Agenda

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2008 Planning Board Annual Town Meeting Articles

The Planning Board has voted to submit the articles below into the warrant for the 2008 Annual Town Meeting.  The articles are: Site Plan Review; Parking; Driveways; Open Space Mixed Use Development (OSMUD) District; and Stormwater Management & Erosion Control.

Site Plan Review

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton, by deleting item G of Article XX, Site Plan Review, Section 210-136, Decision Criteria, and renumbering item H to item G.

Description

This article would delete a Decision Criterion in the Site Plan Review bylaw which states that before the Planning Board may approve an application for site plan review, all variances or special permits must first be granted by the Board of Appeals.  The criterion would be deleted in order to facilitate a concurrent review process before both boards simultaneously.

Parking

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton , Article XVII, Supplementary Regulations, Section 210-124, Off-Street Parking, as follows:

1. By deleting the last sentence from the last paragraph of Subsection B(1) and inserting therefor:

In the case of mixed uses on a single lot, the parking requirement shall be the sum of the requirements calculated separately for each area of use, unless a special permit has been issued by the Planning Board pursuant to Section C.

2. By inserting a new Subsection C as follows, and changing the present Subsection C to Subsection D

C.     Shared and Off-Site Parking

(1)   The parking required by the uses located on a lot shall be provided on that lot, unless a special permit has been issued by the Planning Board.  The Planning Board may issue a special permit to:

(a)    Reduce the required number of parking spaces when there will be mixed uses on a lot by activities having clearly different peak demand times;

(b)   Locate some required parking spaces on a separate lot under an agreement between property owners; and

(c)    Locate some required parking spaces in a separate shared parking lot under an agreement between property owners, when the parking lot is shared by mixed uses having clearly different peak demand times.

(2)   Before granting the special permit, the Planning Board shall determine that the provision of parking spaces proposed will be in harmony with the general purpose and intent of this chapter and adequate for all parking needs, and that all parking spaces associated with a use are within practical walking distance.  The Planning Board may issue the special permit with conditions, which may include, but not be limited to, the following:

(a)    A requirement that shared and off-site parking arrangements between property owners be formalized in an instrument that runs with the land and is recorded at the Registry of Deeds;

(b)   That adequate space is set aside on the lot to construct additional parking spaces in the future should the mix of uses and peak demand times change and require additional parking.

Description

Pavement for parking lots can create large expanses of impervious area which generates heat, stormwater runoff and requires significant grading of land.  In some instances, it may be possible to reduce this impact if the Zoning Bylaw contains the flexibility to address commercial sites which have a mix of uses with different peak demand times.  At the present time, the Zoning Bylaw contains parking requirements by gross floor space of use, and where there is a mix of uses, the requirements are cumulative – i.e. the requirement for each separate use is added together to obtain a total parking requirement for all uses on the site.  Sometimes, sites will contain uses with different peak parking demand times.  For example, peak demand for a sit-down restaurant may be in the evening hours, but the peak hours for a coffee shop may be in the morning.  In those instances, requiring a cumulative total of parking spaces for each would likely result in more parking spaces than is necessary to serve the demand.  In other cases, abutting land owners may wish to share a parking lot where there is a mix of uses between the two.

The proposed amendment gives some flexibility to the Zoning Bylaw that would allow the Planning Board to consider these circumstances in a special permit process.  If an owner wishes to, they could apply to the Planning Board for a special permit to reduce the required number of spaces where there will be a mix of uses with different peak demand times, to locate some required spaces on a separate lot, or to share a parking lot with other businesses with different peak demand times.

When considering the applications, the Planning Board must determine that the parking will be adequate for the needs and that all parking spaces are within practical walking distance.  The Planning Board may grant the special permit with conditions, which could include: 1) the arrangement between property owners with respect to shared or off-site parking is formalized and recorded in the Registry of Deeds; and 2) that adequate space is set aside on the lot to build additional parking spaces if the mix of uses and/or peak demand times change, requiring additional parking.

The Off-Street Parking bylaw applies to all parking lots, regardless of zoning district.  The bylaw includes parking requirements for uses which may be located in residential or commercial districts.

Driveways

Article

To see if the Town will vote to amend the Bylaws of the Town of Hopkinton, Chapter 174, Streets and Sidewalks, Article VII Driveways, by inserting in Section 174-27, Regulations, a new Subsection C as follows:

C.     As part of its driveway permit review process, the Department of Public Works (DPW) will ensure that the roadway opening at the public or private way is adequate for proper public safety emergency vehicle access.  The DPW will consult with the Fire Department for its input as it deems necessary.  After issuance of the driveway permit and a Building Permit, the Director of Municipal Inspections will conduct a site visit to review the layout of the driveway once it is roughed in and before project completion, to ensure that it is adequate for proper public safety emergency vehicle access.  The Director of Municipal Inspections shall consult with the Fire Department if it appears that public safety emergency vehicle access may be impaired.  In those instances where the Fire Department has been consulted and determines that a public safety emergency vehicle cannot adequately access the property, the driveway permit holder shall prepare a plan for accommodating safety vehicles that is acceptable to the Fire Department and the Director of Municipal Inspections, and shall be responsible for implementing the plan prior to issuance of an occupancy permit.

Description

The Department of Public Works (DPW) issues driveway permits for new driveway openings.  The proposed provision is intended to incorporate a review process within the permitting procedure that involves review by the Fire Department when there are concerns relative to access by public safety emergency vehicles.  In instances where the Fire Department determines that it cannot adequately access the property, the recipient of a driveway permit must correct the problem.  This provision would only apply to driveway permits issued after the effective date of the bylaw, and is not a zoning bylaw.

Open Space Mixed Use Development (OSMUD) District

Description

This article would amend the Zoning Bylaw by adopting the OSMUD District for the former Weston Nurseries property, and facilitate the development of the land and preservation of the open space as shown on the draft Legacy Farms master plan for the area.  The article would also amend the Zoning Map to show the OSMUD District area, which would be an overlay to the underlying zoning districts (Residence B and Agricultural). 

The overlay district would encompass the entirety of the Legacy Farms area, and include three subdistricts: Residential Subdistrict, Commercial Subdistrict , and Village Center Subdistrict , which would be shown on the zoning map.  The uses that would be allowed in each of the subdistricts are listed in Section 210-165, and the table indicates whether the use would be allowed by right, by special permit, or prohibited.  The bylaw also includes the following:

(1)   The affordable housing section requires that 240 housing units be eligible for inclusion on the State’s Subsidized Housing Inventory (i.e. count toward the Town’s 10% M.G.L. c.40B requirement) with not less than 60 actual affordable units within the 240.  This is because the State regulations provide that all units within a rental development are included on the Subsidized Housing Inventory if it has at least 25% of the units actually affordable.  The bylaw includes a provision stating that if M.G.L. c.40B is no longer in effect or the regulations change such that all of the rental units are not counted on the 40B inventory before a building permit is issued for the project, then a total of 94 affordable units must be provided within the development. 

