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Raynham, Massachusetts.  Incorporated 1731

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Raynham Town Seal
 
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ARTICLE ONE:  AUTHORITY AND PURPOSE

1.1     TITLE

This By-Law shall be known and may be cited as the “Zoning By-Law, Town of Raynham, Massachusetts.”

1.2     AUTHORITY      

This by-law is authorized and may be changed from time to time in the manner provided in the Zoning Act, Massachusetts General Laws, (MGL CH. 40A).

1.3     PURPOSE
    
The districts and regulations pertaining thereto as herein set forth are made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and general welfare of the community.  They are designed to lessen congestion in streets, to secure safety from fire, panic, and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population and to facilitate adequate provisions of transportation, water, sewerage, schools parks and other public requirements.  They are made with reasonable consideration among other things as to the character of each district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town.
1.4     VALIDITY

The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof.

ARTICLE TWO:  ADMINISTRATION

2.1     ENFORCEMENT      
This By-Law shall be enforced by the Inspector of Buildings (amended A.T.M. 5/16/94).  No building shall be built or altered or a building begun or changed without a permit having been issued by the Inspector of Buildings.

No building other than a dwelling shall be occupied until a certificate of occupancy has been issued by the Inspector of Buildings.  Any person violating any of the provisions of this By-Law may be fined $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter.  Each day that a violation exists shall be deemed to be a separate offense.  

Alternatively, any person violating any of the provisions of this By-law may be penalized by means of non-criminal disposition as provided in General Laws, Chapter 40, Section 21D.  Penalties shall be $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter.  Each day that a violation exists shall be deemed to be a separate offense.  Nothing in this By-law shall prohibit the zoning enforcement officer, in his or her discretion, from seeking injunctive relief as a remedy in accordance with applicable law.   (by-law amended at A.T.M. 05/15/06)

The construction of a building or operation of a land use under a building permit or a special permit shall conform to any subsequent amendment to this By-Law adopted after the issuances of the permit or special permit unless construction or operation commences within a six month period beginning with the issuance of the building or special permit.
2.2             BOARD OF APPEALS       

The Selectmen shall appoint a Board of Appeals consisting of three members serving staggered terms, such that one member’s term shall expire each year.  Members of the Board of Appeals currently in office shall continue to serve out their terms.  The Board of Appeals shall exercise the powers of the permit granting authority and of the special permit granting authority, except for matters for which a different special permit granting authority may be designated by this By-Law, and shall have the powers and duties specified in MGL Chapter 40A.

The Board of Appeals shall adopt and file with the Town Clerk rules of procedure, as required by said Chapter 40A, and shall follow the procedural requirements of said Chapter 40A, including, but not limited to the receipt of applications,  hearing notices, public hearings, referral to other agencies and filing of decisions.  The Board of Appeals shall establish and may from time to time amend by vote a schedule of fees, which shall be incorporated into its rules of procedure.  The Selectmen may designate five* members of the Board of Appeals for staggered five-year* terms, and such associate members may be designated by the chairman of the Board of Appeals to serve in place of a regular member who is unable to participate due to illness, or other causes.        (* amended 11/18/85 S.T.M.)

  • POWERS OF THE BOARD OF APPEALS  
The Board of Appeals shall have the following powers:

(1).  To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from the Inspector of

Buildings or other administrative officers under the provisions of Chapter 40A General Laws, by the regional planning agency or any person, including an officer or official board of the Town of Raynham, or an abutting city or town aggrieved by an order or decision of the inspector of buildings or other administrative official in violation of Chapter 40A General Laws or of this By-Law.

(2).  To hear and decide applications for special permits upon which the board is empowered to act under Article Seven of this By-Law.

(3).  To hear and decide petitions for variances, and to authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this zoning By-Law where the board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law.  The Board shall not have the power to grant a use variance (amended Special Town Meeting 2/12/90).
2.4             PUBLIC HEARING      

The Board of Appeals shall exercise the powers authorized by the preceding section only after public hearings held in conformity with the provisions of Chapter 40A including due notice to parties in interest, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as shown on the most recent applicable tax list (including any such owner of property in another city or town), the Planning Board of the Town of Raynham, and the Planning Boards of the City of Taunton and the Towns of Lakeville, Middleborough, Bridgewater, West Bridgewater and Easton.

The procedure for the issuance of special permits, including applications notices, public hearing, referral to the Planning Board and other town bodies, filing of decisions and other procedural requirements shall be as provided in Chapter 40A of General Laws and in the rules to be adopted by the special permit granting authority and filed with the Town Clerk in accordance with said Chapter 40A.

ARTICLE THREE:  ESTABLISHMENT OF DISTRICTS

3.1     TYPES OF DISTRICTS: For the purposes of this By-Law, the Town of Raynham is hereby divided into the following types of use districts:

RESIDENTIAL A DISTRICT
RESIDENTIAL B DISTRICT
RESIDENTIAL C DISTRICT (March 26, 1984)
RESIDENTIAL D DISTRICT (May 20, 1996)
BUSINESS DISTRICT
INDUSTRIAL DISTRICT
LIGHT INDUSTRIAL DISTRICT (ATM May 29, 2003)
FARM AND FOREST DISTRICT
FARM AND FOREST DISTRICT II (added at A.T.M. of 5/15/00)
WETLAND DISTRICT
FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT
DESIGNATED DEVELOPMENT DISTRICT
WATER RESOURCE PROTECTION OVERLAY DISTRICT May 19, 2008 *
                  (* Amended ATM May 19, 2008)
                REGISTERED MARIJUANA DISPENSARY OVERLAY DISTRICT (May 19, 2014)
        
3.2     ZONING MAP       

The boundaries of the various zoning districts are delineated on a Geographic Information System Map entitled “Town of Raynham Zoning Map,” at a scale of 1 inch = 1000 feet, dated February 16, 2006, on file at the office of the Town Clerk.  Said map and all explanatory matter thereon are hereby made a part of this By-Law.  From time to time changes to district boundaries shall be shown as amendments to this map or shown on such other maps as may be incorporated as part of this zoning By-Law.
Note:  The boundaries of the various zoning districts shown on this map are identical to the boundaries of the presently existing zoning districts.  (Highlighted portion added at A.T.M. 05/15/06.)
3.3             THE FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT       
 
The Flood Hazard Protective Overlay District within the Town of Raynham is delineated on the Bristol County Flood Insurance Rate Map (FIRM), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program, dated July 7, 2009, as Zone A and AE to indicate the 100-year flood plain.  The map panels of the Bristol County FIRM that are wholly or partially within the Town of Raynham are panel numbers 25005C0152F,25005C0154F, 25005C0156F, 25005C0158F, 25005C0159F, 25005C0162F, 25005C0164F, 25005C0166F, 25005C0167F, 25005C0168F, 25005C0169F, 25005C0186F and 25005C0188F, dated July 7, 2009.  The precise boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Profiles contained in the Bristol County Flood Insurance Study (FIS), report dated July 7, 2009.  The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission.

The floodway boundaries within the Town of Raynham are delineated on the Bristol County Flood Insurance Rate Map (FIRM), on panel numbers 25005C0154F, 25005C0158F, 25005C0164F, 25005C0166F, 25005C0167F, 25005C0168F, 25005C0169F, 25005C0186F and 25005C0188F, dated July 7, 2009, and further defined by the Floodway Data Tables contained in the Bristol County Flood Insurance Study.  Said map and tables are hereby incorporated as part of this By-Law.  (Section 3.3 amended ATM 05/18/09)

ARTICLE FOUR:  PERMITTED USES

4.1       PERMITTED USES:  RESIDENTIAL DISTRICTS
       
4.1.1  RESIDENTIAL A DISTRICT         
                        
  • Detached one-family dwellings and a residential garage, tool house, swimming pool, tennis
court, basketball court or similar amenity. (amended S.T.M. 2/12/90)
       
  • Religious, education or municipal use.
  • Hospital, sanitarium
d. Farm or Nursery, including the display and sale of natural products raised in the town and the raising of stock products insofar as a majority of such products for sale have been produced by the owner of the land on which the facility is located; and the raising of livestock not to exceed one livestock per 15,000 square feet; and the raising of fowl not to exceed one fowl per 2500 square feet. (amended S.T.M. 2/12/90)  Excluded from the definition of fowl are roosters, peacocks, and/or guinea hens. (added at S.T.M. 10/29/13)

4.1.2  RESIDENTIAL B DISTRICT
 A.    Any use permitted in Residential District “A.”
        
B.      Multi-family dwellings.  (amended S.T.M. 2/12/90)

C.      Cluster multi-family development. (added A.T.M.5/21/90)

1.  Cluster multi-family developments shall only be permitted in “Residential B” district (and in no other district, including “General Use” district) upon issuance of “Site Plan Approval” from the Raynham Planning Board.

2.  Purposes:

The purposes of open space multi-family development are to:

a.  Allow for greater flexibility and creativity in the design of multi-family subdivisions, provided that the overall density of the development is no greater than what is normally allowed in a Residential B district.

b.  Encourage the permanent preservation of open space, agricultural lands, and other natural resources.  

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

d.  Encourage a less sprawling form of development that consumes less open land, and offers more protection for wetland and conservation areas.

3.  Additional General Requirements:

The following standards shall be used as additional requirements in the site plan approval process for all cluster developments.

a.  The development shall include multi-family dwellings only.

b.  There shall be adequate, safe, and convenient arrangement, to be determined by the Raynham Planning Board, of pedestrian circulation, recreational facilities, roadways and parking.

c.  The site plan shall identify the location and extent of all wetlands on the site.
d.  All site plans shall be in compliance with all of Raynham Zoning By-Laws for Residential B districts, except that portion of Section 6.8.1 of the Raynham Zoning By-Laws which reads “Each building shall occupy one lot”; and no site plan shall be approved if the Raynham Planning Board receives written opposition from the Raynham Board of Health based upon Raynham Board of Health Rules and Regulations.

4.  Additional Utility Requirements:
The applicant shall submit a public sewer connection or septic system design prepared by a certified engineer and the location of public water lines or private well locations.

5.  Dimensional and Density Requirements:

a.  The maximum number of dwelling units permitted in a cluster development shall not be greater than the number of dwelling units that would be allowed in a Residential B subdivision.

b.  Under the supervision of the Board of Health, percolation tests shall be conducted for all septic system locations.

c.  The minimum street, rear and side yard setbacks shall be the same as required in a Residential B district.  (See Section 5.1 of the Raynham Zoning By-Laws.)

d.  There shall be no more than sixteen (16) bedrooms per building, and in any event, no more than twelve (12) units allowed in any one building.

e.  No multi-family building will be located within sixty (60) feet of any one building.

6.  Common Open Space Requirements:
All land not devoted to dwellings, accessory uses, roads, parking or other developments shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.  The said common land will be maintained by the owner.

7.  Procedures for Site Plan Approval:
All preliminary Site Plans shall conform to all the Rules and Regulations of the Raynham Planning Board as if it were a Form B Preliminary Subdivision Plan.  All definitive Site Plans shall conform to all the Rules and Regulations of the Raynham Planning Board as if it were a Form C Definitive Subdivision Plan.

4.1.3  RESIDENTIAL C DISTRICT       

  a.  Any use permitted in a Residential A District.   (deleted A.T.M. 5/18/92)

 b.  Mobile home park with accessory buildings permitted thereto.

4.1.4  RESIDENTIAL D DISTRICT   (Section 4.1.4, a. and b.  added A.T.M.   5/20/96)

 a.   Any use permitted in Residential A District.

b.  The following uses, to take place inside a building only, may be
authorized by Special Permit granted by the Board of Appeals, acting as the Special Permit Granting Authority, provided that the use does not cover more than 2,000 square feet in floor area:  Antique shops, craft and/or gift shops, arts and crafts studios, barber and/or beauty shops, bed and breakfast inns, offices of doctors, dentists, architects, accountants, bookkeeping services, attorneys, real estate agents, consulting firms, employment agents, advertising agents, insurance agents, travel agents, mortgage originators, and coin and stamp collectors.  All other uses are prohibited.  The Board of Appeals shall be governed by Sections 7.2 and 7.3 of the Zoning By-laws of the Town of Raynham in considering a Special Permit Application.

4.2     PERMITTED USES: BUSINESS DISTRICT

A.  Any use permitted in a Residential A District, except a residential
         subdivision.

B.  Office, bank, newspaper or job printing establishment.
                        
Hotel, motel or restaurant.

Any wholesale or retail business, research laboratory, service business
or public utility, not involving manufacture on the premises except of products, the majority of which is sold on the premises by the producer to  the consumer excluding, however from the definition of any wholesale or retail business, the business of buying or selling of second-hand motor vehicles, commonly known as a used car-lot and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive: dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire. (underlined portion added at Annual Town Meeting, 5/20/91) ** Also excluded from the definition herein of any wholesale or retail business, or service business, are “Adult Book Store,” “Adult Motion Picture Theater,” “Adult Paraphernalia Store,” “Adult Club” and “Adult Video Store,” as those terms are defined in Article 10 Definitions. **  

(** to ** This section amended at S.T.M. of 11/22/99.)
  
Adult Retirement Community by Special Permit in accordance with  
Article 18.  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

4.3     PERMITTED USES:   INDUSTRIAL DISTRICT

a. Any use permitted in a Residential A District, except detached one-family dwellings, or apartment buildings.

b. Any business permitted in a Business District.

c. Any manufacturing or industrial use including processing, fabrication and assembly and provided that no such use shall be permitted which would be unreasonably detrimental or unreasonably offensive or tend to reduce property values in the same or adjoining districts by reason of excessive:  dirt, odor, fumes, smoke, gas, sewage, refuse, noise, vibration, danger of explosion or fire. (amended S.T.M. 2/12/90)  

d. A sewage disposal and filtration plant where the same is to be used in connection with a use in the Industrial District, provided that the site has   been approved by the appropriate State and Federal agencies.
          (amended S.T.M. 2/12/90.)

e.  Adult Retirement Community by Special Permit in accordance with Article 18.  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

4.4     PERMITTED USES:  FARM AND FOREST DISTRICT  

a.  The growing of agricultural and/or horticultural crops as defined in MGL
Chapter 61 A Section 1, 2, 3, agricultural and horticultural land assessment
which define agricultural, horticultural, and what constitutes farm area.

b.  Any Federal, State of Massachusetts, or Town of Raynham use.

  • Detached one-family dwelling with accessory building customarily
         incidental to and so used, and to the growing of timber or farm use.
Detached single-family dwellings, provided the lot meets the minimum requirements of Section 5.3 as to lot area five (5) and has at least two hundred feet (200’) of frontage.

  • Religious or educational uses on land owned or leased by a religious sect,
denomination, non-profit educational corporation, the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic, insofar as such religious or educational uses are exempted from local zoning restrictions by Section 3 of Chapter 40A of General Laws, as amended by Chapter 808 of 1975.  Such religious and educational uses shall, however, be subject to lot size and other intensity regulations applicable to Farm and Forest Districts and shall be required to provide paved off street parking areas or garages sufficient to meet the needs of such religious or educational institution without the use of nearby streets for parking.
4.5     PERMITTED USES:  FARM AND FOREST DISTRICT II  (added at A.T.M. of 5/15/00)

a.  The growing of agricultural and/or horticultural crops as defined in MGL Chapter 61A Section 1, 2, 3, agricultural and horticultural land assessment which define agricultural, horticultural, and what constitutes farm area.

b.  Any Federal, State of Massachusetts or Town of Raynham use.

c.  Solid waste facility

d.      Detached one-family dwelling with accessory building customarily
incidental to and so used, and to the growing of timber or farm use.

1.      Detached single-family dwellings, provided the lot meets the minimum requirements of Section 5.3 as to lot area five (5) acre and has at least two hundred feet (200’) of frontage.

e.  Religious or educational uses on land owned or leased by a religious sect,
denomination, non-profit educational corporation, the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic, insofar as such religious or educational uses are exempted from local zoning restrictions by Section 3 of Chapter 40A of General Laws, as amended by Chapter 808 of 1975.  Such religious and educational uses shall, however, be subject to lot size and other intensity regulations applicable to Farm and Forest Districts and shall be required to provide paved off street parking areas or garages sufficient to meet the needs of such religious or educational institution without the use of nearby streets for parking.

4.6   WETLAND DISTRICT  (See Article Nine)

4.7    FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT  (See Article Eight)

4.8   LIGHT INDUSTRIAL  (added ATM 5/29/03)

  • Any use permitted in a Residential A District, except a residential
subdivision. (amended ATM 5/17/2010)

  • Research and development, engineering, manufacturing and assembly, service business, high technology, biotechnology, warehouse and/or distribution center, communications and utilities facilities and similar uses, except that any such use that would be injurious, obnoxious, offensive, or hazardous to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited. (amended ATM 5/17/2010)
  • Office, or related business; however, all retail and any restaurant uses are prohibited.
  • Daycare, adult daycare, and assisted living
  • PERMITTED USES:  OFFICE DEVELOPMENT DISTRICT  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)
  • An Office Development District shall encourage a wide range of manufacturing, research, office and other uses, which can be built and operated with a minimum of noise, smoke, odor, traffic and other nuisances, and which do not create adverse impacts upon adjacent uses.  Any use permitted in the Business District, Industrial District, Residential A, B, C, D District, and Farm & Forest District is not allowed in the Office Development District unless enumerated in Section 4.9 specifically.
  • Office or office park
  • Research and development or engineering business
  • Light industry
  • Hotel
  • Municipal use
  • Agricultural uses including nurseries
4.10    DESIGNATED DEVELOPMENT DISTRICT
         
(a).  Office, banking or wholesale or related business; except that any such use that would be injurious, obnoxious, hazardous or offensive to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited (revised May 18, 1987); or
(b).  Research and development, engineering, light manufacturing, warehouse or distribution center, communications and utilities facilities,  except that any such use that would be injurious, obnoxious, offensive, or hazardous to the surrounding area by reason of actual or probable emission of noise, odors, gases, liquids, dust, chemicals, fumes or smoke shall be prohibited (amended STM 11/19/2007); or    

(c).  Hotel, conference facility, parking facility or restaurant except that so-called “fast food” restaurants shall be prohibited.  A “fast food” restaurant shall mean a restaurant whose principal business is the sale of foods or beverages in a ready-to-consume state within the building or off premises and whose principal method of operation includes sale of foods and beverages in paper, plastic or other disposable containers, or where consumption of foods and beverages on the premises outside the restaurant building or with parked motor vehicles on the premises is allowed and encouraged or where foods and beverages are served directly to the customer in a motor vehicle; or

(d).  Educational, hospital or medical or health related, athletic/physical fitness or agricultural.

(e)  Specialty Retail is only allowed incidental to any permitted uses in Section 4.10.  The maximum space available for specialty retail shall not exceed the lesser of twenty percent (20) or 1,000 square feet of the total aggregate space of the principal use, a portion of which is specialty retail.  (added STM 11/19/2007)

  • WATER RESOURCE PROTECTION OVERLAY DISTRICT     
(See Article Eleven, added A.T.M. 5/21/90)
ARTICLE FIVE:  INTENSITY OF USE REGULATION

5.1     MINIMUM REQUIREMENTS

A dwelling, building, or structure, hereafter erected in any district shall be located on a lot having not less than the minimum requirements set forth below, and no more than one dwelling shall be built upon any such lot.  Public utility structure(s) shall be exempt from the minimum dimensional requirements set forth below. (Highlighted portion added at A.T.M., May 18, 1998.)  No existing lot shall be changed as to size or shape so as to result in the violation of the requirements set forth below. (By-law amended at A.T.M. 05/15/06).         

 MINIMUM LOT DIMENSIONS                 MINIMUM YARD DIMENSIONS

        
area in
sq. ft.
 (a)
frontage
in feet
  (a)
depth
in feet
  (a)
front
in feet
 (b)
side
in feet
 (c)
rear
in feet
 (d)
Residential “A” *
40,000
150
200
45
20
20
Residential “B”
30,000
150
200
45
20
20
Residential “D” **
40,000
150
200
45
20
20
Business
30,000
150
200
45
20
20
Industrial
30,000
150
200
45
20
20
Light Industrial ***
40,000
150
200
45
20
20
Multi-Family
43,560  plus 4,000 per unit
200
200
100
30
50
Farm & Forest
5 Acres
200
200
45
30
30

*               (Amended A.T.M. 5/15/95)
**              (Residential D district requirements added ATM 5/20/96)
***     (Light Industrial district requirements added ATM 5/29/03; amended ATM 5/17/2010)

(a).  A lot or parcel of land having an area or a frontage of lesser amounts than required by this table may be considered as coming within the area and frontage requirements of this section, provided such lot or parcel of land was shown on a plan or described in a deed duly recorded or registered at the time of the adoption of this By-Law and did not at the time of such adoption adjoin other land of the same owner available for use in connection with such lot or parcel.

(b).  To be measured from the right-of-way line where a plan of the way is on file with the Registry of Deeds or in the absence of such a plan from a line 20 feet from the parallel with the center line of the traveled way.

(c).  Side yard dimension will be 50 feet when adjacent to Residence District.

(d).  Rear yard dimension will be 50 feet when adjacent to Residence District.

(e).  60,000 square feet minimum lot dimension where water is not supplied by North or Center Water Districts and not supplied with municipal sewerage.  Said lot shall have a minimum of 200 feet street frontage. (amended S.T.M. 2/12/90)

(f). The portion of any lot within a wetland area as defined by the Massachusetts Wetland Protection Act may be used to meet area and yard requirement(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the minimum required lot area shall be contiguous dry land. (added A.T.M. 5/15/89).  Said criteria is not applicable to lots located within a Farm & Forest District.  In a Farm & Forest District the minimum lot size shall be 32,000 square feet of contiguous dry land if Town water is supplied to the lot and 48,000 square feet of contiguous dry land if Town water is not supplied to the lot. (added A.T.M. 5/18/92) (highlighted portion amended at A.T.M. 05/15/06)

(g).  Access to any lot in all districts shall be only from the street frontage of said lot.  However, a business, multi-family or condominium development may seek an alternate access to said development via Article 13:  Site Plan Approval  (amended A.T.M. 5/16/94) (Highlighted portion added  5/21/01 A.T.M. adjourned session 5/23/01)

(h).  All lots being subdivided shall be designed geometrically as to show a 125 foot by 125 foot square beginning at the minimum front yard setback line for a structure. (amended A.T.M. 5/16/94) (Highlighted portion added A.T.M. 05/15/06.)

(i).      In the event that the Town of Raynham, the Raynham Center Water District, or the North Raynham Water District acquires an interest in land by eminent domain or otherwise in a portion of a lot, and, as a result of such acquisition, the lot and/or any structure existing thereon does not conform to one or more of the minimum requirements set forth in Section 5.1 of the Zoning By-laws of the Town of Raynham, then the said lot and/or any structure existing thereon shall be deemed to be in conformity with those said minimum requirements set forth in Section 5.1 of the Zoning By-laws of the Town of Raynham. (added ATM 5/29/03)  

5.2             GENERAL PROVISIONS       

No part of any dwelling, other than steps, masonry chimneys and/or fireplaces shall be erected within 20 feet of a side or rear property line or within 45 feet of any property line bordering on any street, provided that, in the case of any lot owned separately from the adjacent land, or shown on a plan lawfully recorded in the Registry of Deeds in Bristol County at the date of adoption of this By-Law, and having a width of less than 100 feet, the set-back prescribed above shall be reduced on each side by 3 inches for each foot by which the width of such lot is less than 100 feet, subject to a maximum reduction of 13 feet.  In the case of any such lot as described above in this section with a depth of less than 115 feet, the set-back prescribed above from the property line bordering any street shall be reduced by 1 foot for each foot by which the depth of such lot is less than 115.  

