Glossary forReading, Middlesex County, MA

ACCESSORY USE : The use of a building or premises for purposes customarily incidental to a permitted principal use.

ACCESSORY APARTMENT : A self-contained housing unit consisting of one or more rooms with separate kitchen and bathroom facilities incorporated within an existing building that was originally designed as a one family dwelling.

ADULT USES : The uses defined in Section 4.3.4. of these By-Laws.

APARTMENT : A dwelling arranged, intended or designed to be occupied by more than two (2) families.

AQUIFER : Geologic formation composed of rock, sand or gravel, from which significant quantities of potable water may be obtained from wells.

AUTOMOBILE GRAVEYARD : The storage of three (3) or more unregistered automobiles other than in connection with an automobile sales room or office.

BOARDING HOUSE : Any building or portion thereof used for supplying shelter or food to a guest and containing more than three (3) sleeping rooms for commercial purposes; each sleeping room shall be intended for occupancy by not more than two (2) adults.

BUILDING : A structure enclosed within exterior walls whether portable or fixed, having a roof or other coverings for the shelter of persons, animals or property.

BUILDING INSPECTOR : The Inspector of Buildings or Building Commissioner and local Inspectors appointed pursuant to Section 3 of Chapter 143 of the General Laws, or any other enabling authority, including such as may be appointed in combination with other cities or towns.

CARRIAGE HOUSE-STABLE-BARN : A building that was constructed prior to 1910 for the stabling of horses and/or garaging of non-mechanized carriages or wagons.

COMBINED SERVICE USE : A facility owned and operated by a non-profit organization which provides recreational, educational and social service but not including the sale of alcoholic beverages or operation of games of chance.

COMMUNICATION FACILITY : A building whose principal use is to contain telephone, telegraphic or electronic exchanges for the purpose of connecting or networking communications systems, similar facilities and ancillary offices.

COMMERCIAL COMMUNICATIONS STRUCTURE : A tower, antenna, dish or other free- standing structure as defined in the State Building Code, together with any related ancillary building, used for the transmission and/or reception of radio, television, telecommunications or other electronic communication signals for commercial purposes.

COMPUTER SERVICES : The development of computer and related components for purposes of software, hardware and electronic commercial businesses, with assembly and distribution restricted to support said development as an accessory use.

CONSUMER SERVICE : A barber shop, beauty parlor, dry cleaning establishment where dry cleaning is done on the premises as a direct service, lunchroom, restaurant and photographer's shop or studio.

DWELLING : Any building or structure used in whole or in part for human habitation.

ONE FAMILY DWELLING : A detached dwelling arranged, intended or designed to be occupied by a single family.

TWO FAMILY DWELLING : A detached dwelling arranged, intended or designed to be occupied by two (2) families.

DWELLING UNIT : A structure or a portion of a structure containing in a self-

sufficient and exclusive manner facilities for sleeping, bathing and cooking, including one full kitchen and full bathroom facilities as defined by the Massachusetts State Building Code.

EARTH REMOVAL : The removal of sand, loam, sod or gravel unrelated to landscaping or authorized construction on the lot.

FAMILY : One (1) or more persons living together in one (1) dwelling unit as a single housekeeping unit, but not including fraternities, sororities or other fraternal or communal living arrangements.

FLOOR AREA, GROSS : The sum of the areas on the several floors of a building or buildings measured from the outside surfaces of the exterior walls so as to include the full thickness thereof.

FLOOR AREA, NET : The actual occupied area of a building or buildings not including hallways, stairs, mechanical spaces and other non-habitable spaces, and not including thickness of exterior or interior walls.

LOT FRONTAGE : The continuous uninterrupted length of a lot boundary line along a street line having a depth into the lot of not less than twenty (20) feet, said depth measured at an angle to said street line of not less than 65 degrees, over and through which, actual legal and physical access to the potential building site by both pedestrian and vehicles shall be required. The existence of an access easement shall not satisfy the requirement for actual legal and physical access. The end of a street without a cul-de-sac shall not be considered frontage.

GRADE, ESTABLISHED : The elevation of the street grade as established or approved by the Town.

GRADE, NATURAL : The elevation of the undisturbed natural surface of the ground adjoining a building.

GROUNDWATER : All water found beneath the ground surface. The slowly moving sub- surface water present in aquifers and recharge areas.

HAZARDOUS AND TOXIC : Any solid or liquid substance or combination of substances, including any liquid petroleum products, that because of quantity, concentration or physical, chemical or infectious characteristic poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in this Town. Any substance deemed a "hazardous waste" in Massachusetts General Laws, Chapter 21C, or deemed as toxic or hazardous substance in Massachusetts General Laws, Chapter 94B, shall also be deemed a hazardous material for purposes of this By-Law.

HEIGHT OF A BUILDING : The vertical distance measured at the center line of its principal front from the established grade or from the natural grade if higher than the established grade, or from the natural grade if no grade has been established: to the level of the highest point of the roof beams in the case of flat roof or roofs inclining not more than one inch to the foot, and to the mean height level between the top of the main plate and the highest ridge in the case of other roofs. For buildings with more than one principal front, said vertical distance shall be measured from the average of the established grade or the natural grade, as applicable, measured at the centerline of each principal front.

HOME OCCUPATION : The use of room or rooms in a dwelling as an office, studio or working room by a person resident in the house where no goods are publicly displayed or offered for sale.

IMPERMEABLE SURFACE : Natural or manmade material on the ground that does not allow surface water to penetrate into the soil.

KINDERGARTEN, PRIVATE : A private school for children of pre-primary school age having an enrollment of three (3) or more children of different parentage.

LANDSCAPED AREA : Land area not covered by building, parking spaces and driveways.

LEACHABLE WASTES : Waste materials, including solid waste and sludge, that are capable of releasing water-borne contaminants to penetrating water derived from rain or snowmelt.

LOT : A parcel of land occupied or designed to be occupied by principal and accessory buildings or uses, including such open spaces as are arranged and designed to be used in connection with such buildings.

LOT COVERAGE : That proportion expressed as a percent of the total lot area covered by principle buildings.

LOT WIDTH : The width of a lot governed by the diameter of a circle, said circle fitting entirely within the lot and being tangent with the front lot line.

MIXED USE : The combining of retail/commercial and/or service uses with residential or office use in the same building or on the same site.

