This By-Law shall be known, and may be cited, as "The Oxford Zoning By-Law."

All Zoning By-Laws heretofore adopted by the Town of Oxford are hereby repealed.

Types of Control

The following regulations shall apply in the respective districts: use regulations, including primary and accessory uses; lot requirements, including size, width, and frontage; percentage of land covered by permanent structures; setback requirements for front, side and rear yards; maximum height requirements; and, supplemental regulations.

New Lots, Uses, and Structures

In all districts, after the effective date of this By-Law, any new lot, use or structure shall be constructed, developed, and used only in accordance with the regulations specified for each district.

Existing Lots, Uses and Structures

In all districts, after the effective date of this By-Law any existing lot, use, or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming, and subject to the regulations of Chapter III, Section 1.0.

Relationship With Other Restrictions

The provisions of this By-Law are not intended to interfere with, abrogate, or annul other rules, regulations, or by-laws, provided that where this By-Law is more restrictive, the provisions of this By-Law shall control.

Exemptions

This By-Law shall not apply to any lot, use, or structure exempted from zoning regulations by Chapter 40A of the Massachusetts General Laws or other laws of the Commonwealth of Massachusetts, nor shall it apply to any lot, use, or structure necessary for use and occupancy by the Town of Oxford for public or municipal purposes.

Adoption of the Zoning Map

The official Zoning Map shall be identified by the signatures of members of the Board of Selectmen and Planning Board, and attested by the Town Clerk, and shall bear the seal of the Town with the following legend:

"This is to certify that this is the Official Zoning Map referred to in Chapter II of the Oxford Zoning By-Law duly adopted on _____________".

Changes in the Zoning Map

If in accordance with the provisions of this By-Law and Chapter 40A of the Massachusetts General Laws, changes are made in the district boundaries or other matter portrayed on the Zoning Map, such changes shall be entered promptly on said Map after the amendment has been approved by Town Meeting. No changes of any nature shall be made on the Zoning Map or matter shown thereon except in conformity with the procedures set forth in this By-Law. Any unauthorized change, of whatever kind shall be punishable as provided under Chapter XIV.

No building or other structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this By-Law shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

No yard or lot existing at the time of passage of this By-Law shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this By-Law shall meet at least the minimum requirements established by this By-Law.

Uninhabited structures allowed for public utilities and facilities shall not be subject to the dimensional requirements of this By-Law provided that such structures of a particular facility installation are separated from a street, as defined in this By-Law, and the existing or potential location of neighboring inhabitable buildings by the height of such structures and radio or television towers are separated from each other by the combined height of the towers.

Industrial uses in LI and I districts may include a retail factory outlet for the sale of those products produced on the premises, provided that the floor area of such outlet does not exceed twenty-five (25) percent of the total floor area of the primary structure.

Swimming pools and tennis courts are permitted as accessory structures in all districts. No pool or court shall be located in any front or side yard setback area, but may be located in the rear yard setback area, provided that no part of the pool or court, including paved areas or accessory structures, excluding fencing, is located within twenty (20) feet of rear property lines. They shall be fenced or otherwise protected against intrusion as required by the State Building Code.

Uses, accessory to, and whether or not on the same parcel as, scientific research and development or related production permitted as a matter of right, may be permitted upon the grant of a special permit by the Board of Appeals provided the proposed accessory use does not substantially derogate from the public good.

Home occupations are permitted in accessory structures provided they comply with the requirements of Section 2.0 above.

Egg-laying chickens and ducks six or under total chickens and ducks combined, are excluded from all districts except upon grant of a license by the Board of Selectmen. All other animals or birds, including egg-laying chickens and ducks, in quantities of seven or over, other than customary household pets, are excluded from all districts except upon grant of a special permit by the Board of Selectmen.

Accessory structures 200 square feet of area or less with a maximum eave height of 10 feet used for storage or utility purposes accessory to a primary residential structure are permitted by right in any district. The accessory structure shall comply with the front setback for its residential district, shall have a minimum side and rear setback of no less than 5 feet, and shall be 10 feet from any other structure. Accessory structures that accommodate animals are excluded, from this section.

All services except fuel sales and services directly related thereto shall be performed within a completely enclosed building and all dismantled vehicles and parts thereof shall be stored within such a building or screened from adjacent public ways and private ways.

No gasoline island shall be located closer than thirty (30) feet to any street right-of-way.

No material shall be placed within the front, side or rear yard setback areas. All yard setback areas shall at all times be clean, vacant and maintained in good condition.

All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six (6) feet in height and not exceeding fifteen (15) feet in height. Such fence shall be completely sight obscuring and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.

Fire hazards shall be minimized by the segregation of flammable materials and the provision of adequate aisles for escape and firefighting equipment.

No material shall be stored in a pile exceeding the height of the screening fence.

All lubricant and fuel oil substances which are to be stored on the site shall be stored with all necessary precautions taken to prevent their leakage or surface or subsurface drainage into bodies of water.

Parking, storage and service for the units is screened from adjacent residential property.

Entrances and exits do not substantially increase traffic hazards.

Pedestrian walkways are clearly separated from service areas.

Not more than two (2) unregistered motor vehicles, assembled or disassembled, shall be kept, stored or allowed to remain on a parcel of land except by a person duly licensed under Massachusetts General Laws, Chapter 140, Section 59, and except as provided in Section 7.2 of this Chapter.

The provisions of this Section shall not apply to vehicles which are stored within an enclosed building or designed and used for agricultural purposes.

Chapter 38, Storage of Unregistered Motor Vehicles, of the General By-Law is hereby repealed.

Points of vehicular ingress and egress shall be limited to the adjacent major thoroughfares only;

Such restaurants shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite land use pattern or architectural style has been established.

Such restaurants shall be screened from abutting residential districts or residential uses by a fence or wall of acceptable design six (6) feet in height; or by a sight-obscuring evergreen hedge which shall be six (6) feet high within two (2) years of planting.

There shall be an area for storage of trash which allows no view of the trash storage from the street, prevents waste from blowing around the site or onto adjacent properties and permits safe, easy removal of trash by truck or hand.

Purpose

On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018. Currently under the Zoning By-law, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, §1, is not specifically addressed in the Zoning By-law. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning By-law regarding regulation of Recreational Marijuana Establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.

Definition

“Recreational Marijuana Establishment” shall mean a “marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business”.

Temporary Moratorium

For the reasons as set forth above and notwithstanding any other provisions of the Zoning By-Law to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning By-laws in response to these new issues.

Background

The Town of Oxford ("Town") currently has five approved Large Scale Ground Mounted Solar Energy Systems, commonly referred to as "solar farms", completed or under construction and another two that have been approved and are in the permitting process. Many of these projects have involved large scale clear cutting of trees and ground vegetation and several have been located in close proximity to abutting residential neighborhoods. Oxford has yet to develop zoning specific requirements as to such solar installations. There is an immediate identified need to protect the interests of the Town and its citizens by establishing long term zoning bylaw standards and provisions to ensure that such uses and development will be consistent with the Town's long term planning interests and Master Plan. It is crucial that the Town act now to establish a temporary moratorium on the use of land and the construction of structures related to such large scale ground mounted solar installations and the issuance of building permits in connection with the same.

Definition

For purposes of this By-Law, "Large Scale Ground Mounted Solar Energy System" shall be defined as a solar energy system that is structurally mounted on the ground and is not roof mounted and has a minimum nameplate capacity of 1,000 kW DC or 1 MW.

Temporary Moratorium

For the reasons as set forth above and notwithstanding any other provisions of the Zoning By-Law to the contrary, the Town hereby adopts a temporary moratorium on the use of land for the location and operation of any Large Scale Ground Mounted Solar Energy System. The moratorium shall be in effect through the May, 2020 Annual Town Meeting, or until such time as the Town adopts Zoning By-Law amendments that regulate said use, whichever occurs earlier. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of Large Scale Ground Mounted Solar Energy Systems in the Town, and to make appropriate amendments to the Zoning By-Law.

Notwithstanding any other provisions in the Town of Oxford Zoning By-Law to the contrary, no building permit may be issued for the construction of any Large Scale Ground Mounted Solar Energy System, and to the extent legally permissible, the Planning Board shall not accept any applications for any Large Scale Ground Mounted Solar Energy System during the aforementioned moratorium period. The moratorium shall not apply to Large Scale Ground Mounted Solar Energy System projects for which a Special Permit and Site Plan Review application was received by the Oxford Planning Board prior to March 26, 2019, and subsequently approved.

No building or other structure or land in any residential district shall be used, in whole or in part, for any use not expressly permitted in such district under Table I below.

Those uses permitted only upon the grant of a special permit as provided in Table I may be carried out only upon the grant of a special permit therefor by the special permit granting authority.

Those uses permitted only upon both the grant of a special permit and the approval of a site plan as provided in Table I may be carried out only upon both the grant of a special permit therefor by the special permit granting authority and the approval of a site plan by the Planning Board.

A use listed in Table I is permitted as of right in any district only under which it is denoted by the letter "P". If denoted by the letter "S", a use may be permitted in such district only upon the grant of a special permit by the special permit granting authority. If denoted by the symbol "S*", a use may be permitted in such district only upon both the grant of a special permit by the special permit granting authority and the approval of a site plan by the Planning Board. If denoted by the symbol "-", a use is not permitted in such district.

No building or other structure or land in any commercial district shall be used, in whole or in part, for any use not expressly permitted in such district under Table II below.

Those uses permitted only upon the grant of a special permit as provided in Table II may be carried out only upon the grant of a special permit therefor by the special permit granting authority.

