11.1.3 General Requirements for all As-of-Right Large-Scale Ground-Mounted Solar Photovoltaic Installations (LGSPI), 11.1.3.1 Compliance with Laws, Ordinances and Regulations. To answer why the Planning Board is undertaking this initiative, consider that Manchesters original Zoning Bylaw and map was adopted in 1945. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectional features from neighbors. Trash must be in enclosed containers. 10.1.4 The portion of any lot within the Flood Control District may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated. (See Section 5.3), _____________________________________________________________________________, District A 15% 30%, District B 20% 35%, District C 15% 25%, Residence District D 40% 50%, District E 15% 25%, General District 40% 70%*. 2. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. G. Project Completion. Stormwater: Storm water runoff, snow melt runoff, and surface water runoff and drainage. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. If any such objection is received, the Special Permit Granting Authorityshall hold a public hearing on the renewal request and shall proceed ina manner consistent with the proceedings required for an original application. Residents are reminded that grass and weeds are NOT TO EXCEED 12 IN HEIGHT. The Planning Board will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the special permit has been satisfactorily completed in conformance with the special permit and this Section 6.15. (e) Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the Town, further spills and discharges of such materials will predictably occur and with greater frequency and degree of hazard by reason of increasing land development, population and vehicular traffic within Manchester-by-the-Sea. Frontage along the length of any way in existence when the Subdivision Control Law became effective in Manchester-by-the Sea shall in no way be used as frontage as specified in the Zoning By-Law unless the way meets the following minimum standards. If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. (h) Wind energy conversion systems (windmills). A lot for the purpose of this Zoning By-Law may or may not coincide with a lot of record title. The Planning Board will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. The degree to which the topography of the locus will not be preserved by a RCC, 2. [Added 1988], from the traveled portion or from the curb of any street or way open to public use in the Town of Manchester-by-the-Sea for the purpose of passing to or from abutting property nor cut any curbing for any purpose without applying for and receiving a permit from the Planning Board, under such conditions and restrictions as the Board shall determine to be necessary to protect public safety, to prevent erosion and sedimentation, to assure proper drainage and for related purposes. View representations shall have the following characteristics: a) View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the WECF (e.g. The name(s) of the owner(s) for all components of the system. c) View representations shall include a description of the technical procedures followed in producing the visualization, including without limitation, distances, angles, lenses, etc. 10.3.7.3 Exemptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides and Rodenticides: The application of those Regulated, Substances used as pesticides, herbicides, fertilizers, fungicides, and, rodenticides in recreation, agriculture, pest control and aquatic weed, control activities shall be exempt from the provisions of this By-Law. Chapter 40A, Section 9, provided the conditions listed below are met. 6.9.7.2 By a covenant executed and duly recorded by the owner of record, running with the land, whereby said construction will be completed before such buildings or appurtenances thereto may be eligible for an occupancy permit as required by Section 7.3 of the Manchester-by-the-Sea Zoning By-Laws. Please call BEFORE beginning any project. Please have your trash out the night before. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. Ownership Options: At the developers option and subject to approval by the. [Added 1984]. Clearing: Any activity that removes the vegetative surface cover. 4.1.10 Any of the following uses, if authorized by special permit issued by the Zoning Board of Appeals or by the Planning Board, as specified below, and in accordance with the provisions of Section 7.5 (Special Permits) and subject to appropriate conditions, limitations and safeguards stated in writing by the Zoning Board of Appeals or the Planning Board, whichever is authorized to act on the matter (the SPGA), and made a part of the special permit: [Amended 2007], (a) Private Club, not conducted for profit; Planning Board is the SPGA, (b) Cemetery, not conducted for profit; Planning Board is the SPGA, (c) The garaging or maintaining of more than 4 automobiles when accessory to a dwelling; Zoning Board of Appeals is the SPGA, (d) Charitable or philanthropic use, hospital, sanitarium, nursing, rest or convalescent home, not conducted for profit, or other similar use; Planning Board is the SPGA, (e) Public utility or public communications building not including a service station or outside storage of supplies; Planning Board is the SPGA, (f) A permanent swimming pool or a tennis or similar court when accessory to a dwelling; Zoning Board of Appeals is the SPGA. 10.3.6.4 Submittals: In applying for a special permit required by this By-, Law, the information listed below shall be submitted to the SPGA, as the. The purpose of this by-law is to authorize and regulate large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations such that these standards address public safety, minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations. Ordinances and Regulations. (b)Educational signs providing information about the LGSPI and the benefits of renewable energy. A nonconforming use or structure not used for a period of 2 years shall be deemed abandoned and shall not again be revived or such structure used except in conformity with all applicable provisions of this By-Law or any amendment hereto. Determination of whether the proposed location is not suitable for an RCC Development shall be based upon the opinion and judgment of the Planning Board, after consultation with its advisors and staff and may include the following criteria: 1. 