Cluster Development(1)
(2)
(3)
(4)
(5)
(6)
A.
(1)
(2)
B.
C.
D.
City of Northampton, MA
Wednesday, July 31, 2019
Chapter 350. Zoning
§ 350-10.5. Open space or cluster residential development.
For residential development in a clustered concept (a concept whereby the residences are clustered
on a portion of the lot, thereby leaving more of the parcel undeveloped and in open space, the purpose
of which is to: a) preserve the rural character of the community by maximizing and preserving
expanses of open space in their natural state; b) provide a buffer between developments; and c) serve
a functional relationship to each of the lots in the development in those districts for which such an
option is allowed by the Table of Use Regulations,[1] the following rules and conditions shall apply:
A site plan, in accordance with this section and § 350-11, Site Plan Approval, shall be prepared by
a registered land surveyor or registered professional engineer. In addition to requirements of
§ 350-11, the plans shall show the following:
Two-foot finished contours on the tract and within 50 feet thereof.
The location and acreage of areas to be devoted to specific uses.
Existing and proposed streets, parking areas, drainage and utility systems, including sewer
and water, streetlighting, landscaping, fire alarm systems, sidewalks, and easements, and
natural features.
Proposed clustered residential density of development and gross density of development in
terms of square feet per family.
The proposed location of parks, open spaces and other public or community uses.
Such other information as may be required by the Planning Board.
For those proposed developments which will also involve the subdivision of land and/or require the
Planning Board's approval under the Subdivision Control Law:
A definitive subdivision plan shall be filed with the special permit application in lieu of the site
plan (Said plan shall include all of the information required in Subsection A above.); and
The definitive subdivision plan shall be filed with the Planning Board for approval under the
Subdivision Control Law at the same time that the special permit is filed.
The tract for which an open space residential development is proposed shall be in a single
ownership or control at the time of application, and shall be comprised of at least four contiguous
acres, except in URC and URB Districts it shall be at least three acres.
The use and density requirements for open space residential development (cluster) are listed in
the Table of Use Regulations and the Table of Dimensional and Density Regulations in § 350-6.2.
[2] The minimum lot area in the table is the land area required for each residential building
exclusive of streets, water area, open space, and common land. When a development is served
by both an on-site water supply (well) and an on-site sewage disposal system (septic tank), then
(1)
(2)
[2]
(1)
(a)
(b)
(c)
(d)
(2)
E.
the Board of Health approval of both water supply and sewage disposal system location is
required.
Each single-family, two-family and three-family structure shall be located on its own individual
lot, except that for the purpose of this section one-family, two-family and three-family
structures may be considered townhouses if they are either row houses attached side to side
(not on top of each other), or if all homes are located on a single lot under common
ownership. Multiple townhouses and multifamily structures may be located on one lot under
common ownership. If multiple structures are placed on a single lot, there must be adequate
provisions for internal circulation, including circulation of pedestrians and emergency and
maintenance vehicles, and for the on-going maintenance of the circulation system. The total
number of units shall be determined by Subsection E below.
When the rear or side yard of an individual lot in the development, including a zero lot line lot,
abuts a lot not in that development, then said rear yard and side yard building setbacks shall
be equal to those required for a nonclustered lot in that zoning district.
Editor's Note: These tables are included at the end of this chapter.
Density.
The maximum number of dwelling units in the development shall be computed by multiplying
the total tract area, less proposed roadways and 90% of wetlands and floodplains, by the
density shown below for the appropriate zone:
Dwelling Units Per Acre
RR 1.1
SR 1.5
URA 2.2
URB 4.4
URC 4.4
WSP 0.54, regardless of the underlying district
All districts 0.54 if lots or development have both an on-site water supply
(well) and an on-site sewage disposal system (septic tank),
regardless of the underlying district
The above densities are increased by up to 15% if:
The percent of density bonus is no greater than the percent of dwelling units in the
cluster that are affordable units. Affordable units are those which may be rented or
purchased by households making 80% of median household income for Northampton, as
calculated by the U.S. Department of Housing and Urban Development with adjustments
for family size; and
Deed and use restrictions, easements, or covenants, with a mechanism for adequate
enforcement, are provided and approved by the Planning Board to ensure that units are
affordable for a minimum of 99 years and that units can only be purchased by people
whose income does not exceed 80% of median income; and
Affordable units are geographically dispersed throughout the development; and
The applicant provides all required information and paperwork and pays all required fees
under the Massachusetts Local Initiative Program to allow the City to count these units as
affordable units.
