A.
Minimum parking requirements. There shall be provided
at the time of erection or enlargement, change of use or conversion
of any building intended for a use other than a residential use and
permitted in the Business District, Medical-Professional District
and the Manufacturing District, permanent off-street parking and loading
spaces with adequate ingress and egress for motor vehicles, either
on the same lot or on an adjoining lot under the same ownership or
control, with at least 1 parking space of 300 square feet for every
100 square feet of gross floor area intended for such use, excluding
inactive storage rooms, closets, stairwells, fireplaces, chimneys,
hallways and utilities, and, in addition, there shall be provided
2 such parking spaces for each one-family dwelling in such building.
[Amended ATM 5-14-1979 by Art. 14]
B.
Buffer strip. A buffer strip at least 10 feet wide
shall be provided between the parking spaces and any public or traveled
way in order to prevent backing of motor vehicles into such way and
to regulate the access by motor vehicles to and from such way.
C.
Screening of parking areas. Approved trees or other
plantings shall be provided to screen all parking areas from the street
and adjacent lots.
D.
Recreational parking in Residential Zoning District.
[Added ATM 5-3-1999 by Art. 19; amended 5-3-2010 ATM by Art.
12]
(1)
In addition to the ancillary parking currently permitted,
parking for recreational use is permitted on a parcel or lot in any
residential zone, subject to the following:
(b)
The parcel or lot does not have a dwelling on it and is subject to
a recorded legal restriction precluding residential development;
(c)
A parking plan is approved by special permit by the Planning Board
at an advertised public hearing at which the Board determines that
the parking is not inconsistent with public safety needs and that
the parking area will not be covered by asphalt or other impermeable
surface.
(2)
For purposes of this Subsection D, "adequate dimensions" means a parcel or lot at least 30 acres in dimension, in which case 2 parking spaces are allowed. If a parcel or lot is at least 70 acres, 4 parking spaces are allowed. If the parcel or lot exceeds 100 acres, 5 parking spaces shall be allowed for each full 100 acres.
[Amended ATM 5-14-1979 by Art. 14; ATM 5-7-2007 by Art. 11; ATM 5-1-2017 by Art. 16]
A.
General requirements. The following shall apply to all signs:
(1)
No sign shall be located within a Town street right-of-way, without
the express written permission of the Board of Selectmen.
(2)
Any sign not expressly permitted or exempted under this bylaw is
prohibited.
(3)
Every sign advertising, announcing or relating to event(s) scheduled
for a particular date or set of dates, including signs related to
an election, shall be removed within seven days following the last
date on which such event occurs.
(4)
No sign shall use flashing or intermittent lights, or moving or animated
parts, or internal illumination.
(5)
No sign shall use day-glo or luminescent colors.
(6)
Externally illuminated signs may be lit with white light only. The
lighting shall be shielded and focused not to extend beyond the sign
border.
(7)
No sign shall be located so as to obstruct a view between intersecting
streets within 50 feet of a corner, to obstruct a view of oncoming
traffic from a driveway or otherwise to present a safety hazard in
the opinion of the Town Engineer.
(8)
No freestanding sign shall be located closer to a side property line than the required setback distance for that district, as provided for in § 185-19.
(9)
The area of a sign shall be the area of the outermost rectangular
perimeter that circumscribes all words, background, symbols, and designs,
including all attachments, except for supporting structures at the
base thereof.
(10)
Noncommercial signs, such as warning or instructional signs, and signs expressing personal, political, or religious messages, are permitted on non-Town-owned property subject to reasonable regulations with respect to size, number and location, as adopted by the Planning Board under Subsection E herein.
B.
Residential districts. Only the following commercial signs shall
be allowed in residential zoning districts:
(1)
Temporary signs associated with a specific event such as property
for sale or work in progress, provided no such sign exceeds nine square
feet in area. Any such sign shall be permitted only for the duration
of the event and shall be removed within seven days of the end of
the event unless the property owner obtains a permit from the Planning
Board for a longer period.
(2)
Permanent signs such as those pertaining to a customary home occupation
on a lot occupied by a dwelling, provided there is only one such sign
on the lot. Such sign shall not exceed four square feet in area.
C.
Business District, Medical-Professional District and Manufacturing
District.
(1)
Only the following signs shall be allowed in business, medical-professional
and manufacturing zoning districts, provided such signs are approved
by the Planning Board as to size, type and location, subject to a
sign permit application:
(a)
Both temporary and permanent signs identifying the establishment
or advertising goods or services available on a lot. Any such sign
shall not exceed 15 square feet in area.
(b)
Signs painted on or placed for display on the inside of the
glass of a window or door. Any such signs shall not exceed 20% of
the glass surface of a window or 10% of the glass surface of a door.
(c)
Freestanding signs such as those ground mounted on a single
or double post, provided the placement of such signs does not interfere
with sight distance for pedestrians or vehicles. Any such sign shall
not exceed five feet in height, measured from the ground to the top
of the sign, or 15 square feet in area.
(2)
All signs shall be professional in quality and shall not detract
from the overall character of Dover. Signs shall be constructed to
provide pertinent information but shall not become visually dominant
elements of their surroundings. Materials, designs and colors shall
be chosen to be harmonious with surrounding vistas and architecture.