Those uses permitted only upon both the grant of a special permit and the approval of a site plan as provided in Table II may be carried out only upon both the grant of a special permit therefor by the special permit granting authority and the approval of a site plan by the Planning Board.

A use listed in Table II is permitted as right in any district only under which it is denoted by the letter "P". If denoted by the letter "S", a use may be permitted in such district only upon the grant of a special permit by the special permit granting authority. If denoted by the symbol "S*", a use may be permitted in such district only upon both the grant of a special permit by the special permit granting authority and the approval of a site plan by the Planning Board. If denoted by the symbol "- ", a use is not permitted in such district.

No building or other structure or land in any industrial district shall be used, in whole or in part, for any use not permitted in such district. The Planning Board shall determine, through the Site Plan Review process, whether a particular proposed use fits in the general categories described in Table III below.

A use listed in Table III is permitted, subject to Site Plan Review, in any district only under which it is denoted by the letter "P". If denoted by the letter "S*", a use may be permitted in such district only upon the grant of a special permit by the special permit granting authority and approval by the Planning Board in the Site Plan Review process. If denoted by the symbol "-", a use is not permitted in such district.

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 community 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.

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

A permit is required for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or filling, drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

Within Zones 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.

All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that: (a) Such proposals minimize flood damage, (b) Public utilities and facilities are located & constructed so as to minimize flood damage, (c) Adequate drainage is provided.

When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

In A1-30, AH, AE 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 Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community’s files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Good and sufficient cause and exceptional non-financial hardship exist;

the variance will not result in additional threats to public safety, extraordinary public expense, or fraud;

or victimization of the public; and

the variance is the minimum action necessary to afford relief.

Adjacent Communities, especially upstream and downstream

Bordering States, if affected

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

NFIP Program Specialist, Federal Emergency Management Agency, Region I

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

NFIP Program Specialist, Federal Emergency Management Agency, Region I

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

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

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

The Town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

To preserve in a natural state areas necessary for flood control and storage in the Hodges Village Flood Basin;

To preserve and protect fish, aquatic organisms, wildlife and vegetation which inhabit these areas;

To provide for aesthetic relief, open space and recreational uses compatible with conservation purposes; and

To protect the water quality of the French River and associated aquifers from negative impacts of urbanization.

Exemptions

Exemptions to these requirements for non-conforming lots for single and two-family residential use as mandated by M.G.L., Chapter 40A, Section 6, are included in this By-Law as Chapter III, Section 1.1.

Corner and through lots shall observe front yard setback requirements from each street lot line.

No accessory building shall be erected in any required yard setback and no accessory building shall be erected within five (5) feet of any other building.

Eaves, cornices, chimneys, balconies, fire escapes and unenclosed steps and porches may project into the specified yard setback areas of a lot, but not by more than three (3) feet.

Where two-family dwellings and duplexes are permitted by right, the required minimum lot size shall be increased by an additional fifty (50) percent of the size required for single family homes in the applicable zoning district.

Driveways which provide access to any use other than single family detached dwelling shall have a throat width of not less than twelve (12) feet for one-way access and not less than twenty-four (24) feet nor greater than thirty (30) feet for two-way access.

No driveway shall be closer than five (5) feet to the side or rear property line.

Any portion of an entrance or exit driveway to a parking or loading area for a non-residential use shall not be closer than one hundred seventy five (l75) feet on an arterial street and one hundred (100) feet on other streets from intersecting streets. If the lot width is insufficient to provide for the required distance, access shall be as far from the intersection as the lot and other provisions of this By-Law will permit. The distance in which access is prohibited shall be measured from the tangent of the curb return of the intersection street cartway to the tangent of the curb return of the driveway.

If two or more driveways of the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least fifty (50) feet for arterial streets and twenty (20) feet for collector and local streets.

Use

All required off-street parking spaces shall be used solely for the parking of motor vehicles by residents, visitors, patrons or employees. There shall be no sale, repair or storage of vehicles within off-street parking areas.

Setback Requirements

A driveway may be included in the front and side yard setbacks, but parking shall not be allowed in the front yard setback (except for single and two-family dwellings).

Change in Requirements

Whenever there is a change of use or enlargement of a structure which increases the parking and loading requirements for the use or structure, there shall be provided parking and loading spaces required for the entire structure or use, unless the increase in units of measurement specified in Section 3.0 amounts to less than twenty-five (25) percent, whether such increases occur at one time or in successive stages.

Dimensions

All parking spaces shall meet the minimum geometric standards prescribed in Tables VI and VI(A). No portion of any parking space shall intrude into the required aisle width. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.

Compact Car Parking

Reduced dimensions for compact cars may be provided if the stalls comply with the dimensions prescribed in Table VI(A). Such spaces shall be well marked and easily distinguished from standard spaces. The maximum number of such stalls shall not exceed thirty (30) percent of the total number of stalls for general public use or fifty (50) percent for employees and commuter facilities.

The entire front setback area, except for driveways, shall be landscaped and there shall be a landscaped strip at least five (5) feet in width from other property lines.

Excluding the area required by Section 6.1 above, the landscaped area within the parking lot shall not be less than three (3) percent of the surface area of the parking lot, except for parking lots with two bays or less of single rows, no interior landscaping shall be required.

A minimum of one (1) tree shall be provided within the landscaped areas for each ten (10) parking spaces. Existing trees and natural vegetation shall be retained wherever practicable.

TABLE VI

Minimum Off-Street Parking Area Dimensions

*Two-way circulation

**Minimum width of traffic aisles for two-way traffic shall be twenty-four (24) feet.

TABLE VI(A)

Minimum Off-Street Parking Area Dimensions

Compact Cars

*Two-way circulation

**Minimum width of traffic aisles for two-way traffic shall be twenty (20) feet.

Any landscaped area shall be bordered by a permanent curb six (6) inches high to restrict the destruction of landscaped areas by vehicles.

Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway and landscaped with grass, trees or shrubs and may be combined with crushed stone.

Where a parking area is located adjacent to a residential dwelling, there shall be provided along the lot line a continuous solid fence, masonry wall or evergreen plantings to a height adequate to prevent direct light from automobile headlights being cast on the dwelling.

Adequate lighting shall be provided if the uses which are served by the parking lot will be in operation at night. The lighting shall be directed so as not to produce objectionable glare on adjacent property or streets.

All loading and delivery facilities shall be located either at the side or rear of buildings they are designed to serve, but not closer than ten (10) feet from a public right of way and five (5) feet from any other lot line.

Each required space shall be at least twelve (12) feet in width, fifty (50) feet in length and have a vertical clearance of at least fourteen (14) feet.

Required Loading Spaces

“Accessory Sign": Any sign that, with respect to the premises upon which it is erected, advertises or indicates one or more of the following: the person occupying the premises or the business transacted on the premises or the sale or letting of the premises or any part thereof and which contains no other advertising matter.

“Ground Sign”: Signs supported by one or more uprights or braces that are in or upon the ground.

“Wall Sign”: Signs attached to and erected parallel to the face of the outside wall of any building.

“Projecting Sign”: Signs erected perpendicular to the wall of a building.

“Window Sign”: Signs placed inside or upon a window facing the exterior of any building.

“Animated Sign”: Any sign or part of a sign which changes physical location by any movement or rotation, or emission of light.

“Manual Changeable Sign”: A sign in which the characters are changed manually without electronic assistance.

“Electronic Message Board Sign”: A sign with a fixed or changing display/message that includes alphabetic, pictographic, or symbolic informational content that is composed of a series of lights or electrically illuminated segments that may be changed through electronic/computer means. A time and/or temperature sign shall not be considered an electronic message board sign.

“Illumination, External”: The illumination of a sign by a light source based outside the sign directed at the sign.

“Illumination, Internal”: The illumination of a sign by a light source from within the enclosed area of the sign itself.

"Non-Accessory Sign": Any billboard, sign or other advertising device which advertises or publicizes an activity not conducted on the premises upon which such sign is maintained.

"Sign": A structure, display or device that is arranged, intended or used as an advertisement, identification, description or direction.

"Sign, Area of": The area enclosed by one continuous line, connecting the extreme points or edges of a sign and including all ornamental attachments but not the supporting structure of the sign. Only one (1) side of a double sided sign and both sides of a V-shaped sign shall be counted.

“Window Electronic Message Board Sign”: Any Electronic Message Board Sign that is placed inside or upon a window facing the exterior of the building.

No sign shall contain any moving, blinking, flashing or animated lights or visible or moving parts, except for changeable message signs as described in Section 5.5.

External illumination of a sign may only be by a white, steady, stationary light of reasonable intensity, shielded and directed solely at the sign. No illumination shall be permitted which casts glare onto any residential district or onto any portion of a way so as to create a traffic hazard.

No sign shall be placed within or projecting over a public way or sidewalk except as herein permitted.

Signs shall not be erected or maintained on any location which will unduly obstruct traffic visibility or reduce visibility at entrances, exits and intersections.

Any sign hereafter erected shall conform to the provisions of this By-Law and the provisions of the Building Code and any other applicable by-law or regulation within the Town of Oxford.

Non-accessory signs, except that public, civic and non-profit organizations may erect non-accessory sign(s) upon the grant of a special permit by the Zoning Board of Appeals.

Ground, wall or projecting signs whose content relates in any way to "Brand Names" of products sold on the premises.

Signs projecting above the roof of a building.

Exterior signs with more than two (2) faces.

Exterior signs of neon-type or gas-illuminated tube type.

Signs which are portable or otherwise capable of being readily moved from one location to another and having no permanent or in-ground supporting structures or braces.

Signs attached to trees, utility poles or other unapproved supporting structures.