(3)
F.
(1)
(a)
(b)
(2)
G.
(1)
(2)
(3)
(4)
H.
I.
Common buildings, including shared mail facilities, recreation, dining, laundry, guest rooms,
personal office space for residents of the cluster, shared and maintenance facilities, and retail
or personal services not to exceed the lesser of 2% of the total gross floor area of the cluster
or 4,000 square feet, may be allowed in a cluster, but are limited to common facilities which
primarily serve the residents of the cluster but generally not outside paying guests and child-
care facilities for residents and outside customers. Setbacks on common buildings must equal
setbacks required for nonclustered lots in the subdivision. Common buildings are not
considered dwelling units nor can they be credited to open space requirements. The
dimensional requirements of § 350a et seq., Tables of Dimensional and Density Regulations,
shall apply to common buildings.
The proposal shall conform to the provisions of any and all applicable local, state and federal rules
and regulations, including § 350-10.1 (special permits) of this chapter.
Of the total tract area, at least 50% shall be set aside as common open space with no buildings
allowed except for bathrooms required to serve the common open space. Of the 50% set aside for
open space, no more than 25% shall be wetlands or floodplains (as defined in MGL c. 131, § 40,
the Wetlands Protection Act, 310 CMR, and Chapter 337, Wetlands Protection, of the Code) nor
have a slope of over 8%, except as permitted in Subsections H and I below, nor include any part
of a detention/retention pond designed to hold water for up to a ten-year storm shall be set aside
as common open space with no buildings allowed except for bathrooms required to serve the
common space.
In the event that more than 25% of the proposed open space falls into one of these categories
above, any such additional land shall be subtracted from the total tract area for the purpose of
calculating the required open space.
This open space may include land donated to the City or other conservation organization
under § 350-6.3 (Reduction of dimensional and density requirements), Subsection C, of this
chapter and credited to the property being developed, provided that:
The public has a right to enter the property for passive recreation; and
The land was not credited to any other open space residential development nor to any
other development or permit.
The Planning Board shall allow land with slopes of up to 20% to qualify as open space if:
A minimum of 0.1 acre per dwelling unit (based on maximum allowable dwelling units) of
active recreational facilities (such as playing fields, playgrounds, tot-lots, walking trails, and
picnic areas) are provided; and
Said recreational facilities must, in the opinion of the Planning Board after consulting the
Recreation Commission or the Conservation Commission (as appropriate), serve an
important and unmet recreational need for the proposed project and for the area of the City in
which they are located; and
Said facilities must be built to a minimum of commonly accepted design standards and must
be built in a manner to minimize future maintenance costs; and
A right-of-way or fee title for at least 50% of said recreational facilities and for at least 50% of
the open space must be offered to and accepted by the City or a nonprofit conservation land
trust for park/conservation purposes. The Planning Board may require that only a right-of-way
be transferred and that the developer or homeowners' association retain the responsibility to
maintain the facilities.
The Planning Board shall allow up to 25% of the open space requirements to be met off site but
within 1/2 mile of the cluster site or up to 40% of the open space requirements to be met off site
but within 1/4 mile of the cluster site if:
(1)
(2)
(3)
(4)
J.
(1)
(2)
(3)
K.
