown as following a watercourse, the boundary line shall coincide with the centerline thereof as said line existed at the date of the zoning map.

Where a boundary line shall include a numerical figure followed by the letter M.S.L., it is at that number of feet above Mean Sea Level. The basic source for determining such a line shall be the United States Geological Survey as interpreted by the Board of Selectmen or subsequent field surveys.

Where a boundary line is indicated as a property or lot line and the exact position of such line is not defined by measurements, the true location thereof shall be taken as the boundary line as said line existed at the date of the establishment of such boundary line.

Where the location of a boundary line is otherwise uncertain, the Zoning Enforcement Officer shall determine its position in accordance with the distance in feet from other lines or bounds as given or as measured on the zoning map and good engineering practice.

Where a boundary line other than a Wetlands Protection Overlay District boundary line divides a lot, a use permitted as a matter of right or by special permit in the less restricted district may be extended not more than thirty feet into the more restricted portion of the lot.

All land within twenty-five feet, measured horizontally, of the high water line of all waterbodies, the mean high tide line and the banks of all watercourses is within the Wetlands Protection District, unless specifically excluded. Where contours are used on the Wetlands and Watershed Protection Map as the boundaries of the district, their location on the ground shall be determined by their elevation based on the datum irrespective of their delineated location on the zoning map.

Boundaries of the Flood Hazard Areas Overlay District are shown and set forth in the Plymouth County Flood Insurance Rate Map (FIRM), on file in the Office of Town Clerk and in the Planning Board Office.

Boundaries of the Waterfront Scenic Area Overlay District are shown on the Zoning Map.

Boundaries of the Ground-Mounted Solar Photovoltaic Installations Overlay District are shown on the Zoning Map.

Neighborhood Business Light District may only be located where the district is adjoining an existing NB-1 or NB-2 District through a common district boundary line.

Discontinuance

Any nonconforming use which has been discontinued for more than two (2) years or any nonconforming buildings, structures, or land used primarily for agriculture, floriculture or horticulture which has been discontinued for more than five (5) years, shall not be re-established and any future use shall conform to the regulations of this Bylaw.

Restoration

A nonconforming structure or structure occupied by a nonconforming use which has been destroyed by fire or other casualty may be reconstructed; provided that the reconstruction is substantially completed within three (3) years of the date of destruction. Reconstruction of nonconforming structures on land used primarily for agriculture, horticulture or floriculture must be substantially completed within five (5) years of the date of destruction. Any extensions or alterations shall comply with the requirements of Sections 401.2.3 and 401.2.4, as applicable.

Changes of Use and Limitation on Intensity and Size of Use - Other Than Single or Two-Family Residential Dwellings:

As provided in G. L c. 40A, sec. 6, a lawfully pre-existing nonconforming use and/or structure, other than a single or two-family residential dwelling, may be reconstructed, altered or extended only if: (1) said reconstruction, alteration or extension itself conforms with all the provisions of the Zoning Bylaw: (2) there is a finding by the Board of Appeals that such reconstruction, alteration or extension will not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use; (3) that said extension, alteration or change is in accordance with the standards noted below; and (4) that the Board of Appeals grants a special permit as provided in Section 906.2.

Alteration, Reconstruction, Extension or Structural Changes to Preexisting Nonconforming Single and Two-Family Residential Structures.

Alteration to Dwellings on a Single Lot

Any alteration, extension, reconstruction or structural change to a dwelling on a lot containing more than one (1) dwelling shall require a special permit and a finding by the Board of Appeals that such alteration, extension, reconstruction or structural change shall not be more detrimental to the neighborhood than the existing dwelling, in accordance with the procedure outlined in Section 401.2.4 above.

ADU Exemption

The provisions §401.2(4) or 401.2(5) shall not apply to an alteration, enlargement, structural change, or reconstruction of a legally existing, nonconforming single-family structure for the purpose of creating a protected use Accessory Dwelling Unit pursuant to Section 410.6

No building or other structure shall be erected and no building, structure, or land shall be used for any purpose or in any manner other than as regulated and as permitted and as set forth herein for each district.

Uses permitted and uses allowed by the Board of Appeals, or any other Special Permit Granting Authority (SPGA) authorized by this Bylaw, shall be in conformity with all the density and dimensional regulations and any other pertinent requirements of this Bylaw as set forth herein for each district.

A building, use or structure not specifically permitted shall be deemed prohibited.

Notwithstanding any other provision of this Bylaw, no more than one (1) single-family dwelling or dwelling unit is permitted by right on any lot in any district. Nothing in this sub-section implies that one (1) single-family dwelling or dwelling unit is permitted in any district where this Bylaw does not expressly so provide.

Minimum Requirements

Any application for a building, structure or use permit or a certificate of occupancy shall be accompanied by a plot plan in triplicate, accurately drawn to a scale of one (1) inch equals forty (40) feet, showing the actual shape, area and dimensions of the lot to be built upon, the exact location and size of any buildings or structures already on the lot, the location of proposed alterations to and enlargements of existing buildings or structures, driveways, the location of new buildings or structures to be constructed together with the lines within which all buildings or structures are to be erected or enlarged, the existing and intended use of each building or structure and all streets and ways on or adjacent to the lot, the delineation of any Wetland Protection Overlay District, Flood Hazard Areas Overlay District, or Aquifer Protection Overlay District areas located within a lot, or include a statement on the plan stating, “No part of lot is within zoned Wetlands Protection Overlay District, Flood Hazard Areas Overlay or Aquifer Protection Overlay Districts” and such other information as the Zoning Enforcement Officer may determine is necessary. In the case of a building or use permit for interior improvements to a building or structure, a plot plan shall not be required.

Additional Requirements

In addition, for all new buildings and structures, and all existing buildings and structures to be externally enlarged or expanded in ground area to an extent greater than thirty percent (30%) of internal floor areas or ground coverage, or six hundred (600) square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the foundation of existing and proposed buildings or structures, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. Plot plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, screening and fencing. Plot plans shall be certified by a registered professional engineer or land surveyor. A record of all applications, plans, and permits shall be kept on file by the Zoning Enforcement Officer.

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the Town beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions; and

Reduce damage to public and private property resulting from flooding waters.

Massachusetts General Laws, Chapter 131, Section 40;

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); and

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

The completed checklist demonstrating that all necessary permits have been acquired;

Elevation in relation to mean sea level of the lowest floor (including basements or cellars) of all existing and proposed structures;

Elevation in relation to mean sea level of existing and proposed floodproofing;

Certification by a registered professional engineer or architect for all floodproofing measures;

Signed statement by a registered professional engineer or architect that the requirements of this Bylaw have been met (the above-referenced requirements 2 and 3 may be met through submission of a FEMA Elevation Certificate);

Plans for any breakaway walls to be used to enclose space below the base flood elevation (in V zones);

Description of topographic alterations including existing and proposed grades and a delineation of the Special Flood Hazard Boundary line (including confirmation that the Flood Insurance Study has been consulted in placement of the line);

Site plan(s) certified by a registered professional land surveyor showing all existing and proposed natural and constructed features on the property. The site plan shall include a notation of the Special Flood Hazard Area designation for all existing and proposed structures.

Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is the lesser, within unnumbered A zones.

All subdivision proposals must be designed to assure that:

Within Zone AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.

All new construction and substantial improvements to existing structures within Zone VE must be located landward of a boundary line of the Wetlands Protection Overlay District, except those structures allowed by sub-sections 404.9 or 404.11.

All new construction within V Zones shall be located landward of the reach of mean tide, except those structures allowed by sub-sections 404.9 or 404.11.

Storage of fuel, toxic or hazardous materials below the base flood elevation shall be floodproofed.

Agricultural uses such as farming, grazing, truck farming, and horticulture.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, and play areas.

Conservation of water, plants, and wildlife.

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

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Man-made alteration of sand dunes for dune restoration and beach enhancement projects for the purposes of flood and erosion control to adapt to the long-term effects of sea level rise; and which do not increase potential flood damage

In A1-30, AH, AE Zones, V1-30, VE and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

The Chief Executive Officer of adjacent Cities and Towns;

FEMA Region I Risk Analysis Branch Chief

99 High Street, 6th floor

Boston, MA 02110; and

Massachusetts NFIP State Coordinator

MA Department of Conservation & Recreation

251 Causeway Street

Boston, MA 02114

Adjacent Communities, especially upstream and downstream;

Bordering States, if affected;

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, 8th floor

Boston, MA 02114; and

NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

Conservation and restoration of dunes and beach vegetation.

Wildlife management shelters and enclosures.

Outdoor recreation, nature study, boating, fishing including shell fishing.

Fences to prevent the erosion of beaches and dunes and to delineate rights-of-way acceptable for pedestrian and vehicular travel, and appropriate non-commercial signs not exceeding thirty-two (32) square feet, notwithstanding the provisions of Section 601 Sign Regulations.

Harvesting kelp and seaweed.

Footpaths.

Conservation of soil, water, plants, and wildlife.

Maintenance and replacement of existing roadways and parking areas.

Temporary storage of materials or equipment for a period not to exceed three (3) months in any calendar year; said permit to be renewable for one additional three-month period only.

Dumping, filling, excavating or transferring of any material, which will substantially alter said district, interfere with the natural flow patterns of the tidal areas, be detrimental to dune areas or interfere with stabilization efforts within said district are prohibited, except as authorized by a special permit granted under Section 403.5, and those activities allowed as permitted uses in Section 403.3.

Residential dwellings.

Structures except as authorized by a special permit under Section 403.5.

New parking areas, roadways and enlargement of existing parking areas and roadways of the Town or a non-profit organization.

Structures providing access to the beach in accordance with applicable state or federal laws.

Accessory use to an existing residential home or commercial structure located on that lot, such as a footbridge or plank walk.

Accessory use to an existing residential or commercial structure located on that lot, such as a boat landing and boathouse, the latter not to exceed twenty (20) feet in height or one hundred (100) square feet in total ground coverage.

Wireless Telecommunications Services Facility in accordance with Section 610.

The Board of Appeals shall refer a special permit application to the Conservation Commission, the Board of Health, and the Planning Board for written comments and recommendations before taking final action on said special permit application. In addition to the above noted boards, the Board of Appeals 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.

Any such board or agency to which applications are referred for comment shall make its written recommendations and comments and send copies thereof to the Board of Appeals and to 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. The Board of Appeals shall not act upon said special permit until either comments from referred boards or agencies have been received or said thirty-five (35) days have elapsed, whichever is sooner.