(3)
No sign shall be placed on the roof of a building or may extend beyond
the height of the building.
D.
Exempt signs. The following signs shall be exempt from this bylaw:
(1)
Signs installed pursuant to any federal or state law or regulation
or court order.
(2)
Signs located on land used for religious purposes or for educational
purposes on land owned or leased by the Commonwealth of Massachusetts
or any of its agencies, subdivisions or bodies politic or by a religious
sect or denomination, or by a nonprofit educational corporation.
(3)
Signs on Town-owned property, which may be subject to permission,
prohibition or reasonable regulation by the Board of Selectmen, School
Committee, Parks and Recreation Commission, Conservation Commission
or other board, committee or commission in whose custody such property
is held.
(4)
Any nonconforming sign lawfully erected prior to the effective date
of this section, which may continue to be maintained but preferably
would be brought into compliance with this bylaw and, in any event,
shall not be reconstructed, extended or structurally altered by an
existing or new business unless it is permitted pursuant to MGL c.
40A, § 6.
(5)
Any sign for traffic control or other informational purpose that
is approved as part of a site plan by the Planning Board.
(6)
Any sign for traffic control authorized by the Board of Selectmen
within a street right-of-way or on Town property.
E.
Administration. In order to implement this bylaw, the Planning Board
may adopt rules and regulations governing the process and review of
applications for sign permits hereunder, including a schedule of fees.
F.
Severability. If any section or paragraph of this bylaw, or any rule
or regulation promulgated hereunder, be for any reason declared invalid
or unconstitutional by any court, every other section, paragraph,
rule or regulation shall continue in full force and effect.
[Added ATM 5-2-2016 by Art. 16[1]]
A.
Purposes. The site plan review process regulates allowed uses set forth in Article III, Use Regulations, which require site plan approval. Site plan review is not a means to prohibit such allowed uses, but rather to regulate them by considering the design aspects of a site as defined in this section. Site plan review is also intended to promote harmony in architectural treatment and avoidance of incongruous or inappropriate character or architectural appearance and arrangement of buildings. Its purpose is to ensure the most advantageous use of all properties within the applicable districts, to promote public safety, to minimize impacts on the surrounding area, and to reasonably protect the legitimate interests of adjoining property owners, the community, and the Town.
B.
Applicability.
(1)
Site plan review is required for the uses specified in Article III, Use Regulations, requiring site plan approval. It includes any expansion of use, extension of use, change of use, or substantial change, as defined in Subsection C below, in the Business District, Medical-Professional District, and Manufacturing District. This section operates in concert with § 185-40 for site plan review in the Official or Open Space District; and with § 185-46 for site plan review of personal wireless communications facilities.
(2)
In all instances specified in Article III, Use Regulations, requiring site plan approval: no building permit to establish a new building or to alter an existing building shall be issued by the Building Inspector; no expansion, extension, or change of use of an existing building or lot shall be permitted; and no area for parking, loading or vehicular access shall be established, expanded or altered until a site plan has been reviewed and approved or approved with conditions in accordance with the requirements of this section.
(3)
In cases where a Special Permit is also required for a use requiring
site plan approval, site plan review shall be conducted as part of
the Special Permit process and any conditions required for site plan
approval shall be included in the Special Permit decision. In cases
where the special permit granting authority is the Zoning Board of
Appeals, the Planning Board shall conduct a site plan review and make
a written recommendation regarding approval or approval with conditions
to the Zoning Board of Appeals.
(4)
Where site plan review is a component of the review process for Official
or Open Space, the Planning Board shall conduct a site plan review
and shall make a written recommendation regarding approval or approval
with conditions to the Board of Selectmen.
(5)
To ensure clarity in interpretation, a property owner or applicant shall confer with the Planning Board prior to instituting any substantial change as defined in Subsection C(4) below in order to determine whether a new or modified site plan is required, regardless of whether there is an existing approved site plan for the property.
C.
Interpretation.
(1)
"Expansion of use" means an increase in the physical area in which
a use takes place resulting in a substantial change, including both
interior building space and exterior area.
(2)
"Extension of use" means a difference in the quality or degree of
a use that may have different effects on the neighborhood due to aspects
including but not limited to: parking; pedestrian, bicycle, and vehicular
traffic; lighting; signage; landscape and screening; noise; surface
and subsurface drainage; the location of utilities; and the adequacy
and location of methods to handle wastewater and waste removal.
(3)
"Change of use" means a change to part or all of an existing building or lot from one use category to another, as specified in Article III, Use Regulations. However, rearranging uses in a multi-use building shall not be construed as a change of use for site plan review purposes, unless the change results in an extension of use or an increase in the required number of parking or loading spaces as determined by the Building Inspector based on the requirements of § 185-34, Off-street parking.
(4)
"Substantial change" means proposed additions of more than 250 square
feet or 10% of the existing gross floor area of a building, whichever
is less, within a five-year period; additional structures; changes
in the layout or location of parking or loading spaces, an increase
in pavement area of more than 250 square feet, or any relocation or
change in a driveway; or external alterations to an aspect of a site
constituting an extension of use.
