SECTION 9.0 SPECIAL DISTRICTS

9.1 FLOODPLAIN OVERLAY DISTRICT

9.1.1 Purpose. The purpose of the Floodplain Overlay District is to:

1. Ensure public safety through reducing the threats to life and personal injury

2. Eliminate new hazards to emergency response officials

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3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding

4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding

5. Eliminate costs associated with the response and cleanup of flooding conditions

6. Reduce damage to public and private property resulting from flooding waters

9.1.2 Definitions. For purposes of this Section 9.1, the following definitions shall apply: DEVELOPMENT means 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] 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] FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14] HIGHEST ADJACENT GRADE means 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 means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) 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; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

-105- (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) 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. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14] RECREATIONAL VEHICLE means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) 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 area 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, placement 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

-106- 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 means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, 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 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 means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59] VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

9.1.3 Scope of Authority. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Canton designated as Zone A, AE, AH, AO, A99, V, or VE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Engineer, Building Official, and Conservation Commission.

9.1.4 Applicability. The Town of Canton 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

-107- other development that might increase flooding or adversely impact flood risks to other properties. The Town’s permit review process includes the requirement that the proponent obtain 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 demonstrate that all necessary permits have been acquired.

9.1.5 Designation of Community Floodplain Administrator. The Town of Canton hereby designates the position of Town Planner to be the official floodplain administrator for the Town.

9.1.6 Floodway Encroachment. 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. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town’s FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

9.1.7 Unnumbered 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 and 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 for prohibiting encroachments in floodways.

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

9.1.9 Subdivision Proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that: (a) Such proposals minimize flood damage. (b) Public utilities and facilities are located & constructed so as to minimize flood damage.

-108- (c) Adequate drainage is provided. When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

9.1.10 Recreational Vehicles. In A, 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.

9.1.11 Watercourse Alterations or Relocations in Riverine Areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse: • Adjacent Communities, especially upstream and downstream • Bordering States, if affected • NFIP State Coordinator, MA DCR • NFIP Program Specialist, FEMA, Region 1

9.1.12 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 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to: • NFIP State Coordinator, MA DCR • NFIP Program Specialist, FEMA, Region I

9.1.13 Variances to Building Code Floodplain Standards. 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. 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 (i) 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 (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

9.1.14 Variances to Local Zoning By-Law Related to Community Compliance with National Flood Insurance Program (NFIP).

-109- A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if: 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.

9.1.15 Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

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

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

9.2 GROUNDWATER PROTECTION OVERLAY DISTRICT (GPOD)

9.2.1 Purpose. The purpose of this Groundwater Protection Overlay District is:

1. to promote the health, safety, and general welfare of the community be ensuring an adequate quality and quantity of water for the residents, institutions, and businesses of the Town of Canton;

2. to preserve and protect existing and potential sources of drinking water supplies;

3. to conserve the natural resources of the Town of Canton; and

4. to prevent temporary and permanent contamination of the environment.

9.2.2 Overlay District. The Groundwater Protection Overlay District (GPOD) is an overlay district superimposed on the underlying zoning districts. 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 (1) of the underlying zoning districts which fall within the GPOD must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the GPOD.

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9.2.3 Establishment and Delineation of the GPOD. There are hereby established within the Town of Canton certain groundwater protection areas. These areas consist of aquifers or recharge areas which are delineated as GPOD areas on a map which is to be adopted as an amendment to the zoning map simultaneously with the adoption of this amendment to the zoning by-law. The map, which is at a scale of one inch equals one thousand feet (1”=1000 ‘) was prepared by Vollmer Associates and is entitled "Town of Canton Groundwater Protection District Overlay Map" dated April 1996.

1. District Boundary Disputes. If the location of the district boundary in relation to a particular- parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Zoning Board of Appeals (ZBA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.

2. The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. At the request of the owner(s), the Town may engage a registered professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for all, or part of the cost of the investigation.

9.2.4 Permitted Uses. The uses permitted within the GPOD shall be the uses permitted in the underlying zoning district, and not prohibited by Section 9.2.5, or requiring a special permit pursuant to Section 9.2.6, provided that all necessary permits, orders, or approvals required by local, state or federal law are also obtained.