The Board of Appeals shall explain any departures from the recommendations of the other boards or agencies in its decision.

Conservation of soil, water, plants and wildlife.

Outdoor recreation, including play and sporting areas, hunting where legally permitted, including duck blinds and foot-bicycle-horse paths.

Proper operation and maintenance of dams and other water control devices, including temporary alteration of the water level for agricultural, emergency or maintenance purposes or for propagation of fish.

Forestry, grazing, farming, nurseries, truck gardening and harvesting of crops including but not limited to such crops as cranberries, marsh hay, seaweed, berries, fruits and seeds and nonresidential buildings or structures used only in conjunction with fishing, shellfishing or the growing, harvesting or storage of crops raised on the premises.

Flower or vegetable garden, lawn and fence.

Conservation and restoration of dunes and beach vegetation.

Wildlife management shelters.

Harvesting kelp and weeds.

Fences to prevent the erosion of beaches and dunes and to delineate rights of way acceptable for pedestrian and vehicular travel, and appropriate non-commercial signs not exceeding thirty-two (32) square feet, notwithstanding the provisions of Section 601 Sign Regulations.

Nature Study, boating, fishing including shellfishing.

Dumping, filling, excavating or transferring of any materials which will alter any marsh, wetland or bog or which will reduce the natural water storage capacity of the land, interfere with the natural flow patterns of any watercourse or tidal areas, or degrade the quality of surface or groundwater within this district is prohibited.

Private or public wells.

On site wastewater disposal septic tanks or leaching fields.

Buildings or structures except those permitted by Sections 404.4 and permitted by special permit by Sections 404.6 and 404.9.

Accessory use or structure to a residential home located on that lot or an adjoining lot in common ownership, such as a footbridge, plank walk or pier.

Temporary storage of materials or equipment for a period of not to exceed three (3) months in any calendar year; said permit to be renewable for one additional three-month period only.

Dams, excavations, or changes in watercourses to create ponds, pools for swimming, fishing, wildlife or other recreational or agricultural uses, scenic features or for drainage improvements.

Accessory use to residential or commercial structure located on that lot, such as a boat landing and boathouse, the latter not to exceed twenty (20) feet in height or one hundred (100) square feet in the total ground coverage.

Utilities installation; unless said utility is a Solar Photovoltaic Facility as defined and regulated by Article 600, Section 621 of this Bylaw, in which case the Planning Board shall serve as the Special Permit Granting Authority and/or Administrative Site Plan Review board in reviewing the application consistent with Article 600, Section 621 and this Section 404.

Parking areas enlargement of existing parking areas.

Wireless Telecommunications Services Facility in accordance with Section 610.

The Board of Appeals shall refer a special permit application to the Conservation Commission, the Duxbury Bay Management Commission, the Board of Health, and the Planning Board for written comments and recommendations before taking final action on said special permit application. In addition to the above noted boards, the Board of Appeals 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.

Any such board or agency to which applications are referred for comment shall make its written recommendations and comments and send copies thereof to the Board of Appeals and to 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 for comment. The Board of Appeals shall not act upon said special permit until either comments from referred boards or agencies have been received, or said thirty-five (35) days have elapsed, whichever is sooner.

The Board of Appeals shall explain any departures from the recommendations of the other Town boards or agencies in its decision.

The proposed use is allowed in the Residential Compatibility District or, if more restrictive, the zoning district in which the majority of the remainder of the parcel lies;

All other requirements of the Bylaw are met;

The Board makes a determination, following referral to the Conservation Commission, Board of Health, and Planning Board, that:

The Conservation Commission acting within the scope of its jurisdiction has approved such use and construction.

The pier shall be located and constructed consistent with safety and navigational concerns.

The pier shall not exceed two hundred (200) feet in length and must extend the full distance over any salt marsh used to access the water’s edge. The width of the pier shall not exceed four (4) feet.

The platform at the seaward end of the pier shall not exceed six (6) feet by ten (10) feet, i.e.: two (2) feet by ten (10) feet wider than the walkway. All pile bents shall be no less than ten (10) feet on center from each other except the last bent on the landward end.

The most seaward piles shall not extend more than two (2) feet seaward of the salt marsh except to allow the attached float to be located seaward of any vegetation.

Floats attached to piers shall not exceed two hundred (200) square feet unless permitted by the Duxbury Conservation Commission and the Duxbury Harbormaster.

Rails shall not exceed thirty-six (36) inches in height off the pier and shall have a top rail five (5) inches or less in vertical dimension and a mid-rail three and one-half (3 ½) inches or less in vertical dimension.

Piers, floats and gangways must be made principally out of wood or other materials of a color and reflective quality similar to natural wood.

All new piers shall be setback twenty-five (25) feet from abutting property lines unless this single requirement would otherwise prevent a new pier from being approved. In no case shall the setback be less than fifteen (15) feet.

All new piers shall be located no closer than fifty (50) feet from the nearest sideline of a Town Landing or Way to the Water.

New piers shall be constructed no higher above the salt marsh than the minimum standard for construction permitted by State and Federal regulations. The height of the pier deck shall not exceed fifteen (15.0) feet mean low water unless required by Federal or State regulations.

A reconstruction of a pre-existing residential pier does not need to comply with the above requirements; however the reconstructed pier shall conform to these requirements in as much as the pre-existing pier did.

All piers constructed, utilizing the shared pier permitting criteria, shall require deed restrictions on each owner’s lot prohibiting another pier on those owners’ lots and deeded easements granting each owner access to the shared pier, so long as the shared pier in which the owner has rights exists.

The Pier location shall not be required to access the water over the shortest distance of salt marsh coverage. The pier may be located on one (1) or more lots and may cross any internal lot lines of the owners. The pier shall be required to meet the sideline setback of the property lines of abutting properties.

Float sizes of two hundred (200) square feet per owner shall be permitted up to a maximum of six hundred (600) square feet total, unless permitted by the Duxbury Conservation Commission and the Duxbury Harbormaster.

A pre-existing pier shall not be reconstructed as a new pier unless the cost to repair the existing pier is greater than fifty percent (50%) of the cost of a new pier on the same footprint.

Repairs to a pre-existing pier shall be made subject to no increase in pier length, height, width, footprint or modification of the railing dimension.

New piers shall be limited to three and one-half (3.5) feet in width, may have a handrail only on one (1) side of the pier with its upper rail member having a profile of no greater than one and one-half (1.5) inches viewed horizontally and a mid-rail member having a profile of no greater than one-quarter (¼) inch viewed horizontally.

New piers shall be constructed no higher above the salt marsh than the minimum standard for construction permitted by State and Federal regulations.

The ground water underlying this Town is the sole source of its existing and future drinking water supply. The ground water aquifer is integrally connected with, and flows into, the surface waters, lakes, streams and coastal estuaries which constitute significant recreational and economic resources of the Town used for bathing and other water-related recreation, shellfishing and fishing.

Accidental spills and discharges of petroleum products and other toxic and hazardous materials and sewage discharge have repeatedly threatened the quality of such groundwater supplies and related resources throughout towns in Massachusetts, posing potential public health and safety hazards and threatening economic losses to the affected communities.

Properties located wholly within one (1) zone reflected on the Zoning Map shall be governed by the restrictions applicable to that zone.

Properties located such that the site lies within more than one (1) zone as reflected on the Zoning Map shall be governed by the restrictions applicable to the zone in which the activity, structure or sewage disposal system is located.

Sanitary landfills.

Junkyards.

Municipal sewage treatment facilities with on-site disposal of primary or secondary-treated effluent.

Package sewage treatment plants.

Car washes.

Road salt stockpiles.

Dumping of snow from outside the district.

Dry cleaning establishments.

Boat and motor vehicle service and repair.

Metal plating.

Chemical and bacteriological laboratories.

All underground storage tanks.

Any other use which involves, as a principal activity, the manufacture, storage, use, transportation or disposal of toxic or hazardous materials, except as allowed by special permit in Section 406.8 below.

In addition, the following uses as contained in 310 CMR 22.00 et seq. are prohibited within the Aquifer Protection Overlay District:

Automobile graveyards and junkyards, as defined in G. L. c. 140B, sec. 1.

Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.

Storage of sodium chloride, chemically treated abrasives or other chemicals used for removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of commercial fertilizers, as defined in G. L. c. 128, sec. 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Storage of animal manure, unless such storage is covered or contained in accordance with the specifications of the Natural Resource Conservation Service.

Landfills and open dumps, as defined in 310 CMR 19.006.

Landfills receiving only wastewater residuals and/or septage approved by the Department pursuant to G. L. c. 21 sec. 26-53; G. L. c. 111, sec. 17; G. L. c. 83, sec. 6-7; and any regulations promulgated thereunder.

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. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto.

Treatment or disposal works subject to 314 CMR 5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) Title 5, except the following:

Individual sewage disposal systems handling more than 110 gallons per day per 10,000 square feet of land area.

Facilities that generate, treat, store or dispose of hazardous waste that are subject to G. L. c. 21C and 310 CMR 30.000 except for the following:

Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.

Any floor drainage systems in existing facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage areas, which discharge to the ground without a Department permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the State Plumbing Code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.

Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

Storage of liquid hazardous materials, as defined in G. L. c. 21E, and/or liquid petroleum products unless such storage is:

Land uses that result in the rendering impervious of more than fifteen percent (15%) or two thousand five hundred (2,500) square feet of any lot, whichever is greater, unless a system for artificial recharge of precipitation is provided in accordance with Best Management Practices.

The removal of soil, loam, sand, gravel or any other mineral substances within six (6) feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for the construction of building foundations or the installation of utility works.

Commercial outdoor washing of vehicles.

Commercial car washes.

Motor vehicle repair operations.

Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00.

The individual on-site wastewater disposal system does not exceed one hundred ten (110) gallons per day design flow for each ten thousand (10,000) square feet of upland, and

All land uses, buildings, and accessory structures shall not render impervious more than fifteen percent (15%) or two thousand five hundred (2,500) square feet of any lot, whichever is greater, unless a system of artificial recharge of precipitation is provided in accordance with Best Management Practices.

Any use involving toxic or hazardous materials in quantities greater than associated with normal household use.

Golf courses, either private or public use.

Residential Conservation Cluster Developments permitted by Section 540.

