Town of Falmouth, MA Overlay Districts

Description - The Coastal Pond Overlay District is depicted on a map entitled "Watersheds of Coastal Ponds Massachusetts Estuaries Project" dated August 14, 2018, scale 1:18,000 on file with the Town Clerk.

Applicability - This District shall apply to the following developments:

Subdivisions of more than five lots or more than five acres.

Commercial developments requiring site plan review.

Procedures - The following procedures shall be followed:

All development proposals listed in § 240-7B(2)b. must file an analysis of development impact as specified by § 240-13.1D(4)a, b, c, and di, dii, and diii, with the application made to the reviewing board;

The authorized reviewing board, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall make all findings regarding the analysis and may withhold approval if the proposal does not comply with the standards of this section. However, the reviewing board shall not withhold approval of an application if the applicant provides measures for the reduction of the nutrient loading rate, on a pounds-per-acre basis, to a rate below that which would produce critical eutrophic levels in the receiving water body. It shall be the responsibility of the applicant to demonstrate that the proposed mitigating measures will work as designed, and the reviewing board may require the applicant to demonstrate on an annual basis that mitigating measures are operating satisfactorily.

Exemptions.

The special permit granting authority may exempt an application from the requirements of § 240-7.2, provided the applicant can demonstrate that:

Nutrients from the development will not in fact be recharged to the designated water body or public water supply well; or

The development will not result in any increase in loading of the relevant nutrient.

In addition to the exemptions found in §§ 240-7.2B(4)a.i. and a.ii., any development that is in the recharge zone of a coastal pond proven to already exceed the limits listed below may be exempted from the requirements of § 240-7.2B(3)a above (analysis of development impact). As part of this exemption, the development shall accept the findings of the Planning Board or special permit granting authority.

Supersession of Other Provisions. The requirements of § 240-7.2 shall supersede the standards of § 240-13.1D(4)d.iv. for salt water.

§ 240-7.3 Floodplain Overlay District

§ 240-7.3A Overview

Intent - Recognizing the dangers inherent upon coastal flooding at times of hurricanes or severe storms and as a means of protecting its citizens and their property, the Floodplain Overlay District is intended to regulate construction of structures and the use of the land within this District.

Maps - This district is defined as shown on the Flood Insurance Rate Map, dated July 16, 2014, as published by the Federal Emergency Management Agency.

Base Flood Elevation - The coastal area of the Town shall have base flood elevation levels established according to the Flood Insurance Rate Maps and Flood Insurance Study for the Town of Falmouth.

Applicability - Section 240-7.3 shall apply to the following activities:

New construction of residential and nonresidential structures;

Substantial improvement (as defined in Article 3 - Definitions) to a structure that includes, in Velocity (V) Zones, any addition(s), improvement(s), alteration(s), or combinations thereof to a structure that would add more than 200 square feet of gross floor area;

The addition to existing structures of increased water, electric, or gas service, toilet facilities, or sewage systems;

Alteration of the land form (as defined in Article 3 - Definitions); and

Any structure which has sustained substantial damage (as defined in Article 3 - Definitions).

§ 240-7.3B Requirements

Building permits - Building permits granted for activities listed under § 240-7.3A(4) are subject to the following provisions:

In new residential structures, there shall be no basement area, and upon the making of a substantial improvement, no new basement shall be installed.

The lowest floor of new and substantially improved nonresidential structures shall be elevated to or above the base flood elevation level or be floodproofed (as defined in Article 3 - Definitions) to this level.

New and replacement utility and water facilities shall be located and constructed to minimize or eliminate flood damage.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

On-site waste disposal systems are to be located to avoid impairment to them or contamination from them during flooding.

Certification by a professional engineer or architect for floodproofing measures shall be required.

Storage of fuel oil, toxic, or hazardous materials within the base floodplain shall be floodproofed.

Additional requirements in the Velocity (V) Zone - If proposed construction or alteration of the land form is located within a V Zone (as defined in Article 3 - Definitions), floodplain permits granted under § 240-7.3A(4) above, shall be subject to the following additional requirements:

New construction within the V Zones shall be located landward of the reach of mean high tide.

New construction and substantial improvements within the V Zones shall be elevated on adequately anchored pilings or columns and securely anchored to piles or columns so the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. A registered professional engineer or architect shall certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.