(2)   The dimensional requirements section establishes lot size, frontage, setback and height requirements for the OSMUD District.  There would be two areas designated on the OSMUD District map (“OSMUD District Height Zone”) where 3 stories/40 feet would be allowed – the area that includes the 240 apartments and the northernmost Commercial Subdistrict .  The dimensional requirements section also requires a 100 ft. setback between buildings in the Commercial Subdistricts and abutting property in residential use outside the OSMUD District which cannot be reduced by the Planning Board.  Subsection D of this section provides for a 100 ft. setback between buildings in the Village Center Subdistrict and land in residential use outside the OSMUD District with the provision that the Master Plan Special Permit may authorize the Planning Board to reduce the setback width if sufficient screening and/or separation is provided.

(3)   The parking section includes some new parking requirements for uses.  These requirements would not apply elsewhere in Hopkinton.  Parking requirements for four uses currently permitted in other zoning districts are proposed to be added to the existing Off-Street Parking section of the Zoning Bylaw, where they would apply townwide. 

(4)   Section 210-170 addresses restricted land and open space, and requires a minimum of 500 acres to be shown on the Master Plan.  A minimum of 470 of the 500 acres must be designated as open space open to public use.  Open space and restricted land will be designated along with Development Projects and/or separately.  The land would be owned by a landowners association, owners of specific lots or areas within the district, a non-profit corporation with a principal purpose of conservation of open space or provision of recreational facilities, or the Town. 

The OSMUD District provides that after the bylaw is adopted, an applicant may apply for a Master Plan Special Permit from the Planning Board, and outlines this procedure in section 210-172.   The Master Plan section describes the minimum contents and submission requirements of the Master Plan.  The Planning Board would adopt more detailed requirements if the bylaw is adopted.  The process for public hearings and filing of decisions is the same as for all special permits, as outlined in M.G.L. c.40A sec. 9.  The bylaw lists approval criteria for the Board in this section as well, which are in addition to the statutory requirements of MGL c.40A sec. 9. 

After the Master Plan is approved, applications for site plan review would be submitted for each of the Development Projects.  The process would be the same as the existing site plan review procedure, but certain aspects would be different:

(1)   The initial construction of residential projects would be subject to site plan review;

(2)   There would be no “Minor Project” category – all would be considered “Major”;

(3)   The OSMUD District bylaw’s decision criteria would supersede the decision criteria in the existing Site Plan Review section;

(4)   A site plan may show permissible building areas, where the mix of uses and some construction details are subject to change. 

The OSMUD District includes design principles in section 210-174.  If a Master Plan Special Permit is issued, the Planning Board would incorporate Design Guidelines within the decision which are based on these principles.  The design of the site plans for Development Projects to follow would need to be consistent with the Design Guidelines.

Article

To see if the Town will vote to amend the Zoning Bylaws of the Town of Hopkinton as follows:

1.      Adopt a new Article XXVI, Open Space Mixed Use Development District, as follows:

ARTICLE XXVI

Open Space Mixed Use Development Overlay District

§210-162.   Development and Design Objectives

The purposes of the Open Space Mixed Use Development Overlay District (OSMUD District) are to balance conservation and development goals and to protect and enhance the character of the natural and cultural resources of the Town, while promoting planned development and appropriate use of land in accordance with community goals and design guidelines.  Toward that end, the OSMUD District is intended to permit the clustering of residential and commercial uses on large tracts of land that have open space as an integral characteristic, and to ensure quality site planning to accommodate a site's physical characteristics, including its topography, vegetation, water bodies, wetlands, open spaces, historic resources and major scenic views. 

§210-163.   District and Sub-District Delineations; Applicability

A.  The OSMUD District is shown on the Official Zoning Map.  The OSMUD District is divided into Residential Subdistricts (R), Commercial Subdistricts (C), and a Village Center Subdistrict (VC), as shown on the Official Zoning Map.

The OSMUD District is an overlay district that is superimposed over the underlying zoning districts.  Development of land within the OSMUD District may be undertaken either pursuant to this Article or pursuant to the provisions of this Chapter applicable to the corresponding underlying zoning district except as otherwise provided in §210-172. 

B.  Notwithstanding any provision of this Chapter to the contrary, development undertaken pursuant to this Article shall not be subject to the following provisions:

1.   Article XVIB, Subdivision Phasing;

2.   §210-125 (Conversion of Residential Property); and

3.   §210-126.1 (Residential Subdivisions of 10 acres or more).

C.  Development undertaken pursuant to this Article shall be subject to the following provisions of this Chapter only to the extent provided for, and as modified by, the provisions of this Article

1.   Article XI, Flexible Community Development Bylaw;

2.   Article XII, Water Resources Protection Overlay District;

3.   Article XVIII, Supplementary Regulations;

4.   Article XIX, Nonconforming Uses; and

5.   Article XX, Site Plan Review.

§210-164.   Definitions

Except as otherwise provided in this section, the definition set forth in §210-4 shall be applicable to all terms used in this Article.  Notwithstanding the forgoing, the following terms, as used in this Article, shall have the meanings indicated:

AFFORDABLE HOUSING – Any Dwelling Units qualifying as low or moderate income housing as defined by regulations of the Department of Housing and Community Development.

BUILDABLE AREA – All area of a Development Project that is not Restricted Land .

COMMERCIAL USES - All uses other than Dwelling Uses and Restricted Land Uses.

COMMUNITY CENTER - A facility for a social, educational, or recreational purpose, intended primarily for the occupants of the Development Project or the OSMUD District, in which food and beverages may be served and live entertainment may be provided, and which may include performance and assembly space and indoor and outdoor recreational facilities.

CONSTRUCTION ACTIVITY - The construction of new structures or site work associated with the construction of new structures.  The term does not include site work not associated with the construction of new structures, the construction of roadways, installation of utilities, restoration and improvement of Restricted Land, additions and improvements to existing structures, or activities involving uses and structures referred to in M.G.L. c.40A §3, to the extent allowed under said section of the General Laws.

CONTINUING CARE RETIREMENT COMMUNITY OR ASSISTED LIVING FACILITY - A facility providing living accommodations and communal facilities for persons over age 62 and that includes at least: a) 24-hour on-site responsible staff; b) a common dining area in which at least one main full meal is served each day; c) optional laundry, housekeeping and personal services available to residents; d) transportation services; and e) common indoor and outdoor passive or active recreational areas.  Such a facility may include: a) a medical or nursing home component; and b) retail sales and services for the convenience of residents, accessible only from inside the facility.

CULTURAL USES - Art gallery; art use; museum; public art display space; arts studio, arts; production studio; or ticket sales undertaken in connection with a cultural use.