NON-CONFORMING : A lawful pre-existing building, structure, vacant lot, or use of buildings or land that does not conform to the zoning regulations for the district in which it is located, but did conform at the time it was built or established.

NURSING HOME : A convalescent or rest home, or an assisted living residence as defined in 651 CMR 12.02.

OPEN STORAGE : The storing of retail goods outside of a structure on a lot for the purpose of display and/or sales.

OVERLAY DISTRICT : A district super-imposed on one (1) or more districts which may establish restrictions in addition to the regulations of the district or districts super- imposed.

PLACE OF ASSEMBLY : A theater, cinema, bowling alley or other similar enclosed place.

ROADSIDE STAND : The sale of natural products raised on the premises and articles manufactured on the premises from such products.

SCHOOL : The use for educational purposes of structures on land owned or leased by the Commonwealth, any of its agencies, subdivisions or bodies politic, a religious sect or denomination, a non-profit educational corporation or any other public or private school giving regular instruction at least five (5) days a week for eight (8) months or more each year; but not including a school giving special or limited instruction such as a business, trade, art, music, dancing or riding school.

SENIOR INDEPENDENT LIVING : A facility that provides dwelling units for residents over the age of 55, with no permanent residents under the age of 18, in a single or multiple buildings or in separate townhouses or cottages, and may include common areas for the use of residents.

SIGN : Any word or combination of number, emblem, picture, design, trademark or other device including the support structure of freestanding signs.

Signage is the collection of signs. Signage does not include temporary holiday decorations, historical date markers or plaques, or artwork that contains no commercial messages.

SOLID WASTES : Any discarded solid material, putrescible or nonputrescible, consisting of all combustible and noncombustible solid material including, but not limited to garbage and rubbish.

STRUCTURE : Materials assembled at a fixed location to give support or shelter, such as a building, framework, wall, tent, reviewing stand, platform or the like.

TOWNHOUSE : A dwelling unit arranged, intended or designed to be occupied by a single family which is attached to one or more other single family dwelling units by one or more common walls, with each dwelling unit having its own exterior entrance. Each dwelling unit may be owned by a separate owner.

TOWNHOUSE DEVELOPMENT : A development of land with townhouses located in a Residence S-10 District and which is governed by the provisions of Paragraph 4.6. A townhouse development shall not be limited to one principal structure per lot. A swimming pool, club house, tennis courts and other usual single family accessory uses and facilities may be allowed as part of the Special Permit issued by the Board of Appeals in a townhouse development, subject to conditions imposed by the Board.

TOWNHOUSE PARCEL : A parcel of land upon which a townhouse development is located.

TRAILER : A structure originally designed as a vehicle to be used in whole or in part for human habitation having no motive power of its own.

TRAILER CAMP : An area of land on which is located one or more trailers used for human habitation.

USE : An activity or purpose to which a lot or structure is, or is proposed to be, devoted; for purposes of these By-Laws, each use listed on any line in Section 4.2.2., Table of Uses, is to be considered different from any other use listed on any other line in said Section.

WATERSHED : An area drained by a stream or stream system.

WETLANDS RESOURCE AREA : An area as defined in the regulations adopted pursuant to Section 40 of Chapter 131 of the General Laws and pursuant to Section 5.7. of the Reading General Bylaws.

YARD : An open space on the same lot with a building.

YARD, FRONT : The yard extending between the building and the street line and extending across the full width of the lot.

YARD, REAR : The yard extending between the building and the rear line of the lot and extending across the full width of the lot.

YARD, SIDE : The yard extending between the building and the side line of the lot and extending from the front yard to the rear yard.

ADULT USES : An establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock in trade, or other matter or materials for sale, rental, distribution or exhibition, which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws, including but not limited to the following:

ADULT BOOKSTORE : An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws;

ADULT CLUB : An establishment having as any of its activities or entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws;

ADULT ENTERTAINMENT ESTABLISHMENT : An establishment offering activities or goods or providing services where employees, entertainers or patrons are engaging in nudity, sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws;

ADULT MOTION PICTURE THEATER : An establishment used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws;

ADULT PARAPHERNALIA STORE : An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws;

ADULT VIDEO STORE : An establishment having as a substantial or significant portion of its stock in trade videos, movies or other film materials which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in Section 31 of Chapter 272 of the General Laws.

SUBSTANTIAL OR SIGNIFICANT PORTION : The term "substantial or significant portion" as used in this Section 4.3.4. shall mean any of the following:

a. Twenty percent (20%) or more of the business inventory or stock of merchandise for sale, rental, distribution or exhibition during any period of time;

b. Twenty percent (20%) or more of the annual number of gross sales, rentals or other business transactions; or

c. Twenty percent (20%) or more of the annual gross business revenue.

AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or V.

BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.

DEVELOPMENT means any manmade 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.

DISTRICT means floodplain district.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

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

FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.

FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOODWAY means the channel of a river 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.

LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.

MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the "start of construction" (as evidenced by issuance of a building permit) commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.

ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.

REGULATORY FLOODWAY - see FLOODWAY.

SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.

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. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available Federal, State, local or other data.

ZONE A1-30 AND ZONE AE (for new and revised maps) mean the 100-year floodplain where the base flood elevation has been determined.

ZONE AH AND ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

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

AQUIFER PROTECTION DISTRICT : The zoning district defined to overlay other zoning districts in the Town of Reading. The aquifer protection district may include specifically designated recharge areas.

IMPERVIOUS SURFACE : Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. Impervious surfaces shall include all roofs, driveways, parking areas, roadways and walkways, regardless of the proposed surface material.

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

POTENTIAL DRINKING WATER SOURCES 2 : Areas which could provide significant potable water in the future.

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

TOXIC OR HAZARDOUS MATERIAL : Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water in the Town of Reading. Toxic or hazardous materials include, without limitation; synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (M.G.L.) Chapter (c.) 21C and 21 E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.

AFFORDABLE HOUSING : Housing units priced to be available for purchase or rental by households with annual incomes that do not exceed eighty percent (80%) of the median annual household income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development and so that the annual housing unit cost to the household does not exceed 30% of the annual gross income of the household.

COMMERCIAL : A use or structure that is used other than for residential, public, quasi-public or heavy industrial purposes.

DEVELOPER : One or more entities proposing together to develop a Planned Unit Development parcel.

DNA : Deoxyribonucleic acid.

EXISTING : In existence at the time of filing a complete Preliminary PUD Plan submission.