(a)
Normal repair and maintenance that does not substantially alter
the appearance of a building or lot as seen from a public way does
not constitute a substantial change under this section.
(b)
The Planning Board may treat individual changes that would aggregate
into a substantial change as separate changes thereby not triggering
site plan review, provided that each such change has no substantial
effect on the neighborhood.
(c)
Resurfacing a pavement area shall not constitute a substantial
change unless it involves a change of surface material.
D.
Application process.
(1)
Property owners are encouraged to confer with the Planning Board
to determine whether or not a proposed change requires any form of
site plan review. Anyone seeking review of a site plan shall obtain
an application from the Planning Board office and shall file with
the Town Clerk a completed application form and all supporting materials
required by this section.
(2)
All applicants for proposed changes requiring site plan review shall
submit a preliminary site plan. A preliminary site plan may be sufficient
for site plan review of a minor nature.
(3)
Preliminary site plan review. Before filing a formal site plan review
application:
(a)
An applicant shall submit drawings accurately depicting existing structures and any proposed additions, additional structures, or external alterations to an aspect of the site as defined in Subsection C(2) above.
(c)
The Planning Board shall review a preliminary site plan application
and supporting materials to determine whether the application is complete
and shall review the substance of an application at its first scheduled
meeting after notifying an applicant in writing that the application
is deemed complete.
(d)
The Planning Board may then:
[1]
Approve the preliminary site plan as submitted or approve it
with conditions, in which case the preliminary site plan shall constitute
the final, approved site plan of record;
[2]
Request additional information to better illustrate the nature
of the proposed change in order to qualify for approval with or without
conditions; or
[3]
Determine that the proposed change requires a full site plan
application.
(e)
The Planning Board shall act on a preliminary site plan application
within 30 days following the meeting at which the application is deemed
complete. Failure of the Planning Board to act on a preliminary plan
within 30 days shall be considered unconditional approval.
(4)
Full site plan review.
(a)
Applications the Planning Board has determined require full
site plan review shall include:
[1]
A site plan prepared by a registered architect, professional engineer, or registered landscape architect. The plan shall be prepared at a scale of one inch equals 20 feet (or other such scale as may be approved by the Planning Board) and shall clearly and adequately present the boundaries of the subject parcel; existing and proposed aspects of the site as defined in Subsection C(2) above; and the potential impacts on the natural landscape and abutting properties;
[2]
Plans prepared by a registered architect showing the elevation
of all buildings and one or more perspective colored renderings indicating
the materials and colors to be used and the relationship of proposed
buildings with adjacent buildings, and/or a model of the same;
[3]
A narrative statement including but not limited to: the purpose
of the proposed change; the expected volume of pedestrian, bicycle,
or vehicular traffic; the relationship to existing buildings, historic
and architectural heritage and other community assets in the area,
and the natural landscape; the impact on natural resources, including
groundwater and open space; and the impact on Town resources, including
protective agencies, streets, and public spaces; and
(b)
The Planning Board also may require studies of traffic, drainage,
lighting or other impacts prepared by an appropriately licensed or
otherwise qualified professional.
(c)
The Planning Board shall review a full site plan application
and supporting materials to determine whether the application is complete,
shall notify the applicant in writing that the application is deemed
complete, and shall then review the substance of the application in
accordance with the notification requirements and time limits specified
for a Special Permit application in MGL Chapter 40A, Section 9.
E.
Review criteria.
(1)
In evaluating a site plan application, the Planning Board shall consider
criteria including but not limited to:
(a)
Compliance with the requirements for lot size, frontage, lot
coverage of buildings, height, parking and loading spaces, yards,
and all other provisions of this chapter;
(b)
The location of driveway openings in relation to street traffic,
and the convenience and safety of pedestrian, bicycle, and vehicular
traffic to, from, and on the site;
(c)
The adequacy of arrangement and number of parking and loading
spaces in relation to the proposed use of the premises;
(d)
The arrangement and appearance of proposed new buildings, structures, colors and materials, or changes to the aspects of a site as defined in Subsection C(2) above;
(e)
Provisions to protect surrounding premises against detrimental
impacts;
(f)
The relationship of structures, design aspects, and open spaces
to the natural landscape, existing buildings, historic and architectural
heritage, and other community assets;
(g)
Potential impacts on natural resources, including groundwater
and open space;
(h)
Potential impacts on Town resources, including protective agencies,
streets, and public spaces;
(i)
Harmony in architectural treatment and avoidance of incongruous
or inappropriate character or architectural appearance and arrangement
of buildings; and
(j)
Compliance with all other requirements of this chapter.
(2)
The Planning Board shall provide the Board of Selectmen, the Superintendent
of Streets, and the Building Inspector with copies of all full site
plan applications for their review, comment, and recommendation. The
Planning Board shall consider any such written comments and recommendations
it receives within 30 days of providing an application.
F.
Site plan compliance.
(1)
In all circumstances in which site plan review is required by this
section, the Building Inspector shall not issue a certificate of occupancy
until the Planning Board has certified that an as-built plan submitted
by the applicant documents that the site has been developed in compliance
with an approved site plan. If completion is delayed by seasonal considerations,
the Building Inspector, in consultation with the Planning Board, may
issue a temporary occupancy permit and may require sufficient security
to ensure full compliance within six months.