DESIGN GUIDELINES - The Design Guidelines for the OSMUD District adopted by the Planning Board as part of the Master Plan Special Permit to govern Site Plan Review within the OSMUD District.

DEVELOPMENT PROJECT - A development undertaken pursuant to this Article, as shown on a site plan submitted to the Planning Board for Site Plan Review. A Development Project may consist of one or more lots and may be located in more than one subdistrict, as long as the applicable requirements of this Article are satisfied with respect to each subdistrict.

DWELLING USE - Use as Dwelling Units as defined in §210-4, but specifically not including residential units that may be part of a Continuing Care Retirement Community, Assisted Living Facility or similar institution.

GREENHOUSE - A building made of a material transparent or partially transparent to light, in which the temperature and humidity can be regulated, and which is used primarily for the cultivation of plants.

HEALTH AND FITNESS CLUB - A private club, whether or not operated for profit, solely for the purpose or providing physical fitness, exercise therapy, rehabilitation or health-related services.

HEIGHT – The vertical distance from the mean finished grade of all sides of building or structure to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs, excluding chimneys, spikes, towers, wireless communication facilities, screens, parapet walls, and other structures, equipment, or projections not used for human occupancy.  In determining the height of buildings within the area designated “OSMUD District Height Zone” on the Official Zoning Map, the area above the mean finished grade and below the floor of the first occupiable story, not to exceed 10 feet, shall be excluded from measurement of height and of stories.

LANDOWNERS’ ASSOCIATION - A corporation, trust or other legal entity owned or controlled by the owners of all lots within the OSMUD District, or by owners of all lots within a specified area within the OSMUD District, as the context permits or requires.

MASTER PLAN - The Master Plan for the OSMUD District as submitted to the Planning Board for approval in a Master Plan Special Permit to be issued pursuant to §210-172.

NEIGHBORHOOD RESTAURANT - A restaurant or eating establishment intended for the use and convenience of the residents of the immediate neighborhood, not to exceed 1,500 square feet of indoor seating, which may also include outdoor seating.

RESTRICTED LAND – Land devoted to uses permitted by §210-170A, which may include (1) open space land left substantially in its natural state; (2) open space land that is restored or landscaped, including irrigation, detention and/or retention ponds or stormwater catchment areas and subsurface utilities; (3) open space land used for agricultural purposes; (4) open space land improved for active and passive recreational uses, including pedestrian, bicycle and equestrian trails; (5) land improved for other municipal uses; (6) food preparation and sales areas, restrooms, parking and access areas, and similar uses, structures or portions thereof, operated in association with other Restricted Land uses; and (7) A total of no more than  30 acres of land, which may be restricted for the benefit of landowners within a particular area of the OSMUD District.  Restricted Land shall not include land set aside for road and/or parking uses that are not accessory to other Restricted Land Uses.

RESTRICTED LAND COVENANT – A legally enforceable restriction or covenant, recorded in the Registry of Deeds and enforceable by the Town, providing that the land subject thereto will remain as Restricted Land in perpetuity.

RETAIL NEIGHBORHOOD STORE - A store, other than a restaurant or eating establishment, not to exceed 2,000 square feet, located in a neighborhood in which merchandise is sold or services provided for the convenience of the occupants of the immediate neighborhood, such as groceries, prepared take-out food, toilet articles, cosmetics, candy, sundries, medications, newspapers, magazines and ice cream 

§210-165.   Uses

A.  No land, structure or building shall be used for any purpose in the OSMUD District, other than as set forth in this section, except as otherwise set forth in this Chapter or otherwise permitted by law.

·        A use is permitted by right in any subdistrict that is denoted by the letter “Y”.

·        A use is prohibited in any subdistrict that is denoted by the letter “N”.

·        A use denoted by the letters “SP” may be permitted by Special Permit from the Planning Board.

§210-166.   Intensity of Use Limitations

A.  Dwelling Uses within the OSMUD District shall be limited to 940 new Dwelling Units constructed after the effective date of this Article.  No more than 50 new Dwelling Units so constructed may be single-family dwellings, and the remainder shall be multi-family dwellings, including attached dwellings, garden apartments, units in mixed-use buildings and senior housing.

Neither the dwellings located at 80, 82, 83 nor 90 East Main Street or 26 Clinton Street , nor the Group Home located at 44 Wilson Street , all of which were in existence as of the effective date of this Article, shall be deemed to be a Dwelling Unit for the purposes of this Intensity of Use limitation.  However, in the event that any such dwelling is converted to or reconstructed as a multi-family dwelling use, the resulting number of Dwelling Units in excess of one (1) on any such property shall be counted towards the Intensity of Use limitation.

No Accessory Family Dwelling Unit for which the Board of Appeals grants a Special Permit pursuant to §210-126 shall be deemed to be a separate Dwelling Unit for purposes of this Intensity of Use limitation.

B.         Commercial Uses within the OSMUD District shall be limited to 450,000 square feet of Gross Floor Space in the aggregate, which shall be allocated among the Subdistricts as authorized by a Master Plan Special Permit issued pursuant to §210-172.

C.        Commercial uses within the VC Subdistrict shall not exceed 150,000 square feet of Gross Floor Space in the aggregate. No single building within the VC Subdistrict shall exceed 25,000 square feet of Gross Floor Space except for a single building which may contain up to 38,000 square feet of Gross Floor Space; provided, however, that, notwithstanding the foregoing, the Planning Board may, by Special Permit, approve a single building in the VC Subdistrict which may contain up to 45,000 square feet of Gross Floor Space. 

The following shall be excluded from the calculation of Gross Floor Space for purposes of this Intensity of Use limitation:  (i) The building at 83 East Main Street, in existence as of the effective date of this Article, in the event such building is converted to Commercial Use, and the building at 97 East Main Street (the Pearson House);  (ii) structures accessory to or commonly associated with a Dwelling Use, such as a clubhouse, recreational amenity or management or marketing space; (iii) uses, structures or portions thereof, operated in association with Restricted Land uses; (iv) structures accessory to agricultural and horticultural use, including greenhouses, except that 40% of the area of a greenhouse that is associated with a retail use in the same or an adjacent building shall be included in the calculation of Gross Floor Space.

§210-167.   Affordable Housing

Affordable Housing shall be provided within the OSMUD District in accordance with the following requirements:

A.        Except as otherwise provided in the following paragraph of this Section, not fewer than sixty (60) Dwelling Units within the OSMUD District shall be Affordable Housing, which shall be located within one or more Development Projects containing, in the aggregate, not fewer than two hundred forty (240) Dwelling Units eligible for inclusion in the Massachusetts Department of Housing and Community Development’s Subsidized Housing Inventory.