New construction and substantial improvements within the V Zones shall have the space below the lowest floor free of obstructions or be constructed with breakaway walls designed to collapse under stress without jeopardizing the structural support of the structure itself so that the impact on the structure by abnormally high tides, wave action, or wind-driven water is minimized. Such temporarily enclosed space shall not be used for human habitation.

The use of fill for structural support of buildings within the V Zones is prohibited.

Human-made alteration of sand dunes within the V Zones is prohibited.

§ 240-7.3C Special permit requirements

Uses - Special permits are required for all the uses listed in the following table and in accordance with the standards in the table. Note that SP-Z = a Zoning Board of Appeals special permit.

Special Permit Uses	Standards	Floodplain Overlay District
Alteration of a land form	No alteration of the land form shall be permitted where there may be the risk of altering the drainage or runoff to the detriment of other landholders or the Town. Before granting a special permit for the alteration of the land form, the Zoning Board of Appeals shall duly consider any recommendations by the Conservation Commission and the Planning Board.	SP-Z
Nonresidential structures	Including but not limited to boathouses, boatyards, or structures designed for education and research, the nature of which requires their location in the Floodplain Overlay.	SP-Z
Restoration and reconstruction of structures listed in the National Register of Historic Places or the official State Inventory of Historic Places		SP-Z

Special permit findings - Special permits shall only be issued upon findings made by the Zoning Board of Appeals that:

The granting of the special permit will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or conflict with existing bylaws;

The relief granted is the minimum necessary considering the flood hazard; and

In an area of critical environmental concern (ACEC) all available means of mitigating or reducing environmental damage have been implemented and any remaining environmental damage is minor or insignificant enough to not irreparably affect the ACEC or its resources.

Board of Appeals notice to applicant - Following the granting of the special permit, the Zoning Board of Appeals shall notify the applicant in writing that the issuance of a special permit to construct a structure below the base flood level may result in:

Increased premium rates for flood insurance; and

Increased risks to life and property.

§ 240-7.3D Administration

The Building Commissioner shall administer § 240-7.3 as follows:

Review - The review of the proposed construction and alteration of the land form within the Floodplain Overlay District shall assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, or by Town bylaw.

Records - Records of the elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures shall be obtained and maintained. In addition, records as to whether or not such structures contain a basement shall be maintained.

Floodproofing records - If a structure has been floodproofed, records of the elevation (in relation to mean sea level) of the lowest floor and the elevation to which the structure was floodproofed shall be obtained and maintained. In addition, records of floodproofing certifications which have been prepared by registered professional engineers and architects in relation to the adequacy of floodproofing methods shall be maintained.

Substantial improvement - A determination of substantial improvement (as defined in Article 3 - Definitions) shall be made using the official records of the Tax Assessor. Any new or revised appraisal submitted for the purpose of determining substantial improvement shall be submitted by the Building Commissioner to the Tax Assessor.

§ 240-7.4 Large Scale Ground Mounted Solar Overlay District

§ 240-7.4A Purpose and applicability

Purpose - The purpose of this bylaw is to promote the creation of large new scale ground mounted solar installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

Applicability - The provisions set forth in this section shall apply to the construction, operation, and/or repair of large scale ground mounted solar installations and shall follow the guidelines set forth in the MA DOER/MA DEP/Mass CEC Clean Energy Results Ground Mounted Solar PV Systems dated June 2015, as amended to the most current guideline.

§ 240-7.4B Definitions

AS-OF-RIGHT SITING

As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development shall be subject to site plan review, § 240-12.2, to determine conformance with the Zoning Bylaw. Projects cannot be prohibited, but can be reasonably regulated by the Building Commissioner.

A Solar Energy System that is structurally mounted to the ground and not roof mounted; occupying more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC).

SOLAR ENERGY SYSTEM

A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating

§ 240-7.4C General requirements for all large scale solar power generation installations

The following requirements are common to all solar photovoltaic installations to be sited in designated locations:

Compliance with laws, ordinances and regulations - The construction and operation of all large scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar energy system shall be constructed in accordance with the State Building Code.

Building permit and building inspection - No large scale solar photovoltaic installation shall be constructed, installed, or modified under this section without first obtaining a building permit.

Fees - The application for a building permit for a large scale solar photovoltaic installation must be accompanied by the fee required for a building permit.

Site plan review - Ground mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall require site plan review by the Planning Board prior to construction, installation, or modification as provided in this section. The site plan review shall be an "expedited" application and permitting process where the facilities may be sited within one year from the date of initial application to the date of final approval by the Planning Board.

