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new Special Permit under this Section.Pursuant to other phases. The Code shall regulate, at a to the provisions of the General Laws, the minimum,the following elements: Planning Board may also determine that the 1. Dimensional requirements for lots; Special Permit may remain in effect past the statutory expiration date if it determines,after a 2. Setbacks; properly advertised and noticed public hearing, 3. Building heights; that the required substantial use or construction 4. Architectural design standards; has not begun by said date for good cause and 5. Site design and landscaping standards; determines that there is a reasonable justification for the extension,that the developer is acting in 6. Street types and applicable standards, good faith regarding the provisions of the MPD including pedestrian and bicycle facilities. Special Permit and that there will be no adverse N. Signage.In lieu of the provisions of Article X, impact on the public health, safety and welfare the Planning Board is authorized to approve a or on the town's environment and natural sign code for the MPD, to be incorporated into resources. the Special Permit,which is consistent with the L. Development within phases.After the approval intent and purposes of this Section. of the MPD or any phase plan by the Planning o. Parking.Parking shall generally conform to the Board, development may proceed within said provisions of Article VIII. However, the MPD or phase in conformance with the approved Planning Board is hereby authorized, as part of plan and the Form-based Design Code its Special Permit decision,to waive or adjust the referenced below,without further public hearings parking requirements of Article VIII where the by the Board (except in the case that the applicant has demonstrated to the satisfaction of applicant requests a modification of the text of the Board, by means of data and studies from the Special Permit or phase approval decision). similar projects done by qualified persons for Such development shall,however,be subject to similar developments, on parking requirements approval by the Board at a regular meeting,after and use for similar facilities on Cape Cod or on review and recommendations by the Plan other appropriate information, that proposed Review Committee,to ensure conformance with parking will be adequate,with regard to number the master plan, the provisions of this Section of spaces and their design, for the proposed and the approved Special Permit,as well as other nearby uses and will further the purposes and public safety,health,building code,handicapped intent of the approved Form-based Design Code. accessibility and similar Town or state codes or Form- regulations. In addition, all roadway, parking, p• Revisions to Code. Any revisions to a Form- drainage and utility designs and construction based Design Code approved under the MPD shall be subject to the normal review and Special Permit shall require approval by the inspection procedures and fees specified in the Planning Board. The Board shall determine,by Planning Board's Special Permit Regulations the vote of four of five members,whether such (and Rules and Regulations for the Subdivision revisions shall be considered a Special Permit of Land, as applicable), said review and Modification subject to approval after an inspections to be conducted by the Planning advertised and noticed public hearing,or may be Board Consulting Engineer or another party approved by the Board at a regular posted designated by the Board. meeting, based on the scale and nature of the proposed revisions and the potential for impact M. Form-based Design Code. Any Mixed-use on properties abutting the MPD boundaries,"or Planned Development may be made subject to a take any other action relating thereto. Form-based Design Code, which shall be incorporated as a condition and attachment to the Submitted by Petition Special Permit approved for the MPD.Where the Explanation: This article would amend the Zoning MPD is proposed to be permitted in phases,such By-law to provide a simplified method for permitting a Code may be incorporated into the Special the development of Mixed-use Planned Development, Permit Modification approved for each phase containing a mix of residential,commercial and other which may differ from the Code which applies 79