Notwithstanding the foregoing, if, prior to the issuance of a building permit for a Development Project that contains Affordable Housing, either (i) M.G.L. c. 40B, §§ 20-23 is no longer in effect, or (ii) the rules, regulations or guidelines of the Massachusetts Department of Housing and Community Development issued pursuant to M.G.L. c. 40B, §§ 20-23 no longer provide that all of the units in a rental development that contains at least 25% affordable housing units are eligible for inclusion on the Subsidized Housing Inventory, then not fewer than ninety-four (94) Dwelling Units within the OSMUD District shall be developed as Affordable Housing.

B.         All Affordable Housing shall be integrated with the rest of the Development Project in which it is located, and shall be comparable in design, exterior appearance, construction, and quality of exterior materials with other units in such Development Project.  The mean number of bedrooms in Affordable Housing Dwelling Units shall be no greater than the mean number of bedrooms in the market-rate Dwelling Units in the Development Project in which they are located. 

§210-168.   Dimensional Requirements

A.        The following size and setback requirements shall apply to each lot within the applicable Subdistrict, and between Subdistricts:

* Notwithstanding the definition of Lot Area in §210-4, the surface area of man-made ponds, retention ponds and irrigation ponds shall be included in the area needed to satisfy Minimum Lot Area requirements within the OSMUD District.

            When a Commercial Subdistrict abuts a Residential Subdistrict within the OSMUD District, a setback of at least 50 feet between buildings in the Commercial Subdistrict and the boundary of the Residential Subdistrict shall be provided

B.         The following setback requirements shall apply to any lot within the OSMUD District that abuts land outside the OSMUD District:  

C.        All buildings in the Commercial Subdistrict shall be located a minimum of 100 feet from any lot outside the OSMUD District used for residential purposes at the time of Site Plan Review application.  Such setback area shall be left undeveloped but landscaped; provided, however, that such setback area may contain access ways. This Subsection shall not be deemed to require a minimum setback from lots that are located across any street or right of way from the OSMUD District boundary.

D.        All buildings in the Village Center Subdistrict shall be located a minimum of 100 feet from any lot outside the OSMUD District used for residential purposes at the time of Site Plan Review application.  Such setback area shall be left undeveloped but landscaped; provided, however, that such setback area may contain access ways and parking areas, if screening of such parking areas is provided in a manner approved by the Planning Board. The Master Plan Special Permit may authorize the Planning Board to approve, pursuant to §210-173, a setback of a lesser width than is set forth in this Subsection upon a finding that such a lesser setback is sufficient to screen and/or separate the building from the lot outside of the OSMUD District.  This Subsection shall not be deemed to require a minimum setback from lots that are located across any street or right of way from the OSMUD District boundary.

§210-169.   Parking

A.        The requirements of §210-124(B) (1) relating to the minimum number of parking spaces shall apply in the OSMUD District, with the following additions and exceptions:

B.         Structures accessory to agricultural and horticultural use, including greenhouses, shall not be included in the calculation of Gross Floor Space for purposes of the minimum parking requirements:, except that 40% of the area of a greenhouse that is associated with a retail use in the same or an adjacent building shall be included in such calculation of Gross Floor Space.

C.        Where parking uses have peak user demands at different times or where different uses are accommodated by a shared parking space, as certified by a registered traffic engineer, the Planning Board, by Special Permit may approve shared parking facilities, designed and intended to serve more than a single use shown on a Site Plan, in satisfaction of the applicable minimum parking requirements of §210- 124(B) (1), as modified by this Section.

D.        The Planning Board may, by Special Permit, approve an amount of parking less than applicable minimum parking requirements of §210- 124(B) (1), as modified by this Section, if it finds that the lesser amount of parking will not cause excessive congestion or endanger public safety, and that the lesser amount of parking will provide positive environmental or other benefits.

E.         The Planning Board may, by Special Permit, approve a combination of on-lot and on-street parking, as is appropriate to a pedestrian-oriented environment, in satisfaction of the applicable minimum parking requirements of §210- 124(B)(1), as modified by this Section.

F.         No Special Permit shall be granted pursuant to Subsection C, D, or E above, unless the Planning Board determines that the provision of parking spaces proposed will be in harmony with the general purpose and intent of this Chapter and adequate for all parking needs, and that all parking spaces associated with a use are within practical walking distance thereof.   The Planning Board may grant such approvals with conditions, which may include, but need not be limited to, the following:

(1)   A requirement that shared and off-site parking arrangements between property owners be formalized in an instrument that runs with the land and is recorded at the Registry of Deeds;

(2)   A requirement that adequate space shall be set aside within the Development Project to construct additional parking spaces in the future should the mix of uses and peak demand times change and require additional parking.

§210-170.   Restricted Land

A.        Restricted Land may be used for active and passive recreation, conservation, forestry, agriculture, natural buffers, underground utilities, municipal purposes and other similar purposes necessary for the convenience and enjoyment of the OSMUD District or the Town, as well as other purposes customarily associated with a use authorized by this Subsection. 

B.         The Planning Board shall not issue a Master Plan Special Permit pursuant to §210-172 unless the Master Plan includes not less than 500 acres of Restricted Land consistent with the development and design objectives set forth in §210-162. and planned as large contiguous parcels wherever possible.

C.        Prior to the commencement of a Construction Activity, the North Parcel, consisting of not less than 68 acres, and the South Parcel, consisting of not less than 35 acres, both as shown on the Official Zoning Map, shall be made subject to a Restricted Land Covenant designating such land as open space Restricted Land to be left in substantially its natural state, restored or landscaped, in perpetuity.  Thereafter, land designated as Restricted Land shall be subject to a Restricted Land Covenant in accordance with the provisions of Subsection E below.

D.       Except with respect to the North Parcel and the South Parcel, which may not be released from their Restricted Land Covenants, the Restricted Land Covenants applicable to any Restricted Land may provide that such Restricted Land may be released from a Restricted Land Covenant by an instrument executed by the owner, the Planning Board and the Board of Selectmen, and recorded, provided that not less than an equivalent area of land is made subject to a Restricted Land Covenant and substituted therefor, subject to the approval of the Planning Board.  The forms of Restricted Land Covenants appropriate for particular Restricted Land uses shall be approved by Town Counsel and included in the Master Plan Special Permit.

E.         Applications for Site Plan Review of Development Projects shall designate 1.80 acres of area to remain as Restricted Land for every 1 acre of Buildable Area within the Development Project.  The Restricted Land so designated may be located within the Development Project for which Site Plan Review is being sought or may be located elsewhere within the OSMUD District, and may consist of an entire lot or of a portion of a lot.  The North Parcel and the South Parcel may be designated to meet the Restricted Land requirement for Development Projects within the OSMUD District.