The off-site open space is, in the opinion of the Planning Board, easily and safely accessible
from the cluster site by foot and without crossing any collector or major streets (except by
tunnel or bridge); and
The Northampton Conservation Commission or Recreation Commission (as appropriate) and
the Planning Board finds that the off-site open space provides valuable open space to serve
that part of the City; and
A right-of-way or fee title is offered to and accepted by the City or a nonprofit conservation
land trust for the off-site open space for park/conservation purposes; and
For the purposes of figuring the open space required, the off-site open space shall be
considered to be part of the total tract, and each acre of off-site open space shall be
equivalent of 0.75 acres of on-site open space.
A functional relationship shall exist between the common open space areas and the proposed
residential clusters. Such common open space shall be restricted to open space, agricultural uses,
recreational uses such as tot-lot, park, playground, playfield, golf course, or conservation area.
Such common open space shall have suitable access to and from the development's street(s),
and shall conform to the requirements of Chapter 290, Subdivision of Land, in effect at the time of
application.
Such common open space as required by this section shall be placed under a conservation
restriction in accordance with the provisions of MGL c. 184, §§ 31-33, as amended. Such common
land shall be either deeded to the City at no cost (but only with the consent of both the Planning
Board and the City Council and the Conservation Commission or Recreation Commission, as
appropriate) or shall be conveyed to a private nonprofit corporation, the principal purpose of which
is conservation or preservation of open space or to an organization or legal entity established for
the purpose of owning and maintaining such common land. Such organization shall be created by
covenants running with the land, and such covenants shall be included with the submitted
development plan and shall be subject to approval by the City Solicitor. Said covenants must be
rerecorded every 30 years.
Such corporation or organization shall not be dissolved, nor shall it dispose of any common
open space by sale or otherwise (except to an organization conceived and organized to own
and maintain the common open space) without first offering to dedicate the same to the City.
Covenants creating such organization shall provide that in the event the organization
established to own and maintain common open space, or any successor organization, shall at
any time after establishment of the development fail to maintain the common open space in
reasonable order and condition in accordance with the development plan, the Planning Board
may serve notice in writing upon such organization or upon the residents of the development
setting forth the manner in which the organization has failed to maintain the common open
space in reasonable condition, shall contain a demand that such deficiencies of maintenance
be cured within 30 days thereof, and shall state the date and place of a public hearing thereon
which shall be held within 20 days of the notice. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within said 30 days or any extension
thereof, the Planning Board, in order to preserve the taxable values of the properties within
the development and to prevent the common open space from becoming a public nuisance,
may enter upon said common open space and maintain the same until the organization
theretofore responsible for the maintenance of the common open space demonstrates, to the
Planning Board's approval, that they can adequately maintain the common open space.
The covenants creating such organization shall further provide that the cost of such
maintenance, including all administrative costs, by the City shall be assessed against the
properties within the development that have a right of enjoyment of the common open space,
and shall become a charge of said properties, and such charge shall be paid by the owners of
said properties within 30 days after receipt of a statement therefor.
(4)
L.
M.
[1]
A.
B.
C.
D.
E.
The covenants shall provide that each dwelling unit shall have an equal say in determining
the affairs of the organization; that costs shall be assessed equally to each dwelling unit; and
that the organization shall be retained in the control of the developer no longer than until a
majority of dwelling units are conveyed to permanent owners. Where appropriate, more than
one separate and distinct organization may be created. Separate organizations may not be
created, however, where one might be too small (in terms of the number of lots included) to
operate efficiently, or where one has a responsibility for too large or costly (to maintain) a
parcel of open space in proportion to that under the responsibility of other organizations within
the same development.
Zero lot line (ZLL) developments are permitted within open space residential development, in
accordance with the Table of Dimensional and Density Regulations and § 350-10.14, Zero lot line
developments.
A portion of a new project may be developed as an open space residential development, provided
that portion of the project meets the requirements set forth in this section.
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-11.1. Purpose.