FLOOR AREA RATIO (OR "FAR") : In a PUD, the ratio of total gross building floor area in a PUD to the area of the development parcel. Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas of interior atriums and lobbies, and mechanical and utility space on habitable floors; but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in the determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter 131, Section 40, as amended, may not exceed 10% of the development parcel area used to compute FAR.

MINOR STREET : A street used primarily for access to abutting properties or carrying volumes of traffic less than 10,000 vehicles per average day.

MAJOR STREET : A street used for through access and carrying volumes of traffic greater than 10,000 vehicles per average day.

PUD BY-LAW : Section 4.9. of the Reading Zoning By-Laws including all subsections thereof.

RECOMBINANT DNA (RDNA) TECHNOLOGY : The industrial science of molecular construction outside living cells by joining natural or synthetic DNA segments to DNA molecules that can replicate in a living cell.

RESIDENTIAL STREET : Any section of a street which lies within a residential zoning district or any section of a street the centerline of which forms a boundary of a residential zoning district.

SITE : The development parcel upon which a PUD is proposed.

STRUCTURED PARKING : In a PUD, a parking garage or all or part of building floors above or below grade to be used for automobile parking.

DEVELOPER : One or more entities proposing together to develop a Planned Residential Development parcel.

EXISTING : In existence at the time of filing a complete Preliminary PRD Plan submission.

FLOOR AREA RATIO (OR "FAR") : In a PRD, the ratio of total gross building floor area in a PRD to the area of the development parcel. Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas of interior atriums and lobbies, and mechanical and utility spaces on habitable floors; but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas enclosed by ornamental roofs. Structured parking and garages shall not be counted in the determination of Floor Area Ratio. Areas classified as wetlands in MGL, Chapter 131, Section 40 or Reading General Bylaws Section 5.7., may not exceed ten percent of the development parcel area eligible to be used in any computation of FAR.

HEIGHT : The vertical distance from the average grade around the perimeter of a building to the top of a flat roof, including any parapet, or to a point halfway between the bottom of an eave and the top of a ridge of a sloped roof.

INCLUSIONARY HOUSING : (1) Affordable Housing: Housing units available for purchase by households with annual incomes less than one-hundred percent (100%) of the median annual household income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.

MODERATELY PRICED HOUSING : (2) Housing units available for purchase by households with annual incomes between one hundred percent (100%) and one hundred twenty-five percent (125%) of the median annual household income for the Boston Metropolitan Area as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.

MAJOR STREET : A street used for through access and carrying traffic volumes of greater than 10,000 vehicles per average day.

MINOR STREET : A street used primarily for access to abutting properties or carrying traffic volumes of less than 10,000 vehicles per average day.

h. Reading Zoning By-Laws including all subsections thereof.

SITE : The development parcel upon which a PRD is proposed.

STRUCTURED PARKING : In a PRD, a parking garage, or all or part of building floors above or below grade to be used for automobile parking.

ACCESSORY BUILDING A detached single story building the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building. An Accessory Building shall not be used to house people, domestic animals, or livestock. Nor shall it be used as an independent commercial enterprise. An Accessory Building located within 10 feet of the principal building shall be subject to the dimensional requirements applicable to the principal building.

ADMINISTERING AGENCY An organization designated by the Reading Board of Selectmen, which may be the Reading Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this By-Law related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the GSGD. In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the Reading Board of Selectmen or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Reading Board of Selectmen or, in the absence of such timely designation, by an entity designated by the DHCD.

AFFORDABLE UNIT - An Affordable Rental Unit or an Affordable Homeownership Unit that is affordable to and occupied by an Eligible Household.

AFFORDABLE HOUSING RESTRICTION A deed restriction of an Affordable Unit meeting statutory requirements in Section 31 of Chapter 184 of the General Laws and the requirements of Section 4.11.10 of this By-Law.

AFFORDABLE RENTAL UNIT A Dwelling Unit required to be rented to an Eligible Household in accordance with the requirements of Section 4.11.10 of this By-Law.

AFFORDABLE HOMEOWNERSHIP UNIT A Dwelling Unit required to be sold to an Eligible Household in accordance with the requirements of Section 4.11.10 of this By-Law.

APPLICANT A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this By-Law.

APPLICATION A petition for Plan Approval filed with the Approving Authority by an Applicant and inclusive of all required documentation as specified in administrative rules adopted pursuant to Section 4.11.11.

APPROVING AUTHORITY The Community Planning and Development Commission (CPDC) of the Town of Reading acting as the authority designated to review projects and issue approvals under this Section 4.11.

AS-OF-RIGHT DEVELOPMENT - A Development Project allowable under this Section 4.11 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Plan Review requirement of this Section 4.11 shall be considered an As-of-Right Development.

BASEMENT - The lowest floor level of a building which is either fully or partially below grade, whether or not fully enclosed.

BUILDING A structure enclosed within exterior walls whether portable or fixed, having a roof or other coverings for the shelter of persons, animals or property.

CONSERVATION USE - Any woodland, grassland, wetland, agricultural or horticultural use of land, any use of land for the construction and use of ponds or storm water management facilities.

DEPARTMENT The Massachusetts Department of Housing and Community Development (DHCD) or any successor agency.

DESIGN STANDARDS Design Standards included in Sec. 4.11.9 of this By-Law and made applicable to Projects within the GSGD that are subject to the Plan Approval process. The Design Standards are applicable to all Development Projects within the GSGD that are subject to Plan Review by the Approving Authority.

DEVELOPABLE LAND All land within the GSGD that can be feasibly developed into Development Projects. Developable Land shall not include: the rights-of-way of existing public streets and ways; or areas that are: (1) protected wetland resources (including buffer zones) under federal, state, or local laws; (2) land located within the Flood Plain Zoning District in the Town of Reading and subject to seasonal or periodic flooding; or (3) rare species habitat designated under federal or state law. The foregoing definition shall be for purposes of calculating density under Section 4.11.7.1 and shall not limit development activities in such excluded areas if otherwise allowed by applicable law.

DEVELOPMENT LOT One or more lots which are designated as a Development Lot on a plan for a development proposed within the GSGD and for which Plan Approval is required under the provisions of this Section 4.11. The lots comprising a Development Lot need not be in the same ownership. Where the Development Lot consists of more than a single lot, the lots, in combination, shall be treated as the Development Lot, may be contiguous or non-contiguous and shall be considered as one lot for the purpose of calculating parking requirements and Dwelling Units per acre. Any development undertaken on a Development Lot is subject to the Design Standards established under Section 4.11.9 of this By-Law.