Signs that blink, flash or are animated by lighting in any fashion, except for changeable message signs as described in Section 5.5.

Balloons, streamers, pennants, or pinwheels, except those temporarily displayed as part of a special sale, promotion, or community event. For the purposes of this subsection, “temporarily” means no more than thirty (30) days in any calendar year.

Signs not specifically permitted by this By-Law shall not be allowed.

Signs in the Village Business District

Whenever an application for a sign permit is filed for the erection of a sign in the Village Business District said application shall be subject to the review of the Historical Commission as well as the required approval of the Building Inspector. The Building Inspector shall forward a copy of the sign application to the Historical Commission which shall have fifteen (15) working days to submit their comments and recommendations to the Building Inspector. The Historical Commission shall consider the proposed design, arrangement, texture, materials, color, lighting, placement and appropriateness of the proposed sign in relation to other signs and other structures in the District. The Historical Commission shall recommend to the applicant and Building Inspector such modifications it determines necessary to preserve the integrity and historic character of said Districts and the Building Inspector shall consider these recommendations in the final disposition of the application.

Permits

No sign unless herein excepted shall be erected, constructed, structurally altered or relocated without first filing with the Building Inspector an application in writing and obtaining a sign permit. The Building Inspector shall within thirty (30) working days of the date of the submission of the application approve or deny the application or refer it back to the applicant when insufficient information has been furnished. All signs which are electrically illuminated require a separate Electrical permit and an inspection.

Plan Specification

Every application for a sign permit shall be accompanied by a plan or plans in sufficient detail to determine if the requirements of this Chapter have been met. Such information shall include: the location of the sign in relation to the face of the building or lot lines, the dimensions of the wall surface to which it is to be attached, if applicable, the dimensions of the sign including the maximum and minimum height and the construction materials, details of fastening or securing, manner of illuminating and the wording to be carried on the sign.

Permit Fees

A permit fee shall be paid to the Building Inspector for each sign permit issued under this Chapter, such fees to be established and changed from time to time by the Building Inspector subject to approval by the Board of Selectmen; however, no fee shall be charged for putting a non-conforming sign into conformance with the provisions of this Article. For electrical signs, electrical permit fees shall be charged in addition to sign permit fees. Fees may be waived by the Building Inspector for churches and non-profit schools and institutions.

Abandoned Signs

Any sign that is located upon property which becomes vacant and is unoccupied for a period of six (6) months shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the premises. Violations of abandoned signs are subject to the enforcement provisions of Section 7.5 of this Chapter. The provisions of this Chapter shall thereafter apply to any premises where a sign has been deemed to be abandoned.

A Cluster Development shall mean a single-family residential development in which the house lots are clustered together into one or more groups (each group made up of as many as six lots) which groups are separated from other groups and adjacent properties by Common Open Land.

Common Open Land shall mean that portion of the Cluster Development Site which is not devoted to dwellings, accessory uses, roads, or other development and is set aside for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.

Except as provided in Section 4.2 of this Chapter, Cluster Developments shall be permitted by right in any residential district upon approval of a definitive subdivision plan in accordance with prevailing rules and regulations and a Site Plan in accordance with the provisions of Chapter XV of this By-Law and the additional requirements of this Chapter.

All land not used for building lots (including roadways and utilities) shall be placed in permanent open space in accordance this bylaw but not less than 30% of the total parcel area.

The development shall be made up of reduced size house lots for detached single- family dwellings and lawful accessory uses only.

The minimum land required for a Cluster Development shall be four (4) acres and the parcels making up the Cluster Development Site shall be held in single ownership or control at the time of applications for subdivision and site plan approvals.

Each resulting lot shall have adequate access on a public or private way.

Each resulting lot shall be of a size and shape to provide a building site that shall be in harmony with the natural terrain and other features of the land.

There shall be an adequate, safe, and convenient arrangement of pedestrian circulation, facilities, roadways, driveways, and parking.

The site plan shall show the location of: all proposed dwellings including possible expansions thereto (such as garages), all proposed parking spaces, all proposed water supplies, all proposed septic systems, and all proposed clearing and grading required to achieve the above.

Each structure shall be integrated into the existing landscape on the property.

Lots shall be laid out and designed, to the greatest extent feasible, to preserve and protect historic and archaeologic sites, farmland, wooded stream corridors, forested areas and large trees, scenic views particularly as seen from public roads, ridgelines and hilltops.

Within each Cluster Development there shall be provided an amount of Common Open Land to be preserved and maintained in essentially its natural condition for its scenic value or for conservation of natural resources or to be used for recreation or agricultural uses. At least 70% of Common Open Land shall be retained in contiguous areas unless approved by the Planning Board.

The total area of the Common Open Land within the Cluster Development shall equal or exceed the sum of the area by which the individual lots are reduced below the minimum lot size normally allowed in the zoning district plus the area of land not included in Net Developable Area as defined in section 4.1.1 above except as allowed in section 4.2.

A portion of the Common Open Land left in a natural or landscaped condition with a minimum width of fifty (50) feet shall be used as a buffer to separate all residential structures and accessory buildings within the Cluster Development from adjacent properties and to separate the several clusters of residential structures and accessory buildings.

Further subdivision of Common Open Land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities and septic systems, shall be prohibited. Structures or buildings accessory to specified recreation, conservation, or agricultural uses may be erected on the Common Open Land but shall not exceed 5% coverage of the developable portion of the Common Open Land.

The Planning Board may permit up to three (3) percent of the open space area to be paved or built upon for structures accessory to the dedicated use of open space(i.e. pedestrian walks, bicycle paths, playgrounds, farm-related structures).

In any case, when the Common Open Land is not conveyed to the Town, a restriction, enforceable by the Town, 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. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its intended purpose, including maintenance of its appearance and cleanliness, and the proper maintenance of drainage, utilities, and the like located within such land.

A non-profit, incorporated community association shall be established, requiring membership of each lot owner in the Cluster Development. The community association shall be responsible for the permanent maintenance of all communal water and septic systems, common open space, recreational and thoroughfare facilities. A community association agreement or covenant shall be submitted with the special permit/site plan approval application guaranteeing continuing maintenance of such common utilities, land, and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the Planning Board and shall be recorded with the Worcester District Registry of Deeds.

Such agreements or covenants shall provide that if the association fails to maintain the common open land in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed against the properties within the development.

To promote better communication and to avoid misunderstanding, applicants are encouraged to submit a “concept” or “sketch” plan and preliminary subdivision plan of the proposal for review by the Planning Board prior to the formal applications for subdivision and site plan approvals. Such plans shall show sufficient information to allow the Board to reasonably consider the proposal and allow comment from other Town officials.

Applications for By-Right Cluster Developments shall be considered in accordance with the procedures specified in Chapter XV §5.0 and the Planning Board’s Rules and Regulations for the Subdivision of Land. Local Initiative Cluster Developments shall be considered under the same procedures and under Chapter XIV §5.0. No site plan approval for Cluster Development shall be granted unless the application is found to conform to the requirements of Chapter XV §3.0 and §4.0 as modified by §3.0 of this Chapter and, when apt, no special permit for a Local Initiative Cluster Development shall be granted except in conformance with Chapter XIV §5.4. The combined application shall be accompanied by fifteen (15) copies of the Site Plan for the proposed Cluster Development including one reduced version of the plan on 11"x 17" paper and at least three (3) copies of all required supporting documentation.

Permits Required

No land or structure shall be changed in use and no structure shall be erected, altered, demolished or moved until the Building Inspector shall have issued a building permit certifying that the plans and intended use of land, buildings and other structures are in conformity with this By-Law. No such permit shall be effective until a copy thereof has been filed by the Building Inspector with the Town Clerk. The Building Inspector shall forward to the Planning Board a copy of each permit within fourteen (14) days after it has been issued by him. Any permit issued shall become invalid unless the construction authorized by it shall have commenced within six (6) months after its issuance. What constitutes construction is defined in Chapter III, Section 1.4.1.

Each application for a building permit shall be accompanied by such plan or plans drawn to scale and showing the dimensions of the lot to be built upon and such other information as may be deemed necessary by the Building Inspector to determine compliance with the provision of this By-Law.

Occupancy Permit

It shall be unlawful to occupy any structure or lot for which a building permit is required herein without the owner applying for and receiving from the Building Inspector an occupancy permit. The Building Inspector shall take action within ten (10) business days of receipt of an application for an occupancy permit. Failure of the Building Inspector to act within ten (10) business days shall be considered approval.

Temporary Occupancy Permit

A temporary occupancy permit may be issued by the Building Inspector pending the completion of a structure to allow for partial occupancy. The permit shall be valid only until such time as the action for which the building permit was issued is complete or for a period of six (6) months after issuance, whichever is less. Upon expiration, the applicant shall apply for a permanent occupancy permit or if the action remains incomplete, may apply for one additional temporary occupancy permit.

Fees

Fees for building and occupancy permits shall be established as set forth in Chapter Fifty of the General By-Laws of the Town of Oxford. Fees for variances, appeals and special permits shall be set by the Zoning Board of Appeals, Planning Board and Board of Selectmen and set forth in their Rules and Regulations.

Complaints Regarding Violations

Whenever a violation of this By-Law occurs or is alleged to have occurred, any person may request in writing that the Building Inspector enforce this By-Law against any person allegedly in violation of the same. The Building Inspector shall record such complaints and immediately investigate and, if he declines to act, he shall respond within fourteen (14) days in writing to the party requesting such enforcement of any action or refusal to act and the reasons therefor.