            In the event that less than 500 acres have been made subject to a Restricted Land Covenant at the expiration of fifteen (15) years from the filing of a Notice pursuant to the provisions of §210-172, the owner or owners of such additional land as is required to achieve the 500-acre total shall subject such land to Restricted Land Covenants.  In the event that such owner or owners have not made such additional land as is required to achieve the 500-acre total subject to Restricted Land Covenants within 60 days of the expiration of such period, the Planning Board may designate one or more parcels as are required to achieve such 500-acre total, and such parcels shall forthwith be made subject to a Restricted Land Covenant by the owner or owners thereof.  The Planning Board shall have the authority to extend such deadline to a later date upon a finding that the holder or holders of the Master Plan Special Permit are continuing to pursue development of the OSMUD District and have not yet achieved substantial completion notwithstanding good faith efforts.  The foregoing obligation shall be binding and enforceable pursuant to the provisions of Article XXIV only upon the owner of the parcels required to be restricted at the expiration of such period, as it may be extended, and shall not affect the compliance with this Chapter of any lot in a Development Project which has received Site Plan Approval prior to the expiration of such period, as it may be extended. 

F.         Restricted Land may be (i) owned by a Landowners’ Association, (ii) owned by a non-profit entity, a principal purpose of which is land conservation or the provision of recreational facilities, (iii) conveyed to the Town, or (iv) owned by, made subject to easement rights benefiting, or leased to third parties. In all such cases the uses permitted by such deeds, easements or leases of required Restricted Land shall be consistent with the provisions of this §210-170, the Master Plan Special Permit and the applicable Restricted Land Covenant.  A Landowners’ Association or other party responsible for Restricted Land may adopt reasonable rules and regulations to govern the use of the Restricted Land under its control and to prevent encroachment thereon.

G.        Restricted Land Covenants shall specify the permitted uses of specific parcels of Restricted Land ; the responsible party to be charged with maintenance and stewardship of the Restricted Land in perpetuity; and a required program for such maintenance and stewardship.   Applications for Site Plan Review of Development Projects shall include an agreement authorizing the Town to perform maintenance or stewardship of areas designated as Restricted Land in connection with the approval of such Development Project in the event of any failure to comply with the required program for maintenance and stewardship of the Restricted Land, after thirty (30) days notice to the Landowners’ Association or other responsible party and failure of the Landowners’ Association or such party to cure such failure; provided, however, that, if the Town elects to perform any maintenance or stewardship work, the responsible party therefor shall pay the cost thereof, which cost shall constitute a lien, subordinate to any mortgage or other statutory lien, upon the properties in connection with which the Restricted Land was originally designated, until the cost has been paid. 

H.        Nothing in this Section shall be interpreted to preclude the owner of Restricted Land from imposing additional restrictions on the Restricted Land or a Conservation Restriction or Agricultural Preservation Restriction under G.L. c. 184 §31-33 which are not inconsistent with the applicable Restricted Land Covenant.

§210-171. Administration

A.        The Planning Board shall be the Special Permit Granting Authority for any Special Permit authorized by this Article.  The Planning Board may adopt and file with the Town Clerk Regulations governing Submission Requirements and Procedures for any such Special Permit.

B.         In all matters in which it has jurisdiction to issue a use Special Permit pursuant to §210-165, the Planning Board may issue such Special Permits only upon a finding that the proposed use is in harmony with the general purpose and intent of this Chapter.   Any such Special Permit shall be subject to such conditions and safeguards as the Planning Board may prescribe. In reviewing any application for such Special Permit, the Planning Board shall give due consideration to promoting the public health, safety, convenience and welfare; shall encourage the most appropriate use of land and shall permit no building or use that is injurious, noxious, offensive or detrimental to its neighborhood.

C.        After the initial issuance of a Master Plan Special Permit, uses that require a Special Permit pursuant to §210-165 may be authorized either by an amendment of the Master Plan Special Permit pursuant to an application filed by or on behalf of the owners of all land covered by the Master Plan Special Permit or by a separate use Special Permit pursuant to an application filed by or on behalf of the owners of the land upon which such use is proposed to be located; provided, however, that all use Special Permits shall be consistent with and subject to all provisions of the Master Plan Special Permit applicable to the OSMUD District as a whole.

§210-172.   Master Plan Special Permit 

A.        Except as otherwise provided in this Section, no Construction Activity for any Development Project to be located on land within the OSMUD District may commence unless authorized by a Master Plan Special Permit, issued pursuant to the provisions of this Article and M.G.L. c.40A, §9.

B.         Prior to the commencement of any Construction Activity for any Development Project approved under an OSMUD District Master Plan Special Permit, the applicant may continue to exercise its rights under the underlying zoning and may elect not to exercise the rights granted in the OSMUD District Master Plan Special Permit.  If the applicant elects to exercise the rights granted in the OSMUD District Master Plan Special Permit and pursue development as shown on the approved Master Plan, a Notice to such effect shall be filed with the Town Clerk, Planning Board and Department of Municipal Inspections prior to the issuance of any building permit pursuant to such Master Plan Special Permit.  From and after the filing of such Notice, all Construction Activity within the OSMUD District shall be in accordance with the approved Master Plan Special Permit.  Activities that do not constitute Construction Activity may be undertaken prior to the filing of the Notice under this Section.

C.        Application for Master Plan Special Permit

1.         A record owner desiring an OSMUD District Master Plan Special Permit shall file with the Planning Board an application therefor in accordance with any applicable regulations adopted pursuant to §210-171.

2.         At a minimum, the application for the Master Plan Special Permit shall contain the following information relating to development of the OSMUD District:

(a)        Identification of the entire area of land to be developed;

(b)        The existing topography of the land, vegetative cover, soil types, wetlands and water bodies, roads and ways, the general location, size and shape of structures to be removed and the location, size and shape of structures to remain;

(c)        The general proposed location within which structures will be constructed, including a schedule of various land use types including Dwelling Uses, Commercial Uses, mixed use buildings, and/or buildings accessory to Restricted Land uses;

(d)        The general proposed location, size and intended use of all Restricted Land, including pedestrian, bicycle and equestrian trails, and the Landowners’ Association or other entity intended to own, operate and/or maintain such Restricted Land;

(e)        The general proposed location of all existing and proposed roads, water supply systems, wastewater systems, storm water drainage, utilities, and connections to existing infrastructure, and the Landowners’ Association or other entity intended to own, operate and/or maintain such facilities;

(f)         An analysis of the impact of implementing the Master Plan on surface and ground water quality, groundwater recharge, wildlife habitat and corridors, wetlands and bodies of water, including streams and rivers, both localized and general, and an evaluation of pre-development conditions and post-development conditions;

(g)        A traffic impact and access study on the impact of implementing the Master Plan on the operation, safety and overall convenience of the roadway system providing access to the OSMUD District, including impacts on both vehicular and pedestrian travel, and proposed mitigation and trip reduction techniques, if applicable;

(h)        An analysis of the projected economic impact of implementing the Master Plan on the Town, prepared by a qualified independent economic research consultant;

(i)         A phasing projection indicating the general proposed times within which construction of improvements within the OSMUD District in accordance with the Master Plan is anticipated, which schedule may be subject to variation depending on market forces;

(j)         Proposed Design Guidelines for the OSMUD District; and

(k)        Proposed forms of the Restricted Land Covenants. 

