Stormwater management plan: A plan required as part of the application for a Stormwater Management Permit. Other formatting and organizational changes include 1) adding and improving definitions, 2) rearranging sections of the bylaw into a logical order, 3) bringing references up-to-date, and 4) eliminating illegal, unnecessary or out-of-date bylaws. If you have questions about using the new system, or if you are not sure what to apply for, please contact Megan Pilla, Principal Development Planner (860-647-3288), or Katie Williford, Administrative Secretary (860-647-3048). Storm water run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations and the terms and conditions as imposed by the Planning Board. All sidewalks are required to be cleared of snow and ice within 10 hours after the snow has ceased falling. The minimum setback requirements shall not apply to the projections of steps, eaves, chimneys and cornices, window sills or belt courses. Calculation of fees-in-lieu of units. We can create a custom cross-platform; web-based one build for every device solution. Where the requirements of this section differ from or conflict with the requirements found elsewhere in this Bylaw, the requirements of this section shall prevail. a. Stormwater management easements shall be provided by the property owner(s) as necessary for: (i). No LGSPI shall be constructed, installed or modified without a building permit. Ground and Surface Water Resource Overlay Protection Districts. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. The location of existing and proposed utilities. Upon a finding of discontinuance, the Building Inspector shall issue a Notice of Discontinuance to the permit holder and to the owner of the site by certified mail, delivery receipt requested. Medical Marijuana Treatment Center as defined by 105 CMR 725.000, et al., as it may be amended or superseded, and pursuant to all other applicable state laws and regulations,means a not-for-profit entity registered under 105 CMR 725.100, otherwise known as a Registered Marijuana Dispensary (RMD), that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers Marijuana, products containing Marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers, as those terms are defined under 105 CMR 725.004. a) For developments of multi-family condominiums, the Planning Board may substitute the median sale price for new condominiums built in Manchester-by-the-Sea during the preceding three fiscal years for the median sale price of new single-family homes. In considering a site plan the Planning Board shall assure: (a) Protection of adjacent areas against detrimental or offensive uses on the site by provisions of adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, and allowance of sun, light, and air; (b) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas; (c) Adequacy of facilities of handling and disposal of refuse and other production by-products; (d) Protection of environmental features on the site and in adjacent areas; (e) Promotion of appropriate arrangement of structures within the site and in relation to existing structures within the district and neighborhood; (f) Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, water courses, buildings and other features that support the neighborhood; (g) Compliance with all applicable sections of the Zoning By-Laws. The Planning Board is the SPGA. Signs on LGSPI shall comply with the requirements of all applicable sign regulations, and shall be limited to: (a)Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger. The construction of fencing that will not substantially alter existing terrain or drainage patterns; 4. The sq. 1. Each copy of the SMSP Application package shall include: 1. a completed Application Form with original signatures of all owners; 2. a list of abutters, certified by the Assessors Office; 3. the Stormwater Management Plan and project description as specified in Section 6.15.7 of this By-law; 4. the Operation and Maintenance Plan as required by Section 6.15.8 of this By-Law; B. subdivision design and/or damage to the sites natural features; 4. Each development plan shall follow the design process outlined below. The Planning Department's mission is to work in partnership with residents, Town departments and the private sector to build, sustain and manage a high quality of life in Manchester. 8. The date, time and alternate date if needed due to weather, shall be announced in a newspaper having local circulation for the two (2) consecutive weeks prior to the test. The site plan also shall show the relation of locus map at a scale not greater than 1=2,000'. each. The degree to which the topography of the locus will not be preserved by a RCC, 2. The applicant may make an administrative appeal from the Planning Boards selection of any such outside consultant, such appeal to be made to the Towns Board of Selectmen and limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required statutory qualifications (which, as specified in MGL c.44 Section 53G are either an educational degree in or related to the field at issue or 3 or more years of practice in the field at issue or a related field). 9.4.11 Fees in Lieu of Affordable Housing Units. 9.4.4 Mandatory Provision of Affordable Units. This Zoning Recodification and Update initiative allows the Town an opportunity to make its Zoning regulations easier to understand, administer and enforce, and align Zoning regulations with current land use goals, best practices and municipal capacity. In addition, the Planning Board may require the submission of any or all of the materials included in Sections 11.2.10.4.1 through 11.2.10.4.3.4, below. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. The fee for this certificate (permit) is $50.00. The applicant shall provide a description of any WECF fire protection system and a copy of the project summary, an electrical schematic, and plot or site plan to the local emergency services designated by the Planning Board. The owner or operator of the installation shall notify the SPAA and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. Transferability of a Special Permit. (d) Additional information requested by the Board of Appeals. If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable. Zoning Bylaw Recodification and Update - What and Why? Accessory buildings and structures may not exceed the height of the principal building. Any new development, expansion, or change of use other than a single-family or two-family residence which would, under the parking schedule "Off-Street Parking Regulations" of Section 6.2, require ten (10) or more parking spaces, regardless of the number of parking spaces existing on the premises, shall be permitted only upon the issuance of a special permit from the Planning Board for Site Plan Review. [Amended 1982, 1986, 1987, 1989, 2007], DISTRICT MINIMUM DISTANCE FROM FRONT, District A 10 ft. *, District B 5 ft. *, District C 15 ft. *, Residence District D 5ft. *, District E 15 ft. *, General District 5ft. *, *Accessory structures shall be set back from the street(s) on which the lot has frontage at least. 1.Uses. Distances, at grade, from the proposed WECF to each building on the site plan shall be shown; c) Proposed location of WECF, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads. FOR THE CITY OF MANCHESTER, NEW HAMPSHIRE Adopted February 7, 2001 Amended through October 6, 2020 AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001: March 20, 2001- Article 8 - Section 8.05 Multi-family dwelling units for the elderly; subsection C The Planning Board may require the permittee to post before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. Police Department. Create a Website Account - Manage notification subscriptions, save form progress and more. (b) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. A member may be removed only for cause by the Board of Selectmen and only after a written statement of the facts on which removal for cause is based has been presented to such member and a public hearing has been held at which the member has been afforded the opportunity to be heard. (c) In all zones, the application of pesticides, herbicides, fertilizers, fungicides, and rodenticides for non-residential or non-agricultural purposes shall require a special permit. LGSPI shall not be used for displaying any advertising except for identification of the manufacturer or operator of the LGSPI in conformance with section 11.1.3.8.1. ft of gross floor area 1, Each three persons reasonably expected to be using, the facility during a period of full utilization 1, Four seats of rated capacity 1. 3. It is intended that the site plan for each use be prepared with due consideration for: (a) Protection of adjacent areas against detrimental or offensive uses on the site by provisions of adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, and the allowance of sun, light, and air; (d) Protection of environmental features on the site and in adjacent area; (f) Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, water courses, buildings and other features that support the neighborhood. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04; 2. The Flood Plain District includes all special flood hazard areas within the Town of Manchester-by-the-Sea designated as Zone A, AE, AH, AO, or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. 10.3.10 EXHIBIT B: "BEST MANAGEMENT PRACTICES" FOR THE CONSTRUCTION INDUSTRY. Where a permit or variance may be granted with conditions, such conditions shall be imposed and made part of the record. 20-23. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. Including: i) Location of all roads, driveways and parking areas, public and private, on the subject property and on all adjacent properties within thirteen hundred (1300) feet including driveways proposed to serve the WECF; ii) All proposed changes to the existing property, including grading, vegetation removal or replacement and temporary or permanent roads and driveways; iii) Representations, dimensioned and to scale, of the proposed WECF, including power cable locations, parking areas and any other construction or development attendant to the WECF. The department performs research, statistical analysis, and information management in connection with the Comprehensive Plan of Development and other special studies related to the Town's development. These proposed changes will allow laboratory and scientific uses within additional areas in the LCD by Special Permit. 10.3.9 EXHIBIT A: GENERIC SUBSTANCES LIST. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Special Permit Granting Authority eithergranting or denying the Special Permit renewal request. 3. Adopt and implement regulations to protect Manchester's groundwater supply; inventory and register existing regulated facilities in Aquifer Protection Areas; hear and decide on applications for new regulated activities. Why: About three quarters of the properties in town do not fully comply with current zoning and are considered non-conforming. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. WECFs under these Sections 11.2 and 4.4 shall be allowed only in the LCD, and then only upon issuance of a special permit by the Planning Board in accordance with the requirements of the Zoning By-law, including those requirements set forth in Sections 5.7, 5.10, and 7.5, irrespective of whether the use is a principal or accessory use. Accessory structures shall be set back from any street on which the lot has frontage at least the applicable minimum front setback for such lot plus ten (10) feet. [Added 1988], from the traveled portion or from the curb of any street or way open to public use in the Town of Manchester-by-the-Sea for the purpose of passing to or from abutting property nor cut any curbing for any purpose without applying for and receiving a permit from the Planning Board, under such conditions and restrictions as the Board shall determine to be necessary to protect public safety, to prevent erosion and sedimentation, to assure proper drainage and for related purposes. provision of affordable units, shall apply to provision of off-site affordable units. and with the additional requirements containedin this Section (6.19.6), below. This is just a reminder that ALL building projects require either a building permit or a zoning certificate in order to avoid penalties. Restoration of a nonconforming structure which has been damaged by fire, flood or other casualty or by vandalism may be made without conformance to the provisions of this By-Law or amendment hereto, provided that such restoration shall have commenced within six months of the date the damage was sustained and that such restoration continue through to completion as continuously and expeditiously as is reasonable, and provided that the structure as restored shall not exceed 100% of the floor area of the structure immediately prior to the damage unless the Board of Appeals grants a special permit therefor in accordance with Section 7.5 (Special Permits) after finding that such restoration is not substantially more detrimental or injurious to the neighborhood than the structure immediately prior to such damage. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. Special Permit review is comprehensive and provides for considerable oversight and conditions once a project is proposed. The Stormwater Management Plan shall contain sufficient information for the Planning Board to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. (o) The removal of soil, loam, sand, gravel or any other mineral substances within four (4) feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), unless the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four (4) feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works. In addition to the other powers and responsibility granted by other applicable provisions of the General Laws or by this By-Law, the Board of Appeals shall hear and decide appeals in accordance with Section 7.4.5 of this By-Law, petitions for variances in accordance with Section 10 of The Zoning Act and Section 7.4.6 of this By-Law, and applications for special permits with respect to matters as to which it is designated in this By-Law as the special permit granting authority. Where not expressly definedin the Zoning By-law, terms used in this bylaw shall be interpreted as defined in G.L. Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration,11. b) Lighting of equipment structures and any other facilities on site (except lighting required by said authority) shall be shielded from abutting properties. Siting of affordable units All affordable units constructed or rehabilitated under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. All lots meet the applicable dimensional requirements of Section 9.2.5 of the RCC Development Bylaw and all other relevant provisions of the Zoning Bylaw. For the purpose of encouraging the preservation of open space and promoting the more efficient use of land in harmony with its natural features and the economical and efficient street, utility, and public facility layout, installation, construction and maintenance, efficient allocation, distribution, and maintenance of common open space and overall compatibility with the character of surrounding areas in Single Residence District A,C or E. The Planning Board may, subject to this Section 6.7, and after notice and hearing in accordance with the law, grant a Special Permit authorizing exceptions from a lot area and lot frontage requirements specified in Section 5.4. in Single Residence A, C, or E Districts. The number of dwelling units permitted in a Residential Conservation Cluster shall not exceed that which would be permitted under a conventional subdivision that complies with the Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board and any other applicable laws and regulations. Except for shed dormers, individual dormers are not considered to be an increase in volume. Any structure or use lawfully existing at the time of the adoption of this By-Law or any amendment hereto and any use or structure lawfully begun in respect of which a building or special permit has been issued before the first publication of notice of public hearing on this By-Law or any amendment hereto may be continued or completed although such structure or use does not conform to the provisions hereof, provided that, in the case of the issuance of a building or special permit, construction or operation hereunder shall conform to the provisions of this By-Law or any amendment hereto unless the construction or use has commenced within a period of six months after the issuance of the permit and that in cases involving construction such construction is continued through to completion as continuously and expeditiously as is reasonable. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. 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