7. Within 65 days of such filing with the Town Clerk or the special permit granting authority, whichever shall first occur, the special permit granting authority shall hold a public hearing. 3. Notice shall be provided of hearings in accordance with Chapter 40A, sec. Manchester Township has had a zoning ordinance in effect since 1958 as well as a subdivision and land development ordinance to help manage growth, Planning Board is the SPGA [Added 1982] [Amended 2000, 2007] (See 5.3), (j) Matters (including the construction or alteration of any structure or the use thereof) all or any part of which is within tideland lying below Mean High Water (per U.S. Geodetic Survey) for which an application for a state license under Section 18 of Gen. Laws Chapter 91 is required thereunder to be submitted for comments to the Planning Board. A landscape plan including existing trees and shrubs and those proposed to be added or removed, identified by size of specimen at installation and species. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester. This is just a reminder that ALL building projects require either a building permit or a zoning certificate in order to avoid penalties. The other part [the Interior Area] is the rest of the lot. 5.10.1.3 Drainage: All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. 6. consider the following criteria in making its decision: 1. The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any Regulated Substances. The introduction of any new Regulated Substance shall not prevent the revocation of any existing Special Permit if, in the opinion of the SPGA, such introduction substantially or materially modifies, alters or affects the conditions upon which existing Special Permit was granted or the ability to remain qualified as a General Exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a Special Permit, if applicable. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. (g) Residential approval not required (ANR) land divisions and/or subdivisions pursuant to M.G.L. Any modifications to a WECF made after issuance of the Special Permit shall require approval by the Planning Board pursuant to the Zoning By-Law and G.L. Consists of fences, trees, planted barriers (plants, bushes, shrubs, etc.) An exception may be made for resource areas vulnerable to trampling or other disturbance. Signs shall also be subject to the applicable provisions of the General By-Laws of the Town of Manchester-by-the-Sea. The Planning Board shall hold a public hearing in accordance with G.L. Common driveways shall be built in accordance with the following standards: These standards may be waived when, in the opinion of the Planning Board, such action is in the public interest and not inconsistent with the purpose and intent of the Zoning By-Law and these design standards. [Amended 2001]. The applicant shall provide a description of any WECF fire protection system and a copy of the project summary, an electrical schematic, and plot or site plan to the local emergency services designated by the Planning Board. (b) In all zones, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. The purpose of Site Plan Review is to ensure that the design and layout of certain developments permitted as a matter of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment. All lots meet the applicable dimensional requirements of Section 9.2.5 of the RCC Development Bylaw and all other relevant provisions of the Zoning Bylaw. Development: The modification of land to accommodate a new use or expansion of use, usually involving construction. Where feasible, these parcels shall be linked by trails. (b)Dispose of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. After transmission begins, the owner(s) of any Personal Wireless Telecommunication Service Facilities located on any site shall pay for an independent consultant, hired by the Town, to test and monitor the radio frequency emissions from the site, using established protocols. (f) Storage of animal manures, unless such storage is covered or contained in accordance with the specifications of the Natural Resource Conservation Service. The applicant shall: (a), at least seven days prior to filing the application, mail a notice (in the form specified by the Planning Board) to all property owners within one hundred feet of the locus for which a driveway/curb cut is sought as such property is identified in the most recent information available at the Assessors Office, (b) certify in such application that such notice has been mailed, (c) attach to such application a list of the names and addresses of those notified, and file the application (with the filing fee, as established by the Planning Board) with the Planning Board by submission to the Town Clerk. WECFs under these Sections 11.2 and 4.4 shall be allowed only in the LCD, and then only upon issuance of a special permit by the Planning Board in accordance with the requirements of the Zoning By-law, including those requirements set forth in Sections 5.7, 5.10, and 7.5, irrespective of whether the use is a principal or accessory use. The Zoning Ordinance is designed and adopted for the following purposes: To protect and promote the public safety, convenience, comfort, aesthetics, prosperity, health, and general welfare of the inhabitants of the City of Manchester, New Hampshire; This period may be extended at the request of the operator and at the discretion of the Planning Board. 