No existing lot, with dwelling thereon, not meeting the minimum requirements of this By-Law, shall be altered or divided in such a way as to reduce the size of the lot; nor shall any existing lot with dwelling thereon, meeting the minimum requirements of this By-Law be altered or divided in such a way as to leave the dwelling on a lot which does not meet the minimum requirements of this By-Law.  The footprint of buildings and/or structures may not cover more than 25% of the lot area (See Article 10 definition) except by special permit, and in no event cover more than 35% of the lot area.  (amended S.T.M. 2/12/90 and amended A.T.M. 5/18/92)
  • FARM AND FOREST DISTRICT  
Minimum lot area: Five (5) acres.
Minimum Yard:  
Thirty (30) feet from any property line, and on a public way a minimum setback of 100 feet for all barns and accessory buildings, said lot to have a minimum of thirty (30) feet of frontage access for travel and for installation of public utilities such as but not limited to water, sewer, electric and gas.
5.4    CORNER LOTS           
(a).  A corner lot is defined as one which has an interior angle of less than 135 degrees at the intersection of two street lines.  The minimum frontage and front yard requirement of Section 5.1 shall apply to one street.  Access to a corner lot may be from any street frontage.  The minimum frontage requirement shall not extend beyond the midpoint of the corner radius (illustrated below).  An existing lot shall not be considered a corner lot by virtue of the subsequent approval of a subdivision roadway unless the lot is being created as a part of the said proposed subdivision; nor shall an existing lot be considered a corner lot by the subsequent laying out of a public way by the appropriate governmental authorities. (amended S.T.M. 2/12/90)  (Highlighted portion added ATM. 5/29/03.  Highlighted italicized portion added at A.T.M. 05/15/06.  Section B deleted at A.T.M. 05/15/06)



5.5  USES IN RESIDENTIAL C DISTRICT (SPECIAL PROVISIONS)

(a).  Mobile home park must be a minimum of 20 acres, and have a minimum of 500 feet of frontage on a public way.

(b).  Mobile home park must have on-site availability of municipal services, such as sewer, water, fire protection, and adequate drainage.

5.6     SCREENING

Any project that requires Site Plan Approval through Article 13 is required to provide screening where the project abuts an adjacent property that is forty percent occupied for residential purposes.  The screening does not need to run the entire property line that abuts the residential use, but rather the area where the project is located.  The depth and height of the screening can vary based on the proposed land use.  The Planning Board acting through Article 13-Site Plan Approval has the authority to vary the depth and height of the screening that is required.  If, in the opinion of the Planning Board, the area that is required to be screened has sufficient existing vegetation, fences and/or topographic change that does not necessitate new or additional screening then no screening is required.  In some cases, the Planning Board may require some screening to augment the existing conditions in order to provide sufficient buffering.  When existing vegetation, walls and fences or a combination of are utilized for screening, they cannot be removed, unless the Planning Board approves such removal. (Section 5.6 amended at S.T.M. of 11/20/00)

5.7             USES IN RESIDENTIAL  D DISTRICT (Added A.T.M. 5/20/96)         

Any Residential D District use must comply with all Residential A District provisions of the Zoning By-laws of the Town of Raynham unless modified by Special Permit.
ARTICLE SIX:  REGULATIONS

 6.1     GENERAL REGULATIONS

No building or structure shall be constructed and no building, structure, or land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the district in which such building, structure, or land is located or set forth as permissible by special permit in said district so authorized.

6.1.2  A public garage, service station, gasoline-selling station, or motor vehicle   repair shop shall not have in excess of three unregistered motor vehicles or dismantled vehicles stored in the open.  Persons licensed under Chapter 140, Section 58 are excluded from this section. (added S.T.M. 2/12/90)

6.2     NON-CONFORMING USES AND STRUCTURES (amended at A.T.M. of 5/15/00)       

1.  Applicability.  This zoning by-law, or any amendment to this zoning by-law, as the case may be, shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning by-law or any amendment, as the case may be, was adopted.  Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure take place, unless authorized hereunder; but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.

2.  Nonconforming Uses.  The Board of Appeals may grant a special permit to change or substantially extend a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.  The following types of changes or extensions to nonconforming uses may be considered by the Board of Appeals:

a.  Change or substantial extension of the use;

b.  Change from one nonconforming use to another, less detrimental,                                  nonconforming use.

3.  Nonconforming Structures, Other Than Single and Two Family Structures. The Board of Appeals may grant a special permit to reconstruct, extend, alter (as described in Section 6.2 (3)(b), or structurally change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.  The following types of changes to nonconforming structures may be considered by the Board of Appeals:

  • Reconstruction, extension or structural change;
  • Alteration to provide for a substantially different purpose or for the
 same purpose in a substantially different manner or to a substantially
greater extent.

4.  Nonconforming Single and Two Family Structures.  Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure, and upon the issuance of a building permit, where applicable.  The following types of changes shall be deemed not to increase the nonconforming nature of said structure:

  • Reconstruction, extension, alteration or structural change to a structure which complied
with all current setback, building coverage, and building height requirements but is located
on a lot with insufficient area and/or frontage, where the alteration will also comply with all
of said current requirements.

b.  Reconstruction, extension, alteration or structural change to a structure which encroaches upon one or more required setback areas, where the alteration will comply with all current setback(s), building coverage and building height requirements.  The provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements.

c.  Reconstruction, extension, alteration or structural change to the side, front or back of a structure which encroaches upon a required setback, where the alteration will not encroach upon such setback to a distance greater than the existing structure.  The provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements.

d. Reconstruction, extension, alteration or structural change to a nonconforming structure
which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded.

        In the event that the Inspector of Buildings determines that the non-conforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or structural change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.  

5.  Variance Required.  Except as provided in Section 4, the reconstruction, extension or structural change of nonconforming structures, which increases an existing nonconformity, or creates a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required setback, shall require the issuance of a variance from the Board of Appeals.

6.  Abandonment or Non-Use.  A non-conforming use or structure, which has been abandoned or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law.

7.  Catastrophe or Demolition.  Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, or after demolition, provided that such reconstruction is completed within twelve months after such catastrophe or demolition, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Board of Appeals.  Such time for reconstruction may be extended by the Board of Appeals for good cause.

8. Reversion to Nonconformity.  No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.
6.3      ACCESSORY BUILDINGS AND USES (amended A.T.M. 05/19/14)   

No accessory building or structure shall be located within the required front yard area.  

An accessory building or structure shall not have an area greater than 120 square feet without obtaining a building permit.

A storage container, as defined in Article 10, shall require a building permit from the Building Commissioner and shall be required to be placed beyond the rear line of the principal structure and not closer than 10 feet from the side and rear lot lines.  Depending on the location of the storage container and the existing buffer and/or screening on site, additional screening may be required in the form of vegetation or some form of solid barrier in order to properly screen it from the view of abutting properties and/or the public roadway.  The storage of hazardous materials is prohibited in storage containers.  The use of and type of travel, tractor or camping trailer designed to travel on roadways on rubber-tired wheels for storage purposes is strictly prohibited.  

This shall not include storage containers that are utilized for temporary storage of household items during major renovations to the home or prior to or during relocation, sometimes referred to as “POD” containers.

No accessory building or structure larger than two hundred (200) square feet in gross floor area and no more than 10 feet in height above the average grade plane shall be located in any side yard area nearer to the side lot line than ten (10) feet, or nearer to another principal or accessory building than five feet (5).

Accessory uses customarily incidental to a permitted main use are permitted on the same premises as the main use.

6.4     HOME OCCUPATIONS (amended S.T.M. 2/12/90)
       
Permitted as accessory to the permitted residential use on the same premises:

Use of a room in a dwelling for one customary home occupation conducted only by resident occupants such as dressmaking and candy making.

Use of premises or building thereon in connection with his/her trade by a resident occupant carpenter, electrician, painter, plumber, or other artisan, with the exception of a body art establishment provided that no manufacturing or business requiring substantially continuous employment be carried on. (highlighted portion added at 5/21/01 A.T.M. adjourned session on 5/23/01)  

  • OFF-STREET PARKING AND LOADING (complete section amended S.T.M. 2/12/90)
Business and Industrial Districts (amended A.T.M. 5/20/02)

(a).  MINIMUM SETBACK REQUIREMENTS.  No paved area designated for parking on a lot shall be located closer than ten (10) feet from the edge of pavement for (amended ATM 05/2007) any street.  No paved area designed for parking on a lot shall be located closer than seven and a half feet from any building wall.

(b).  MINIMUM SIZE OF PARKING SPACES.  The minimum size of the required parking spaces shall be 18 feet by 9 feet. (amended ATM 05/2007)

(c).  COMBINING REQUIREMENTS.  Required spaces for any number of uses or lots may be provided in a combined lot or lots provided that the number of spaces on the combined facility shall not be less than the sum of those required for the individual uses.

(d).  MINIMUM REQUIRED SPACES.  The minimum required number of off-street parking spaces shall be as follows, provided that:  (i)  if a building lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each use, and (ii)  if any use in a building changes which would increase the parking requirements, such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met.

(1). WHOLESALE BUSINESS — one (1) space for each 500 square feet of gross floor area;
                     
(2). RETAIL BUSINESS — one (1) space for each 200 square feet of gross floor area;
       
(3). RESEARCH AND DEVELOPMENT/ENGINEERING/HIGH
      TECHNOLOGY — one (1) space for each 350 square feet of gross floor area;
                                  
(4). LIGHT MANUFACTURING AND ASSEMBLY — one (1) space for each 400 square feet
               of gross floor area;

(5). WAREHOUSE OR DISTRIBUTION CENTER — one (1) space for each 500 square feet
          of gross floor area;

(6).  CONFERENCE FACILITY — one (1) space for each three (3) seats of
        seating capacity;
(7).  A.        RESTAURANT - one (1) parking space for each three (3) seats
       of seating capacity except if (7) B. is applicable; (amended 05/2007)
                
B. RESTAURANT -  one (1) parking space for every two (2) occupants      based on the actual occupant load listed on the application for         certificate of inspection approved by the Building Department and the Fire Department (amended ATM 05/2007) for restaurants that serve  alcoholic beverages under Chapter 138 of Massachusetts General  Laws, as most recently amended.  (added ATM. 5/20/02).

(8).  HOTEL — one (1) parking space for each hotel living unit; and

(9).  ALL OTHER PERMITTED USES NOT SPECIFICALLY ENUMERATED
       one (1) space for each 250 square feet of gross floor area.

(10). In addition to the parking requirements in (1) – (9) enumerated
above, there shall be allocated one (1) parking space for each
employee.  Where employees work in shifts, the number of such parking spaces shall be based upon the shift with the largest number of employees. (amended A.T.M. 5/20/02)

Where the computation of required parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.

(e).  SPECIAL PERMITS.  The Board of Appeals or the Planning Board acting through Article 13 Site Plan Approval as the case may be may grant a special permit to waive strict adherence to the parking requirements set forth in this Section 6.5 where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Section 6.5.  In reviewing such a request, the Board of Appeals or Planning Board shall consider the following: (highlighted portions added at A.T.M., 5/18/98)

(i).  the issuance of a special permit will not be detrimental to the Town or   surrounding uses and is consistent with the intent of this By-Law; and

(ii).  the special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing         to the reduced parking need or demand.
6.6     SIGNS         

Display of a sign pertaining to a permitted use with a total area of not more than six (6) square feet to be located not less than twenty (20) feet from the boundary line of an established way.  Any lighting of a sign shall be continuous, indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property.  No sign is to be illuminated after 11 P.M.
6.6.1  PURPOSES        
This section is adopted for the regulation and restriction of signs within the Town of Raynham in order to protect and enhance the visual environment of the town and the safety, convenience and welfare of its residents.  A major purpose of this section is to prevent or minimize damage to the environment. (amended S.T.M. 2/12/90)

6.6.2  DEFINITIONS  (added S.T.M. 2/12/90)         

SIGN:  Any device, structure or object in public view intended for visual communication.

ACCESSORY SIGNS:  Any sign that advertises, calls attention to, or indicates the person or legal entity occupying the premises, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter.

NON-ACCESSORY SIGNS:  Any sign not an accessory sign, including billboards.

FREE STANDING SIGN:  Any sign that is not attached to a building.

TEMPORARY SIGN:  A temporary sign is any sign, banner, pennant, or advertising display not supported by a permanent foundation intended to be displayed for a continuous period of not more than 60 days in a 6 month period.
(Amended at S.T.M. 10/26/2011)

6.6.3  ADMINISTRATION

ENFORCEMENT:  The Inspector of Buildings is hereby designated as the Sign Officer and is hereby authorized to enforce this section.  The Sign Officer is authorized to order the repair or removal of any sign and its supporting structure which in his judgment is dangerous or in disrepair or which is erected or maintained contrary to this section. (added S.T.M. 2/12/90)

6.6.4  PERMIT AND FEES

Except as provided in 6.6.8 for certain signs permitted in any district, no sign shall be erected, altered or enlarged until an application has been filed on the appropriate form furnished by the Sign Officer, containing such information as he may require, and until a permit for such erection, alteration or enlargement has been issued by him.  Such permit shall be issued only if the Sign Officer determines that the sign complies or will comply with all applicable provisions of this section and the State Building Code, Article 14.  Such application may be filed by the owner of the land or building or any person who has the authority to erect a sign on the premises.  

The Sign Officer shall act within 30 days of receipt of such application together with the required fee, if any.  The Sign Officer’s action or failure to act may be appealed to the Board of Appeals under the provisions of Chapter 40A.  

Applications for signs which are larger than eighty (80) square feet shall also be referred to the Planning Board, which shall make recommendations to the Sign Officer.  The Board may hold a public hearing, if it deems necessary.  If the Board holds a public hearing, the Sign Officer’s decision may be delayed until 60 days after the application. (amended ATM 5/29/03)  

A schedule of fees for such permits may be established from time to time by the Board of Selectmen and the Inspector of Buildings. (added S.T.M. 2/12/90)

6.6.5  PENALTIES         
        
Whoever violates any provision of this section or any lawful order of the Sign Officer shall be subject to a fine of not more than one hundred dollars ($100) per offense.  Each day that such violation continues shall constitute a separate offense. (added S.T.M. 2/12/90)

6.6.6  NON-ACCESSORY SIGNS         

Non-accessory signs shall not be permitted. (added S.T.M. 2/12/90)  

However, sponsor signs located in or upon athletic fields owned or leased by the Town of Raynham for the benefit of local non-profit youth organizations shall be permitted subject to the specific terms as to size and location of the Board or Committee having jurisdiction over said Town Property.  (added A.T.M. 5/18/92)  

6.6.7  DESIGN REQUIREMENTS FOR ALL SIGNS  (added S.T.M. 2/12/90)

A.  MOVEMENT:  No sign shall contain any moving, flashing or animated lights, or visible moving or movable parts, except such portions of a sign as consists solely of indicators of time and/or temperature, or automatically changing message, provided that a sign with an automatically changing message shall be permitted only by special permit issued by the Board of Appeals.

B.  ILLUMINATION:  No sign shall be illuminated in a Residential “A” District or a Residential D District *; and no sign shall be illuminated between the hours of 10:00 P.M. and 6:00 A.M. in Residential “B” or Residential “C” Districts.  Signs may be illuminated only by the following means:  1).  by a white, steady stationary light of reasonable intensity shielded and directed solely at the sign, and not casting light on the premises;  2).  By interior non-exposed lights of reasonable intensity.  * (underlined portion added at A.T.M. 5/20/96)

C.  COLOR:  The Sign Officer may refuse to issue a sign permit for a sign containing red, yellow and/or green lights, if said lights constitute a driving hazard in his opinion.

6.6.8  SIGNS NOT REQUIRING PERMITS  (added S.T.M. 2/12/90)

The following accessory signs conforming to this section and Section 6.6.7 may be erected and maintained without a permit, in any district:

A.  One sign displaying the street number and/or name of the occupant of the premises not exceeding four(4) square feet in area.  Such sign may include identification of uses permitted in a residential district.
B.  Two “For Sale” or “For Rent” signs not exceeding a combined total area of six (6) square feet, advertising only the premises on which the signs are located.

C.  One bulletin or announcement board, identification sign or entrance marker for each public entrance to the premises upon which a church, synagogue, or other religious institution is located, not exceeding twelve (12) square feet in area, provided that there shall be no more than two such signs for each church or synagogue or other religious institution.

Off premise directional signs may be located within a quarter mile of a street leading to such church, synagogue, or religious institution.  Such signs shall not exceed 2.25 square feet and not more than 2 feet in length. (added A.T.M. 5/18/92)

D.  One contractor’s sign, not exceeding twenty (20) square feet in area,
        maintained on the premises while construction is in process and containing information relevant to the project.  Such sign shall be removed immediately after completion or discontinuance of construction.

E.  One identification sign, not exceeding ten (10) square feet in area, at any public entrance to a subdivision or multi-family development.

F.  Directional signs, not exceeding three (3) square feet.

G.  Signs limited solely to directing traffic within or setting restrictions on the use of parking areas, not exceeding four (4) square feet.

H.  Political campaign signs or other noncommercial signs which express opinions or ideas protected by the First Amendment to the United States Constitution.

I.  Signs on or off premises advertising agriculture, horticulture, floriculture or viticulture shall comply with this sign By-law, except that such signs shall not exceed 6 square feet and not more than 3 feet in length.

J.  Those non-accessory signs which are expressly permitted by Section 6.6.6.  (added A.T.M. 5/18/92)

K.  Temporary municipal, school and Raynham-based non-profit organization signs advertising municipal, school or non-profit organization events.  Signs shall not exceed 6 square feet, shall not be erected more than 45 days before the event and shall be removed within 5 days after the event.  (Sec. K added at S.T.M. 10/29/13.)

6.6.9   SIGNS REQUIRING PERMITS  (added S.T.M. 2/12/90)         

                The Sign Officer shall issue permits for signs conforming to this entire bylaw.

A.  Wall Mounted Signs (Section A amended at S.T.M 10/26/2011):            

                                 1.  The sign or signs shall be firmly affixed to a building.

2.  The sign or signs shall not extend beyond the wall of the building to                                        which it is attached.  Roof signs shall not project more than four (4) feet                                     above the roofline.

3. The sign or signs shall not project more than twelve inches (in the case of a sign parallel with the wall, or four feet in the case of a sign projecting perpendicular from the wall) from the face of the wall on which it is attached.

4.  No one wall mounted sign shall be greater than 120 square feet and no longer than 15 feet in length, which includes logos, business name and all other visual and/or written communication.   

5. Wall mounted signs shall not total more than 180 square feet and shall cover no more than 15% of the wall area on which they are mounted.

B.  FREE STANDING SIGNS:  No part of any free standing sign other than the post or other support structure shall be located lower than eight (8) feet above the ground level (except for signs beyond eight (8) feet from the boundary line), and no sign shall be more than twenty-three (23) feet in height above the ground level and no wider than fifteen (15) feet.       

No face of a standing sign shall be larger than one hundred and twenty (120) square feet, nor shall any sign be located in such a way so as to impede or obstruct the view of traffic and in no event shall any part of the sign be less than eight (8) feet from any boundary line.

C.  NUMBER:  There shall be no more than one free standing sign per lot (land ownership); except that two free-standing signs may be permitted on the premises in business and industrial districts, if the lot frontage is a minimum of 250 feet and multiple store units of 10 or more exist on said lot.  Said signs shall be separated by at least 100 feet. (amended A.T.M. 5/16/94; amended ATM 05/2007)

D.  DIRECTORY:  In addition to the foregoing sign or signs, one directory of the establishments occupying a building may be either affixed to the exterior wall of the building or be standing at the public entrance to the building or premises.  Such directory shall not exceed an area determined on the basis of one square foot for each establishment occupying the building.

E.      WINDOW SIGNS:  Signs painted or placed on the inside of the glass of a window may be permitted in addition to the above, provided that the       aggregate area of such signs does not exceed fifty percent (50%) of the        area of the window glass.

F.      TEMPORARY SIGNS:  Temporary signs shall be no larger than 6 square feet and at least 20 feet from a public road and shall be secured for safety. Commercial structures and strip mall plazas with more than 250 feet of frontage are allowed two temporary signs.  Locations are to be designated by property owner. (amended at S.T.M. 10/26/2011)

6.6.10   NONCONFORMING SIGNS  (added S.T.M. 2/12/90)  

Signs legally erected before the adoption of this section which do not conform to the provisions of this section, may continue to be maintained; provided, however, that no such sign shall, after the adoption of this section, be enlarged or made more nonconforming.  Any exemption provided in this section shall terminate with respect to any sign which:  a).  shall have been abandoned for at least two years; or  b).  advertises or calls attention to any products, businesses, or activities which are no longer sold or carried on, whether generally or at the particular premises; or c).  shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Inspector of Buildings/Sign Officer.
 
   6.7          SITE PLANS  

Before any building or structure greater than 100 square feet in area or greater than 12 feet in height is constructed or relocated, the Inspector of Buildings shall require the submission of a plan showing the lot dimensions, adjacent ways, the size and location of buildings or structures proposed to be constructed, relocated or reconstructed thereon, the location of any existing or proposed driveways, parking areas, drains and other buildings and major structures on the lot, buffer strip, and a statement of the intended use of such building or structure. (amended S.T.M. 2/12/90)

6.8  APARTMENTS

6.8.1 GENERAL PROVISIONS          

An apartment house is herewith defined as a multi-family dwelling.  Each dwelling unit shall be separated by soundproof partition walls and/or floors from each other, with each unit having individual living, sleeping, kitchen and toilet facilities.  Each building shall occupy one lot.  Professional offices and home occupations are specifically excluded from multi-family dwellings. (amended S.T.M 2/12/90)

6.8.2  HEIGHT AND BULK REGULATIONS

Apartment houses may be constructed subject to the following rules and regulations:

(a).  Maximum height shall be limited to thirty-five (35) feet above the average elevation of the finished grades of the building lot.  Height shall be measured to the highest point on the roof of the building.

(b).  Maximum number of stories shall be limited to three including the basement level.  A story is defined as that part of a building between any floor and the floor or roof next above.  For the purpose of this Zoning By-Law, where a building is not divided into stories, a story shall be considered fifteen (15) feet in height.  Steeples, cupolas, stage lofts, and the like shall not be considered as additional stories.

A basement, or cellar, to be inhabited, must have the ceiling not less than   five (5) feet above the average elevation of the land immediately surrounding the building foundation wall.

(c).  Floor-area ratio shall not exceed 40%.  The floor-area ratio is defined as the ratio of the net floor area of the apartment building to the total lot area.   Net floor area is the sum of the areas used for living, sleeping, kitchen and toilet use only, of the several floors of a building, measured from the exterior faces of the walls but shall not include areas used for hallways, closets and the like.

(d).  Minimum residential floor area is five hundred (500) square feet of living space per dwelling unit.  Living space shall mean the total of the floor area of the rooms used or intended to be used as living, sleeping, and kitchen purposes only.

(e).  No more than twelve (12) one bedroom units, or eight (8) two (2) bedroom units allowable in each apartment building.
6.8.3  AREA AND WIDTH REGULATIONS         

(a).  The minimum lot size shall consist of not less than 43,560 square feet for the first family unit, plus an additional 4,000 square feet for each additional family unit, and not less than 250 feet wide. (amended S.T.M. 2/12/90)

(b).  The minimum lot size shall consist of not less than 60,000 square feet for the first family unit, plus an additional five thousand square feet for each additional family unit and no less than 200 feet wide where water is not supplied by the North or Center Water Districts.
6.8.4  YARD REGULATIONS         

(a). Rear Yard—minimum depth shall not be less than fifty (50) feet, or other regulations by the Board of Health.  Rear yard shall mean space unoccupied, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

(b).  Side Yard—minimum width shall not be less than 30 feet.  Side Yard shall mean an unoccupied space extending for the full length of a building wall and the side lot line.
(c). Front Yard—minimum depth shall not be less than 100 feet.  Front Yard shall mean a space extending for the full width of the lot between the front line of the nearest building wall and the street line.

(d).  Corner Lot—Yard requirements for lots located on the corners of two street shall be considered as two (2) front yards, one side yard, and one (1) rear yard.

