Town of Mansfield, MA Article V Special Provisions and Permits

§ 230-5.1 Surface and Groundwater Resource Protection District.

A. Purpose of district. The purpose of this Surface and Groundwater Resource Protection District is to:

(1) Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Mansfield;

(2) Preserve and protect existing and potential surface and subsurface sources of drinking water supplies;

(3) Conserve the natural resources of the Town; and

(4) Prevent temporary and permanent contamination of the environment.

B. Scope of authority. The Surface and Groundwater Resource Protection District is an overlay district superimposed on other zoning districts established by this bylaw. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Surface and Groundwater Resource Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Surface and Groundwater Resource Protection District.

C. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:

AQUIFER

Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

IMPERVIOUS SURFACE

Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

MINING

The removal or relocation of geologic materials such as topsoil, sand, gravel, metallic ores, or bedrock.

RECHARGE AREAS

Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas may include areas designated as Zone I, Zone II, or Zone III.

SURFACE AND GROUNDWATER RESOURCE PROTECTION DISTRICT

The zoning district defined to overlay other zoning districts in the Town of Mansfield. The Surface and Groundwater Resource Protection District includes Zone II recharge areas.

TOXIC OR HAZARDOUS MATERIALS

Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Mansfield. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under MGL Chapters 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.

ZONE I

The protective radius around a public water supply or well field that must be owned or controlled through either outright ownership or a conservation restriction by the water supplier. This radius is defined as 400 linear feet for a single well with a planned yield of 100,000 gallons per day (gpd) or greater, as defined in 310 CMR 22.00.

ZONE II

The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation), as defined in 310 CMR 22.00.

ZONE III

The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00.

D. Establishment and delineation of Surface and Groundwater Resource Protection District.

(1) For the purposes of this district, there are hereby established within the Town certain surface and groundwater protection areas, consisting of aquifers or recharge areas which are delineated on a map. This map is titled "Surface and Ground Water Resource Protection District, Town of Mansfield"; the scale is one inch equals 2,083 feet, dated February 1992, revised March 1993. The map is further revised to include the East Mansfield Zone II Re-Delineation map, dated January 31, 2013, prepared by Woodard & Curran, at a scale of 1:25,000. This amendment to the current map replaces the 1993 East Mansfield Zone II delineation in its entirety, is hereby made part of the Town Zoning Bylaw and is on file in the Office of the Town Clerk.[1]

[1] Editor's Note: A copy of said map is included as an attachment to this chapter.

(2) Where the boundaries of the district are in doubt or dispute, the burden of proof shall be upon the owner of the land to show where they should be properly located. The landowner may engage an acceptable professional, at the sole expense of the landowner, to provide technical assistance in the delineation of the district boundary. The Planning Board may, by special permit, waive the applicability of this section where the landowner demonstrates that the land proposed for development does not lie within the Surface and Groundwater Resource Protection District.

E. Use regulations. In the Surface and Groundwater Resource Protection District, the following regulations shall apply:

(1) Permitted uses. The following uses are permitted within the Surface and Groundwater Resource Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:

(a) Conservation of soil, water, plants, and wildlife;

(b) Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted;

(c) Foot, bicycle and/or horse paths, and bridges;

(d) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

(e) Maintenance, repair, and enlargement of any existing structure, subject to Subsection E(2), Prohibited uses, and Subsection E(3), Uses and activities requiring a special permit;

(f) Residential development, subject to Subsection E(2), Prohibited uses, and Subsection E(3), Uses and activities requiring a special permit;

(g) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsection E(2), Prohibited uses, and Subsection E(3), Uses and activities requiring a special permit;

(h) Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to those activities are not categorically permitted.

(2) Prohibited uses. The following uses are prohibited:

(a) Landfills and open dumps as defined in 310 CMR 19.006;

(b) Storage of liquid petroleum products, except the following: 1) normal household use, outdoor maintenance, and heating of a structure; 2) waste oil retention facilities required by statute, rule, or regulation; 3) emergency generators required by statute, rule, or regulation; 4) treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that such storage, listed in items 1) through 4) above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill 115% the size of the container's total storage capacity;

(c) Landfilling of sludge or septage as defined in 310 CMR 32.05;

(d) Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

(e) Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of septage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, provided that:

[1] The replacement or repair of a system, which will not result in an increase in design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted;

[2] In cluster subdivisions, the total sewage flow allowed shall be calculated based on the number of lots suitable for construction of an on-site subsurface sewage disposal system in the entire parcel;

(f) Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated run-off or leachate;

(g) Storage of animal manure unless covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service;

(h) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within 10 feet of mean annual high groundwater as determined by a competent evaluator using one or more of the following methods:

[1] A factor to be determined by observation of one or more of the permanent groundwater monitor wells installed and operated by the Town of Mansfield for such purpose; or an on-site monitoring well established by the applicant, or digging a test pit excavated by the applicant to establish maximum groundwater elevation as approved by the evaluator;

[2] A factor to be determined by comparison of soil and topography conditions of the site, with the most applicable observation well and recorded information from the Untied States Geological Survey of Current Water Resource Conditions in Central New England;

[3] Soil morphology of undisturbed soil;

[4] Soil color of undisturbed soil, using the Munsell Color Systems;

[5] Soil mottling of undisturbed soil;

[6] Observations including, but not limited to, topography, soil conditions and botanical features, both on-site and on adjacent parcels; except for excavations for building foundations, roads, or utility works;

(i) Facilities that generate, treat, store, or dispose of hazardous waste subject to MGL 21C and 310 CMR 30.000, except the following:

[1] Very small quantity generators as defined under 310 CMR 30.000;

[2] Household hazardous waste centers and events under 310 CMR 30.390;

[3] Waste oil retention facilities required by MGL c. 21, § 52A;

[4] Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters;

(j) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1;

(k) Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:

[1] The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;

[2] The replacement of an existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);

[3] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;

[4] Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the special permit granting authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality;

(l) Storage of hazardous materials, as defined in MGL Chapter 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill 115% the size of the container's total storage capacity;

(m) Industrial and commercial uses which discharge process wastewater on-site;

(n) Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district;

(o) Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated run-off or leachate;

(p) The use of septic system cleaners which contain toxic or hazardous chemicals.

(3) Uses and activities requiring a special permit. The following uses and activities are permitted only upon the issuance of a special permit by the Planning Board under such conditions as it may require:

(a) Enlargement or alteration of existing uses that do not conform to the Surface and Groundwater Resource Protection District; for the purposes of this bylaw, in the Surface and Groundwater Protection District, the Planning Board shall have the authority to render a finding in accordance with MGL c. 40A, § 6;

(b) Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning [except as prohibited under Subsection E(2)]. Such activities shall require a special permit to prevent contamination of ground and surface water;

(c) The construction of dams or other water-control devices, ponds, pools or other changes in water bodies or courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity;

(d) Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for ground and surface water recharge must be provided which does not degrade ground or surface water quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are unfeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

F. Procedure for issuance of special permit.

(1) The special permit granting authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the Planning Board determines, in conjunction with the Board of Health, the Conservation Commission, Town Engineer and Department of Public Works, that the intent of this bylaw, as well as its specific criteria, are met. The Planning Board shall not grant a special permit under this section unless the petitioner's application materials include, in the Planning Board's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The Planning Board shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.

(2) Upon receipt of the special permit application, the Planning Board shall transmit one copy to the Board of Health, the Conservation Commission, the Town Engineer and Department of Public Works for their written recommendations. Failure to respond to the Planning Board in writing within 35 days of receipt shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

(3) The Planning Board may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection F of this section, and any regulations or guidelines adopted by the Planning Board. The proposal use must:

(a) In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Surface and Groundwater Resource Protection District; and

(b) Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

(4) The Planning Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the municipality.

(5) The applicant shall file 11 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Planning Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

(a) A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

(b) For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:

[1] Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;

[2] Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

[3] Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

(c) Proposed down-gradient location(s) for groundwater monitoring well(s), should the Planning Board deem the activity a potential groundwater threat.

(6) The Planning Board shall hold a hearing, in conformity with the provision of MGL c. 40A, § 9, within 65 days after the filing of the application and after the review by the Town boards, departments, and commissions. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in MGL c. 40A, § 11. The decision of the Planning Board and any extension, modification, or renewal thereof shall be filed with the Town Clerk within 90 days following the closing of the public hearing. Failure of the Planning Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said MGL c. 40A, § 11.

(7) Violations.

(a) Written notice of any violations of this bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, Town Engineer, Department of Public Works, and Water Department. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.

(b) For situations that require remedial action to prevent adverse impact to the water resources within the Surface and Groundwater Resource Protection District, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Mansfield, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

G. Severability. A determination that any portion or provision of the overlay Surface and Groundwater Resource Protection District is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

§ 230-5.2 Earth removal.

A. Purpose. The purpose of this section of the Zoning Bylaw is to provide standards in regard to the design, operation, restoration, and performance for earth removal projects to ensure the protection of the value of adjacent property, the usability of the land from which the earthen material is to be removed so that it is not destroyed, and the groundwater resources and the soils resources in the Town of Mansfield.

B. General conditions. No earth material shall be removed from any lot within the Town of Mansfield unless a special permit has been granted pursuant to this bylaw. For the purpose of surplus material removal as defined herein, the Building Inspector shall be the permit granting authority. For all other earth removal, the Mansfield Planning Board shall be the special permit granting authority.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL OPERATION

Earth removal projects where the prime use of the lot or any part of the lot is for the removal of earth material.

EARTH

Includes earth and earth materials, including sod, soil, topsoil, humus, loam, clay, sand, gravel, stone, and quarry stone which may be taken from or filled upon land.

EXCAVATE

To dig into and remove earth.

GRADING

Alteration of land surfaces by excavation or filling.

POND RESTORATION

Removal of earthen material in the restoration of known ponds within the Town and their enlargement. New ponds shall not be developed.

REMOVAL

The moving of earth from any lot or tract of land.

SUBDIVISION CONTROL

Removal of earthen material from property that is incidental to the installation of the required improvements of an approved subdivision.

SURPLUS MATERIAL

The removal of surplus material:

(1) Shall include material necessary to install the foundation and basement of a building and/or driveways, parking areas, and septic systems as may be authorized by said permit or required by the Board of Health.

(2) May be required in the normal maintenance of property, including private domestic gardening.

(3) As may be required in the performance of public works under municipal, county, or commonwealth authority.

D. Standards. These standards are to be used as guidelines. Other reasonable conditions, requirements, limitations, and safeguards may be required by the Planning Board to protect the health, welfare, convenience, and safety of the public and to promote the best interests of the neighborhood and the Town of Mansfield.

E. Design. All applications, except surplus material, submitted to the Planning Board for removal of earthen material shall be accompanied by the following:

(1) Properly completed application form, which shall include the following:

(a) Estimate of the quantity of gravel to be removed from site.

(b) Length of operation (give dates).

(c) Proposed travel routes.

(d) Proposed daily hours of operation.

(2) A survey and engineering plan properly drawn, at a horizontal scale of one inch equals 40 feet on tracing cloth, by a registered professional civil engineer and registered professional land surveyor; six copies of said plan shall be submitted to the Planning Board and shall include, but not be limited to, the following:

(a) A perimeter plan of the property showing the name of all immediate abutters as taken from the most recent tax lists, and the name and address of the record owner.

(b) Existing topography based on a current survey showing two-foot contour intervals. Elevations should be related to the Mansfield Vertical Control System.

(c) Cross sections taken at one-hundred-foot intervals, the elevation of the existing grade, finished grade, and groundwater elevation.

(d) A log of soil borings; the number of borings taken will vary with the size and geological make-up of the site, but shall be a minimum of one per acre. All borings shall be taken to a minimum depth of six feet below the proposed finished grade.

(e) A topographical map showing final grades and drainage facilities after excavation.

(f) All proposed entrances and exit roads.

(g) Limits of excavation.

(3) Locus plan at a scale of one inch equals 1,000 feet.

F. Operational.

(1) Operation hours, including warm up and repairs of equipment, shall be only between 7:00 a.m. and 3:00 p.m. on Monday through Friday, and loaded trucks may leave prescribed premises only within such hours. The frequency of loaded trucks leaving the premises shall be established by the Planning Board, based upon local conditions, as part of the conditions for the special permit; but in no case shall it be greater than every three minutes. All loaded vehicles shall be suitably covered to prevent dust and contents from spilling and blowing from the load.

(2) Access roads shall be constructed at an angle of 90° to the public way. All access roads shall be properly secured during the nonoperational hours of the excavation process; and this security will remain in effect until the property has been restored and seeding and planting have begun growth.

(3) All access roads leading to public ways shall be treated with cut-back asphalt, State Specification MC-2, and applied uniformly to the full width of the roadway at a rate of one gallon per square yard. This application shall be applied for a distance of 200 feet back from said public ways. Refueling of equipment shall be done on an access road, and the applicant shall provide a plan of what method of disposal is to be used in the event of a spill.

(4) The permit holder shall be responsible for daily cleaning of spillage on all public ways occurring as a result of the operation.

(5) Limits of excavation shall be set by stakes located every 100 feet with a minimum of three feet exposed. A vertical control monument shall be installed in a readily accessible location.

(6) At the end of each work day, no disturbed area shall be left at a greater slope than 45°.

G. Commercial operations.

(1) Excavation shall not be permitted at an elevation which is lower than the street or below the lowest existing elevation on the site, whichever is higher.

(2) Limits of excavation shall be determined as follows:

(a) When the depth of excavation is five feet or less, as measured through the entire width of the cross section, earth may be removed within 25 feet of an abutting property line and land shall be restored to a four-to-one slope.

(b) When the depth of excavation is greater than five feet, as measured through the entire width of the cross section, earth may be removed within 50 feet of abutting property lines and the land shall be restored to a six-to-one slope.

(3) Active earth removal operation shall not exceed a total area of five acres at any one time. Each five-acre section shall be restored prior to the beginning of the next five-acre section. No trees shall be removed from the next five-acre section until the first five-acre section has been appropriately restored, but allowing for reasonable access to the next five-acre section. A grid showing the order of excavation shall be supplied. The sequence of operation may be changed with the consent of the Planning Board.

(4) Monitoring wells shall be installed and monitored every other week for the duration, beginning December 1 through March 30. This monitored period shall be done in the season immediately preceding the filing of the application. The maximum depth of excavation shall be 10 feet above the highest water level recorded during this monitored period. These wells shall be monitored monthly during the entire period, and the monitoring record shall be a requirement and will be used as a basis for the renewal permit if the operation is not completed within one year. The number and location of monitoring wells shall be determined by the Planning Board or the Planning Director.

(5) No area shall be excavated so as to cause accumulation of freestanding water. Permanent drainage and siltration control shall be provided as needed in accordance with good conservation practices. Drainage shall not lead directly into streams or ponds.

(6) All topsoil and subsoil shall be stripped from the operation area and stockpiled for use in restoring the area after the removal operation has ceased.

(7) Any temporary shelters or buildings erected on the premises shall be screened from public view. These structures shall be removed from the premises within 30 days after termination of operation, prior to the release of securities.

(8) No excavation shall be allowed closer than 50 feet to a natural stream or body of water. Natural vegetation shall be left and maintained on the undisturbed land.

(9) All debris, stumps, and boulders shall be disposed of in an approved location shown on the plan, buried and covered, with a minimum of two feet of soil.

(10) Within 30 days following completion of operation, final grading shall be established as shown on the approved topographical plan.