Plans and maps - All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

§ 240-7.4D Required documents.

Pursuant to the site plan review process, the project proponent shall provide the following documents, as deemed applicable by the Planning Board.

Plans - A site plan showing:

Property lines and physical features, including roads, for the project site;

Proposed changes to the landscape of the site, grading vegetation clearing and planting, exterior lighting, screening vegetation or structures;

Blueprints or drawings of the solar energy system signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector, and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices;

Documentation of the major system components to be used, including the panels, mounting system, inverter and storage batteries;

Name, address, and contact information for proposed system installer;

Name, address, phone number, and signature of the project proponent, as well as all coproponents or property owners, if any;

Name, contact information and signature of any agents representing the project proponent; zoning district designation for the parcel(s) of land comprising the project site;

Locations of active farmland and prime farmland soils, wetlands, permanently protected open space, priority habitat areas and BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP;

Locations of floodplains or inundation areas for moderate or high hazard dams; and

Locations of local or national historic districts.

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

Operation & maintenance plan - The project proponent shall submit a plan for the operation and maintenance of the large scale ground mounted solar energy system, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

Proof of liability insurance - Documented proof shall be provided to the Board.

A public outreach plan - This shall include a project development timeline, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters and the community as required in § 240-12.2.

Utility notification - No photovoltaic system shall be installed until evidence has been given to the Planning Board that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer owned generator.

(7)

Financial surety -. A description of financial surety that satisfies § 240-7.4F(3).

§ 240-7.4E Site plan review design and operation standards.

Dimensional requirements.

Dimensional Requirements
Dimension	Requirement	Additional Requirements
Minimum lot size	7 acres
Side yard setback¹	35 feet	Provided, however, that where the lot abuts a Residence or Agriculture District, the side yard shall not be less than 100 feet and be maintained as a no disturb zone
Rear yard setback¹	35 feet	Provided, however, that where the lot abuts a Residence or Agriculture District, the rear yard shall not be less than 100 feet and be maintained as a no disturb zone

¹The Planning Board may allow a side or rear yard abutting permanently conserved open space to be reduced to no less than 35 feet in a Residence or Agriculture District. Within any no-disturb zone, the Planning Board may allow landscaping and other screening.

Reasonable regulations - All structures accessory to ground mounted solar voltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking, and building coverage requirements of this section and bylaw.

Multiple accessory structures - These shall be clustered to the greatest extent feasible views of such structures to residential properties and roadways shall be screened with landscaping.

Land clearing, soil erosion and habitat impacts - Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of solar energy system or otherwise prescribed by applicable laws, regulations, and bylaws.

Not more than two acres of forest land shall be deforested for any one ground mounted solar photovoltaic installation. The Planning Board may allow additional deforestation of up to four more acres or 10% of the lot, whichever is less, but for any deforestation allowed in excess of two acres, the Planning Board shall require mitigation, such as the permanent conservation of open space and/or reforestation, on or off site, of at least twice the area of the excess.

Except as allowed under § 240-7.4E(4)a, land clearing in excess of two contiguous acres in connection with any single installation is prohibited.

No such installation shall be segmented or broken into separate ownerships so as to avoid the prohibitions of §§ 240-7.4E(4)a. and b. above.

Lighting - Lighting of large scale ground mounted solar energy systems shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

Signage - Signs on large scale ground mounted solar energy systems shall comply with Chapter 184, Signs, of the Falmouth Town Code. A sign consistent with Chapter 184 shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.

(7)

Utility connections - Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(8)

Emergency services - The large scale ground mounted solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Chief of the Fire/Rescue Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

(9)

Monitoring and maintenance - The large scale ground mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Chief of the Fire/Rescue Department. The owner or operator shall be responsible for the cost of maintaining the solar energy system and access road.

(10)

Modifications - All material modifications to a large scale ground mounted solar energy system made after issuance of the required building permit shall require approval by the Planning Board.

§ 240-7.4F Site abandonment or decommissioning

Decommissioning and removal requirements - Any large scale ground mounted solar energy system which has reached the end of its useful life or has been abandoned consistent with § 240-7.4F shall be removed. For a scheduled decommissioning, the owner shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Abandonment - Abandonment shall mean the cessation of a solar energy system accompanied by an intent to abandon and voluntary conduct whether affirmative or negative. Time is not a controlling factor of abandonment. Although the lapse of time may be evidence of an intent to abandon, and where it is accompanied by acts of abandonment, it may be considered in determining whether there has been abandonment. Abandonment may arise from a single act or a series of acts.