(2)
For the purposes of Subsection F(1) above, sufficient security shall be one or more of the following instruments delivered to the Town Treasurer in an amount the Building Inspector determines will cover the cost of all uncompleted work within six months:
(a)
A properly issued surety company bond or negotiable surety;
(b)
A passbook account held in the joint names of the applicant
and the Town; or
(c)
A binding agreement between the applicant and a lender providing
for the lender's retention of sufficient funds and a schedule of disbursements
upon milestones to completion.
[1]
Editor's Note: This article also repealed former § 185-36,
Site plan approval in Business District, Medical-Professional District
and Manufacturing District, as amended.
[1]
Editor's Note: Former § 185-37, Harmony in Business
District, Medical-Professional District and Manufacturing District,
as amended, was repealed ATM 5-2-2016 by Art. 16.
[Amended ATM 5-8-1990 by Art. 22]
A.
Permitted. Stripping, excavation or removal of soil,
loam, sand or gravel from a property not in public use is permitted
in the following cases:
B.
Permitted on approval by the Board of Appeals. All stripping, excavation or removal of soil, loam, sand or gravel from a property not in public use, except as provided in Subsection A, is prohibited unless prior approval has been obtained from the Board of Appeals. The Board may include in its approval such reasonable conditions as it may deem necessary for the protection of the neighborhood, including conditions as to the distance from highways where removal operations shall be allowed, the method of removal, the reestablishment of ground levels and grades, the restoration of suitable surface loam and the planting of the area to suitable cover.
A.
Purpose. The Conservancy District is intended for
the preservation and maintenance of the groundwater table upon which
the inhabitants depend for water supply; to protect the public health
and safety, persons and property against the hazards of floodwater
inundation; for the protection of the community against the costs
which may be incurred when unsuitable development occurs in swamps,
along watercourses or in areas subject to floods; to preserve and
increase the amenities of the Town; and to conserve natural conditions,
wild life and open spaces for the education, recreation and general
welfare of the public.
B.
Regulations. A Conservancy District shall be considered
superimposed over any other district established by this chapter.
(1)
Prohibited uses.
(a)
No building or structure shall be erected, constructed,
altered, enlarged or moved.
(b)
No landfill or dumping is allowed in any part
of the district.
(c)
No drainage is allowed other than flood control
works by an authorized public agency.
(d)
No damming or relocating of any watercourse
is allowed except as part of an overall drainage basin plan.
(e)
No permanent storage of materials or equipment
is allowed.
(2)
Permitted uses.
(a)
Conservation of water, plants and wildlife.
(b)
Recreation, including play areas, nature study,
boating, fishing and hunting where otherwise legally permitted.
(c)
Grazing and farming, including truck gardening
and harvesting of crops.
(d)
Forestry.
(e)
Underground telephone, telegraph, power and
gas transmission.
(3)
Uses permitted on approval by the Board of Appeals.
(a)
Nonresidential uses such as barns, stables or
kennels for shelter, breeding, boarding, hiring or sale of animals;
storage of crops raised on the premises; boathouses, duck-walks and
landings, including renting of boats or canoes and recreation equipment;
sale of bait; temporary refreshment stands or stands for sale of produce
raised on the premises, provided that any such building or structure
permitted by the Board of Appeals shall be designed, placed and constructed
to offer a minimum obstruction to the flow of water and shall be firmly
anchored to prevent floating away and thus threatening other buildings
and blocking of openings in restricted sections of the watercourse
below.
(b)
Amusement enterprises, such as golf range, pony
rides, race track, circus and carnivals, not including any permanent
structures and subject to other Town bylaws and regulations.
(c)
Dams, changes in watercourses or drainage works,
but only as part of an overall drainage basin plan constructed or
authorized by a public agency.
(d)
Temporary storage of materials or equipment.
(e)
Driveway or road, provided that the Board of
Appeals is satisfied that there will be adequate drainage and that
such driveway or road will not interfere adversely with the natural
flow of water in the area.
(f)
Residential use: if any land shown on the Zoning
Map as being in the Conservancy District is proved to the satisfaction
of the Board of Appeals, after reference of the proof to and report
by the Planning Board and Board of Health, as being in fact not subject
to flooding or not unsuitable because of drainage conditions for residential
use, and if it is proved that the use of such land for residence will
not interfere with the general purpose for which the Conservancy District
has been established and will not be detrimental to the public health,
safety or welfare, the Board of Appeals may permit the use of the
land for single-family residence under all the provisions of this
chapter applying to the R-2 Residence District.
C.
Validity. If for any reason the restrictions or requirements
contained in this section shall be or become invalid or inoperative
as to any land shown on the Zoning Map as being in the Conservancy
District, then such land shall thereafter be deemed zoned in the R-2
Residence District.
D.
Contour lines. In the event that uncertainty exists
as to the exact location of any contour line bounding the Conservancy
District as shown on the Zoning Map, the submission of sufficient
topographic data shall be required to establish the precise location
of said line on any lot affected thereby.
A.