(11) Retained subsoil and topsoil shall be respread over the disturbed area to a minimum depth equivalent to the depth of topsoil on the site prior to the beginning of the operation as determined by the soil boring data, or to a depth of nine inches compacted, whichever is less. The soil shall be seeded with a perennial grass or legume mixture and fertilized or limed in accordance with soil tests to promote the growth of such grass or legume. Upon completion of the operation, the land shall be left so that natural storm drainage leaves the property at the original natural storm drainage points and so that the area of drainage to any one point is not increased.

(12) An "as-built" plan, prepared by a registered professional land surveyor, showing all finished grades, depth of loam, drainage facilities, location of buried debris, and stating that the land conforms with the original plan, shall be prepared and approved by the Building Inspector prior to the release of the performance bond.

H. Subdivision control.

(1) This subsection shall apply to the removal of earthen material from approved subdivisions, approved in accordance with the Subdivision Control Regulations; and the standards shall apply to all zones.

(2) All earthen material removed as part of the installation of required improvements of an approved subdivision plan shall be in conformance with the Mansfield Subdivision Control Regulations. The removal of earthen material within a subdivision shall be incidental to the construction of required improvements, and no earth shall be permitted to leave an approved subdivision site that would exceed the amount required for the installation of required improvements.

(3) All topsoil material stripped from the approved right-of-way shall be stockpiled and remain on the site until all required improvements have been completed and the ground appropriately restored. If the Planning Board determines that there is surplus topsoil, then the Planning Board can approve its removal from the site.

I. Pond restoration.

(1) This section shall apply in connection with pond restoration projects, and the standards shall apply in all zones. Pond restoration shall comply with all applicable state and federal regulations in accordance with this bylaw. Whenever any standards in such laws, regulations, or bylaws are inconsistent, the strictest standards shall be complied with.

(2) The finish grade of pond restoration projects shall be as follows:

(a) A five-to-one slope for a distance of 40 feet into the pond.

(b) Thereafter, the slope may be not greater than three to one.

(3) For the purpose of pond restoration, the water level shall be determined as the low level of flow, which shall be the lowest level of water elevation during the driest season of the year.

(4) Design of control structures shall be submitted with the application and shall be reviewed by the appropriate state and federal agencies prior to approval.

(5) Existing shorelines of bodies of water shall be followed. However, in instances where a new shoreline would be created, it shall be established at a distance no less than 50 feet from abutting property.

(6) All pond restoration projects shall receive approval of the Mansfield Conservation Commission under the Wetlands Protection Act and a discharge permit from the Massachusetts Department of Public Health, Division of Quality Engineering.

(7) All pond restoration projects shall be restored such that all shorelines above the water line shall be loamed and seeded to a depth of five inches. This shall be done on all areas exposed or disturbed during the operation. The loam and seeding shall be done in accordance with accepted landscaping practices. At the completion of the operation, the applicant shall present a certified "as-built" plan prepared by a registered engineer that graphically depicts the finished contours of the completed pond and states that the slopes and all other pertinent construction comply with the Zoning Bylaw and the special permit issued by the Planning Board.

J. Surplus material. The Building Inspector shall issue a permit for the removal of surplus material in the following instances:

(1) When the application for a building permit is issued, the application shall show if surplus material is to be removed as part of the project. In instances where the estimated material to be removed is less than 150 cubic yards, the Building Inspector may issue a permit for said removal, said permit to be part of the building permit for the unit.

(2) If the application is for the removal of 150 cubic yards or more, then it shall be submitted to the Planning Board; and the Planning Board shall review the application and make a recommendation, in writing, to the Building Inspector within 14 days. If the Building Inspector, after review of the recommendations of the Planning Board, determines that said surplus material removal application complies with the purpose and specifications of this bylaw, then the application shall be approved.

K. Administration.

(1) No special permit for earth removal operations shall be approved by the Planning Board until the Board has held the required public hearing in accordance with Chapter 40A of the Massachusetts General Laws; and the Planning Board has determined that the application and plan meet the technical requirements of this bylaw, as well as the following general criteria:

(a) That the operation will not have a detrimental effect on the surrounding land uses.

(b) That no adverse environmental conditions will be created as a result of this operation.

(2) The original and six copies of the earth removal application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Within three days of receipt of said application, the Town Clerk shall transmit the original and two copies to the Planning Board; and one copy each to the Board of Health, Building Inspector and the Conservation Commission.

(3) The Planning Board shall hold the public hearing on said application and shall consider the recommendations of the Board of Health, Conservation Commission, and Building Inspector if such information is submitted as part of the transcript of the public hearing. The public hearing shall be held in accordance with Chapter 40A of the Massachusetts General Laws.

(4) Prior to commencement of operation, the applicant shall submit to the Town a form of security in an amount sufficient to cover the cost of restoring the site. The Planning Board shall set the amount of security, which shall be part of its decision. Upon the completion of the restoration, the securities shall be released, subject to the approval of the Planning Board. An "as-built" plan prepared by a registered professional land surveyor which states that the land conforms with the original plan and shows all finished grades, depth of loam, drainage facilities, and location of buried debris shall be submitted to the Board prior to the release of securities. The Board shall require a ten-percent contingency to be held for one year after final restoration. Such security amount will be detailed by the Planning Board within 10 days upon written request by the applicant.

(5) In the instance of subdivision control, the Planning Board may incorporate the bonding procedure for the earth removal operation with the bonding procedure under Chapter 41 of the Massachusetts General Laws. In the instance of pond restoration and development projects, the performance bond shall also cover the cost of the control structures.

(6) Special permits for earth removal shall be issued for an initial period of one year. One renewal permit for an earth removal operation may be issued by the Planning Board as an extension of the original permit without a new hearing.

(7) Following the approval of a special permit by the Planning Board and prior to the commencement of operation, the applicant shall obtain an operational permit from the Building Inspector. The Building Inspector shall be responsible to enforce the provisions of this bylaw with respect to the operation, as well as any other conditions imposed on the operation by the Planning Board as a condition for receiving the special permit. If at any time during the operation the applicant or their agents are not performing in compliance with the Zoning Bylaw or the conditions imposed by the Planning Board, the Building Inspector shall issue a cease order.

(8) No permit shall be issued until the owner of the site has granted to the Town by contract to enter upon said land with equipment and personnel for the purpose of making acceptable restoration in accordance with the approved restoration plan in the event of default of such restoration in the permit by the owner or their contractual representatives.

§ 230-5.3 Site plan approval.

[Amended 5-19-2015 ATM by Art. 38; 11-4-2021 STM by Art. 16; 5-19-2022 ATM by Art. 18]

A. Purpose. The purposes of site plan approval are to:

(1) Ensure that the layout and design of certain developments permitted as a matter of right are designed to minimize any adverse impacts on the surrounding neighborhood and the environment;

(2) Provide an orderly review procedure for approval of site plans subject to reasonable conditions to maintain the character and integrity of the district and adjoining districts;

(3) Ensure that new, expanded, or reconstructed sites are planned and designed to minimize impacts on the environment, abutters, and Town services through proper design and construction of stormwater systems, parking and loading areas, waste removal, sediment and erosion control, lighting, landscaping and buffering, points of access and egress, pedestrian access, and signage.

B. Applicability.

(1) This § 230-5.3 shall apply to the following:

(a) Any new construction of a permitted nonresidential or multifamily use, or mixed-use development; or

(b) Any modification to an existing nonresidential, multifamily, or mixed-use development that is required to increase the number of parking spaces on the site in order to comply with § 230-4.4; or

(c) Any change in use or reactivation of a nonresidential structure or facility that has not been in use for a period of two years.

(2) Site plan approval will be processed by one of the following means:

(a) Administrative Plan Approval: Any expansion of an existing use that adds less than 5,000 square feet of floor area or which would require at least five but fewer than 15 parking spaces regardless of the number of parking spaces existing on the premises, or any change of use of an existing facility where the change in use involves less than 5,000 square feet shall be subject to Administrative Plan Approval by the Site Plan Approval Committee. The Site Plan Approval Committee shall be chaired by the Director of Planning and Development and will include the Inspector of Buildings, Conservation & Environmental Planner, Health Agent, Director of Public Works, Town Engineer, Water Operations Manager, and Police Chief and Fire Chief or their designees.

(b) Major Plan Approval. Any new construction, or any expansion or change of use an existing use that exceeds the thresholds for Administrative Plan Approval shall be subject to Major Plan Approval by the Planning Board. In addition, the Director of Planning and Development may refer an application for Administrative Site Plan Approval to the Planning Board if the Director determines that the potential impact of proposed change to a site warrants Planning Board review. Alternatively, the applicant may request referral of the site plan application to the Planning Board. Any application submitted or referred to the Planning Board will be processed under the procedures that apply to Major Plan Approval.

(3) Uses which require Site Plan Approval under this Section 230-5.3 are identified by the letter "Y" under the column heading "SPA" of Schedule of Principal Use Regulations.[1]

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

C. Submission requirements. When Administrative Site Plan Approval or Major Plan Approval is required, a site plan application shall be filed with the Town Clerk with a copy to the Planning Board in accordance with the Planning Board's Site Plan Approval Rules and Regulations.

D. Administrative Plan Approval procedures.

(1) The Director of Planning and Development shall distribute copies of the application and plans to members of the Administrative Plan Approval Committee. Members of the Committee shall review the submission and meet within 21 days of the submission date to reach a decision. If the application meets the approval criteria under § 230-5.3F(3) and complies with all zoning requirements that apply to the site, the Committee shall approve it with or without conditions no later than 30 days from the submission date.

(2) Within seven days of the submission date, the Director of Planning and Development may refer any Administrative Plan Approval application to the Planning Board and simultaneously notify the applicant that the application has been transferred. In that event, the review and decision process for Major Plan Approval under § 230-5.3E shall apply.

E. Major Plan Approval procedures.

(1) Within seven days of receipt of the application for Major Plan Approval, the Director of Planning and Development shall transmit copies of the application and accompanying plans to the appropriate Town boards, commissions, and departments (the "reviewing parties."). The reviewing parties shall have 21 days from the submission date to review and report in writing their recommendations to the Planning Board. The Planning Board shall not take final action on a Major Plan Approval application until it has received reports from the reviewing parties or the twenty-one-day period has elapsed.

(2) Planning Board shall conduct a public meeting for a Major Plan Approval application within 35 days of the submission date. The public meeting shall be advertised in a local newspaper once in each of two successive weeks and posted with the Town Clerk.

(3) Within 21 days of the close of the meeting, the Planning Board shall act on the Major Plan Approval application and file its written decision with the Town Clerk no later than 10 days thereafter. The applicant and Planning Board may agree to extend the time limits in this section, provided the agreement is in writing and filed with the Town Clerk.

(4) A majority vote of a quorum of the Planning Board shall be required for a decision on a Major Site Plan application. The Planning Board's written decision shall consist of either:

(a) Approval of the site plan based on a determination that the proposed project meets all requirements of this Subsection F.

(b) Denial of the site plan based on a determination that either: i) insufficient information was submitted with the application in order for the Planning Board to adequately review the proposal, or, ii) a determination that the project does not meet the requirements of § 230-5.3 and no reasonable conditions can accomplish the goal of having the application meet those requirements.

(c) Approval of the site plan subject to reasonable conditions, modifications, or restrictions necessary to ensure compliance with the requirements of this § 230-5.3 and to minimize or eliminate impacts on adjacent properties and streets.

(5) The Planning Board shall sign the approved site plan. One signed copy, along with the written decision of the Planning Board, shall be transmitted to the Inspector of Buildings prior to the issuance of a building or occupancy permit.

(6) The applicant shall record the Site Plan Review decision with the Registry of Deeds or Land Court Registry prior to obtaining a building permit.

(7) The applicant shall comply with all conditions imposed by the Planning Board on the approval prior to issuance of the certificate of occupancy, unless otherwise provided for in the approval.

(8) If the public meeting is not convened or a decision is not rendered within the time allowed under this § 230-5.3, unless the time has been extended by mutual agreement between the Planning Board and the applicant, the application shall be deemed to have been allowed and a site plan approval decision shall be issued. In these cases, the procedures that apply to constructive approval under MGL c. 40A, § 11 shall apply to the Major Site Plan Approval decision.

F. Site Plan Approval criteria. The Planning Board shall approve a site plan upon its determination that:

(1) For the given location and type and extent of land use, the design of building form, building location, egress points, grading, and other elements of the development could not reasonably be altered to:

(a) Improve pedestrian, bicycle, or vehicular safety, and safety of circulation design for people with disabilities, both within the site and egressing from it;

(b) Reduce the visual intrusion of parking areas viewed from public ways or abutting premises;

(c) Reduce the volume of cut or fill;

(d) Protect and enhance existing site features;

(e) Protect adjoining premises against detrimental uses by the provision for surface water drainage, sound and sight buffers, and preservation of views, light, and air;

(f) Reduce the number of mature trees to be removed from the site;

(g) Reduce soil erosion;

(h) Reduce hazard or inconvenience to pedestrians from stormwater flow and ponding.

(2) Adequate water supply and waste disposal systems are available to the site.

(3) The plan provides for all of the following:

(a) Adequate access to each structure for fire and service equipment;

(b) Adequate utility service and drainage;

(c) Compliance with the landscaping and screening requirements under § 230-4.3 of this bylaw.

(d) Conformance of the arrangement of parking and loading spaces in relation to the proposed uses of the premises to § 230-4.4 of this bylaw;

(e) Appropriate design features, building elevations, and design of the buildings and amenities in relation to site features, unique characteristics and neighborhood character, as may be applicable;

(f) Proper methods of disposal of refuse and other wastes resulting from the uses permitted on the site.

(4) Adequate capacity is available on affected streets to accommodate the proposed project, based on a traffic study if one is required by the Planning Board. If a development is projected to cause a decrease in level of service (LOS) over the no-build condition on affected streets, the Planning Board, may require mitigation measures to restore the LOS to the no-build condition.

(5) The proposed development is consistent with the goals and policies of the Mansfield Master Plan and Open Space and Recreation Plan, where applicable.

G. Decision. The written decision shall be as provided for in Subsection E(4).

H. Appeals. Any person aggrieved by the Planning Board's denial of a Major Site Plan Approval application may appeal within 20 days of the date the decision was filed with the Town Clerk, in accordance with MGL c. 40A, § 17.

I. As-built plan. The applicant shall submit to the Inspector of Buildings a final as-built of the site plan in hard copy and the digital format specified by the Inspector of Buildings. The engineer or registered land surveyor shall certify that the construction conformed to the approved site plan or approved modifications thereto. Both the above as-built plan and the certification must be received and approved prior to issuance of the certificate of occupancy.

J. Site Plan modifications. Requests for modifications to an approved site plan shall be processed in accordance with the same procedures as an original Site Plan Approval application:

(1) Any relocation or shifting of structures or parking areas;

(2) Any increase in the gross floor area of structures greater than 1,000 square feet;

(3) Any increase in parking areas by 10 or more spaces;

(4) Any changes that require additional water or sewage use or the relocation of utilities;

(5) Any increase of impervious area by more than 250 square feet; or

(6) For modification of a Major Plan Approval, any substantial changes to the architecture of the structures, including changes in building materials, design, and colors.

§ 230-5.4 Floodplain District.

A. Purpose. The purpose of the Floodplain District is to protect the public health, safety and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics and the flood storage capacity of the floodplain, and to preserve and maintain the groundwater table and groundwater recharge areas within the floodplain.

B. District delineation. The Floodplain District is herein established an overlay district. The district includes all special flood hazard areas within the Town of Mansfield designated as Zones A and AE on the Bristol County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Mansfield are panel numbers 25005C0018F, 25005C0036F, 25005C0037F, 25005C0038F, 25005C0039F, 25005C0041F, 25005C0043F and 25005C0127F, dated July 7, 2009; and panel numbers 25005C0019G, 25005C0107G and 25005C0126G dated July 16, 2015. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 16, 2015. The FIRM and FIS reports are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and the Conservation Commission.