If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town retains the right, to enter and remove an abandoned, hazardous, or decommissioned large scale ground mounted solar energy system in accordance with applicable laws. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

Financial surety - Proponents of large scale ground mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape. This shall be in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent.

A surety is not required for Town- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

§ 240-7.5 Mixed Residential and Commercial Overlay District

§ 240-7.5A Purpose

The Purpose and intent of Section 240-75 is:

To enable the town to reach its goal of 10% of its housing on the Subsidized Housing Inventory (SHI).

To incentivize developers and property owners to create workforce, senior, and affordable family rental and ownership housing opportunities by increasing residential density and mixed use where appropriate.

To promote economic vitality and a greater diversity of housing opportunities in Falmouth.

To mitigate traffic congestion by promoting housing proximate to compatible commercial uses.

To promote consistency, quality, and flexibility in site layout and building design.

To provide housing for people at all stages of life and all levels of income, as set forth in the town's Local Comprehensive Plan.

To enable the creation of livable, walkable neighborhoods in the town's business districts.

§ 240-7.5B Establishment/delineation

There is hereby established a Mixed Residential and Commercial Overlay District which is an overlay district superimposed at certain eligible locations in existing B-1, B-2, and Business Redevelopment zoning districts. The underlying zoning shall remain in effect and the associated regulations for use, dimension, and all other provisions of the Zoning Bylaw governing those district(s) shall remain in full force.

The aforesaid eligible locations are shown on a map entitled "Mixed Residential and Commercial Overlay District, Town of Falmouth" dated November 15, 2021, scale: 1:2,500 feet. This map, as it may be amended from time to time, is hereby made part of the Town Zoning Bylaw and is on file at the office of the Town Clerk.

§ 240-7.5C Definitions

For definitions related to the Mixed Residential and Commercial Overlay District (MRCOD) see Article 3, Definitions.

§ 240-7.5D Uses allowed by right

The following uses will be allowed by right as set forth under this section, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained including site plan review by the Planning Board:

Mixed use development.

Residential multi-family dwelling units with density up to 20 units per 40,000 square feet of upland.

§ 240-7.5E Affordability requirements

The following requirements shall apply to developments in the Mixed Residential and Commercial Overlay District:

Developments must be eligible for approval as Local Action Units (LAUs) through the Massachusetts Department of Housing and Community Development's Local Initiative Program (LIP) or otherwise eligible for inclusion in the Town's Subsidized Housing Inventory (SHI).

Developments must include an executed regulatory agreement in a form approved by the Falmouth Select Board and by the Department of Housing and Community Development (DHCD).

Twenty-five percent of the rental residential dwelling units shall be affordable dwelling units, occupied by eligible households. One hundred percent of the rental dwelling units shall be eligible for inclusion on the Town's Subsidized Housing Inventory (SHI).

Fifty percent of the ownership residential multifamily dwelling units shall be affordable dwelling units, occupied by eligible households and eligible for inclusion on the Town's Subsidized Housing Inventory (SHI).

The applicant will be required to contract with a public, non-profit, or private monitoring agency qualified by the MA Department of Housing and Community Development (DHCD) or its successor, and approved by the Planning Board, to ensure that all affordable rental and ownership units initially and thereafter continue to qualify for the town's Subsidized Housing Inventory (SHI).

All residential rental dwelling units leased to an eligible household shall be leased for a minimum of one year and shall be occupied as the principal residence of the tenant(s). Rentals for less than one year are prohibited.

§ 240-7.5F Procedure & development requirements

Procedures.

Any applications and plans submitted shall adhere to the requirements and procedures set forth in § 240-12.2, Site plan review and in Chapter 300-15, Site Plan Review of the Town Code.

Notice to abutters is required within three hundred (300) feet of any part of land of the applicant, by regular mail, at least one week prior to the date of the Board's meeting.

In reviewing proposed developments under site plan review, the Planning Board may reduce the requirements concerning the bulk of structures and parking requirements.

Dimensional requirements.

Developments must include a minimum of four dwelling units.

Developments must have a minimum lot size of 10,000 square feet.

Maximum building height shall be 35 feet and no more than 2.75 stories.