9.2.5 Prohibited Uses. The following uses are prohibited within the Groundwater Protection District notwithstanding the provisions of the underlying zoning district:

1. Landfills and open dumps as defined in 310 CMR 19.006;

2. Storage of liquid petroleum products, except those incidental to the following:

a. Normal household use, outdoor maintenance, or heating of a structure;

b. Waste oil retention facilities required by statute, rule or regulation;

c. Emergency generators required by statute, rule or regulation;

d. Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters provided that storage listed in items a. through d. above, is in free-standing containers within buildings or above ground

-111- with secondary containment adequate to contain a spill the size of the containers total storage capacity; however replacement of existing tanks or systems for the keeping, dispensing or storage of gasoline is allowed consistent with state and local requirements. Other liquid petroleum products may be stored subject to the provisions of Section 5.25.2 (12) hereof.

3. Landfilling of sludge or septage as defined in 310 CMR 32.05;

4. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

5. Individual sewage disposal systems except as designed and/or maintained in accordance with the current requirements of Title 5 (310 CMR 15).

6. Storage of de-icing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

7. Storage of animal manure unless covered or contained in accordance with the specifications of the US Soil Conservation Service;

8. Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) within ten (10) feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads or utility works;

9. Facilities that generate, treat, store, or dispose of hazardous waste, Chapter 21 C and 310 CMR 30.00, except the following:

a. very small quantity generators, as defined under 310 CMR 30.00;

b. household hazardous waste collection centers and events under 310 CMR 30.390;

c. waste oil retention facilities required by MGL Chapter 21, section 52A.

d. water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters;

10. Automobile graveyards and junkyards, as defined in MGL Chapter 1 40B, section 1;

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11. Treatment or disposal works for non-sanitary wastewater that are subject to 314 CMR 5:00 except the following; a. 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;

b. treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.

12. Storage of hazardous materials, as defined in MGL chapter 21 E, except as allowed and in conformity with the provisions of the town's Hazardous Materials by-law.

13. Industrial and commercial uses which discharge process wastewater on-site except to the extent as may be authorized by applicable groundwater discharge permits;

14. Stockpiling and disposal of snow and ice containing de-icing chemicals if brought in from outside the district;

15. Storage of commercial fertilizers, as defined in MGL chapter 128, Section 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leakage.

9.2.6 Uses and Activities Requiring a Special Permit. The following uses and activities are permitted only upon the issuance of a special permit by the Zoning Board of Appeals and under such conditions as it may require:

1. The enclosed storage of road salt or other de-icing chemicals;

2. Modification of groundwater flow through use of under drains or similar devices except that a special permit shall not be required to maintain, modify or expand single family residential structures lawfully in existence on April, 1983;

3. Enlargement or alteration of existing uses that do not conform to the regulations of the GPOD;

4. 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 herein;

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5. The construction of dams or other water control devices, ponds, or other changes in water bodies or courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements.

6. Any use that will render impervious more than fifteen (15%) percent or two thousand five hundred (2,500s.f.) square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For non-residential uses, recharge shall be by storm water infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are not feasible. 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.

9.2.7 Procedures for Issuance of Special Permit. Any person desiring approval of a plan under this groundwater protection district section shall submit copies of its site plan (as set forth in Section 10.5) and its application to the Zoning Board of Appeals, the Board of Health, the Conservation Commission, the Planning Board, the Department of Public Works and the Fire Department. Each such entity shall by its own rules determine the number of copies of the plan and application to be so filed with it and may require other specific information to be provided to it. The Zoning Board of Appeals shall not grant a special permit under this section unless the application materials include, in its opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The Zoning Board of Appeals shall document the basis for any departures from the recommendations of the other Town Boards, Department or Commissions in its decision.

1. The applicant shall certify to the Board of Appeals the municipal agencies with which it has filed copies of its application and plans. Failure of any such agency to respond, in writing prior to the date on which the Board of Appeals is scheduled to hold its public hearing shall be construed to indicate approval, or no desire to comment by said agency, provided, however, the agency may request additional time within which to respond if it has requested additional information to be presented by the applicant.

9.2.8 Required Site Plan. The site plan shall be drawn at a proper scale as determined by rules adopted by the Zoning Board of Appeals stamped by a registered 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:

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1. 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;

2. For those activities using or storing such hazardous materials, a Hazardous Material Management Plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief and Board of Health. The plan should include:

a. 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

b. provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

c. evidence of compliance with the Hazardous Materials provisions of the Code of Massachusetts Regulations (310 CMR 30.00), including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection if the same shall be required;

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

9.2.9 Review by Town Officials. Uses and activities in the GPOD which require a special permit, will require a "Groundwater Protection District Review.” It is the responsibility of the applicant to distribute copies of plans that require Groundwater Protection District Review to the appropriate town officials. The appropriate town officials are hereby determined to be: the Planning Board, the Conservation Commission, the Board of Health, the Superintendent of Public Works, the Executive Secretary to the Board of Selectmen, and the Town Planner. The Board of Appeals may, in a specific case, require distribution of the plans to other Town agencies. The original copy of a Groundwater Protection District Review - Plan Distribution form (provided by the Building Commissioners office) dated and signed by each of the offices and agencies listed above, shall be filled with the Board of Appeals.