Definition. The Official or Open Space District consists
of those areas which have already been dedicated or used for public
or semipublic nonprofit uses, such as parks and recreation areas,
public buildings, cemeteries, schools, churches, reservoirs and open
space reservations, and which are not available for residential, commercial
or other private uses.
B.
Purpose. The purpose of the Official or Open Space
District is to show on the Zoning Map those areas which, because of
their present public or semipublic uses, are not appropriate for zoning
in any of the other districts.
C.
Building requirements.
[Amended ATM 5-4-1992 by Art. 33]
(1)
No application for a building permit shall be made
for any building or structure in the Official or Open Space District
until plans showing the proposed location, uses and external appearance
have been submitted to the Board of Selectmen for review, comment
and recommendations relative to issues of public health and safety.
The plan shall show:
(a)
Adequacy of access for emergency purposes, including
fire, police and ambulance.
(b)
Lot size, frontage, yards and heights of buildings.
(c)
Convenience and safety of vehicular and pedestrian
movement on the site, for the location of driveway openings in relation
to street traffic and the impact of traffic generated by the facility.
(d)
Adequacy of arrangement and the number of parking
and loading spaces in relation to the proposed uses of the premises.
(e)
Facilities for water supply, for sewage, refuse
and other waste disposal and adequacy of other methods for waste disposal,
surface and subsurface drainage.
(2)
In making its recommendation, the Board of Selectmen
shall solicit the written advice of the Planning Board and any other
boards or commissions as deemed necessary.
D.
Change in use of Official or Open Space District.
If for any reason land shown on the Zoning Map as being in the Official
or Open Space District shall become available for other than public
or semipublic use, it shall be deemed to be thereafter zoned in the
residence district which it adjoins, and, if it adjoins more than
1 residence district, it shall be deemed to be zoned in the one with
which it has the largest common boundary.
[Added ATM 5-14-1979 by Art. 14]
Any building used for residential purposes in a Business District, Medical-Professional District or Manufacturing District shall meet all the requirements of § 185-17 as they relate to the R District.
[Amended ATM 5-7-1990 by Art. 16]
The Multifamily Residence District created herein
shall be deemed to be an overlay district. The requirements set forth
below shall constitute an alternative means of development of any
land included within the district, provided that a Special Permit
in accordance with this section is granted by the Planning Board.
If such a Special Permit is not sought, is not granted or lapses,
all requirements of the underlying district shall apply to the land.
A.
Purpose. The purpose of the Multifamily Residence
District is to:
(1)
Provide for a diversity of housing types and encourage
the construction of elderly and affordable housing in Dover.
(2)
Preserve the rural character of the Town despite population
growth by encouraging an alternative pattern of land development.
(3)
To plan any multifamily development so as to achieve
harmony with neighboring buildings and areas of development and conserve
environmental features, woodlands, wetlands, areas of scenic beauty
and sites and structures of historical importance.
(4)
Permit the Town to regulate construction of multifamily
housing so as to permit economical and efficient installation and
maintenance of streets and utilities.
(5)
Promote adherence to superior design and planning
standards.
B.
Special requirements.
(1)
At least 25% of the units constructed in a Multifamily
Residence District shall be affordable. At least 40% of the units
shall also be elderly, including any elderly units which are also
affordable.
(2)
No multifamily development shall be built within one-half
mile of any other such development.
(3)
The total number of dwelling units in a multifamily
development shall be limited to the lesser of 4 times the difference
between the total number of acres in the tract less the number of
acres of wetlands and 40.
(4)
The total number of multifamily dwelling units of any kind erected in the Town shall not exceed 15% of the dwelling units in the Town. Such percentage shall be computed without reference to accessory apartments constructed pursuant to § 185-43 of this chapter and shall be determined as of the most recent Federal Census, and no permit shall be issued under this chapter if it would cause the number of multifamily dwelling units to exceed such percentage.
(5)
Provision shall be made to ensure that the affordable
and elderly units in a Multifamily Residence District shall continue
to be used as affordable and elderly units in accordance with the
requirements of this chapter.
(6)
Affordable and elderly units shall be integrated into
the project in a manner acceptable to the Planning Board.
C.
Landscaping requirements.
(1)
Buildings, roads, driveways and parking areas shall
be laid out so as to leave undisturbed, as far as possible, the environmental
and historical features of the tract, such as natural woodlands, streams,
marshes, hill tops, ravines, biological habitats of special interest,
views of unusual charm, existing bridle paths, trails and green belt
links, and to provide for the convenience and safety of vehicular
and pedestrian movement.
(2)
The required fifty-foot setback or buffer area around the perimeter of the development site (see § 185-17 of this chapter) shall consist, as far as possible, of natural woodland. Grass and mounds shall be approved buffer material, provided that suitable indigenous shrubs and other plant materials are used for screening.
(3)
The applicant shall diligently undertake to prevent
the removal of or damage to any tree which is designated for preservation.
If it is determined that the applicant has damaged or removed any
trees which were designated for preservation, the applicant will be
required to compensate for the loss with new plantings.
(4)
Provision shall be made that the open land in a development
shall be maintained by the owner or management of the development,
by an association of the residents of the dwelling units or by the
holder of any easements. If possible, any previously existing trails
shall be kept open for limited recreational use by residents of the
Town.