Special Permit Granting Authority. The special permit granting authority (SPGA) under Section 406 of this Bylaw shall be the Planning Board. Such special permit shall be granted if the SPGA determines in conjunction with other Town agencies as specified in Section 406.9.2 below, that the intent of the Bylaw as well as its specific criteria are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree of threat to water quality that would result if the control measures failed. The SPGA shall explain any departures from the recommendations of other Town agencies in its decision.

Review by Other Town Agencies. Upon receipt of the special permit application the SPGA shall transmit one (1) copy to the Director of Public Works, the Water Advisory Board, the Town Manager, the Zoning Enforcement Officer, the Board of Health, the Conservation Commission, and any other relevant Town board/agency or department for their written recommendations. Failure to respond in writing within thirty (30) days shall indicate approval or no desire to comment by said agency. The applicant shall furnish the necessary number of copies of the application.

Special Permit Criteria. Special Permits under Section 406.8 shall be granted only if the SPGA determines in conjunction with the comments from the above noted agencies that ground-on-site operations will not fall below Federal or State standards for drinking water at the down gradient property boundary, except for nitrate nitrogen which shall not exceed five (5) parts per million.

The SPGA may withhold approval of a special permit for the construction of any new structures or structures intended for residential use requiring a special permit under Section 406.8 (Residential Conservation Cluster) which are located on a lot or lots that lie within a zoned Aquifer Protection Overlay District if, after weighing all pertinent facts and evidence the SPGA finds that:

Submittals. In applying for a special permit required by this section, the information listed below shall be submitted.

Safeguards. Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the ground water.

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

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 that are in conformance with G. L. c. 21C.

Drainage. All runoff from impervious surfaces shall be recharged on the site diverted toward areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are not feasible and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.

Detached, single-family dwelling.

Religious.

Educational.

Accessory use and accessory structures on the same lot which are customarily incidental to a single-family residence.

Trailer for a temporary residential occupancy only for a period totaling not more than six (6) months on a premises whose dwelling has been destroyed by fire with a permit from the Zoning Enforcement Officer.

The keeping of one (1) service type vehicle not to exceed ten thousand (10,000) pounds gross weight by a resident who carries on a trade or profession away from his/her premises.

Garage, attached or unattached, for the storage of more than three (3) vehicles.

Use of a trailer coach, travel trailer, motor home, tent trailer or mobile home on a residential lot.

Except on a farm, outdoor storage of any unregistered motor vehicle for more than ninety (90) days.

Advertising signs, as regulated by Section 601, except temporary signs pertaining to the lease, sale, or rental of a lot or building on which they are placed and not exceeding six square feet in area, or as allowed by Section 410.7(b).

Any use which will produce a nuisance or hazard from fire or explosions, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radio-activity, offensive noise or vibration, flashes, objectionable effluent, or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property in Town.

Parks for trailers, travel trailers, tent trailers, trailer coaches and motor homes; auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited.

Planned Development.

Stand for the sale of produce raised on the premises.

Home occupation in accordance with Section 410.7.

Conversion of a single-family dwelling in existence for ten (10) years prior to the application for a special permit in accordance with Section 410.6.

Cemetery.

Golf course.

Hospital, convalescent home, sanatorium, institution, including a continuing care or similar assisted living retirement facility for persons age 62 and over operated in connection with a skilled nursing facility subject to state licensure. Any such use to be reviewed pursuant to the applicable provisions of Article 800 of the Protective Bylaw, or philanthropic use.

Riding stable.

Bed and Breakfast within existing footprint of an existing single-family dwelling, in which the operator resides.

Private club not conducted for profit and not containing sleeping quarters for more than four (4) persons.

Residential Conservation Cluster Development in accordance with Section 540.

Wireless Telecommunications Services Facility in accordance with Section 610.

Veterinary Hospital for the care and treatment of domestic animals.

Lot width shall be at least one hundred sixty (160) feet at the required setback line, to the way. (1987)

The lot shall contain at least four thousand five hundred (4,500) square feet between the required setback line and the right-of-way line from which the lot takes its frontage.

Each single-family dwelling shall be located on a lot containing an imaginary circle one hundred fifty (150) feet in diameter within its lot lines. (1987)

One parking spot shall be required for the Protected Use ADU unless the Protected Use ADU is within 0.5 miles of a Transit Station.

Code compliance: The Protected Use ADU must comply with current safety, health and construction requirements before occupancy.

Preservation of characteristics: Any attached or detached Protected Use ADU shall retain the characteristic of the Principal Dwelling, except for the provision of an additional access or egress.

There shall be no more than one Protected Use ADU per lot.

Legal Ownership: The Protected Use ADU shall be accessory and not be legally separated or conveyed apart from the Principal Dwelling in order to keep the accessory nature of the ADU.

Sewage: Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such Protected Use ADU in accordance with the requirements of the Board of Health, as certified by a written report from the Board of Health.

Minimal Rental Period: Where the ADU or the Principal Dwelling is occupied as a rental unit, the minimum occupancy or rental term shall be 31 or more days and Short Term Rentals as defined by G.L. 64G shall be prohibited. Advertisement of any form for less than 31 days shall be conclusive evidence of a violation of this sub-section.

Site Plan Review. Notwithstanding the provisions of Section 615, Site Plan Review as outlined below shall be required for all Protected Use ADUs in a newly constructed structure or building.

If the principal dwelling to which an ADU will be added is a pre-existing nonconforming structure or is located on a nonconforming lot, and the alteration or extension to add an ADU will increase such nonconformity or create a new nonconformity, said extension or alteration shall be subject to G.L. c. 40A, Section 6 and Section 401 of the Zoning Bylaw, provided however, that a special permit shall not be required but a majority of the Zoning Board of Appeals shall make a finding that the proposed alteration of the structure is not substantially more detrimental to the neighborhood than the existing structure or use.

Administration and Enforcement

In a Residential Compatibility District, the Board of Appeals may issue a special permit for the use of a portion of a dwelling as a principal location for the practice of their occupation by a person (such as an architect, counselor, consultant, dentist, doctor, engineer, insurance broker, investment counselor, lawyer or real estate broker) who is a resident therein, provided that:

A home occupation, which will have no clients or pupils calling, will have no extraordinary deliveries of mail or packages, will have no signage, and will employ only residents of the dwelling, may obtain a permit for such use from the Zoning Enforcement Officer.

Uses and structures as permitted by Section 410.1 and 410.3 in accordance with all intensity, dimensional, and coverage regulations of Section 410.4.

Signs in accordance with Section 601.

The keeping of any registered commercial motor vehicle.

Any use which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in Town. Parks for trailers, travel trailers, tent trailers, trailer coaches and motor homes, auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities are expressly prohibited.

All Neighborhood Business 2 Structures, and all Neighborhood Business 1 Structures not otherwise listed in Section 421A.3.

In NB Light, no drive-through establishment, drive-through business or drive-through restaurant use shall be allowed.

Professional office for dental, architectural, engineering, renewable and alternative energy research and development, legal, medical, and other similar recognized professions; medical and dental clinics, including retail uses accessory thereto providing no more than twenty-five percent (25%) of the rentable floor space in a principal building exclusive of all storage areas is used therefor.

Real estate, insurance and general business office, banks, telephone office.

Dwelling in a business structure above the ground floor.

Greenhouse that is accessory to a business.

Retail sale of food items, including confectionery, dairy products, fruits, vegetables, groceries and meats.

Sale of baked goods and the manufacture of same for sale.

Sale of dry goods, variety merchandise and handicraft work.

Sale of clothing and clothing accessories.

Sale of hardware, household items including appliances, furniture, furnishings and supplies.

Sale of printed matter, drugs, stationery and photographic supplies.

Uses and structures as permitted by Section 410.1 and 410.3 in accordance with all intensity, dimensional, and coverage regulations of Section 410.4.

Signs in accordance with Section 601.

The keeping of any registered commercial motor vehicle.

Any use which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in Town. Parks for trailers, travel trailers, tent trailers, trailer coaches and motor homes, auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities are expressly prohibited.

All Neighborhood Business District 2 structures and uses.

Uses allowed in NB Light and as described in Section 421A.3.

Public transportation passenger station and right-of-way passenger bus terminal.

Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter or cabinet-maker and similar trades.

Special Permit Uses allowed in NB Light and as described in Section 421A.4.

Wireless Telecommunications Services Facility in accordance with Section 610.

Service establishment: barber and beauty shop, laundry agency, shoe and hat repair, bicycle and household appliance repair, dressmaking, dry cleaning and pressing or tailor shop where no work is done on the premises for retail outlets elsewhere.

Mortuary and funeral parlor.

Restaurant and other places for serving of food or beverages inside or outside the building at tables or counters, including public or private clubs.

Take-out food establishment or delicatessen where food is prepared but not consumed on the premises and sold retail; catering services.

All uses and structures permitted by special permit in Sections 421A.4, 421.3 and 421.4.

Retail business, services or public utility not involving manufacture on the premises, except of products, the major portion of which is to be sold at retail by the manufacturer to the consumer and provided further that no more than ten (10) operators shall be employed in such manufacture. Such retail businesses may include sales at wholesale, provided that the physical incidents (wholesale transactions) occurring on the premises are of substantially the same character as the physical incidents of its retail sale direct to the consumer and provided further that the major portion in number of its sales shall continue to be retail sales.

Automobile sales and services provided that, where it is proposed to dispense, sell or offer for sale, motor fuels directly to users of motor vehicles, all of the following criteria must be met:

Automobile sales and service including automobile sales, outdoor automobile sales display, service stations, repair and storage garage provided that washing, lubrication and major repair of motor vehicles are performed inside an enclosed building and all dispensing of fuels, lubricants and fluids is done entirely on the property of the business.

Boat sales, service and outdoor business and storage provided that major repair of engines is performed inside enclosed buildings and that all dispensing of fuels, lubricants and fluids is done entirely on the property of the business.

Sale of building materials.

Wireless Telecommunications Services Facility in accordance with Section 610.

all existing and proposed buildings, structures, parking spaces, driveways, driveway openings, service areas, and other uses;

existing and proposed contours at two (2) foot intervals;

proposed clear-sight distances at all driveway openings, existing and proposed ways;

existing and proposed water sources and volumes of use;

existing traffic counts and estimated future traffic volumes;

abutting land uses;

all facilities for disposal of sewerage, storage, and disposal of refuse and other waste disposal;

all facilities for surface water drainage or retention;

all principle landscape features;

where applicable, the limits of any defined Aquifer Protection Overlay District areas and/or Wetlands Protection Overlay District areas as specified in this Bylaw and the Zoning Map; and

all signs, parking and lighting shall be included.

