(k) Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. 6.1.2 Changes, Extensions and Alterations: A nonconforming structure or use may be changed, extended or altered, provided that in each case the Board of Appeals grants a special permit therefor after finding that such change, extension or alteration is not substantially more detrimental or injurious to the neighborhood than the existing nonconforming structure or use. ft. of gross sales or service floor area 1, 100 sq. 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. Physically Remove shall include, but not be limited to: 11.2.8.3 As a condition of the issuance of a special permit the Planning Board shall require the applicant to provide a form of surety (i.e., a bond, escrow account or other form of security satisfactory to the Planning Board) to the Town prior to commencing construction of the WECF, to cover costs of the removal in the event the permit holder does not remove the WECF as required. If a fence is erected in a drainage and utility easement, be aware that if that easement needs to be accessed, the fences will be taken down. The Planning Board shall administer, implement and enforce this By-Law pursuant to G.L. Development: The modification of land to accommodate a new use or expansion of use, usually involving construction. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. The Special Permit Granting Authority (SPGA) under section 6.9 of this By-law shall be the Planning Board. 6.4.2 A real estate sign not over 6 square feet in area advertising for sale or rent the property on which it is placed is permitted in any district. 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. All means of disconnecting the WECF shall be clearly indicated on the materials provided, and marked on each wind turbine. Critical areas are Outstanding Resource Waters (ORWs), swimming beaches, cold water fisheries and recharge areas for public water supplies. Manchester, CT 06045 The whole area of a single parcel of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings. B. In cases where the Planning Board determines that the site is not suitable for an RCC Development, and where the proposed subdivision of land is for six (6) or more lots, the Planning Boards special permit powers shall be limited to enforcing the provisions of Section 9.2 of the Zoning Bylaw. (e) To insure that all accessory dwelling units that are created will comply with the building codes and health, safety and fire regulations. [See Maps]. 4. Hours of Operation. 4. 17. Encourage the permanent preservation of open space, agricultural and forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources. [Added 1987; Amended 1989]. Prepare and adopt the plan of conservation and development; review and make recommendations on proposed municipal improvements; establish regulations for subdivision of land; hear and decide on applications for the subdivision of land. 4. The site plan shall also show the relation of locus map at a scale not greater than 1"=2,000'. United States. No LGSPI shall be constructed until evidence has been given to the SPAA that the utility company that operates the electrical grid where the installation is to be located has been informed of the LGSPI owners or operators intent to install an interconnected customer-owned generator. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. Storage sheds in excess of 150 square feet also require a building permit. Mean pre-construction grade is defined as a reference plane representing the average elevation of pre-construction ground adjoining the building at all exterior walls. Some parts of the Manchester Zoning Regulations may be varied by the Zoning Board of Appeals, if a hardship can be shown to the Board at a public hearing. 9.4.8 Provision of Affordable Housing Units Off-Site, As an alternative to the requirements of Section 9.4.5.1(a), an applicant subject to the, Bylaw may develop, construct or otherwise provide affordable units equivalent to those, required by Section 9.4.5 off-site. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability to qualified purchasers in the future. b) Lighting of equipment structures and any other facilities on site (except lighting required by said authority) shall be shielded from abutting properties. The Town of Manchester-by-the-Sea finds that: (a) The groundwater underlying the Town is a major source of its existing and future water supply, including drinking water. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations [Adopted 2013]. City of Manchester Code of Ordinance, Chapter 165 Zoning Ordinance is hereby added to the Manchester City Code of Ordinances as follows: MANCHESTER ZONING ORDINANCE, CHAPTER 165 TABLE OF CONTENTS Any rights authorized by a variance which are not exercised within one year from the date of grant of such variance shall lapse and may be reestablished only after notice and a new hearing pursuant to this Section. (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. When the. To take advantage of the bulk trash pickup service you must call Hughes Trash Removal between the first of the month and the day before pickup. difference between the median sale price for new single-family homes built in Manchester-by-the-Sea during the preceding three fiscal years, as determined and reported by the Board of Assessors, and the purchase price of a home that is affordable to a qualified purchaser. Advertising and other signs shall be permitted only as expressly provided in Sections 4.1.7, 4.1.8 and this Section 6.4. If the Building Inspector is requested in writing to enforce these By-Laws against any person allegedly in violation of same, and the Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within fourteen (14) days of receipt of such request. 4.1.4 Educational use, not conducted for profit. be prohibited without receipt of a special permit from the SPGA. 9.4.6 Provisions Applicable to Affordable Housing Units On- and Off-Site. 1. 3. Prior to the submission of an application for a special permit under this By-Law, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed WECF in general terms and to clarify the filing requirements. E . 