DEVELOPMENT PROJECT OR PROJECT A residential development undertaken under this Section 4.11. A Development Project shall be identified on the Plan which is submitted to the Approving Authority for Plan Review.

DWELLING Any building or structure used in whole or in part for human habitation.

DWELLING UNIT A structure or a portion of a structure containing in a self sufficient and exclusive manner facilities for sleeping, bathing, and cooking, including one full kitchen and full bathroom facilities as defined by the Massachusetts State Building Code. The following types of Dwelling Units are specifically defined:

MULTI-FAMILY DWELLING UNITS A residential building containing four or more Dwelling Units designed for occupancy by the same number of families as the number of Dwelling Units.

ONE-FAMILY DWELLING A detached dwelling arranged, intended or designed to be occupied by a single family.

ELIGIBLE HOUSEHOLD, LOW INCOME An individual or household whose annual income is below fifty percent (50%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

ELIGIBLE HOUSEHOLD, MODERATE INCOME An individual or household whose annual income is below eighty percent (80%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

FAMILY One (1) or more persons living together in one (1) dwelling unit as a single house-keeping unit, but not including fraternities, sororities or other fraternal or communal living arrangements.

FRONTAGE - The continuous length of a lot line along a street line or Traveled Way across which access is legally and physically available for pedestrians and vehicles. The end of a street without a cul-de-sac may be considered frontage, and may be extended into one or more Traveled Ways for the purpose of providing frontage.

FLOOR AREA, GROSS The sum of the areas on the several floors of a building or buildings measured from the outside surfaces of the exterior walls so as to include the full thickness thereof.

FLOOR AREA, NET The actual occupied area of a building or buildings not including hallways, stairs, mechanical spaces and other non-habitable spaces, and not including thickness of exterior or interior walls.

GARAGE, DETACHED A detached single story accessory building serving as storage for personal vehicles or other items belonging to the occupants of the premises that is used for residential purposes. Such building shall be fully enclosed. A detached garage located within ten (10) feet of the principal building shall be subject to the dimensional requirements applicable to the principal building.

GATEWAY SMART GROWTH DISTRICT OR GSGD An overlay zoning district adopted pursuant to Chapter 40R of the General Laws, in accordance with the procedures for zoning adoption and amendment as set forth in Chapter 40A of the General Laws and approved by the Department of Housing and Community Development pursuant to Chapter 40R of the General Laws and 760 CMR 59.00.

HEIGHT OF BUILDING - The vertical distance measured at the center line of its principal front from the established grade or from the natural grade if higher than the established grade, or from the natural grade if no grade has been established: to the level of the highest point of the roof beams in the case of flat roof or roofs inclining not more than one inch to the foot, and to the mean height level between the top of the main plate and the highest ridge in the case of other roofs. For buildings with more than one principal front, said vertical distance shall be measured from the average of the established grade or natural grade, as applicable, measured at the centerline of each principal front.

HOUSEHOLD INCOME, MEDIAN The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).

IMPERMEABLE SURFACE Natural or manmade material on the ground that does not allow surface water to penetrate into the soil.

INFRASTRUCTURE LETTERS - The letters issued on behalf of the Town in fulfillment of Section 6(a)(11) of Chapter 40R of the General Laws and 760 CMR 59.04(1)(h) identifying infrastructure improvements to be made incident to the construction of one or more Development Projects in the GSGD.

LANDSCAPED AREA Land area not covered by building, parking spaces and driveways.

LOT A parcel of land occupied or designed to be occupied by principal and accessory buildings or uses, including such open spaces as are arranged and designed to be used in connection with such buildings.

LOT COVERAGE The percentage of the total lot area covered by principal and accessory buildings and including any detached garages.

PEDESTRIAN WAY - A way intended for use by the general public for the movement of pedestrians which may include provision for use by cyclists. Pedestrian Ways include:

PATH A way that is not located immediately adjacent to and incorporated within the design of a Traveled Way. A Path may proceed in a meandering fashion where appropriate to site design rather than the strictly linear configuration expected of a Sidewalk.

SIDEWALK A way that is located immediately adjacent to and incorporated within the design of a Traveled Way.

PLAN A plan depicting a proposed Development Project for all or a portion of the GSGD and which is submitted to the Approving Authority for its review and approval in accordance with the provisions of Section 4.11.11 of this By-Law.

PLAN APPROVAL The Approving Authority's authorization for a proposed Development Project based on a finding of compliance with this Section 4.11 of the By-Law and Design Standards after the conduct of a Plan Review.

PLAN REVIEW The review procedure established by this Section 4.11 and administered by the Approving Authority.

RECREATIONAL ACCESSORY USE A use subordinate to a Principal Residential Use on the same lot or in the same structure and serving a purpose customarily incidental to the Principal Residential Use, and which does not, in effect, constitute conversion of the Principal Use of the lot, site or structure to a use not otherwise permitted in the GSGD. Recreational Accessory Uses may include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool, tennis court, basketball court, and playground.

SERVICE AREA Exterior locations of a building including, but not limited to, dumpsters or containerized trash receptacles, metering stations and utilities.

SHARED PARKING FACILITIES Parking facilities designed and intended to serve more than a single use as shown on a Plan.

SIGN Any word, number, emblem, picture, design, trademark or other device to attract attention.

SINGLE FAMILY RESIDENCE DISTRICT A zoning district allowing One-Family Dwelling uses per the Zoning By-Law.

STRUCTURED PARKING Two or more levels of parking, vertically stacked, either alone or integrated into a building.

TRAVELED WAYS A way intended for use by the general public for the movement of vehicles which may include provision for use by pedestrians and cyclists through the use of bicycle lanes, sidewalks, shoulders and/or dedicated travel lanes.

UNDERLYING ZONING The zoning requirements adopted pursuant to Chapter 40A of the General Laws that are otherwise applicable to the geographic area in which the GSGD is located, as said requirements may be amended from time to time.

UNDULY RESTRICT A provision of the GSGD or a Design Standard adopted pursuant to Chapter 40R of the General Laws and 760 CMR 59.00 that adds unreasonable costs or unreasonably impairs the economic feasibility of a proposed Development Project in the GSGD.

UNRESTRICTED UNIT A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants.