The purpose of this section is to provide a comprehensive review procedure for construction projects
which will have significant impacts on the City, herein defined, to ensure compliance with the goals and
objectives of the City, and the provisions of this chapter, to minimize adverse impacts of such
development, and to promote development which is harmonious with surrounding areas; in particular
to assure proper drainage, safe access, safe and efficient vehicular and pedestrian movement,
adequate parking and loading spaces, public convenience and safety and adequate consideration of
abutting land owners.
§ 350-11.2. Projects requiring site plan approval as intermediate
projects.
No building permit, zoning permit, or special permit shall be issued for the following intermediate
projects prior to the review and approval of a site plan in accordance with this section:
Projects which involve new construction or additions of between 2,000 square feet and 5,000
square feet of gross floor area (excluding single-family dwellings, expansions in the CB District
that do not involve footprint expansions, and projects used exclusively for agriculture, horticulture
or floriculture).
Projects for which this chapter requires the provision of six to nine additional parking places.
Projects which require a special permit and which are not otherwise intermediate or major projects
except that, notwithstanding any of the requirements of § 350-10.12, the following projects do not
require site plan approval: accessory apartments (§§ 350-5.2 and 350-10.10), accessory
structures (§§ 350-5.2 and 350-6.7), accessory uses (§§ 350-5.2 and 350-5.3), historic
association and nonprofit museum (§§ 350-5.2), home business (§ 350-5.2 and 350-10.12) and
signs (§ 350-7) of this chapter.
Any project that is requesting a provision of the zoning that is allowed only with site plan approval
and which is not otherwise a major project.
Planned Village (PV) projects which require a site plan review in accordance with § 350-10.15 and
are not otherwise major projects.
F.
A.
B.
C.
D.
E.
F.
G.
[1]
A.
B.
Medical marijuana dispensaries.
§ 350-11.3. Projects requiring site plan approval as major
projects.
No building permit, zoning permit, or special permit shall be issued for the following major projects prior
to the review and approval of a site plan in accordance with this section:
Projects which involve new construction or additions of 5,000 square feet or more of gross floor
area (excluding expansions in the CB District that do not involve footprint expansions).
Commercial parking lots and parking garages, including municipal garages.
Except for the CBD, establishments selling foods prepared on premises where consumption is
primarily off the premises and retail establishments selling principally convenience goods.
Automobile service stations.
Projects for which this chapter requires 10 or more additional parking spaces over the zoning
requirements for the previous use.
Rural residential incentive development projects.
Planned business park projects.
§ 350-11.4. Requirements.
These requirements are superimposed over any other requirements of this Zoning Ordinance. The
Building Commissioner may not issue any building or zoning permits for any intermediate or major
projects until the site plan has been approved by the Planning Board through a simple majority vote of
the members present. The site plan process shall be conducted by the Planning Board in conformance
with the filing, review and public hearing requirements for a special permit, except in the case of
alternative energy research and development (R&D) and manufacturing facilities, as defined in the
Green Communities Act.[1] For alternative energy R&D and/or manufacturing, review periods are
guaranteed not to exceed one year from the date of initial application to the date of final Board action.
Said applications shall be reviewed within 45 days, and the applicants will be notified of what additional
submissions are necessary to meet this one-year final action deadline. The Planning Board shall use
the criteria of § 350-11.6 for approving or disapproving the site plan. As with special permits, any
appeal of a site plan decision by the Planning Board shall be made in accordance with MGL c. 40A,
§ 17. All site plan decisions must be recorded at the Registry of Deeds. In addition, the plans approved
as part of the site plan decision shall be recorded with the decision in the form and type of pages as
determined by the Planning Board.
Editor's Note: See Acts of 2008, Ch. 169.
§ 350-11.5. Procedures.
Application for site plan approval shall be made to the City Clerk and the Office of Planning and
Development on forms provided for that purpose, accompanied by the required fee. The Planning
Board shall adopt specific rules governing paper and electronic application and the number of
copies.