1. The Town offices and agencies to which copies of Groundwater Protection District Review - Plans are filed shall, within thirty (30) days following the date such distribution is made, file with the Board of Appeals a report concerning the application. Failure to file within the time designated shall be deemed to be a recommendation the plan be approved unless a Town official or agency submits

-115- to the Board of Appeals within the initial thirty (30) day period a notice of intent to extend the time for filing an additional thirty (30) days.

9.2.10 Decision. The Board of Appeals may issue a special permit if it determines, in conjunction with the above town agencies, or any other town agencies as in a particular circumstance may be deemed applicable, that the intent of this Section, as well as its specific criteria, are met and the intent as well as the specific criteria of every other law, By-law, rule or regulation for which any such municipal agency is responsible are met. The Zoning Board of Appeals may grant the required special permit only upon finding that the proposed use meets the following standards, and those otherwise applicable. The proposed use must:

1. In no way, during construction or thereafter, adversely affect the existing or potential duality or quantity of water that is available in the Groundwater Protection District; and

2. Be designed to avoid substantial disturbances of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed;

9.2.11 Violations. Written notice of any violations of this Section shall be given by the Building Commissioner to the responsible person/violator 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 report the violations and preventive measures required for avoiding future violations and a schedule of compliance. The cost of containment, clean- up or other action of compliance shall be borne by the owner and/or operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Groundwater Protection District, the Town of Canton, the Building Commissioner, the Board of Health, the Fire Department 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 Canton, the Building Commissioner, the Board of Health, the Fire Department, 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 Canton, the Building Commissioner, the Board of Health, the Fire Department, or any of their agents 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.

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9.2.12 Regulations. The Zoning Board of Appeals may adopt regulations to govern design features of projects. Such regulations shall be consistent with the subdivision regulations adopted by the Planning Board.

9.2.13 Fees. At the time of application, the applicant shall pay a filing fee and a consulting fee, as specified. The filing fee covers administrative expenses and the consulting fee covers the costs and expenses of an expert deemed necessary for the Zoning Board of Appeals to review the application and plan. The Zoning Board of Appeals may waive the filing fee and consulting fee for an application filed by a government agency.

9.3 NOT USED

9.4 NOT USED

9.5 NOT USED

Section 9.5 Hotel Overlay District (HOD) was deleted at ATM May 16, 2018, Second Session.

9.6 NOT USED

9.7 LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION OVERLAY DISTRICT (SPOD)

9.7.1 Purpose. The purpose of this Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District (SPOD) is to promote the creation of new large-scale ground-mounted solar photovoltaic 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. The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

9.7.2 Overlay District. The SPOD shall be construed as an overlay district. This district may be applied as an overlay to any parcel of land which has been designated by a town meeting vote. All requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements of the SPOD are less restrictive or

-117- provide for uses or structures not otherwise available in the underlying district(s). In such cases the requirements of the SPOD shall supersede the underlying zoning regulations.

9.7.3 Applicability. This Section 9.7 applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This Section 9.7 also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

9.7.4 Expedited Permitting. A site plan shall be submitted in accordance with the requirements of Section 10.5 of this Bylaw. In order to comply with the provisions of Massachusetts General Law Chapter 25A, Section 10(c) “the Green Communities Act,” site plan review shall be expedited and no decision shall be rendered so as to preclude the issuance of a building permit more than one (1) year after the date of application.

9.7.5 Definitions. See Section 11.

9.7.6 General Requirements for All Large-Scale Ground-Mounted Solar Power Generation Installations. The following requirements are common to all solar photovoltaic installations to be sited in designated locations. The Site Plan Review Authority may waive documentary requirements as it deems appropriate.

1. Compliance with Laws, Ordinances and Regulations. The construction and operation of all large-scale ground-mounted 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 photovoltaic installation shall be constructed in accordance with all current and applicable State Building Codes.