[Amended 5-19-2015 ATM by Art. 37]

(1) Floodway data. In Zone A, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base discharge. In Zone AE, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zone AE, along watercourses that have regulatory floodways designated within the Town of Mansfield on the Bristol County Flood Insurance Rate Map or Flood Boundary Map, encroachments are prohibited the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2) Base flood elevation and floodway data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is lesser, within unnumbered A Zones.

(3) The Building Inspector shall require the applicant to submit a completed "elevation certificate" certifying the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, obtain, if the structure has been floodproofed, the elevation to which it has been floodproofed, a "floodproofing certificate" and shall maintain a record of all such information.

(4) Notification of watercourse alteration. In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:

(a) Adjacent communities.

(b) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway Street, Suite 600-700, Boston MA 02114-2104.

(c) NFIP Program Specialist, Federal Emergency Management Agency, Region 1, 99 High Street, 6th Floor, Boston, MA 02110.

(5) The floodplain management regulation in the Floodplain Overlay District shall take precedence over any less restrictive conflicting local bylaws or regulations.

[Added 4-13-2021 ATM by Art. 24]

C. Definitions.

[Added 4-13-2021 ATM by Art. 24[1]]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (US Code of Federal Regulations, Title 44, Part 59).

FLOOD BOUNDARY AND FLOODWAY MAP

An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E (US Code of Federal Regulations, Title 44, Part 59).

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (Base Code, Chapter 2, Section 202).

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure (US Code of Federal Regulations, Title 44, Part 59).

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory listing of historic places in states with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs (US Code of Federal Regulations, Title 44, Part 59).

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures; provided, however, nothing in this definition shall be deemed to establish retroactive application of this amended bylaw back in time beyond the time periods allowed by the Massachusetts Zoning Act[2] (referenced Standard ASCE 24-14).

RECREATIONAL VEHICLE

A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use (US Code of Federal Regulations, Title 44, Part 59).

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section 202).

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, pavement or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building (Base Code, Chapter 2, Section 202).

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home (US Code of Federal Regulations, Title 44, Part 59).

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be a substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation (US Code of Federal Regulations, Title 44, Part 59).

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided (US Code of Federal Regulations, Title 44, Part 59).

ZONE

A means an area of special flood hazard without water surface elevations determined.

ZONE A1-30 and ZONE AE

Area of special flood hazard with water surface elevations determined.

ZONE A99

Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)

ZONE AH

Areas of special flood hazard having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.

ZONE AO

Area of special flood hazard having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)

ZONE V

Area of special flood hazard without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONE V1-30 and ZONE VE (for new and revised maps)

Area of special flood hazard, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONES B, C, AND X

Areas of minimal or moderate flood hazard or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)

[1] Editor's Note: This article also redesignated former Subsection C through F as Subsections D through G, respectively.

[2] Editor's Note: See MGL c. 40A, § 1 et seq.

D. Use regulations. The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the requirements of the Massachusetts State Building Code (780 CMR 120G, "Flood Resistant Construction and Construction in Coastal Dunes"); Wetlands Protection Regulations [Department of Environmental Protection (DEP), 310 CMR 10.00]; inland wetlands restrictions (DEP, 310 CMR 13.00); and minimum requirements for the subsurface disposal of sanitary sewage (DEP, 310 CMR 15, Title 5), and as may be amended from time to time, pertaining to construction in the floodplain.

E. Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

(1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

(2) Forestry and nursery uses.

(3) Outdoor recreational uses, including fishing, boating, play areas, etc.

(4) Conservation of water, plants, wildlife.

(5) Wildlife management areas, foot, bicycle, and/or horse paths.

(6) Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

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

F. Special permitted uses. All uses allowed by right in the underlying zoning district may be allowed in the Floodplain District by special permit issued by the Planning Board. The general requirements and procedures set forth in § 230-5.5 of the Mansfield Zoning Bylaw shall apply to all special permits issued in the Floodplain District. In addition, in all cases, electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service utilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

G. Prohibited uses. The following uses are prohibited in all cases within the Floodplain District:

(1) The manufacture, storage or disposal of hazardous or toxic materials.

(2) Sanitary landfills, dumps, junkyards or disposal of solid waste, sludge or commercial septage.

(3) The storage or disposal of hazardous wastes, as defined by the Hazardous Waste Regulations promulgated by the Division of Hazardous Waste under the provisions of Chapter 21C of the Massachusetts General Laws, as may be amended from time to time.

H. Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

[Added 4-13-2021 ATM by Art. 24]

I. Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalidated by a court, the remainder of the bylaw shall be effective.

[Added 4-13-2021 ATM by Art. 24]

J. Designation of community floodplain administrator. The Town of Mansfield hereby designates the position of Director of Planning and Development to be the official floodplain administrator for the Town.

[Added 4-13-2021 ATM by Art. 24]

K. Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to: FEMA Region I Risk Analysis Branch Chief, 99 High Street, 6th floor, Boston, MA 02110; and copy of notification to: Massachusetts NFIP State Coordinator MA Department of Conservation and Recreation, 251 Causeway Street, Boston, MA 02114

[Added 4-13-2021 ATM by Art. 24]

L. Variances to Building Code floodplain standards.

[Added 4-13-2021 ATM by Art. 24]

(1) The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

(2) The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:

(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(b) Such construction below the base flood level increases risks to lives and property.

(3) Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

M. Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if:

[Added 4-13-2021 ATM by Art. 24]

(1) Good and sufficient cause and exceptional non-financial hardship exist;

(2) The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(3) The variance is the minimum action necessary to afford relief.

N. Permits required.

[Added 4-13-2021 ATM by Art. 24]

(1) The Town of Mansfield requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

(2) The Town of Mansfield's permit review process includes the use of a checklist of all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

O. Subdivision proposals.

[Added 4-13-2021 ATM by Art. 24]

(1) All subdivision proposals and development proposals in the floodplain.

(a) Such proposals minimize flood damage.

(b) Public utilities and facilities are located and constructed so as to minimize flood damage.

(c) Adequate drainage is provided.

(2) When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

P. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and prohibiting encroachments in floodways.

[Added 4-13-2021 ATM by Art. 24]

Q. Floodway encroachment.

[Added 4-13-2021 ATM by Art. 24]

(1) In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

R. AO and AH Zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters round and away from proposed structures.

[Added 4-13-2021 ATM by Art. 24]

S. Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

[Added 4-13-2021 ATM by Art. 24]

T. Enforcement. Enforcement of this bylaw shall be through the Inspector of Buildings/Zoning Enforcement Officer.

[Added 4-13-2021 ATM by Art. 24]

§ 230-5.5 Special permits.

A. Certain uses are designated in this bylaw as requiring a special permit. The Board of Appeals and the Planning Board may, in accordance with Chapter 40A of the General Laws, grant such special permits. Application for a special permit must be made by the owner of the property noted in the permit or with the owner's written permission. Special permits may be issued only following public hearings held within 65 days after an application and in accordance with the requirements of Chapter 40A of the General Laws and this bylaw. All special permits granted in accordance with the provisions of this bylaw shall lapse within two years of recording of the special permit with the Town Clerk if substantial use of the permit has not commenced sooner, except with good cause.

B. Unless otherwise stated, all applications for a special permit shall consist of the following:

(1) Three completed copies of the appropriate site plan application.

(2) The original and 11 blue-line prints of the site plan at a scale of one inch equals 40 feet.

C. The following items must be included on the site plan:

(1) The proposed name of the development, names and addresses of the applicant, owners and designers of the plan, date and North arrow.

(2) Site boundary, dimension of the lot(s), plat and lot numbers, and zoning district.

(3) Stamp of the registered civil engineer and registered land surveyor who prepare the plan.

(4) Topography (two-foot contours), slopes, kettle holes, and bedrock outcrops.

(5) Size (in square feet) and dimension of existing and proposed structures and buildings.

(6) Location of any existing structures and uses, driveways, driveway openings, parking spaces, hydrants, and service and loading areas located on or within 100 feet of the development site.

(7) Location of any drainage swales, wetlands, streams, ponds, and Water Supply Protection Districts on or within 200 feet of the site.

(8) Accurate locations and dimensions of vehicular driveway entrances and exits, fire lanes, pedestrian walkways, bikeways, and other transportation routes, signs, hydrants, and methods of screening refuse and service facilities.

(9) Names and accurate location of any public or private ways abutting the property.

(10) Names of all abutting property owners.

(11) Information on the percentage of lot covered by structures, parking areas, wetlands, and the amount of remaining open space.

(12) Detailed parking and traffic circulation plan.

(13) In the Industrial Districts, detailed grading, drainage, and erosion control plans designed to the one-hundred-year-frequency storm. All drainage pipes shall be sized to accommodate the twenty-five-year-frequency storm. In all other districts, detailed grading, drainage and erosion control plans shall be designed to conform to standard engineering practice.

(14) Detailed landscaping and outside lighting plan.

(15) Utility plan.

(16) Locus plan at one inch equals 1,000 feet.

(17) All facilities for sewage, refuse, and other waste disposal.

(18) Such other information as may be required by the Planning Board or its agent which is pertinent to the application before the Board.

(19) Renderings: sketches, drawings and/or computer-generated imagery of a proposed building(s) in 2-D and 3-D perspective. Each rendering shall contain a front corner perspective depicting building facade and one side, and a rear corner perspective depicting the rear of the building and one other side. Additional building perspectives are encouraged. The rendering(s) shall show lighting, signage, color, material, details and design. The Planning Board shall have the authority to approve modifications to the approved special permit and building design requested by the applicant.

[Added 4-11-2017 ATM by Art. 29]

D. The original and 11 copies of the development application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Within three days of receipt of said application, the Town Clerk shall transmit the original and eight copies to the Planning Board, one copy each to the Board of Health, Building Inspector, and Conservation Commission.

E. The Planning Board shall hold a public hearing on said application and shall consider the recommendations of the Board of Health, Town Engineer, Conservation Agent, Building Inspector, and other Town professionals or agencies if such information is submitted as part of the transcript of the public hearing. The public hearing shall be held in accordance with Chapter 40A of the Massachusetts General Laws.

F. No special permit shall be approved until the designated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects, after consideration of the following criteria:

(1) Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

(2) Effects on adjoining premises, neighborhood character, and social structure;

(3) Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

(4) Adequacy of municipal facilities and services, including, but not limited to, fire and police protection, water provision, and wastewater disposal;

(5) Effects on the natural environment; and

(6) Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

G. Approval of a special permit by the designated granting authority will be interpreted as a positive recommendation to the Building Inspector insofar as site plan review is concerned.

H. Moratorium on the construction and siting of resource recovery systems.

(1) Findings.

(a) Whereas, the Massachusetts Department of Environmental Quality Engineering (DEQE) has recently placed a one-year statewide moratorium on the permitting and siting of additional trash incinerators; and

(b) Whereas, trash incineration consumes excessive amounts of limited water supplies, emits air pollutants such as lead, mercury, sulfur dioxide, dioxins and furans that may adversely affect the health and welfare of the citizenry and otherwise adversely impact the local environment; and

(c) Whereas, incineration creates large quantities of ash residue that often contains hazardous substances.

(2) Therefore, the moratorium on the construction and siting of resource recovery systems is extended and shall state:

(a) There is hereby established a moratorium on the construction and siting of resource recovery systems, which include but are not limited to the following: resource recovery systems, trash-to-energy plants, resource recovery plants, incineration, refuse-derived fuel plants (RDF), or pyrolysis, or any other facility which processes trash (except municipal uses). Whereas the Solid Waste Study Committee requires additional time to complete its recommendations, this moratorium shall be for a period of two years from its effective date.

(b) To establish a moratorium on the construction and siting of resource recovery systems which includes but is not limited to the following: trash-to-energy plants, resource recovery plants, incineration, refuse-derived fuel plans (RDF), or pyrolysis, or any other facility which processes trash (except municipal uses). It is intended that this moratorium not exceed two years or until the Town Meeting takes action on the recommendation by the Master Plan Advisory Council on the siting, construction and/or operation of these types of facilities.

§ 230-5.6 Cluster residential special permits.

A. Purpose:

(1) To promote the more efficient use of land in harmony with its natural features.

(2) To encourage the preservation of valuable open space.

(3) To protect water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources.

(4) To permit greater flexibility and more attractive, efficient, economical design of residential subdivisions.

(5) To facilitate economical and efficient provision of utilities.

(6) To guide development consistent with the Town's Master Plan.

(7) To meet housing needs and to promote diverse, and thereby efficient, housing at a variety of costs.

B. Applicability.

(1) The Planning Board may grant a special permit for the construction of a cluster residential development in residential districts.

(2) The Planning Board approval of a special permit hereunder shall substitute for compliance with the Subdivision Control Act.

C. Special permit considerations. In issuing a special permit, the Board shall make the following determinations: that the plan complies with the requirements of this section; that the plan is superior to a conventional one in preserving open space for conservation or recreation and in utilizing the natural features of the land; that the plan allows more efficient provision of streets, utilities, and other public services; that it will not have detrimental effects on the abutting neighborhoods, and that considerations have been given to the general guidelines set forth in the Mansfield Master Plan.

D. Minimum tract size. For each application for a special permit, the applicant shall have a tract in a single or consolidated ownership at the time of application that is no less than five times the minimum lot size required in the underlying district.

E. Permitted uses. The following principal uses of the lots within the cluster residential development shall be permitted: one-family detached dwellings; church or other religious purposes; agriculture; public park; conservation area and preserved open spaces and membership clubs and recreation facilities for the exclusive use of the residents of the development.

F. Permitted density.

(1) In a residential cluster development, the maximum number of individual single-family detached house lots permitted shall not exceed the number of buildable lots obtained under conventional subdivision upon which single-family dwellings could be constructed in the residential district(s) within which the tract is located. In Residence 1, 2, 3 and Reservoir Districts, a conventional subdivision shall be designed in accordance with the following schedule in order to determine the permitted number of cluster lots:

		Lot Area Per Unit (square feet)
District		No Sewer	Sewer
Residence 1		60,000	60,000
Residence 2		30,000	20,000
Residence 3
	Detached single-family	10,000	10,000
	Two-family (per unit)	7,500	7,500
Reservoir District		30,000	20,000

(2) The Planning Board may grant additional density in accordance with the following schedule if the stated number of units are assured in perpetuity through covenant, repurchase agreement or other means to serve critical housing needs of local residents, through such means as being sold or leased at cost, and with income qualifications meeting the guidelines of a state or federal housing assistance program, such as the MHFA First Time Homebuyers Program:

District	Percent of Total Units	Lot Area Per Unit (square feet)
Residence 2	5%	16,000
Residence 3	10%	5,500

(3) The Planning Board may grant additional density up to the maximum amount in accordance with the following schedule:

District	Percent of Total Units
Residence 1	Up to 10%
Residence 2	Up to 5%
Residence 3	Up to 5%
Reservoir District	Up to 5%

provided that the petitioner or applicant shall, as a condition of the grant of the special permit, provide the following:

(a) Open space in addition to the 35% minimum required by the bylaw;

(b) Traffic or pedestrian improvements as may be identified in Mansfield's Master Plan and/or Capital Improvements Plan, including but not limited to bikeways, walking trails, and sidewalks; or

(c) Other amenities such as playgrounds, playfields, tot lots or other active recreation facilities.

G. Dimensional regulations and development standards. In a cluster residential development, the following shall apply:

(1) All buildings shall be limited to 35 feet in height.