The application for site plan approval shall be accompanied by a site plan, drawings and
supporting documentation in a form specified by rules and regulations which shall show, among
other data, the following:
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
[1]
[2]
[a]
[b]
[c]
[d]
[3]
(i)
(2)
Locus plan;
Site plan(s) at a scale of one inch equals 40 feet (or greater) showing the following:
Name and address of the owner and the developer, name of the project, and date and
scale of plans;
The location and boundaries of the lot, adjacent streets or ways, the location and owners
names of all adjacent properties and those within 300 feet of the property line, and all
zoning district boundaries;
Existing and proposed structures, including setbacks from property lines, structure
elevations, and all exterior entrances and exits. Elevation plans of all exterior facades of
proposed structures are required for towers and strongly encouraged for other structures;
Present and proposed use of the land and buildings;
Existing and proposed topography at two-foot contour intervals, showing wetlands,
streams, surface water bodies, drainage swales, floodplains, and unique natural land
features (for intermediate projects the permit granting authority may accept generalized
topography instead of requiring contour lines);
Location of parking and loading areas, public and private ways, driveways, walkways,
access and egress points, including proposed surfacing;
Location and description of all stormwater drainage facilities (including stormwater
detention facilities, water quality structures, drainage calculations where applicable, and
drainage easements), potential water quality impacts, planned best management
practices (BMPs) during the construction phase, and the planned BMPs to be used to
manage runoff created after development. For major projects, applicants shall
incorporate green infrastructure and low-impact design to the extent feasible. For major
projects that do not trigger a separate stormwater permit, applicants shall submit
information on all analysis conducted to incorporate low-impact design and green
infrastructure. Major projects that do not trigger separate stormwater permitting must
provide a proposed inspection schedule for the project during construction and upon
completion. Inspections shall be performed by a qualified professional as confirmed by
the Planning Board;
Location and description of public and private utilities, sewage disposal facilities and
water supply;
Existing and proposed landscaping:
Inventory of any significant trees over 20 inches DBH by an arborist which shall
classify such trees in terms of location, species, size, health, long-term viability.
Inventory of trees on abutting properties if the dripline of said trees crosses onto the
subject parcel.
Proposed landscaping shall include:
Trees, with adequate protection detailed for existing trees to be saved in
accordance with Northampton Tree List and Tree Planting Guidelines;
Other plantings with the size and species;
Stone walls;
Buffers;
[e]
[f]
[4]
[5]
(j)
(k)
(l)
(m)
(a)
[1]
[2]
[3]
[4]
(b)
(c)
(d)
(e)
(3)
Screening;
Fencing.
Landscape plans must be designed and stamped by a certified landscape
architect or arborist. An adequate schedule for maintenance, during the first
two years, must be specified on the plans.
All trees where the dripline crosses the property and where trees are to be retained
shall have tree protection zones clearly marked in accordance with Northampton
Tree List and Tree Planting Guidelines.
Plans shall show tabulation of on- and off-site significant tree replacement in
accordance with § 350-12.3 when applicable.
Location, dimensions, height, color, illumination of existing and proposed signs;
Provisions for refuse removal, with facilities for screening of refuse when appropriate;
An erosion control plan (for major projects only) and any other measures taken to protect
natural resources and water supplies;
A photometric plan showing conformance with § 350-12.2.
Estimated daily and peak hour vehicle trips generated by the proposed use, traffic patterns for
vehicles and pedestrians showing adequate access to and from the site, and adequate
vehicular and pedestrian circulation within the site. In addition, major projects, as defined
above, shall prepare a traffic impact statement including the following information:
Traffic flow patterns at the site including entrances and egresses, loading and unloading
areas, and curb cuts on site and within 100 feet of the site.