Developments must provide a minimum of one parking space per dwelling unit on the property or on other property within 300 feet of the property that contains the dwelling unit. An applicant may be granted a reduction in the residential parking requirement provided that a car sharing program is provided and approved by the Board. Shared parking with commercial users of the property may be allowed by the Planning Board under site plan review.

Developments must provide a minimum of one space per 300 square feet of leasable floor area for non-residential uses. The Planning Board will refer to Section 240-14.1, Parking Regulations, for any other uses not included in this bylaw.

The Planning Board may require sidewalks under site plan review.

The maximum percent of lot coverage by structures/paving/parking shall not exceed 70%.

Buildings in the mixed residential and commercial overlay district shall have a maximum twenty-foot front yard setback, a minimum ten-foot side yard setback, and a minimum ten-foot rear yard setback or not more nonconforming than the existing building provided that the proposed change or alteration is not substantially more detrimental than the existing nonconforming building as determined by the Planning Board. If the new mixed-use building(s) abuts residentially zoned property, then a twenty-foot side and rear setback is required to separate mixed use from residential use.

If not connected to the Town sewer, developments shall meet all Title V requirements and if located in a Coastal Pond Overlay District, they may be required to install a denitrification system approved by the Board of Health.

§ 240-7.5G Decisions

The Planning Board under site plan review may approve a proposed mixed-use development provided it makes the following findings:

The proposed development complies with all applicable requirements.

The proposed development provides affordable dwelling units as set forth in this section,

The proposed development avoids adverse impacts on the neighborhood.

§ 240-7.6 Search and Rescue Corridor Overlay District

§ 240-7.6A Purpose

The purpose of this district is to preserve two 3,000-foot wide, helicopter flight corridors for the USCG Air Station Cape Cod when responding to distress calls during inclement weather.

§ 240-7.6B District Map

The Search and Rescue Overlay District is an overlay district superimposed on the underlying zoning districts as depicted on a map entitled: "Search & Rescue Corridor USCG Air Station Cape Cod Emergency Visual Routes," dated June 5, 2007, scale one inch equals 2,000 feet, and on file with the Town Clerk.

§ 240-7.6C Height limitation

§ 240-7.7 Water Resource Protection Overlay District

§ 240-7.7A Overview

The purpose of the Water Resource Protection Overlay District (WRPOD) is to:

Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water;

Preserve and protect existing and potential sources of drinking water supplies;

Conserve the natural resources of the Town; and

Prevent temporary and permanent contamination of the environment.

Delineation of the Water Resource Protection Overlay District (WRPOD).

The WRPOD is an overlay district that shall apply to all new construction, reconstruction, or expansion of existing buildings, and new or expanded uses.

There are hereby delineated within the Town certain water resource protection areas consisting of aquifers or recharge areas which are shown a map, at a scale of one inch to 1,500 feet, and entitled "Water Resource Protection District, Town of Falmouth," dated March 29, 2011. This map, as it may be amended from time to time by Town Meeting, is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk.

Applicable activities or uses which fall within the WRPOD must comply with the requirements of this district as well as with the underlying zoning.

Definitions - For definitions related to this section, see Article 3 - Definitions.

Boundary disputes - If the location of the district boundary, as delineated on the Water Resource Protection Overlay District Map in relation to a particular parcel is in doubt or dispute, the burden of proof shall be on the property owner(s) of the land in question to show where the boundaries should properly be located. At the request of the owner(s), the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine the boundaries of the district more accurately with respect to individual parcels of land and may charge the owner(s) for all or part of the cost of the investigation.

§ 240-7.7B Uses

Underlying district requirements. Applicable activities or uses which fall within the WRPOD must comply with the requirements of this district as well as with the underlying zoning. Uses prohibited in underlying zoning districts are prohibited in the WRPOD.

Additional permits. All uses listed in the Use Table shall also obtain necessary permits, orders, or approvals required by federal, state, or local governments.

Use Table - Water Resource Protection Overlay District.