3.         Within seven (7) days of receipt of the application, the Planning Board shall transmit copies of the application material to the Board of Selectmen, Director of Public Works, Conservation Commission, Fire Department, Police Department, Board of Health, Design Review Board, and Director of Municipal Inspections for review and comment.  The Planning Board shall not approve any such application until the final reports of such departments have been submitted to it or until 35 days have elapsed after the transmittal of the application without such report being submitted.

4.         The Planning Board shall hold a public hearing and file its decision with the Town Clerk in conformance with the requirements of M.G.L. c.40A §9. 

D.        Master Plan Special Permit Approval Criteria

No Master Plan Special Permit shall be granted unless the Planning Board finds that:

1.         The Master Plan complies with the provisions of this Article and of the Design Guidelines.

2.         The Master Plan serves the purposes of the OSMUD District as described in §210-162 and will be in harmony with the general purpose and intent of this Chapter.

3.         The impact of the development activities shown on the Master Plan is anticipated to be of benefit to the Town.

4.         The major intersections and roadways providing access to the OSMUD District will continue to operate at an acceptable level of service (LOS) based on the anticipated impact of vehicular traffic from any previously approved uses within the OSMUD District that will remain plus all new proposed development within the OSMUD District.

5.         The Master Plan provides adequately for the convenience and safety of vehicular and pedestrian movement within the OSMUD District and in relation to streets, property or improvements outside of the OSMUD District.

6.         The Master Plan provides for the adequacy of the methods of disposal of sewage, refuse, and other wastes, provision of utilities, and the methods of drainage for surface water and seasonal flooding, if any, and protection of water sources for the Town.

E.         Master Plan Special Permit Amendment

1.         Amendment of the Master Plan Special Permit shall require approval of the Planning Board.  An application to amend the Master Plan Special Permit may be submitted separately or together with an application to the Planning Board for Site Plan Review.  If the Board determines that such amendment is significant, it shall hold a public hearing in conformance with M.G.L. c. 40A §9.  If the Board determines, at a noticed public meeting of the Board but without a public hearing in conformance with MGL c. 40A §9, that such amendment is minor, it may amend the Master Plan Special Permit without a public hearing, and a copy of the amendment shall be filed with the Town Clerk.

2.         Applications for amendment to the Master Plan Special Permit may be filed by the owners of the affected land, and shall not be required to be filed by the owners of all land within the OSMUD District.

F.         Duration of Approval

The issuance of a building permit within two (2) years of the date of the filing of the decision with the Town Clerk (or the date of the final resolution of any appeal of such decision) and the commencement of a Construction Activity within six (6) months of issuance of a building permit for such Construction Activity shall be deemed to constitute substantial use of rights under the OSMUD District Master Plan Special Permit.

§210-173.   Site Plan Review

A.        Construction of all Development Projects within the OSMUD District shall be subject to Site Plan Review by the Planning Board in accordance with the provisions of Article XX, with the following additions and exceptions:

1.         Construction of Development Projects for Residential Uses shall be subject to Site Plan Review, notwithstanding any provision of §210-133 or §210-134 to the contrary.  However Site Plan Review shall not apply to the alteration, reconstruction or enlargement of residential buildings.  For the purposes of this Section, a mixed-use building shall be considered a commercial building, and shall not be considered a residential building.

2.         Construction of all Development Projects for Commercial Uses shall be considered a Major Project with respect to the procedures contained in Article XX.

3.         The Decision Criteria in this Article shall supersede the Decision Criteria contained in §210-136. 

B.         As part of the Site Plan Review process, the applicant and/or licensed professionals engaged by the applicant also shall file with the Planning Board a certification indicating the manner in which the Development Project complies with the provisions of this Article, the Master Plan Special Permit and the Design Guidelines.

C.        Permissible Building Areas:  A Site Plan may show proposed construction within a Permissible Building Area, where the mix of uses and related construction details are subject to change, and shall specify the maximum square feet of Gross Floor Space to be constructed within such Permissible Building Area.  Although the Site Plan may show a proposed building in a specific location, the Site Plan approval shall authorize the construction of the Development Project if the structures therein and other site features thereof are located within the Permissible Building Area indicated.  After the issuance of a Certificate of Occupancy for a building, the amount by which such building is less than the maximum square footage of Gross Floor Space allocated thereto or the amount by which the number of Dwelling Units constructed is less than the Dwelling Units proposed shall be available for reallocation to other proposed buildings or Dwelling Units within the OSMUD District, subject to further site plan review of the buildings to which such intensity of uses is reallocated, if required.

D.        Decision Criteria.

The Planning Board shall approve an application for Site Plan review if it finds that:

1.         The Site Plan complies with the Master Plan Special Permit;

2.         The Site Plan meets all of the requirements and standards set forth in this Article, the Master Plan Special Permit, and applicable Design Guidelines;

3.         The convenience and safety of vehicular and pedestrian movement within the Development Project and in relation to adjacent areas and public ways is ensured;

4.         Substantial adverse potential impacts of the Development Project have been adequately mitigated.

E.         Minor Modifications:  After the filing of a Decision of Site Plan Review, the Planning Board shall have the authority to approve minor modifications to the Site Plan.  Minor modifications shall include changes that involve minor Permissible Building Area adjustments, utility or building orientation adjustments; minor adjustments to parking, landscaping, Restricted Land or other building or site details; or other changes that do not significantly increase the square footage of Gross Floor Space of Commercial Uses within a Development Project or the number of Dwelling Units in a Development Project.  Minor modifications may be approved by the Planning Board at any regularly scheduled public meetings, without the need to hold a public hearing.

F.         Duration of Approval:  Site Plan approvals under this Article shall remain in effect as to a Development Project as long as a building permit for not less than one (1) building in the Development Project is issued within two (2) years of issuance of the Site Plan approval (or the date of final resolution of any appeal of such issuance).

§210-174.  Design Guidelines

A.  To ensure that Development Projects shall be of quality design, the Site Plans for Development Projects within the OSMUD District shall be based on Design Guidelines adopted for the OSMUD District under the Master Plan Special Permit, which shall supersede any inconsistent provisions of design guidelines adopted under Article XXI.

B.   The Design Guidelines shall implement the following principles:

1.   The design shall consider the natural resources of the land, including topographic, geologic and natural features, and the historical character of the Town, where applicable.

2.   Restricted Land and landscaped areas shall complement, enhance or screen the building and parking areas.  Natural features shall be incorporated within Restricted Land areas where possible.