(e).  Projections into required yards or other required open spaces shall not exceed four (4) feet.
6.8.5  OFF-STREET PARKING REGULATIONS

(a).  Two (2) off-street delineated parking spaces shall be provided for each family unit. (amended S.T.M. 2/12/90)

(b).  The minimum size for each parking space shall be nine (9) feet wide by eighteen (18) feet long.  Access areas and maneuvering space shall be in addition to the required parking space area. (amended S.T.M. 2/12/90)

(c).  No off-street parking space or accessory off-street parking shall be permitted within front yard areas.

(d).  All parking areas containing more than five (5) parking spaces shall be effectively screened on the side that faces the side and/or rear lot line.  The screening shall consist of a solid fence or wall not less than four (4) nor more than six (6) feet in height, or use of shrubbery, or both.

(e).  Parking spaces shall be arranged so that no motor vehicle will be  parked within twenty (20) feet of any side lot line, or within twenty (20) feet of any rear lot line except for interior adjoining sideline belonging to the same owner. (amended S.T.M. 2/12/90)

(f).  Boarding houses must comply with all sections of 6.8.5. (amended S.T.M. 2/12/90)

6.8.6  SITE PLANS         

(a).  A site plan shall be submitted to the Inspector of Buildings and Planning Board and shall show the following.

                               (1).  Dimensions of lot.  
                                (2).  All proposed buildings.
                               (3).  Structures.
                               (4).  Parking facilities.
                               (5).  Service areas.
                               (6).  Open space, buffer zones and green spaces.
                               (7).  Front, side, and rear yard areas.
                               (8).  Any other information as may be necessary to determine that
          the requirements of the preceding sections shall be met.  

6.9     DESIGNATED DEVELOPMENT DISTRICT:         

6.9.1   GENERAL PROVISION.  All lots and improvements in a Designated Development District shall be
governed by this Section 6.9.  If there is any conflict between Section 6.9 and other requirements of this By-Law, the provisions of this Section 6.9 shall     control. (amended ATM 05/2007)

6.9.2  MINIMUM SETBACKS OF BUILDINGS FROM BOUNDARY LINE OF DISTRICT.      

No building in a Designated Development District shall be located closer than fifty (50) feet from the boundary line of the District.  If a building contains more than two (2) stories, then this minimum requirement shall be increased by twenty-five (25) feet per story for each story that the building exceeds two stories in height up to a maximum setback requirement of two hundred (200) feet.  For example, a building containing three (3) stories shall not be located closer than seventy-five (75) feet from the boundary line of the District and a building containing four (4) stories shall not be located closer than one hundred (100) feet from the boundary line of the District.  For purposes of this Section 6.9, the term “story” shall mean that part of a building or improvement between any floor on or above the mean finished grade of the ground adjoining the building and the floor or roof next above.  Where a building or improvement is not divided into stories, a story shall be considered fifteen (15) feet in height.  Height shall mean the vertical distance measured from the mean finished grade of the ground adjoining the building or improvement to the highest point of such building or improvement, provided that steeples, cupolas, stage lofts, penthouses, bulkheads and other appurtenances above roof line shall not be considered as additional stories or considered in determining the height of a building or improvement.

6.9.3  BUFFER STRIP.  Where the boundary line of a Designated Development District adjoins a lot in
another District on which there is a residential dwelling, there shall be provided on the lot in the Designated Development District, a buffer strip of not less than fifty (50) feet in width from such adjoining lot.  All required buffer strips in a Designated Development District shall retain any natural woodlands if possible.  In the absence of natural woodlands, screening at least five (5) feet high shall be constructed.  Screening may be by wall, fence or earth berm with low plantings or any combination thereof.  Such screening shall be maintained in good condition at all times.  No other structures or parking areas will be permitted.  No other requirements of this By-Law shall be applicable to buffer strips in a Designated Development District.

6.9.4  HEIGHT LIMITATIONS.  No building or other improvement located in a Designated Development
District shall exceed four (4) stories or 50 feet in height, other than a hotel, which shall not         exceed eight (8) stories or 90 feet in height. (amended ATM 05/2007)

6.9.5  MINIMUM LOT REQUIREMENTS.  No building or structure erected in a
Designated Development District shall be located on a lot having less than the minimum requirements set forth below:

(a).  Minimum Lot Size - 60,000 square feet;
(b).  Minimum Lot Frontage - 200 feet;
(c).  Minimum Front Yard - 100 feet;
(d).  Minimum Side Yard - 50 feet; and
(e).  Minimum Rear Yard - 50 feet.

6.9.6  ACCESSORY USES AND STRUCTURES.  Accessory uses and structures incidental or subordinate
to a permitted main use or structure including, any accessory use incidental to research or development or related production shall be permitted in a Designated Development District.  Included within permitted accessory uses and structures are communication facilities, a parking garage and a heliport, provided that such communication facilities, parking garage and/or heliport primarily services the occupants of the lot or lots so served. (amended ATM 05/2007)

6.9.7  OFF-STREET PARKING REQUIREMENTS IN A DESIGNATED DEVELOPMENT DISTRICT:

(a).  MINIMUM SETBACK REQUIREMENTS.  No paved area designated for parking on a lot shall be located closer than twenty (20) feet from any lot line which fronts on any street.  No paved area designated for parking on a lot shall be located closer than twenty (20) feet from the side of any building which fronts on any street, or closer than five (5) feet from any side of a building which does not front on any street.

(b).  MINIMUM SIZE OF PARKING SPACES.  The minimum size of the required parking spaces shall be 18 feet by 9 feet.  (amended ATM 05/2007)

(c).  COMBINING REQUIREMENTS.  Required spaces for any number of uses or lots may be provided in a combined lot or lots within the Designated Development District, provided that the number of spaces in the combined facility shall not be less than the sum of those required for the individual uses.
(d).  MINIMUM REQUIRED SPACES.  The minimum required number of off-street parking spaces shall be as follows, provided that:  (i).  If a building on a lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each such use, and (ii).  If any use in a building changes which would increase the parking requirements, such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met.

(1).  Wholesale Business - one (1) space for each 500 square feet of gross floor area;

(2). Office/Banking, Retail Business - one (1) space for each 200 square feet of gross floor area (amended ATM 05/2007);

(3).  Research and Development/Engineering/High Technology –  one (1) space for each 350 square feet of gross floor area;

(4).  Light Manufacturing and Assembly - one (1) space for each 400 square feet of gross floor area;

(5).  Warehouse or Distribution Center - one (1) space for each 500 square feet of gross floor area;

(6).  Conference Facility - one (1) space for each three (3) seats of seating capacity;

(7).  Restaurant

A.  One (1) parking space for each three (3) seats of seating capacity except if (7) B. is applicable (amended ATM 05/2007);

B.  Restaurant – one (1) parking space for every two (2) occupants based on the actual occupant load listed on the application for certificate of inspection approved by the Building Department and Fire Department for restaurants that serve alcoholic beverages under Chpt. 138 of Massachusetts General Laws.            (amended ATM 05/2007)

(8).  Hotel - one (1) parking space for each hotel living unit; and

(9).  All other Permitted Uses not Specifically Enumerated - one (1) space for each 300 square feet of gross floor area.

Where the computation of required parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one.

(e).  DESIGNATED PARKING AREA.  With respect to any building in a Designated Development District other than a conference facility, restaurant or hotel which requires less minimum parking spaces than one (1) parking         space for each 300 square feet of gross floor area, there shall be designated on the lot on which the building is located or on another lot in the District if the provisions of subsection (c) of this Section 6.9.7 are applicable, a         designated parking area or areas with a total aggregate square footage equal to eighty-five (85%) of the total gross floor area of all buildings on a lot.  Any         designated parking area need only be paved to the extent necessary to meet       the minimum requirements of subsection (d) of this Section 6.9.7, but any       unpaved area must comply with the setback requirements of subsection (a) of this Section 6.9.7 and remain open and available to meet any additional minimum parking space requirement caused by a change in the use of any      building.  If parking for any lot is to be provided in a parking facility of more       than 1 story, the gross floor area of each floor in the parking facility shall be       included in the computation of the designated parking area.

(f).  SPECIAL PERMITS.  The Board of Appeals or the Planning Board acting through Article 13 Site Plan Approval as the case may be, may grant a special permit to waive strict adherence to the parking requirements set forth in this Section 6.9.7 where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Section 6.9.7.  In reviewing such a request, the Board of Appeals or Planning Board shall consider the following:  (highlighted portions added at A.T.M. 5/18/98)

(i).  the issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this By-Law; and

(ii).  the special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.

6.9.8  SIGNS.  No sign located at or near the entrance way of a Designated Development District shall
be larger than one hundred fifty (150) square feet or located closer than ten (10) feet from the boundary line of the District.  No sign identifying any building or improvement within a Designated Development District shall be larger than fifty (50) square feet and located closer than ten (10) feet from the boundary line of an established way.  Any lighting of a sign shall be continuous indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property.  No sign shall be constructed so as to interfere with the visibility of traffic located on adjacent streets or ways, nor shall any freestanding signs be placed at a height in excess of 30 feet.

6.9.9  SITE  PLANS.  A site plan shall be submitted to the Inspector of Buildings and Planning Board
and shall show that the requirements of this Section 6.9  have been satisfied.  In particular, such site plan shall include:

                       (a).  dimensions of lot;
(b).  location and dimensions in feet of all proposed buildings and accessory structures;
(c).  location and dimensions of paved parking areas and designated parking     areas, if applicable;
                       (d).  service areas;
(e).  open space;
(f).  front, side and rear yard areas;
(g).  property boundaries; and
(h).  required buffer strip, if applicable.

6.10  HEIGHT LIMITATIONS.  No building or other improvement located in a business, industrial or general use district shall exceed forty (40) feet in height, except by special permit.  The limitation on height of buildings shall not apply to chimneys, ventilators, spires or other ornamental features of buildings which features are in no way used for living purposes.  No building in any residential area shall exceed thirty-two feet (32’) in height, except the limitation on height of buildings shall not apply to chimneys, ventilators, spires or other ornamental features of buildings which features are i no way used for living purposes.  The height limitation does not apply to wireless communications towers, provided, however, that no wireless communications tower or antenna or accessory structure shall be erected except in      compliance with Article 12. (added S.T.M. 2/12/90)   (underlined portion added S.T.M.   2/10/97)

        6.11.0  OFFICE DEVELOPMENT DISTRICT  Developments shall be permitted in the Office Development District only upon issuance of Site Plan Approval by the Planning Board.  (Section 6.11.0 – 6.11.12  added at June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

6.11.01 GENERAL DESCRIPTION  Office Development Districts shall mean a development constructed on a lot or lots under single ownership at the time of application, planned and developed as an integral unit, and consisting primarily of office and light industrial use.

6.11.02  PURPOSES  The purpose of the Office Development District development regulations in this Section shall include the following:

(a). To promote highway traffic safety and protect the capability of state and  local roads to conduct traffic smoothly and efficiently;

(b). To promote attractive and viable commercial development and expand         the commercial tax base of the Town;

(c). To protect the rural character, aesthetic visual qualities and property    values of the Town  and neighboring properties;

(d). To discourage unlimited commercial “strip development” and curb cuts along highways, and encourage commercial growth in nodes and clusters,    and to promote shared access and egress.

6.11.03 GENERAL PROVISION  All lots and improvements in an Office Development District shall be governed by this Section 6.11.  If there is any conflict between Section 6.11 and other requirements of this By-Law, the provisions of this Section 6.11 shall control.  Additionally, any development in this district must also meet the following performance standards:

(a)  Lighting - No areas shall be floodlit.  Lighting fixtures higher than twenty feet shall not illuminate drives and parking areas.  Lighting fixtures higher than fifteen (15) feet shall not illuminate sidewalks.  All lighting fixtures shall be shielded to have a total cutoff of all light at less than ninety (90) degrees.  The total cutoff of all light should occur within the property lines of the parcel to be developed.

(b)  Building Location - Proposed buildings and structures shall be     integrated as much as possible within the existing landscape and terrain.

(c)  Building Design - Where buildings are located near existing development, architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate exterior materials, color, screening, breaks in the roof and wall lines, and other architectural techniques.

(d)  Circulation - Site plans shall provide clearly marked safe and attractive circulation patterns for both vehicular and pedestrian traffic.  Special attention shall be given to location, width, and number of access points to public streets (curb cuts should be located on secondary streets where possible, curb cuts are generally limited to one on primary streets. Information on stop sight distances and speeds along streets that provide access shall be noted on the site plan.

(e)  Water Quality - The development shall incorporate measures that are adequate to prevent pollution of surface or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of run-off and potential for flooding.  Drainage shall be designed so that peak flow rates shall not be increased above pre-development levels, and groundwater recharge is maximized.

(f)  Emissions - The development shall ensure that no emissions of noise, odors, gases, liquids, dust, chemicals, fumes or smoke which would be injurious, obnoxious, offensive, or hazardous to the surrounding area would take place.

6.11.04   USES PERMITTED BY SPECIAL PERMIT WITH SITE PLAN APPROVAL

6.11.04.1  Uses permitted by Special Permit by the Planning Board shall be limited only to the following:

  • Warehouse for storage, production, assembly, and marketing of
wholesale goods.  
   
  (b) Wholesale trade and distribution.

6.11.05  MINIMUM SETBACKS OF BUILDINGS FROM BOUNDARY LINE OFDISTRICT

No building in an Office Development District shall be located closer than fifty (50) feet from the boundary line of the District.  If a building contains more than two (2) stories, then this minimum requirement shall be increased by twenty-five (25) feet per story for each story that the building exceeds two stories in height up to a maximum setback requirement of two hundred (200) feet.  For example, a building containing three (3) stories shall not be located closer than seventy-five (75) feet from the boundary line of the District and a building containing four (4) stories shall not be located closer than one hundred (100) feet from the boundary line of the District. For purposes of this Section 6.11.05, the term "story" shall mean that part of a building or improvement between any floor on or above the mean finished grade of the ground adjoining the building and the floor or roof next above.  Where a building or improvement is not divided into stories, a story shall be considered fifteen (15) feet in height.  Height shall mean the vertical distance measured from the mean finished grade of the ground adjoining the building or improvement to the highest point of such building or improvement, provided that steeples, cupolas, Stage lofts, penthouses, bulkheads and other appurtenances above roof line shall not be considered as additional stories or considered in determining the height of a building or improvement.

6.11.05.1       Dimensional Regulations: All uses shall be in conformity with the dimensional and density regulations set forth in Table 1.

TABLE 1
DIMENSIONAL REGULATIONS

USE
Min. Lot Area (sq. ft. or as noted
Min. Frontage
(feet)
Min.
Front Yard (ft.)
Min. Side Yard (ft.)
Min. Rear
Yard (ft.)
Max Height
(ft.)
Max No. of stories
Max Building Coverage
(% of lot)   
Max Impervious Surface
(% of lot)
Office Development District

80,000

150

45

30

30

60

4

40

60

6.11.05.2       Other Office Development Dimensional Regulations: A 50-foot buffer is required along side and rear lots abutting any residential property.  The buffering requirements can be altered during site plan review to mitigate environmental impacts.  

6.11.06  BUFFER STRIP  Where the boundary line of an Office Development District adjoins a lot in another District on which there is a residential dwelling, there shall be provided on the lot in the Office Development District, a buffer strip of not less than fifty (50) feet in width from such adjoining lot.  All required buffer strips in an Office Development District should retain any natural woodland if possible.  In the absence of natural woodlands, screening at least five (5) feet high shall be constructed.  Screening may be by wall, fence or earth berm with low plantings or any combination thereof.  Such screening shall be maintained in good condition at all times.  No other structures or parking areas will be permitted within the buffer area.  No other requirements of this By-Law shall be applicable to buffer strips in an Office Development District.

6.11.07  HEIGHT LIMITATIONS  No building or other improvement located in an Office Development District shall exceed four (4) stories in height, other than a hotel, which shall not exceed five (5) stories or 60 feet in height.

6.11.08  ACCESSORY USES ALLOWED  Accessory uses incidental or subordinate to a permitted main use including without limitation; cafeterias, day care, or such other retail or service uses provided such uses primarily service the occupants of the lot or lots so served.

6.11.09   OFF-STREET PARKING REQUIREMENTS IN A OFFICE DEVELOPMENT DISTRICT:

(a).  Parking between the street and the building is not allowed.  Parking should be located to the rear and side of the building.

(b)  MINIMIUM SIZE OF PARKING SPACES  The minimum size of at least seventy percent (70%) of the required parking spaces shall be 18 feet by 9 feet.  Any remaining required parking spaces shall be a minimum size of 15 feet by 7-1/2 feet.

(c)  COMBINING REQUIREMENTS  Required spaces for any number of uses or lots may be provided in a combined lot or lots within an Office Development District, provided that the number of spaces in the combined facility shall not be less than the sum of those required for the individual uses, and provided that the parking is located or on a lot or lots adjacent to, or within 100 feet of the structures served.

(d)  MINIMUM REQUIRED SPACES  The minimum required number of off street parking spaces shall be as follows provided that: (i).  If a building on a lot is devoted to more than one of the uses set forth below, the parking requirements will be determined separately for portions devoted to each such use, and (ii) if any use in a building changes which would increase the parking requirements such use shall not be permitted until it can be demonstrated that the parking requirements set forth below with respect to such use have been met.

(1) Wholesale Business - one (1) space for each 1,000 square feet of gross floor area;

(2) Retail Business - one (1) space for each 200 square feet of gross floor area;

(3) Research and Development/Engineering/High Technology - one (1) space for each 500 square feet of gross floor area;

(4) Office Uses - one (1) space for each 350 square feet of gross floor area;

(5) Light Manufacturing and Assembly - one (1) space for each 1,000 square feet of gross floor
         area;

(6) Warehouse or Distribution Center - one (1) space for each 1,000 square feet of gross floor
area;

(7) Conference Facility - one  (1) space for each three (3) seats of seating capacity;

(8) Restaurant/cafeteria - one (1) parking space for each three (3) seats of seating capacity;

(9) Hotel - one and one tenth (1.1) parking space for each hotel living unit; and,

(10) All other Permitted Uses not Specifically Named - one (1) space for each 300 square feet of
gross floor area.

Where the computation of required parking space results in a fractional number, only the fraction of one-half or more shall be counted as one.

(e)  DESIGNATED PARKING AREA  With respect to any building in an Office Development District other than a conference facility, restaurant or hotel which requires fewer than one (1) parking space for each 300 square feet of gross floor area, there shall be designated on the lot on which the building is located or on another lot in the District if the provisions of subsection (c) of this Section 6.11.09 are applicable, a designated parking area or areas with total aggregate square footage equal to eighty-five (85%) of the total gross floor area of all buildings on a lot.  Any designated parking area need only be paved to the extent necessary to meet the minimum requirements of subsection (d) of this section 6.11.09, but any unpaved area must comply with the setback requirements of subsection (a) of this Section 6.11.09 and remain open and available to meet any additional minimum parking space requirement caused by a change in the use of any building.  If parking for any lot is to be provided in a parking facility of more than 1 story, the gross floor area of each floor in the parking facility shall be included in the computation of the designated parking area.

(f) SPECIAL PERMITS The Board of Appeals or the Planning Board acting through Article 13 Site Plan Approval as the case may be may grant a special permit to waive strict adherence to the parking requirements set forth in this Section 6.11.11 where it can be demonstrated by an applicant that a particular use does not warrant the number of parking spaces required by this Section 6.11.11.  In reviewing such a request, the Board of Appeals or Planning Board shall consider the following:

(i)  The issuance of a special permit will not be detrimental to the Town or surrounding uses and is consistent with the intent of this By-Law; and

(ii)  The special permit may define the conditions of the use so as to preclude changes that would alter the unique circumstances contributing to the reduced parking need or demand.

6.11.10  LOADING REQUIREMENTS  All loading and unloading shall take place on-site in a specified area designed for this purpose.

6.11.11   SIGNS  No sign located at or near the entranceway of an Office Development District shall be larger than one hundred fifty (150) square feet or located closer than ten (10) feet from the boundary line of the District.  No sign identifying any building or improvement within an Office Development District shall be larger than fifty (50) square feet and located closer than ten (10) feet from the boundary line of an established way.  Any lighting of a sign shall be continuous indirect white lighting installed in a manner that will prevent direct light from shining onto any street or adjacent property. Sign(s) shall not be constructed as to interfere with the visibility of traffic located on adjacent streets or ways, nor shall any freestanding signs be placed at a height in excess of 30 feet.

6.11.12  DESIGN STANDARDS  A site plan shall be submitted to the Planning Board and shall show that the requirements of Section 6.11 have been satisfied; or take any action relative thereto.

6.11.13  Apiary activities, as defined in M.G.L. Ch. 128, ss32-36A and 38 and 330 CMR 8.00, are allowed in all zoning districts pursuant to the following regulations:  

All hives and associated bee equipment must maintain a minimum setback of 10 feet from all property lines and buildings, 20 feet from all sidewalks and roadways, schools, day care facilities, parks and playgrounds.

The entrance of the hive(s) must be situated to face away from property line, sidewalk or roadway.  

A water supply must be provided for the bees on the same property on which the hive(s) are located (i.e bird bath, quail/chicken waterier, etc.).

Any resident that participates in the apiary activities must do so in accordance with any and all applicable State Best Management Practices as well as the Town of Raynham’s Board of Health regulations.   (Sec. 6.11.13 added A.T.M. 05/19/14)







































ARTICLE SEVEN:  USES BY SPECIAL PERMIT

7.1      SPECIAL PERMIT GRANTING AUTHORITY  

Certain uses, as provided in this By-Law, shall be allowed only upon issuance of a special permit by the Board of Appeals or such other special permit granting authority as may be designated by this By-Law.
7.2       GENERAL REQUIREMENTS FOR SPECIAL PERMITS          

Special Permits shall only be issued when specific requirements of this By-Law or of Chapter 40A General Laws are met and may be subject to conditions and limitations necessary to safeguard public health, safety and welfare.  As a condition of issuance of a special permit, the special permit granting authority shall find that the proposed use will not be detrimental to the established or future character of the neighborhood and the town, and that adequate provisions have been made for safe and convenient access, egress, parking, drainage, screening, buffer strip, water supply, light, air and the required customary and emergency services.

If the construction or operation authorized by a special permit has not commenced within 6 months of the issuance of the special permit, such construction or operation shall thereafter conform to any zoning changes applicable thereto.  If the construction or operation under special permit has not commenced within two (2) years after its issuance, such special permit shall lapse and no construction or operation shall commence thereafter, except upon a new public hearing and issuance of a new permit.  Time limits specified in preceding sentences shall, however, be extended by as long as may be necessary to await final disposition of any appeal or litigation relative to such special permits.

7.3  PUBLIC HEARING   
 
No special permit shall be issued except following a public hearing held within sixty-five days after the filing of the application with the granting authority.  Failure of the special permit granting authority to take final action within ninety days following said public hearing shall be deemed a grant of the application.

7.4  SPECIFIC USES AUTHORIZED BY SPECIAL PERMIT       

The following uses, listed in alphabetical sequence, may be authorized by the designated special permit granting authority (SPGA) in the districts specified and subject to the conditions herein stated.  Unless provided otherwise in this By-Law, the Board of Appeals shall be the designated special permit granting authority.

ACCESSORY USES necessarily incidental to scientific research or development or related production.  

In any District.  

Uses accessory to and necessarily incidental to the scientific research, development, and the related production, whether or not located on the same lot as the principal use they serve.  SPGA must find such use does not substantially derogate from the public good.

** Adult Book Store/Adult Motion Picture Theater/Adult Paraphernalia Store/Adult Video Store/Adult Club           

In an Industrial District.

A.  Adult Book Stores, Adult Motion Picture Theaters, Adult Paraphernalia
Stores, Adult Video Stores, and Adult Clubs may not be located within 1000 feet of each other and 500 feet of the nearest lot lines of:

  •   A residential district.
  • Any establishment licensed under the provisions of Section 12 of Chapter 138 of the
Massachusetts General Laws.