(2) In all cases of cluster single-family detached house lot development, the following dimensions and standards shall apply:

(a) Lot size: No lot shall be less than 25% of the minimum lot size permitted in the underlying district, except that no cluster lot shall be less than 7,500 square feet except in Residence 3 as provided for in Subsection F(2).

(b) Lot frontage: A cluster lot shall have a minimum frontage of not less than 75 feet.

(c) Lot shape: A cluster lot shall be of a size and shape that shall provide a building site which is in harmony with the natural features of the site.

(d) Building site: The building site shall be clearly designated on each cluster lot, and shall be situated so as to provide open space for each dwelling unit.

H. Improvements. The Planning Board may require that all streets, drainage, water systems, sewerage, utilities, grading, and other improvements be made in accordance with the Rules and Regulations Governing the Subdivision of Land in the Town of Mansfield. In accordance with the Rules and Regulations for the Subdivision of Land in the Town of Mansfield, the Planning Board may also require a performance bond for the proper installation of all improvements.

I. Common open space. In a residential cluster development, the following shall apply:

(1) All land within the cluster tract, as defined in Subsection D, which is not covered by buildings, roads, walkways or parking areas, or which is not set aside as private yards in the cluster lots, shall be set aside and perpetually preserved as common open space.

(2) The area of common open space shall equal at least 35% of the tract in the case of single-family clusters. No more than 15% of the common open space shall be situated within wetlands or the Floodplain Protection Overlay District.

(3) The common open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by most of the residents of the tract.

(4) Provisions shall be made so that the common open space shall either be conveyed to the Town and accepted by it for park or open space use, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded providing that such land shall be left in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway.

J. Additional requirements. In a residential cluster development, the following shall apply:

(1) Parking of automobiles shall not be permitted in those areas designated as open land between any building clusters or any groups of cluster lots.

(2) No cluster lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown on the plan.

(3) Accessory recreation uses in the common open space are subject to all applicable requirements and regulations of the Town of Mansfield Zoning Bylaw. In the event that an accessory use is proposed after the granting of a special permit for cluster residential development, the proposed accessory use shall require a special permit from the Planning Board.

K. Application procedures.

(1) Preapplication review. It is strongly recommended that applicants submit preliminary plans for review by the Planning Board prior to formal application for a special permit. The filing of a preliminary plan and the Board's review thereof shall be in accordance with the requirements of the Subdivision Rules and Regulations of the Town of Mansfield.

(2) Preliminary plan requirements. A preliminary plan shall conform to the requirements for preliminary plans of the Subdivision Rules and Regulations for the Town of Mansfield, and shall include the following additional information:

(a) Dimensions, and proposed use, including layout of facilities, of the common open space;

(b) The location of all proposed buildings and parking spaces;

(3) Application. Applicants for a special permit for a cluster residential development shall submit to the Board the following:

(a) An original and 11 copies of a development plan.

(b) Eight copies of an application, a deed description, a common open space instrument, and a development schedule.

(c) A filing fee as required for a definitive plan under the Mansfield Subdivision Rules and Regulations.

(4) Development plan requirements: The development plan shall meet the requirements for a definitive plan under the Mansfield Subdivision Rules and Regulations, and shall contain the following additional information:

(a) A utilities and drainage plan prepared by a registered professional engineer;

(b) A plan of the common open space, including a depiction of the materials to be used and the quantity, size and species of plantings;

(c) A plan of the common open space, including its dimensions and proposed facilities;

(d) Other materials as the Board may require regarding: measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased run-off, and flooding; design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors; projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours.

(5) Deed description. A deed or other recorded instrument shall be filed showing the applicant to be the owner of the land to be designated as a cluster residential development and that the land is in single or consolidated ownership at the time of final plan application.

(6) Common open space instrument. In order to ensure that the corporation, nonprofit organization or trust will properly maintain the common open space, an instrument(s) shall be recorded at the Bristol North District Registry of Deeds which shall, at a minimum, provide:

(a) A legal description of the common open space.

(b) A statement of the purpose for which the common open space is intended to be used and the restrictions on its use and alienation.

(c) The type and name of the corporation, nonprofit organization, or trust which will own, manage and maintain the common open space.

(d) The ownership or beneficial interest in the corporation, nonprofit organization or trust of each owner of a dwelling in the cluster development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom.

(e) Provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or nonprofit organization or trustees of the trust.

(f) Procedures for the conduct of the affairs and business of the corporation, nonprofit organization or trust, including provision for the calling and holding of meetings of members and directors and/or officers of the corporation or nonprofit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to their ownership or beneficial interest in the corporation, nonprofit organization or trust.

(g) Provision for the management, maintenance, operation, improvement and repair of the common open space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the common open space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, nonprofit organization or trust, and that each owner's share of the common charge shall be a lien against their real estate in the RD, which shall have priority over all other liens with the exception of municipal liens and first mortgages of record.

(h) The method by which such instrument or instruments may be amended.

(7) Development schedule. A schedule shall be filed showing the estimated amount of time that will be required for completion of the development, the rate at which development will take place and the sequence of development.

(8) Review of other boards and agencies: Upon receipt of the application, the Board shall, within 10 days, transmit one copy to pertinent Town professionals, boards and agencies, namely to the Board of Health, Conservation Agent, Town Engineer and Fire Department. These boards and agencies shall review said plans and provide recommendations to the Planning Board within 35 days.

§ 230-5.7 Residential compounds.

A. Purpose: to provide an alternative means of limited residential development as an alternative to a conventional subdivision on tracts of land which promotes efficient use of the land in harmony with its natural resources, minimizes Town maintenance responsibility and cost, and preserves the existing character of the Town.

B. Standards. A group of not more than six and not less than two single-family dwellings sharing common frontage and a private access road may be permitted by special permit by the Planning Board in the R1 District subject to the following: For the purposes of this bylaw, any and all Form A lots created out of the original tract of land upon which the residential compound is proposed for the previous five years shall be counted toward the maximum density (six dwellings) allowed by this bylaw.

(1) A residential compound may be permitted on a single tract of land in one ownership having a minimum frontage of 50 feet and a lot area totaling no less than 80,000 square feet per proposed lot. (Total area divided by 80,000 square feet equals number of lots.)

(2) Dimensional requirements. No structure shall be closer than 40 feet to any other structure or way and 40 feet to any tract boundary line. No exclusive use area (an area located adjacent to a dwelling unit and reserved for its exclusive use) shall be less than 25,000 square feet, exclusive of wetlands.

(3) Access. Each exclusive use area in the residential compound shall have adequate and legally enforceable rights of access to a way via a private street or driveway.

(4) Open space. Any land within the residential compound not designated as an exclusive use area, private road or driveway shall be designated as permanent open space. Such land shall be a total of no less than 35% of the minimum lot area (80,000 square feet) per proposed lot; and such minimum open space area shall contain no more than 15% wetlands. This requirement shall not be construed to prohibit the creation of open space areas greater than the minimum required; provided, however, that the minimum number of square feet per lot area of upland is present. Such land shall have a shape, dimension, character and location suitable for conservation, outdoor recreational facilities of a noncommercial nature, agricultural, preservation of scenic or historic structures, and structures accessory to any of the above uses (including swimming pools, tennis courts, stables, greenhouses).

(a) Provisions shall be made for the open space to be owned:

[1] In common by owners of all dwelling units in the residential compound; or

[2] By a trust or association of the owners of all dwelling units in the residential compound; or

[3] By the Town; or

[4] By the Mansfield Conservation Commission; or

[5] Otherwise as may be authorized by the Planning Board.

(b) In all cases, a perpetual restriction running to or enforceable by the Town shall be recorded in respect to such open land. Such restriction shall provide that the open space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, recreation, or park. Such restriction shall be in a form or substance approved by the Planning Board.

C. Limitation on subdivision. No residential compound for which a special permit has been issued under this section may be subdivided or further developed and a notation to this effect shall be shown on the plan.

D. Other restrictions. The approved plan of the residential compound shall contain statements indicated by the following: that the land lies within an approved residential compound; that development of the land is permitted only in accordance with the land uses indicated thereon; that the Town will not be requested to accept or maintain the private access, drainage, open space or any other improvements within the compound. Further, all deed restrictions with respect to ownership, use and maintenance or permanent open space shall be referenced on, and recorded with, the plan.

(1) The applicant shall be required to submit a conventional preliminary type subdivision plan depicting lot layout, total length of street layout to nearest existing through way, including cul-de-sacs, and approximate wetland delineation at the time of the filing in order for the special permit granting authority to better gauge the merits of the residential compound.

E. Procedure for approval. The applicant shall follow requirements set forth in § 230-5.5, Special permits.

F. If a special permit is granted, the Planning Board shall impose as a condition of approval that copies of all recorded instruments be filed with the Planning Board prior to the issuance of any building permit.

§ 230-5.8 Reservoir District (RD).

A. Purpose. This district is designed to provide maximum protection for the integrity and environment of the Norton Reservoir, while allowing, by special permit, for an intensity of residential and nonresidential uses commensurate with the location of this district.

B. Applicability. In accordance with Article III, the Planning Board may grant a special permit for certain uses in the Reservoir District conforming to the following schedule.

C. Uses density and dimensional requirements.[1]

(1) Residential (§ 230-3.3): same as R3 on Schedule 4.2A.

(2) Business (§ 230-3.5): same as I1 on Schedule 4.2B.

(3) Industrial (§ 230-3.6): same as I1 on Schedule 4.2B.

[1] Editor's Note: See the schedules of density and dimensional requirements included as an attachment to this chapter.

D. No special permit shall be approved by the Planning Board under this section unless the following have been met:

(1) The procedure and requirements set forth in § 230-5.5, Special permits.

(2) The Surface and Groundwater Resource Protection District in § 230-5.1 of this bylaw.

(3) There shall be no increase in water run-off into the Norton Reservoir.

E. The Planning Board may also grant a special permit for additional nonresidential floor area above that allowed in Subsection C, provided that the requirements of § 230-4.9 are met.

§ 230-5.9 Regulated refuse incinerator and landfill special permit requirements.

A. Purpose and scope. This special permitting section is intended to protect public health, safety and welfare by comprehensively regulating inherently hazardous uses of refuse incineration, landfilling and refuse dumping grounds. As used herein, the term "facility" shall mean a regulated refuse incinerator and/or a refuse landfill. This section does not apply to nonregulated refuse incinerators or to hazardous waste facilities. This section shall apply to any person who desires to construct, expand, maintain, operate, keep or sustain a facility, in accordance with these bylaws, whether or not such facility is in operation and whether or not such facility has been closed.

B. Application for special permit. No special permit shall be approved under this section unless the following have been met:

(1) The procedures and requirements set forth in § 230-5.5, Special permits, have been satisfied; and

(2) The procedures and requirements set forth in Subsection C, Mandatory site suitability criteria, have been satisfied; and

(3) The procedures and requirements set forth in Subsection D, General criteria, have been satisfied; and

(4) The special permit shall contain and be contingent upon such conditions as mandated by Subsection C; and

(5) The special permit shall contain and be contingent upon such additional conditions as the Planning Board, in its discretion, may require.

(6) No application for a special permit hereunder shall be deemed complete, and no special permit shall be issued, until an applicant receives and includes with the application any and all site assignment approvals and state permits required by law and regulation from the Board of Health and Massachusetts Department of Environmental Protection. Without limiting the generality of the foregoing, all approvals and permits required by 310 CMR 16.00 and 19.00, as amended, shall be provided before an application is deemed complete or any special permit may be issued.

C. Mandatory site suitability criteria. In reviewing an application for issuance or renewal of any special permit, the following criteria are mandatory and must be satisfied before issuance of any special permit:

(1) Facilities may only be located in Industrial District #1, subject to any limitations elsewhere contained in this Zoning Bylaw.

(2) No person may receive a special permit for a facility if said facility will result in a combined incineration rate greater than 150 tons by weight incinerated per day as measured by the DEP for all facilities located within the Town.

(3) All special permits, whether first issued or upon application for renewal, expansion, or otherwise, shall be conditioned upon employing the then existing best available technology and control technology ("BAT" and "BACT") and shall be subject to and upon compliance with all bylaws and regulations of the Town of Mansfield then in effect at the time of application.

(4) No special permit shall be issued for facilities, where otherwise permitted in these Zoning Bylaws, unless the facility satisfies the below-listed minimum distance requirements:

Protected Use	Landfills (feet)	Regulated Refuse Incinerators (feet)
Sole-source aquifer recharge area	Banned	500
Private wells	500	250
Height above groundwater	10	10
Residential zone	2,000	2,000
Wetlands resource area	250	250
100-year floodplain	Banned	Banned
Upgradient of a wellhead	5,000	500
Zone II	Banned	500
Interim water protection area	2,640	500
Surface water supply upgradient	2,500	500
Surface water supply downgradient	500	250

(a) The distance shall be measured from the property line which will contain the facility to the protected use as listed above. Actual distances shall be included as part of § 230-5.5, Special permits. To determine if a lot contains a protected use, the Planning Board shall make a determination consistent with the definitions promulgated in rules and regulations by DEP, if any, for each protected use.

(5) All persons receiving a special permit hereunder shall satisfy the bonding requirements as shall be determined by the Planning Board. The purpose of the bonding requirements are to assure that all persons receiving special permits hereunder will faithfully perform all conditions of a special permit and to ensure that the Town of Mansfield will have sufficient liability coverage in the event of bankruptcy, involuntary facility closure or other event, including but not limited to environmental harm requiring immediate risk assessment and/or environmental cleanup.

(a) The bonding requirements stated in 310 CMR 30.411 shall act as discretionary guidance to the Planning Board.

(b) The term "bonding requirements" as used herein shall mean a bond with surety or a passbook drawn on any bank acceptable to the Planning Board, payable to the Town of Mansfield.

(c) The amount of bonding requirement shall be $10,000 at a minimum and be in an amount sufficient to assure the purposes stated in Subsection C(5) above.

(6) No special permit may be transferred or assigned without prior Planning Board approval. If a special permit is transferred or assigned it shall automatically be void. Without limiting the conditions upon which a special permit may be revoked, voided or canceled, in the event of bankruptcy or dissolution of any person receiving a special permit, said special permit shall be voided.

D. General criteria. In reviewing an application for issuance or renewal of any special permit, the following are general criteria for consideration:

(1) All documents, reports, studies, determinations and findings resulting from the MGL c. 111, § 150A, site assignment process.

(2) The number of toxic air pollutants emitted or potentially emitted into the environment and the facility's ability to test and control each. Special consideration to the frequency and completeness of testing should be given.

(3) The number of toxic water and ground pollutants emitted or potentially emitted into the environment and the facility's ability to test and control each. Special consideration to the frequency and completeness of testing should be given.

(4) The method of handling, storing, transporting and disposing of incinerator ash. The existence of a long-term contract with a landfill for ash disposal and alternative disposal means for all refuse in the event of temporary closure.

(5) The special permit submitted pursuant to § 230-5.5.

(6) Demand on Town wells or local aquifers for water.

(7) Adequacy of municipal fire equipment.

(8) Rodent, insect, odor, noise, traffic and other nuisance control.

(9) Ability to direct truck traffic away from residential roadways and dangerous intersections; increase in traffic.

(10) In order to determine potential hazards, effectively analyze the suitability of the facility's proposed operations, ensure adequate safeguards, monitor performance and identify all potential liabilities, any person seeking the issuance of a special permit hereunder shall submit the below-listed plans. The scope of each plan shall be within the discretion of the Planning Board; 310 CMR 30.502 may be informational guidance for the Board.