2. Building Permit and Building Inspection. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this Section without first obtaining a building permit.

3. Fees. The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit. The Planning Board or designated government body may adopt reasonable administrative fees and technical review fees that are commensurate for the said project.

4. Site Plan Review. Ground-mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Site Plan Review Authority pursuant to Section 10.5 of this Zoning Bylaw prior to construction, installation or modification as provided in this section.

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5. General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.

6. Required Documents. Pursuant to the site plan review process and in addition to documents otherwise required pursuant to Section 10.5 of this Zoning Bylaw, the project proponent shall provide the following documents:

(a) A site plan showing:

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

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

iii. Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

iv. One (1) or three (3) line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

v. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

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

vii. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

viii. The name, contact information and signature of any agents representing the project proponent; and

(b) Documentation of actual or prospective access and control of the project site;

(c) An operation and maintenance plan:

-119- (d) Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

(e) Proof of liability insurance; and

(f) Description of financial surety that satisfies Section 9.7.10.3.

7. 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 photovoltaic installation.

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

9. Utility Notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

10. Dimension and Density Requirements.

(a) Setbacks: For large scale ground mounted solar Photovoltaic installations, front, side and rear setbacks shall be as follows:

1. Front yard: The front yard depth shall be at least 25 feet; provided, however, that where the lot abuts a Conservation-Recreation, Residential district or a lot containing a building used primarily for residential purposes, the front yard shall not be less than sixty (60) feet.

2. Side yard. Each side yard shall have a depth at least fifteen (15) feet unless side yard abuts a railroad right-of-way; provided, however, that where the lot abuts a Conservation-Recreation, Residential district or a lot containing a building used primarily for residential purposes, the side yard shall not be less than fifty (50) feet.

3. Rear yard. The rear yard depth shall be at least twenty-five (25)feet unless the rear yard abuts a railroad right-of-way; provided, however, that

-120- where the lot abuts a Conservation-Recreation, Residential district or a lot containing a building used primarily for residential purposes, the rear yard shall not be less than fifty (50) feet.

The Board of Appeals may waive one or more setback requirements upon a demonstration by the applicant that such waiver will further the goals of this

Section 9.7, provided, however, that no such waiver shall allow a large- scale ground-mounted solar photovoltaic installation within fifty (50) feet of a residential property line or within twenty (20) feet of a street.

(b) Height Regulations. No structure shall be constructed to exceed twelve (12) feet in maximum height in this Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District (SPOD).

(c) Appurtenant Structures. All appurtenant structures to large-scale ground- mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks (see 9.7.6.10.1), open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

9.7.7 Design Standards.

1. Lighting. Lighting of solar photovoltaic installations 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 photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

2. Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Section 6.3 of this Zoning Bylaw. A sign consistent with such

Section 6.3 shall be required to identify the owner and provide a twenty-four (24) hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

3. Utility Connections. Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions,

-121- 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.

9.7.8 Safety and Environmental Standards.

1. Emergency Services. The large-scale ground-mounted solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. 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 photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

2. 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 the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and Bylaws.

9.7.9 Monitoring and Maintenance.

1. Solar Photovoltaic Installation Conditions. The large-scale ground-mounted solar photovoltaic installation 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 Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

2. Modifications. All material modification to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Site Plan Review Authority.

9.7.10 Abandonment and Decommissioning.

1. Removal Requirements. Any large-scale ground-mounted solar photovoltaic installation, which has reached the end of its useful life or has been abandoned consistent with Section 9.7.10.2 of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than one hundred fifty (150) days after the date of discontinued operations. The owner or operator shall

-122- notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal Decommissioning shall consist of:

(a) Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

2. Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Site Plan Review Authority. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within one hundred fifty (150) days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

3. 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, in an amount and form determined to be reasonable by the Site Plan Review Authority, but in no event to exceed more than one hundred twenty five (125%) percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally 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.

9.8 NOT USED

9.9 NOT USED

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9.10 CANTON JUNCTION OVERLAY DISTRICT

9.10.1 Purpose. The purpose of the Canton Junction Overlay District (CJOD) is to allow for and encourage the production of neighborhood scale, transit-oriented housing in walkable proximity to Canton’s Commuter Rail stations, and in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A).

9.10.2 Definitions. For purposes of this Section 9.10, the following definitions shall apply.

1. Affordable Unit. A multi-family 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 earning income up to eighty percent (80%) of the Area Median Income.