Protection of adjoining premises against detrimental or offensive uses on the site;

Adequacy of space for vehicular access to the site and off-street parking and loading/unloading on the site;

Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways and land;

Adequacy of water supplies and distribution for domestic use fire protection;

Adequacy of the methods of storage and disposal for sewage, refuse and other wastes resulting from the uses permitted on the site and the methods of drainage or retention of surface water;

Maintenance and promotion of dispersed shade on paved areas through the effective use of established and/or new trees; and

Conformance to sign regulations in Section 601.

Minimum lot size for NB-L is 30,000 square feet.

Lot Dimension for NB-L:

Minimum lot size for NB-1 and NB-2 is 15,000 square feet.

Lot Dimension for NB-1 and NB-2:

In a Neighborhood Business District where present buildings are less than forty (40) feet from the right-of way line, new buildings may be placed as near the right-of-way line as the average buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as though occupied by a building set back forty (40) feet.

The minimum front setback shall be measured from the right-of-way giving legal access to any lot where a plan of the way is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty feet from and parallel with the center line of the traveled way. In the case of a corner lot, the distance of the front setback shall apply to any structure adjacent to either right-of-way.

In a Neighborhood Business District, no accessory building or structure shall be located within the required front setback. Accessory structures may be appended to the principal building or to another accessory building.

Applicability of MCOD - An applicant may develop multi-family housing located within a MCOD in accordance with the provisions of this Section 440.

Underlying Zoning - The MCOD is an overlay district superimposed over the underlying zoning districts. Development of land within the MCOD may be undertaken subject to the requirements of this Section 440 or by complying with all applicable requirements of the underlying district. Developments proceeding under this Section 440 shall be governed solely by the provisions herein and the standards or procedures of the underlying districts shall not apply. Where the MCOD provides for uses and dimensional controls not otherwise allowed in the underlying district and/or other applicable overlay districts, the provisions of the MCOD shall control. Uses and dimensional controls of the MCOD are not subject to any special permit requirements of the underlying district and/or other applicable overlay districts. Uses that are not identified in Section 440 are governed by the requirements of the existing underlying zoning district(s). Notwithstanding any requirement in the Zoning Bylaw, including definitions, there shall be no maximum number of occupants per dwelling unit created pursuant to this Section.

Density Protection - If an applicant proposes a development at the density specified for the subject MCOD per the Dimensional Standards stated in section 440.5 below, but conflicting dimensional or design standards imposed by other sections of the zoning ordinance would result in a reduction of density below the stated limit within the MCOD, the Planning Board shall waive or modify conflicting requirements to ensure that the desired level of density can be attained.

District/Areas - The MCOD contains “MCOD-Tremont” and “MCOD-Kingstown.” It is the intent of this Bylaw that the MCOD abut a State numbered highway.

Purpose and Intent - The purpose of this section is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Duxbury Comprehensive Plan, G.L. c. 40B sec. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to moderate income buyers. It is intended that the affordable housing units that result from this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count toward the Town’s requirements under G. L. c. 40B sec. 20-23.

Definitions - Definitions in Section 560.2 apply to this section.

Applicability - This Bylaw section shall apply to the areas designated for residential development, including associated open space or community facilities as described below.

Provision of Affordable Units - Ten percent (10%) of the units in a multiple unit development subject to this Bylaw shall be established as affordable housing units constructed or rehabilitated in the MCOD Area. Fractions of a dwelling unit shall be rounded down to the nearest whole number. In the event that the Town receives approval by Massachusetts Executive Office of Housing and Livable Communities of an Economic Feasibility Analysis which indicates feasibility of a higher affordability requirement, this requirement shall increase up to the maximum permitted by law.

Provisions Applicable to Affordable Housing Units

Marketing Plan for Affordable Units - Applicants under this Bylaw shall submit a marketing plan which describes how the affordable units will be marketed to potential homebuyers. This plan shall include a description of the lottery or other process to be used for selecting buyers. The marketing plan must describe how the applicant will accommodate the following local preference requirements.

Local Preference Policy - To the maximum extent permitted by law and, if applicable, any federal or state financing or subsidy program supporting the development, first preference for the initial offering of an affordable dwelling unit shall be given to households that meet one or more of the following criteria:

Maximum Incomes and Selling Prices: Initial Sale

Preservation of Affordability; Restrictions on Resale - Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability to qualified purchasers in the future. The resale controls shall be established through a deed rider or an affordable housing restriction as defined by G.L. c.184, Section 31, recorded at the Plymouth County Registry of Deeds or the Land Court, and shall be in force for as long a period as is lawful. The affordable housing use restriction shall meet the requirements of the Local Initiative Program.

Procedures and Regulations for development in MCOD

2 or more buildings on the same lot with more than 1 residential dwelling unit in each building;

One building on a lot with three or more dwelling units;

Multiple buildings on a lot with three or more residential dwelling units in each building.

Parking - surface parking lots, under building spaces, garage parking spaces in an accessory building (See 440.802.10)

Public Space for Active Use: Community Garden

Public Space for Passive Use: Courtyard, greens, walking trails

Public space is a sub-set of Open Space (440.802.4) - and subject to alternate standards (see 440.802.5)

Dimensional Standards - Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MCOD are shown in the Dimensional Standard Table as follows:

Building Height Exceptions – The maximum height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.

Renewable Energy Installation Exemptions – The Planning Board may waive the height and setback requirements in this Section 440.7, Intensity & Dimensional Standards, to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air- source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately screened from view and integrated into the architectural design of the building. The installations shall not provide additional habitable space within the development.

Types of Buildings – Multifamily residential developments may consist of any combination of two- family and multifamily residential structures.

Multiple Buildings – In the MCOD, lots may have more than one building. For purposes of this bylaw a single building in each development shall be designated as the main building by the developer and identified on the site plan. The main building shall be distinguished by a notably larger size or a prominent location with a clear visual approach from the most primary street, and have an obvious primary entrance, for the purpose of orienting a new resident or visitor on the site.

Connections – The site layout design shall be pedestrian friendly, supporting the goal of integrating pedestrian access to public transit for residents and the general public. Indicators of compliance with this criterion include:

Vehicular Access – Where feasible, curb cuts shall be minimized, and shared driveways encouraged and primary access shall be from a State maintained numbered route.

Open Space Design Requirements – The location of open space (as applicable below) shall be consistent with the policies contained in the Duxbury Comprehensive Plan and the Open Space and Recreation Plan, as amended. The following design requirements shall apply to open space and lots provided through this Bylaw:

Public Space Design Requirements – Public spaces shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forest land and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized. Where open space is present on abutting properties, open space shall be arranged, to the maximum extent possible, to connect to the abutting open space where feasible. These parcels and open spaces shall be linked by trails.

Plantings – Plantings shall include species that are native, drought resistant, salt tolerant, pollinator plants that are adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

Lighting – Light levels shall meet but not exceed by more than 15% the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) or a successor organization and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow. Parking lot lighting fixtures shall not emit light above the horizontal plane of the fixture. All emitted light shall be at or below 90 degrees. The municipal authority shall establish curfew time(s) after which total outdoor lighting lumens shall be reduced by at least 30% or preferably extinguished. Exceptions to reduction or extinguishment include lighting required by code for stairs, steps, walkways, and entrances, motion activated lighting, and specific situations where the building inspector deems the lighting to be necessary.

Mechanical Equipment – Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened from view. Noise shall be abated with appropriate sound-deadening screening.

Dumpsters – All Dumpsters, compactors, or other trash and recycling collection points shall be screened by appropriate fencing and vegetative buffers. Where possible, such collection points shall be located within the building. Outdoor dumpsters or other trash and recycling collection points shall not be visible from abutting residential development and public streets. All dumpsters and recycling receptacles shall have tight fitting lids and be kept closed and located at least fifty (50) feet from abutting residential development and public streets if not housed inside a building. All dumpsters and recycling receptacles and related screenings and enclosures shall be shown on the site plan.

Stormwater Management – All multifamily and mixed use developments shall have storm water management designs that are in compliance with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Town’s MS4 Permit for projects that disturb more than one acre and discharge to the Town’s municipal stormwater system, Stormwater Pollution Prevention Plan (SWPP) and an Operations and Management Plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

Multifamily Buildings

Definitions – Definitions from Section 725 are included in this section 440.803. Where definitions are ambiguous or conflict, the definition in this Section 440 shall control.

Community Considerations - The following considerations shall be made in favor of the Town.

Road Location Standards – Interior roads shall be designed to converge traffic flows at convenient access points. Road design shall minimize traffic flows in residential areas. Gridiron arrangements shall not be allowed. To facilitate traffic flow at major intersections turning lanes shall be installed at community facilities and may be required at other impacted intersections.

Ways:

Intersections:

Utilities – All utilities shall be placed underground. Common trenches shall be utilized where practical. The minimum easement width shall be ten feet and shall be within the street right-of-way lines. Care shall be taken to avoid excessive clearing and to maintain control of grading.

Right-of-Way Improvements

Identification

Grading

Parking

The division and/or subdivision of land held in single ownership as of January 1, 2001 or anytime thereafter into six (6) or more lots, or

The division of a tract of land greater than ten (10) acres into five (5) or more lots,

shall require a special permit from the Planning Board under the provisions of Section 540, unless application is made under Section 700 of the Zoning Bylaw, in which case the special permit granting authority shall be the Board of Appeals.

The construction of six (6) or more dwelling units on land that does not require land division and/or subdivision, whether on one or more contiguous parcels held in single ownership as of January 1, 2001 or anytime thereafter, shall require a special permit from the Board of Appeals under Article 700.

Allow for greater flexibility and creativity in the design of residential developments.

Encourage the permanent preservation of open space, agricultural and forestry land, other natural resources including waterbodies and wetlands, and historical and archeological resources.

Maintain the Town’s traditional character and land use pattern in which small villages contrast with open land.

Protect scenic vistas from the Town’s roadways and other places.

Encourage screening of new residential development from the Town’s roads, open spaces and scenic areas.

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

Protect existing and potential municipal water supplies.

Encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision.