(a) The general refuse analysis plan by obtaining a detailed chemical and physical analysis of a representative sample of all refuse and other substances that will be released into the local air, water and soil. The analysis shall include the EP Toxicity Test described in 310 CMR 30.125 and 310 CMR 30.155 if refuse incinerator ash will be at the facility. At a minimum, this analysis shall contain all the information which needs to be known to treat, store, use, incinerate, transport or dispose of the refuse and other substances to be released into the environment, in compliance with all applicable law.

[1] The plan should identify all toxic substances and quantities that may be released into the local environment. Without limiting the generality of the foregoing, the plan shall identify the toxic substances in: incinerator ash leachate, particulate matter air emissions, gaseous emissions, migrant dust and wastewater releases.

[2] The plan should identify testing and sampling methods for all identified toxic substances with particular emphasis on the frequency of testing.

[3] The plan should identify the procedures to inspect and analyze all incoming refuse in order to ensure the absence of hazardous waste and other prohibited refuse.

(b) The inspection plan should model the scope of 310 CMR 30.515, as applicable.

(c) Emergency avoidance plan designed to prevent and to minimize hazards to the public or the environment from fire, explosions, spills or any other unplanned release of toxic substances into the air, soil, surface water or groundwater. Effective employee training, equipment maintenance schedules and equipment replacement schedules should be included.

(d) The emergency closure plan designed to outline the conditions and procedures under which temporary facility closures will occur. Emergency closures are closures resulting from fire, explosions, spills or any other unplanned release of toxic substances into the air, soil, surface water or groundwater. Rapid notice to the public and Town should be part of the plan. Environmental risk assessments designed to quantify public and environmental harm following emergency closures, with probable liability costs, should be part of the plan.

(e) The permanent closure plan designed to outline the conditions, procedures and probable costs associated with planned permanent closure at the end of the facility's life span. Unplanned permanent closure should also be included.

(11) Such other criteria as the Planning Board may deem appropriate.

E. Administration. The Planning Board may employ experts and charge a special application fee to defray the cost of experts, as may be permitted by law.

§ 230-5.10 Planned commercial and industrial development.

A. Purpose:

(1) To promote an alternative development option to the traditional commercial/industrial subdivision.

(2) To promote a more efficient use of land in harmony with its neighborhood setting and natural features, if applicable.

(3) To allow for private sector control of the access roadway, lighting and drainage, thus saving the Town the maintenance expense and future repair costs.

(4) To guide development consistent with the Town's Master Plan.

(5) To permit greater flexibility and more attractive design of the commercial developments and minimize potential adverse environmental conditions, such as, but not limited to, noise or pollution.

(6) To reduce negative impacts of multiple curb cuts on flow of traffic and to enhance public safety by eliminating multiple curb cuts when possible.

(7) To better manage phased development of the site.

(8) To allow total square feet to be arranged in a number of buildings and various locations on site.

(9) To allow a mixture of uses on a single parcel of land, as provided for in MGL c. 40A, § 9.

B. Applicability.

(1) The Planning Board may grant a special permit for the construction of a cluster commercial and/or industrial development in the following zoning districts:

(a) Business 3.

(b) Industrial 1.

(c) Industrial 2.

(2) The Planning Board approval of a special permit hereunder shall substitute for compliance with the Subdivision Control Act.

C. Special permit considerations. In issuing a special permit, the Board shall take the following into consideration:

(1) That the plan is superior to a conventional development plan in the context of traffic flow, internal building layout, and utility;

(2) That the project will not adversely affect the existing neighborhood, particularly the abutters;

(3) Impact on the health, safety, convenience, general welfare, and amenities of the inhabitants of the Town;

(4) Effects on adjoining premises, neighborhood character, and social structure;

(5) Vehicular and pedestrian traffic convenience, safety and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties and improvements;

(6) Adequacy of municipal facilities and services, including, but not limited to, fire and police protection, water provisions, and wastewater disposal;

(7) Effects on the natural environment;

(8) Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

D. Minimum tract size. The submission shall contain all contiguous parcels in single or consolidated ownership at the time of application and be no less than:

(1) Business 3: 1.5 acres.

(2) Industrial 1: 5.0 acres.

(3) Industrial 2: 1.5 acres.

E. Permitted uses. All permitted uses listed in principal use regulations in the underlying district may be permitted in the planned commercial and industrial development.[1]

[1] Editor's Note: See the Schedule of Principal Use Regulations included as an attachment to this chapter.

F. Permitted density. The maximum amount of building floor area shall not exceed what could be placed on the property under a traditional development scheme. Said floor area may be arranged in a number of buildings sited in various locations on the parcel.

G. Dimensional regulations and development standards. In a planned commercial and industrial development, the following shall apply:

(1) All buildings shall comply with the dimensional regulations as enumerated in §§ 230-4.2, 230-4.3 and 230-4.4.[2]

[2] Editor's Note: See the density and dimensional regulations included as an attachment to this chapter.

(2) It is permitted that a planned commercial and industrial development parcel may remain in singular ownership even though separate buildings may be constructed on the parcel. Alternatively, individual buildings may be sold under the concept of a condominium. Should the applicant, at time of submission, intend to convey individual units or exclusive use areas, the applicant shall supply the following:

(a) The ownership or beneficial interest in the corporation, organization or trust of each owner of a structure in the cluster development and a provision that such ownership or beneficial interest shall be appurtenant to the structure to which it relates and may not be conveyed or encumbered separately therefrom.

(b) Provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or organization or trustees of the trust.

(c) Procedures for the conduct of the affairs and business of the corporation, organization or trust, including provision for the calling and holding of meetings of members and directors and/or officers of the corporation or organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a structure shall have voting rights proportional to their ownership or beneficial interest in the corporation, organization or trust.

(d) Provision for the management, maintenance, operation, improvement and repair of the common areas and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the building owners common charges to pay for expenses associated with the common areas, including real estate taxes. It shall be provided that common charges are to be allocated among the structure owners in proportion to their ownership or beneficial interests in the corporation, organization, trust, and that each owner's share of the common charge shall be a lien against this real estate which shall have priority over all other liens with the exception of municipal liens and first mortgages of record.

(e) The method by which such instrument or instruments may be amended.

H. Open space. Open space required in the underlying district shall be required within a planned commercial/industrial development. In addition, in all cases, § 230-4.3, Landscaping and screening, shall apply to planned commercial and industrial development.

I. Improvements.

(1) The Planning Board may require that all streets, access drives, driveway areas, drainage, water systems, sewerage, utilities, grading and other improvements be made in accordance with the rules and regulations governing the subdivision of land in the Town of Mansfield. The Planning Board may also require a performance bond for the proper installation of all improvements.

(2) Other restrictions. The approved plan of the planned commercial and industrial development shall contain statements indicated by the following: that the land lies within an approved planned commercial and industrial development; that development of the land is permitted only in accordance with the land uses indicated thereon; that the Town will not be requested to accept or maintain the private access, drainage, open space, common areas, or any other improvements within the compound. Further, all deed restrictions with respect to ownership, use and maintenance of permanent open space shall be referenced on, and recorded with, the plan.

J. Application procedures.

(1) Preapplication review encouraged.

(2) Preliminary plan:

(a) To determine square footage.

(b) To examine the planned layout (traffic pattern, access, parking).

(c) Conventional preliminary-type subdivision plan.

(3) Application forms:

(a) Three completed copies of the appropriate site plan application;

(b) The original and 11 blue-line prints of the site plan at a scale of one inch equals 40 feet;

(c) The following items must be included on the site plan:

[1] The proposed name of the development, names and addresses of the applicant, owners and designers of the plan, date and North arrow;

[2] Site boundary, dimension of the lot(s), plat and lot numbers, and zoning district;

[3] Stamp of the registered civil engineer and registered land surveyor who prepared the plan;

[4] Topography (two-foot contours), slopes, kettle holes, and bedrock outcrops;

[5] Size (in square feet) and dimension of existing and proposed structures and buildings;

[6] Location of any existing structures and uses, driveways, driveway openings, parking spaces, signage, outside lighting, sewage disposal, dumpster screening, hydrants, and service and loading areas locate on or within 200 feet of the development site. Driveway openings shall be in conformance with § 230-4.4D(9), Entrance/Exit drive widths and location;

[7] Location on any drainage swales, wetlands, streams, ponds and Water Supply Protection Districts on or within 200 feet of the site;

[8] Accurate locations and dimensions of vehicular driveway entrances and exits, fire lanes, pedestrian walkways, bikeways, and other transportation routes, signs, hydrants and methods of screening refuse and service facilities;

[9] Names and accurate location of any public or private ways abutting the property;

[10] Names of all abutting property owners;

[11] Information on the percentage of lot covered by structures, parking areas, wetlands, and the amount of remaining open space;

[12] Detailed parking and traffic circulation plan;

[13] In the Industrial Districts, detailed grading, drainage, and erosion control plans designed to the one-hundred-year-frequency storm. All drainage pipes shall be sized to accommodate the twenty-five-year-frequency storm. In all other districts, detailed grading, drainage and erosion control plans shall be designed to conform to standard engineering practice;

[14] Detailed landscaping and outside lighting plan;

[15] Utility plan;

[16] Locus plan at one inch equals 1,000 feet;

[17] All facilities for sewerage, refuse, and other waste disposal;

[18] Such other information as may be required by the Planning Board or its agent which is pertinent to the application before the Board.

(d) The original and 11 copies of the development application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Within three days of receipt of said application, the Town Clerk shall transmit the original and eight copies to the Planning Board, one copy each to the Board of Health, Building Inspector, and Conservation Commission;

(e) The Planning Board shall hold a public hearing on said application and shall consider the recommendations of the Board of Health, Town Engineer, Conservation Agent, Building Inspector, and other Town professionals or agencies if such information is submitted as part of the transcript of the public hearing. The public hearing shall be held in accordance with Chapter 40A of the Massachusetts General Laws;

(f) No special permit shall be approved until the designated special permit granting authority has determined that the application and plans meet the submission and technical requirements of this bylaw as well as the following criteria:

[1] Promotion of health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

[2] Protection of adjoining premises and general neighborhood from any detrimental use of the tract or lot;

[3] Convenience, safety and adequacy of vehicular and pedestrian traffic and movement within the site and in relation to adjacent streets, properties, or improvements;

[4] Adequacy of all other municipal facilities relative to fire and police protection and other municipal services to meet with the needs of the proposed development;

(g) Approval of a special permit by the designated granting authority will be interpreted as a positive recommendation to the Building Inspector insofar as site plan review is concerned.

(4) Fees. The application fee for a planned commercial and industrial development will be the same as a special permit application.

K. North Main Street Business Overlay District.

(1) The purpose and intent of this overlay district is to supplement the existing zoning bylaw standards in portions of the Business 1 and Business 2 Zoning Districts with architectural design and performance standards in order to protect property values, stabilize and improve downtown, to increase economic and financial benefits to the North Main Street business corridor, to encourage new development in appropriate locations and densities, to encourage higher-density mixed-use development and reuse of existing structures while maintaining or improving the existing streetscape, density, massing and design features that exist throughout downtown. To promote pedestrian activity through the creation of outdoor dining areas, public or private gathering places, courtyards or open space. To provide a means for development incentives to property owners to encourage the provision of community benefits such as enhanced streetscapes, increased public spaces or other physical, social or cultural amenities that will promote a vibrant downtown district with a mix of business and residential uses in a pedestrian-friendly environment.

(2) The location and limits of the North Main Street Business Overlay District are shown on a map titled "North Main Street Business Overlay District" dated February 25, 2010, at a scale of one inch equals 500 feet and included in this bylaw by reference.

(3) No building or addition to an existing building constructed within the North Main Street Business Overlay District shall be designed with or modeled after franchise or formula-based architecture. This design standard shall not be construed to prohibit the use of franchise trademarks, symbols or signage, provided that they conform to the dimensional requirements of the underlying zone.

(4) Specifically excluded from this bylaw are the removal/demolition of a declared public nuisance (e.g., fire-damaged buildings) that pose a threat to the health and safety of the general public; temporary repair needed to prevent structural deterioration following a natural disaster; and normal and ongoing building maintenance.

(a) In a case where a property owner reconstructs a building that has been deemed a public nuisance or performs normal and ongoing maintenance that results in substantial conformance/compliance with the intent of Mansfield's design standards, that structure may be eligible for participation in the density bonus provisions of this bylaw, in whole or in part.

(b) Reconstruction, renovation or building maintenance that brings the structure into compliance with the downtown design guidelines or provides other public benefits as defined herein may also qualify for district incentives.

(5) Design conformance incentives. Whenever possible, this subsection of the Mansfield Zoning Bylaw will seek to provide incentives through increases in density, alternate parking requirements or a combination of both to encourage conformance to these architectural design standards. These incentives shall apply to mixed-use residential/commercial developments, or developments that contain business/commercial uses only. Specifically excluded from the density bonus provisions of this bylaw are developments that contain only residential uses. The zoning incentives provided for in this overlay district may only be granted with the community benefits or amenities afforded that would not otherwise be required in the underlying zone performance standards.

(6) In addition to conformance to the downtown design standards, a project may receive additional zoning incentives for the provision of the following community benefits or amenities:

(a) Streetscape incentives. A project would have to include at least four of the below for a density bonus.

[1] Lighting fixtures.

[2] Street planters.

[3] Litter receptacles.

[4] Bike racks.

[5] Street trees.

[6] Color/texture/brick sidewalks.

[7] Well-marked crosswalks.

[8] Street furniture.

(b) Public space incentives. A project would have to include at least two of the below for a density bonus.

[1] Wide sidewalks (10 feet plus).

[2] Outdoor dining/seating area.

[3] Courtyards.

[4] Support/Funding for public events held off site but in downtown (e.g., farmers' market, art show, family nights, etc.).

[5] Provision for display of public art.

[6] Support/Create a public events plan.

[7] Minimum percentage of site for public use space, open space to be visually inviting and physically accessible.

(c) Green design incentives: LEED Certified (or similar Green Communities Criteria); Silver Certified; Gold Certified; Platinum Certified. In general, site planning and architectural design shall be used to reduce heating and cooling demands, provide more comfortable indoor and outdoor living spaces and avoid blocking or reflecting sunlight on adjacent public spaces or other buildings.

[1] Green building incentives.

LEED Level (or Similar Green Communities Criteria)
	Additional FAR
	Residential	Mixed Office/ Retail	Mixed Commercial/ Residential
Certified	.05	.10	.15
Silver	.10	.15	.20
Gold	.15	.20	.25
Platinum	.20	.25	.35

[2] Density incentives.

[a] Design standards: 25%.

[b] Streetscape: 25%.

[c] Public spaces: 25%.

[d] LEED Certification or LEED Silver Certification (or similar Green Communities Criteria): 25%.

[e] LEED Gold or Platinum Certification (or similar Green Communities Criteria) (need at least 75% to get density bonus): 50%.

(d) Downtown overlay incentives.

	B2			B1
	Residential	Mixed Office/Retail	Mixed Commercial/ Residential	Residential	Mixed Office/Retail	Mixed Commercial/ Residential
Public benefit design standards	.10	.15	.20	.10	.15	.20
Streetscape	.10	.15	.20	.10	.20	.25
Public space	.10	.15	.30	.10	.25	.30

(7) When a project within the North Main Street Business Overlay District qualifies for a density bonus, parking may be provided for utilizing some or all of the following options:

(a) Projects may design parking areas with 100% of the provided spaces conforming to the subcompact parking guidelines contained in § 230-4.4D(6), Parking spaces, of the Zoning Bylaw. In addition, parking aisle width may be reduced to 22 feet.