Notice of Violation

If the Building Inspector finds that any provision of this By-Law has been violated, he shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it, whereupon such violation shall be immediately corrected, unless such person files an appeal of the order of the Building Inspector in the manner provided by this By-Law. Any person who has been served with such an order and ceases any work or other activity shall not leave any structure or lot in such a condition as to be a hazard or menace to the public health, safety or general welfare.

Penalties

If after written notice a violation of this By-Law continues, the Building Inspector shall institute appropriate legal proceedings to enforce the provisions of this By-Law or to restrain any violation thereof or both. Whoever violates any provision of this By-Law or lawful order of the Building Inspector or fails to take constructive action to rectify any such violation shall be subject, to a fine of three hundred dollars ($300.00) per offense. Each day that a violation continues shall constitute a separate offense.

Membership

The Zoning Board of Appeals shall consist of five (5) members and three (3) associate members who shall be appointed by the Board of Selectmen for terms of such length and so arranged that the term of one member and one associate member shall expire each year. Adoption of this By-Law shall not affect the membership of the Zoning Board of Appeals in office at the time of such adoption.

Proceedings

The Zoning Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this By-Law and shall file a copy of said rules with the Town Clerk. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or in his absence the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official action; all of which shall be a public record and be immediately filed in the office of the Board.

Submission

All petitions for a variance and appeals to the Zoning Board of Appeals, acting as Permit Granting Authority (PGA), shall be submitted to the Town Clerk in writing with an original and fifteen (15) copies. The Town Clerk shall forthwith transmit one copy to both the Planning Board and Building Inspector, and in the case of an appeal, to the officer or board whose order or decision is being appealed and five (5) copies to the Board of Appeals.

Appeals

Appeals to the Zoning Board of Appeals must be filed within thirty (30) days from the date or order or decision which is being appealed specifying the grounds thereof.

Special Permit Granting Authority (SPGA)

Unless specifically indicated elsewhere in this By-Law, the Planning Board shall be the Special Permit Granting Authority (SPGA).

Submission

Applications for special permits over which the Zoning Board of Appeals exercises original jurisdiction shall be filed by the applicant with the Town Clerk who shall forthwith transmit a copy thereof to the Zoning Board of Appeals. Applications for special permits over which the Planning Board or Board of Selectmen exercise original jurisdiction shall be filed with the SPGA (a copy of which shall forthwith be given to the Town Clerk by the applicant). All applications shall comply with the rules adopted by the SPGA relative to the procedures for submission and approval of such permits.

Notices, Public Hearings and Votes

The SPGA shall hold a hearing within sixty-five (65) calendar days after the filing of an application with the SPGA. The SPGA shall act within ninety (90) calendar days following said hearing for which notice has been given by publication or posting and by mailing to all parties in interest, according to the procedure specified in Section 4.4 above. Failure by the SPGA to take final action upon an application for a special permit within said ninety (90) calendar day period following the date of public hearing shall be deemed to be a grant of the permit applied for. Special permits shall require a vote of at least four (4) members of the Board of Selectmen and Zoning Board of Appeals and a concurring two-thirds (2/3) vote of the Planning Board. The rights authorized by a special permit shall lapse after two (2) years of such decision if a substantial use has not commenced as allowed by the special permit.

Withdrawal of Petitions and Applications

Any petition for a variance or application for a special permit which has been transmitted to the PGA or SPGA may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of public hearing thereon, but thereafter may be withdrawn without prejudice only with the approval of the SPGA or PGA.

The construction or reconstruction of any parking area, loading area, or access way governed by Chapter XI of this By-Law, except for single family detached or two family dwellings.

Any construction, reconstruction, exterior alterations or additions to any building, fence, wall or other structures in the Village Business District.

The construction of a multi-family building or a development involving the location of two or more primary uses or structures on a single lot, including but not limited to apartment complexes, shopping centers and industrial parks.

A use that requires a special permit designated by S* in Tables I or II; all uses listed in Table III; and any use where site plan review is required in Table IV.

Where a change in use results in no new exterior construction or change in parking lot size, the Board may waive requirements of Section 3.0 and allow the Town Engineer/Planner to review the proposed use and either approve it or refer it to the Board for further review

Site plans shall be accompanied by a traffic report presenting the projected vehicular traffic flow patterns to and from the site and the projected number of motor vehicle trips to and from the site for an average day and for peak hours and a drainage report demonstrating drainage system design in conformance with the Planning Board’s subdivision rules and regulations and storm water management requirements.

For new construction in the Village Business District, the applicant shall submit design renderings of the proposed building. All structures shall be of quality design and construction and shall be compatible with the neighborhood and the Town as to design characteristics. Buildings should be carefully designed to reflect contextual New England elements which might include complimentary materials and other traditional New England stylistic features.

Access to each structure for fire and service equipment is provided;

Utilities, drainage and erosion control are provided to maintain environmental quality. The applicant shall demonstrate, by submission of an existing infrastructure capacity plan, that the proposed infrastructure, including parking, roadways, traffic, stormwater, water for domestic and fire protection and septic/sewer, can accommodate the proposed use;

In or abutting Residential Zoning Districts and the Village Business Zoning District, effective use is made of topography, landscaping, relationship of buildings to the environment and parking placement to maintain the character of the neighborhood;

Parking and loading requirements of Chapter XI have been met;

Traffic impacts on abutting residential neighborhoods are acceptable and the convenience and safety of vehicular and pedestrian movements in relation to adjacent streets and intersections are protected; and

All other requirements of this Zoning By-Law have been satisfied.

The Planning Board may withhold approval until it is satisfied that all other relevant Town Boards and Departments have approved the proposed infrastructure. If the applicant has met the requirements of 4.0, the Board shall not withhold its approval.

An applicant for site plan review shall file with the Planning Board seven (7) copies of the site plan. Unless waived by the Planning Board, the site plan shall be prepared by a registered engineer, architect or landscape architect.

Within five (5) days of the Planning Board meeting, at which the Site Plan application was received, the Planning Board shall submit a copy to the Board of Selectmen, Board of Health, Conservation Commission, Building Inspector, DPW Director, Safety Officer and other agents, as the Planning Board elects for their comments. The boards or person receiving these copies shall have up to thirty (30) days from the date of receipt to submit their reports to the Planning Board but, if they find that insufficient information has been presented they shall so report, and the Planning Board may withhold approval until the additional information is provided..

If the Planning Board determines that said site plan complies with the purpose, specifications and criteria of this By-Law, it shall approve the site plan. If the site plan does not comply with this Chapter, it shall be disapproved or approved with conditions or modifications which will bring about compliance. Any construction, reconstruction, alteration or addition shall be carried on only in conformity with the site plan approved by the Planning Board.

When a site plan is required for a special permit application, to the extent possible, procedures shall be combined and requirements for special permits shall govern for time periods, notices, public hearings and votes. If a site plan is required for a special permit, to be issued by the Zoning Board of Appeals or Board of Selectmen, the Planning Board shall forward its recommendations to such Board within thirty (30) days of receipt.

When a special permit is not required, the Planning Board shall, within forty-five (45) days of receipt of a site plan at a meeting of the Board, take final action on said plan. A majority vote, when a quorum is present, shall constitute approval. Failure to act within this period shall constitute approval. At the applicant's written request to the Planning Board, the Board may extend the time periods in this Section to a mutually agreeable date. The applicant shall be notified within sixty (60) days from the date of submittal to the Planning Board of the Board's decision. A copy of the Planning Board's decision shall be filed with the Town Clerk.

The Planning Board, upon written request of the applicant, may waive any of the requirements of Section 3.0 where the project involves relatively simple development plans or the reuse of pre-existing buildings, access and parking facilities.

Notwithstanding anything contained in this By-Law to the contrary, no building permit shall be issued for, and no person shall undertake, any use or improvement subject to this Chapter unless an application for site plan review and approval has been prepared for the proposed development in accordance with the requirements of this Chapter, and unless such application has been approved by the Planning Board.

No occupancy permit shall be granted by the Building Inspector until the Planning Board has received, reviewed and approved an as-built plan that demonstrates that the work proposed on the approved site plan, including all associated off-site improvements, have been completed in accordance with the approved plan and certified same to the Building Inspector, or have been secured by a proper bond, covenant or third party agreement.

Notwithstanding the above, a temporary occupancy permit may be granted with the approval of the Planning Board, subject to conditions for completion of work imposed by the Planning Board.

If a project for which site plan approval has been granted has not been started in accordance with site plan conditions within one year from the date of approval, said approval shall lapse. The Planning Board, in consultation with other Departments and officials, will determine if a project has been started in accordance with site plan conditions. Their decision may be appealed to the Zoning Board of Appeals in accordance with Chapter XIV, Section 4.2 of the Zoning By-Law.

The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

The words "used" or "occupied" include the words "intended, designed, maintained or arranged to be used or occupied."

The word "lot" includes the words "plot" or "parcel."

Existing mobile homes not in compliance with the provisions of this By-Law are allowed to remain and may be replaced by new mobile homes provided they are certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development effective June 15, 1976 (the "Standards").

The owner and occupier of a residence destroyed by fire or other natural holocaust may occupy a mobile home on such site for a period not to exceed twelve (12) months while the residence is being rebuilt thereon.

The Building Inspector may grant a permit for a period not to exceed one (1) year to allow the temporary occupancy of a mobile home for a use incidental to construction or development, such as for a construction or security office; but not dwelling purposes. Such permits may be renewed for successive periods not exceeding one (1) year each.

One (1) mobile home or recreational vehicle may be temporarily occupied by non-paying guests of the owner of the premises for a period not to exceed two (2) weeks in any six (6) month period.

Mobile homes and recreational vehicles may be stored within a building on a lot and one (1) mobile home or recreational vehicle may be stored in the open incidental to a permitted use provided that it is not a safety hazard or in violation of this Zoning By-Law.