2. Area Median Income (AMI). The median family income for the metropolitan statistical region that includes the Town of Canton, as defined by the U.S. Department of Housing and Urban Development (HUD).

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

4. Common Open Land: A parcel or parcels of undeveloped land or an area of water, or a combination of undeveloped land and water within the site designated for a Multi-family development, maintained and preserved for open uses, and designed and intended for the use and enjoyment of residents of the Multi-family development. Common Open Land may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of users, but shall not include streets or parking areas except those incidental to open space use.

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

8. EOHLC. The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.

9. Development parcel. One or more Lots which together are designated by a project applicant as a Development Parcel. The Lots comprising a Development Parcel need not be in the same ownership. Where the Development Parcel consists of more than a single Lot, the Lots, in combination, shall be treated as the

-124- Development Parcel, may be contiguous or non-contiguous, and shall be considered one ‘Development Parcel’ per the application.

10. MBTA. Massachusetts Bay Transportation Authority.

11. Multi-Family Housing. A building 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.

13. Section 3A. Section 3A of the Zoning Act.

14. Subsidized Housing Inventory (SHI). A list of qualified Affordable Housing Units maintained by EOHLC used to measure a community’s stock of low-or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.

9.10.3 Zoning Map and Regulating Plan. The Canton Junction Overlay District is located and bounded as shown on a map entitled “Town of Canton Zoning Map”, copies of which are on file in the offices of the Town Clerk and Planning Department.

9.10.4 Scope of Authority.

1. The Canton Junction Overlay District shall be an overlay district and shall not restrict the landowner’s rights relative to the underlying zoning districts. However, if the landowner elects to apply for a permit under the provisions of this section 9.10, the development shall conform to the requirements of this section 9.10 and shall not be required to conform to the requirements of the underlying zoning districts.

2. In the case of overlap with the Groundwater protection Overlay District (GPOD), as of right developments under the provisions of this section 9.10 shall be required to adhere to the substantive requirements of the GPOD but are exempt from having to apply for a special permit under the GPOD.

9.10.5 Allowed Use.

1. Multi-family housing permitted as of right within Canton Junction Overlay District subject to the requirements set forth herein.

2. Any use allowed in the underlying district by right or by special permit, to which the requirement of the underlying district shall apply.

9.10.6 Dimensional Requirements.

1. The following table of dimensional requirements shall apply to all developments under the CJOD.

-125- Minimum Lot Size 43,560 sq. ft. (1 acre) Minimum Building Height 50 ft./4 stories Minimum Front Setback 30’ Minimum Side Setback 20’ Minimum Rear Setback 20’ Minimum Common Open Land 30%

9.10.7 Parking.

1. Number of parking spaces. A minimum of 1.5 off-street parking spaces per residential unit, rounding upward to the next whole number, shall be required, either in surface parking or within garages or other structures.

2. Number of bicycle parking spaces. A minimum of one (1) bicycle parking space per residential unit, rounding upward to the next whole number, shall be required, either in surface parking or within garages or other structures.

3. Bicycle storage. For a multi-family development of 30 units or more, covered bicycle parking spaces shall be integrated into the structure of the building(s).

9.10.8 Affordability Requirements

1.Applicability. This requirement is applicable to all multi-family developments in Canton Junction Overlay District with ten (10) or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (Applicable Projects). No project may be divided or phased to avoid the requirements of this section.

2.Affordable Housing. Not fewer than ten percent (10%) of housing units constructed shall be Affordable Housing Units. For purposes of calculating the number of units of Affordable Housing required within a development project, a fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to eighty percent (80%) of the AMI.

a. Subsidized Housing Inventory. All units affordable to households earning 80% or less of Area Median Income (AMI) created under this section must be eligible for listing on EOHLC’s Subsidized Housing Inventory. b. Local Action Units. The Affordable Units may be Local Action Units developed in compliance with and approved pursuant to the requirements for the same as specified by Commonwealth of Massachusetts Executive Office of Housing and Livable Communities

-126- (EOHLC), or successor agency, or affordable dwelling units developed under such additional programs adopted by the Commonwealth of Massachusetts or its agencies. All such affordable dwelling units shall count toward the Town of Canton’s requirements under Sections 20-23 of Chapter 40B of the General Laws of Massachusetts, and shall be listed on the Subsidized Housing Inventory (SHI) maintained by DHCD. The developer shall assist the Town in the preparation of any forms required. c. Local Performance. To the extent permitted by applicable law, and after approval by EOHLC, otherwise qualified Canton residents shall have a first opportunity and preference for the aforementioned affordable dwelling units. For purposes of this requirement, “Canton residents” shall be defined as a current Town of Canton resident (as established through certification by the Canton Town Clerk based on census, voting registration, or other acceptable evidence), or a current employee of the Town of Canton or business establishment located in Canton, or households with children attending the Canton Public Schools.