— AND/OR —

(b) Projects that qualify for the preceding density bonus provision may provide parking in conformance with the following standards [with the exception of handicapped parking space dimension, which must conform with the Americans with Disabilities Act (ADA) or the rules and regulations of the Massachusetts Architectural Barriers Board]:

Parking Angle (degrees)	Parking Stall Width (feet)	Travel Lane One-Way (feet)	Travel Lane Two-Way (feet)
Parallel	8	12	22
60°	17.5	14	22
90°	17	19	22

— AND/OR —

(c) Parking may be located off-site, on other property located within the North Main Street Business Overlay District, within 500 feet of the primary building. This 500 feet shall be measured along a public way. Such off-site parking shall be in possession, by fee, deed or lease, of the owners of the use served.

— AND/OR —

(d) On-street parking spaces that are wholly within the frontage of a project may be counted toward the project's parking requirements.

— AND/OR —

(e) Mixed-use projects that qualify for the preceding density bonus provisions may provide structured parking subgrade or on a portion of the first floor. For the purposes of this overlay district, structured parking must be accessed from the rear of the structure. In addition, business or professional uses allowed in the underlying zone shall occupy the entire length of the frontage of the building abutting a public way, and for an interior depth of 50% of the depth of the building.

[1] Structured parking at or below grade shall not be counted in the floor area ratio (FAR) calculation for the building.

[2] Structured parking may only be permitted within the primary mixed-use building.

(f) When a project qualifies for a density bonus, the Planning Board may make the finding that tandem parking may be used.

[Added 4-11-2017 ATM by Art. 30]

§ 230-5.11 Adult entertainment special permits.

A. Purpose:

(1) To protect the health, safety, convenience, morals, and general welfare of the inhabitants of the Town of Mansfield;

(2) To minimize congestion in the streets and prevent blight;

(3) To protect and conserve the value of property within the Town;

(4) To encourage the most appropriate use of land throughout the Town;

(5) To guide development consistent with the Town's Master Plan; and

(6) To prevent crime and delinquency of children and ensure their strong moral character.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

As defined in § 230-1.5.

ADULT CABARET

As defined in § 230-1.5.

ADULT MOTION-PICTURE THEATER

As defined in § 230-1.5.

ADULT PARAPHERNALIA STORE

As defined in § 230-1.5.

ADULT VIDEO STORE

As defined in § 230-1.5.

C. Applicability.

(1) The Planning Board shall be the special permit granting authority for all adult entertainment special permit applications.

(2) The Planning Board may only grant a special permit for adult entertainment in the following zoning district(s): Planned Business District.

(3) All adult entertainment special permit applications shall provide all applications, fees, plans, and information identified in § 230-5.5, Special permits, of this Zoning Bylaw.

(4) Application for a special permit shall be filed by the petitioner with the Town Clerk and the Planning Board. Notice of public hearing shall be given in accordance with MGL c. 40A, § 11. Public hearing shall be held within 65 days from the date of filing said application. The decision of the Planning Board shall be made within 90 days of the public hearing. The required time limits for a public hearing and Planning Board decision may be extended by written agreement between the petitioner and the Planning Board. A copy of the agreement shall be filed with the Town Clerk.

D. Special permit considerations.

(1) No special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28. Special permits granted under the provisions of this bylaw are nontransferable. All adult entertainment special permits may be granted for a term not to exceed two years, which may be automatically renewed unless complaints are filed based upon violations of the standards set forth in Subsection D(4). In the event of complaints, the Planning Board shall hold a public hearing to hear said complaints before considering renewal of the special permit.

(2) Special permits granted under this section shall lapse within two years unless substantial use of the permit is made or construction has commenced.

(3) Any existing adult bookstore, adult motion-picture theater, adult paraphernalia store, adult video store, or adult cabaret shall apply for a special permit within 90 days following the adoption by Town Meeting of this zoning bylaw.

(4) In considering a special permit application, the Planning Board shall take the following into consideration:

(a) Impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the Town;

(b) Effects on adjoining premises, neighborhood character, social structure, and community values and standards;

(c) Vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements;

(d) Adequacy of municipal facilities and services, including, but not limited to, fire and police protection, water provision, and wastewater disposal;

(e) Effects on the natural environment; and

(f) Fiscal impacts, including effect on the tax and employment base, municipal finances, and property values.

(5) No special permit shall be issued for an adult entertainment use(s) unless the use(s) conforms to the following minimum setback (distance) requirements.*

Residential zone	1,000 feet
Residential use	1,000 feet
Adult entertainment facility	1,000 feet
Place of worship	1,000 feet
Public/Private school	1,200 feet
Day-care center	1,200 feet
Restaurant, lodge, club	1,000 feet
Town-owned recreation area	1,200 feet
Town line	1,000 feet

*	All measurements are to and from parcel limits (lot lines).

(6) No special permit shall be approved until the special permit granting authority has determined that the application and plans meet all the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects after consideration of all the criteria of § 230-5.5, Special permits, and this § 230-5.11, Adult entertainment special permit.

§ 230-5.12 Mansfield Station Revitalization Overlay District.

[Amended 4-11-2023 ATM by Art. 13]

A. Purpose. The purpose of the Mansfield Station Revitalization Overlay District (MSROD) is to promote recognized transit-oriented development (TOD) strategies resulting in high-value new and infill development within walking distance of Mansfield's commuter rail station, in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning seeks to accomplish the following purposes:

(1) Provide a mix of housing types, such as multifamily, mixed-use, and live/workspace.

(2) Allow and incentivize retail, commercial, and office spaces.

(3) Promote public space and art and encourage human interaction in a safe and nurturing environment.

(4) Promote pedestrian-oriented development on a human scale, with vehicular traffic patterns that are nonintrusive to existing residential neighborhoods.

(5) Articulate design standards to promote safe, interesting, and varied public spaces.

B. Establishment and applicability. The MSROD is an overlay district having a land area of approximately 64 acres in size that is superimposed over the underlying zoning districts with the boundary shown on the Mansfield Station Revitalization Overlay District Map dated June 15, 2023. Said map is on file in the office of the Town Clerk and the map is incorporated in this bylaw by reference.[1]

(1) Applicability of MSROD. An applicant may develop multifamily housing, mixed-use, and commercial uses located within the MSROD in accordance with the provisions of this § 230-5.12.

(2) Underlying Zoning. The MSROD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimensions, and all other provisions of the Zoning Bylaw governing the respective underlying zoning districts shall remain in full force, except for uses allowed as of right or by special permit in the MSROD.

(3) Subdistricts. The MSROD contains the following subdistricts, all shown on the MSROD Boundary Map: Subdistrict A is located closest to the train station, and Subdistrict B is located adjacent to residential zones.

[1] Editor's Note: Said map is also included as an attachment to this chapter.

C. Definitions. For § 230-5.12, MSROD, the following definitions shall apply. Refer to Article III, Principal Use Regulations, of the Zoning Bylaw for all other definitions not listed below.

ACCESSWAY

A formalized path, walkway, or other physical connection which allows pedestrians to their reach destinations directly.

AFFORDABLE HOUSING

Housing that contains affordable units as defined by Subsection J and § 230-6-2 of the Zoning Bylaws.

AFFORDABLE UNIT

A multifamily housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

APPLICANT

A person, business, or organization that applies for a building permit, site plan review, or special permit.

ARCADE

A covered walkway attached to a building and supported on the sides but not attached to the building by columns.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region of Taunton-Mansfield-Norton, which includes the Town of Mansfield, as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the zoning in place at the time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

BLADE SIGN

A wall-mounted sign installed perpendicularly to the front wall of a building.

BUILDING COVERAGE

The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building coverage does not include surface parking.

BUILDING SCALE

The relationship between the mass of a building and its surroundings, including the width of the street, nearby open space, and the mass of buildings on adjacent properties. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.

COMPLIANCE GUIDELINES

Compliance Guidelines for Multifamily Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time.

DEVELOPMENT AGREEMENT

A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property.

DEVELOPMENT STANDARDS

Provisions of Subsection H, General development standards, made applicable to projects within the MSROD.

DHCD

The Massachusetts Department of Housing and Community Development, or any successor agency.

FAST CASUAL RESTAURANT

A sit-down restaurant with no wait staff or table service. Advertises high-quality foods at a higher price point than fast food restaurants. Food is often made-to-order. Does not have a drive-through.

FOOD TRUCK

A large vehicle equipped with facilities for cooking and selling food.

LIVE-WORK

A structure used by a single household both as a dwelling unit and as a "workspace;" where such workspace occupies at least 50% of the unit's total floor area. The unit may be designed as a "live above" with the workspace on the ground level and the living space above or it may be designed as a "live beside" with the workspace and the living space on the same level but adequately separated. The living space of a live-work unit shall contain a kitchen area and sanitary facilities.

MBTA

Massachusetts Bay Transportation Authority.

MIXED-USE DEVELOPMENT

Development that includes different, complementary uses (both residential and nonresidential) and which provides for a variety of activities throughout the day. For a mixed-use development, uses may be mixed within the buildings or in separate buildings, or consolidated within the project proposal. See illustrations in Subsection F(2)(a), Special permit incentive zoning: Incentive zoning description: Prequalification.

MULTIFAMILY HOUSING

A building in the MSROD with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

OPEN SPACE

Contiguous undeveloped land within a parcel boundary. Open space may or may not be in the public realm, or publicly accessible open space.

OPEN-AIR MARKET

An outdoor market held on a regular basis at which vendors may sell produce, freshly prepared food products, and other locally grown goods. Specifically excluded from this definition is outdoor display and sales associated with retail establishments that are principally located indoors.

PARKING, SHARED

Parking that is utilized by two or more uses, considering the variable peak demand times of each use; the uses can be located on more than one parcel.

PARKING, STRUCTURED

A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports. The first-floor street frontage shall contain retail use(s) other than at the ingress/egress to the structure.

PARKING, SURFACE

One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.

PEDESTRIAN-FRIENDLY DESIGN

The design of neighborhoods, streetscapes, buildings, and other uses that promotes pedestrian comfort, safety, access, and visual interest.

PEDESTRIAN-SCALE

The size and proportion of physical environmental elements that closely relate to the human body, e.g., a twelve-foot lamppost instead of a thirty-foot lamppost, and a facade with vertically oriented framed windows as opposed to a facade with a continuous and unarticulated window wall.

PET GROOMING SHOP

A shop providing bathing and trimming services for small animals on a commercial basis, with no overnight boarding.

PUBLIC REALM (PUBLIC OPEN SPACE)

Outdoor spaces owned by the municipality or spaces made available to the public in perpetuity through permanent easements, rights-of-way, or similar arrangements for physical and visual access by the general public; these spaces recognized as part of the "fabric of a community" and along with the surrounding buildings comprise the visual and physical character composition of a district, neighborhood, or the broader community. The public realm may consist of streets, sidewalks, bicycle facilities, pathways, parks, plazas, alleys, and accessways, as well as amphitheaters, arcades, porticos, pavilions, etc. The public realm is comprised of spaces that encourage people to gather, exchange ideas, recreate, and engage in a variety of outdoor entertainment activities. Such spaces typically include amenities such as site furniture (benches, tables, chairs, trash receptacles), recreation equipment, shade structures, landscaping, site lighting, small performance stages, and public art. Additional reference is made to open space.

QUICK SERVICE RESTAURANT

A food retailing institution featuring a very limited menu, precooked or quickly prepared food, and take-out operations.

RESIDENTIAL DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SECTION 3A

Section 3A of Massachusetts General Laws Chapter 40A (the Zoning Act).

SITE PLAN REVIEW AUTHORITY

The site plan approval granting authority shall be the Mansfield Planning Board. All public hearings shall be conducted in accordance with MGL Chapter 40A.

SMALL WIRELESS FACILITY

Facilities that meet the following conditions:

(1) The facilities:

(a) Are mounted on structures 50 feet or less in height (including the antenna); or

(b) Are mounted on structures no more than 10% taller than other adjacent structures; or

(c) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10% whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.

SPECIAL PERMIT GRANTING AUTHORITY

The special permit granting authority shall be the Mansfield Planning Board. All public hearings shall be conducted in accordance with MGL Chapter 40A.

SUBDISTRICT

An area within the MSROD that is geographically smaller than the MSROD district and differentiated from the rest of the district by use, dimensional standards, or development standards.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified affordable housing units maintained by DHCD used to measure a community's stock of low- or moderate-income housing for the purposes of MGL Chapter 40B, the Comprehensive Permit Law.

TRANSIT STATION

An MBTA subway station, commuter rail station, or ferry terminal.

TRANSIT-ORIENTED DEVELOPMENT (TOD)

A development pattern created around a transit facility or station is characterized by higher density, mixed uses, a safe and attractive pedestrian environment, reduced parking, and direct and convenient access to the transit facility.

D. Permitted uses. Uses allowed in the MSROD are outlined in this subsection. All uses not specifically allowed by right or by special permit are prohibited. Refer to Subsection C, Definitions, and Article III, Principal Use Regulations, where indicated.

KEY:

Y = Use permitted as of right

S = Special permit of the Planning Board

SPA = Site plan approval

Y = Site plan approval required

N = Site plan approval not required

Extensive Uses	Permitted Uses	Site Plan Approval
Conservation, per § 230-3.2C	Y	N
Recreation, per § 230-3.2D	S	Y
Recreation, Mansfield nonprofit, per § 230-3.2E	Y	Y
Residential	Permitted Uses	Site Plan Approval
Multifamily housing, per § 230-5.12C	Y	Y
Rowhouse, townhouse, per § 230-3.3E	Y	Y

Governmental, Institutional, and Public Service Uses	Permitted Uses	Site Plan Approval
Municipal use, per § 230-3.4A	Y	Y
Educational, per § 230-3.4B	Y	Y
Religious, per § 230-3.4C	Y	Y
Philanthropic, per § 230-3.4D	Y	Y
Day-care center, per § 230-3.4E	Y	Y
Public service utility, per § 230-3.4H	Y	Y
Temporary use, per § 230-3.4J	S	N

Business Uses	Permitted Uses	Site Plan Approval
Retail store, per § 230-3.5A	Y	Y
Open-air market, per § 230-5.12C	Y	Y
Office, per § 230-3.5C	Y	Y
Bank, per § 230-3.5D	Y	Y
Restaurant, per § 230-3.5E	Y	Y
Fast-food restaurant, non-drive-up, per § 230-3.5F	Y	Y
Fast casual restaurant, per § 230-5.12C	Y	Y
Food trucks, per § 230-5.12C	Y	Y
Quick service restaurant, per § 230-5.12C	Y	Y
Hotel/motel, per § 230-3.5G	S	Y
Personal service shop, per § 230-3.5L	Y	Y
Craft shop and building trade, per § 230-3.5M	Y	Y
Commercial/trade school, per § 230-3.5N	S	Y
Amusement facility, per § 230-3.5O	S	Y
Parking facility, per § 230-3.5T	S	Y
Home occupation, per § 230-3.5V	Y	Y
Live/work, per § 230-5.12C	Y	Y
Pet grooming shop, per § 230-5.12C	Y	Y

Industrial Uses	Permitted Uses	Site Plan Approval
Exterior wireless communication facility, per § 230-3.6G	S	Y
Interior wireless communication facility, per § 230-3.6G	Y	Y
Small wireless facilities, per § 230-5.12C	Y	Y

Classification of Other Uses	Permitted Uses	Site Plan Approval
Mixed-use development, per § 230-5.12C	Y	Y
Adaptive reuse of historic structures, per § 230-3.7B	S	Y
Accessory Uses	Permitted Uses	Site Plan Approval
Parking, including surface parking and parking within a structure such as an aboveground or underground parking garage or other building on the same lot as the principal use, per § 230-3.8.	Y	Y

E. Dimensional standards.

(1) Table of dimensional standards. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the MSROD are as follows:

Standard	Dimension
Minimum Lot Size (Square Feet)	None
Height Feet (Maximum)
Subdistrict A	60
Subdistrict B	45
Minimum Open Space	None
Floor Area Ratio (FAR)
Mixed-use	3.5
All other allowed uses	2.5
Minimum Frontage (feet)	50
Minimum Setbacks (feet)a
Front	0
Side	0
Rear	15

Notes:

^a Setbacks: A setback abutting a residential zone may be further increased by the approving authority to no greater than 20 feet upon a finding, based on the project's massing, scale, or architectural design, that the project fails to be compatible with the character of any nearby residential buildings.