Minimize the total amount of disturbance on the site.

Preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails.

Encourage the provision of diverse housing opportunities and the integration of a variety of housing types.

Further the goals and policies of the Duxbury Comprehensive Plan.

The degree to which the topography of the locus will not be preserved by a RCC Development;

The degree to which stormwater runoff and erosion will not be minimized by a RCC Development;

The degree to which the RCC Development will result in inappropriate site planning, subdivision design and/or damage to the site’s natural features;

The degree to which the RCC Development will not preserve or protect abutting properties and associated views and vistas;

The degree to which public safety will be threatened by a RCC Development;

The degree to which other site specific attributes or site specific concerns are not appropriately addressed by a RCC Development.

Pre-Application Meeting: A pre-application meeting between the Planning Board and/or Planning Department and the applicant is strongly encouraged.

Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the 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. One of the purposes of this review is to determine the number of lots possible in the RCC Development. For this reason, it is strongly recommended that a copy of the existing conditions plan required in Section 540.4.3 below be submitted at this stage. 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. Upon receipt of the Planning Board’s written decision regarding said plan, the applicant may submit a definitive subdivision and RCC Development plan in accordance with the Planning Board’s written decision. 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 and RCC Development plan in accordance with Section 540.4.3 of this Bylaw.

Definitive Subdivision and RCC Development Plan: The Definitive RCC Development Subdivision 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. A team including a Registered Civil Engineer, Registered Land Surveyor, and a Registered Landscape Architect shall prepare the plan. An accompanying Existing Conditions Plan shall depict existing topography, wetlands, waterbodies and the one hundred (100) year floodplain, all existing rights of way, easements, existing structures, the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views, watershed divides and drainage ways, fences and stone walls, roads, driveways, and cart paths. Submission of photographs depicting existing conditions, views and vistas from various locations on the property and from public and private ways shall accompany the plan submission. The Site Analysis shall also show locations of soil test pits and percolation tests, with supporting documentation on test results. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. Applicants should refer to the Subdivision Rules and Regulations for provisions regarding preparation and submittal of plans.

Density/Number of Dwelling Units: The total number of dwelling units in a Residential Conservation Cluster shall be determined by the following formula:

The number of dwelling units permitted in a Residential Conservation Cluster shall not exceed that which would be permitted under a conventional subdivision that complies with the Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board and any other applicable laws and regulations.

Review and Decision: Upon receipt of the application and the required plans, the Planning Board shall transmit one copy each to the Board of Health, Historical Commission, and Conservation Commission. Within forty-five (45) days of their receipt of the application/plans, these agencies shall submit any recommendations to the Planning Board. The Planning Board shall act on applications according to the procedure specified in G. L. c. 40A, sec. 9. Notice shall be provided of hearings in accordance with Chapter 40A, sec. 11 and Chapter 41, sec. 81T. Public hearings for the subdivision application and the special permit application shall be conducted concurrently.

Criteria for Special Permit Decision:

Minimum Lot Size: The minimum lot size shall be one-half (1/2) the square footage otherwise required by the Zoning District in which the project is located.

Minimum Frontage: The minimum frontage may be reduced from frontage otherwise required in the Zoning District, provided however that no lot shall have less than fifty (50) feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways.

Setbacks: Provided that no objection to the contrary is raised by the Fire Department, the Planning Board may reduce by up to one-half (1/2) the setbacks otherwise required by the Zoning Bylaw if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. Notwithstanding this provision or the requirements of the Zoning Bylaw, every dwelling fronting on the proposed roadways shall be set back a minimum of fifteen (15) feet from the roadway right-of–way, and a minimum of fifty (50) feet from the outer perimeter of the land subject to the application. This fifty (50) foot setback shall be maintained in a naturally vegetated state to screen and buffer the development and may be included within the open space. This setback may be eliminated where the proposed development abuts existing permanent open space. Wherever feasible, construction of the dwelling at the front setback line is encouraged.

Required Open Space: All land area not utilized for lots, roads, and drainage shall be set aside as open space. A minimum of sixty percent (60%) of the upland area of the parcel (“applicable land area”) shall be provided as open space. As an exception, where the open space is proposed to be deeded to the Town or a qualified land trust pursuant to 540.7 of this Bylaw, and in fact, such a transfer occurs, a minimum of fifty percent (50%) of the upland area of the parcel shall be provided as open space. Applicants are encouraged to include wetlands and waterbodies within the open space; however, they do not count toward the open space requirement. Roadway rights-of-way shall not count toward the area to be provided as open space.

Purposes: Open space shall be used solely for recreation, conservation, or agriculture purposes by residents and/or the public. Where appropriate, multiple use of open space is encouraged. At least half of the required open space may be required by the Planning Board to be left in a natural state. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space.

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. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development. No portion of the open space containing components of a sewage disposal system(s) shall count toward the open space requirements of Section 540.5.4, nor shall any portion of said open space areas be accepted by the Town or conveyed to a nonprofit organization other than a corporation or trust described in Section 540.7(c).

Ownership Options: At the developer’s option and subject to approval by the Planning Board, all areas to be protected as open space shall be:

Permanent Restriction: In any case when open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction, in accordance with G. L. c. 184 sec. 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. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court simultaneously with recording of the definitive subdivision plan. A management plan may be required by the Planning Board that describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.

Encumbrances: All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

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. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses.

Understanding the Site. 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.

Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with Duxbury’s historical development patterns.

Lot Lines. The final step is to draw the lot lines.

Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than one hundred [100] feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas.

Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized.

Open space may be in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses. Where feasible, these parcels shall be linked by trails.

Where the proposed development abuts or includes a body of water or a wetland, these areas and the one hundred (100) foot buffer to such areas shall be incorporated into the open space. Where appropriate, reasonable access shall be provided to shorelines.

The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.

Open space shall be provided with adequate access, by a strip of land at least twenty (20) feet wide, suitable for a footpath, from one (1) or more streets in the development.

Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized.

Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land. Trail connections should be provided where appropriate.

Residential structures shall be oriented toward the street serving the premises.

Affordable Housing Unit. A dwelling unit that qualifies as a local initiative unit under the Commonwealth’s Local Initiative Program and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23.

Qualified affordable housing unit purchaser. 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).

Division of Land. This Bylaw shall apply to the division of land into six (6) or more lots, and shall require a special permit from the Planning Board under Section 530 or Section 540 of the Zoning Bylaw. A special permit shall be required for land divisions under G. L. c. 40A sec. 9 as well as for “conventional” or “grid” divisions allowed by G. L. c. 41 sec. 81-L and sec. 81-U, including those divisions of land that do not require subdivision approval.

Multiple Units. This Bylaw shall apply to the construction of six (6) or more dwelling units in accordance with Section 700 of the Zoning Bylaw, whether on one or more contiguous parcels, and shall require a special permit from the Board of Appeals.

At least ten percent (10%) of the lots in a division of land or units in a multiple unit development subject to this Bylaw shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on.

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.

Minimum design and construction standards for affordable units – Affordable housing units within market rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units.

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:

Fractions of units shall not be counted.

The developer of the housing units or his/her agent shall verify prior to transferring title or executing a lease that each prospective purchaser or renter of an affordable housing unit created under this Bylaw is a household of low or moderate income, as defined by the Commonwealth’s Local Initiative Program (LIP). Toward this end:

The maximum allowable purchase price or maximum allowable rent for affordable units created under this Bylaw shall comply with the regulations and guidelines of the Local Initiative Program (LIP).

Resale price – Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit’s appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted in Section 560.10. For example, if a unit appraised for $300,000 is sold for $225,000 as a result of this Bylaw, it has sold for seventy-five percent (75%) of its appraised value. If, several years later, the appraised value of the unit at the time of proposed resale is $325,000, the unit may be sold for no more than $243,750, or seventy-five percent (75%) of the appraised value of $325,000.

Right of first refusal to purchase – The purchaser of an affordable housing unit developed as a result of this Bylaw shall agree to execute a deed rider prepared by the Town, granting, among other things, the Town’s right of first refusal for a period not less than the maximum period allowable under guidelines set by the Department of Housing and Community Development for Local Initiative Units as defined by the Local Initiative Program, to purchase the property or assignment thereof, in the event that, despite diligent efforts to sell the property, a subsequent qualified purchaser cannot be located.

The Planning Board or Board of Appeals 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.

The Planning Board or Board of Appeals 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 560.10. The Zoning Enforcement Officer shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded at the Plymouth County Registry of Deeds or the Land Court.

Calculation of fees-in-lieu of units. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. For each affordable unit not constructed or provided through one or a combination of the methods specified in 560.5 (a) through (c), the fee shall be an amount equal to the difference between the median sale price for new single-family homes built in Duxbury during the preceding three fiscal years, as determined and reported by the Board of Assessors, and the purchase price of a home that is affordable to a qualified purchaser.

Schedule of fees in lieu of construction. Fees in lieu of construction shall be paid to the Town of Duxbury Affordable Housing Trust by the applicant at the time of application for building permits, according to the applicant’s choice of one of the two following payment schedules:

Affordable Housing Unit: See Section 560.2.1

Low and Moderate Income Household: A household income not exceeding eighty percent (80%) of the median household income, adjusted for household size, in the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury, as determined annually by the U.S. Department of Housing and Urban Development (HUD).

Median Household Income: The median household income for the metropolitan or non-metropolitan statistical area that includes the Town of Duxbury, as determined annually by the U.S. Department of Housing and Urban Development (HUD).

Qualified Affordable Housing Unit Purchaser: See Section 560.2.2.

Use Restriction: A deed restriction or other legal instrument recorded in the Plymouth County Registry of Deeds or land court registry district which effectively restricts the occupancy of an affordable housing unit to households of low and moderate income during the term of affordability. Selection of eligible tenant/owners shall be made in a fair and reasonable manner in compliance with any and all applicable fair housing and antidiscrimination laws.

Upland Area: All lands not defined herein as wetlands.

Floor Area Ratio (FAR): Gross floor area of all buildings on the lot measured in square feet, divided by the total square footage of the entire lot.

Vacant Lot: A lot absent of any man-made structure above the surface.

Appraised Value: An opinion of value developed by a Massachusetts licensed real estate appraiser that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP).

Effective Date: March 8, 2008.