B.  Adult Book Stores, Adult Motion Picture Theaters, Adult Paraphernalia Stores,
Adult Video Stores, and Adult Clubs and all advertising signs for same, shall not be located within 50 feet of a public or private way and shall be set back a minimum of 50 feet from all property lines.
The application for a Special Permit must include the following information:
      
                                1.  Names and addresses of the legal owner of the Adult Book Store, Adult
Motion Picture Theater, Adult Club, Adult Paraphernalia Store or Adult Video Store.

2.  Name and address of all persons having a fee, equity and/or security interest
in such store, theater, or club, in the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the SPGA will know who are the persons who actually own and control the store, theater or club.

Name and address of the manager.

The number of employees, or proposed number of employees, as the case may be.
                       
5.  Proposed security precautions, and

6.  The physical layout of the premises.

Special permits for Adult Book Stores/Adult Motion Picture Theaters/
Adult Paraphernalia Stores/Adult Video Stores/Adult Clubs shall not be granted to any person convicted of violating the provisions of Massachusetts General Laws Chapter 119, Section 63, nor Massachusetts General Laws Chapter 272, Section 28.  Any persons listed in Paragraph C (2) are subject to this prohibition.
Special permits for Adult Book Stores/Adult Motion Pictures/Adult Paraphernalia Stores/
Adult Video Stores/Adult Clubs shall only be issued following public hearings held within 65 days after filing of an Application with the Special Permit Granting Authority, a copy of which shall forthwith be given to the Town Clerk by the Applicant.  The Special Permit Granting Authority shall act within 90 days following the public hearing for which notice has been given by publication or posting as provided in Massachusetts General Laws, Chapter 40A, Section 11, and by mailing to all parties in interest.  Failure by the Special Permit Granting Authority to take final action upon an Application for a Special Permit herein within said 90 days following the date of the public hearing shall be deemed to be a grant of the Permit applied for.  Special permits issued by the Special Permit Granting Authority herein shall require a unanimous vote of the three-member board.
    
A Special Permit granted herein shall lapse within one year, including such time to pursue or
await the determination of an appeal referred to in Massachusetts General Laws Chapter 40A, Section 17, from the grant thereof if a substantial use thereof has not sooner commenced exceptfor good cause or, in the case of Permit for construction, if construction
has not begun by such date except for good cause.

G.  Any existing Adult Book Store, Adult Motion Picture Theater, Adult Paraphernalia
Store, Adult Video Store, or Adult Club shall apply for such special permit within 90 days following the adoption of this Zoning By-law Amendment. **       

(** to ** All inclusive sections amended at S.T.M. of 11/22/99)

                H.  Registered Marijuana Dispensary

  • Purpose and Intent  -
To provide for the limited establishment of Medical Marijuana Treatment Centers in appropriate places and to minimize the adverse impacts of Medical Marijuana Treatment Centers on residential neighborhoods, schools and other places where children congregate and other land uses potentially incompatible with said facilities.
  • Location
No Medical Marijuana Treatment Center may be located within 500 feet of a school, church or other religious use, child care facility or family child care home, park, playground or other recreational area, drug or alcohol rehabilitation facility, or other Medical Marijuana Treatment Center.  Distance shall be measured as the shortest distance between buildings or as the shortest distance between the building of the Medical Marijuana Treatment Center and the nearest property line of the other building in question.

  • Any Medical Marijuana Treatment Center shall comply with 105 CMR 725.000 in its entirety.  (section added A.T.M. 05/19/2014)

ALTERATION, CHANGE OR EXTENSION of pre-existing nonconforming structures or uses.
In any District.

SPGA shall find the change, extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming use.  Such alterations and additions shall not exceed one hundred percent of the floor area of the existing structure.    

ANIMAL RAISING of more than two hogs, pigs or fur-bearing animals.
In Residential A District.

Such animals shall not be permitted to run at large.  Notice of application to be submitted to the Board of Health.

                ANY USE PERMITTED IN A BUSINESS DISTRICT (added at S.T.M. of 11/20/00)

In Designated Development District on a parcel of not less than four (4) acres and three hundred fifty feet of frontage (350) that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Business District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use.  (highlighted areas amended ATM 5/21/03)

ANY USE PERMITTED IN A RESIDENTIAL B DISTRICT (added at S.T.M. of 11/20/00)

In Designated Development District on a parcel of not less than fifteen (15) acres, that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Residential B District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use.

ASSISTED LIVING FACILITY (added at Special Town Meeting of 1/20/98)

In Business District or in a Designated Development District on a parcel of not less than fifteen (15) acres, that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Business District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use. (highlighted portion added at S.T.M. of 11/20/00)

AUTOMOBILE DISMANTLING OR USED PARTS YARD       
                In Industrial District.
AVIATION FIELD      
In Residential A District.

BARBED WIRE OR RAZOR WIRE FENCING (added 5/21/01 A.T.M. adjourned session on 5/23/01)
In any district

BOARDING HOUSE(S) (added S.T.M. 2/12/90)
In Residential “B” and Business District provided that there is one off-street parking space per adult occupant and further provided that the Board of Health has issued an occupancy permit for said Boarding House(s).

BOAT LIVERY       
In Residential A District.
CAMPGROUNDS (added S.T.M. 2/12/90)       
In all districts except Residential “A” and “B”.

CLUB, private, not for profit.  
In Residential A District.

COMMERCIAL GREENHOUSE (added S.T.M. 2/12/90)
In any district when used in connection with a nursery business.

CONVALESCENT HOME     
In Residential A District.

DRIVE-THROUGH  Any business that has a drive-through window for a part or all of their business.
                In any District.
The Raynham Planning Board shall be the Special Permit Granting Authority for this use.   (this section added at S.T.M. of 11/20/00)

DWELLING CONVERSION (amended S.T.M. 2/12/90)
In a Residential A District.

Of any existing one-family dwelling into a two-family dwelling where the existing dwelling exceeds 1750 square feet (including an attached garage) of usable living space and said conversion is for continuous use of the owner’s immediate family, i.e. mother, father, sibling, children or in-laws.

FUNERAL HOME (added A.T.M. 5/16/94)  
In a Residential A District provided that the Special Permit Granting Authority specifically addresses the issues of lot size, parking, signage, lighting and hours of operation.

GASOLINE SELLING STATION  (amended S.T.M. 2/12/90)
In Business District.

SPGA shall make written findings relative to the following:

(A).  The probability of a reasonable public need for the proposed station, supported by evidence including market data submitted by the petitioner.

(B).  The proximity of other gasoline selling station. (amended S.T.M. 2/12/90)

(C).  That the proposed use will not create a traffic hazard or excessive traffic congestion because of its location to the following:

       1. necessity of turning movements in relation to access to
       public roads or intersections.
       
                       2. other buildings on or near the site and the traffic pattern
        from such buildings.

       3.      vehicular way or pedestrian entrance or crossing to a public
        or private school, park, playground or hospital, or other public
       use or place of public assembly.

(D).  That in the absence of convincing evidence to the contrary, the following shall constitute lack of probability of a reasonable public need for a proposed gasoline selling station. (amended S.T.M. 2/12/90)

1. the presence of two selling stations within 500 feet of the center of an intersection with four or more corners. (amended S.T.M. 2/12/90)    
2.  a selling station within one mile distance along any road, except that two stations may be allowed at intersections as specified above.

GOLF COURSE     
In Residential A District.

HEIGHT (added S.T.M. 2/12/90)       
From Section 6.10

LARGE-SCALE GROUND-MOUNTED PHOTOVOLTAIC INSTALLATIONS (added at         S.T.M. 10/29/12)
In Residential A District, Residential B District, Residential C District, Residential D District, Farm and Forest District, and Farm and Forest II District

LIVESTOCK (added S.T.M. 2/12/90)    
More livestock than permitted in 4.1.1(d).

MANUFACTURING or commercial uses including processing, fabrication and assembly.
In Business District.

No use shall be permitted which will be detrimental or offensive or tend to reduce property value in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.

NET AREA (SAME AS LOT AREA) (added S.T.M. 2/12/90)
From Section 5.2

PARKING REQUIREMENTS (added S.T.M. 2/12/90)
A special permit from 6.5 only for previously existing buildings, also from Section 6.5(e).

PLACE OF AMUSEMENT   
In Business District.

PLACE OF ASSEMBLY       
In Business District.

PRIVATE GARAGE (added S.T.M. 2/12/90)       
In any district - size larger than permitted in Residential “A”, “B”, “C” or “D” *.     (* amended A.T.M. 5/20/96)

PUBLIC UTILITY STRUCTURE (added S.T.M. 2/12/90)       
In any District.
Public utility structures shall be exempt from this article, if they are part of an approved definitive subdivision plan and/or are approved pursuant to Site Plan Approval by the Raynham Planning Board. (Highlighted portion added at A.T.M. of 5/18/98.)

RIDING STABLE       
In Residential A District.

SEWAGE DISPOSAL AND FILTRATION PLANT  (added S.T.M. 2/12/90)
In Business District.

SIGNS  (added S.T.M. 2/12/90)           
From Section 6.6.7(a)

USED CAR SALES       
 In Industrial District.
ARTICLE EIGHT:  FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT

8.1  PURPOSE          

The purpose of the Flood Hazard Protective Overlay District (FHPO) is to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the groundwater table and water recharge areas within the flood plain.
8.2  DISTRICT BOUNDARIES

The boundaries of the FHPO District are established by Article 3.3 of this By-Law.  

Whenever 100-year flood elevations within Zone A and/or Zone AE are not provided on the Bristol County Flood Insurance Rate Map, a developer/applicant seeking a permit shall provide flood elevation data required for compliance with this By-Law and statutory requirements.

Whenever an area outside of Zone A and/or Zone AE on the Bristol County Flood Insurance Rate Maps has been shown and calculated to be within the 100-year flood as delineated by the Massachusetts Wetlands Protection Act and by survey, said area shall be considered to be a Zone A as defined by the National Flood Insurance Program, and shall comply with Article Eight (8) of this By-Law.*

* (this paragraph added A.T.M. 05/15/89; amended 05/18/09)

8.3    USES IN THE FHPO DISTRICT          

8.3.1   GENERAL PROVISIONS          
 
The Flood Hazard Protective Overlay District is established as an overlay district to all other districts.  All development, including structural and non-structural activities, whether permitted as a right or by a special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts Building Code pertaining to construction in flood plains (currently Section 744).

8.3.2  PERMITTED USES        
The following uses of low flood damage potential and causing no obstructions   to flood flows, shall be permitted provided they do not require structures, fill or storage of material or equipment.

1.      Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
2.      Forestry and nursery use.
3.      Outdoor recreational uses, including fishing, boating, play areas, etc.
4.      Conservation of water, plants, wildlife.
5.      Wildlife management areas, foot, bicycle, and/or horse paths.
6.      Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
7.      Maintenance, repair and reconstruction up to 50% of market value of buildings lawfully existing prior to the adoption of these provisions but not including improvements which increase ground coverage.
8.      Creation and maintenance of ponds up to one acre in area.
9.      Installation of utility lines.
10.    Installation of driveway of minimum size necessary to serve areas outside the district where other access is not feasible, provided no change in grade exceeds one foot vertically.
11.    The portion of any lot within the district may be used to meet area and  yard requirements for the district(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the minimum required lot area shall be contiguous dry land. (underlined added A.T.M. 5/15/89)

8.3.3  USES BY SPECIAL PERMIT     
1.  Any use permitted in the underlying district by right or by special permit may be allowed by special permit from the Board of Appeals as the special permit granting authority.  Such special permit shall be subject to conditions determined by the Special Permit Granting Authority to be necessary to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the groundwater table and water recharge areas within the flood hazard protective district.

2.  No structure or building shall be erected, constructed, substantially improved, reconstructed (except as provided in Section 8.3.2 Permitted Uses Within the Flood Hazard Protective Overlay District) or otherwise created or moved:  no earth or other material dumped, filled, excavated or transferred, unless a special permit is granted.

3.  The Zoning Board of Appeals, as the special permit granting authority, may issue a special permit subject to the following provisions.

the proposed use shall comply in all respects to the provisions of the underlying District in which the land is located.  

Within 10 days of the receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, Board of Health, and Inspector of Buildings.  Final action shall not be taken until reports have been received from the above boards or until 35 days have elapsed.

All encroachments, including fill, new construction, substantial improvements to existing structures, and other development and are prohibited in the floodway unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

The Board may specify such additional requirements and conditions as it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

All development, including structural and non-structural activities, whether permitted as a right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Law and with the requirements of the Massachusetts Building Code, pertaining to construction in the flood plains.

8.3.4  PROHIBITED USES         

a       The storage or disposal of any soil, loam, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris, or dredged spoil.

b.      Draining, excavation or dredging or removal or relocation of loam, peat, sand, gravel, soil or other mineral substance, except as accessory to work permitted as of right or by special permit.

c.      The storage or disposal of materials used for snow and ice control including sand, salt and other de-icing chemicals.

d.      The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of Section 27 (8), 52, 57 and 58 of Chapter 21 of the General Laws and by the Department of Environmental Protection of the Commonwealth of Massachusetts. (amended S.T.M. 2/12/90)

e.      Construction of structures or buildings except as permitted under sections on permitted uses and special permits.
    
ARTICLE NINE:  WETLANDS DISTRICT

9.1  PURPOSE    
 
The purpose of this District is:

A.  To provide, that the land in this area which is subject to seasonal or periodic flooding, shall not be used for residence or certain other purposes in such a manner as to endanger the health or safety of others.

B.  To assure the continuation of the natural flow pattern of the water courses, to provide adequate and safe floodwater storage capacity.

C.  To protect the community against costs which may be incurred when unsuitable developments occur in swamps, marsh, wet meadows and other wetlands and along water courses.

D.  To conserve in these areas the natural conditions, wildlife and open spaces for the education, recreation and general welfare of the public.

E.  To protect existing property owners from damages arising out of the development of wetlands, including damages consequent to the construction of flood runoff and possible disruption of natural water table resulting from the alteration of existing surface or sub-surface water flows.

9.2  PERMITTED USES

1.  Agricultural uses such as farming, grazing, truck farming, horticultural, and cranberry related activities.

2.  Forestry and nursery uses.

3.  Outdoor recreational uses, including fishing, boating, play area.

4.  Conservation of water, plants, wildlife.

5.  Wildlife management areas, foot, bicycle, and/or horsepaths.

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

7.  Buildings lawfully existing prior to the adoption of these provisions.

8.  The portion of any lot within the Wetland’s Overlay District may be used to meet area and yard requirements for the district(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the remaining portion shall be contiguous dry land. (added S.T.M. 2/12/90)

9.3             PROHIBITED USES

A.       The storage or disposal of any soil, loam, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris or dredged spoil.

B.       Draining, excavation or dredging or removal or relocation of loam, peat, sand, gravel, soil or other mineral substance, except as accessory to work permitted as of right or by special permit.

C.       The storage or disposal of materials used for snow and ice control including sand, salt and other de-icing chemicals.

D.       The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, the Water Resources Commission, and the Division of Water Pollution Control under the provisions of Section 27 (8), 52, 57, and 58 of Chapter 21 of the General Laws.


ARTICLE TEN:  DEFINITIONS
ABANDONMENT:  a discontinuance of a non-conforming structure, use, and/or land(s), which use has ceased for a period of exceeding two consecutive years. (amended S.T.M. 2/12/90)

ACCESSORY BUILDING OR USE:  a building or use subordinate to and customarily incidental to the principal building or use and located on the same lot.

ADDITION:  an extension or increase in floor area or height of a building or structure. (added S.T.M. 2/12/90)

ADULT BOOK STORE:  establishment having as a substantial or significant portion of its stock in trade books, magazines, photographs, videos, computer software, computer discs, laser discs and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual
conduct or sexual excitement as defined in Section 31 of Chapter 272 of
Massachusetts General Laws. *  (* amended  at S.T.M. 11/22/99)

ADULT CLUB:  An establishment, which as a form of entertainment, allows a person or persons to perform in a state of nudity as defined in MGL, Chapter 272, Section 31 or allow a person or persons to work in a state of nudity as defined in MGL, Chapter 272, Section 31. * ( * amended at S.T.M. 11/22/99)

ADULT DAY CARE (Drop-in) FACILITY:  Premises or buildings used for the provision of supervised care
for adults or the elderly on a daily basis. (added STM 11/19/07)

ADULT MOTION PICTURE THEATER:  an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)

ADULT PARAPHERNALIA STORE:  an establishment having as a substantial or significant portion of its stock in trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Section 31 or Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)

ADULT VIDEO STORE:  an establishment having as a substantial or significant portion of its stock in trade, videos, movies, computer software, computer discs, laser discs or other film material which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of Massachusetts General Laws. * (* amended at S.T.M. 11/22/99)

ALTERATION:  a change or modification of a building or structure, or the service equipment thereof, that affects safety or health and that is not classified as ordinary repair. (amended S.T.M. 2/12/90)

APARTMENT HOUSE:  is a multi-family dwelling. (added S.T.M. 2/12/90)

APIARY:  Any place or location where one or more hives containing honey bees and associated bee equipment is kept.  (added A.T.M. 05/19/14)

ARTS AND CRAFTS STUDIOS:  A place designed to be used as both a dwelling and a place of work for artists, artisans and crafts persons, including persons engaged in the application, teaching, sale or performance of: wood carvings, baskets, cabinetry, ceramics, clothing, flower arrangements, jewelry, musical instruments, paintings, pottery, sculpture, children’s toys, woven objects, ceramics, hand-blown glass objects, dolls, silver goods or other goods fabricated of precious metals, photographs, candles, graphic arts, taxidermy and leather goods (not including tanning or processing), picture framing, wood working, candles and art work. (added STM 11/19/07)

ASSISTED LIVING FACILITY: (added at Special Town Meeting of 1/20/98)  

Individual dwelling units or multi-family dwellings, including common areas, that provides residences, services and amenities to elderly residents and which is licensed by the Massachusetts Executive Office of Elder Affairs.

ATHLETIC / PHYSICAL FITNESS FACILITY: An indoor and/or outdoor facility designed and equipped for active exercise and related activities which are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness.  The facility may include game courts, running and jogging track, swimming pools, saunas, showers, lockers, and gymnasiums.  The facility may provide massage, holistic treatments, salons, nutrition counseling, and other associated uses.  (added STM 11/19/07)

AUTOMOBILE RELATED USES:  

GARAGE, PUBLIC (SALESROOM):  A public garage is a
building, or part of a building in which motor vehicles are kept.

A salesroom or showroom for motor vehicles shall be regarded
as a public garage, if any motor vehicle is kept in such room
with gasoline in the tank.

GASOLINE-SELLING STATION:

Gasoline-selling station is one containing a tank or tanks, pump,
or other appliances for supplying motor vehicles with gasoline, compressed air, oil, water and similar supplies, but not for the purpose of making repairs; together with the building.

MOTOR VEHICLE REPAIR SHOP:
A motor vehicle repair shop is a building or part of a building in which
all types of repairs—including tune-ups, engine repairs, lubrication and structural repairs and other such repairs—are made to motor vehicles, or a repair shop in a garage, or other building in which machinery is used.  An automobile school or a motor vehicle repair paint shop, shall be regarded as a motor vehicle repair shop. (amended A.T.M. 5/15/89)

PRIVATE GARAGE:
            
A building or part thereof, accessory to the main buildings, providing for the storage of motor vehicles and in which no occupation or business is carried on except for the storage of vehicles, not exceeding 20,000 lbs. gross weight, used exclusively by the occupants for transportation to and from work, not exceeding the height of the roof of the main building and not to exceed storage of four (4) vehicles.

SERVICE STATION:            

A service station is a building or part of a building used for
supplying accessories or parts of a motor vehicles with provisions
for making minor changes adjustments to motor vehicles, but not
structural changes, or repairs, or work involving the use of machinery.

AVIATION FIELD:  Facility for use and service of small private aircraft.

BASEMENT:  That portion of a building which is partly below and partly above grade and having at least one half (1/2) its height above grade (see cellar). (added S.T.M. 2/12/90)

BIOTECHNOLOGY : A laboratory or similar facility that has as its primary purpose the manufacture of products related to the fields of medicine, pharmacology and biology, but does not involve radioactive materials, high intensity electromagnetic radiation, recombinant DNA, and controlled substances. (added STM 11/19/07)

BOARDING HOUSE:  Shall mean a house where lodgings are let to three or more persons not within the second degree of kindred to the person conducting it, and shall include fraternity houses and dormitories of educational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under Section seventy one of Chapter one hundred and eleven or rest homes, so licensed, or group residences licensed or regulated by agencies of the Commonwealth. (added S.T.M. 2/12/90)

BOATHOUSE:  Facility for the storage of boats.  

BODY ART ESTABLISHMENT:  A place of business that practices physical
adornment by conducting the following techniques:  body piercing, tattooing,
cosmetic tattooing, branding, scarification, and similar techniques.  This definition does not include medical procedures carried out by a MA licensed physician. (added at 5/21/01 A.T.M. adjourned session on 5/23/01)

BUILDING (detached): A building surrounded by open space on the same lot.  The word building shall be taken to mean any dwelling, structure used for commercial purposes, structure used for industrial purposes, or any other structure ordinarily bearing a number for identification purposes.

BUILDING (principle):  A building in which the main use of the lot is situated.

CAMPGROUND:  Is a parcel of land approved by the Board of Health for the purpose of vacationing by people with camping trailers not to exceed 32’ x 8’ and tents for overnight stay or summer vacationing intended for temporary living.  Date of operation shall be from April 1 to September 30 and may be extended only by the Board of Health. (added S.T.M. 2/12/90)

CELLAR:  That portion of a building which is partly or completely below grade and having at least one half (1/2) its height below grade (see basement). (added S.T.M. 2/12/90)

CLUB:  Premises of an organization to serve members and guests for athletic, civic, recreational or social purposes.

CONFERENCE FACILITY:  A place used for banquets, conferences and seminars for the public and/or service organizations and/or business and professional conferences with accommodations for food preparation and eating, entertainment excluding Adult Club, and meeting rooms. (added STM 11/19/07)

CONSULTING FIRM(S):  A place where persons provide professional advice or services to people, organizations, individuals and others.  They specialize in financial, personal, and professional services.  Persons who entertain, including but not limited to fortune tellers and psychics, are not considered consultants. (added STM 11/19/07)

CORNER LOT:  A corner lot is defined as one which has an interior angle of less than 135 degrees at the intersection of two street lines and shall meet the minimum requirements of Article 5.1 on each street. (amended S.T.M. 2/12/90)

CUL-DE-SAC:  A street, one end of which is closed and consists of a circular turn around (added ATM 5/29/03)

DWELLING:  A dwelling shall be defined as a building or structure used or intended to be used for dwelling purposes.   Any building or structure permanently attached to a dwelling is, for the purposes of these By-Laws, considered part of the dwelling, but shall not include a structure for use solely for transient or overnight occupancy.  

Reference to erection of a dwelling shall also apply to the placing of a dwelling moved from another location, and to the conversion of any structure to be used as a dwelling.

DWELLING CONVERSION:  A change in the construction or occupancy of a dwelling to accommodate additional dwelling units.

DWELLING MULTI-FAMILY:  (See Apartment House) (6.8.1).       
 
DWELLING UNIT:  Living quarter for a single family with cooking, living, sanitary and sleeping facilities independent of any other unit.  (also family unit)

FAMILY:  One or more persons occupying a dwelling unit.

FARM:  A tract of land containing not less than five acres substantially devoted to agriculture, horticulture, pasturage, livestock raising or some allied industry, (including dairy, livestock and poultry farms). (amended S.T.M. 2/12/90)

FOWL:  Domestic or wild birds used or raised such as chickens, turkeys, geese, peacocks, and the like. (added S.T.M. 2/12/90)

FRONTAGE:  That portion of a street, uninterrupted between the sidelines of a single lot. (added STM 2/12/90)

FUNERAL HOME: A building or part thereof used for human funeral services.  Such a building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the storage of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles. (added STM 11/19/07)  

GOLF COURSE:  A land area of at least thirty acres, containing nine or more standard golf holes and customary accessory buildings.