USE, ACCESSORY The use of a building or premises for purposes customarily incidental to a permitted principal use.

USE, PRINCIPAL The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this Section 4.11.

VILLAGE GREEN An area of publicly accessible open space in the District that may be landscaped with greenery or hardscape.

YARD An open space on the same lot with a building.

YARD, FRONT The yard extending between the building and the street line and extending across the full width of the lot.

YARD, REAR The yard extending between the building and the rear line of the lot and extending across the full width of the lot.

YARD, SIDE The yard extending between the building and the side line of the lot and extending from the front yard to the rear yard.

ACCESSORY BUILDING A detached building the use of which is customarily incidental and subordinate to that of the principal building or buildings and which is located on the same lot. An Accessory Building shall not be used to house people, domestic animals or livestock, nor shall it be used as an independent commercial enterprise. An Accessory Building located within 10 feet of a principal building shall be subject to the dimensional requirements applicable to the principal building.

AFFORDABLE HOMEOWNERSHIP UNIT A dwelling unit required to be sold to an Eligible Household per the requirements of this Section 4.12.

AFFORDABLE HOUSING RESTRICTION A deed restriction of an Affordable Unit meeting statutory requirements in Mass. Gen. Laws Ch.184 �31 and the requirements of �4.12.10 of this Article.

AFFORDABLE RENTAL UNIT A dwelling unit required to be rented to an Eligible Household per the requirements of �4.12.10.

AFFORDABLE UNIT The collective reference to Affordable Homeownership Units and Affordable Rental Units

ANNUAL UPDATE A list of all approved and currently proposed Smart Growth Districts within the Town of Reading, to be filed on or before July 31st of each year with the Massachusetts Department of Housing and Community Development pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations.

APPLICANT A landowner or other petitioner who files a plan for a Development Project subject to the provisions of this Section 4.12.

APPROVING AUTHORITY (AA) The Community Planning and Development Commission (CPDC) of the Town of Reading acting as the authority designated to review projects and issue approvals under this Section 4.12.

AA REGULATIONS The administrative rules and regulations adopted by the AA pursuant to Section 4.12.11.

AS-OF-RIGHT DEVELOPMENT A Development Project allowable under this Section 4.12 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Development Project that is subject to the Plan Review requirement of this Section 4.12 shall be considered an As-of-right Development.

CONSUMER SERVICES A barber shop, dry cleaning or laundry establishment, photographer's shop or studio or similar business where service is provided directly on the premises.

DESIGN STANDARDS The document entitled Downtown Smart Growth District Design Standards and Guidelines, dated October 2, 2009 and approved by the Massachusetts Department of Housing and Community Development on October 31, 2009, as amended, pursuant to Mass. Gen. Laws Ch. 40R � 10 and applicable regulations. Said Design Standards shall be applicable to all Development Projects within the DSGD that are subject to Plan Review by the Approving Authority.

DEVELOPMENT PROJECT OR PROJECT A residential or mixed use development undertaken under this Section 4.12. A Development Project shall be identified as such on the Plan which is submitted to the Approving Authority for Plan Review.

ELIGIBLE HOUSEHOLD An individual or household whose annual income is below eighty percent (80%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

FAMILY One (1) or more persons occupying a dwelling unit as a single house-keeping unit. Domestic employees may be housed on the premises without being counted as a family or families.

FLOOR AREA, GROSS The sum of the gross areas of all floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include the following:

1) Basement space having at least one-half the floor-to-ceiling height below grade, rated as non-habitable by applicable building code.

2) Accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard).

3) Attic space having a floor-to-ceiling height less than seven feet, rated as non-habitable by applicable building code.

4) Exterior balconies.

5) Uncovered steps, landings, and ramps.

6) Inner courts open to the sky.

INSTITUTIONAL USE A non-profit or quasi-public use or institution, such as a church, library, public or private school, municipally owned or operated building, structure or land, used for public purpose.

MIXED-USE DEVELOPMENT PROJECT A Development Project containing a residential Principal Use and one or more Non-Residential, Secondary Uses as specified in Section 4.12.5.1, provided that, in newly constructed buildings, separate and distinct building entrances are provided for residential and non-residential uses.

MONITORING AGENT An entity designated by the Reading Board of Selectmen, which may be the Reading Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this By-Law related to Affordable Units, including but not limited to computation of rental and sales prices; income eligibility of households applying for Affordable Units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an Affordable Housing Restriction for each Affordable Unit in the DSGD (See Section 4.12.10.6).

MULTI-FAMILY RESIDENTIAL A building containing four or more residential dwelling units designed for occupancy by the same number of families as the number of dwelling units.

NON-RESIDENTIAL USE Office, Retail, Restaurant, Service or Institutional Use, inclusive, or some combination of the same.

OFFICE A place for the regular performance of business transactions and services, generally intended for administrative, professional and clerical activities, including a medical or dental office or health clinic.

PLAN A plan depicting a proposed Development Project for all or a portion of the Downtown Smart Growth District and which is submitted to the Approving Authority for its review and approval in accordance with the provisions of this Section 4.12.

PLAN APPROVAL The Approving Authority's authorization for a proposed Development Project based on a finding of compliance with this Section 4.12 and Design Standards after the conduct of a Plan Review.

PLAN REVIEW The review procedure established by this Article and administered by the Community Planning and Development Commission of the Town of Reading as the Approving Authority.

RESTAURANT Any business establishment principally engaged in serving food, drink, or refreshments, whether prepared on or off the premises provided, however, that drive through windows are not allowed.

RESIDENTIAL USE A building or part of a building containing Dwelling Units as defined herein above and parking that is accessory to the Dwelling Units.

RETAIL USE Business establishments selling goods and/or services to customers on-site, generally for end use personal, business or household consumption. A reasonable amount of storage consistent with Massachusetts Building Codes of said goods shall also be assumed to be an incidental part of Retail Use.

SMART GROWTH DISTRICT An Overlay Zoning District adopted pursuant to Mass. Gen. Laws Ch. 40R, in accordance with the procedures for zoning adoption and amendment as set forth in Mass. Gen. Laws Ch. 40A and approved by the Department of Housing and Community Development pursuant to Mass. Gen. Laws Ch. 40R and applicable regulations.

UNDERLYING ZONING The zoning requirements adopted pursuant to Mass. Gen. Laws Ch. 40A that are otherwise applicable to the geographic area in which the DSGD is located, as said requirements may be amended from time to time.