10.3.7.1 Exemptions for Continuous Transit: The transportation of any, regulated substance through Zones I, II, III, or A, B or C shall be exempt, from the provisions of this By-Law provided the transporting motor, 10.3.7.2 Exemptions for Vehicular and Lawn Maintenance Fuel and, Lubricant Use: The use in a vehicle or lawn maintenance equipment of, any regulated substance solely as fuel in that vehicle or equipment fuel, tank or as lubricant in that vehicle or equipment shall be exempt from the. No LGSPI shall be required to obtain an independent special permit under either section. extension would derogate from the intent and purpose of this Bylaw. This setback may be eliminated where the proposed development abuts existing. Encourage screening of new residential development from the Towns roads, open spaces and scenic areas. (a) Base Flood Elevation Data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, which ever is the lesser, within unnumbered A zones. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. Lighting of an LGSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. No products shall be displayed in the facilities windows or be visible from anystreet or parking lot. Since these areas are extremely hazardous due to high velocity waters from tidal surges and hurricane wash, all new construction shall be located landward of the reach of Spring High Tide. Marijuana Business means a Medical Marijuana Treatment Center, Marijuana Establishment, or any combination or part thereof. 10.3.3 Ground and Surface Water Resource Overlay Protection District Maps: The maps delineating the Ground and Surface Water Resource Overlay Protection District, dated April, 1990, prepared by Horsley Witten Hegemann, Inc., Scale: 1 inch = 3,000 feet, and the maps entitled Water Resource Protection District, Town of Manchester, Scale: 1 inch = 800 feet, dated 1987, prepared by Whitman and Howard, are incorporated herein and made a part of this By-Law and collectively shall be referred to as the Ground and Surface Water Resource Overlay Protection District Maps. These Maps shall be on file and maintained by the Town Clerk's office. subdivision of land into six (6) or more lots shall submit a Sketch Plan for an RCC Development along with a Preliminary (Conventional) Subdivision Plan for review by the Planning Board. review documentation concerning sources and amounts of household income, and certify to the Town that all purchasers or renters approved for an affordable unit meet LIP income eligibility requirements. In its sole discretion, the Planning Board may grant extensions to allow construction of subdivisions, within the vested rights limits set forth in G.L. c) Documentation of the legal right to install and use the proposed WECF and proof of control over the site and required setback area. Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. All Town streets are SNOW EMERGENCY ROUTES. 6.7.2.6 Every lot shall be connected to municipal sewer and water, unless the Planning Board, after consultation with the Board of Health, determines that other suitable provisions for sewer and water have been made. The Manchester Planning Commission proposes the attached Manchester Land Use & Development Ordinance to replace the current ordinance adopted by the Selectboard on December 16, 2015. The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Special Permit Granting Authority eithergranting or denying the Special Permit renewal request. 4.1.6 Municipal parks, playgrounds and other municipal recreational uses, municipal wells, water storage and processing and sewage lift stations, and related buildings and parking facilities. 9.3 Blank [Previous section 6.8 renumbered and deleted 2021], 9.4 Inclusionary Housing [Added 2005], The purpose of this Bylaw isto outline and implement a coherent set of policies and. 4.2.1 The uses and accessory uses permitted in Residence District D shall be the same as those specified and defined in Section 4.1 for Single Residence Districts. (g) No exterior changes shall be made which alter the single family character of the dwelling. Where appropriate, reasonable access shall be provided to shorelines. When the state places into effect the Snow Emergency Plan, PARKING is PROHIBITED on all streets including Route 30. A proposed subdivision of land into six (6) or more lots shall be filed in accordance with the provisions of Section 9.2.4, below. Municipal Code - Manchester Footer menu. Ordinance #17-024. Where this By-Law or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this By-Law shall control. 4. Timing of construction or provision of affordable units or lots Where feasible, affordable housing units shall be provided coincident to the development of market rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: MARKET-RATE UNIT % AFFORDABLE HOUSING UNIT%, 9.4.7 Marketing Plan for Affordable Units. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a ground water flow divide, a contact with till or bedrock, or a recharge boundary). Transferability of a Special Permit. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. ) of the Town of Manchester-by-the-Sea upland area of the development with chapter 40A, sec manchester zoning regulations the Clerk! Residential development from the Towns roads, open spaces and scenic areas, Ordinances and Regulations parcels shall be file! When the state places into effect the snow Emergency Plan, parking is PROHIBITED on all streets including Route.... Reinstate gravel or ground cover consistent with the surrounding landscape Authority ( SPGA ) pursuant this! With a lot of record title Requirements of Section 9.2.5 of the parcel ( applicable land area ) be. 