3.   A network of trails shall provide access to various points of interest, including recreation areas, unique vistas, and historic sites both within and outside of the OSMUD District and shall link Restricted Land areas.

4.   The design of the OSMUD District shall incorporate stormwater practices consistent with low impact development techniques in addition to Best Stormwater Management Practices.

5.   Buildings within the OSMUD District shall utilize energy efficient design and execution and low impact development techniques and principles, to the extent feasible.

6.   The design shall be respectful of existing neighborhood settings.

C.        The Master Plan Special Permit may provide that the provisions of the Design Guidelines may be waived by the Planning Board as part of the Site Plan Review process based on a finding that such modifications are necessary or appropriate to meeting the development and design objectives of this Article.

§210-175.   Miscellaneous

            A.        Modifications to Article XII, Water Resources Protection Overlay District.  In the OSMUD District, the following modifications to the provisions generally applicable to the Water Resources Protection Overlay District shall apply:

                        (1)        For purposes of §210-70(C) (2), the term “Development Project” shall be substituted for the term “lot.”

                        (2)        In §210-70(D) (5), the words “except for excavations related to site work” shall be inserted at the end of the clause.

            B.         Modifications to Article XVIII, Supplementary Provisions.  In an OSMUD District, the following modifications to the Supplementary Provisions shall apply:

                        (1)        The provisions of the Design Guidelines shall supersede the provisions of §210-119.1 pertaining to the width of driveways.

                        (2)        The provisions of the Design Guidelines shall supersede the provisions of §210-124 pertaining to the design of parking facilities.

            C.        All land within the OSMUD District as of the date of the issuance of the Master Plan Special Permit shall be subject to the provisions of this Chapter as in effect on such date, provided that substantial use of the rights conferred by the Master Plan Special Permit has occurred in accordance with §210-172(F). 

2.   Amend Article XVIII, Supplementary Regulations, Section 210-124 by inserting the following at the end of the table of off-street parking requirements in B (1):

3.  Amend Article XII, Water Resources Protection Overlay District as follows:

A.  Insert in Section 210-70.D(2) a new clause (c) immediately following clause (b): 

(c) Below ground related to a subsurface parking facility.

B.  Insert a new sentence at the end of Section 210-70.D(9) as follows:  “The provisions § 210-70(D)(9) shall not apply to any existing facilities or any replacements of such existing facilities.”

Stormwater Management and Erosion Control

Article

To see if the Town will vote to amend the Bylaws of the Town of Hopkinton by inserting a new Chapter 172, Stormwater Management and Erosion Control, as follows:

Chapter 172

STORMWATER MANAGEMENT AND EROSION CONTROL

§ 172-1.   Purpose.

A.     The purposes of this Chapter are to: 1) protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment; and 2) protect, maintain, and enhance the public safety, environment and general welfare by establishing minimum standards and procedures to control runoff and prevent soil erosion and sedimentation resulting from construction/alteration and development. 

B.     The Town is mandated by the federal government to adopt a stormwater management bylaw in 2008 and could be subject to penalties if it does not.  The Metropolitan Area Planning Council has received a grant to help the Town of Hopkinton develop a new Stormwater Management bylaw.  The process has begun and will be completed in 2009.  This bylaw is an interim bylaw which is intended to satisfy the mandate of the federal government while the grant process is completed.

§ 172-2.   Applicability.

A.     This Chapter shall apply to all construction activity unless exempt pursuant to § 172-2.C of this Chapter. 

B.     A Stormwater Management Permit (SMP) shall be required from the Planning Board for the following:

(1)   Construction activities that will result in land disturbance of one acre in area or more, or which is part of a common plan for development that will disturb one acre or more; 

(2)   Construction activities that will disturb land with 15% or greater slope, and where the land disturbance is greater than or equal to 10,000 square feet within the sloped area;

(3)   Any construction activity that will increase the amount of impervious surface to more than 50% of the area of a lot.

C.     Exemptions

A Stormwater Management Permit shall not be required for the following activities, whether or not such activity results in disturbance or alteration that meets or exceeds the SMP requirements of Section 172-3.B 

(1)   Additions or modifications to single family structures;

(2)   Additions or modifications to structures which are not for single family use, provided that such addition or modification does not increase the footprint of the structure by more than 100%.

(3)   Normal maintenance of Town owned public land, ways and appurtenances;

(4)   Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A Section 3;

(5)   Activities conducted in accordance with a Forest Stewardship Plan approved by the Massachusetts Department of Conservation and Recreation;

(6)   Normal maintenance of landscaping, gardens, lawn areas, driveways and the like;

(7)   Construction of patios, decks, walkways, swimming pools, sheds, fences, or replacement of wells;

(8)   Repair or replacement of an existing roof;

(9)   Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns; the reconstruction, maintenance or resurfacing of any way maintained by the Hopkinton Department of Public Works;

(10)                       Emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the DPW Director;

(11)                       Repair or replacement of sewage disposal systems;

(12)                       Any work or projects for which all necessary approvals and permits have been issued before the effective date of this Chapter, including Orders of Conditions issued by the Conservation Commission;

(13)                       Any construction activity or project wholly within the jurisdiction of the Conservation Commission, provided that an Order of Conditions has been issued by the Conservation Commission;

(14)                       Any construction activity or project requiring approval under the Subdivision Control Law where the Planning Board has approved an application for definitive subdivision approval, and any construction activity or project requiring Site Plan Review, provided that the plans include stormwater management provisions for the site;

(15)                       Any construction activity or project requiring approval under Zoning Bylaw Articles XIII, Garden Apartments in Residential Districts, XIIIA, Village Housing in Residential Districts, and XVIA, Senior Housing Development, provided that the Planning Board has granted all required approvals, and that the plans include stormwater management provisions for the site.

§ 172-3.  Administration.

A.     The Planning Board shall be the permit granting authority for the issuance of Stormwater Management Permits and shall administer, implement and enforce this Chapter.  Any powers granted to or duties imposed upon the Planning Board may be delegated to its employees or agents or other municipal employees as appropriate.  Permit applications shall be submitted, considered and issued only in accordance with the provisions of this Chapter and the Regulations adopted pursuant to this Chapter.

B.     Stormwater Regulations.  The Planning Board shall adopt, and may periodically amend, rules and regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection and/or consultant fees), procedures and administration of this Chapter.  The Regulations shall be adopted by majority vote after conducting a public hearing.  Such hearing date shall be advertised once in a newspaper of general local circulation, at least fourteen (14) days prior to the hearing date.  Failure of the Planning Board to adopt such Regulations or a legal declaration of their invalidity by a court shall not act to suspend or invalidate the effect of this Chapter.