UNDULY RESTRICTIVE A provision of a Smart Growth District or a Design Standard that adds unreasonable costs or unreasonably impairs the economic feasibility of proposed Development Projects in a Smart Growth District.

UNRESTRICTED UNIT A Dwelling Unit that is not restricted as to rent, price or eligibility of occupants.

USE, ACCESSORY A use subordinate to the Principal Use on the same lot or in the same structure and serving a purpose customarily incidental to the Principal Use, and which does not, in effect, constitute conversion of the Principal Use of the lot, site or structure to a use not otherwise permitted in the Smart Growth District.

USE, SECONDARY A use located on the same lot as a Principal Use but which is of equal or lesser scale, impact, and visibility than the Principal Use. A Secondary Use is not an Accessory Use, as it is largely independent from the Principal Use.

AWNING SIGN : A sign painted on or attached to the cloth, canvas or metal cover of a movable or stationary frame of the fixed, hinged, rolled or folding type of awning.

BANNER OR PENNANT : Any sign of lightweight fabric or similar material that is mounted or affixed at one or more edges.

BEACON : A stationary or revolving light, not primarily illuminating a sign, which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention, except any such fixture which is required by the Federal Aviation Administration or a similar agency, and is installed and operated under the safety regulations of such agency.

BULLETIN BOARD : Any sign erected by a charitable, educational, or religious institution or a public body on its property for purposes of announcing events which are held on the premises, and contains no commercial information.

COMMERCIAL MESSAGE : Any sign wording, logo or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity.

FACADE : The area of the face of a building, typically the principal or front wall of a building.

FREE-STANDING SIGN : Any and every sign erected on or permanently affixed to the land, including any and every sign that is not attached to a building.

HALO LIGHTING : Light showing from the back of or from within a letter or graphic shape out towards the surface that the letter or graphic is mounted on without having any light visible through the face of the letter or graphic.

INFORMATIONAL AND DIRECTIONAL SIGNAGE : A sign that has a purpose secondary to the use of the lot on which it is located, such as "no parking, private parking, enter, exit, one-way, street address or drive-thru teller."

IDENTIFICATION SIGN :

JOINT IDENTIFICATION SIGN : A sign which serves as common or collective identification for a group of persons or businesses operating on the same lot and which contains the names and logos of establishments but no advertising or promotional information.

AREA IDENTIFICATION SIGN : A sign, located at the site entrance(s), identifying a common area containing a group of structures, or a single structure containing several uses.

MARQUEE SIGN : Any sign attached to or made part of a marquee, that is, any permanent canopy or structure projecting beyond and extending along a building wall.

MONUMENT SIGN : A free-standing sign with a low height configuration permanently affixed to the ground at its base and not mounted on a pole.

OFF-PREMISES SIGN : Any sign which directs attention to a business, commodity, service, entertainment, attraction or other commercial activity which is sold, offered or existing elsewhere than upon the same lot on which such sign is located, including any outdoor advertising sign ("billboard") on which space is leased or rented for the purpose of conveying a commercial or non-commercial message.

PORTABLE SIGN : Any sign not permanently attached to the ground or any permanent structure or a sign designed to be transported in any way including:

- signs converted to "A" or "T" frames;

- menu and sandwich-board signs.

PROJECTING/BLADE SIGN : A sign which is affixed to a building or other structure where the sign face is approximately perpendicular to the building facade.

READER BOARD : A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign or signboard. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a reader board sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a reader board sign.

SIGN AREA : The area contained entirely within the signboard (the flat surface of durable material upon which letters or other graphic content of a sign is displayed) or if no sign board is present, the area contained entirely within the smallest rectangle which completely encloses the outer extremities of all graphic material of a sign.

SIGN HEIGHT : The distance from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure. Normal grade shall be construed to be the lower of:

(1) Existing grade prior to construction, or

(2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the normal grade is the elevation of the nearest point of the crown of the public street along which the lot has frontage or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

TEMPORARY SIGN : Any sign which is used temporarily, relates to events of a temporary nature, or is not permanently mounted.

APPROVAL, ACCEPTANCE, CERTIFICATION, OR ENDORSEMENT : No plan shall be approved, accepted, certified, or endorsed except by an affirmative vote on the part of at least a majority of the full membership of CPDC acting on a positive motion to approve, accept, or endorse such plan; any other vote or any affirmative vote by a lesser number of members shall constitute denial or disapproval of a plan.

BIKEWAY : A way designed to be used primarily or exclusively by a bicycle or similar nonmotorized vehicle.

CUL-DE-SAC : A single continuous stretch of road open at one end and closed at the other by a paved circle or "bulb".

CURB INLET : An inlet grate with an opening or openings in a vertical plane.

DEAD END STREET : A single continuous stretch of road open at one end and closed at the other which is not a cul-de-sac.

DEVELOPABLE LAND : A parcel which, according to the Reading Zoning By-Laws, may be subdivided or further subdivided into lots; for purposes of these Regulations, developable land shall be considered as including any parcel or lot or combination of parcels which is of a size equal to or greater than twice the minimum lot size allowed by the Zoning By-Laws or as otherwise previously authorized by the Zoning Board of Appeals.

DEVELOPER OR SUBDIVIDER : The applicant as defined in MGL Chapter 41, Section 81L.

DRAIN : A channel or pipe that carries storm drainage water.

EASEMENT : A right in land acquired by public authority or other party to use or control property for access, utilities, drainage, or some other purpose.

ELEVATION REFERENCE : The datum plane for measuring height elevations shall be the Reading Sewer Base elevation as determined by the Engineering Division of the Department of Public Works.

LOT : An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings.

MGL : Massachusetts General Laws

OWNER : The person(s), partnership, association, group, corporation, or other legal entity holding fee simple title to a parcel of land as shown on record of the Middlesex South Registry of Deeds, Registry of Probate, or Land Court.

PARCEL : A delimited area of land with definite boundaries whether or not intended or allowed to be built upon.

PUBLIC WAY : Any street which has been accepted as a public way pursuant to MGL Chapter 82, or any way established by court decree to be a public way by dedication, prescription, or other legal means.

RIGHT-OF-WAY : The entire parcel of land intended or designed to provide access and rights of passage extending from the boundary of one parcel to the boundary of another parcel.

ROADWAY : A way within a right-of-way intended or designed primarily for the passage of vehicles.