(2) Minimum tract size. A development proposal parcel shall contain single, consolidated ownership or joint commitment by multiple property owners at the time of application. In the MSROD, where two or more lots under common ownership are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage, parking requirements, and dwelling units per acre.

(3) Multibuilding lots. In the MSROD, lots may have more than one principal building.

(4) Exceptions: Building height. Nonhabitable elements are excluded from the building height limitations but shall not exceed five feet above the maximum building height except by special permit of the Planning Board, including but not limited to elevator penthouses, chimneys, wireless communication antenna arrays, smoke, and ventilation stacks, roof-mounted solar energy systems, stairwells and parapet walls designed solely to screen mechanical and elevator equipment.

(5) Exceptions: renewable energy installations. The site plan review authority or special permit granting authority may waive the height and setbacks in § 230-5.12E, Dimensional standards, to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

F. Special permit incentive zoning.

(1) Incentive zoning conditions.

(a) Purpose: Incentive zoning is restricted to projects providing community benefits or amenities that would not otherwise be provided or result from the planning process. The Planning Board may grant zoning incentives through a special permit to encourage the provision of certain community benefits or amenities, such as parks, open space, active and passive recreational opportunities, and other physical, social, or cultural benefits.

(b) Guidelines: Applicants specifically seeking a waiver for a density of more than 30 units per acre shall adhere to the following guidelines:

[1] For the purposes of determining project density and payment in lieu fractional numbers shall always be rounded to the next highest integer.

[2] Tiered requirements are intended to apply to the entirety of a project, not just the portion within that tiered density.

[3] Housing density retention. To establish base density before activation of zoning incentives, applicants that convey the ownership of real estate within the MSROD to the Town of Mansfield for the purposes of 1) constructing public roadways, bicycle and pedestrian networks, or other related public infrastructure improvements, or 2) establishing unimproved public open space such as conservation land or 3) creating public parks or recreation areas shall retain the underlying original lot size regarding total parcel acreage (area square footage) as calculated before the conveyance of the real estate. The Town of Mansfield shall reserve the final and unconditional right to reject or accept the location, size, and shape of the real estate proposed to be conveyed.

(2) Incentive zoning description. Incentives are to be implemented in a progressive manner; with dwelling unit increases starting at the prerequisite plus Incentive 1 for 45 units per acre; Incentive 2 for 55 units per acre, and then Incentive 3 is allowed as a one-time allocation for a total of 60 units per acre, which is the maximum allowable in the district.

(a) Prequalification:

[1] To activate the incentive process, the applicant must first demonstrate that a minimum of 25% of the overall gross square footage of the ground floor of any development is dedicated to publicly available commercial mixed-use space and or live-work space. Square footage devoted to parking, utilities, residential storage, or private residential amenities shall not count towards the 25% mixed-use space.

In the alternative, the applicant may lower the 25% requirement by 5% for each additional public realm improvement provided under Incentive 1, but cannot provide less than 15% total mixed-use space and or live-work space. A reduction in the 25% requirement of 10% for two public realm improvements under Incentive 1 is also allowed.

At no time can the publicly available mixed-use space and or live-work space requirement go below 15% regardless of either option above or a combination of the two options being applied.

This prequalification requirement shall apply only to Overlay Subdistrict A, with allowable building heights above 45 feet. See the illustrations below.

[2] In Overlay Subdistricts A and B, the applicant shall provide at least two of the following public realm streetscape amenities:

[a] Street planters (at least four street planters), planted with perennials.

[b] Color/texture/brick sidewalks instead of concrete or asphalt sidewalks where existing or proposed.

[c] Street furniture (at least two benches) along at least one side of the building.

[d] Outdoor dining/seating area courtyards along at least one side of the building.

[e] Wide sidewalks (10 feet or greater) along at least one side of the building.

(b) Incentive 1: Upon demonstrating compliance with the above prequalification criteria, an applicant becomes eligible for an additional 15 dwelling units/acre increase above the base housing density. Award of this increase requires that the applicant construct an additional public realm improvement selected from the list below to receive this additional dwelling unit incentive. This incentive may be awarded once before using Incentive 2 and Incentive 3.

[1] Public Accessway with a twenty-foot-wide (minimum) landscaped publicly accessible corridor, alley, linear park, or similar accessway accommodating the movement of pedestrians and bicycles, connecting Town-owned public rights-of-way to the train station platform. See Subsection I(6)(d), Public realm or public open space design guidelines.

[2] Structured parking facility with a minimum of 40% of the spaces available for use by the public. Structured parking may be used for public commuter rail parking, and toward required parking minimums for the development. The first-floor street frontage shall contain retail use(s) other than at the ingress/egress to the structure.

[3] Land donation to the Town for public purposes having a shape, dimension, character, and location suitable to assure its use for legitimate public purposes as may be articulated in a development agreement with the Town of Mansfield Select Board.

[4] Public play area (connected to a public right-of-way) for active recreation, not less than 10,000 square feet in size, located within the Overlay District. See Subsection I(6)(d), Public realm or public open space design guidelines.

[5] Public pocket park (connected to a public right-of-way) not less than 5,000 square feet in size, with dedicated space for 3D public art within the Overlay District. Work with the Local Cultural Council on 3D public art design. See Subsection I(6)(d), Public realm or public open space design guidelines.

[6] Public amphitheater, performance area, or gathering space not less than 10,000 square feet in size located within the Overlay District. See Subsection I(6)(d), Public realm or public open space design guidelines.

[7] Six-foot-wide public trail loop system (with fitness stations) within the "Rumford River Preserve" located in the northwest area of the Overlay District. See Subsection I(6)(d) Public realm or public open space design guidelines.

[8] Six-foot-wide public boardwalk loop within the "Rumford River Preserve" located in the Overlay District. See Subsection I(6)(d), Public realm or public open space design guidelines.

[9] Public community garden space not less than 20,000 square feet in size, located in the Overlay District. The improved area for the community garden shall have a minimum loam depth of 30 inches and a continuous perimeter fence not less than four feet high, with a minimum of two gates. See Subsection I(6)(d) Public realm or public open space design guidelines.

[10] Public dog park located within the Overlay District. The dog park shall be at least 20,000 square feet, have a continuous perimeter fence not less than four feet high, with a minimum of two gates, and shall include two trash cans and four benches. See Subsection I(6)(d) Public realm or public open space design guidelines.

(c) Incentive 2: With this incentive, an applicant is eligible for an additional 10 dwelling units/acre increase over the base housing density. Award of this housing unit increase requires the applicant to demonstrate compliance with one or construction of one improvement selected from the list below. This incentive may be awarded once before using Incentive 3.

[1] Affordable units: In addition to the requirement of Subsection J, Affordability requirements, deeper or broader affordability with units that are comparable in space, utilities, and livability to other units in the development (i.e., units affordable to households earning at or below 50% of area median income, or additional units available to households earning at or below 80% of area median income). Deeper or broader affordability units shall be provided 1:1 with additional market-rate units.

[2] Environmentally sensitive low impact development (LID) site design. Proponents proposing LID or similar enhanced environmentally sensitive approaches to site design shall be eligible for Incentive 2. A proposed development site plan shall reflect a commitment to a collaborative, comprehensive approach to the implementation of low impact development measures with the design of LID "green infrastructure" or similar innovative, nature-based solution to stormwater management. For example: minimization of impervious surfaces, reduction of structural stormwater BMPs and the design of stormwater management elements that emphasize treatment, infiltration, and enhancement of water quality, as described by the current edition of the Massachusetts Department of Environmental Protection Stormwater Handbook, Volumes I through III.

[3] A high-performance building design that exceeds the minimum Stretch Energy Code baseline and is designed to the LEED Certified standard, Passive House standard, Net Zero, or equivalent rating system; that increases energy efficiency and minimizes utility and maintenance costs to end users; and that provides for building resiliency to adopt future technologies and sustainable strategies as they become available.

[4] Land donation to the Town for conservation purposes having a shape, dimension, character, and location suitable to assure its use for legitimate public purposes as may be articulated in a development agreement with the Town of Mansfield Select Board.

[a] The developer shall grant a conservation restriction to the Town of Mansfield over such land pursuant to Massachusetts General Laws, Chapter 184, §§ 31 through 33 to ensure that such land be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways.

[b] This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by § 33 of Chapter 184 of the Massachusetts General Laws.

(d) Incentive 3: With this incentive, an applicant is eligible for an additional five dwelling units/acre increase over the base housing density. This incentive requires the applicant to allocate funding up to 6% of the market value of the additional proposed dwelling units to a Downtown Development Revolving Fund to be used by the Town of Mansfield for public art, public events, affordable housing, the preservation or rehabilitation of historic properties or other significant buildings, or for open space purposes. This incentive may be awarded up to the maximum allowed density 60 dwelling units/acre.

(3) Procedure and criteria for approval.

(a) Authorization of zoning incentives is subject to special permit approval by the Planning Board. Applicants may seek nonbinding input from other Town boards as to whether the proposal is worthy of consideration prior to the submission of the application for a special permit to the Planning Board pursuant to Subsection I(2)(c)[4] below.

(b) For residential, mixed-use, and live-work space developments, applications for special permits seeking zoning incentives in exchange for community benefits shall be processed in accordance with the requirements of § 230-5.5, Special permits, of the Zoning Bylaw.

(c) For nonresidential developments, applications for special permits seeking zoning incentives in exchange for community benefits shall be processed in accordance with the requirements of § 230-5.5, Special permits, of the Zoning Bylaw.

(d) To evaluate the adequacy of the proposed benefit(s) to be accepted in exchange for the requested incentive(s), the following information shall be provided by the applicant with the application for a special permit:

[1] A description of the proposed amenity or amenities, outlining the benefits that will accrue to the community.

[2] A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal, and fire protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with conventional site development; and

[3] An explanation as to the way in which the amenity will implement the fiscal, social, or cultural policies of this § 230-5.12 of the Zoning Bylaw.

[4] Prior to the Planning Board's public hearing on a special permit application including an incentive proposal, the Planning Board shall refer the proposal to other Town boards for comment.

(e) Compliance with the incentives below in and of itself does not guarantee the incentive will be granted; the Planning Board will maintain its right to consider the waiver request in the context of the whole proposal and in consideration of its impacts on the MSROD.

G. Off-street parking and loading. These parking requirements are applicable to development in the MSROD.

(1) Number of parking spaces. The following minimum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

Use	Minimum Spaces
Multifamily housing, apartments, townhouses	One space per dwelling unit
Mixed-use (nonresidential)/commercial, including live-work	The sum of uses is computed separately. (See Subsection G(4), below.)
All other allowed uses	According to § 230-4.4A, Off-street parking schedule, of the Mansfield Zoning Bylaw

(2) Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by using:

Use	Minimum Spaces
Multifamily housing	One space per five residential dwelling units (four minimum)
Mixed-use development (nonresidential/commercial)	One space per 20,000 gross square feet (six minimum)

(3) Bicycle storage. For a multifamily development of 25 units or more, or a mixed-use development of 25,000 square feet or more, covered parking bicycle parking spaces shall be integrated into the structure of the building(s).

(4) Shared parking within a mixed-use development. Shared parking may be utilized when uses have differing peak parking periods.

(a) Parking requirements for a mix of uses on a single site may be adjusted through the site plan review process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies. Acceptable sources for calculating shared parking include those demonstrated in the Urban Land Institute Shared Parking Report or the ITE Shared Parking Guidelines.

(b) Shared parking for residential uses may be provided throughout the development, up to a maximum of 300 feet away from the primary use.

(c) Shared parking for commercial uses may be provided throughout the development, located up to 500 feet from the primary use.

(d) Tenant amenities are exempt from parking requirements for additional parking.

(e) A copy of a shared parking agreement executed by all parties concerned must be recorded at the Registry of Deeds and provided to and approved by the Planning Board during the site plan review process.

(5) Exceptions: restaurant valet parking. For restaurants within the MSROD, off-street parking is not required where valet parking is provided.

(6) Electric vehicle supply equipment ready (EVSE). Electric vehicle charging must be provided according to the current Massachusetts Stretch Energy Building Code, Section C405.13, for commercial and multifamily developments.

(7) Off-street loading and delivery.

(a) Off-street loading spaces for commercial or mixed uses shall be at one space per 5,000 square feet.

(b) The Planning Board may waive the loading space requirement if the Planning Board finds that loading space is not needed or can be shared, such finding to be based upon a plan provided by the applicant.

(8) Parking area design standards.

(a) All ground-level parking facing streets or public places shall be fully landscaped per Zoning Bylaw § 230-4.3, Landscaping and screening; exterior lighting standards, including street trees and shrubs, to provide a full buffer from sidewalks and public areas.

(b) All required parking shall be located at the rear of each structure except where public safety concerns, ADA accessibility regulations, or physical constraints preclude strict compliance, in which case it may be located along the side of a building. In no case should surface parking for new construction be permitted in the front, and no tandem parking is allowed.

(c) Where parking in the side yard is permitted, the parking area shall not extend beyond the front plane of the building.

(d) Residential parking should be clearly marked or separated from commercial or public parking and located within 300 feet of the residential building entrance.

(e) Mixed-use buildings may provide, within the ground floor, both commercial space in the front and parking to the rear (available to residential units above). See the illustration below.

(f) When parking is provided within the ground floor, the Planning Board has the discretion to limit parking to up to 75% of the gross floor area of the building's interior first floor.

H. General development standards.

(1) These standards are components of the site plan review process in Section J. Site Plan Review.[2]

[2] Editor's Note: So in original.

(2) Site design.

(a) Sidewalk connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

(b) Mid-block connections. For blocks longer than 300 feet, a through-block public connection is required, to connect streets and sidewalks (if applicable). Any public path of the mid-block type should have a minimum width of 18 feet.

(c) Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

(d) Landscaping and screening; exterior lighting standards. Developments in the MSROD shall follow § 230-4.3, Landscaping and screening; exterior lighting standards.

(e) Parking materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.

(f) Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

(g) Pedestrian amenities such as benches, public art, planters, trash receptacles, etc., are encouraged and shall be located along sidewalks, and in landscaped areas, open spaces, and plazas.

(h) Lighting. Developments in the MSROD shall follow 230-4.3, Landscaping and screening; exterior lighting standards.

[1] All exterior building and site lighting shall be part of a cohesive architectural and landscape site-specific plan. The lighting shall be designed to provide safety, improve visibility, enhance aesthetics, and complement the character of the area. Inefficient lighting, excessive glare, and light trespass shall not be permitted.

[2] Wall-mounted building lighting fixtures should be of a style and material to complement the building and the overall design of the district.

[3] Wall-mounted lights should be placed approximately 12 feet above the sidewalk. All lighting shall be dark-sky friendly with light sources placed or screened in such a manner as to minimize up-light and glare and to promote safe, warm, and uniform lighting.