3. Development Standards. Affordable Units shall be: a. Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

b. Dispersed throughout the development;

c. Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or Electric Vehicle charging stations) within the development;

d .Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

e. Distributed proportionately among unit sizes; and

f. Distributed proportionately across each phase of a phased development.

g. Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for Affordable Units are issued simultaneously on a pro rata basis.

9.10.9 General Development Standard

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1. Development Standards in the Canton Junction Overlay District are applicable to all multi-family development with five (5) or more residential units. These standards are components of the Site Plan Review process in Section 9.10.11 Site Plan Review.

2. Site Design. a. Connections. Sidewalks shall provide direct connections among building entrances, the public sidewalk (if applicable), bicycle storage, and parking. b. Vehicular Access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged. c. Open Space. See section 9.10.10 Common Land Requirements d. Screening for Parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six (6) feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk. 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. Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow. h. Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way. i. Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building. 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, Section 3A/MBTA Communities: Sample Zoning 25 Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Town of Canton’s MS4 Permit for projects that disturb more than one acre and discharge to the Town’s 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.

-128- a. Position relative to principal street. The primary building shall have its principal façade and entrance facing the principal street. See also Section G.7. Buildings: Corner Lots. b. Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

4. Buildings: Multiple buildings on a lot. a. Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto pubic rights-of-way. b. A paved pedestrian network shall connect parking to the entries to all buildings and the buildings and the buildings to each other. c. The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials. d. The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

5. Buildings: Corner Lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing façades 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 façades 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 façades.

6. Buildings: Principal Façade and Parking. Parking shall be subordinate in design and location to the principal building façade. a. Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located 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. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot.

7. Waivers. Upon the request of the Applicant and subject to compliance with the Compliance Guidelines, the Site Plan Review Authority may waive the requirements of this Section 9.10.9 General Development Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the CJOD.

9.10.10 Common Open Land Requirements. All multi-family developments under Canton Junction Overlay District must provide a minimum percentage of the lot area as

-129- Common Open Land, as defined above in Section 9.10.2. Common Open Land must be accessible to residents of the development and maintained by the property owner or homeowners’ association so long as the property continues to be used as Multi-family residences.

9.10.11 Site Plan Review.

1. Applicability. Site Plan review is required for all developments applying for a permit under 9.10 Canton Junction Overlay District. An application for Site Plan Review shall be reviewed by the Zoning Board of Appeals for consistency with the purpose and intent of Sections 9.10 Canton Junction Overlay District.

2. Submission Requirements. As part of any application for Site Plan Review for a project within CJOD, the Applicant must submit the following documents to the Municipality: a. Application and fee for Site Plan Review. b. Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by Municipality for Site Plan Review. c. Elevations of the building(s) showing the architectural design of the building. d. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of [one inch equals forty feet (1”=40’) or larger], or at a scale as approved in advance by the Permitting Authority. e. Narrative of compliance with the applicable design standards of this Section.

3. Timeline. Site Plan Review should be commenced no later than 30 days of the submission of a complete application and should be completed expeditiously. The site plan review authority may, when appropriate, seek the input of other municipal boards or officials. In general, site plan review should be completed no more than 6 months after the submission of the application.

4. Site Plan Approval. Site Plan Approval for uses listed in Section 9.10.5 Allowed Use shall be granted upon determination by the Site Plan Review Authority that the following conditions have been satisfied. The Site Plan Review Authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied. a. The Applicant has submitted the required fees and information as set forth in Municipality’s requirements for a Building Permit and Site Plan Review; and b. The project as described in the application meets the development standards set forth in Section 9.10.9 General Development Standards.

5. Project Phasing. An Applicant may propose, in a Site Plan Review submission,

-130- that a project be developed in phases subject to the approval of the Site Plan Review Authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of Section 9.10.8 Affordability Requirements.

9.10.12 Severability. If any provision of this Section 9.10 Canton Junction Overlay District is found to be invalid by a court of competent jurisdiction, the remainder of Section 9.10 shall not be affected but shall remain in full force. The invalidity of any provision of this Section shall not affect the validity of the remainder of the Town of Canton’s Zoning By-Law.