SANITARY SEWER : A sewer that carries wastewater.

SIDEWALK : A paved surface within a right-of-way designed or intended primarily for pedestrian use.

SIGHT DISTANCE : The length of roadway in any direction visible to the driver of a vehicle.

STORM DRAINAGE : A drainage system that carries storm water, surface water, and the discharge from subsurface drains but does not carry wastewater.

STORMWATER RUNOFF : The portion of precipitation which flows over the ground surface during and for a short time after a storm.

STREET ALIGNMENT : The sequence of straight lines and curves which define the location, direction, and layout of a street.

STREET, ARTERIAL : A street of regional significance which carries high volumes of traffic between and through towns; such streets may also provide direct access to abutting parcels.

STREET, COLLECTOR : A street used primarily to connect local streets with arterial streets; such streets may also provide direct access to abutting parcels.

STREET, LOCAL : A street which primarily serves to provide direct access to abutting parcels.

SUBDIVISION : The division of a tract of land into two or more lots, including resubdivision, and, when appropriate to the context, the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage, which fully conforms with the provisions of the Reading Zoning By-Laws, on:

a. a public way or a way which the Town Clerk certifies is maintained and used as a public way, or

b. a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or

c. a way in existence when the Subdivision Control Law became effective in the Town of Reading, having, in the opinion of CPDC, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

SUBDIVISION CONTROL LAW : MGL Chapter 41, Sections 81K through 81GG inclusive as it may be amended from time to time.

TRIBUTARY AREA : When the surface runoff in an area contributes to the flow at a particular location, the area is said to be a tributary area.

UTILITIES : Private and municipal services, which include sanitary sewer, stormwater drainage, water supply, fire alarm, natural gas, electric, telephone, and cable television, and all appurtenances.

VERTICAL CURVE : The portion of a roadway line along which a change in alignment occurs in the vertical plane.

ORDER OF CONDITIONS is a document issue by the Conservation Commission, after receipt and review of a Notice of Intent or an Abbreviated Notice of Intent, that permits, regulates, requires, and/or prohibits activities under the Commission's jurisdiction. An order of Conditions shall be valid for a period of three years from the date of issuance.

CERTIFICATE OF COMPLIANCE shall mean a written determination made by the Conservation Commission verifying that work has been completed in accordance with an Order of Conditions.

ABUTTER: any property owner whose property touches the subject property. Also, any abutter to said abutters, within three hundred (300) feet of the subject property, and all other parties of legal interest. Also any property owner across a street or road, river, stream, brook, or creek from the subject property.

ACTIVITY: any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection, reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics; the intercepting or diverting of ground or surface water; the installation of any utility conduit or system, including but not limited to drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical, chemical, thennal, or biological characteristics of land or water.

AGRICULTURE: (see 310 CMR 10.04 - the Wetlands Protection Act Regulations definition)

ALTER: to impact any resource area by any activity as defined above.

APPLICANT: any person who files a Request for a Determination of Applicability, Notice of Intent, Abbreviated Notice of Intent, or on whose behalf these forms are filed.

BANK: land adjoining any body of water that serves to confine said water, or where groundwater discharges to the surface or surface water recharges the groundwater.

BOG: a wetland formed where surface drainage is congested. Low oxygen levels and soil temperatures cause incomplete decomposition, resulting in the build-up of fibrous peat. Bog plant species shall include but not be limited to those listed for bogs in Massachusetts General Laws Chapter 131, Section 40.

BORDERING VEGETATED WETLAND: A wetland that touches any: creek, river, stream, whether permanent or intermittent; ditch; pond; or lake; or the bank of any of the preceding wetland resource areas.

BREEDING AREAS: areas used by wildlife for courtship, mating, nesting, or other reproductive activity, and the rearing and development of young.

BUFFER ZONE: land extending one hundred feet horizontally outward from the boundary of any resource area subject to protection under these Regulations except for land subject to flooding or riverfront area.

CERTIFICATE OF COMPLIANCE: a document voted on and issued by the Conservation Commission that certifies that work or a portion thereof has been completed in accordance with an Order of Conditions.

CONSERVATION COMMISSION: that body of citizens appointed pursuant to M.G.L. Ch. 40, Sec. 8C.

CREEK: any small stream or any intermittent tributary to any brook, river, or stream.

DATE OF ISSUANCE: the date a document is mailed, as evidenced by a postmark, or the date it is hand delivered.

DATE OF RECEIPT: the date of delivery to an office, or usual place of business by mail or hand delivery.

DETERMINATION OF APPLICABILITY :

1. A written finding by the Conservation Commission, after a public meeting, as to whether proposed WORK shall require the filing of a Notice of Intent.

2. A written finding by the Conservation Commission, after a public meeting, whether the AREA on which proposed work is to be done is significant to the interests described in the Bylaw and Regulations.

DITCH: A man-made trench or furrow dug in the ground that has not altered any creek, river, stream, pond, or lake, or the bank of any of the preceding resource areas, or fresh water wetland. It shall NOT include any natural, pre-existing water-carrying channel (e.g., stream, river, brook, including temporary or intermittent streams), or any bank or freshwater wetland that has been altered.

DREDGE: to deepen, widen, or excavate, either temporarily or permanently, within the Zone of Saturation.

EROSION CONTROL: the prevention or reduction of the detachment or movement of soil or rock particles by water, wind, ice, and/or gravity.

FILL :

1. To deposit or to place any material to raise the elevation temporarily or permanently.

2. Anything that fills or is used to fill--especially earth, gravel, or other material used for filling a hole, depression or low area.

FISHERIES: hatcheries and feeding grounds for all species of fresh water fish and shellfish.

FLOOD CONTROL: the prevention or reduction of flooding.

FLOODING: a temporary inundation of water or a rise in the surface of a body of water (or groundwater) such that it covers land not usually under water.

FLOODPLAIN (See also Land Subject to Flooding and Lower Floodplain): an area which floods from a waterway or waterbody, during any event up to and including the 100 year storm event.

GROUNDWATER: water below the earth's surface in the Zone of Saturation, including land under waterbodies.

HYDRIC SOIL : a soil that is saturated; flooded, or ponded long enough during the growing season to develop anaerobic (oxygen-lacking) conditions in the upper part of the soil.

HYDROPHYTIC VEGETATION: plant life growing in water and/or saturated soil that is at least periodically deficient in oxygen. Hydrophytic plant species include but are not limited to those listed in Massachusetts General Laws Chapter 131, Section 40.