A plan to minimize traffic safety impacts of the proposed project through such means as
physical design and layout concepts, staggered employee work schedules, promoting
use of public transit or van- or carpooling, or other appropriate means. For new
commercial, office, and industrial buildings or uses over 10,000 square feet, this plan
shall evaluate alternative mitigation methods to reduce traffic by 35%, including:
Public transit, van- and car-pool incentive programs, including parking facilities and
weather-protected transit shelters;
Encouraging flexible hours and workweeks;
Encouraging pedestrian and bicycle access to the site;
Provision of integrated land uses, including on-site services, retail, and housing.
A detailed assessment of the traffic safety impacts of the proposed project or use on the
carrying capacity of any adjacent highway or road, including the projected number of
motor vehicle trips to enter or depart from the site for daily-hour and peak-hour traffic
levels, road capacities, and impacts on intersections. Said assessment may be based on
the proposed mitigation [in the plan required by Subsection B(2) above].
An interior traffic and pedestrian circulation plan designed to minimize conflicts and
safety problems.
Safe and adequate pedestrian access, including provisions for sidewalks and/or bike
paths to provide access to adjacent properties and adjacent residential neighborhoods,
(4)
C.
D.
A.
(1)
(2)
B.
as applicable, and between individual businesses within a development.
Other information as may be necessary to determine compliance with the provisions of this
chapter.
Site plans submitted for major projects shall be prepared (and stamped) by a registered architect,
landscape architect, or professional engineer.
Upon written request, the Planning Board may, at its discretion, waive the submission by the
applicant of any of the required information, provided that the applicant provides some written
information on each of the items in Subsections B(3)(a), (b) and (c) above and explains why a
waiver is appropriate.
§ 350-11.6. Approval criteria.
In conducting the site plan approval, the Planning Board shall find that the following conditions are met:
The requested use protects adjoining premises against seriously detrimental uses. If applicable,
this shall include provision for surface water drainage, sound and sight buffers and preservation of
views, light, and air; and
The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets, cycle tracks and bike paths, minimize traffic
impacts on the streets and roads in the area. If applicable, this shall include considering the
location of driveway openings in relation to traffic and adjacent streets, cross-access easements to
abutting parcels, access by public safety vehicles, the arrangement of parking and loading spaces,
connections to existing transit or likely future transit routes, and provisions for persons with
disabilities; and:
The Planning Board may allow reduced parking requirements in accordance with § 350-8.6,
Shared parking.
The project, including any concurrent road improvements, will not decrease the level of
service (LOS) of all area City and state roads or intersections affected by the project below
the existing conditions when the project is proposed and shall consider the incremental nature
of development and cumulative impacts on the LOS. The project proponent must demonstrate
that all cumulative and incremental traffic impacts have been mitigated. If those impacts are
not mitigated, the Planning Board shall require in-lieu-of payments to fund a project's
proportional share of necessary improvements to mitigate off-site traffic impacts, including
provision of public transit and pedestrian or bicycle paths, in lieu of requiring off-site
improvements. All in-lieu-of payments will be expended with the approval of the Mayor and
City Council only after first being introduced for recommendation to the Transportation and
Parking Commission, consistent with Planning Board conditions. In-lieu-of traffic mitigation
payment shall be assessed by the Planning Board after a fact-based analysis of a specific
project but shall not exceed that shown in the table below. Past experience has been that
mitigation of all traffic impacts would be higher than the maximum amount allowed and so
many projects are assessed the maximum allowed by the table. The Board may exempt
residential projects whose traffic impacts are not greater than if they were developed as an
as-of-right development without site plan approval and subdivision approval.
Project Location Required Payment
Any medical marijuana project regardless of the district
(regardless of other entries below)
$2,000 per peak trip
CB, GB, EB, GI and OI Zoning Districts; PV District, except
for medical and dental offices; and NB District, except for
uses with gas pumps
No mitigation
(3)
C.
D.