(5)
The open land shall be restricted to 1 or more of
the uses allowed in the C (Conservancy) or O (Open Space) Districts,
except that, subject to the approval of the Board of Health, if may
be used for subsurface waste disposal and for the provision of underground
utilities.
D.
Building and dimensional requirements. In addition to the Dimensional Requirements of § 185-17 of this chapter, the following requirements shall apply to any project in a Multifamily Residence District:
(1)
There shall be a minimum of 32 feet between buildings.
(2)
There shall be no more than 8 dwelling units in any
one building.
(3)
The number of bedrooms shall not exceed 3 per dwelling
unit.
(4)
An architectural theme shall be carried out by use
of common building materials, color, exterior detailing and roof lines.
Rigidity in design shall be avoided by variations in building size,
height and location, breaks in roof lines and walls, plantings and
building coverage.
(5)
All electric, gas, telephone and water distribution
lines shall be placed underground in accordance with the regulations
of the Planning Board.
(6)
The size, shape and location of any building must
be planned to avoid an overmassing effect and to be appropriate to
the terrain on which it is located in order not to be detrimental
to the neighborhood or to affect adversely the visual character of
the Town.
(7)
Adequate methods shall be provided on the site for
waste disposal and for surface and subsurface drainage in accordance
with regulations of the Board of Health.
(8)
Elderly units shall be especially designed for the
needs of the elderly.
E.
Parking and access requirements. There shall be provided
a permanent off-street parking area or areas, surface and/or undercover
of sufficient size to provide 1.5 car spaces for each dwelling unit,
with such additional temporary parking space as may be approved by
the Planning Board.
(1)
Design.
(a)
There shall be no more than 2 means of access,
whether by a subdivision way or a driveway, to the development site
from any existing public way.
(b)
Such access points shall be located so as to
minimize conflict with traffic on public streets and where good visibility
and sight distances are available to observe approaching vehicular
traffic.
(c)
The width of a driveway for one-way traffic
shall be not less than 10 feet as measured at its narrowest point.
The width of a driveway for 2-way use shall be a minimum of 18 feet
and a maximum of 22 feet, as measured at its narrowest point.
(d)
Each parking space shall contain a minimum of
200 square feet.
(e)
All paved portions of all parking spaces and
maneuvering aisles, with the exception of temporary parking spaces,
shall be set back 10 feet from the wall of any building and 50 feet
from any private or public way or neighboring lot line, with suitable
plantings for screening.
(2)
Construction.
(a)
All required parking spaces, maneuvering aisles
and driveways shall have a durable, dustless, all-weather surface,
such as bituminous concrete or cement concrete, and shall provide
for a satisfactory disposal of surface water by grading and drainage
in such a manner that no surface water shall drain onto any public
way or onto any lot in other ownership, and such surfaces shall be
well maintained.
(b)
Parking areas shall be provided with curbing,
wheel stops or other devices to prevent motor vehicles from being
parked or driven within required setback areas or onto required landscaped
open spaces.
(3)
Lighting. Lighting of parking areas shall be designed
to provide sufficient uniform illumination with low glare factor.
The mounting heights for the equipment shall be appropriate for the
architectural scale of the buildings. All lights shall be arranged
and shielded to prevent direct glare from the light source into any
street or onto adjacent property.
(4)
Waiver. The Planning Board may waive any of the above requirements in this Subsection E, as long as the final development plan meets the intent of this Subsection E, if the Board finds that literal enforcement would cause a substantial hardship, or that literal compliance is impractical because of the size, width, depth, shape or grade of the lot.
F.
Preliminary and final development plans and Town Meeting
vote. In order for land to be zoned for multifamily residence use,
the applicant must prepare a preliminary development plan as provided
below and must initiate a change in the zoning classification of his
land by a two-thirds Town Meeting vote, in accordance with MGL c.
40A, § 5. If the Town Meeting rezones the land, the applicant
must submit to the Planning Board a final development plan, an application
for a Special Permit and, if applicable, an application for approval
under the Subdivision Control Law,[2] all as provided below. The Planning Board shall be the
permit granting authority for the purposes of this section.
(1)
Preliminary development plan. The applicant shall submit a preliminary development plan to the Planning Board and the other agencies and officials named in this subsection 120 days prior to the date of the Town Meeting at which the rezoning of the site will be presented. The Planning Board shall consult with the Board of Selectmen, the Board of Health, the Dover Housing Partnership, the Long-Range Planning Committee, the Conservation Commission, the Superintendent of Streets, the Building Inspector and the Council on Aging. The preliminary development plan shall contain a full description of the project, with appropriate plans showing compliance with all requirements and provisions set forth in Subsections A through E and shall include the information and plans required by Subsections F(2)(a) and (d) of this section.
(2)
Final development plan and Special Permit. In the event that the Town Meeting rezones the land in question for multifamily residence use, the applicant shall file an application for a Special Permit with the Planning Board, in accordance with § 185-52 of this chapter. The application shall be accompanied by a final development plan. Copies of such application and the final development plan shall be submitted to the agencies and officials of the Town listed in Subsection F(1) above. The final development plan shall consist of:
(a)
The name(s) and address(es) of the applicant
and all legal and beneficial owners of the site; copies of all instruments,
options, contracts or encumbrances affecting ownership of the development
site; and an instrument executed by all persons owning property within
the site agreeing that the development, as applied for, is desired.