HIVE:  Any frame hive, box hive, box, barrel, log gum, skep or other receptacle or container, natural or artificial, or any part thereof, which shall be used or employed as a domicile for honey bees.  (added A.T.M. 05/19/14)

HOME OCCUPATION:  An occupation or profession carried on in a dwelling unit, by a resident occupant, and incidental to the use of the premises for residential purposes.

HOSPITAL:  Facility for the care and treatment of patients, and licensed by the Massachusetts Department of Public Health.

HOTEL OR MOTEL:  A building or group of buildings providing accommodations for compensation on a transient basis.

INDUSTRY, LIGHT:  A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.  Note:  product(s) cannot be sold to the public on site.  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

JUNK YARD:  The use of any portion of a lot for the storage of discarded material collected for salvage or conversion.

LIGHT INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two or more separate industrial buildings.  Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

LIGHT MANUFACTURING: Production from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products. (added STM 11/19/07)

LIVESTOCK:  Domestic animals used or raised including fur-bearing animals raised in captivity. (added S.T.M. 2/12/90)

LOT:  An area of land in ownership either separate or multiple, with definite boundaries ascertainable by a recorded deed or plan and used or set aside and available for use as the site of one or more buildings. (amended S.T.M. 2/12/90)

LOT AREA (also known as “net area”):  The square footage of a lot (i.e. contiguous land) exclusive of any area in a public way or street which is accepted, proposed or dedicated to be open to the public use.  At least 80% of the lot area used for zoning compliance shall not be in wetlands or flood plain district(s) as delineated by an expert in said field(s) or the Raynham Conservation Commission.  This is applicable to all Zoning districts. (amended 2/12/90)

MANUFACTURING:  Fabrication, assembly, finishing, packaging processing or research.

MARIJUANA:  The same substance defined as “marijuana” under M.G.L. Chapter 94C.  (added A.T.M. 05/19/14)

MARIJUANA FOR MEDICAL USE:  Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions as set forth in Citizens Petition 11-11.  (added A.T.M. 05/19/14)

MEDICAL MARIJUANA TREATMENT CENTER:  A not for profit entity registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes (including development of related products such as edible MIP’s, 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.  (added A.T.M. 05/19/14)

MEDICAL OR HEALTH RELATED FACILITY:  A public or private facility (with or without laundries) principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. A medical or health related facility may include public health centers, diagnostic centers, treatment centers, rehabilitation centers, outpatient care, cafeterias, gift shops, and laboratories. (added STM 11/19/07)

MOBILE HOMES:  A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is forty (40) body feet or more in length, and a minimum of 320 square feet, and which is built on a permanent chassis, and designed to be used as a dwelling with permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. (added S.T.M. 2/12/90)

MOTOR VEHICLES:  All vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except vehicles used for other than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot. (added S.T.M. 2/12/90)

MULTI-FAMILY DWELLINGS: A building occupied by more than one family living independently in separate dwelling units.  Each dwelling unit shall be separated by sound-proof partition walls and/or floors from each other, with each unit having individual living, sleeping, kitchen and toilet facilities.  Each building shall occupy one lot.   Professional offices and home occupations are specifically excluded from “Multi-Family Dwellings”. (added S.T.M. 2/12/90)

MUNICIPAL USE:  Premises used for any operation of town government.

NET AREA:  See “lot area.”

NON-CONFORMING USE:  A building or land lawfully occupied at the time of the adoption of this by-law or of amendments thereto by a use which does not conform to the adopted regulations of the district in which it is situated.

NURSING HOME (Convalescent or Rest Home):  Premises for the care of three or more persons, as licensed by the Massachusetts Department of Public Health.
OFFICE:  A place of business providing professional service to individuals and businesses, including, without limitation, accountants, advertising agents, architects, attorneys, insurance producers, travel agents, realtors, investment counselors, publishers, surveyors, mortgage originators, graphic design, industrial design and services where a majority of client contacts occur at the office there is no display of merchandise and the storage and sale of merchandise is incidental to the service provided. (amended STM 11/19/07)

OFFICE PARK:  A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.  (added June 7, 2004 Adjourned Session of May 17, 2004 Special Town Meeting)

PARKING FACILITY:  A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage or motor vehicles.  A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. (added STM 11/19/07)

PLACE OF AMUSEMENT:  Any premise containing more than a total in any combination of three (3):  video games, pool tables, pinball machines, and further, any premise with devices and/or equipment such as go-carts, skate boards, ferris wheels, carrousels, fun houses, theaters, miniature golf, skating, bowling alleys, and games to entertain, or other such amusement devices or uses excluding however from the definition, juke boxes.  (added A.T.M. 5/20/91)

PORTABLE STORAGE CONTAINER:  A portable, completely enclosed storage or shipping container, also referred to as a cargo box that is used for the storage or shipment of household goods, wares, building materials or merchandise.  This definition shall not include a travel, tractor or camping trailer which is a vehicle designed to travel on roadways on rubber-tired wheels and used for recreational and business purposes.  (added A.T.M. 05/19/14)

PUBLIC UTILITY - A public service corporation, either private or municipal, supplying or transmitting gas, sewerage, water, electricity or communications to any or all members of the public and subject to Federal, State or Town regulations by virtue of its natural or legal monopoly – except for a corporation or other organization which provides radio, television, cellular telephone service, personal communications service, or enhanced specialized mobile radio services.  (added Special Town Meeting 2-10-97)  Included within the definition of Public Utility are the Raynham Center Water District, North Raynham Water District, Raynham Sewer Commission, and the Town of Raynham. (highlighted sections added at A.T.M., 5/18/98)

PUBLIC UTILITY STRUCTURE - An above ground structure such as well pump house, sewer pump house or flush, water pump house, water tank or a similar above ground structure other than a large-scale ground-mounted photovoltaic installation used to provide services for buildings and their occupants. (added A.T.M., 5/18/98) (highlighted portion added at S.T.M. 10/29/12)

PUBLIC WAY:  Any street dedicated for public use which has been accepted by the Planning Board and Town Meeting and permanently deeded to the Town for Public Use. (added S.T.M. 2/12/90)

RECREATION, INDOOR COMMERCIAL:  Theater, bowling alley, or other commercial recreation or
entertainment carried on wholly in an enclosed building.

RECREATION, OUTDOOR COMMERCIAL:  Drive-in theater, golf driving range, bathing beach, or other commercial recreation activities not more specifically designated elsewhere in the by-law.

RELOCATION:  The movement from an established location to another.  (added S.T.M. 2/12/90)

RESEARCH AND DEVELOPMENT:  A laboratory or similar facility that has as its primary purpose research, investigation, experimentation, and testing activities related to the fields of electronics, engineering, geology, physics, or other scientific area, but which does not involve research with radioactive materials, high intensity electromagnetic radiation, recombinant DNA, or controlled substances, or ordinarily involves processes that produce medical, biological, chemical or radioactive wastes. (added STM 11/19/07)

RESTAURANT:  Any eating establishment where food, food products, or beverages are provided and for which a charge is made, including but not limited to a café, lunch counter, private or social club, cocktail lounge, hotel dining room, catering business, tavern, diner, snack bar, dining room, vending machine, and any other place or establishment where food or beverages are provided, whether stationery or mobile, temporary or permanent.  This definition is in accordance with Massachusetts General Laws Chapter 64H, Section 6(h) as most recently amended.  (added A.T.M. 5/20/02)

RESTAURANT (FAST FOOD):  A principal place of business principally for the sale of foods or beverages in a ready-to-consume state within the building or off premises and whose principal method of operation includes sale of foods and beverages in paper, plastic or other disposable containers, or where consumption of foods and beverages on the premises outside the restaurant building or with parked motor vehicles on the premises is allowed and encouraged or where foods and beverages are served directly to the customer in a motor vehicle. (added STM 11/19/07)

RETAIL:  An establishment principally engaged in selling goods or merchandise to the general public and which may include selling of goods or merchandise to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods.  (added STM 11/19/07)

RETAIL (SPECIALTY: The selling of goods, wares or merchandise directly to the general public which is directly related to and/or is incidental to the principal use of the business. (added STM 11/19/07)

SCREENING:  Screening may include a combination of the following:  fences, stone or masonry walls, and earthern berms.  It is intended to separate and obstruct the view of two adjacent land uses or properties from one another.  Screening shall be of sufficient mass and height to be virtually sight impervious and maintained as such.  The height of the screening shall be at least six feet from the date of occupancy of said use.  The point of measurement for the height of screening is at existing grade before any alteration of the site is made.

  • Screening can be either existing vegetation that provides effective
buffering or existing vegetation that is augmented with one or a combination of: plantings, a wall, a fence, or earthern berms.

  • New screening can be all plantings or a combination of plantings,
walls, fences or earthern berms.  

If plantings are selected to provide the screening they do not need to span the total depth of the screening area.  The height of new plantings cannot be less than six feet in height at the time of planting.  Plantings can be staggered to provide buffering or lined up in a row.  In no instance can the screening area include a primary and/or accessory building and/or any paved or unpaved surface intended for use by motor vehicles.  The depth of the screening area cannot be less than twenty-five feet nor exceed one hundred feet. (amendment S.T.M. 11/20/00)

SERVICE:  An establishment that provides personal services for the convenience of the neighborhood, including, without limitation, barber and beauty shops, shoe repair shops, bicycle repair, dry cleaners, laundries, self-service laundries, bakeries, martial arts, newsstands, pharmacies, photographic studios, duplicating services, automatic teller machines, and the healing arts (health treatments or therapy generally not performed by a medical doctor or physician such as physical therapy, massage, acupuncture, aromatherapy, yoga, audio logy, and homeopathy).  (added STM 11/19/07)

SIGN:  A device designed to inform persons of the activities conducted on the premises on which the sign is located.

SOLID WASTE FACILITY   A facility for handling, storage, transfer, processing, treatment of solid waste, including recyclables, as defined in 310 CMR 16.02, as from time to time amended.  (added at A.T.M. of 5/15/00)
STABLE, RIDING:  A building in which two or more horses are kept for remuneration, hire or sale.

STREET:  A street shall be defined as a way open to public use or way approved by the Planning Board. (amended S.T.M. 2/12/90)

STREET LINE:  In the absence of a street layout the street line shall be defined as being 20 feet from the center of the road, unless planned otherwise by the Planning Board.

STRUCTURE:  A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, deck or the like.  Fences and retaining walls are deemed not to be structures. (added at A.T.M., 5/18/98)

WAREHOUSE AND DISTRIBUTION:  A building used for inside storage, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.; or take any action relative thereto. (added STM 11/19/07)

WIRELESS COMMUNICATIONS TOWER FACILITY - A tower or similar structure (with antennas, if any) designed to facilitate the following types of service: provision of cellular telephone service, personal communications service, and enhanced specialized mobile radio service.  (added Special Town Meeting 2-10-97)

YARD, FRONT:  Front yard shall mean a space extending for the full width of the lot between the front line of the nearest building wall and the street line.

YARD, REAR:  Shall mean space, unoccupied, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

YARD, SIDE:  Shall mean an unoccupied space extending for the full length of a building wall and the side lot line.  

Yard requirements for lots located on the corners of two streets shall be considered at two (2) front yards, one side yard, and one (1) rear yard.

FOR ANY DEFINITION NOT FOUND HEREIN—REFER TO SECTION 200 MASS.  STATE BUILDING CODE. (added S.T.M. 2/12/90)









































ARTICLE ELEVEN:  WATER RESOURCE PROTECTION OVERLAY DISTRICT
(added Annual Town Meeting May 21, 1990)
(amended Annual Town Meeting May 18, 1992)

11.1                    PURPOSE:

The purpose of the Water Resource Protection Overlay District is to protect the public health of the residents of the town of Raynham from contamination of existing and potential public groundwater supplies and to protect, preserve and maintain the aquifers and recharge areas of existing and potential groundwater supplies within the town as sources of public water.

11.2    DEFINITIONS:          

Aquifer:  A geologic formation composed of saturated, permeable material that contains significant amounts of potable groundwater capable of being withdrawn for public use.

Groundwater:  All subsurface water that saturates the openings in rocks and unconsolidated deposits.

Hazardous Material:  Any substance or combination of substances, including any liquid petroleum product, that, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if generated or disposed of into or on any land or water in this town.  Any substance deemed a “hazardous waste” in Massachusetts General Laws Chapter 21C, as amended, shall also be deemed a hazardous material for purposes of this bylaw.

Impervious Surface:  Natural or manmade material on or above the ground that does not allow surface water to penetrate into the soil.

Lot Coverage:  The percentage of any lot covered by impervious areas shall not include wetland resource areas, as defined by the Massachusetts Wetlands Protection Act, as from time to time amended. (added ATM  05/16/05)            

Outdoor Storage:  Any storage that is not in a structure with roof, floor and at least three side, all of impervious material.

Public Well:  A well providing potable water to at least 15 service connections or serving on a regular basis at least 25 people.

Recharge:  The process by which water is added to the saturated zone of any aquifer either by direct infiltration of rainfall or by indirect inputs from
surface sources or from adjoining subsurface sources and whether by reason of natural flow or by reason of pumping from a present or future well.

Recharge Area:  Any area of porous, permeable geologic deposits, especially, but not exclusively, deposits of sand and gravel, through which water from any source will recharge an aquifer.
Solid Waste:  Any solid material, putrescible or nonputrescible, combustible or nonconbustible, including, but not limited to, garbage, rubbish, stumps and brush but not including other vegetative material.

11.3    SCOPE OF AUTHORITY:          

The Water Resource Protection Overlay District is an overlay district and shall be superimposed on other districts established by this bylaw.  All regulations of the Town of Raynham Zoning Bylaw applicable to such underlying districts shall remain in effect, except that where the Water Resource Protection Overlay District imposes additional regulations, such regulations shall apply in addition to the regulations applicable to the underlying districts.

11.4                    DESCRIPTION OF ZONES

11.4.1          Certain Water Resource Protection Overlay District Zones are hereby established
within the Town.  These Zones contain aquifers and/or aquifer recharge areas as determined by standard geological and hydrogeologic investigations that have included observation wells, exiting boring data, geophysical techniques, pump tests, water samples and geologic maps.  These Zones have been modified in accordance with the provisions of section 11.4.3 below.

11.4.2          The boundaries of the Water Resource Protection Overlay District Zones are delineated
on a Geographic Information System Map at a scale of 1 inch = 1000 feet, dated May 19, 2008.*   This map, as it may be amended from time to time, is entitled “Town of Raynham Water Resource Protection Overlay District.”**  This map is on file in the office of the Town Clerk and is hereby made a part of this bylaw.  These boundaries reflect the best hydrogeologic information available as of the date of the maps.  Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located.  At the request of the owner(s), the town may engage a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation. **  Added at A.T.M. 05/15/06

The new boundaries are shown on the map below. *  

        (* Amended ATM 05/19/08)

11.4.3  The boundaries of the Water Resource Protection Overlay District
Zone have been adjusted to include wetlands and bodies of surface water surrounded by or adjacent to recharge areas and to follow property lines or street lines or identifiable physical features to facilitate locating them on the ground.

11.4.4          The Water Resource Protection Overlay District Zone includes
                       the following Zones:

ZONE I:  The area within a 400 foot radius of an existing
public well.

ZONE II:  The area above that portion of any aquifer that
will contribute water to an existing public well, as determined
by standard geologic and hydrogeologic investigation, under the
most severe recharge and pumping conditions that can be
realistically anticipated, that is pumping at a maximum safe yield
for 180 days without recharge.
ZONE III: The recharge area to an existing public well
or the area that is expected, based on current information
derived from standard geologic and hydrogeologic
investigation, to recharge a future public well.

11.5           REGULATED ACTIVITIES:  

Each activity referred to in the following table of regulated activities is intended to
Have the same meaning as any equivalent use or activity specified in the Raynham
Zoning Bylaws.








TABLE OF REGULATED ACTIVITIES
KEY:    N - PROHIBITED                          SPZBA - SPECIAL PERMIT ZONING
        Y – PERMITTED                                                  BOARD OF APPEALS



















                                                                                                                       ZONE I                           ZONE II                         ZONE III  

11.5.1  PROHIBITED USES:

                        Disposal of hazardous                                           N                                               N                                                N
              Materials        

Dry Cleaning processing plants                          N                                               N                                               N

Outdoor storage of un-
contained fertilizers,
herbicides and pesticides                                       N                                               N                                                N
Outdoor storage of un-
covered, uncontained                                                    N                                               N                                                N
manure

Junk Yards                                                              N                                               N                                                N

Outdoor storage of
uncontained (added
A.T.M. 5/18/92) salt
and de-icing chemicals                                          N                                               N                                                N

Discharge of industrial
process waste (treated                                          N                                               N*                                               N*
and untreated) to surface
       water or groundwater
Commercial piggery                                              N                                               N                                                N

Floor drains which drain directly
into the ground as per
Massachusetts regulations
310CMR 22.21(2)(a)8  **                                         N                                               N                                                N
Earth removal within four
feet of the historic high
water table as per
Massachusetts Regulations
310 CMR 22.21 (2)(b)6  **                                       N                                               N                                                N

*              Not applicable to holders of a federal or state permit on the effect
date of this bylaw or to their successors in title. (For so long as the permit remains valid).
**              (added A.T.M 5/20/96)          
                                                                                                        
        
                                                                                                                ZONE I                            ZONE II                ZONE III

  • PROHIBITED USES (Continued )
(this section was added A.T.M. 5/18/92)

       Auto Graveyards, as                                                     N                                               N                                                N
defined in Massachusetts
General Laws Chapter 140B,
Section 1
Outdoor storage of                                                      N                                               N                                                N
uncontained soil conditioners
as defined in Massachusetts
General Laws Chapter 128,
Section 64
Landfilling of sludge                                                   N                                               N                                        SPZBA
and septage, as defined
in 310 Code of Massachusetts
Regulations 32.05
Privately owned sewage
treatment plant                                                         N                                               N                                        SPZBA
Facilities that generate
treat, store or dispose
of hazardous waste that                                         N                                               N                                       SPZBA
are subject to Massachusetts
General Laws Chapter 21C and
310 Code of Massachusetts
Regulations 30.00, except for
the following:
a.      very small quantity generators, as defined by 310 Code of Massachusetts Regulations 30.00;

b.      household hazardous waste collection centers and events operated pursuant to 310 Code of Massachusetts Regulations 30.390;

c.      waste oil retention facilities required by Massachusetts General Laws, Chapter 21, Section 52A; and

d.      water remediation treatment works approved under 314 Code of Massachusetts Regulations 5.00.




ZONE I                  ZONE II                 ZONE  III

11.5.2  SPECIAL ACTIVITIES:           
 
Storage of liquid (added                     
         “liquid” and Y**’s at
A.T.M. 5/18/92) hazardous                              N                                       Y**                                     Y**          
 material                                                                                       Y***                                    Y***

Storage of liquid
petroleum products except                               N                                       N                                       SPZBA
for storage in a
freestanding container
within a building or
above ground storage of
fuel oil for consumptive
use on the premises
Earth removal or mining
operations in accordance                                N                                       Y                                               Y
with Raynham Bylaws

Discharge of liquid
wastes that require                                             N                                       SPZBA                   SPZBA
DEP approval

Dumping of salt-
               contaminated snow                                               N                                       N *                             SPZBA
                Municipal landfill                                              N                                       N                                        SPZBA
      
                Non-sanitary wastewater                                 N                                       N                                       SPZBA
treatment facilities
as per 310 CMR
22.21 (2)(b)3  (added A.T.M 5/20/96)

                        *       Amended A.T.M. 5/20/96         

 **     If stored pursuant to 310 Code of Massachusetts Regulations,
          Section 22.21

***     If stored pursuant to 310 CMR 22.21 (2)(b)2 (added A.T.M. 5/20/96)





ZONE I                    ZONE II                       ZONE III

  • SPECIAL ACTIVITIES, (Continued)
(this Section of 11.5.2 was added A.T.M. 5/18/92)

Private landfills
and open dumps                                                  N                                               N                                        SPZBA

Storage of sludge                                                       
and septic                                                                              N                                               Y***                             Y***
                                                                                                                                                        Y****                           Y****

Storage of liquid
petroleum products                                      N                                       N                               SPZBA
except if stored pursuant
to 310 Code of Massachusetts
Regulations, Section 22.21
11.5.3  RESIDENTIAL ACTIVITIES         

Detached single-family
               dwelling                                                                N                                       Y                                Y
    
                Conversion of dwellings                                         N                                       Y                                       Y
                Residential subdivision                                                 N                                       Y                                       Y
                Mobile home park                                                N                                       Y                               Y
                Multi-family development                                        N                                       Y                               Y
  





 
  ***  If stored pursuant to 310 Code of Massachusetts Regulations,
                                  Section 32.3-31

****  If stored pursuant to 310 CMR 32.30 and 32.31          
 
 




                                                                                                        ZONE I          ZONE II         ZONE III

11.5.4  COMMUNITY ACTIVITIES

Churches or other
religious uses                                                                          N                       Y                       Y

Facilities or areas for
recreational purposes                                                   N                       Y                       Y
not operated for profit

                        Hospital or nursing home                                                        N                       SPZBA                   Y
                        Cemetery                                                                        N                       SPZBA                   Y
Municipal or education use                                              N                       SPZBA                   Y
Municipally owned waste-
                       water treatment plant                                                   N                       SPZBA                   SPZBA
11.5.5  AGRICULTURAL ACTIVITIES          
 
Conservation, open space,
horticulture and flori-                                                         N                       Y                               Y
culture except a greenhouse     
or stand for retail sale of
products which are not all
raised on the premises
Year-round greenhouse or
nursery stand for whole-
sale and retail sale of                                                         N               SPZBA                   SPZBA
agriculture, forestry,
nursery or farm products
which are raised on or off
the premises
Agriculture tree nurseries
               and orchards                                                                    N               SPZBA                   SPZBA
                Forestry                                                                        N                    Y                             Y
 






                                                                                                        ZONE I                  ZONE II                  ZONE III
11.5.6  BUSINESS ACTIVITIES
          
                        Establishments selling                                                          N                               SPZBA                            Y
       goods at retail

Business or professional                                                        N                               SPZBA                           Y
offices
       
Bank                                                                                    N                               Y                                Y
                        Restaurant or other                                                             N                               SPZBA                            Y
eating place

Hotel, inn or motel                                                             N                                SPZBA                          Y

Combined business and
residential use in accor-
dance with applicable                                                           N                                 Y                             Y       
zoning bylaw of the
Raynham Bylaws
                        Lodge or club                                                                   N                               SPZBA                            Y
        
Convalescent home or                                                    N                               SPZBA                           Y
sanitarium
       
                        Funeral establishment                                                           N                               SPZBA                           Y
                        Veterinary hospital                                                             N                               SPZBA                            Y
Establishments for
    boarding, renting and                                              N                               SPZBA                                   Y
sale of animals
Personal service estab-
lishment                                                                                 N                              SPZBA                   Y
Facilities or areas
operated for profit for                                                         N                               SPZBA                           Y
recreational purposes

Car Wash                                                                        N                               N                                       SPZBA


ZONE I                          ZONE II                         ZONE III

  • BUSINESS ACTIVITIES (Continued)
Automotive service stations
repair establishments and                                       N                                       N                               SPZBA
garages
Sale of motorized                                                       N                                       SPZBA                           Y
vehicles

11.5.7  INDUSTRIAL ACTIVITIES          

                        Warehouse as a principal                                        N                                       SPZBA                           SPZBA
use

Repair of trucks and                                                    N                                       N                                                Y
heavy equipment

Light manufacturing                                             N                                       SPZBA                           Y

11.6            RESIDENTIAL LOT REQUIREMENTS WITHIN A ZONE II          
 
11.6.1  Residential lots without benefit of Town Sewerage will be a minimum of 60,000 square feet.  

Pursuant to 310 Code of Massachusetts Regulations, Section 22.21, 110 gallons per quarter acre per day of septage is allowed to be discharged into the ground.  (added A.T.M. 5/18/92).