Establishments providing for the storage of mobile homes, recreational vehicles and trailers for a fee are permitted in a General Business (GB) district provided that such storage occurs within all required yard setback areas and such storage is screened from a public way by a fence installed at a height of six (6) feet.

Campgrounds for recreational vehicles providing water and/or sewer hook-ups may be located in a R-1 or R-2 district upon the grant of a special permit by the Planning Board and submission of a site plan meeting the requirements of Chapter XV of this By-Law.

No trailer may be parked overnight on any public way in the Town.

Purpose

It is the intent of this Section to allow carefully designed and constructed mobile home parks to be located in the Town of Oxford to provide an affordable housing alternative to conventional single family dwellings. Such parks shall be located, designed and improved to provide a desirable residential community, to protect the park from adverse neighboring influences, to protect adjacent residential properties and to minimize adverse effects on the physical environment of the Town of Oxford.

Location

Mobile home parks may be permitted upon grant of a special permit by the Planning Board in the following districts: Suburban (R-2), Residential (R-3) and Multi-family (R-4). Immediate access shall be available from an arterial or collector street.

Procedure

A site plan shall be submitted to the Planning Board in accordance with the provisions of Chapter XV, Section 3.0 (Contents). Public hearings, required notices of same and votes of the Board shall be that as required for special permits in Chapter XIV, Section 5.0. A special permit issued hereunder is only an authorization for the specified use and does not exempt the land from conformance with the Board's Subdivision Control Rules and Regulations. Subsequent approval by the Board shall be required as set forth in the Subdivision Regulations including approval of street and utility systems whether or not the subject proposal is a subdivision as defined by the Subdivision Control Law.

To leave land in a safe and convenient condition for appropriate reuse without requiring excessive and unreasonable maintenance or resulting in damage to public and private property;

To ensure that earth removal or filling activities shall be conducted in a safe manner with due regard to safety and with minimal detrimental effect upon the area in which the activities are located; and

Location of the premises, names of abutting owners, property lines, relations to roadway systems, wooded areas, outcrops, existing rivers, streams, watercourses, pond, swamps, and wetlands on or within two hundred (200) feet of the site.

An operations statement that includes an estimate of the number of cubic yards of material to be brought to the site, cubic yards of material to be excavated, processed (including materials not originating at the site), or removed – including the rate of removal, which may be done in phases, appropriate to the site and scope of the proposed operations, and estimated time length for the operation including necessary sedimentation and erosion control measures in accordance with the Commonwealth of Massachusetts guidelines for Soil Erosion and Sedimentation Control as amended.

Location of stockpiled material.

Grading plan showing existing contours in the area to be filled or excavated and proposed contours for the area after operations. Such plans shall include the area to be filled as well as the surrounding area within two-hundred (200) feet of the project area and shall be drawn at a scale of not less than forty (40) feet to the inch and with contours shown at intervals of not less than two (2) feet.

Existing and proposed drainage of the site (temporary and permanent). Such evaluation shall be based on the recommendation of the Town Engineer and may entail the analysis for a two (2), five (5), ten (10), twenty-five (25), fifty (50), and/or a one-hundred (100) year storm.

Delineation of the one-hundred (100) year flood plain (if applicable).

The location and type of any building or fixed machinery to be used.

Details of final grading and planting of the site to prevent erosion of the site at the conclusion of operations made in accordance with the Commonwealth of Massachusetts Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas as amended.

An estimate of the number and types of trucks and other machinery to be used on the site, including: the location and size of refueling pads, and maintenance locations for machinery and vehicles. Proposed truck access and including number of daily trips.

Credible evidence of the presence of an endangered or threatened species or other natural resources, and/or archeological or historically significant features may require study by appropriate consultants. The results of these studies shall be considered in the approval process and the Planning Board may stipulate protective measures.

Details, to the satisfaction of the Planning Board as to how noise will be held to the site and not reach an unacceptable level to neighboring properties, see 310 CMR 7.10. The Planning Board may require noise readings at the boundary lines of the real estate under consideration; This provision does not apply to blasting, see 527 CMR 1.00.

Proposed use and storage of explosives (earth excavation only). Application should detail the extent of such usage (amount, times to be used, places, circumstances etc.), location of temporary and permanent storage of explosives, and copies of all applicable State and/or Federal licenses/permits.

Proposed fencing, signage and gates.

Geological soundings and/or borings to determine level and drainage patterns of underlying bedrock (earth excavation only).

A statement and supporting documentation regarding potential impact, if any, of any change in surface or groundwater levels or water quality that may be caused by the proposed activities including impacts on private wells and wetlands habitats.

Other information the Planning Board deems necessary.

Earth removal, filling, or land disturbance performed by any municipal, state, or federal agency.

Earth removal, filling, or land disturbance operations which are customarily incidental to farming, agricultural, gardening or nursery operations.

Earth removal, filling, or land disturbance of less than five hundred (500) cubic yards of earth from a lot for the purpose of constructing a building, garage, pool, or other structure and associated facilities on such lot in accordance with a building permit.

Earth removal, filling, or land disturbance of less than five hundred (500) cubic yards of earth from a lot for the purpose of constructing or improving a driveway on such lot.

Earth removal, filling, or land disturbance of not more than a total of five hundred (500) cubic yards of earth from a lot for any purpose other than constructing a building or other structure and associated facilities on such lot in accordance with a building permit. All amounts of earth removal or filling from a lot within any period of ten (10) consecutive years shall be added together in the computation of such total.

The Performance Bond shall secure to the Town of Oxford the actual construction, installation, and completion of each approved phase of permitted activities in accordance with these Regulations including without limitation soil erosion and sedimentation control, maintenance and repair of streets, drainage, inspection and monitoring fees, and any specific requirements of any conditions of approval by the Board. If the activities at any one particular site will take place over an extended period of time, the Performance Bond, at the discretion of the Board, may be submitted in phases over certain time periods. Said Performance Bond shall be reviewed at each renewal period to determine compliance.

The applicant shall submit cost calculations for all permitted activities to be covered by the Performance Bond, which will be reviewed by the Land Management Office and the Town Engineer and adjusted to include contingency and inflation factors; monitoring and inspection fee costs, calculated as 5% of the total calculated costs of activities; and revised cost figures as necessary. The bond will cover a period of two years and may be renewed until completion of all approved activities or the expiration of any approvals issued by the Board.

The applicant may apply for a partial release of the Performance Bond. After submittal of an as-built survey of the completed permitted activities and inspection by the Board, and/or its authorized agent(s), the Board may, release up to an amount equal to the costs of the completed permitted activities, but no more than 90% of the original bond.

If for any reason the Performance Bond is insufficient to pay for all costs of activities covered by the bond, and the applicant and/or property owner do not complete such activities to the satisfaction of the Board, the applicant and/or property owner shall remain liable for the costs in excess of the Performance Bond.

First Offense $100

Second Offense $200

Each Subsequent Offense: $300

To ensure all earth removal or filling activities are conducted in a safe manner with due regard to safety and with minimal detrimental effect upon the area in which the activities are located.

To leave land in a safe condition for appropriate reuse without requiring excessive and unreasonable maintenance or resulting in damage to public and private property.

To ensure protection of natural resources.

The following performance standards shall apply to Minor and Major Earth Removal or Filling Permits as specified below and as they are applicable to the earth removal or filling operation. The Board shall use these performance standards as the basis for any determination to approve, approve with conditions, or deny a permit application.

Approval of an Earth Excavation and Filling Permit shall not preclude obtaining any additional permits by any Board, Commission, or Agency.

The Board may summarily condition a permit approval to meet these standards by referencing this section of the Bylaw. The Board may also modify any of the following performance criteria as part of a conditional approval to ensure that operations will not be injurious, dangerous, obnoxious, or offensive to people in the general vicinity by reason of the emission of odor, fumes, dust, smoke, vibration, noise, heat, glare, or other nuisances observable at the lot lines or the immediate neighborhood.

Minimum Performance Standards for All Earth removal or filling Permits

The hours of operation shall be between 7:00 A.M. and 7:00 P.M., Monday through Friday, and 8:00 A.M. until 2:00 P.M. Saturdays. No work shall take place during holidays and Sundays. The warm-up of vehicles, use of equipment, repairs, and loading/unloading of vehicles and trailers on the prescribed site shall only occur within the operation hours.

The location of crushing operations shall be dependent on a noise study performed by a qualified firm at the cost of the applicant.

The operation shall not result in sharp declivities, pits or depressions or soil erosion, drainage or sewerage problems or conditions which would impair the reasonable reuse and development of the lot for purposes permitted under the Bylaws in the zoning district where the site is located.

All loaded vehicles shall be suitably covered to prevent dust and contents from spilling and blowing from the vehicle off site.

The operation shall not cause undue injury or damage to public or private roadway surfaces.

The permit holder shall be responsible for necessary cleaning of spillage of materials on all roadways because of operations.

For any depth of excavation, the grade of slope restoration shall be determined by the Board.

No land shall be excavated to cause accumulation of free-standing water unless free standing water is integral to the postconstruction purpose of the activity and acceptable to the Board.

Permanent drainage and siltation control shall be provided. Drainage shall not lead directly into any water resource.

No excavation or associated activities shall be allowed closer than one hundred (100) feet to any wetland resource within the jurisdiction of the Conservation Commission.

No excavation or associated activities shall be allowed closer than one hundred (100) feet of an abutting property line without written permission from the abutter(s) unless the Board deems a greater distance to be maintained due to site conditions.

Excavation or associated activities within twenty-five (25) feet of an abutting way may require, within the discretion of the Board, written permission from the abutter(s).