Project Location Required Payment
M, URC, and URB Zoning Districts $1,000 per peak trip
HB Zoning District; PV District for project for medical and
dental offices; NB Districts for uses with gas pumps; BP
Districts with nonexempt uses; and BP, SR, URA, SC and RR
Zoning Districts for sites (1) within 500 feet of a transit stop,
or (2) within 500 feet of an asphalt or concrete City off-road
rail trail or bicycle path, or (3) abutting a sidewalk that
extends without a break from the project to either downtown
Northampton or downtown Florence
$2,000 per peak trip
Any other site in SR, URA, SC, and RR Zoning Districts and
any other BP residential use
$3,000 per peak trip
Notes Peak trips are the number of one-way trips into or out of the project during the
project's peak traffic demand, typically but not always weekday afternoon “rush hour.” Peak-
hour trips are calculated based on the table below or, if (and only if) the table does not
address a project, the Institute of Traffic Engineers' (ITE) trip generation data. The Planning
Board retains the ability to use alternative calculations if clear evidence to the contrary is
provided (for example, considering lower traffic generation from pass-by trips, late-night shift
changes, and mixed-use projects).
Project Type Peak-Hour Trips
Residential 1/dwelling unit
Congregate and assisted living 0.6/dwelling unit
Grocery, personal services, retail and auto sales, medical
marijuana dispensary
12/1,000 square feet
Medical marijuana growing and processing facilities 1/1,000 square feet
Restaurants and bars 20/1,000 square feet
Gas, convenience stores, fast-food restaurants 100/1,000 square feet
Medical and dental offices 5/1,000 square feet
Other offices 2/1,000 square feet
Industrial, manufacturing, tradesman, professional (but not
medical and dental) offices, and municipal uses
Exempt
Warehouses 0.6/1,000 square feet
Schools, day-cares, churches, libraries, etc.10/1,000 square feet
Hotel/Motel 0.5/room
Access by nonmotorized means must be accommodated with facilities such as bike racks,
sidewalk connections from the building to the street, cycle tracks, and bike paths that are
clearly delineated through materials and/or markings to distinguish the vehicular route from
the nonvehicular route.
The site will function harmoniously in relation to other structures and open spaces to the natural
landscape, existing buildings and other community assets in the area as it relates to landscaping,
drainage, sight lines, building orientation, massing, egress, and setbacks. Rear and/or side wall
facades within 50 feet of a completed or planned section of a cycle track or bike path shall have
features that invite pedestrian access from that side of the building; and
The requested use will not overload, and will mitigate adverse impacts on, the City's resources,
including the effect on the City's water supply and distribution system, sanitary and storm sewage
collection and treatment systems, fire protection, streets and schools. The construction materials
and methods for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private
[1]
E.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
(3)
F.
roads, and other infrastructure shall be those set forth in the Northampton Subdivision
Regulations[1] (even for projects that are not part of a subdivision) unless the Planning Board finds
that a different standard is more appropriate. Major projects that do not trigger separate
stormwater permitting shall have conditions that stipulate when inspections shall be completed
and submitted to the City. Annual reports, as necessary depending on the stormwater
management system, shall be submitted to the City.
Editor's Note: See Ch. 290, Subdivision of Land.
The requested use meets any special regulations set forth in this chapter.
Compliance with the following technical performance standards:
Curb cuts onto streets shall be minimized. Access to businesses shall use common
driveways, existing side streets, or loop service roads shared by adjacent lots when possible.
More than one curb cut shall be permitted only when necessary to minimize traffic and safety
impacts.
Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent
possible, and sidewalks must be provided between businesses within a development and
from public sidewalks, cycle tracks and bike paths. All projects shall include sidewalks and
tree belts abutting the street, except where site topography or other limitations make them
infeasible. In such cases where the sidewalk is infeasible, the developer shall install an equal
number of feet of sidewalk and/or tree belt in another area of the community as deemed by
the Planning Board or Office of Planning and Sustainability. All sidewalks shall meet the
following standards:
All internal and external sidewalks will be constructed of cement concrete. Sidewalks will
be at least six feet in width in all commercial zoning districts and all industrial zoning
districts. In all residential zoning districts, sidewalks shall be at least five feet in width.