(i) Service entrances; trash; utilities. Service entrances, trash areas, electrical and mechanical equipment, as well as other utilities, should not be visible from the street, public spaces, or outdoor gathering areas. These areas should be screened in a variety of ways using landscaping, solid building materials, or architectural screens or panels with colors, coordinated to enhance the property's overall appearance.

[1] Any building or roof-mounted equipment screens shall be configured utilizing building facade materials or may be complementary materials in the form of architecturally designed screens, partitions, or valences integrated into the overall building. Ground-mounted equipment should be screened with solid walls wrapped in evergreen landscaping.

[2] Transom air-conditioning units are discouraged unless no practical alternative is demonstrated, in which case they shall be concealed by architectural detailing, screening, or an awning.

[3] All new utilities shall be placed underground.

(j) Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Mansfield MS4 permit for projects that disturb more than one acre and discharge to the Mansfield municipal stormwater system, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

(3) Buildings: general.

(a) Position relative to the principal street. The primary building shall have its principal facade and entrance facing the transit station or streets leading to the transit station. See also Subsection H(7), Buildings: corner lots.

(b) Entries.

[1] Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

[2] The primary entry to the building and/or store shall be oriented to the public sidewalk and shall be recessed a minimum of three feet into the building facade or otherwise configured to prevent the door from opening into pedestrian traffic.

[3] All buildings must provide a main entrance on the facade of the building facing the transit station or streets leading to the transit station.

[4] All commercial or accessory structured parking entries should be designed so that the only openings in the facade are at street level and are provided to accommodate vehicle ingress and egress, and pedestrian access to the building. The remainder of the facade fronting the street shall incorporate human-scale architectural treatments such as recessed panels, columns, arcades, grills, screens, panels, and green walls.

(c) Setback. Buildings should be set back to provide adequate, accessible sidewalks, including a curb, street furniture/street trees zone, minimum six feet clear pedestrian zone, on-street parking, bike lanes, and/or travel lanes.

(4) Buildings: multiple buildings on a lot.

(a) For a mixed-use development, uses may be mixed within the buildings or in separate buildings, or consolidated within the project proposal. See illustrations in Subsection F(2)(a), Special permit incentive zoning: Incentive zoning description: Prequalification..

(b) Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

(c) A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

(d) The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

(e) The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

(5) Buildings: mixed-use development.

(a) In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.

(b) Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.

(c) Materials for nonresidential uses shall be stored inside or under cover and shall not be accessible to residents of the development.

(d) Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

(6) Buildings: shared outdoor space.

(a) Multifamily housing and mixed-use development shall have common outdoor space that all residents can access. Such space may be in any combination of the ground floor, courtyard, rooftop, or terrace.

(b) Street-level arcades, covered walkways, and residential balconies and porches are encouraged where practical, particularily on building facades fronting on a traveled way, sidewalk, or greenspace.

(7) Buildings: corner lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.

(a) Such entries shall be connected by a paved surface to the public sidewalk, if applicable.

(b) All facades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.

(c) Fire exits serving more than one story shall not be located on either of the street-facing facades.

(8) Buildings: infill lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings may match the setback line of either the adjacent building or an average of the setback of the two buildings to provide consistency along the street.

(9) Buildings: principal facade and parking. Parking shall be subordinate in design and location to the principal building facade.

(a) Surface parking. Surface parking shall be located at the rear or side of the principal building. Parking shall not be in the setback between the building and any lot line adjacent to the public right-of-way.

(b) Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

(c) Parking structures. Buildings dedicated to structured parking on the same lot as one or more multifamily buildings or mixed-use development shall be subordinate in design and placement to the multifamily or mixed-use building(s) on the lot.

I. Design standards. For the purposes of design continuity, place-making and aesthetically linking the MSROD with the architecture present in the existing downtown through the design of both buildings and the public realm, the following design guidelines apply:

(1) Materials. Most materials used in the design of building facades should be traditional materials consistent in color and style observed within the extant buildings in the downtown area.

(a) Such materials include, but may not be limited to, masonry, limestone, terra cotta, ceramic tile, metal, and brick.

(b) First-floor nonresidential storefront window frames are encouraged to be anodized aluminum, painted aluminum, or painted wood in complementary colors such as white, black, or dark bronze.

(c) Use of exterior insulating finish systems (EIFS) is strongly discouraged on new construction. If utilized EIFS shall be aesthetically in keeping with traditional building materials utilized on the structure and shall be designed with reinforcing to be impact resistant to eight feet above grade.

(d) Proponents of new construction adjacent to the rail line are encouraged to conduct a seismic and acoustical assessments and design any proposed structures accordingly. Building design should seek to minimize noise levels due to passing trains on the interior of buildings and attenuate sound reflection on the exterior. The exterior of buildings adjacent to the main rail corridor, and particularly portions of structures proposed within the MBTA Zone of Influence, should include features to mitigate airborne and ground-borne noise. Building architectural design and facade treatments shall be selected to diffuse sound and minimize the outward reflection of sound from passing trains to the greatest extent shown to be practical.

(2) Windows.

(a) Security grilles or shutters are discouraged.

(b) Solid shutters are prohibited.

(c) Storefront glass.

[1] In instances when the first-floor use is nonresidential, storefront glass shall be a minimum of 50% of the first-floor frontage along public streets, when commercial use.

[2] Where the first floor is for residential use, glass shall be a minimum of 30% of the first-floor frontage along public streets.

[3] First-floor nonresidential storefront glass shall have a base of not less than one-foot of material to match the major building material of the facade.

[4] First-floor nonresidential storefront glass shall be a minimum height of seven feet and either clear or obscured glass shall be allowed. Mirrored or reflective glass is prohibited.

[5] The top of first-floor nonresidential storefront glass is encouraged to be at least 10 feet above grade level and visually related to adjacent buildings.

[6] Ornamental lintels, belt courses, or similar elements may be provided at the top of storefront glass; however, such treatments are not required to be continuous or be applied uniformly to all building facades.

(3) Building facades.

(a) Coordinated architectural facade design through fenestration (arrangement, size, and proportion of windows and doors), ornamentation, and aesthetic details such as architectural reveals, pilasters, projecting ribs, material, and/or color changes are encouraged. Projecting bays, columns, recessed balconies, and roof shape variation is encouraged. Building facades may also include appurtenances such as cupolas, gables, turrets, spires, widow walks, trellises, etc.

(b) No uninterrupted length of any facade should exceed 40% of the facade's total length, or 85 horizontal feet, whichever is less, without incorporating one of the following: color change, material change, texture change; and one of the following: plane projections or recesses, trellises, balconies, or windows.

(c) The architecture facing a public space or traveled way or sidewalk should incorporate features such as moldings, columns, pilasters, and other architectural details. The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street or circulation road.

(d) Building facades may be designed to visually relate to horizontal elements on extant local or adjacent structures.

(e) Use of architectural detailing with elements such as a water table, cornice, canopy, balcony, or another visual device may be employed to help create horizontal articulation and scale between the ground and upper levels. The creation of vertical detailing that visually connects the entire building's height to the ground plane without the use of horizontal banding is appropriate.

(4) Roof profiles.

(a) Roof profiles should employ varied vertical and horizontal planes for visual relief to the tops of buildings. Design elements such as parapets, cornices, towers, and piers may also be used. HVAC equipment shall be screened.

(b) Parapet walls along rooflines shall feature three-dimensional cornice treatments or include detail to create shadow lines and visual interest.

(c) Design elements such as false mansard roofing may be used to create the appearance of a well-scaled building such that the upper floor of a building is incorporated into the roof line.

(d) Provide architecturally integrated step backs in the building facade not less than six feet in width beginning at the fourth level on buildings fronting abutting zones and within 100 feet of street frontage. See the illustration below.

(5) Signs and awnings.

(a) Building-mounted signage is limited to the following types:

[1] Individual letters (mounted on buildings, tracks, or placards).

[2] Silkscreened lettering on awnings.

[3] Opaque background box signs.

[4] Noninternally illuminated blade signs.

(b) Height. No signs should extend higher than the height of the ground story.

(c) Size. No facade sign should exceed 25% of the ground floor wall area. No other sign should exceed 16 square feet in size. A wall sign should be no more than 20% of the length of the building's face. Blade signs may be double-sided.

(d) Design. All signs within a given district should be complementary in their use of color, shape, and material.

[1] Sign illumination should be provided by backlighting the individual letters or building-mounted lights illuminating awnings or individual letters. Internally illuminated awnings or individual letters are discouraged.

[2] If utilized a standard street-level awning shall be mounted so the valance is at a minimum of eight feet above the sidewalk and projects forward no more than three feet from the building facade.

[3] A valance flap may be attached to the awning bar and may serve as a sign panel.

[4] The awning may be attached above the display windows and below the cornice or sign panel.

[5] The awning should reinforce the frame of the storefront and should not conceal architectural elements, such as columns, piers, or the space between the second-story windowsills and the storefront cornice.

[6] The awning may be constructed of the following materials: canvas, vinyl-coated canvas, acrylic, or aluminum.

[7] Awnings should be maintained and replaced periodically as needed.

(6) Open space design.

(a) The site design for development projects may include open space. Where proposed, the plans and any necessary supporting documents submitted with an application for plan approval within the MSROD shall show the general location, size, character, and general area within which open space will be located. A landscaping plan and plant schedule shall be submitted. Tree species diversity is required and the use of native or naturalized plant species is encouraged, as is the use of drought- and salt-tolerant plant material.

(b) The planting of native shade trees shall be preferred over or in addition to native shrubbery, herbaceous or wildflower cover. Under no circumstances shall any plants be used that are recognized by the horticulture or agricultural industries as invasive, whether native or exotic (non-native). See the Invasive Plant Atlas of New England (IPANE) and Massachusetts Invasive Plant Advisory Group. The plans and documentation submitted to the approving authority shall also include a description of proposed ownership and maintenance provisions of all open space and, if requested by the approving authority, any necessary restrictions or easements designed to preserve the open space from future development and, when applicable, to ensure they are available for public use.

(c) Minimum sizes for plant material, at installation, shall be as follows:

[1] Deciduous shade trees: three-inch caliper.

[2] Deciduous ornamental trees: two-inch caliper.

[3] Evergreen trees: six feet in height.

[4] Shrubs. For screening in car parking areas, three feet height; for other screening purposes (dumpsters, loading docks, etc.) six feet; for any other purposes, 18 feet.

(d) Public realm or public open space. Public open space, if within a private lot or building, shall be demarcated in such a way (i.e., through signage, continuity of pavement markings, etc.) that the public will know the space is for public use.

[1] When possible, public spaces shall be accessible, created at street level, shall be visible from the street, and shall relate to the streetscape and adjacent architecture in a manner that enlivens the area and encourages a community experience.

[2] To the extent possible, public spaces shall be created as cohesive and contiguous areas and connected to other open space areas. Buildings adjacent to usable public spaces shall tend to that area, with access to the building opening onto the public space.

[3] The Planning Board may require a project to provide public access to public space from one or more streets, ways, or publicly accessed trails.

[4] In addition, there should be a clear arrangement in place regarding responsibility for ongoing maintenance and management of any public space located within a private lot or building.

(e) Street trees. Street trees shall be planted in tree pits or water-quality tree filter boxes or similar.

[1] The area for planting shall not be less than 30 square feet.

[2] The street trees shall be positioned so that a publicly accessible ADA-compliant route is maintained.

[3] In areas where the width is greatly constrained, the pits shall employ porous pavement or ADA-compliant tree grates at the surface.

[4] All plant material shall conform to the American Standard for Nursery Stock ANSI Z60.1 standards, regarding minimum acceptable form, quality, and size.

[5] Street trees shall be not less than a three-inch caliper and shall be planted at intervals of not more than 40 feet on center.

[6] Tree species diversity is required and the use of native or naturalized plant species is encouraged, as is the use of drought and salt-tolerant plant material. The tree species selected shall reach a height of at least 30 feet at maturity.

[7] Street trees shall be planted by the developer along all public rights-of-way.

[8] Trees shall be either planted or retained, having at least a three-inch caliper and being of size, species, and spacing such that the tree crowns will approximately meet each other at maturity.

[9] All trees used for street trees shall be of species that are common to the Town of Mansfield and that will reach a height of at least 30 feet at maturity.

J. Affordability requirements. In any development subject to this bylaw, the 10th housing unit and every 10th unit thereafter shall be an affordable housing unit. These units shall meet the Compliance Guidelines for Multifamily Zoning District Under 3A of the Zoning Act, issued by the Department of Housing and Community Development on August 10, 2022, as revised and/or amended (the Compliance Guidelines). Nothing in this subsection shall preclude a developer from providing more affordable housing units than required under the provisions of this bylaw. For all other requirements related to the provision of affordable housing units, see Article VI of the Zoning Bylaws.

K. Application process.

(1) Applicability. Application for development within the MSROD shall comply with the site plan approval requirements of § 230-5.3 or special permit requirements of § 230-5.5, depending on the proposed principal use listed in Subsection D, Permitted uses. Any multifamily use seeking a density bonus will comply with the requirements of Subsection F, Special permit incentive zoning, and with the special permit requirements of § 230-5.5.

(2) Permit granting authority. Each application shall demonstrate safe, nonintrusive access, in the opinion of the Planning Board, to the proposed site and within the proposed development. The site plan approval and special permit granting authority shall be the Mansfield Planning Board. All public hearings shall be conducted in accordance with MGL Chapter 40A.

(3) Presubmission meeting. Before applying for an MSROD project special permit, the applicant shall schedule an appointment to meet with staff to discuss the procedure for approval of a site plan or project special permit, including submittal requirements and design standards. At the conclusion of the meeting(s), staff will prepare summary notes or minutes of the meeting(s) for distribution.

(4) Project phasing. The Planning Board may allow a project to be phased at the request of the applicant or to mitigate any extraordinary adverse impacts on nearby properties. For projects that are approved and developed in phases, the proportion of affordable units shall be consistent across all phases, and the proportion of existing zoned units to bonus units.

(5) Approval. A plan approval shall remain valid and run with the land indefinitely if construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate an appeal, and which time shall be extended if the project proponent is actively pursuing other required permits or there is another good cause for failure to commence. The approving authority may require the posting of a performance bond to secure and/or screen a development project site if demolition is undertaken but subsequent work lapses, for any reason within or outside the applicant's control, for a period longer than one year.

(6) Waivers. Upon the request of the applicant, the Planning Board may waive dimensional and other requirements, including those set forth in Subsections F, G, H, and I herein, with conditions, in the interest of design flexibility and overall project quality, and upon a finding of consistency of such waiver with the overall purpose and objectives of the MSROD and the Mansfield Master Plan, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses and/or physical character allowed under this § 230-5.12. Notwithstanding anything contrary in this Zoning Bylaw, the required affordability provisions in Subsection J shall not be waived.

L. Major plan changes. Those changes deemed by the approving authority to constitute a major change in a development project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the approving authority as a new application for plan approval pursuant to this § 230-5.12L.

M. Severability.

(1) In the case where an applicant elects to apply for the benefits of the provisions of the MSROD for development purposes, the development shall conform to all the requirements of the MSROD.

(2) Where the provisions of the MSROD refer to the provisions of the underlying district(s) and there is a conflict between these provisions, the provisions of the MSROD bylaw shall control.

(3) If a court of competent jurisdiction holds any provision of this § 230-5.12 invalid, the remainder of this § 230-5.12 shall not be affected thereby. The invalidity of any section or sections, or parts of any section or sections, of this bylaw shall not affect the validity of the remaining sections or parts of sections or the other bylaws of the Town of Mansfield.