(b)
All information required by the Planning Board
regarding the training and experience of the applicant, his associates,
professional advisers and contractors in the development and management
of real estate, the construction of housing, including affordable
and elderly housing, as well as their respective financial positions.
Such information may include a list of all persons and organizations
with which the applicant has been associated in the development of
real estate during the past 10 years, including their addresses and
the names of their principal officers, as well as all sources of credit
upon which the applicant relies to acquire, develop and manage the
development site. The applicant shall furnish copies of such transcripts,
records, letters of intent, contracts, as well as all other documentation
that the Planning Board may require to determine whether the applicant
is qualified to undertake and complete the development proposed and
whether his plan for financing the same is sound.
(c)
A map, to the scale required by the Planning
Board, of the development site and the community surrounding the same
to a distance of 1/2 mile showing all streets, Town-owned property
and zoning classifications.
(d)
A plan, suitable for recording, of the development
site, showing all existing and proposed contours, lot lines, easements,
rights-of-way, roads, utilities, structures and improvements, parking
areas, wetlands, land to be included in the C (Conservation) or O
(Open Space) Zones, and any conservation easements or other restrictions.
Such plan or supplemental information submitted therewith shall illustrate
compliance with the applicable density requirements.
(e)
A plan or plans, to the scale required by the
Planning Board, showing the topography of the site at a minimum of
five-foot intervals, as well as vegetation and special features, including
all woodlands, wetlands, groups of trees or individual trees worthy
of preservation, rock outcroppings, significant slopes, trails and
paths, flowing streams and drainageways, ponds, open vistas, structures
of historical importance and biological or wild life habitats and
proposed conservation and recreation easement areas, together with
a proposal for the preservation of the foregoing.
(f)
Proposals for the disposition of sanitary waste
and stormwater.
(g)
A model or plan illustrating landscaping and
architectural design showing types, location and layout of buildings
and typical elevations, as well as the general height, bulk and appearance
of structures. Perspective drawings may be required.
(h)
Information, including proposed interior plans,
indicating the number and type (affordable, elderly and/or market
rate) of dwelling units proposed, the number of bedrooms planned and
the anticipated sale or rental prices.
(i)
If the Special Permit provides for the construction
of multifamily condominium dwelling units, a master deed suitable
for recording by the applicant submitting to the provisions of MGL
c. 183A, as well as a copy of the bylaws to be adopted by the organization
of unit owners and a description of such organization.
(j)
Copies of all proposed covenants, easements
and other restrictions which the applicant proposes to grant to the
Town, the Conservation Commission, utility companies, any condominium
organization and the owners thereof.
(k)
Copies of proposed deeds to affordable and elderly units, including provisions to ensure compliance with Subsection B(5) hereof.
(m)
Any and all other information that the Planning
Board may reasonably require, including such information and plans
required under the Board's Subdivision Control Regulations[3] as the Board shall designate, in a form acceptable to
it to assist in determining whether the applicant's proposed development
plan meets the objectives of this section.
(3)
Application under Subdivision Control Law. If the
final development plan requires approval under the Subdivision Control
Law, an application for approval under the Subdivision Control Law
and the application for a Special Permit hereunder shall be filed
concurrently. To the extent permitted by law, the Planning Board shall
consider both applications at the same time, but the applicant must
demonstrate compliance with all applicable requirements under the
Subdivision Control Law, as well as this chapter.
[2]
Editor's Note: See MGL c. 41, §§ 81K
through 81GG.
G.
Review and action by Planning Board.
(1)
The Planning Board shall hold a public hearing on
such application for a Special Permit and final development plan,
giving notice of the time and place thereof and of the subject matter
in accordance with MGL c. 40A, § 9.
(2)
Failure by any agency listed in Subsection G(1) above to submit a written recommendation to the Planning Board within 45 days of the certified filing date shall indicate approval by such agency.
(3)
The Planning Board shall, after the conclusion of
such hearing, notify all parties in interest of its decision as provided
in MGL c. 40A, § 9.
(4)
The Planning Board shall not grant such a Special Permit, unless it finds that the final development plan is consistent with the preliminary development plan described in Subsection F(1) and is in harmony with the general purposes of this section. The Planning Board may include such conditions and safeguards as it deems appropriate to assure such compliance. Without limiting the foregoing, such conditions and safeguards shall include:
(a)
In the discretion of the Planning Board, a requirement
that, before commencing any work under the Special Permit, the applicant
shall provide security, in the form of a deposit of money or negotiable
instruments, a letter of credit or surety bond, sufficient, in the
opinion of the Planning Board, to complete the project as authorized
by the Special Permit or any severable portion of the project that
the Planning Board concludes can be built consistent with the purposes
of the Special Permit and this chapter. Such security shall be for
the benefit of the Town of Dover. Upon failure by the developer to
carry out any obligation or condition of the Special Permit, the Planning
Board may, after notice to the applicant and opportunity for hearing,
declare the project in default. Thereupon, the Town, to the extent
permitted by law, may expend said funds without further appropriation
and take all steps necessary to complete the project, or any part
thereof that the Planning Board deems to be appropriate and consistent
with the purposes of the Special Permit and this chapter and the protection
of the neighborhood. Any funds not so used shall be paid to the applicant.