If gratings are located in walking surfaces, then they shall have spaces no greater than
1/2 inch wide in one direction. If gratings have elongated openings, then they shall be
placed so that the long dimension is perpendicular to the dominant direction of travel.
Ramps allowing access to the sidewalk and street by variously abled persons shall be
required at the corner or within the curb area immediately adjacent to the sidewalk.
For any new driveway, the portion of the driveway that crosses the sidewalk shall
conform to the sidewalk requirements set forth herein, regardless of whether there is a
sidewalk improvement extending along the balance of the frontage property, with
sidewalks constructed with extra depth to withstand cars.
The sidewalk cross slope of 1:50 should be maintained across the entire driveway. The
driveway apron should be located in the tree belt between the pedestrian way and the
roadway.
Curb extensions may be used at any corner location, or at any mid-block location where
there is a marked crosswalk, provided there is a parking lane into which the curb may be
extended. They may include transit stops. Curb extensions must be designed so as not
to impede bicycle traffic. Curbs may be extended into one or both streets at a corner. No
obstructions or private use should occur in the curb extension.
Major projects, except in the Central Business District, must be designed so there is no
increase in peak flows from the one- or two- and ten-year Soil Conservation Service design
storm from predevelopment conditions (the condition at the time a site plan approval is
requested). Green infrastructure and low-impact design shall be incorporated to the extent
feasible to ensure runoff is handled on site. At the very minimum, the runoff from up to a one-
inch rain storm (first flush) shall be detained on site for an average of six hours. These
(a)
(b)
(c)
(4)
(5)
G.
H.
(1)
(2)
I.
requirements shall not apply if the project will discharge into a City storm drain system that
the Planning Board finds can accommodate the expected discharge with no adverse impacts.
In addition, catch basins shall incorporate sumps of a minimum of four feet and, if they will
remain privately owned, a gas trap.
Medical marijuana manufacturing operations shall meet the following criteria:
[Amended 6-20-2019 by Ord. No. 19.056]
Building facades and property must be consistent with the character of the neighborhood,
including such items as transparent storefront windows with a view into the interior of the
building. Security measures must appear from outside of the building to be consistent
with the character of the neighborhood. This does not create any restriction or
compromise on security measures but does require that such measures be camouflaged
to blend into the background.
Buildings must incorporate both high-efficiency particulate air handlers with activated
carbon filters and exhaust systems designed with vents that force the air at least 10 feet
above the roofline of the building. Alternatively, other technology may be used upon
finding by the Planning Board through site plan approval process that such other
technology will, to the extent practicable, limit odors from marijuana in any place where
the public or clients are present.
No medical marijuana dispensary and/or treatment center shall be located within 200 feet
of any elementary school, middle school, or high school; there are no other buffer
limitations.
For new buildings and additions, the applicant must show that the building is designed to
accommodate solar power installation. This is met by showing that the roof design can
support solar panels and that roof orientation, conduit and electrical service will be
incorporated so that installation can easily be added either at the time of construction or at
any point thereafter. Alternatively, the applicant may show the site is designed to
accommodate solar with conduit to be located to accommodate the ground system. The
Planning Board may waive this requirement for green roofs or if the applicant provides
information to show that either building-mounted or ground-mounted systems are
impracticable due to site constraints/orientation.
(Reserved)
(Reserved)
Obscene displays; blocking or shading of windows.
No signs, text, graphics, pictures, publications, videotapes, CDs, DVDs, movies, covers,
merchandise or other objects, implements, items or advertising depicting or describing sexual
conduct or sexual excitement as defined in MGL c. 272, § 31, shall be displayed in the
windows or on any building or be visible to the public from the street, pedestrian sidewalks,
walkways, or bike paths or from other areas outside such establishments.
Further, windows may only be blocked or shaded by approval of the Planning Board through
site plan approval.