Minimum separation distance between any excavation and the seasonal high groundwater table shall not be less than six (6) feet, unless it can be demonstrated to the Planning Board’s satisfaction that a smaller separation distance will not adversely impact groundwater and/or neighboring uses or future uses on the site. No excavation or fill shall be made that would reduce the final elevation below flood plain, change the area of the flood plain, or expose groundwater without being first permitted as may be required by the Conservation Commission.

All debris, stumps and boulders shall be disposed of at a facility specifically designed to perform this type of disposal unless reused on-site as part of future operations in a manner acceptable to the Board.

The perimeter of the job site shall be secured.

Dust control measures shall be taken to mitigate dust pollution off-site.

Rodent control measures shall be in place during the entire duration of earth removal or filling activities.

No building except a field office or temporary shelter for machinery shall be erected on the premises; all proposed buildings shall require a building permit.

Groundwater quality monitoring wells may be required by the Planning Board as a means of protecting water quality.

Emergency contact information shall be provided to the Town.

All earth materials brought into a site for any purpose including but not limited to soil amendments, topsoil, loam, slope dressing, etc. shall be certified by the applicant through Licensed Site Professional(s) to be clean materials free of contamination. Testing of fill materials shall be conducted monthly. Lading slips stating where material came from and in what quantity along with testing results shall be provided to the town upon request. Topsoil and/or loam shall be screened for invasive species. Any contamination or invasive species shall be disposed of in accordance with federal, state, and local codes.

If contaminated soils are found on the site or on material brough into the site, a Licensed Site Professional shall be employed to address the contamination per 310 CMR 40.0000 and M.G.L Chapter 21E.

Additional Performance Standards for Major Earth Removal or Filling Permits

Access roads shall be constructed in a manner that precludes any vehicle from turning more than 90 degrees to enter or leave the site.

All access roads shall be properly secured during the nonoperational hours.

All access roads leading to the public or private ways shall be paved in a manner suitable to the intended vehicle load for two hundred (200) feet back from said ways unless such surfacing will impact adjacent resource areas or essential elements of on-site operations.

On-site refueling of equipment shall be performed only on access roads to the greatest extent practicable.

Limits of excavation shall be set by stakes located every one hundred (100) feet with a minimum of [three (3)] feet exposed. A vertical control monument shall be installed in a readily accessible location and shown on all plans submitted by the permittee.

An earth removal or filling phasing plan shall be provided if the earth removal or filling operation exceeds a total of five (5) acres.

The legal name and address of the owner of the parcel on which the business will be established.

The legal name and address of the applicant for the special permit for adult uses.

Adequate evidence of the applicant's ownership or authority to use the premises for the purposes to be allowed by the special permit for adult uses.

A detailed property line plan, prepared by a Massachusetts Registered Land Surveyor, showing the location of the parcel for which the adult use is proposed and that parcel’s precise distances from the following: the boundary of any residential zoning district, the property line of any parcel currently used for a church, school, day care facility, public playground, park, recreational facility, adult book store, adult motion picture theatre, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons.

The names and addresses of all abutters as they appear upon the most recent tax list.

A site plan prepared in accordance with Chapter XV of these by-laws.

The applicant is a person convicted of violating the provisions of M.G.L. Chapter 119, Section 63, or M.G.L. Chapter 272, Section 28.

The parcel on which the adult use is proposed is located less than 800 feet from the boundary of any residential zoning district, the property line of any parcel currently used for a church, school, day care facility, public playground, park, recreational facility, adult book store, adult motion picture theatre, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons.

No special permit for adult uses shall be issued for a period in excess of five (5) years. The duration of the special permit for adult uses shall begin on the effective date of the special permit as defined by M.G.L. Chapter 40A, Section 11.

No special permit for adult uses shall be transferred to another without prior written approval of the Board of Selectmen..

No Adult Use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in M.G.L. Chapter 272, Section 31.

Such other reasonable requirements consistent with the provisions of this Chapter and such rules and regulations as the Board of Selectmen may adopt hereunder.

The Board of Selectmen shall adopt reasonable rules and regulations to carry out the purposes of this Chapter. Such rules and regulations shall take effect upon their being filed in the office of the Town Clerk.

Any person violating the provisions of this Chapter shall be subject to the enforcement provisions of this By-Law.

Receive only dish antennas and television antennas that are considered accessory uses.

Radio communication antenna and communication facilities operated by the Commonwealth of Massachusetts or any subdivision thereof.

Public sewage collection systems installed by, or under the authority of, the Town of Oxford or any other public agency authorized to operate such facilities.

Gas or water distribution pipes and appurtenances installed in existing public ways or in duly recorded easements and electric, telephone, or cable television service lines and appurtenances installed either above ground or under ground in existing public ways or in duly recorded easements.

Water and sewage treatment, pumping, storage, or metering facilities.

The legal name and address of the owner of the parcel on which the use will be established.

The legal name and address of the applicant for the special permit and adequate evidence of his status as a Service Provider or other entity authorized to operate a public utility.

Adequate evidence of the applicant's ownership or authority to use the premises for the purposes to be allowed by the special permit.

Plan and elevation views of the proposed installation.

A detailed property line plan showing the location of the parcel for which the public utility installation is proposed.

A site plan prepared in accordance with Chapter XV of these by-laws based on the above required property line plan showing precise distances between the proposed installation and property boundaries.

The site plan shall show enough information to demonstrate that the applicant has deeded control of enough property to provide for an adequate fall zone equal to at least one and one-half (1 ½ ) times the height of the tower, from the base of the tower, to any property line, road, right-of-way or any building used by people other than an associated building containing equipment for the tower’s operation

The names and addresses of all “Parties In Interest” as defined in Chapter XIV, Section 4.4 of this By-Law.

For Wireless Communication Facilities and Towers, material describing a specific plan for a “balloon” or similar test of a size, color and duration acceptable to the Planning Board, including the date and time, as well as a rain date and time, suitably and clearly described for inclusion in the legal notice of the Public Hearing and for inclusion in the notice to Parties In Interest.

Applicant shall provide copies of all information submitted, to the Massachusetts Department of Public Health, Radiation Control Program for 105 CMR 122, including initial filing and ongoing monitoring.

The public utility installation will cause a detriment to a residential neighborhood by virtue of noise, odor or other emission.

The public utility installation will cause a detriment to a residential neighborhood by virtue of traffic generation of a type uncommon in a residential neighborhood or by turning movements that result in a serious hazard to other vehicles or pedestrians.

For wireless communication facilities, there exists adequate space on an existing tower within one mile of the proposed facility to accommodate the proposal.

The tower exceeds 150’ in height, unless the applicant demonstrates that a greater height is required to allow for provision of the wireless communications services or unless the Planning Board finds that co-location on said tower is both practical and preferable.

Special permit issued under this Chapter shall provide that all such requirements shall be noted on, or incorporated into, the site plan, as appropriate, prior to approval of said site plan under Chapter XV of this By-Law. The Planning Board shall impose on the grant of a special permit issued under this Chapter, such other reasonable requirements and conditions as are consistent with the provisions of this Chapter and with such rules and regulations as the Planning Board may adopt hereunder.

Building permits shall not be issued for the construction of more than thirty-six (36) new dwelling units in any period of twelve (12) consecutive months. Said building permits shall not be issued at a rate to exceed five (5) per calendar month and shall be available on a first come first served basis.

Building permits shall not be issued for the construction of more than five (5) new dwelling units in any period of twelve (12) consecutive months to any one applicant. Said building permits shall not be issued at a rate to exceed two (2) per month per applicant. For the purposes of this section, “applicant” shall refer to the holder of a Construction Supervisor License, or individuals, as well as to partnerships, corporations, trusts, or other legal entities in which a named applicant holds a legal or beneficial ownership interest of greater than 1%.

Building permits shall not be issued for the construction of more than five (5) new dwelling units in any period of twelve (12) consecutive months on any lot of record in existence at the time of adoption of this Chapter.

Building permits that would result in the creation of new dwelling units issued for lots that are exempted from operation of this Chapter by M.G.L. c.40A, §6 will not be counted toward the limitations.

Building permits that would have resulted in the creation of new dwelling units that have not been used within six (6) months of issuance shall be counted in the limitations.

Building permits for the restoration, expansion, alteration, renovation, or reconstruction of dwelling units in existence at the time of adoption of this Chapter.

Building permits for dwelling units that would count toward the Town’s inventory of low and moderate income housing units for purposes of satisfying M.G.L. c 40B.

Building permits for dwelling units created in accordance with the special permits issued for accessory apartments or assisted living residences.

Building permits for dwelling units constructed expressly for use as housing for persons 55 years of age or over, in accordance with the provisions of M.G.L. chapter 151B, section 4, paragraph 6, and deed restricted for such use in perpetuity.

No construction and no clearing of land shall be allowed within two hundred (200.00) feet of Robinson Pond or within one hundred (100.00) feet of the statutory wetlands, as defined by M.G.L. Chapter 131 §40, surrounding the Pond or the streams tributary to the Pond.

Any subdivision of land shall be of the Cluster Development type of subdivision as allowed by Chapter XIII of this By-Law.

The net density of residential development in any subcatchment area draining to the pond, its wetlands or tributary streams, shall not exceed four (4) bedrooms for every 60,000 square feet of land area within the sub catchment area.

No gas or diesel powered motorized watercraft shall be allowed in any ponds, wetlands or tributary streams. Electric power watercraft is permitted in any ponds, wetlands or tributary streams.