Pre-Existing Lot: Eligible parcels must have existed as a separate lot of record prior to the effective date of this Bylaw (the “Effective Date”). No landowner shall be eligible for more than one (1) affordable housing unit lot from a single parcel of land, or from adjoining parcels of land in common ownership, based on the ownership status of the land as determined by instruments and plans on file at the Plymouth County Registry of Deeds as of the Effective Date. No affordable housing unit lot shall be further divided. The Planning Board shall note such limitations, with a description of the land affected by such limitations, in its written decision.

Existing Ownership and Use: Eligible lots must be in private ownership and vacant prior to and following the Effective Date. Eligible lots may also be owned by the Duxbury Affordable Housing Trust and/or any other non-profit housing entity.

Dimensional Characteristics: Eligible lots must meet the dimensional characteristics prior to the Effective Date:

Setbacks: All structures must be set back thirty (30) feet from all front, side and rear property lines.

Access: The applicant shall provide for safe access for public safety vehicles and personnel to the dwelling unit to be constructed on the lot, and the intersection of such access driveway to the public way shall be placed across the frontage in the best location available to the applicant.

Dwelling Unit Size and Coverage: The size of a dwelling unit and number of bedrooms in the Aquifer Protection Overlay District (APOD) zone shall meet the requirements of Section 406 herein.

Floor Area Ratio: The maximum floor area ratio (FAR) of the dwelling shall not exceed 0.15 up to a maximum of two thousand five hundred (2,500) square feet per dwelling unit. Future additions or alterations that would exceed the two thousand five hundred (2,500) square feet maximum floor area ratio are prohibited once a special permit has been issued.

Minimum and Maximum and Dwelling Unit Size: Each Affordable Housing Unit shall contain a minimum area of seven hundred (700) square feet with one (1) bedroom; a minimum area of eight hundred fifty (850) square feet with two (2) bedrooms; a minimum area of one thousand two hundred (1,200) square feet with three (3) bedrooms; or a minimum area of one thousand four hundred (1,400) square feet with four (4) bedrooms or more. The maximum dwelling unit size shall not exceed the FAR.

Utilities: All utilities shall be installed underground.

Purchase or Rent: The Affordable Housing Unit permitted by this section shall be restricted for purchase or rent by only low and moderate households, in accordance with the standards set forth in this section.

Parking: All private parking areas shall be contained entirely on the property.

Plans: The applicant shall submit, along with the special permit application, a surveyed site plan depicting the proposed affordable housing unit and lot layout. The plan shall be prepared by a registered land surveyor, and shall be in such form as will be required for recording with the Registry of Deeds or filing with the Land Court.

Control of Substantially Irregular Lot Shape: No lot shall be created which is substantially irregular in shape. For the purposes of this section, a lot is “substantially irregular” if it has a regularity factor which is less than 0.4 as determined by the following formula: r = 16A/P² where r = regularity factor; A = area of the lot (in square feet); and P = perimeter of the lot (in feet). Lots less than 0.4 by the applied formula shall be considered ineligible for the purposes of this Bylaw. (See Figure 1 below).

Other Requirements: All other requirements of Article 500 and the remainder of this Bylaw shall remain applicable and in full force and effect.

The restriction shall be assured in perpetuity or for the longest period of time allowed by applicable law.

The restriction shall be recorded as a condition of deed or mortgage.

The restriction shall have a legal mechanism for compliance that occurs without Town intervention in any form or manner.

The restriction shall include a process for verification of compliance.

The restriction shall ensure that the affordable housing unit may only be sold to Qualified Affordable Housing Unit Purchasers at an affordable price, or leased to Qualified Affordable Housing Unit Renters at affordable rents, subject to Section 570.6.3 herein.

The restriction shall provide that the affordable housing unit must be sold or rented on a fair and open basis.

Proof of Income Eligibility: To ensure that only eligible households may purchase affordable housing units pursuant to this Bylaw, the purchaser of an affordable housing unit shall be required to submit copies of the last three (3) years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her/their agent, and within thirty (30) days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Department of Housing and Community Development, and as may be revised from time to time.

Maximum Housing Cost: The maximum housing cost for affordable units created under this Bylaw is as established by the Commonwealth's Department of Housing and Community Development, Local Initiative Program, as may be revised from time to time, or as revised from time to time by the Town.

Preservation of Affordability: Each affordable unit created in accordance with this Bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a use restriction on the property pursuant to Section 570.4 above and shall be in full force and effect in perpetuity or the longest period of time allowed by applicable law.

Resale Price: Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount sale price not to exceed ninety percent (90%) of the property’s appraised value (as defined under Section 570.1 above) at the time of sale. This percentage shall be recorded as part of the restriction on the property pursuant to Section 570.4 above.

Right of First Refusal to Purchase: The purchaser of an affordable housing unit developed as a result of this Bylaw shall agree to execute a deed rider approved by the Town, consistent with model riders prepared by Department of Housing and Community Development, granting, among other things, the Town of Duxbury or the Duxbury Affordable Housing Trust the right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.

Deed Restrictions: The Planning Board shall require, as a condition for a special permit under this Bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of a regulatory agreement pursuant to Section 570.4 above. The Building Commissioner/Inspector shall not issue a building permit for any affordable unit until the regulatory agreement is recorded.

The proposed affordable housing unit will be in harmony with the general purpose and intent of the Bylaws;

The increase in density resulting from the grant of a special permit will not adversely affect the surrounding neighborhood;

The placement of a new single family housing unit on the non-conforming lot can be accomplished without jeopardizing public health or safety, and without detriment to the environment: and

In determining whether or not to grant a special permit for development of an affordable housing unit lot, and in determining what conditions, if any, to impose on such a special permit, the Planning Board may consider, among other things, circumstances related to soil conditions, topography, lot history, wetlands, proposed building locations, and public safety and convenience.

In all districts, all exterior signs or advertising devices erected or maintained must, unless expressly provided, conform to the following requirements.

The information contained on all signs for business shall be limited to the type of business, goods or service offered and name of business and/or owner.

Whenever possible, a flush mounted sign attached to the wall of the building shall be used. The method of attaching the sign must be approved by the Zoning Enforcement Officer.

If, in the opinion of the Board of Appeals a flush mounted sign would not be adequately visible from a public way, a Special Permit may be sought from the Board of Appeals for the erection of one freestanding sign of not more than two faces. The Special Permit may be conditional upon restrictions that regulate design, illumination, size, colors and construction.

Private signs shall not be placed on publicly owned property unless authorized by the Board of Selectmen.

Signs not exceeding one square foot containing cautionary or directional information for traffic flow require the approval of the Zoning Enforcement Officer. Informational, directional and traffic signs owned and installed by a government agency are permitted by right.

Sign materials should be durable and easy to maintain. Materials such as wood, brass or bronze are most appropriate.

In the case of a sign for business use, a primary sign containing information on the name of the business, owner, and goods or services offered shall be limited to one that is located on the same side of the building as the main entrance. In addition, one accessory sign may be erected on any other side of the building in view of a parking area or public way.

Sign applications for a Special Permit approval must include the following information: Three (3) copies of a scale drawing showing the dimensions of the proposed sign, construction details, any designs or logo, lettering, colors, materials and a cross section of the sign with dimensions. The proposed location of the sign must be identified on a photograph or scale architectural drawing of the building that shows the height above grade and any other necessary dimensions or design features requested by the Board of Appeals. The Design Review Board shall review the application and submit its comments to the Board of Appeals.

Proposed signs should, by their location and design, be harmonious with the buildings and sites that they occupy. When acting upon a Special Permit application for a sign, the Board of Appeals shall consider the proposed sign in relation to the character of the building and surrounding neighborhood. Signs should be informative, legible and designed to improve the quality of the streetscape.

Applications for sign permits must include two copies of the following information. The proposed size, colors, dimensions, materials and location of the sign in sufficient detail for the Zoning Enforcement Officer to evaluate the application. The method of attaching the sign to a structure or erecting the sign must be described.

The Zoning Enforcement Officer shall evaluate the proposed sign’s location, size, materials, and design to determine if the sign is in compliance with the dimensional regulations set forth in Section 601.6 prior to issuance of a sign permit.

Awning Signs: Advertising on awnings must be painted on or attached flat against the surface of the awning and not project beyond the valance nor be attached to the underside.

Cautionary Signs: Not to exceed three (3) square feet in area.

Directional Signs: Not to exceed three (3) square feet in area.

For Sale, Rent or Lease Signs:

Flush Mounted Signs: Not to exceed one (1) square foot for each linear foot of the façade or wall on the side of the premises containing the main entrance minus the area of any accessory signs, to a maximum of fifty (50) square feet.

Freestanding Signs: Not to exceed twenty-five (25) square feet in area with a maximum height of twelve (12) feet and a minimum height above the ground of thirty (30) inches.

Hanging Signs: Not to exceed five (5) square feet in area with the lowest part of the sign a minimum of ten (10) feet above ground and not extending above the top of the wall or façade.

Temporary Signs:

Window Signs: Signs mounted on windows in addition to the requirements for flush mounted signs, shall not cover more than thirty percent (30%) of the window area.

No sign shall extend above the roof line of the building to which it is fastened.

Electric or any other powered signs shall not blink, flash or have moving parts. Neon signs are prohibited. Signs containing reflective elements which sparkle in the sunshine are not permitted.

Billboards are not permitted.

Any sign advertising a business or organization no longer located on the premises is not permitted.

Any signs that obstruct the corner clearance, clear site triangle of any intersection as defined in Section 603.10.3 of this Bylaw are not permitted.

String lights used in connection with commercial enterprises, except for temporary lighting used for decoration during the specific holiday season.

Signs not exceeding one square foot in area and bearing only property numbers, names of occupants or other identification of premises not having commercial connotations.

Flags and insignia of any government except when displayed in connection with commercial promotion.

Legal notices, identification, informational or directional signs erected or required by governmental bodies.

Carved or other integral devices identifying the building name or date of erection.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Standard gasoline pumps, vending machines, or similar devices bearing thereon in usual size and form the product name and type, provided that copy area not exceed four (4) square feet.

Temporary signs erected for any charitable or religious cause or allowed by the Board of Selectmen.

Signs not exceeding three (3) square feet, necessary to warn of a hazard or to post land, shall be permitted as required to accomplish these purposes.