11.6.2  Residential lots serviced by Town Sewerage will be a minimum of 45,000 square feet.

11.6.3  Not more than 15% of any residential lot shall have impervious surface; provided, however, that, by special permit, a larger percentage of a residential lot may have impervious surface if the special permit granting authority (Zoning Board of Appeals) finds that a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.

11.7            BUSINESS AND INDUSTRIAL LOTS

Those business and industrial uses that are permitted in the ZONE II area must meet the following requirements:

11.7.1  Render impervious surface not more than 15% (*changed from 20% at A.T.M. 5/18/92) of any lot and develop the remainder such that there is no increase in run off over that experienced prior to development, provided, however, that by special permit, a larger percentage of a business or industrial lot may have impervious surface if the special permit granting authority (Zoning Board of Appeals) finds that a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.

11.7.2  Parking facilities and drainage structures shall permit no increase in run off from the site.
11.7.3          No stormwater shall be permitted to be recharged to the groundwater
before passing through oil and grease traps and sediment traps.  These traps will be constructed, operated, and maintained in a manner acceptable to the Raynham Highway Department, Board of Health, Conservation Commission and all other Boards and Officials deemed appropriate.

11.7.4  Pursuant to 310 Code of Massachusetts Regulations, Section 22.21, 110 gallons per quarter acre per day of septage is allowed to be discharged into the ground.  (added A.T.M. 5/18/92).

11.8            ROADWAYS AND DRAINAGE

11.8.1   All roadways and drainage structures will be designed for the twenty-five (25) year storm event to achieve zero (0) run off from the site.

11.9             ADMINISTRATION AUTHORITY          
 
11.9.1    The Zoning Board of Appeals is established as the Special Permit Granting Authority (SPGA) for
     the purposes of this bylaw.

11.9.2    All Special Permits are subject to Massachusetts General Laws (as amended) Chapter 40A
          Section 9.

11.10   APPEAL          

Appeal from any decision of the applicable SPGA may be done in accordance with the provisions of Massachusetts General Laws (as amended) Chapter 40A Section 17.




ARTICLE TWELVE - WIRELESS COMMUNICATIONS SERVICES
(added Special Town Meeting February 10, 1997)
 
12.1            PURPOSE         
 
The purpose of this section is to minimize adverse impacts of wireless communications facilities, satellite dishes and antennas on adjacent properties and residential neighborhoods; minimizing the overall number and height of such facilities to only what is essential, promoting shared use of existing facilities to reduce the need for new facilities.  Specifically, the Wireless Communication Services article has been created to:
A.      protect the general public from hazards associated with wireless communications towers; and

B.      minimize visual impacts from wireless communications towers in residential districts within Raynham.
 
For the purpose of this section, “wireless communication services” shall mean the provision of the following types of services:  radio, television, cellular telephone service, personal communications and enhanced specialized mobile radio service.  Such services, it is anticipated, will be provided via wireless communications towers, including antennas and accessory structures, if any.

Antennas and directly related facilities used exclusively for communications for the purpose of federally licensed amateur radio operators, shall be exempt from the requirements of Article 12.

12.2            EXISTING FACILITIES   

Antennas and/or transmission devices can be located on existing public utility structures that technologically can be utilized.  The following requirements must be met:
A.      The antennas and/or transmission devices must be colored or painted to blend in with the landscape or the structure on which they are located.

B.      Accessory structures associated with the service that are necessary shall be designed to architecturally blend-in with the surrounding building(s) and/or structures.  Existing tower facilities that are utilized for new services shall be in conformance with Section 12.18.

C.      Accessory structures shall be screened (year-round) with vegetation from residentially occupied buildings and public ways.

D.      If applicable, a written statement shall be supplied to the Building Inspector that the proposed facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public health.
  12.3         GENERAL REQUIREMENTS       

No wireless communication facility or facilities, which shall include monopoles, shall be erected except in compliance with the provisions of this Article.  In all cases, a Special Permit is required from the Zoning Board of Appeals (the “Board”).  All other sections of the Zoning By-laws are superseded by this article.  Any proposed extension in the height of a facility, the construction of a new facility or replacement of a facility shall be subject to a new application for a Special Permit.
12.4            SUBMITTAL REQUIREMENTS   
 
As part of any application for a special permit, an applicant shall submit at a minimum six (6) copies of the following:

The site plan prepared by a professional engineer at a scale of 1” = 40’ which will show the following:

1.  Tower location, including guy wires, if any, and tower height.
       2.  Accessory building or structures for switching equipment
       3.  Topography at five (5) foot contour intervals
       4.  Other feasible sites, if any, shown on a separate plan
       5.  Fencing and landscaping
       6.  Access and parking
       7.  Lighting
       8.  Areas to be cleared of vegetation and trees
       9.  Site boundaries
       10.  Abutters
11.  Eight (8) view lines in a one (1) mile radius from the site, shown beginning at
True North and continuing clock-wise at forty- five (45) degree intervals       
                12. All other items required by Massachusetts Department of Public Health

12.5    The locus map at a scale of 1” = 1000’ which shall show all streets, bodies of water, landscape features, historic sites, habitats for endangered species within the parcel and within two hundred (200) feet of the parcel, and all buildings within the parcel and within five hundred (500) feet of the parcel.

12.6    Reports prepared by one or more professional engineers, which shall:

                               a. Describe the tower and the technical, economic and other reasons for the tower design.

b.      Demonstrate that the tower complies with all applicable standards of the Federal and State governments.

c.      Describe the capacity of the tower, including wattage of tower devices and including the number and type of transmitter receivers that it can accommodate and the basis for the calculations of capacity.

d.      Demonstrate that the tower and site comply with this regulation.
e.      Describe the antenna to be mounted and number of same.
12.7    Between submittal and the date of the advertisement of the public meeting, a balloon shall be put in place at the height of the proposed tower.  The balloon shall be of a size and color that can be seen from every direction for a distance of one (1) mile.  After the close of the public hearing, the balloon forthwith shall be removed.

12.8    USE RESTRICTIONS
 
A wireless communications tower and its appurtenances shall be located in accordance with the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) regulations in effect at the time of construction; further, the operation shall comply with all requirements of these agencies.  The tower (including antennas and accessory structures, if any,) may be erected only upon the issuance of a Special Permit by the Board of Appeals pursuant to Article 7.

a.      To the extent feasible, all service providers shall co-locate on a single tower.  Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten year period) technically practicable.

b.      New towers shall be allowed only upon a finding by the Board of Appeals that existing or approved towers cannot accommodate
        the wireless communications equipment planned for the proposed towers.

c.      Shared use of towers is required.  When technically not practical,
        towers shall be separated on the site so that, if the support structure of one fails, it will not strike another.

d.      In no event shall any such tower site be located closer than one (1) mile to any other such tower site.

e.      Tower height shall not exceed one hundred and twenty (120) feetabove the existing terrain in Residential Zoning Districts and shall not exceed one hundred and fifty (150) feet above the existing terrain in all other zoning districts.

f.      A tower shall not be erected nearer to any property line than a distance equal to the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.

g.      Distance from all residentially occupied building(s) shall be at least five hundred
(500) feet.

h.      To the extent feasible, all network interconnections from the communications site shall be via land lines.

12.9    Clearing shall be performed in a manner which will maximize preservation of natural
beauty and conservation of natural resources and which shall minimize marring and scarring of the landscape or silting of streams.
                
a.      The time and method of clearing right-of-way should take into account soil stability, the protection of natural vegetation, the protection of adjacent resources, such as the protection of natural habitat for wildlife, and appropriate measures for the prevention of silt deposition in watercourses.

b.      Clearing of natural vegetation should be limited to the material which poses a hazard to the tower.
c.      The use of “bush blades” instead of dirt blades on bulldozers shall be used in clearing operations where such use will preserve the cover crop of grass, low growing brush or other vegetation.

d.      Areas should be cleared only when necessary to the operation, maintenance, and construction of the tower.

12.10   The tower shall minimize, to the extent feasible, adverse visual effects on the environment.  
The Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards.

12.11   Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways, and access shall be provided to a site by a roadway which respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Zoning Board of Appeals to assure emergency access at all times.  Consideration shall be given to design which minimizes erosion, construction on unstable soils and steep slopes.

12.12   Applicants proposing to erect wireless communications towers, accessory facilities and structures on land or structures shall provide evidence of contractual authorization from the owner(s) to conduct wireless communications services on the property.

12.13   Any extension or construction of new or replacement towers of transmitters shall be subject to an amendment to the Special Permit, following the same procedures as for an original grant of a special permit.

12.14   Setback from designated wetlands, water bodies and areas with a slope in excess of five (5) percent shall be at least one hundred and fifty (150) feet.

12.15   Fencing shall be provided to control access to the base of the tower, which fencing shall be compatible with the scenic character of the Town and shall not be of barbed wire or razor wire.

12.16   The applicant shall demonstrate to the satisfaction of the Zoning Board of Appeals that the location of the tower is suitable and that the size and height is the minimum necessary for the purpose.

12.17   There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four (24) hour basis.  All signs shall conform with the sign requirements of this By-law and shall be subject to review.

12.18   Accessory uses shall be limited to one (1) structure per use per tower, but shall not exceed ten (10) structures per tower. (amended ATM 05/2007)  Each structure shall not exceed four hundred (400) square feet in size and ten (10) feet in height, and shall be designed to architecturally blend in with the surrounding buildings or structures.

12.19   DEVELOPMENT REQUIREMENT - Visual impacts of the tower shall be minimized.         
                        
a.      Accessory uses shall be screened (year-round) with vegetation from residentially occupied buildings and public ways.

b.      All towers shall be monopole in type.

c.      Silver paint or a galvanized finish shall be used on the tower above the tree line to blend in with the skyline.  Green paint or an earth tone color shall be used on the tower below the tree line to blend in with the landscape.

d.      Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration.  Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

e.      Siting shall be such that the view of the tower from other areas of Town shall be as minimal as possible.

f.      The tower shall be designed to accommodate the maximum number of uses technologically practical.

12.20           CONDITIONS OF USE AND NON-USE         
 
All unused towers or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner’s expense.

a.      The tower and its transmission shall comply in all respects with the current standards of the American National Standards Institute (ANSI) and the National Council for Radiation Protection (NCRP), whichever are stricter.

b.      If new technology is developed which is determined by the SPGA to be safer and less obtrusive to the landscape, it shall be substituted.

  • PERFORMANCE GUARANTEE         
Insurance in a reasonable amount determined and approved by the Board of Appeals after consultation at the expense of the Applicant with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities.  Annual proof of said insurance shall be filed with the Town Clerk.




  • OPERATION          
Monitoring, testing and inspection shall be in accordance with the Regulations of the Massachusetts Department of Public Health.
 
12.23   EXEMPTIONS         

The following types of wireless communications towers are exempt from this Article:

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that:  

the tower is not used or licensed for any commercial purpose;      and,
the tower must be removed if the use is discontinued for six months.

Towers used for the purpose set forth in M.G.L. Chapt. 40A,
Section 3.
ARTICLE THIRTEEN - SITE PLAN APPROVAL
(added at Special Town Meeting of December 9, 1997)

13.1            PURPOSE:        
 
The purposes of site plan approval are to protect the health, safety, convenience, and welfare of the inhabitants of the Town of Raynham by providing a comprehensive review of land use and development plans to ensure that the following issues have been addressed:
a.      The location of buildings, uses and other site development are properly located on a site;

b.      Adjacent properties are protected from nuisance caused by noise, fumes, and glare of lights;

c.      Significant natural features on a site are preserved as much as possible (i.e., hills, water bodies, wetlands, trees, tree groves, wooded areas, rock outcrops, native plants, wildlife habitats, and other areas of aesthetic and ecological interest);

d.      Adequate parking, loading facilities, drainage and methods of solid waste disposal are provided on site; and

e.      Pedestrian ways, access driveways, loading and parking facilities are properly designed and operated for public convenience and safety.  Public or private ways are properly designed and constructed to serve the intended use and provide an adequate level of service.

f.      Buildings are designed to promote the social and economic viability in order to preserve property values and promoting the aesthetic values of the town.

13.2            Projects Requiring Site Plan Approval
An applicant may simultaneously submit an application for a Special Permit or Special Permits that are required by the Planning Board together with their application for (italicized portion added at 5/21/01 A.T.M. adjourned session on 5/23/01) Site Approval.  A building permit shall not be issued for any of the following, unless a site plan approval has been granted by the Planning Board (highlighted sections amended at STM of 2/9/99):

a.      Any new construction exceeding twelve hundred (1200) square feet in non-residential gross floor area or any non-residential addition exceeding twelve hundred (1200) square feet.  For the purposes of this section, hotels, motels, rooming houses, nursing homes, elderly care homes, etc., shall be considered nonresidential. (section amended at A.T.M. 05/15/06)

   b.  Any renovation or change of use which requires the addition of more parking spaces irrespective of existing parking spaces or the relocation of existing parking spaces, the relocation of the building entrance and/or the relocation of the site entrance to accommodate the renovation or change of use. (highlighted portion added ATM 5/29/03)

Any multi-family buildings in excess of two (2) family units.
The construction of parking spaces for non-residential uses on any surface greater than four hundred (400) square feet will require site plan approval. (section added at A.T.M. 05/15/06)

The conversion of a residential property either vacant or occupied to a non-residential use will require site plan approval. (section added at A.T.M. 05/15/06)

Large-scale ground-mounted photovoltaic installations. (added at S.T.M. 10/29/12)

Note:  The Planning Board may determine the project is subject to an abbreviated site plan approval in accordance with Planning Board Rules & Regulations Governing the Issuance of Site Plan Approval as most recently amended. (section added at A.T.M. 05/15/06)

  • Procedure:
a.      Any person desiring approval of a site plan shall first obtain an Application for Site Plan Approval from the Planning Board office.  Prior to filing a Site Plan Application, the applicant is encouraged to review the proposed site plan with the Town departments, boards, and commissions listed on the application.  The purpose of this pre-filing review is to give the applicant advice and comments prior to submitting a Site Plan Application and thus avoid unnecessary time and cost to the applicant due to unforeseen problems and issues with a submitted site plan.

b.      At the time of filing, the applicant shall submit eleven (11) copies of a completed Site Plan Application and eleven (11) copies of the Site Plan, conforming to all requirements listed in the Zoning By-laws, together will all pre-filing comments received, to the Planning Board.  The Planning Board agent will file a copy of the Site Plan application and a copy of the Site Plan with the Town Clerk.  Site Plans will be circulated by the Planning Board agent to the Fire, Police, Planning, Inspector of Buildings, Sewer, Water, Highway Departments, Conservation Commission, and the Board of Health.  Municipal reviewers must respond in writing within 15 days or it shall be deemed said department has no comment(s).  Additionally, the comments shall be available to the applicant and the public.  For large-scale ground-mounted photovoltaic installations the applicant shall instead follow the Site Plan Review application and plan requirements set forth in Article 19, Section C (2).  (highlighted portion added at S.T.M. 10/29/12)

13.4            Application:
Any application shall be filed in accordance with the Planning Board Rules and Regulations as most recently amended.

13.5            Requirements:
All Site Plans shall be prepared in compliance with the Raynham Zoning Bylaws and the Planning Board Rules and Regulations as most recently amended.

13.6            General Conditions of Approval:
In considering a site plan under this Section, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located:

a.      protection of adjoining premises against seriously detrimental or offensive uses on the site;

b.      convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements;

c.      adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses on the site, and the methods of drainage for surface water from its parking spaces and driveways;

d.      adequacy and safety of storage facilities/methods for fuel, refuse, vehicles and other material and equipment incidental to the use of the site;

e.      provision for emergency access and operations within the site;

f.      provision for off-street loading, unloading, and parking of vehicles incidental to the normal operation of the establishment.

13.7            Authority:
The Planning Board shall have the power to require that technical data and study results be provided by the applicant to support the site plan and resulting findings.

13.8            Approval:
a.      Final action on the site plan shall be taken by the Planning Board after a public
       hearing has been held and within sixty (60) days of its submission to the Planning Board.  A note shall be placed on the plan stating, “The above endorsement is not a determination as to compliance with zoning regulations.”

b.      Failure of the Planning Board to act within the above-prescribed sixty (60) days shall be deemed an approval and the Planning Board shall forthwith make such endorsement on said plan, and on its failure to do so, the Town Clerk shall issue a certificate to the same effect.

c.      One (1) copy of the approved site plan, signed by the Planning Board, shall be forwarded to the Building Inspector within five (5) days of final Planning Board action.

 d.    No permanent occupancy permits shall be issued for any building or structure, or portion(s) thereof, until:

1.      The Planning Board receives an As-Built plan prepared by a Professional Land Surveyor along with certification from a Registered Professional Engineer that all construction (including utilities) has been done in accordance with the approved site plan; and

2.      The Planning Board or the Planning Board’s designated agent verifies that the site plan and any conditions of the approved site plan have been met.  (highlighted portions  amended at S.T.M. of 11/20/00)

e.      Temporary occupancy permits may be issued for a portion of any building or structure, provided security is posted for the remaining work.  The security shall be posted with the Town Treasurer in the form of a certified check or bank check.  No portion of the security posted shall be returned until issuance of the final occupancy permit.  The amount to be set by the Planning Board or Planning Board’s designated agent.  The time to complete such outstanding work will be a part of the Temporary Occupancy Permit.  The amount of time to complete said work shall be within reason, which will be determined by the Planning Board or Planning Board’s designated agent.  (amended at A.T.M. of 05/21/12)
 
13.9    Administration:
a.      The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this section, including additional regulations relating to the scope and format of reports required hereunder.
        
b.      The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section.  No application shall be considered complete unless accompanied by the required fees.

c.      The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.

13.10   Maintenance:
All access ways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained by the property owner or the lessee and repaired or replaced wherever and whenever necessary to insure continued compliance with the approved site plan.

13.11  Modifications to Approved Site Plans:
a.      In the event a modification is made to an approved site plan, the applicant shall submit to the Planning Board a written description of the proposed modifications and eleven (11) copies of a revised site plan showing such modification.  Modified site plans will, in most instances, be subject to the same review and hearing procedures as was the original filing.

b.      However, for small and insignificant modifications, the Planning Board may determine that a particular modification does not warrant an additional public hearing.  Such a determination shall be made only after written request and eleven (11) copies of the plan showing the modifications have been submitted to and reviewed by the Planning Board.  A determination that a modification will not require a public hearing shall be made by the Planning Board.  A determination that a modification will not require a public hearing shall be made by the Planning Board within twenty-one (21) days of receipt of the written request and plans, and only after the Planning Board has found that the proposed modification is not significant and is consistent with the previously approved site plan.  A copy of the determination and revised plan shall be filed with the Town Clerk, Building Inspector, and Engineering.  Failure by the Planning Board to act on the request for determination of a modification within twenty-one (21) days shall be deemed as approved.

13.12   Appeals:
Any person aggrieved by a decision of the Planning Board under Article 13 may appeal said decision in accordance with M.G.L. Chapter 40A, Section 17.
 





ARTICLE 14 - OPEN SPACE PRESERVATION
(added at Annual Town Meeting of May 18, 1998)

14.1            Purpose
To provide for the public interest by permanently preserving open space and natural landscape features, and to promote variety in SINGLE FAMILY residential housing patterns by encouraging development which is designed to accommodate a site’s physical characteristics such as:  topography, vegetation, water bodies, wetlands, open spaces, farmlands, meadows, major scenic views, wildlife habitats, and to reduce the amount of infrastructure needed through conventional patterns of development.

14.2            General Requirements
a.      A tract of land consisting of not less than five (5) acres, within Zoning Districts Residential A and Farm & Forest serviced by Town Water or Sewer may be developed for the construction of SINGLE FAMILY DWELLINGS under the Open Space Preservation Bylaw.

b.      Development under Open Space Preservation may only be authorized by a Special Permit granted by the Planning Board in accordance with M.G.L. Ch. 40A, Planning Board Rules & Regulations governing the Subdivision of Land in Raynham as most recently amended, and Planning Board Rules and Regulations governing the issuance of a Special Permit.

c.      The number of BUILDING LOTS in a tract to be developed under the Open Space Preservation Bylaw shall not exceed the number of BUILDING LOTS of said tract permitted under the intensity of use regulation of the Raynham Zoning Bylaws as most recently amended and Planning Board Rules and Regulations as most recently amended  (conventional subdivision plan).

14.3            Intensity Requirements:
The Planning Board may grant a reduction of all intensity regulations of the underlying zoning bylaws for all portions of an Open Space Preservation development if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw, provided that in no instance shall any LOT deviate from the following Minimum Requirements.

        


MINIMUM DIMENSIONAL REQUIREMENTS
                                                                                               Residential A           F       arm & Forest
                        Minimum area                                                    20,000 sq. feet                 40,000 sq. feet
                       Minimum upland                                                  10,000 sq. feet                         20,000 sq. feet
                       Minimum frontage                                                        100 feet                                 100 feet
                       Minimum front yard setback                               20 feet                                  30 feet
                       Minimum side & rear setbacks                            *10 feet                                  15 feet
                          
*  Setbacks for side and rear yards shall be guided by the characteristics of the site, proposed
structures, the nature of the existing built environment in the area, and principles of good site planning.  Zero lot line development may be permitted.

** Frontage on a cul-de-sac may be 50 feet, but must have a lot width of 100 feet, measured
45 feet back from said lot’s front property line.

  (**  added at ATM 5/29/03)

14.4            Development Standards

Prior to issuance of a Special Permit for Open Space Preservation development, the
APPLICANT shall submit the information necessary to demonstrate that the following development standards have been met:

a.      The natural landscape is preserved in large contiguous areas enhancing
the likelihood of continuation of existing ecosystems.

b.      Extensive topographic changes necessitating vegetation and tree
                                       removal is minimized.

c.      Scenic views from public ways are preserved.  All efforts shall be              
made to avoid driveway cuts on existing public ways.

d. Contiguity with preserved open space is provided for a large
               proportion of the LOTS having reduced LOT area.

e.      There is variation in LOT sizes and BUILDING arrangements.

f.      Open space is used to protect valuable natural environments such as
stream valleys, outstanding vegetation or scenic views.  Development of
                                       geographically unsuitable land is avoided.

g.      The character of the neighborhood in which the tract lies is enhanced.
        
h.      The development will improve pedestrian and vehicular safety
within the site and will not cause unreasonable traffic congestion or unsafe conditions.


i.      The development will provide for and maintain convenient and safe
emergency vehicle access to all BUILDINGS and STRUCTURES at all times.

  • The site shall be developed in such a way as to preserve slopes in excess of ten (10%) percent.
k.      Roads shall be designed to follow the natural terrain of the site.

14.5            Open Space Use and Design Standards
  • The open space may be used for active and passive recreation,
       conservation, forestry, agriculture, natural buffers, and/or structures
necessary for approved uses subject to approval of the Planning Board.
 
  • Provision shall be made so that at least forty (40%) percent of the tract
                                        of land shall remain open space.  This shall not include land set-aside
      for roads and/or parking spaces.

c.      Where possible, existing trees and vegetation shall be preserved and
      integrated into the landscape design plan to ensure visual privacy  
      between STRUCTURES, abutting properties and neighborhoods.

d.       No more than thirty (30%) percent of the required open space shall
     consist of wetlands as defined in M.G.L., Chapter 131.
        