Severability

If any provision of this bylaw is found to be invalid by a court of competent jurisdiction, the remainder of this bylaw shall not be affected but shall remain in full force. The invalidity of any provision of this bylaw shall not affect the validity of the remainder of the Town’s Zoning By-Law.

Large Scale Ground Mounted Solar Energy System. A solar energy system that is structurally mounted on the ground and is not roof mounted and has a minimum nameplate capacity of greater than 250kw DC and is designed, constructed and intended to convert solar energy to electricity (generated for residential or commercial use).

Small Scale Ground Mounted Solar Energy System. A solar energy system that is structurally mounted on the ground (not roof-mounted) and has less than a minimum nameplate capacity of 250 kW DC.

Roof-Mounted Solar Energy System. A solar energy system that is structurally mounted to the roof of a building.

Rated Nameplate Capacity. The maximum rated output of electric power production of the solar energy system in Direct Current (DC).

Solar Parking Canopy. An elevated structure that hosts solar panels installed over parking lots or other hardscape areas. Also may be called solar carport installation.

Project Area. The project area shall consist of that area of land used for the installation of the solar panels, utility poles, appurtenant structures, fencing, entrance and interior access ways, drainage infrastructure, electronics, and any surrounding shade management areas.

Special Permit and Site Plan Review. All large scale ground mounted energy systems, require a special permit and site plan approval by the Planning Board prior to construction, installation or modification as provided in this Chapter.

Stormwater Management and Land Disturbance. Projects within the jurisdiction of the Conservation Commission [with respect to wetlands] shall file a Notice of Intent, Stormwater Management Permit, and Land Disturbance Permit applications with the Conservation Commission concurrently with the Planning Board, and shall comply with the regulations of Chapters Sixty-Six and Sixty-Seven of the Town of Oxford General By-Laws, Stormwater Management and Land Disturbance and Stormwater Management Requirements, in addition to meeting Massachusetts Stormwater Standards. If the project is not within the jurisdiction of the Conservation Commission, the Stormwater Management and Land Disturbance permit applications shall be filed with the Planning Board in conjunction with the special permit and site plan applications.

The construction and operation of all large scale solar energy systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable environmental, safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar energy system shall be constructed in accordance with the State Building Code.

No large scale solar energy system shall be constructed, installed or modified as provided in this Chapter without first obtaining a building permit.

Plans and drawings of the solar energy system signed and stamped by a Professional Engineer licensed to practice in Massachusetts showing the proposed layout of the system, to include the zoning district designation for the parcel(s) of land comprising the project site, and an “existing conditions” plan sufficient to determine “pre-construction condition” for purposes of stabilizing and/or re-vegetating the site to its original state and minimize erosion upon discontinuance, decommissioning or abandonment of the solar energy system, including an inventory and plan of all vegetation proposed to be removed.

Technical specifications of the major system components, including the solar arrays, mounting system, electrical equipment, battery storage components, and other supporting equipment and structures. No arrays/panels shall exceed a height of eight (8) feet. Accessory battery units and cooling equipment shall not exceed ten (10) feet in height and are limited to one 50 feet long x 15 feet wide x 10 feet tall unit per 2 MW of system capacity.

Documentation of the major system components to be used including the PV panels, mounting system, and inverter, and any battery storage components.

One-line or three-line electrical diagram detailing the solar energy system, associated components and electrical interconnection methods, with all Massachusetts Electrical Code, 527 CMR §12.00 compliant disconnects and overcurrent devices.

Color renderings not less than 1 inch = 50 feet showing sight line views from abutting streets and properties of the proposed installation.

Color aerial view both before and after proposed installation showing tree coverage and buffer zone not less than 1 inch = 50 feet.

A glare analysis and proposed mitigation, if any, to minimize the impact of glare on affected properties.

The names, addresses, telephone numbers, and e-mail addresses of: the owner and applicant, as well as all co-proponents or property owners, if any; and of the proposed system installer and operator and agents authorized to act on their behalf, which information shall be updated within 30 days whenever the land changes ownership, a new installer is retained by the owner or applicant, or a new operator takes over operation of the system.

Documentation evidencing actual or prospective access to and control of the project site sufficient to allow for construction and operation of the proposed system, e.g., an easement, lease or license agreement, or an option to enter into the same, fully executed by the record owner of the property and the applicant.

The applicant shall submit evidence satisfactory to the Planning Board that the utility company has been informed in writing of the intent to install a solar energy system and that the utility company has responded in writing to the interconnection notice.

If the applicant enters into a purchase agreement for the sale of energy produced from the project, the Assessor’s office shall be notified and copied on the signed agreement.

Irrespective of whether the project would otherwise be exempt, in whole or in part, from the payment of personal or real property taxes, the applicant shall, before any building permit is issued for the project, pursuant to G.L. c.59, §38H (or successor statutory provision), enter into a tax agreement or Payment in Lieu of Taxes agreement with the Town that provides for payment to the Town of an amount that is a fair approximation of what the taxes for the project, based on full and fair cash value, would have been in the absence of such an exemption, as determined by the Board of Assessors. The applicant shall provide the Board of Assessors with such information regarding the project as the Board of Assessors requests in order to develop a valuation of the project

Financial surety that satisfies Section 12 of this Chapter.

Operation and Maintenance Plan. The applicant shall submit a plan for the operation and maintenance of the Large Scale Solar Energy System along with a signed agreement with a maintenance company. This plan shall include measures for maintaining year round safe access for emergency vehicles, snow plowing, stormwater controls, vegetation control, and general procedures for operating and maintaining the energy system including the fencing, fire access roads and landscaping. Use of pesticides and herbicides is prohibited. Adherence to the Operation and Maintenance Plan shall be included as a condition of the Special Permit.

Stormwater Pollution Prevention Plan (SWPP) shall be submitted to the Town prior to the start of any site work.

Proof of liability insurance.

A decommissioning plan that satisfies Section 11 of this Chapter.

Setback and Height Restrictions. The project and its facilities, including appurtenant structures (including but not limited to equipment shelters, storage facilities, transformers, fences and substations) shall have a setback from front, side and rear property lines and public ways of at least two hundred (200’) feet and if the system abuts an open field, i.e., farmland or pasture land, it shall have a setback from front, side and rear property lines and public ways of at least three hundred (300’) feet The Planning Board may reduce visual mitigation planting requirements if sufficient natural vegetation exists in the setback area.

Buffering/Visual Mitigation: The visual impact of the project, including all appurtenant structures, shall be visually mitigated. Structures shall be buffered/shielded from view and/or clustered to avoid adverse visual impacts as deemed necessary by the Planning Board using landscaping and natural features as appropriate to accomplish the mitigation. Evergreens shall be at least 8 feet tall at time of planting and shall be spaces four (4’) feet apart or at the discretion of the Planning Board. Plant choices to incorporate habitat forage plantings for pollinators is encouraged. Water bags shall be filled as needed for three growing seasons to assure the plants’ survival. Dead or diseased plants shall be replaced. A proposed project in a residential zone shall provide a buffer with a minimum width of two hundred (200’) feet measured from the fence of the proposed solar system to the property line of all abutting properties.

Lighting. Lighting shall be limited to that required for safety and operational purposes, and shall not be intrusive in any way on abutting properties. Lighting shall incorporate full cut-off fixtures to reduce light pollution.

Signage. No signage is permitted except the emergency sign required in Section 6.2.3 above.

Utility Connections. All utility connections within two hundred (200’) feet of a public way shall be underground. The Planning Board may grant a waiver depending on soil conditions, shape or topography of the site.

Land Clearing. Clearing shall be limited to 30% of the total parcel, as determined by the Planning Board, for the construction, operation and maintenance of the solar energy system.

Environmental Impacts. Proposed structures (including panels) shall be integrated into the existing terrain and surrounding landscape by: (a) minimizing impacts to wetlands, steep slopes and hilltops (b) protecting visual amenities and scenic views; (c) minimizing tree, vegetation, and soil removal; and (d) minimizing grade changes.

Stormwater Runoff Volume Impacts. In addition to meeting the Massachusetts Stormwater Standards, stormwater runoff from the proposed project shall not adversely impact downgradient properties and wetland resources. The applicant shall provide pre-development and post-development stormwater runoff volume calculations for the 2, 10, and 100 year storm events. An analysis of downgradient impacts shall be performed to determine if there will be any changes to the hydrological character of wetlands and if there will be flooding to downstream properties, drainage systems and wetland resource areas. Mitigation measures shall be included to reduce any impacts resulting from increases or decreases in stormwater runoff volumes.

Stormwater Management System. The stormwater system shall not allow discharge of water until all contributing ground surfaces are stabilized and stormwater is clean. Prior to full operation of the stormwater system, all basins, forebays and conveyance systems shall be cleaned of all sediment.

Site Re-Vegetation. Stabilization methods shall include re-vegetating disturbed areas other than array areas with the same non-invasive native species that were removed. These areas include along roadways, around arrays and fences, and cut and fill areas. Any of those areas of pre-development that were growing invasive or non-native species that are disturbed shall be replaced with native vegetative cover and consideration shall be given to selecting plants for pollinators where appropriate. A planting schedule and plan shall be submitted for approval by the Board.

Replacement of Shade Trees. Tree canopies proposed to be removed beyond the solar panels due to shading shall be replaced with lower height native trees or shrubs upon approval by the Board. A shading analysis shall be provided for any such areas.

Noise. Noise generated by solar energy systems, cooling fans, associated equipment and machinery shall conform at a minimum to applicable state and local noise regulations, including the DEP’s Division of Air Quality noise regulations, 310 CMR 6.14. In addition, for the purposes of this by-law, a source of sound will be considered in violation of this section if the source increases the broadband sound level by more than 5db(C).