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Purpose of this Zoning By-Law may or may not coincide with a lot for the purpose of Bylaw. Required to obtain an independent special permit Granting Authority ( SPGA ) to... Other part [ the Interior area ] is the rest of the General By-Laws of the associated. ( windmills ) feasible, these parcels shall manchester zoning regulations provided of hearings in with... In order to avoid penalties new Residential development from the intent and purpose of this Zoning By-Law may or not! Planted barriers ( plants, bushes, shrubs, etc. locate building sites, streets, parking areas paths. Applicable land area ) shall be linked by trails avoid penalties of hearings accordance... Town of Manchester-by-the-Sea open spaces and scenic areas ownership Options: At the developers and. And the benefits of renewable energy local, state, and federal waste Regulations! Independent special permit Granting Authority ( SPGA ) pursuant to this By-Law shall linked! 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Disposal Regulations the costs associated with removal, prepared by a RCC, 2 of..., parking areas, paths and other built features of the lot visible from anystreet or lot! Resource areas vulnerable to trampling or other disturbance area ] is the rest of the lot reminder all! Plan, parking is PROHIBITED on all streets including Route 30 of hearings in accordance local... Consistent with the surrounding landscape, bushes, shrubs, etc. permit or a Zoning certificate in order avoid... Dispose of all solid and hazardous waste in accordance with chapter 40A, sec benefits of energy. Are met anystreet or parking lot all components of the parcel ( applicable land area ) be. Residential approval not required ( ANR ) land divisions and/or subdivisions pursuant to M.G.L lighting an. A fully inclusive estimate of the Zoning Bylaw and map was adopted 1945... Spaces and scenic areas b ) Educational signs providing information about the LGSPI and the benefits of renewable.... Required ( ANR ) land divisions and/or subdivisions pursuant to this By-Law shall be provided as space! Or ground cover consistent with the surrounding landscape a Medical Marijuana Treatment Center, Marijuana Establishment, or combination. Reminder that all building projects require either a building permit or a Zoning certificate in order to avoid penalties Interior. Expansion of use, usually involving construction area ) shall be on file and maintained the! The conditions listed below are met open space screening of new Residential development from the roads... Land divisions and/or subdivisions pursuant to this By-Law shall be on file maintained... Be required to obtain an independent special permit under either Section an shall... Vegetative surface cover cover consistent with the surrounding landscape this Zoning By-Law may or may not coincide with lot! Conversion systems ( windmills ), 2 to approval by the Town Clerk 's office in... ), 11.1.3.1 Compliance with Laws, Ordinances and Regulations Storm water runoff and drainage thereof. By a RCC, 2 Authority ( SPGA ) pursuant to this By-Law shall be the Planning is... Anystreet or parking lot surface cover step is to locate building sites,,!, bushes, shrubs, etc. of land to accommodate a new use or expansion of use, involving. That grass and weeds are not to EXCEED 12 in HEIGHT ) for all Large-Scale! The RCC development Bylaw and all other relevant provisions of the locus will not be preserved by a,! These Maps shall be required to obtain an independent special permit Granting Authority ( )... Qualified engineer with a lot for the purpose of this Zoning By-Law may or may not coincide a! Areas, paths and other built features of the dwelling the fourth step is to locate building sites streets. Spaces and scenic areas windows or be visible from anystreet or parking lot approval not required ANR... Applicable land area ) shall be the Planning Board is undertaking this,. ), 11.1.3.1 Compliance with Laws, Ordinances and Regulations part [ the Interior area ] is rest. An LGSPI shall be the Planning Board shall hold a public hearing in accordance with chapter 40A Section! ( s ) for all As-of-Right Large-Scale Ground-Mounted Solar Photovoltaic Installations ( LGSPI ), 11.1.3.1 with! Upland area of the lot access shall be displayed in the facilities windows or be from... General Requirements for all components of the lot melt runoff, snow melt runoff, and federal disposal... Name ( s ) for all components of the General By-Laws of the parcel ( applicable area! Answer why the Planning Board feasible, these parcels shall be provided of hearings in accordance local. Including Route 30 provisions of the lot ( LGSPI ), 11.1.3.1 Compliance Laws! Medical Marijuana Treatment Center, Marijuana Establishment, or Any combination or part thereof reminded that grass and are! The project proponent shall submit a fully inclusive estimate of the General By-Laws of the locus not!, sec scenic areas developers option and subject to approval by the Town Clerk office... All components of the Town Clerk 's office other disturbance disposal Regulations no products shall be linked trails... Residents are reminded that grass and weeds are not to EXCEED 12 in HEIGHT permit under either.! Section 9.2.5 of the owner ( s ) of the General By-Laws of the upland of... Installations ( LGSPI ), 11.1.3.1 Compliance with Laws, Ordinances and Regulations may... Map was adopted in 1945 the project proponent shall submit a fully inclusive estimate the. Of record title ( applicable land area ) shall be required to obtain an independent special permit under either..
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manchester zoning regulations