10.3.4.1 Determination of Location within Ground and Surface Water. Not more than twenty-five percent (25%) of the area shall be used for parking. Large-Scale Ground-Mounted Solar Photovoltaic Installation (LGSPI): A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC. (1) The term "Personal Wireless Telecommunication Service" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; (2) The term "Personal Wireless Telecommunication Service Facilities" means facilities for the provision of personal wireless telecommunication services. Any storage container of 55 gallons, or 440 pounds, or more, containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, ground waters, or surface waters, of any pollutant which may emanate from said storage container or containers. [added 2006]. Any proposed senior facility will require a special permit. As such, no formal findings are required for the pre-application conference. The amount shall include a mechanism for calculating increased removal costs due to inflation. c.40A, s.9. Please have your trash out the night before. Maintenance of Open Space: In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. A half story is defined as a story with a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it. (Amended 2001), Notwithstanding the foregoing provisions of this Section 5.0, no accessory structure shall be erected or altered so that it exceeds one and one-half (1 1/2) story as defined in Section 5.5 aboveor twenty-five (25) feet, whichever is lesser. subdivision of land into six (6) or more lots shall submit a Sketch Plan for an RCC Development along with a Preliminary (Conventional) Subdivision Plan for review by the Planning Board. Please look for an update on this in the near future. The applicant shall be advised of the selection of an outside consultant, and of the sum to be deposited with the Town in a special account for the reasonable fees for the employment of the same. 14. 10.3.7.6 Exemption for Construction Activities: The activities of, constructing, repairing or maintaining any facility or improvement on, lands within Zones I, II, III, or A, B, or C, shall be exempt from the. streams, marshes, historic sites, unique geological and botanical areas or features, trails, paths and open-space links, specimen trees, wildlife habitat and contiguous forested areas, and preserve natural vegetative buffer zones abutting neighboring parcels. 10.3.8 Severability: The provisions of this By-Law are severable from each other and the invalidity of any provisions or section shall not invalidate any other provision or section thereof. The applicant shall prepare and submit semi-annual reports to the Planning Board for the first two (2) years after issuance of the Certificate of Completion, and annual reports thereafter demonstrating compliance with the terms and conditions of the special permit received from the Planning Board. Any additions made shall not increase the floor area or volume by more than 10% and shall meet all applicable setback requirements. Click here for development applications, regulations and maps, Click here to search past Meeting Packets, Town of Manchester 4.3.6 Public parking or garaging of automobiles not incidental to another permitted use if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits). The existing and proposed vegetation and ground surfaces with runoff coefficient for each. 3. A. The Zoning Board of Appeals shall take final action on the special permit application within thirty (30) days following the close of the above-noted public hearing. Septage Regulations. 3. locations of such parcels are suitable for the designated uses. Authority, Adoption & Applicability, 2. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- Establishment of Districts, 4-Use Regulations Regulations to be moved to General Bylaws Deletions and Renumbering Update and move Administration and Procedures Regulations (c) No stabling, hitching, standing, feeding or grazing of livestock or other domestic animals shall be located, constructed, or maintained within 100 feet of the bank of a surface water source or tributary thereto. The pick up begins very early. Each free-standing WECF and Met Tower shall be set back from property lines, any structures permitting human occupancy, and roadways, excepting the access roadway, by at least one and one-half times the height of the WECF, and from any residential property lines, including those in abutting towns, by at least thirteen hundred (1300) feet. The cost for such a technical expert or consultant will be at the expense of the applicant. If special circumstances arise please contact the Manchester Police Department 410-239-6900 or the Town of Manchester Office with your request. Large-Scale Ground-Mounted Solar Photovoltaic Installations, as defined herein, shall be allowed by right in the Limited Commercial Zoning District as that district is defined by the Zoning By-Law. 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. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. Included with this proposed ordinance is a new zoning map that establishes 12 new basic zoning districts. View representations shall have the following characteristics: a) View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the WECF (e.g. 6.2. The SPAA may vary or waive this requirement consistent with minimizing negative effects on abutting property. THE CURRENT LANGUAGE REGULATING NONCONFORMING USES IS CURRENTLY 6.1, AND IS SHOWN BELOW. (p) Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Ground and Surface Water Resource Overlay Protection Districts. A. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows. laws and By-Laws within Manchester-by-the-Sea. Section 7.9 applies to each application or request [Application] filed with or otherwise submitted to the Planning Board for determination, approval, consent, grant, permit, special permit or other decision by the Planning Board [Permit]. 9.4.4 Mandatory Provision of Affordable Units. Manchester Town Hall. 9.1.2.3 The Applicant for the special permit shall submit plans showing at a minimum the following items: (a) Lot size and location of parking. In 1978, after 35 years of additions and revisions, the Bylaw was reorganized and updated to provide a more cohesive framework for the regulations. 2. It is bounded by the groundwater divides, which result from pumping the well, and by the contact of the aquifer with less permeable materials such as till or bedrock. After transmission begins, the owner(s) of any Personal Wireless Telecommunication Service Facilities located on any site shall pay for an independent consultant, hired by the Town, to test and monitor the radio frequency emissions from the site, using established protocols. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. Zoning Regulations The Zoning Regulations comprise Chapter 405 of the Citys Municipal Code. The Planning Board will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The Planning Boards findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses. Skip to Main Content. The invalidity of one or more sections, subsections, sentences, clauses, or provisions of this Bylaw shall not invalidate or impair the Bylaw as a whole or any part thereof. Increase the floor area 1, 100 sq area shall be clearly indicated on materials! Additions made shall not increase the floor area or volume by more twenty-five... The applicant owner of the construction of Affordable Units contiguous land owned by the owner of the area shall the... Such a technical expert or consultant will be at the expense of the Citys Municipal Code are... A mechanism for calculating increased removal costs due to inflation near future on each wind turbine mechanism for increased! 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