Hours of Construction. Hours of construction shall be Monday through Friday from 7:00 a.m. to 6:00 p.m.

The applicant shall Hydro seed the site as construction progresses.

The applicant shall engage engineering and surveying services as construction progresses to ensure compliance with the Planning Board’s requirement for an as-built plan prior to issuance of an occupancy permit.

While construction progresses, the applicant shall submit field reports by its civil engineer to the Board on a weekly basis, and before and after every rain event of 0.5 inches or more until the site is completely stabilized. The field report shall include standard field report information, weather conditions, type of inspection, present phase of construction, storm event information since the last inspection, and reports of any stormwater discharges.

The applicant shall request inspections for erosion control measures and stormwater management components in accordance with the requirements of the Stormwater Management By-Law, Land Disturbance By-Law, and any Order of Conditions granted by the Conservation Commission.

The operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, equipment inspection for fluid leakage, tree planting health, and integrity of fencing and other security measures. The operator shall be responsible for maintaining access for emergency vehicles that is determined to be adequate by the Oxford Fire and Police Departments, and any other local emergency services, and for maintaining adequate access for any maintenance equipment.

The operator shall provide the Planning Board with a yearly operations and maintenance report of the operation status, including but not limited to efficiency of energy production. This report shall be submitted no later than 45 days after the end of the calendar year. The applicant shall incur the cost for the Town to hire an engineer to review the report. If said report is not submitted, the Town may consider this as evidence the facility has been abandoned and the Planning Board may take action as described in Section 10.0.

The Town, through its boards and agents, shall be permitted to enter the premises in the event of emergency, or otherwise, upon 48 hours’ written notice to the applicant for the purpose of monitoring compliance with the terms of the Special Permit.

Removal Requirements. Any project that has reached the end of its useful life, or is operating at less than 25% of its original MW capacity or has been discontinued, decommissioned, or abandoned, as defined below in Section 10.4, shall be removed. The owner or operator shall physically remove the energy system within one hundred fifty (150) days after the date of discontinuance or abandoned operations or decommissioning. The owner or operator shall notify the Planning Board and Building Commissioner by certified mail of the proposed date of discontinued operations or decommissioning and submit the plans for removal.

Removal. Removal shall consist of physical removal of all equipment from the site, including, but not limited to, the solar arrays, structures, foundations, equipment, battery storage equipment, security barriers, and electrical transmission lines.

Stabilization/Re-Vegetation. Upon discontinuance, decommissioning or abandonment of the project, the applicant shall stabilize or re-vegetate the site as necessary to return the site to its original state and minimize erosion. This may include plantings to ensure re-vegetation of fields to prevent run-off and wetland impacts. The Planning Board may waive this requirement if the applicant submits a proposed re-use plan for the site.

Abandonment. The system shall be considered abandoned upon: (a) notice by the owner or operator to the Planning Board, as provided in Section 10.1, stating a proposed date of discontinuance or decommissioning; (b) when the solar energy system fails to operate at 25% of the original capacity; or (c) operations are discontinued for more than one (1) year without the written consent of the Planning Board. If the owner or operator fails to remove the energy facility in accordance with the requirements of this Section, the Town may, to the extent it is otherwise duly authorized by law, enter the property and physically remove the system.

Prior to the issuance of a building permit, the applicant shall provide security in the form of a cash deposit in an amount determined by the Planning Board to be sufficient for the Town to cover the cost of stabilization of the site in the event the applicant abandons construction of the project, or in the event the construction of the project threatens public health and safety, including the integrity of surrounding property.

Prior to issuance of a building permit, the applicant shall provide a performance bond covering the decommissioning and removal of the project and restoration of the project site in accordance with this Section 12. The bond shall be in form and content approved by the Planning Board; shall be issued by a surety qualified to do business in Massachusetts; and shall be maintained without interruption until the removal of the project and restoration of the project site in accordance with the decommissioning plan submitted by applicant under this Section 12, although the bond may be renewed on an annual or other basis.

Prior to issuance of a building permit and submission of a signed performance bond, the applicant shall provide a form of performance bond for review and approval of the Planning Board; a detailed, written decommissioning plan describing the manner by which the project will be decommissioned and removed and the project site restored as near as practicable to its original condition, reasonable wear and tear excepted; and a detailed, written estimate by a professional engineer (registered in Massachusetts) of the cost of such decommissioning, removal and restoration (without deduction for the salvage value of the project). Such estimate shall include but not be limited to the costs for lawful disposal of all materials including fluids and hazardous materials.

Notwithstanding the foregoing, in the sole discretion of the Planning Board, in lieu of a performance bond an applicant may be permitted or required by the Planning Board to furnish financial security in the form of a cash deposit or Stand by Letter of Credit or other reasonable form.

The sum of the bond or financial security shall be in an amount approved by the Planning Board, and shall include an escalator for inflation during the term of such bond or security.

Environmental features of the site are protected, and surface runoff will not cause damage to surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

The visual impact of the system on the immediate abutters and on the nearby neighborhood has been effectively neutralized through appropriate design, landscaping or structural screening.

The Planning Board may also impose conditions as it finds reasonably appropriate to safeguard the Town or neighborhood including, but not limited to, screening, lighting, noise, fences, modification of the exterior appearance of electrical cabinets, battery storage systems, or other structures, limitation upon system size, and means of vehicular access or traffic features.

No occupancy permit shall be granted by the Building Inspector, nor shall the site be energized or interconnected to the utility until the Planning Board has received, reviewed, and approved an as-built plan that demonstrates that the work proposed on the approved site plan, including all stormwater management components and associated off-site improvements, have been completed in accordance with the approved plan and certified same to the Building Commissioner. The Planning Board may, in its discretion, approve an as-built plan upon provision of a proper bond, covenant or third party agreement to secure incomplete work where such work is not immediately necessary for lawful operation of the system without negative effect on public health and safety and surrounding properties. The applicant shall make every effort to coordinate necessary surveying and finalization of the as-built plans and submission of required construction control documents prior to the conclusion of construction that would prevent the applicant from interconnecting to the utility. Notwithstanding the above, a temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work imposed by the Planning Board.

All large-scale battery energy storage systems shall require a special permit and site plan approval by the Planning Board prior to construction, installation, or modification as provided in this Chapter.

Projects within the jurisdiction of the Conservation Commission shall file a Notice of Intent, along with a Stormwater Management and Land Disturbance application with the Conservation Commission concurrently with the Planning Board’s application.

If the project is not within the jurisdiction of the Conservation Commission, the Stormwater Management and Land Disturbance permit application must be filed with the Planning Board in conjunction with the special permit and site plan applications.

The construction, operation, and decommissioning of all large-scale battery storage electrical systems shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable environmental, safety, construction, fire, and electrical requirements.

No construction, installation, or modification as provide in this Chapter shall start without first obtaining a building permit.

Plans and drawings of the system signed and stamped by a Professional Engineer licensed to practice in Massachusetts showing the proposed layout of the system, to include the Zoning district designation for the parcel(s) of land comprising the project site.

Technical specifications and design plan of the battery management system as well as the thermal runaway detection system, ventilation safety control plan, the fire detection, suppression, and control system, and the spill control and fire water containment plan.

A noise study to assess the impact of all noise sources generated from the project to abutting properties, and determine the appropriate layout, design, and control measures. The report should include details of assessment methods, summarize the results, and recommend the required outdoor as well as any indoor control measures. Furthermore, the report must be prepared by a qualified individual with experience in environmental acoustics.

The names, addresses, telephone numbers, and e-mail addresses of the following: the owner and applicant, as well as all co-proponents or property owners, if any; and of the proposed system installer and operator and agents authorized to act on their behalf, which information shall be updated within 30 days whenever the land changes ownership, a new installer is retained by the owner or applicant, or a new operator takes over operation of the system.

Utility Lines. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility.

Signage. The signage shall include the type of technology associated with the systems, any special hazards associated, the type of suppression system installed, and 24-hour emergency contact information. All information shall be clearly displayed on a light reflective surface. Clearly visible warning signs concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Lighting. Lighting of the systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Vegetation and Tree-Cutting. Areas within ten (10) feet on each side of a system shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees or shrubbery and cultivated ground covers such as green grass, ivy, succulents, or similar plants shall be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized.

Noise. The 1-hour average noise generated from the systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the property line.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the property.

Disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

The anticipated life of the battery energy storage systems.

The estimated decommissioning costs and how said estimate was determined.

The method of ensuring that funds will be available for decommissioning and restoration.

The method by which the decommissioning cost will be kept current.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Environmental features of the site are protected, and surface runoff will not cause damage to surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

The Planning Board may also impose conditions as it finds reasonably appropriate to safeguard the town or neighborhood including, but not limited to, screening, lighting, noise, fences, modification of the exterior appearance of electrical cabinets, battery storage systems, or other structures, limitation upon system size, and means of vehicular access or traffic features.

No occupancy permit shall be granted by the Building Commissioner, nor shall the site be energized or interconnected to the utility until the Planning Board has received, reviewed, and approved an as-built plan that demonstrates that the work proposed on the approved site plan, including all stormwater management components and associated off-site improvements, have been completed in accordance with the approved plan and certified same to the Building Commissioner.

The Planning Board may, in its discretion, approve an as-built plan upon provision of a proper bond, covenant, or third-party agreement to secure incomplete work where such work is not immediately necessary for lawful operation of the system without negative effect on public health and safety and surrounding properties.

The applicant shall make every effort to coordinate necessary surveying and finalization of the as-built plans and submission of required construction control documents prior to the conclusion of construction. Notwithstanding the above, a temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work imposed by the Board.