                                e.  Open space shall be planned as large contiguous areas wherever
possible, but may be in more than one parcel provided the size and  
shape of such parcels are appropriate and accessible for the intended
uses as determined by the Planning Board.

f.      No more than twenty (20%) percent of the open space shall be covered by man-made IMPERVIOUS SURFACES.  Natural looking drainage areas may be included in the percent man-made impervious surfaces.

g.      Affordable housing requirements:  For every ten (10) lots created under the provisions of this subsection, one (1) additional lot, located within the development, shall be made in perpetuity via deed restriction at terms affordable to persons or families qualifying as low and moderate income as defined by the Department of Housing and Community Development.  Such additional lot shall not count toward     the calculation of the basic number of units.  Such lots shall be subject to the approval of the Planning Board. (this section added at 5/21/01 A.T.M. adjourned session on 5/23/01)  In lieu of the above restriction the applicant may make a donation to the Raynham Housing Authority,      said donation to be used for the development of affordable housing, in the amount of $50,000 for each lot removed from the restriction.         (highlighted portion added at ATM 5/20/13)    

14.6            Site Improvements:

Streets and Utilities - All streets, sewers, drainage facilities, utilities, and other improvements shall be designed in compliance with the Rules and Regulations Governing the Subdivision of Land, Raynham, latest edition, unless waived as part of the Definitive Plan Certificate of Action.  In general, waivers may be granted when waivers will minimize environmental disruption and maintain rural character.  Examples of waivers are minimizing pavement width, rural drainage systems, curvilinear road layouts, and preservation of existing topography and natural features of the site.

14.7            Ownership and Management of Open Space:
A.       Ownership Options:  At the developer’s request, but subject to approval by the Planning Board, all areas to be protected as open space shall be:

1.      Conveyed at no cost to the town, subject to acceptance at Town Meeting for park or open space purposes. *  Land conveyed to the town should be open for public use; (* Amended at S.T.M. of 11/22/99)

2.      Conveyed at no cost to a non-profit organization, the principal purpose of which is the conservation or preservation of open space and/or any of the purposes and uses to which the open space may be dedicated, with a conservation restriction as specified below, such organization shall be acceptable to the town as a bona fide conservation organization;
3. Conveyed at no cost to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. “homeowners association”) and placed under a conservation restriction.  If such a corporation or trust is utilized as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units.  The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners’ association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space.  The Planning Board shall require the applicant to provide documentation that the homeowners’ association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision; and/or

B.  Permanent Restriction:  In any case where open space is not conveyed to the town, a permanent conservation restriction or an agricultural preservation restriction shall be recorded to prevent future residential development of said parcel(s).  A conservation restriction shall be in accordance with Massachusetts General Law Chapter 184, Section 31-33 as most recently amended. An Agricultural Preservation Restriction shall be in accordance with Massachusetts General Law Chapter 132A, Section 11a-d as most recently amended.  Restrictions shall provide for periodic inspection of the open space by the town.  Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court prior to the conveyance of any building lot.  A management plan may be required by the Planning Board, which describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.

C.      Maintenance of Open Space.  In any case where open space is not conveyed to the town, the town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land.  Such easement shall provide that in the event that the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance.  The cost of such maintenance by the town shall be assessed against the properties within the development and/or to the owner of the open space.  The town may file a lien against the lot or lots to ensure payment of such maintenance expenses.

D.      Monumentation:  Where the boundaries of the open space are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the open space.

14.8            Application Process:
The application process for Open Space Preservation is comprised of two steps, as outlined below.

A.       Concept Plan/Preliminary Plan:
The plan must be prepared and stamped by a professional landscape architect in addition  to a civil engineer or land surveyor, all registered in  Massachusetts, and shall meet all the requirements of a preliminary plan as  specified in the Raynham Subdivision Rules and Regulations.  It shall also contain the following information:

1.       Location of the proposed roads, BUILDING LOTS, DWELLINGS, and open space layout and uses;
2.  Existing landscape features such as steep topography, wetlands, springs, lakes and ponds, streams, rock outcrops, boulder fields, stone walls, cliffs, forest glades, drumlins, high points, hill tops and ridges.  Existing open areas such as farm fields, meadows, and major long views.

  • Also required is a preliminary plan of a conventional subdivision to     illustrate   
         the number of LOTS, which could be developed.  The burden of proof shall
be upon the APPLICANT in determining the allowable number of BUILDING LOTS.  
 The Planning Board reserves the right to challenge the status of any LOT.

C.      If the concept/preliminary plan is approved for an Open Space Preservation development, the APPLICANT shall submit a Special Permit application in conformance with the Planning Board Rules and Regulations governing the issuance of a Special Permit.  The APPLICANT shall submit a Definitive Plan in conformance with the latest edition of the Rules and Regulations Governing the Subdivision of Land, Raynham, MA.

D.      In exercising its jurisdiction under this Section, the Planning Board shall conform to all requirements and procedures applicable to a SPECIAL PERMIT GRANTING AUTHORITY when deciding requests for Special Permits under Massachusetts General Laws, Chapter 40A, as amended, including the requirements therein for public notice and hearings.

E.      Public hearings for the Special Permit and Definitive Plan will be held concurrently when time requirements permit.  In such an event, the hearing notice and a statement at the public hearing shall clearly identify both purposes and shall comply with the applicable requirements of General Laws, Chapter 40A and Chapter 41, as amended.  The Planning Board shall act separately on the special permit application and the Definitive Plan.  The denial of the special permit shall preclude the approval of the Definitive Plan of an open space preservation development, but the grant of a special permit does not mean the approval of the Definitive Plan.  Each action may include conditions and modifications.
 
Concurrent hearing and action on the open space preservation development Special Permit and the Definitive Subdivision Plan simplify the procedure and reduce costs.  Such concurrent proceedings shall be utilized whenever practicable.

14.9     Conditions of Approval:
 A.     The Planning Board may grant a Special Permit under this Section only if it
               finds that the Open Space Preservation development proposal:  (a) Will be
        in harmony with the general purpose and intent of this Bylaw; (b) Meets all General      Requirements, Development Standards, and Design Standards of this Bylaw; (c) Will not have a detrimental impact on the immediate neighborhood or abutting properties; (d) Is designed with due consideration for health and safety; and (e) Is superior to a conventional plan in preserving open space, minimizing environmental disruption and allowing for more efficient provision of services.

B.      The Planning Board shall state the ownership and management of open space in its decision and said open space ownership shall be recorded in the Registry of Deeds.

C.              No lot shown on a plan for which a permit is granted under this Section may
               be further subdivided and this shall be so noted on the plan.

D.              The Special Permit is granted for a period of two years and shall lapse if  
        substantial use or construction has not commenced by such date, except for
       good cause shown.  And provided further that such construction once begun
       shall be actively and continuously pursued to completion within a reasonable
       time.

       The Planning Board may impose further restrictions on the tract, or parts
               thereof, as a condition of granting the Special Permit, as follows:

1.      Measures to ensure the maintenance of scenic vistas.

2.      Specific approval of the uses allowed in designated open spaces and
                recreational STRUCTURES such as:  tennis courts, swimming pools,
accessory clubhouses, or any other STRUCTURES shall be submitted to
        the Planning Board for site plan approval.
3.      Designation of no-cut or limited clearing areas on LOTS.

4.      Granting of an easement providing and defining rights of public access.  
 
5.      Maintain or create a buffer of natural vegetation of at least twenty-five (25) feet in width adjacent to wetlands and at least forty (40) feet adjacent to surface waters.  Additionally, a buffer area at least one hundred (100) feet in width shall be created or maintained free of residential STRUCTURES adjacent to surface waters.

6.      A buffer strip of fifty (50) feet in width around the perimeter of the locus abutting an existing neighborhood.

The Planning Board may impose any additional conditions and/or safeguards which further the purpose of this Bylaw and which the Planning Board deems necessary to meet the Planning Board Rules and Regulations.

ARTICLE 15 - RATE OF DEVELOPMENT
(added at Annual Town Meeting of May 18, 1998)

  •  Purpose
The purpose of this bylaw is to promote orderly residential growth in the
Town of Raynham for a period of five years subsequent to July 1, 1998,   consistent with the rate of residential growth over the last fifteen (15) calendar years, to phase growth so that it will not unduly strain the community’s ability to provide basic public facilities and services, to provide the Town, its boards and its agencies, time, and capacity to incorporate such growth into the Town’s Master Plan for the community during the five year period, and to preserve and enhance existing community character and the value of property.

15.2             Applicability, Effect and Definitions:
  • For the purposes of this bylaw, the following terms shall have the
following meanings:

A.      “Development” shall mean a single lot or set of contiguous lots held in common ownership at any time on or after July 1, 1998, for which one or more building permits, for a dwelling unit or dwelling units will be sought.

B.      “Dwelling Unit” shall mean any single-family, multi-family or condo unit.

C. “Lot” shall mean an area of land in ownership either separate or  multiple, with definite boundaries ascertainable by a recorded deed or plan and used or set aside and available for use as the site of one or more buildings  
 
15.2.2  Beginning on July 1, 1998, no building permit shall be issued for a new dwelling unit or units unless in accordance with this bylaw or unless specifically exempted in section 15.4 below.

15.2.3  The maximum number of building permits for new dwelling units in a fiscal year (July 1 - June 30) shall be twenty-four (24).  If a subdivision is granted a special permit from the Planning Board acting through Article 16, Subdivision Phasing, the number of dwelling units allowed through the special permit will be exempted from this section. (Highlighted section added at A.T.M. of 5/15/00)

15.2.4          This bylaw shall expire on June 30, 2003.

15.2.5  The number of dwelling units for multi-family units will be divided by two (2) and this number will count towards section 15.2.3.
15.2.6  The Building Inspector shall not issue building permits for more than four (4) dwelling units to any one applicant in any fiscal year.

15.2.7  Residential building permits issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing the number of building permits for new dwelling units in a fiscal year.
15.3           Procedures:
The Building Inspector shall issue residential building permits in   accordance with the following procedure:

A.      The Building Inspector shall act on each building permit in order of submittal.  Any permit application that is deemed incomplete or inaccurate by the Building Inspector shall be returned to the applicant within twenty (20) days of submittal.  Any permit application returned by the Building Inspector shall require a new submittal.

B.      Complete applications shall be assigned a number by the Building        Inspector in order of acceptance and placed in a specific file.

C.      Building permits for up to two (2) new residential dwelling units shall be available each month.  Permits not issued in any month of the fiscal year shall be available in any subsequent month for issuance from the Building Inspector.

D.      Any building permits for a new residential dwelling unit not issued in any fiscal year shall be available for issuance in the   following fiscal year.

15.4           Exemptions:
  • The provisions of this bylaw shall not apply to, nor limit in any way, the granting of building and occupancy permits required for enlargement, restoration, alteration, or reconstruction of dwelling units existing on July 1, 1998.
 
15.4.2  Development projects which voluntarily agree to a minimum 40% permanent reduction in density below the density for the particular type of construction permitted in the applicable zoning district and feasible given the environmental conditions of the tract, with the surplus land equal to at least five (5) acres and permanently designated as open space and/or farmland.  The land to be preserved shall be protected from development by an agricultural preservation restriction, conservation restriction, and dedication to the Town, or other similar mechanism that will ensure its protection.

15.4.3  Housing developments built pursuant to a comprehensive permit issued under the provisions of M.G.L. c. 40B, 20 through 23.

15.4.4          Assisted Living as defined in M.G.L. c. 19D.

15.4.5  Any lot existing and not held in common ownership with an adjacent lot or lots on July 1, 1998 shall receive a one-time exemption for the purpose of constructing a single-family dwelling on said lot.

15.5           Relation to Real Estate Assessment
Any land owner who has been denied a development permit because of the provisions of this bylaw may appeal to the Board of Assessors, in conformity with M.G.L. c.59, ss59 for a determination as to the extent to which the temporary restrictions on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.

15.6           Zoning Change Protection:
The protection against subsequent zoning change granted by Massachusetts General Laws Chapter 40A Section 6 to land in a subdivision, in the case of a development whose completion has been constrained by this section, shall be extended by five (5) years.

15.7           Separability
The provisions of this bylaw are hereby declared separable, and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining provisions of this bylaw.
Article 16:  Subdivision Phasing
(added at Annual Town Meeting of May 15, 2000)

16.1    Purpose.  The purpose of this section, “Subdivision Phasing,” is to assure that growth shall phased so as not to unduly strain the town’s ability to provide public facilities and services in accordance with M.G.L. Chapter 41, Section 106B, the Town’s Ten Year Capital Plan from July 1, 2000 to June 30, 2010 and The Inter-municipal Sewer Agreement between the City of Taunton and the Town of Raynham dated October 3, 2006, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community’s desired rate of growth; and so that the town can study the impact of growth and plan accordingly. (amended ATM 05/2007)

16.2    Applicability.  The issuance of building permits for any tract of land divided pursuant to the provisions of G.L. c. 41, ss. 81K-81GG, the Subdivision Control Act, into more than 7 lots after the effective date of this by-law shall be subject to the regulations and conditions set forth herein.  This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of the effective date of this bylaw.

16.3    Phasing.  Not more than 10 building permits shall be issued in any twelve month period for construction of residential dwellings on any tract of land divided into more than 7 lots pursuant to any provision of G.L. c. 41, ss. 81K-81GG, the Subdivision Control Act. (amended ATM 05/2007)

16.4    Exceptions.  Issuance of more than 10 building permits for the same tract of land in a twelve month period may be allowed in the following circumstances (amended ATM 05/2007):

The owner of said land may apply for a special permit from the Planning Board for the issuance of more than 10 building permits in any twelve month period.  The Planning Board may grant a special permit only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit.  The Planning Board shall consider the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, preservation of unique natural features, planned rate of development, diversity of housing stock, and housing for senior citizens and people of low or moderate income, as well as conformance with the Master Plan prepared by the Planning Board pursuant to G.L. c. 41, s. 81D.  The Planning Board shall give particular consideration to proposals that (amended ATM 05/2007)

demonstrate a permanent reduction in allowable density of fifty percent (50%) or more; or

commit more than twenty percent (20%) of the dwelling units to persons of low or moderate  income, as those terms are defined for the Raynham area by the Department of Housing and Community Development, for a period of not less than thirty years (amended ATM 05/2007); or

commit more than twenty percent (20%) of the dwelling units to persons over the age of fifty-five; or

devote more than sixty percent (60%) of the tract to open space; or

rely exclusively on on-site wastewater for domestic purposes. (amended ATM 05/2007)

The owner of a tract of land to be divided into more than 105 lots, may
seek a special permit from the Planning Board which would authorize development at a rate not to exceed twenty percent (20%) of the units per year. (amended ATM 05/2007)

16.5            Zoning Change Protection.  The protection against subsequent zoning changes
provided by G.L. c. 40A, s. 6 to land in a subdivision shall, in the case of a development whose completion has been constrained by this section, be extended to fifteen (15) years.
        
16.6    Relation to Real Estate Assessment.  Any land owner denied a building permit because of these provisions may appeal to the Board of Assessors, in conformity with G.L. c. 59, s. 59, for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.
Article 17:     Transfer of Development Rights
(Added at Special Town Meeting of November 5, 2001)
(Amended Annual Town Meeting May 21, 2007))

17.1            Purpose and Intent

This bylaw enables the transfer of development potential from one area to another. The transfer of development rights (TDR) makes it possible to greatly restrict or even prohibit development entirely in one area called the Sending/Preservation Area and transfer those rights to another area called the Receiving Area where there are little or no impediments to higher density, such as an area serviced by public water and sewer. The density is transferred from a "sending" area to a "receiving" area.  By creating receiving areas as markets for the sale of unused development rights in the sending areas, TDR program encourages the maintenance of low-density land uses, open spaces, historical features, critical environmental resources, and other sensitive features of the designated sending areas.  When the owner of a sending area sells development rights to the owner of a receiving area, the purchaser thereby increases the development rights beyond otherwise permissible limits. In this manner, local governments can protect a variety of sensitive features while providing a mechanism to compensate any perceived diminution in land development potential.  The TDR program is consistent with the Raynham Master Plan to further the conservation and preservation of natural and undeveloped areas, wildlife, flora, and habitats for endangered species; the preservation of coastal resources including aquaculture; protection of ground water, surface water, as well as other natural resources; balanced economic growth; the provision of adequate capital facilities, including transportation, water supply, and solid, sanitary, and hazardous waste disposal facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; the development of an adequate supply of affordable housing; and the preservation of historical, cultural, archaeological, architectural, and recreational values. (amended ATM 05/2007)       

17.2   Definitions

Development Rights: Rights to develop a single-family house lot, expressed as the maximum number of lots permissible on a designated sending area or areas under the applicable zoning by-laws and subdivision rules and regulations in effect on the date of the determination. Development rights (house lots) are computed on a one- for-one basis. Development rights shall not be less than one-for-one; however, determination of the maximum number of development rights (house lots) available for transfer shall be made by the Special Permit Granting Authority (Planning Board) in accordance with Section 17.3.  The development rights will be forfeited on the sending area or areas once one development right is transferred from that sending area. (amended ATM 05/2007)
TDR Certificate:  Is a document that is recorded at the Registry of Deeds that identifies the Development Right(s) that were approved by the SPGA available for transfer to a sending area or areas. (amended ATM 05/2007)

Transfer of Development Rights (TDR):  The severance of development rights from a sending area or areas and the affixing of development rights onto a receiving area or areas.  A “receiving area” is defined as a lot or lots in a Residential A or B Zoning District. Development rights can be transferred to multiple areas.  The dimensional requirements for said receiving area or areas may be increased above existing zoning bylaw requirements (See Section 17.6) in order to accommodate the transferred development rights.  (amended ATM 05/2007)

Sending Area(s): An area or areas of land determined by the Planning Board to be of special importance to remain in a natural state because of its visual prominence, potential vista impairment, ecological significance, fragility, special importance as farmland, its value for recreation, future Town water supply, or because it is important to the Town’s Open Space Plan and/or Town’s Master Plan.  The sending area or areas must be residentially zoned.  (amended ATM 05/2007)

Receiving Area: A receiving area shall be a lot or lots within a Residential A or B Zoning District which are serviced by municipal water and sewer.  (amended ATM 05/2007)

  • Determination of Development Rights
(a)     To establish the development rights available for transfer, the Planning Board, acting as the Special Permit Granting Authority (SPGA) shall require the applicant to submit a preliminary plan, as defined by the Planning Board’s subdivision rules and regulations as most recently amended.  The purpose of the preliminary plan is to illustrate the number of lots that would be available if the sending area or areas were developed as a conventional subdivision, and that number shall serve as the basis for the number of TDRs available. (amended ATM 05/2007)

(b)     After a hearing to establish the number of development rights available for transfer in accordance with paragraph (a) above, the Planning Board will issue individual certificates for the number of development rights available for transfer. (amended ATM 05/2007)

  • Determination of Receiving Area or Areas
  • Once a receiving area has been identified, and approved by the SPGA, the applicant may apply for a release of TDR Certificate or Certificates. (amended ATM 05/2007)
  • Development rights may be transferred at a rate expressed as the maximum number of lots permissible on a designated sending area or areas under the applicable zoning bylaws and subdivision rules and regulations in effect on the date of approval of the transfer of development rights.  (amended ATM 05/2007)
  • The lot(s) created in the receiving area or areas must comply with the minimum dimensional requirements of Section 17.6. (amended ATM 05/2007)
        
17.5     Permanent Development Restrictions
Any lot or lots deemed to meet the standard of qualifying for a transfer must be either conveyed to the town at no cost or be (added at S.T.M. of November 18, 2002.) permanently restricted from future development by way of a development restriction, such as, but not limited to (amended ATM 05/2007), a conservation restriction or agricultural preservation restriction in accordance with Massachusetts General Law Chapter 184, Section 31-33, as most recently amended.  Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court prior to the conveyance of any development right (amended ATM 05/2007).  A management plan may be required by the Planning Board, which may describe how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices, or how the sending area will be utilized for active or passive recreation (amended ATM 05/2007). Upon receipt of a special permit for development where such special permit is conditional upon the voluntary, permanent restriction of development rights, no TDR Certificate shall be released to the applicant (amended ATM 05/2007) until all documents described in this bylaw have been recorded in the appropriate Registry of Deeds.  


17.6    Receiving Area

The lot sizes for the receiving shall must comply with the minimum dimensional requirements below (amended ATM 05/2007):
 Minimum Dimensional Requirements
Minimum area                                                                                            20,000 sq. ft.
Minimum upland                                                                                  10,000 sq. ft.
Minimum frontage                                                                                        100 ft.
Minimum front yard setback                                                      45 ft.
Minimum side & rear yard setbacks                                       20 ft.
    (highlighted portions added  S.T.M. November 18, 2002)

The Special Permit is not effective until the purchased development rights from the sending area or areas are under a restriction as required by Section 17.5  (amended ATM 05/2007).  
Frontage on a cul-de-sac may be 50 feet, but must have a lot width of 100 feet at the front yard setback. **   (** Added ATM 5/29/03)
  • Title Recordation, Tax Assessment, and Restriction of Development Rights
 All instruments implementing the transfer of development rights shall be recorded in the Registry of Deeds of the jurisdiction for both sending and receiving parcels. The Certificate evidencing such TDRs shall specify the Town of Raynham Assessors’ map and lot number, as well as a legal description and/or a reference to a recorded plan, for the sending and receiving area(s), together with the name of the owner of each parcel and a title reference.   (amended ATM 05/2007)

The clerk of the Registry of Deeds shall transmit to the applicable town assessor(s) for both the sending parcel(s) and receiving parcel(s) all pertinent information required by such assessor to value, assess and tax the respective parcels at their fair market value as enhanced or diminished by the TDRs.
 The record owner of the sending area or areas shall record at the Registry of Deeds the restriction prior to the transfer of the first development right.  Evidence of said recording shall be transmitted to the SPGA indicating the date of recording and deed book and page number at which the recording can be located. The grant of the special permit to transfer development rights shall be conditioned upon such recording, and no special permit for a transfer of development rights shall be effective until the development restriction is recorded.  (amended ATM 05/2007)

Severability: ( Section deleted ATM 05/2007)
ARTICLE 18:  ADULT RETIREMENT COMMUNITY (ARC)
(Added at June 7, 2004 adjourned session of ATM of May 17, 2004)

18.1    Purpose:  

To provide an alternative housing opportunity for persons 55 years of age and older;

To provide an attractive and suitable residential environment that is more amenable to the needs of people in their later years;

To encourage creative and innovative site planning and design, in order to enhance the attractiveness and suitability of this alternative housing type, and to better meet the specific housing needs of this segment of the population;

To encourage the preservation of common land for open space and recreational use by promoting the highest and best utilization of land in harmony with its natural features, and to retain the rural character of the town.

  • General Requirements:
a. The minimum tract of land upon which an ARC may be constructed shall
contain at least twenty (20) acres and shall be serviced by Town Water and Town Sewer.  An ARC may be allowed in Industrial and Business District by special permit.  

b.      Development of an ARC may be authorized by a Special Permit granted by the Planning Board in accordance with M.G.L. Ch. 40A and the Planning Board Rules and Regulations Governing the Issuance of a Special Permit.  Since such proposed development must constitute a subdivision, the proposed subdivision plan shall also conform to the Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham as most recently amended.  The Planning Board has the authority to waive requirements of the Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham as most recently amended and the Planning Board Rules and Regulations Governing the Issuance of a Special Permit where such action is in the public interest and not inconsistent with the intent and purpose of the regulations being waived.

c.      There shall be no more than two (2) primary residents allowed in an ARC unit.  In the event the primary residents need a full-time primary caregiver there may be more than two (2) residents.  In the event the parents of the primary residents need to reside with their child there may be more than two (2) residents.
  • Definitions:
ADULT RETIREMENT COMMUNITY (ARC) – a self-contained alternative residential community of detached single family dwellings, each single family dwelling being on its own lot as shown on a subdivision plan, constructed expressly for and specifically limited to use and residency by: (a) Persons who are fifty-five (55) years of age or older, hereinafter referred to as “occupant”; (b) A spouse, under the age of 55 years of age, of an occupant may reside in the occupant’s unit, hereinafter referred to as “spouse”; (c) A spouse who survives the occupant; (d) A spouse where the occupant has entered into a long-term care facility; (e) The parents of the occupant or spouse; (f) A paid caregiver providing medical or health care to an occupant or spouse.  Such developments shall comply in all respects to the requirements of MGL Chapter 151B and the Federal Fair Housing Law, as from time to time amended. (highlighted portion added at S.T.M. 10/29/12)

BOULEVARD - a portion and/or an entire street that is divided by a landscape area.