N = Not allowed	Y = Allowed by-right
SP-Z = Zoning Board of Appeals special permit	SP-P = Planning Board special permit

Water Resources Protection Overlay District - Use Table
Uses	Standards		WRPOD
Permitted Uses
Bicycle, foot, and horse paths and bridges			Y
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as wells, pipelines, aqueducts, and tunnels	Underground storage tanks related to these activities are not permitted.		Y
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing	Uses are subject to the Prohibited Uses and Special Permit Uses sections listed below. See the "Agriculture and Farming Related Terms" section of Article 3 - Definitions. Uses are subject to the agricultural exemptions of MGL c. 40A, § 3		Y
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices	Uses are subject to the agricultural exemption from wetlands regulation accorded by the Wetlands Protection Act (WPA), at MGL c. 131, § 40, et seq., and by the Wetlands Regulations at 310 CMR 10.00 et seq.		Y
Uses and structures permitted in the underlying zoning district	Uses are subject to the Prohibited Uses and Special Permit Uses sections listed below.		Y
Prohibited Uses
Animal manure - storage	The use is prohibited unless it is covered or contained.		N
Automobile recycling (including automobile graveyard and junkyard as defined in MGL c. 140B, § 1)			N
Auto services or repair			N
Bus terminal			N
Car washing facility			N
Commercial accommodation			N
Commercial laundry			N
De-icing chemical storage facility			N
Dry cleaning establishment			N
Gas station			N
Hazardous waste facility	A facility that generates, treats, stores, or disposes of hazardous waste that is subject to MGL c. 21C, except for the following licensed activities:		N
	1.	Very small quantity generators as defined under 310 CMR 30.00;
	2.	Household hazardous waste collection centers and events under 310 CMR 30.930:
	3.	Waste oil retention facilities required by MGL c. 21C § 52A; and
	4.	Waste remediation treatment works approved under 314 CMR 5.00.
Industrial and commercial use	Specifically industrial and commercial uses that discharge process wastewater on site.		N
Landfill and open dump	These uses as defined in 310 CMR 19.006.		N
Liquid petroleum product	Storage of these products except for:		N
	1.	Products for 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 regulations;
	4.	Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters, provided that storage of items listed in 1 through 3 is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity plus 10%
Prohibited Uses
Parking lot	Parking lots that are set apart primarily to accommodate off-site activities.		N
Sludge or septage - landfilling	Use as it is defined in 310 CMR 32.05.		N
Sludge or septage - storage	This is prohibited unless the storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.		N
Snow and ice - stockpiling & disposal	This is prohibited if the stockpiling and disposal of snow and ice containing de-icing chemicals is brought in from outside the district.		N
Treatment facility - sewage and groundwater	A treatment facility that is subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except for the following:		N
	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 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); and
	3.	Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.
Trucking terminal			N
Special Permit Uses
Fertilizer, pesticide, herbicide, and soil conditioner storage	This refers to the storage of commercial fertilizers, pesticides, herbicides, and soil conditioners as defined in MGL c. 128 § 64. All storage must be within a structure designated to prevent the generation and escape of contaminated runoff or leachate		SP-Z
Hazardous liquid material storage	This shall be storage of liquid hazardous materials as defined in MGL c. 21E, in a freestanding container within a building or above ground, with secondary containment adequate to contain a spill the size of the container's total storage capacity plus 10%.		SP-Z
Hazardous and toxic material handling	Includes activities that involve the handling of hazardous or toxic materials in quantities greater than those associated with normal household use and that are permitted in the underlying zoning (except as prohibited in the Prohibited Uses category in this table).		SP-Z
Impervious limitation	Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater, shall require a special permit subject to the following:		SP-Z
	1.	A system for groundwater recharge shall be provided that does not degrade groundwater quality.
	2.	For nonresidential uses, recharge shall be by stormwater infiltration basins or similar systems covered with natural vegetation. Dry wells shall be used only where other methods are infeasible.
	3.	For all nonresidential uses, all basins and wells shall have oil, grease, and sedimentation traps to remove contamination.
	4.	Any and all recharge areas shall be permanently maintained by the owner, according to established best management practices.
Special Permit Uses
Nonconforming use and structure	Existing uses that do not conform to the Water Resource Protection Overlay District may be enlarged or altered, provided that the enlargement or alteration shall not be permitted for any existing use listed in the Prohibited Uses category above.		SP-Z
Pesticide, herbicide, insecticide, fungicide, and rodenticide application	Application for nondomestic and nonagricultural uses, such as golf courses, shall be in accordance with state and federal standards. A special permit shall be granted if those standards are met. If applicable, the applicant should provide documentation of compliance with a yearly operating plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department Agricultural Resources approved Pesticide Management Plan or integrated Pest Management (IPM) program under 333 CMR 12.00.		SP-Z
Water control device	These facilities include dams or other water control devices, ponds, or other changes in water bodies or courses created for swimming, fishing, or other recreational uses. These facilities shall not adversely affect water quality or quantity. Agricultural uses, or drainage improvements, shall be subject to the protections accorded to agricultural uses by the Massachusetts General Laws.		SP-Z

Special permit procedures

The special permit granting authority shall be the Board of Appeals. A special permit shall be granted if the Board determines that the special permit, with conditions, satisfies the standards and criteria prescribed in § 240-7.7B(4)e. below. The Zoning Board of Appeals shall not grant a special permit under this section unless the petitioner's application materials include, in its opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards prescribed in this section. The Board shall, in its decision, document the basis for any departures from the recommendations of the other Town boards or agencies.