INTERMITTENT: (as applied to a body of water) does not flow throughout the year, including that portion upgradient or downgradient of any wetlands, waterbodies, or resource areas.

ISSUING AUTHORITY: the Conservation Commission.

LAND SUBJECT TO FLOODING (See also Floodplain and Lower Floodplain):

1. Bordering Land Subject to Flooding: an area which floods due to a rise in water level on a waterway or water body during any event up to and including the 100-year storm event; also: Floodplain.

2. Isolated Land Subject to Flooding: an isolated depression or a closed basin which serves as a ponding area for run-off or high ground water which has risen above the ground surface.

LOT: an area of land, with defined boundaries, in one ownership.

LOWER FLOODPLAIN: the area within the statistical 10-year flood or within 100 feet of the bank or bordering vegetated wetland, whichever is farther from the waterbody or waterway.

MAJORITY: more than half of the duly-appointed members of the Conservation Commission.

MARSH: an area where ground water is at or near the surface of the ground for a significant part of the growing season or where run-off water from surface drainage frequently collects above the soil surface, and where a significant part of the plant community is made of "hydrophytes" including grasses, sedges, rushes and other emergents. Marsh plant species shall include but not be limited to those listed for marshes in Massachusetts General Laws Chapter 131, Section 40.

MEADOW (WET): see WET MEADOW

MIGRATORY AREAS: those areas used by wildlife moving from one habitat to another.

NOTICE OF INTENT: the written notice by any person intending to remove, fill, dredge or alter, or in any way change the physical, chemical, thermal or biological properties of any area subject to the Bylaw.

ORDER OF CONDITIONS: the document prepared by the Conservation Commission that regulates or prohibits an activity subject to the Bylaw.

PERSON: any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth whenever subject to this bylaw, or any political subdivision of the Commonwealth whenever subject to this bylaw, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents, or assigns.

PERSON AGGRIEVED: a person who, because of an act or failure to act by the issuing authority, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public and which is within the scope of the interests defined by the Bylaw. Said person must specify in writing sufficient facts as to how they may be affected by said act or failure to act.

PLANS: such data, maps, drawings, calculations, specifications, schedules and other materials deemed necessary by the Commission to describe the site and/or the work, to determine the applicability of the Bylaw, or to determine the impact of the proposed work upon the interests of the Bylaw.

POND: any permanent or intermittent open body of fresh water, either naturally occurring or man-made by impoundment, excavation, or otherwise. Basins or lagoons which are part of wastewater treatment plants shall not be considered ponds, nor shall swimming pools or other impervious man-made retention basins.

PREVENTION OF POLLUTION: the prevention or reduction of contamination, or the degradation of an area, or change in the physical, chemical, thermal or biological characteristics of land, surface water, or groundwater.

PROTECTION OF FISHERIES: protection of the capacity of an area subject to protection under the Bylaw to prevent or reduce contamination or damage to fish, and to serve as their habitat and nutrient source. (Fish includes all species of finfish and shellfish)

QUORUM: a majority of the duly-appointed members of the Conservation Commission.

RARE SPECIES :

1. Those vertebrate and invertebrate animal species officially listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 8.

2. Those plant species listed as rare, threatened, or endangered by the Massachusetts Natural Heritage Program.

REMOVE: to take away by act or process, including removal of vegetation; or to move any type of materials which would change the elevation, either temporarily or permanently.

RESOURCE AREA: an area subject-to protection under the Bylaw.

RIVER: a natural course of water that has a continuous or intermittent flow and empties to any wetland, lake, pond or other river.

RIVERFRONT AREA: Shall be as defined in 310 CMR 10.00, as amended.

SHELTER: protection from the elements or predators.

SIGNIFICANT: plays a role in the provision or protection of an interest identified in this bylaw.

STATE LISTED SPECIES: see: Rare Species.

STORM DAMAGE PREVENTION: the prevention of damage caused by water from storms, including but not limited to: erosion and sedimentation; damage to vegetation, property, or buildings; or damage caused by flooding, water-borne debris, or water-borne ice.

STREAM: a body of flowing water including brooks and creeks, whether permanent or intermittent, moving along a hydraulic gradient.

SWAMP: an area where groundwater is at or near the surface of the ground for a significant part of the growing season or where run-off water from surface drainage frequently collects above the soil surface, and where at least 50% of the plant community is made up of hydrophytes including predominantly shrubs and trees. Swamp plant species shall include but not be limited to those listed for swamps in Massachusetts General Laws Chapter 131, Section 40.

VARIANCE: an authorization from the Commission to an applicant for a deviation from the terms of the Bylaw and/or these Rules and Regulations as described in the General Provisions section of these Rules and Regulations.

VERNAL POOL HABITAT: A confined basin depression that holds water for a minimum of eight continuous weeks during the spring and/or summer and that is free of adult fish populations. Vernal pool habitat includes both the maximum annual high water elevation in a non-drought year in the vernal pool and any land within one hundred feet of the maximum annual high water elevation, as further defined in Section 3.13 of these Regulations.

WATER SUPPLY: any source of water available, or potentially available, for public or private use.

WETLANDS: lands where the water table is usually at or near the surface, or the land is covered by shallow water. This shall include swamps, wet meadows, bogs and marshes, creeks, streams, ponds, rivers, and lakes and bordering vegetated wetlands. Wetlands must have one or more of the following three attributes:

1. At least periodically, the land supports predominantly hydrophytic vegetation;

2. The substrate is predominantly undrained hydric soil; and

3. The substrate is saturated with water or covered by shallow water at some time during the growing season of each year.

WET MEADOW: an area where ground water is at the surface for a significant part of the growing season and near the surface throughout the year, and where fifty percent or more of the plant community is composed of hydrophytic vegetation. Wet meadow plant species shall include but not be limited to those listed for wet meadows in Massachusetts General Laws Chapter 131, section 40.

WILDLIFE: all mammals, birds, reptiles and amphibians and animal species, except domesticated species.

WILDLIFE HABITAT: those areas subject to these Regulations which, due to their plant community composition and structure, hydrologic regime, or other characteristics, provide important food, shelter, migratory, travel or overwintering areas, or breeding areas for wildlife.

WORK: activity.

ZONE OF SATURATION: the subsurface zone in which all the pores between the soil particles are filled with water.