Stormwater Management Permit procedures and submission requirements shall be defined and included as part of the Stormwater Regulations.  Such Regulations shall include, but shall not be limited to:

(1)   A requirement that Stormwater Management Permits be issued within 60 days of the date of filing a complete application, unless an extension of time has been granted.

(2)   A procedure for distribution to and review of permit applications by the Town of Hopkinton Conservation Administrator, Public Health Administrator, Director of Municipal Inspections, and Director of Public Works.

(3)   A requirement for applicants to submit an Operation and Maintenance Plan for the stormwater management system.

(4)   Performance standards which require that projects must meet the Stormwater Management Standards of the Massachusetts Stormwater Management Policy.  The Planning Board will utilize the policy, criteria and information, including specifications and standards, of the latest edition of the Massachusetts Stormwater Management Policy for execution of the provisions of this Chapter.  This Policy includes a list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater practice.  The Policy may be updated and expanded periodically, based on improvements in engineering, science, monitoring, and local maintenance experience.  Unless specifically altered in the Stormwater Regulations, stormwater management practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to be protective of Massachusetts water quality standards.

C.     Waivers.  Strict compliance with this Chapter or the Stormwater Regulations may be waived by the Planning Board when, in the judgment of the Board, such action is not inconsistent with the purposes of this Chapter or the Regulations.  

D.     Actions by the Planning Board .  The Planning Board may take any of the following actions on an application for a Stormwater Management Permit:  Approval, Approval with Conditions, or Disapproval.  A Permit may be disapproved if the Planning Board determines that the requirements of this Chapter or the Regulations are not met.

E.      Appeals.  A decision of the Planning Board shall be final. Further relief of a decision by the Planning Board made under this Chapter shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with M.G.L. Ch 249 § 4.

§172-4.   Enforcement.

A.     When the Planning Board or its agent determines that an activity is not being carried out in accordance with the requirements of this Chapter, Stormwater Regulations or SMP, it shall issue a written notice of violation to the owner of the property.  Persons receiving a notice of violation may be required to:

(1)   Halt all construction activities until there is compliance.  A “stop work order” will be in effect until the Planning Board or its agent confirms that the activity is in compliance and the violation has been satisfactorily addressed.

(2)   Maintain, install or perform additional erosion and sedimentation control measures;

(3)   Monitor, analyze and report to the Planning Board;

(4)   Remediate erosion and sedimentation resulting directly or indirectly from the activity.

Failure to address a notice of violation in the time specified therein may result in penalties in accordance with the enforcement measures authorized in this Chapter.

B.     Penalty.  Any person who violates any provision of this Chapter, Regulations, or SMP’s issued thereunder, may be punished by a fine of not more than $300.00.  Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the Chapter, Regulations or SMP violated, shall constitute a separate offense.

C.     Non-Criminal Disposition.  As an alternative to the penalty in § 172-4.B, the Town of Hopkinton may elect to utilize the non-criminal disposition procedure set forth in Article II of the Bylaws of the Town of Hopkinton.  Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this Chapter, Regulation or permit violated shall constitute a separate offense.

§172-5.   Severability.

The invalidity of any section, provision, paragraph, sentence, or clause of this Chapter shall not invalidate any section, provision, paragraph, sentence or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.

Description

This bylaw would address the management of stormwater runoff from new construction activity.  In accordance with federal EPA requirements, the Town needs to adopt a stormwater management bylaw in early 2008.  The Metropolitan Area Planning Council (MAPC) has received a grant to assist Hopkinton and other municipalities develop and implement stormwater management and low impact development bylaws and regulations.  The grant project will conclude in early 2009, but the EPA requires that the Town adopt a bylaw now.  Therefore, the proposed bylaw is intended to serve as an interim measure while the subject is further studied and discussed over the next year by Hopkinton residents.  The proposed bylaw is intended to address stormwater resulting from new construction activities only – it does not address matters beyond that, which the Town may or may not wish to address in a future bylaw.  At the conclusion of the grant program, which will include a public discussion and education component, the Planning Board will review the recommendations and work with the Conservation Commission, Board of Health and Department of Public Works in determining a future course of action.

The purpose of the proposed bylaw is to control the impacts of construction related stormwater runoff and nonpoint source pollution.  Proper management of construction site activities and post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, protect water and aquatic resources, and promote groundwater recharge.

Permits:

The stormwater runoff from some construction activities would be regulated, with certain activities requiring a Stormwater Management Permit (SMP) from the Planning Board.  A permit would be required for the following, unless the project is exempt (see “Exemptions” below):

1.      Construction activities that will result in land disturbance of 1 acre or more; 

2.      Construction activities that will disturb land with 15% or greater slope, and where the land disturbance is greater than or equal to 10,000 square feet within the sloped area;

3.      Any construction activity that will increase the amount of impervious surfaces more than 50% of the area of a lot.

Exemptions:

Permits would not be required for the following construction activities, plus any other construction activities which do not meet the thresholds in “Permits” above:

1.      Additions or modifications to single family structures;

2.      Additions or modifications to structures which are not for single family use, provided that such addition or modification does not increase the footprint of the structure by more than 100%.

3.      Normal maintenance of Town owned public land, ways and appurtenances;

4.      Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A Section 3;

5.      Activities conducted in accordance with a Forest Stewardship Plan approved by the Massachusetts Department of Conservation and Recreation;

6.      Normal maintenance of landscaping, gardens, lawn areas, driveways and the like;

7.      Construction of patios, decks, walkways, swimming pools, sheds, fences, or replacement of wells;

8.      Repair or replacement of an existing roof;

9.      Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns; the reconstruction, maintenance or resurfacing of any way maintained by the Hopkinton Department of Public Works;

10.  Emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the DPW Director;

11.  Repair or replacement of sewage disposal systems;

12.  Any work or projects for which all necessary approvals and permits have been issued before the effective date of this Chapter, including Orders of Conditions issued by the Conservation Commission;

13.  Any construction activity or project wholly within the jurisdiction of the Conservation Commission, provided that an Order of Conditions has been issued by the Conservation Commission;

14.  Any construction activity or project requiring approval under the Subdivision Control Law where the Planning Board has approved an application for definitive subdivision approval, and any construction activity or project requiring Site Plan Review, provided that the plans include stormwater management provisions for the site;

15.  Any construction activity or project requiring approval under Zoning Bylaw Articles XIII, Garden Apartments in Residential Districts, XIIIA, Village Housing in Residential Districts, and XVIA, Senior Housing Development, provided that the Planning Board has granted all required approvals, and that the plans include stormwater management provisions for the site.

The Planning Board would adopt regulations to administer the permitting process.  When permits are required, the Planning Board would issue them within 60 days.  The performance standards that applications will have to meet would be the same as the Mass. Department of Environmental Protection Stormwater Management Standards of the Massachusetts Stormwater Management Policy.  The Policy includes a list of stormwater treatment practices and design criteria for each.