The applicant shall file three copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Board and be stamped by a professional engineer. Qualified professionals shall prepare all additional submittals. The site plan and its attachments shall at a minimum include the following information where pertinent:

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;

Those activities using or storing hazardous materials, shall file a hazardous materials management plan with the Zoning Board of Appeals for use by the Hazardous Materials Coordinator, the Fire Chief, and the Board of Health. The plan shall include:

•	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 cleanup procedures;
•	Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces; and
•	Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.00, including obtaining an Environmental Protection Agency (EPA) identification number from the Massachusetts Department of Environmental Protection.

Proposed down-gradient location(s) and specifications for groundwater monitoring well(s) should the Zoning Board of Appeals deem the activity a potential groundwater threat;

iv.

Proposed stormwater drainage system;

Provisions to control soil erosion and sedimentation; and

vi.

Names, address, and phone numbers of key contact persons if not provided elsewhere

Upon receipt of the special permit application, the Zoning Board of Appeals shall transmit one copy each to the Board of Health, the Conservation Commission, the Public Works/Engineering Departments, the Planning Board, and the Town Administrator for their written recommendations. Failure to respond in writing within 35 days of receipt by the above boards or departments 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.

The Zoning Board of Appeals shall hold a hearing in conformity with the provision of MGL c. 40A, § 9. 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 Board and any extension, modification, or renewal shall be filed with the Zoning Board of Appeals and Town Clerk within 90 days following the close of the public hearing. Failure of the Zoning Board of Appeals to act within 90 days may be deemed as a granting of the permit in accordance with MGL c. 40A, § 9. No work shall commence until the special permit is recorded as required by MGL c. 40A, § 11.

The Zoning Board of Appeals may grant the required special permit only upon finding that the proposed use meets the following standards and criteria, those specified in § 240-7.7 and any regulations or guidelines adopted by the Zoning Board of Appeals. The proposed use shall not:

Adversely affect the existing or potential quality or quantity of water available in the Water Resource Protection Overlay District;

Result in any substantial disturbance of the soils, topography, drainage, vegetation, or other water-related natural characteristics of the site; or

Exceed a maximum loading standard for nitrate-nitrogen impact on groundwater of five parts per million, unless a cumulative impact analysis indicates a more stringent loading standard is necessary.

The Zoning Board of Appeals may adopt regulations for design features of special permit proposals. These shall be consistent with subdivision regulations adopted by the Planning Board.

Written notice of any violations of this section shall be given by the Building Commissioner 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. A copy of the notice shall be submitted to the Board of Health, the Conservation Commission, the Public Works/Engineering Departments, the Building Commissioner, the Water Department and the Town Administrator. The notice shall:

Specify the requirement or restriction violated and the nature of the violation;

Identify the actions necessary to remove or remedy the violations;

Identify preventive measures required for avoiding future violations; and

iv.

Establish a schedule of compliance.

The owner or operator of the premises shall bear the cost of containment, cleanup, or other curative measures. For situations that require remedial action to prevent adverse impact to the water resources within the WRPOD, the Building Commissioner or any agent shall order the owner and/or operator of the premises to remedy the violation. If the owner and/or operator does not comply with the order, the Town of Falmouth, the Board of Health, the Building Commissioner, or any of their agents, if lawfully authorized to enter upon the 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.

Density limitations - The following density restrictions shall apply within the WRPOD:

Minimum lot size: 80,000 square feet

Minimum lot width: 200 feet

Minimum lot frontage: 150 feet

Maximum lot coverage by impervious surfaces: 20%

Sewage flows - Nonresidential uses shall not exceed 7.5 gallons sewage per day per 1,000 square feet of lot area. Estimated sewage flows shall be based on Title V of the State Environmental Code, 310 CMR 15.00. Maximum lot coverage by impervious surfaces shall not exceed 40%.