COMMUNITY FACILITY (IES) – Developed common areas, constructed solely for the use of the residents of the ARC and their guests.  The Community Facility (IES) may include buildings housing activities and amenities such as game room, entertainment room, sewing room, library, kitchen, laundry facilities, exercise room, toilet facilities, locker rooms for men and women, etc.  Facility (IES) may also include outdoor activities and amenities such as swimming pools, gardens, paths and walkways, putting greens and the like.  All Community Facility (IES) shall be designed and maintained in conformance with the then existing Massachusetts standards for handicapped accessibility.

COMMON LAND - an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Common land may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, swimming pools, streets, wooded areas, and community facilities, except for the portion of the common land that satisfies the requirement of Section 18.11.d.  Common land shall not include the private ways within an ARC.

  • Intensity Requirements:  
  • Density for ARC:
Density for ARC Units
The number of units allowed in an ARC shall not exceed twice the number of lots in a conventional subdivision in the residential zoning district of the proposed ARC, which meets all dimensional requirements of the Raynham Zoning Bylaws and the Raynham Planning Board Rules and Regulations for the Subdivision of Land.  The Board may, however, grant a waiver, at its discretion, from Planning Board regulations regarding length of a dead end street, and in doing so may limit the number of units in an ARC.


The number of units allowed in an ARC shall not exceed twice the number of lots in a conventional subdivision in the Industrial or Business Zoning District of the proposed ARC, which meets all dimensional requirements of the Raynham Zoning Bylaws and the Raynham Planning Board Rules and Regulations for the Subdivision of Land.  The Board may, however, grant waivers, at its discretion, from roadway design standards only, and in doing so may limit the number of units in an ARC.

b.      All lots shall comply with the dimensional requirements below:


 Requirements
Minimum
Frontage  *
50 feet
Lot Area
10,000 square feet
Lot Width
50 feet
Front Yard Setback
20 feet
Side Yard dwelling to dwelling Setback
30 feet
Rear Yard Setback
10 feet

c.      An ARC development shall not be located within a five thousand (5000) foot radius from another ARC development.
*  The minimum frontage requirement and minimum front yard requirement only applies to the street that will serve as access to said lot.

18.5     Number of Dwelling Units:

a.  The maximum number of ARC dwelling units in the Town of Raynham shall be limited to a number equivalent to seven and half percent (7.5%) of the existing single-family residential housing units (excluding ARC units) located in the Town of Raynham as of the date of the filing of the ARC special permit application.  The number of single-family residential housing units for the purpose of this By-Law
shall be the number of single family residential housing units (excluding ARC units) determined by the Board of Assessors as of January 1 of each calendar year, plus the total number of said housing units for which occupancy permits have been issued from January 1 to the date of the filing of the special permit application.  

18.6     Streets and Utilities:

All streets in the ARC shall be private ways that meet the Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham as most recently amended.  All infrastructure including but not limited to sewage, drainage facilities, and utilities shall be designed and constructed in accordance with all applicable federal and Massachusetts statues and regulations, Raynham bylaws, all Town of Raynham Rules and Regulations and the North or Center Water District Rules and Regulations, as the case may be, promulgated by the various Raynham Boards and Commissions.

18.7    Conditions:

Any plan approved as an ARC must contain or refer to recorded covenants regarding each of the following:

a.      The ARC must have a Homeowners Association, whose Homeowners Association documents and bylaws must be approved by the Raynham Planning Board through Town Counsel.  The bylaws must contain language which enforces the 55 and over age restriction and all deed restrictions.  
 
b.      The streets within the ARC shall permanently remain private, and they shall not be extended.  The Homeowners Association shall maintain all streets within an ARC.  The ways shall not be proposed for acceptance as a public street upon completion and shall be private ways in perpetuity.
c.      The lots shall obtain access from the private ways if, and only if, ownership of the lot provides automatic membership in a Homeowners’ Association, which is responsible for all maintenance and snow removal of or from the private way.  The Homeowners’ Association or entity shall retain all rights to the private ways.

d.      Perpetual easements in favor of all appropriate utility providers, including but not limited to water, sewer, cable, gas, telephone, shall be granted to allow access to and maintenance of public utilities as appropriate, prior to Planning Board endorsement of the definitive subdivision plan.

e. No recreational vehicles, campers, non-motorized or motorized boats, trailers or the like shall be parked or stored at an ARC home.  The ARC development must provide a reasonable storage area for recreational vehicles, campers, non-motorized or motorized boats. This area shall be screened from residential properties within and adjacent to the ARC.

f.      Each unit shall not have more than two (2) registered vehicles parked in the driveway of an ARC unit.  No unregistered vehicles shall be parked in the driveway of an ARC unit.  No on-street parking is allowed on an ARC roadway.

g.      Upon the approval of the Planning Board and the Fire Chief, common driveways may be used in an ARC.  Common driveways must be placed only on the lots serviced by the common driveways.

h.      An ARC development shall provide visitor parking at rate of .5 parking spaces per unit.  If an ARC development has clubhouse parking then the clubhouse parking will fulfill the visitor-parking requirement.  If the ARC development does not have a clubhouse with parking then the ARC development shall provide a visitor parking lot.

i.      The main entrance to the ARC shall be a boulevard with no individual driveways off of the first two hundred (200) feet of the entrance.

18.8    Common Land Requirements:

In an ARC, at least twenty (20) percent of the total tract area shall be set aside as Common Land for use by the ARC residents and their guests.  Common land shall be planned as large, contiguous parcels whenever possible.  The following additional requirements shall apply:

a.      Not more than thirty (30) percent of the required common land shall consist of   bordering vegetated wetlands as defined in M.G.L., Chapter 131 and the regulations promulgated thereunder, as most recently amended.

b.      Common Land may be set-aside in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses as allowed by the Planning Board.

c.      The Common Land shall include adequate upland access from a private way or ways within the ARC.

18.9    Use of Common Land:

a.      The Common Land shall be dedicated and used for natural resource protection, passive and active recreation, park purposes, outdoor education, agriculture, horticulture, forestry, or for any combination of such uses.  The Planning Board shall have the authority to approve or disapprove particular uses proposed for the Common Land, which are not delineated herein.

b.      The Common Land may be subject to easements for the construction, maintenance, and repair of utility and drainage facilities serving the ARC or adjacent parcels.

c.      Not more than twenty (20) percent of the Common Land shall be covered by man-made impervious surfaces.  Natural looking drainage areas shall not be included in the percentage man-made impervious surfaces.

18.10   Ownership of Common Land:

a.      The Common Land shall be conveyed at no cost to a corporation or trust owned by the owners of the dwelling units within an ARC (Homeowners Association) and may be placed under a conservation restriction.  Ownership of the appropriate percentage of the common land shall pass with conveyance of the lots or residential units.  The developer is responsible for the maintenance of the common land and other facilities to be held in common until such time as the Homeowners’ Association is capable of assuming such responsibility.  Thereafter, the members of the association shall share the cost of maintaining the common land and any other common facilities.  The Planning Board shall approve the form of ownership and the documentation creating the Common Land prior to approval of a special permit.

b.      A restriction may be required that must be recorded to prevent future residential development of said parcel(s). Said restriction shall not apply to that portion of the common land used for community facilities.  If a conservation restriction is used it shall be in accordance with Massachusetts General Law Chapter 184, Section 31-33 as most recently amended.  Restrictions shall provide for periodic inspection of the common land by the Town, if necessary.  Such restriction shall be submitted to the Planning Board prior to approval of the project and shall be recorded at the Registry of Deeds/Land Court prior to the conveyance of any building lot.  A management plan may be required by the Planning Board, which describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.  Such management plan shall be submitted to the Planning Board prior to approval, if required.

18.11   Site Community Standards:

a.      Within the ARC, adequate access shall be provided to each dwelling unit; said access shall be convenient and appropriate for residents and emergency services.

b.      To the greatest extent possible, open spaces, house sites, streets and house lots shall be designed with due respect to natural landscape features, scenic views, topography, soils, and natural drainage patterns.

c.      All utilities shall be installed underground.

d.      An ARC must provide, as part of the Common Land, a screening zone along its entire perimeter.  The screening shall be seventy-five (75) feet in width to all abutting properties that are either zoned residential or currently having a residential use.  In all other cases, at the discretion of The Planning Board, the screening may be reduced to not less than twenty-five (25) feet.  The screening shall not contain any structures and shall be left in its natural state; however, the screening zone may be used for the placement of utility easements and/or primary roadway servicing the ARC.  The primary roadway shall not be within seventy-five (75) feet of a residential property.  The Planning Board shall require that the screening provide visual screening.  The screening shall include natural vegetation, plantings, walls, fences or vegetated earthen berm to provide a visual screening barrier between the development and the abutting properties.  

e.      Within the ARC, there shall be Community Facilities provided, which shall be available to all residents and their guests.

f.      The sewer mains, hydrants, and water mains within the private right-of-way shall be owned by the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, and the appropriate easements shall be granted to the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, within the private ways so that they may service and maintain their property.

g.      The ARC shall conform to the requirements for a self-contained retirement community as established by Massachusetts General Laws, Chapter 151B, Section 4, together with any amendment thereto.

18.12     Application Process:

The application process for Adult Retirement Community Special Permit is comprised of three steps, as outlined below:

  • Pre-submission Meeting:
Prior to submission of the special permit application to the Planning Board, the applicant is required to meet with the Town Planner to review the proposed development of the parcel of land, in order to explore general conditions involving the site and to discuss potential problems.  Proposed plans shall be professionally prepared and show the critical features of the ARC plan.
18.12.2   Application for Special Permit and Concept Plan/Preliminary Plan:

  • A concept plan/preliminary plan shall be submitted to the Planning Board. Such plan shall be prepared and stamped by a civil engineer or land surveyor who is registered in Massachusetts.  The concept plan/preliminary plan shall meet all the requirements of a preliminary plan as specified in the Raynham Subdivision Rules and Regulations, except as modified by the provision of this article.  It shall also contain the following information:
  • Location of the proposed private ways, building lots, dwellings, and common land layout and uses;
  • A concept plan/preliminary plan shall have a wetland line approved by the Conservation Commission and accurate perimeter plan.
d.      The applicant shall file with the Planning Board the concept plan/preliminary plan, and the Planning Board shall notify all parties in interest as that term is defined in M.G.L. c. 40A Section 11 of the time and place of the public meeting at which the concept plan/preliminary plan will be reviewed.  If the concept/preliminary plan is approved by the Planning Board for an Adult Retirement Community development, the Applicant shall submit a Special Permit application in conformance with the Planning Board Rules and Regulations Governing the Issuance of a Special Permit.  The Applicant shall at the same time submit to the Planning Board a definitive plan in conformance with the latest edition of the Rules and Regulations Governing the Subdivision of Land, Raynham, MA, except as modified by the provisions of this article.

e.      In exercising its jurisdiction under this Section, the Planning Board shall conform to all requirements and procedures applicable to a Special Permit Granting Authority when deciding requests for Special Permits under Massachusetts General Laws, Chapter 40A, as amended, including the requirements therein for public notice and hearings.

f.      Public hearings for the Special Permit and Definitive Plan will be held concurrently when time requirements permit.  In such an event, the hearing notice and a statement at the public hearing shall clearly identify both purposes and shall comply with the applicable requirements of General Laws, Chapter 40A and Chapter 41, as amended.  The Planning Board shall act separately on the Special Permit application and the Definitive Plan.  The denial of the Special Permit shall preclude the approval of the Definitive Plan of an Adult Retirement Community development, but the grant of a Special Permit does not require the approval of the Definitive Plan.  Each action may include conditions and modifications.

g.      Concurrent hearings and action on the Adult Retirement Community development Special Permit and the Definitive Subdivision Plan simplify the procedure and reduce costs.  Such concurrent proceedings shall be utilized whenever practicable.

18.13   Planning Board Approval:

The Planning Board may grant a Special Permit for an ARC if it finds that the ARC:
  • Is consistent with the general purpose and objectives of this by-law;
  • Is in harmony with the existing and probable future uses of the area
           and with the character of the surrounding area and neighborhood;

  • Is consistent with the purposes of this section 18.1; and
  • Has a proposed layout of private ways, lots and structures which are
  designed in harmony with the intent and purpose of this bylaw; and
  
 e.   Has a proposed layout and use of the Common Land which is appropriate in relation
to the proposed dwelling units in the ARC, adjoining open space, topography, soils, and other characteristics of the tract of land in question; and
f.      Complies with the requirements of this bylaw, other applicable
requirements of the Zoning By-laws and any regulations and guidelines
 promulgated thereunder and where applicable, the construction and design
standards of the Raynham Subdivision Rules and Regulations; and

18.14   Special Permit Conditions:

As a condition of approval, the Planning Board may require such changes in the proposed development plans and may impose such conditions and safeguards, as it deems necessary to secure the objectives of this by-law and to protect the health, safety and welfare of the inhabitants of the neighborhood and of the Town of Raynham.

18.15   Change in Plans after Grant of Special Permit:

No change in any aspect of the approved definitive subdivision plans shall be permitted unless first approved in writing by the Planning Board.  A new special permit application and a definitive subdivision plan amendment shall be required if the Planning Board determines any proposed change in the definitive subdivision plans to be substantial.

18.16   Enforcement:

The Building Commissioner under Article 2: Administration of the Raynham Zoning Bylaws may enforce the 55-over restriction on the homeowner(s) violating the provisions of Article 18: Adult Retirement Community and/or the homeowners’ association associated with the ARC.  

18.17   Phasing:

When an Adult Retirement Community is granted a special permit from the Planning Board through this section, the Planning Board may exempt an ARC from the provisions of Article 16: Subdivision Phasing.  
 
 
 
 
 
 
 
 
 
                                                                                        Article 19: Large-Scale Ground-Mounted Solar Photovoltaic Installations
(Added at Special Town Meeting of October 29, 2012)


  • Purpose and Intent
The purpose of this bylaw is to promote the creation of new Large-Scale Ground-Mounted Solar Photovoltaic Installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations to address public safety, minimize impacts on scenic, natural and historic resources, and provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation, and/or repair of Large-Scale Ground-Mounted Solar Photovoltaic Installations.

This article shall apply to Large-Scale Ground-Mounted Solar Photovoltaic Installations proposed for construction after the effective date of this article. This article shall also pertain to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.  

B.      Definitions

        1.   As-of-Right Siting:  As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval.  As-of-Right development will be subject to Site Plan Review pursuant to Article 13 of the Raynham Zoning Bylaws.  As-of-right projects subject to Site Plan Review cannot be prohibited, but can be reasonably regulated by the Planning Board.

        2.   Building Inspector:  The inspector of buildings and the Building Inspector designated by local bylaw charged with the enforcement of the zoning bylaws.

        3.   Building Permit:  A construction permit issued by an authorized building inspector; the building permit evidences that the project is consistent with the state and federal building codes as well as local zoning bylaws, including those governing ground-mounted large-scale solar photovoltaic installations.  

        4.   Designated Location:  The locations designated by the Town of Raynham where ground-mounted large-scale solar photovoltaic installations may be sited as-of-right but subject to Planning Board Site Plan Review as defined by Article 13 of the Town of Raynham Zoning Bylaws are the Business District, Designated Development District, Industrial District, and   Light Industrial District.  Ground-mounted large scale solar photovoltaic installations may be sited in Residential A District, Residential B District, Residential C District, Residential D District, Farm and Forest District and Forest District II if granted a Special Permit and subject to Site Plan Review by the Raynham Planning Board pursuant to Article 7 and Article 13 of Town of Raynham Zoning Bylaws.  Large-scale ground-mounted photovoltaic installations are not allowed in the Wetland District.  Said locations are shown on a Zoning Map pursuant to MGL Ch. 40A, Section 4.  This map is hereby made part of this Zoning Bylaw and is on file in the Office of the Town Clerk.

        5.   Large-Scale Ground-Mounted Solar Photovoltaic Installation:  A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 60kW DC.  All Large-Scale Ground-Mounted Solar Photovoltaic Installations will require a contract with Taunton Municipal Light TMLP prior to approval by the Town of Raynham.

        6.  Site Plan Review:  A review by the Raynham Planning Board pursuant to Article 13 of the Town of Raynham Zoning Bylaws.

        7.   Site Plan Review Authority:  For the purposes of this bylaw the Site Plan Review Authority is the Raynham Planning Board.

        8.   Zoning Enforcement Authority:  The person charged with enforcing the Town of Raynham Zoning bylaws.  

        9.   On-Site Ground-Mounted Solar Photovoltaic Installation:  A solar photovoltaic installation that is constructed at a location where other uses occur at the underlying property.  

        10.  Nameplate Capacity:  The maximum rated output of the electric power production of the photovoltaic system in Direct Current (DC).

       11. Fees:  Fees will be required for Site Plan Review, Special Permit (where applicable),   Project Review Fee and a Building Permit Fee.  See Raynham Planning Board Rules and Regulations Governing Fees.

C.      Site plan review. Prior to construction, installation or modification, Large–Scale Ground Mounted Solar Photovoltaic Installations shall undergo Site Plan Review by the Planning Board as provided below.

1.  Compliance with Laws, Ordinances and Regulations.
The construction and operation of all Large–Scale Ground-Mounted Solar Photovoltaic Installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements.  All buildings and fixtures forming part of the installation      shall be constructed in accordance with the State Building Code. No Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be constructed, installed or modified without first obtaining a building permit.

        2.  Site Plan Review Application and Plan Requirements.

2.1  Eleven (11) copies of a properly executed application for Site Plan Review shall be filed with the Planning Board.  Application must include name, address, phone number of system installer, project proponent and all co-proponents and property owners, if any.

2.2   Eleven (11) copies of site plan(s), prepared by a Professional Engineer licensed in the Commonwealth
of Massachusetts, at a scale of one inch equals forty feet (1” = 40') shall be filed with the Planning Board, including:
  
          a.  North arrow and locus map;
         b.  Property boundaries;
         c.  Name/Description of project;
         d.  Topography, both existing and proposed, including proposed drainage;
         e.  Zoning designation;
         f.  Location of proposed structures, drives, etc., including setbacks;
         g.  Sign(s) location(s);
         h.  Landscaping, both existing and proposed;
         i.  Lighting, including locations, type and wattage.  
         j.  Wetlands

2.3  Eleven (11) copies of plans or drawings of the Large-Scale Ground-Mounted Solar Photovoltaic Installation prepared by a Registered Professional Engineer licensed in the Commonwealth of Massachusetts, showing the proposed layout of the system and any  potential shading from nearby structures.

2.4  Eleven (11) copies of the one or three line electrical diagram detailing the Large-Scale Ground-Mounted Solar Photovoltaic Installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

2.5  Eleven (11) copies of the documentation of the major system components to  be used, including the PV panels, mounting system, and inverter(s).

2.6  Eleven (11) copies of the documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed installation.

2.7  Eleven (11) copies of an operation and maintenance plan.

2.8  Eleven (11) copies of proof of liability insurance sufficient in the opinion of the Raynham Planning Board.

2.9   Site control.  The project proponent shall submit documentation of actual or prospective access and control for the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

3.0  Waiver of Requirements. Upon written request submitted as part of the application, the Planning Board may waive any requirements.

D.  For Large-Scale Ground-Mounted Solar Photovoltaic Installations that require a SpecialPermit, the Planning Board shall serve as the Special Permit Granting Authority.  

E.      Operation & Maintenance Plan.  The project proponent shall submit a plan for the operation  and maintenance of the Large-Scale Ground-Mounted Solar Photovoltaic Installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.

F.      No Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid, the Taunton Municipal Light Plant, where the installation is to be located has signed an agreement with owner of the project to purchase the electricity generated by this installation over the entire period of the contract with the property owner on whose land the project will be constructed.   

G.   Dimension and Density Requirements

1.  Setbacks.  Setbacks from all boundary lines shall be a minimum of fifty feet (50').   The minimum lot and minimum yard dimensions set out in Article 5.1 do not apply.

2.  Buffer requirement.  If permitted by special permit in residential districts and/or farm and forest districts, the entire perimeter of the project shall have a vegetated buffer that will screen the view of the large-scale ground-mounted solar photovoltaic installation.  The buffer must be sufficiently dense to block the view of the project from all dwellings abutting the property.  In all other districts where site plan approval is given, the project shall have a vegetated buffer that will screen the view of the Large-scale Ground-mounted Solar Photovoltaic Installation from the boundary of any abutting residential premises and from the boundary of an abutting residential district and/or farm and forest district.
 
3.  Appurtenant Structures.  All appurtenant structures to Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be subject to the provisions of the Town of Raynham Zoning By-laws for accessory buildings and/or uses concerning the bulk and height of structures, and setbacks.  All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall   be architecturally compatible with each other.  Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

4.  Fencing.  The entire perimeter must be fenced with chain link fencing and it must   be at least 6’ in height and contain a locked entrance(s).   

5.  Maximum size.  The maximum size of a Large-Scale Ground-Mounted Solar Photovoltaic Installation in Raynham will be a 6 megawatt installation.    
 
H.  Design Standards

  1.  Lighting.  Lighting of Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be consistent with local, state and federal law.  Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.   Where feasible, lighting of the Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

2.  Signage.  Signs on Large-Scale Ground-Mounted Solar Photovoltaic Installations shall comply with a Raynham Zoning Bylaws.  A sign that identifies the owner and provides a 24-hour emergency contact phone number shall be required.

Large-Scale Ground-Mounted Solar Photovoltaic Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation.

3.  Utility Connections. Reasonable efforts, as determined by the Planning Board, shall be made to bury underground all cable connections for the Large-Scale Ground-Mounted Solar Photovoltaic Installation, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider.  Electrical transformers for utility interconnections may be above ground if required by the utility provider.  

I.              Safety and Environmental Standards

1.  Emergency Services.  The Large–Scale Ground-Mounted Solar Photovoltaic Installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Raynham Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan.  All means of shutting down the installation shall be clearly marked.  The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

2.  Land Clearing, Soil Erosion and Habitat Impacts.  Under all Raynham zoning districts clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Large–Scale Ground-Mounted Solar Photovoltaic Installation or otherwise prescribed by applicable laws, regulations, and bylaws.

J.              Monitoring and Maintenance

1.       Large-Scale Ground-Mounted Solar Photovoltaic Installation Conditions.  The Large-Scale Ground-Mounted Solar Photovoltaic Installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Raynham Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the installation and any access road(s), unless accepted as a public way.

2.       Modifications.  All material modifications to a Large-Scale Ground-Mounted Solar Photovoltaic Installation made after issuance of the required building permit shall require site plan approval by the Planning Board, and also modification of the special permit if a special permit was previously granted.   

K.      Abandonment and Decommissioning

1.  Removal Requirements.  Any Large-Scale Ground-Mounted Solar Photovoltaic Installation which has reached the end of its useful life or has been abandoned shall be removed.  The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations.  The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal at least ninety (90) days prior to the date of discontinued operations.  Decommissioning shall consist of:

1.1     Physical removal of all Large-Scale Ground-Mounted Solar Photovoltaic Installations, structures, equipment, security barriers and transmission lines from the site.

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

1.3 Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to      leave landscaping or designated         below-grade foundations in order to minimize erosion and disruption to vegetation.

2.      Abandonment.  Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be considered abandoned when it fails to operate for more than one (1) year without the written consent of the Planning Board, at which time the dismantling and removal shall be carried out at the owner’s expense.  If the owner or operator of the Large-Scale Ground-Mounted Solar Photovoltaic Installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.







 
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