Signs that advertise the sale, lease or rent of a lot or building shall be located only on the property which is being advertised. Signs shall not exceed six (6) square feet in area or two in number. One sign advertising the sale of lots or buildings in approved subdivisions is permitted at the intersection of the new and existing streets. Said sign shall not exceed twenty (20) square feet or be greater than ten (10) feet in any dimension. Any such signs shall be removed within five days of the lease or sale of the premises or the sale of the last lot in the subdivision.

Maintenance and Removal:

Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. The Zoning Enforcement Officer shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which shall constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence.

Abandoned Signs:

Except as otherwise provided in the section, any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned, unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.

Dangerous or Defective Signs:

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

Removal of Signs by the Zoning Enforcement Officer:

The Zoning Enforcement Officer shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or materially, electrically, or structurally defective sign, or a sign for which no permit has been issued.

Provide adequate parking for business and residences in all zoning districts.

Promote traffic safety for both vehicular and pedestrian traffic.

Ensure orderly access and egress to and from the public way.

Protect abutting residential properties from such nuisances as noise, fumes, headlight glare, dust and increased surface water runoff from the land covered by impervious surfaces.

Provide visual relief from broad expanses of pavements and vehicles.

Reduce congestion on public ways.

Parking and loading areas shall be designed and constructed to contain all stormwater runoff on the premises. The drainage system shall be designed and constructed to include the following:

The following information shall be submitted for review of the drainage design:

In large parking areas with fifty or more spaces, the parking lot shall be subdivided by landscaped islands. The landscaped islands shall have a width of not less than three feet and shall be planted with bushes and mulched. One tree or bush shall be provided for every five parking spaces. The diagram below illustrates two alternative types of parking for landscaping.

A landscaped elevated berm shall be provided adjacent to the traveled way to separate parking and other uses from the road. This buffer strip shall be planted with grass and shrubs or trees. Plantings must not obstruct the clear sight distance of driveways.

Storage and loading areas, dumpsters, utility buildings, machinery and other unsightly uses shall be screened from view by a tight fence or dense plantings.

All areas that are landscaped must be properly maintained. Trees and shrubs that die must be replaced within one growing season.

Parking areas that abut the Residential Compatibility District shall provide a ten-foot (10’) landscaped buffer strip that will adequately screen the parking lot from residential buildings. Trees, hedges, bushes, berms or tight fences shall be provided.

All landscaped areas shall be properly maintained. Shrubs or trees that die must be replaced within one (1) growing season.

Curb Cuts: The number of curb cuts on state and local roadways shall be minimized in order to promote the orderly flow of traffic on public streets and provide for pedestrian safety. The number of driveways shall be limited to two per street line. To the extent feasible, access to business shall be provided by one of the following:

Width: The width of an entrance or exit for one-way traffic shall not be less than twelve (12’) feet wide. The width of a driveway for two way traffic shall be twenty-four (24’) feet wide. Both shall have the appropriate radius curbing installed.

Sight Distance: All driveways serving a business must comply with the corner clearance requirements of this section. Parking plans shall include delineation of the clear sight triangle. Clear sight distance at the intersection of a driveway serving a business and an existing way shall be defined by a clear sight triangle at the intersection. Two sides of the triangle shall coincide with the centerline of the access road and the existing way respectively. The third side of the triangle, measured from the centerline of the access road at a point thirty (30’) feet from the centerline of the existing way, shall be identified as the clear sight distance. Depending on the speed limit along the existing way, the minimum sight distance shall be as follows:

*miles per hour

Measurements of the clear sight distance shall be based on a line of sight at a level three and one-half (3.5) feet above road surface at each end of the clear sight distance.

Inside the clear sight triangle, no vision-obstructing object or landscaping shall be permitted between a height of three and one-half (3.5’) feet and eight (8’) feet above the plane identified by the adjacent curb grades.

The Commission is satisfied that there is no reasonable likelihood that either the owner of some other person or group is willing to purchase, preserve, rehabilitate, restore or relocate such building or structure; or

The Commission is satisfied that the owner has made continuing, bona fide, and reasonable efforts to locate a purchaser to preserve, rehabilitate, restore or relocate the subject building or structure, and that such efforts have been unsuccessful. These efforts could include, but not be limited to, listing the building with a realtor or realtors, advertising in local general circulation newspapers; and advertising in one Boston general circulation newspaper; or

The applicant has agreed to accept specific conditions approved by the Commission.

A wireless telecommunications service facility antenna may be attached to any existing lattice tower, monopole, utility pole, electric utility transmission tower or water tank in any zoning district, except on towers supporting antennas used for citizen’s bands, amateur radio, or television receiving antennas, provided that the installation of the new facility does not substantially alter the size or increase the height of the existing structure. Issuance of a building permit for such installations shall require prior site plan approval by the Planning Board in accordance with the applicable requirements and determinants under Section 615. The installation of a wireless telecommunications service facility attached to such existing structure may exceed the height of the existing structure by no more than ten (10) feet, subject to the issuance of a Special Permit by the Board of Appeals and prior site plan approval by the Planning Board.

A wireless telecommunications service facility antenna may be installed within any existing church steeple in any zoning district, provided such antenna and accessory equipment is completely enclosed and not visible from outside the structure.

A wireless telecommunications service facility antenna may be installed within any structure used exclusively for business in a business district, provided such antennas are completely enclosed and not visible from any adjacent street. Issuance of a building permit for such installations shall require prior site plan approval by the Planning Board in accordance with the applicable requirements and determinants under Section 615.1. The installation of an exterior wireless communication facility antenna on a structure used exclusively for business in a business district shall not exceed the existing height of the building by more than ten (10) feet, subject to the issuance of a Special Permit by the Board of Appeals and prior site plan approval by the Planning Board.

A wireless telecommunications service facility tower and accessory equipment shelter(s) may be constructed provided the maximum tower height shall be one-hundred (100) vertical feet above ground level. Whip antennas may extend a maximum of ten (10) feet above the top of a tower. Such facilities shall require a Special Permit by the Board of Appeals and prior site plan approval by the Planning Board. Guyed towers are prohibited. No more than one such tower may be located on a lot.

Wireless telecommunications service facilities and antennas shall not be located:

Height

Setback from Side Lot Lines and Street. Any wireless telecommunications service tower shall be set back from adjacent lot lines and any street line by the sum of its vertical height above ground level and the height of the highest attached whip antenna above the structure, or by its fall zone, whichever is greater.

Setback from Nearest Dwelling Unit. The minimum distance from the center of the tower base of any wireless telecommunications service tower to a dwelling unit located on adjacent or nearby property shall be four hundred (400) feet.

Equipment Shelters. An equipment shelter accessory to a tower shall not exceed an aggregate of eight hundred (800) square feet in structure footprint. No more than one (1) such above-ground auxiliary structure shall be constructed.

Federal and State Requirements. Wireless telecommunications service facilities and equipment shelter shall be constructed, installed, maintained and used in compliance with all applicable Federal and State laws, rules and regulations.

Visibility. Wireless telecommunications service facilities shall be as unobtrusive as possible and, if mounted on a business structure, shall be compatible with the style and color of the structure upon which it is located.

Co-Location. To the extent feasible, licensed carriers and Town communication systems shall co-locate on a single wireless telecommunications service monopole or tower. The Town shall reserve the right to place its communications antenna(s) within the top twenty (20) percent of the vertical height above ground level of any monopole or tower in order to accommodate its communications needs. It shall remain the licensed carrier’s responsibility to ensure that the installation or location of other antenna(s) on the monopole or tower does not cause interference with the Town’s communications system. Such facility shall be designed insofar as is reasonable to structurally accommodate foreseeable future users. A new tower or monopole facility shall be considered only upon a finding that existing or approved structures or facilities cannot accommodate the equipment planned for the proposed facility.

Fencing. Fencing at least eight (8) feet in height shall be erected around the base of any wireless telecommunications service tower or monopole and any equipment shelter sufficient to prevent public entry to the facility. Barbed wire is prohibited.

Plantings. A dense hedge of fast-growing, evergreen material shall be planted and maintained around the exterior of required fencing. This material shall not be less than four (4) feet in height when planted. The Board of Appeals may require that evergreen trees and/or other suitable material be planted between a wireless telecommunications tower facility and residential units.

Signs. No exterior signs shall be installed on a wireless telecommunications service tower, equipment shelter, surrounding property or fence, except as necessary for security, safety, and to identify the property.

Lighting. Lighting of an equipment shelter or a wireless telecommunications service tower is prohibited except insofar as required for security and maintenance purposes at ground story level. Such lighting shall be shielded from adjacent properties by a total cutoff of light at the property line, and foot-candle measurements at the property line shall be 0.0 foot-candles when measured at grade.

Noise. Ground-mounted equipment for wireless telecommunication service facilities shall not generate noise in excess of fifty (50) dB at the property line. Roof-mounted or side-mounted equipment for wireless telecommunications service facilities shall not generate noise in excess of fifty (50) dB at ground level at the base of the building closest to the antenna.

Radio Frequency Radiation (RFR) Standards. All equipment proposed for a wireless telecommunications service facility shall be authorized in accordance with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.

Fumes and Hazardous Waste. The generation of noxious fumes and the storage or disposal of hazardous waste on the site of a wireless telecommunications service facility is prohibited.

Access. Any driveway required to construct and maintain a wireless telecommunications service tower shall not be paved and shall minimize cut and fill and vegetation removal to the maximum extent practicable.

Utilities. Any utility lines to serve a wireless telecommunications tower facility shall be placed underground.

Special Permit Granting Authority. The Special Permit granting authority shall be the Board of Appeals, which shall review and decide applications for wireless telecommunication service facilities that require the issuance of a Special Permit under Section 610.4 Use Regulations, in accordance with the procedures and standards set forth in Sections 906.2 and 906.4, the requirements and standards of Section 610, and the findings and conclusions of the Planning Board pursuant to Section 615.

Site Plan Approval. The site plan approval authority shall be the Planning Board, which shall report its findings and conclusions under Section 615, and any regulations it may adopt, to the Zoning Enforcement Officer within twenty-five (25) days of receipt of an application for a building permit for a wireless telecommunications service facility antenna that does not require a Special Permit under Section 610.5. For those wireless telecommunication service facilities that require a Special Permit under Section 610.4, the Planning Board shall report its findings and conclusions under Section 615, and any regulations it may adopt, to the Board of Appeals five (5) days prior to the public hearing on the Special Permit application.

Submission Requirements

Referral. The Board of Appeals shall refer a Special Permit application and all related submittals, plans, and statements to Town boards and commissions for their written comments and recommendations pursuant to Section 906.4.