(7)

Severability - A determination that any portion or provision of this WRPOD is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

§ 240-7.8 Wildlife Corridor Overlay District

§ 240-7.8A Purpose & applicability

Purpose - The purpose of this District is to establish and protect permanent and contiguous corridors and special areas for the feeding, breeding, and normal home range movement of wildlife through the defined habitat areas. This purpose is based on the following:

One of the purposes of zoning is the conservation of natural resources.

Wildlife is a valued natural resource in Falmouth.

The Commonwealth of Massachusetts has established the importance of protecting wildlife through numerous laws.

Falmouth has a significant stock of wildlife which moves through a large, defined area of Town.

Development under zoning can be designed to coexist with wildlife and important habitat areas.

Applicability - All uses of land that are governed by a definitive subdivision plan, a special permit, or a site plan review application shall be subject to the requirements of § 240-7.8.

§ 240-7.8B Procedure

Natural Resources Department review - Upon submittal to the reviewing board of plans for development, all plans subject to § 240-7.8 shall be referred to the Natural Resources Department. Within 35 days of this referral, the Natural Resources Department shall file a recommendation with the reviewing Board. This time may be extended at the request of the applicant. These recommendations shall be considered prior to the final decision of the reviewing Board, and all restrictions to the property added by the reviewing Board as a result shall be shown on a separate document to which reference is made on the final approved plan.

Wildlife habitat protection - All areas on the plan set aside for protection of wildlife habitat shall be permanently conveyed in accordance with § 240- 9.7H. Ownership of open spaces shall be subject to a permanent conservation easement or restriction.

Covenant - No covenants, easements, or restrictions imposed by this section shall:

Permit public access on private property;

Use of the covenant to control density of development; or

Cause any loss of lot coverage. (lot coverage shall be based on the total area of the property)

Standards - For those sites within Area 1, Deer Migration Areas, the following standards shall apply:

Subdivisions which total more than five acres in the AGA, AGB, SR-A, PU, and SR-B zoning districts and more than 20 acres in the AGAA and SR-AA zoning districts shall submit to the Planning Board a preliminary cluster subdivision plan. The Planning Board shall encourage the submittal of a cluster-type definitive subdivision in accordance with § 240-9.7 if it facilitates the purpose of § 240-7.8.

The applicant shall prepare a corridor plan. The proposed corridor shall be contiguous with any existing or potential corridors on abutting parcels. The plan shall meet the following requirements:

The applicant's proposed corridor shall be subject to the approval of the reviewing Board under the two criteria listed below. If more than one corridor is proposed the reviewing Board may allow the applicant to choose either or both proposed corridors.

•	Actual use for: migration, browsing, or bedding by white tailed deer; shelter or bedding by fox, coyote, or other large or medium size mammals which typically do not thrive in proximity to human habitation; nesting by quail, grouse, pheasants, or other ground nesting birds, which typically do not thrive in proximity to human habitation; egg deposition and/or migration of reptiles and amphibians.
•	The presence of any rare, threatened, or endangered species as listed by the U.S. or Massachusetts Division of Fish and Wildlife.

On any parcel on which there is inconclusive evidence of wildlife use, a corridor shall be established no wider than necessary to permit migration of white-tailed deer in order to maintain contiguity of such corridors within the overlay district. No corridor under this section shall exceed 300 feet in width. Within this constraint, no corridor shall be greater in area than is equivalent to the actual area of observed wildlife use of the parcel divided by the total area of the parcel.

Any covenant or restriction under this section shall be coordinated with any restriction of record by the State Wetlands Act, Town Wetlands bylaw, State Natural Heritage Program or similar laws.

Fencing or any structural barrier to wildlife movement within corridors shall be prohibited.

The applicant shall ensure drainage from roadways be diverted away from depressed areas that may be used as shelter for wildlife.

Natural, native vegetation shall be encouraged or enhanced by the project. Disturbed areas shall be revegetated as rapidly as possible or within a time required by the reviewing Board.

Dramatic changes in topography shall be discouraged and the footprint of disturbed areas shall be limited.

Natural native vegetation shall be reestablished and maintained or enhanced by the project. Areas disturbed during construction shall be revegetated as rapidly as possible after construction is completed or within such further time as permitted by the reviewing Board.

Annual review - Annual reports from the Natural Resources Department shall be filed with the reviewing board and the owner(s) the subject property. The reports shall reevaluate the corridors and open space and make recommendations for any changes in vegetative plantings.