Telecommunications Specialists. The Planning Board and the Board of Appeals may each hire a telecommunications specialist as they deem necessary to assist with their respective reviews of an application for a building permit or Special Permit under this Bylaw. The boards may adopt regulations establishing a fee for such professional services to be paid by the applicant(s).

Monitoring and Maintenance. The owner/operator of any wireless telecommunications service facility shall annually, after the issuance of a certificate of zoning compliance by the Zoning Enforcement Officer under Section 904.2, submit calculations of cumulative radio frequency emissions levels to the Zoning Enforcement Officer and Board of Health. The calculations shall be signed and certified by a registered radio frequency engineer and shall include a statement that they meet the emissions standards of the FCC and Massachusetts Department of Health. The owner/operator shall maintain a facility in good appearance and operating condition including structural repair, painting of the facility and equipment shelter, and maintenance of fencing, screening, and landscaping.

Fees.

Proof of Continued Operation. The owner/operator or successor shall, prior to January 1 of each year subsequent to the date of issuance of a certificate of zoning compliance for a wireless telecommunications service facility, file a signed affidavit with the Zoning Enforcement Officer and Town clerk stating that the facility is in operation. Failure to do so shall be construed as meaning the facility is no longer in use.

Amendment of Special Permit. If at any time after the issuance of a Special Permit, the FAA notifies the owner/operator that hazard lighting and paint are required for a wireless telecommunications service tower, the owner/operator shall notify the Zoning Enforcement Officer and Board of Appeals, and shall file a request for an amendment to the Special Permit. The Board of Appeals shall, after a public hearing, determine whether the Special Permit should be rescinded, or amended to require a reduction in the height of such tower, sufficient for a determination by the FAA that hazard lighting and paint are not required.

Abandonment. All wireless telecommunications service facilities and equipment shelters not in use for a period of one (1) year shall be dismantled and removed at the owner/operator’s expense following notification by the Zoning Enforcement Officer to the owner/operator. The site shall be restored to its pre-construction condition to the extent practicable, with the exception of landscaping improvements. Absent such removal and restoration after notification, the Zoning Enforcement Officer shall initiate action to dismantle a facility and restore the site.

Protect the health, safety and property of the residents of the Town by regulating clearing and grading activities associated with land development, preserving existing trees and vegetation, preventing erosion and sedimentation of inland and coastal wetlands, ponds and other waterbodies, controlling stormwater runoff, minimizing fragmentation of wildlife habitat and loss of vegetation;

Limit land clearing and alteration of natural topography prior to development review;

Protect specimen trees and significant forest communities from damage or removal during site development;

Protect water quality of adjacent wetlands and surface water bodies;

Encourage the use of Best Management Practices that prevent and reduce nonpoint source of pollutants;

Promote land development and site planning practices that are responsive to the Town’s scenic character without preventing the reasonable development of land;

Protect archaeological and/or historic resources.

Clearing and grading in conjunction with construction of structures intended for residential habitation if the land area to be cleared or graded is less than 30,000 square feet;

Removal of hazardous trees, as defined herein;

Routine maintenance of vegetation and removal of dead or diseased limbs and/or trees necessary to maintain the health of cultivated plants, to contain noxious weeds and/or vines in accordance with a Department of Environmental Management (DEM) – approved Forest Management Plan, or to remedy a potential fire or health hazard or threat to public safety;

Construction and maintenance of public and private streets and utilities within Town-approved roadway layouts and recorded easements;

Work conducted in accordance with a valid earth removal permit issued by the Board of Selectmen under Section 8.1 of the General Town Bylaws;

Agricultural activities work conducted in accordance with an approved Natural Resource Conservation Service Agricultural Plan;

Construction of roadways, associated infrastructure and related slope and view easements for subdivisions shown on a definitive plan approved and endorsed by the Planning Board in accordance with Duxbury Subdivision Rules and Regulations, or a Planned Development approved by the Board of Appeals in accordance with Article 700 of the Zoning Bylaws;

Construction or installation of public utilities; and

Construction of structures, roadways, parking lots, and associated activities for nonresidential structures or uses in receipt of a Special Permit from the Board of Appeals or Planning Board.

Clearing and grading activities in the Dune Protection District in accordance with plans approved and permitted by local, state and federal agencies.

Survey of existing vegetation conducted by an individual qualified through appropriate academic credentials and field experience. A statement of credentials should be submitted with the survey.

Submission of a locus map at a scale of 1” = 500’ showing the proposed site in relation to the surrounding area.

Submission of a plan at a scale of 1” = 40’ of the project site showing existing and proposed contour lines at intervals of not more than 2 feet prepared by a registered land surveyor or a professional engineer.

Soil survey or soil logs indicating predominant soil types on the project site, including information on erosion potential from the Natural Resources Conservation Service.

Delineation of all bodies of water, including wetlands, vernal pools, streams, ponds, and coastal waters within 100 feet of the project site/limit of work and delineation of the 100-year floodplain.

Submission of a plan at a scale of 1” = 40’ indicating the limit of work. The limit of work shall include all building, parking, and vehicular use areas, and any grading associated with the proposed development. The plan or accompanying narrative shall document the species and quantities of specimen trees and/or other vegetation to be removed or relocated within the project area.

Construction schedule that describes the timing of vegetation removal, transplanting or replacement in relation to other construction activities.

Plans and/or description of Best Management Practices to be employed in development of the project site.

Submission of an erosion and sedimentation control plan at a scale of 1” = 40’. This plan shall include BMPs for erosion and sediment control (vegetative and/or structural) to prevent surface water from eroding cut and fill side slopes, road shoulders and other areas and measures to avoid sedimentation of nearby wetlands and ponds. The following information shall be submitted on erosion control and sedimentation plans submitted with the project application:

Minimize site alteration/land clearing:

Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utility installation should be utilized wherever feasible to protect root systems of trees.

Protect hilltops and/or scenic views within Duxbury:

Protect wildlife habitat:

Avoid impacts to archaeological resources:

Preserve open space and specimen trees on the site:

Understory vegetation beneath the dripline of preserved trees shall also be retained in an undisturbed state. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.

Forested areas shall be preserved if they are associated with:

Minimize cut and fill in site development:

The required performance guarantee in the amount of 150% of the cost of site restoration shall be posted prior to the issuance of a Site Alteration Special Permit for the proposed project.

The performance guarantee shall be held for the duration of any prescribed maintenance period required by the Planning Board, and may be reduced from time to time to reflect completed work. Securities shall not be fully released without a final inspection and approval of vegetation replacement by the Town.

Prior to commencement of construction, the applicant, land owner, contractor and construction crew, Director of the Department of Public Works, Zoning Enforcement Officer or their designee and site engineer shall conduct a meeting to review the proposed construction phasing and number and timing of site inspections.

Initial site inspection of erosion and sedimentation controls and placement of tree protection measures shall occur after installation of barriers around preserved areas and construction of all structural erosion and sedimentation controls, but before any clearing or grading has begun.

Routine inspections of preserved areas and erosion and sedimentation controls shall be made at varying intervals depending on the extent of site alteration and frequency and intensity of rainfall.

Effective stabilization of revegetated areas must be approved by the Town before erosion and sedimentation controls are removed. The Town shall complete an inspection prior to removal of temporary erosion and sedimentation controls.

The Zoning Enforcement Officer may post the site with a Stop Work order directing that all vegetation clearing not authorized under a Site Alteration Permit cease immediately. The issuance of a Stop Work order may include remediation or other requirements that must be met before clearing activities may resume.

The Town may, after written notice is provided to the applicant, or after the site has been posted with a Stop Work order, suspend or revoke any Site Alteration Special Permit issued by the Town.

No person shall continue clearing in an area covered by a Stop Work order, or during the suspension or revocation of a Site Alteration Special Permit, except work required to correct an imminent safety hazard as prescribed by the Town.

Protection of neighboring properties against harmful effects of uses on the development site;

Convenient and safe access for fire-fighting and emergency rescue vehicles within the development site and in relation to adjacent streets;

Convenience and safety of vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements;

Satisfactory methods for drainage of surface water to and from the development site;

Satisfactory methods for storage, handling, and disposal of wastewater, refuse, and other wastes resulting from the normal operations of the establishment(s) on the development site;

Convenience and safety of off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment(s) on the development site; and

Harmonious relationships to the terrain and to existing buildings in the vicinity of the development site.

The provisions of this section shall apply to:

The provisions of this section shall not apply to:

No building permit or occupancy permit shall be issued for any activity or use within the scope of Section 615 herein unless a Site Plan has been approved therefore, and the site is constructed in accordance with said approved site plan.

No activity within the scope of Section 615 herein shall be carried out without an approved Site Plan. Any work done in deviation from an approved Site Plan shall be a violation of this Bylaw, unless such deviation is approved in writing by the Planning Board as being of no significant detriment to the achievement of any of the purposes set forth in Section 615 herein.

Approval of a Site Plan under this Section shall not substitute for the requirement of obtaining a Special Permit or other forms of relief as required by the Zoning Bylaw.

Legal description, Assessors’ Map and Parcel number and address of the property.

Name, address and telephone number of the property owner, and applicant, if different than the property owner.

Name, address and telephone number of the developer, contractor, engineer, other design professional and agent or legal representative.

Complete property dimensions, area, and zoning classification of property.

Existing and proposed topographical contours of the property taken at two-foot (2’) contour intervals by a registered engineer or registered land surveyor.

The nature, location and size of all significant existing natural land.

features, including, but not limited to, tree, shrub, or brush masses, all individual trees over ten inches(10”) in caliper, grassed areas, large surface rock in excess of six feet (6’) in diameter and soil features.

Location of all wetlands or waterbodies on the property and within one hundred (100’) feet of the perimeter of the development activity.

The location, grade, and dimensions of all present and/or proposed streets, ways and easements and any other paved surfaces.

Engineering cross-sections of proposed new curbs and pavements, and vision triangles measured in feet from any proposed curb cut along the street on which access is proposed.

Location, height, elevation, interior and exterior dimensions and uses of all buildings or structures, both proposed and existing; location, number and area of floors; number and type of dwelling units; location of emergency exits, retaining walls, existing and proposed signs.

Location of all existing and proposed utilities and storage facilities including sewer connections, septic systems, wells, and any storage tanks, noting applicable approvals, if received.