(b)
A requirement that any transfer of the development
rights granted under the Special Permit to a person or entity other
than the applicant shall require the approval of the Planning Board
and an appropriate amendment of the Special Permit by the Planning
Board, after a hearing in accordance with MGL c. 40A, § 9,
and this chapter; provided, however, that nothing contained herein
shall prevent a mortgage of the premises subject to the benefits and
obligations of the Special Permit; and provided further that any mortgagee
who acquires title to the premises by foreclosure or otherwise, shall
have the right to complete the project in accordance with the Special
Permit or to sell the land or any part thereof subject to the benefits
and obligations of the Special Permit.
(c)
A requirement that the affordable and elderly
units shall be maintained for such purposes for such period as the
Planning Board shall designate; provided that such period shall be
at least as long as may be required by any state or federal requirements,
and in any event no less than 20 years.
(d)
A requirement that as-built drawings shall be
filed with the Building Inspector upon completion of each stage of
the development.
H.
Revision of Special Permit. Any change in the number
of dwelling units or in the mix of affordable, elderly and other units
and any change in the layout of streets, common driveways or utilities,
the location of buildings or other structures or the use or ownership
of the common land or a change in any conditions of the Special Permit,
other than those specifically exempted by the Planning Board from
this subsection, shall require an amendment of the Special Permit
by the Planning Board after a hearing in accordance with MGL c. 40A,
§ 9, and this chapter.
I.
Regulations. The Planning Board may prescribe, from
time to time, rules and regulations to supplement the standards and
conditions set forth in this section, provided that:
(1)
Said rules and regulations are not inconsistent with
said standards and conditions;
(2)
A copy of said rules and regulations is filed in the
office of the Town Clerk; and
(3)
Any amendment or change of said rules and regulations
shall not apply to any application for a Special Permit hereunder
that shall have been submitted prior to such filing.
J.
Enforcement.
(1)
General principles. The Town may enforce the conditions
and safeguards imposed on the exercise of Special Permits under this
section in equity or at law and may recover from the applicant, his
successor(s) or approved assignee(s) all moneys that may be required
to complete the final development plan.
(2)
Stop order.
(a)
In the event of a violation of law, an unauthorized
sale or lease of the development site, development that deviates from
the final development plan, or if the applicant shall otherwise fall
or neglect to comply with the conditions and safeguards imposed on
the exercise of this Special Permit, the Building Inspector may deliver
a stop order to the applicant or his agent by certified mail, return
receipt requested, and by posting the same in a conspicuous location
on said site. The order shall describe the nature of the violation
and the date on which said order shall expire.
(b)
Any person who shall violate the provisions
of a stop order shall be deemed in violation of this chapter.
(c)
Failure of the Town to deliver a stop order
for any reason shall not prevent the Town from pursuing any other
legal remedy permitted under law.
K.
Fees. In order to reimburse the Town for the expense
of processing the various applications hereinabove provided for, the
Planning Board may, from time to time, adopt and promulgate in its
regulations a schedule of fees payable by the applicant, a copy of
which shall be kept on file and available in the office of the Town
Clerk.
L.
Severability. No section or subsection of this section
shall be deemed severable from other sections thereof. In the event
that any such section or subsection shall later be invalidated, whether
by judicial decree or otherwise, all other provisions contained herein
shall become inoperative, except that Special Permits previously issued
by the Planning Board hereunder shall remain in effect.
M.
AFFORDABLE
APPLICANT
ELDERLY
WETLANDS
(1)
(2)
(3)
Definitions of terms as used in this section. As used
in this article, the following terms shall have the meanings indicated:
Any housing subsidized by the federal or state government
under any program to assist the construction of low or moderate income
housing, as defined in the applicable federal or state statute, including
a local initiative program which meets the requirements of 760 Code
of Massachusetts Regulations 45.
The person or persons, entity or entities seeking a Special
Permit hereunder. The applicant must own or be the beneficial owner
of at least 8 contiguous acres of land included in the proposed development
site or have authority to act for such owner(s) or hold an option
or contract duly executed by the owner(s) and the applicant giving
the latter the right to acquire such land within a period of 30 days
following issuance by the Planning Board of a Special Permit.
Housing for families at least 1 member of which is either
handicapped or at least 62 years of age.
All land subject to the provisions of MGL c.
131, §§ 40 and 40A, or land included in the C (Conservancy)
District or subject to any regulation of the Town of Dover with regard
to floodplains, wetlands or aquifer protection.
All land designated as Water Protection Zone
I as required by the Massachusetts Department of Environmental Affairs.
Land which is normally submerged during any
portion of the year.
[Added ATM 5-5-1986 by Art. 16; amended 5-1-2023 ATM by Art. 19]
A.
The purposes of this § 185-43 are to:
(1)
Broaden the types of housing available to different types of households
including a wide range of ages;
(2)
Provide flexibility in housing choices while limiting impact on neighborhoods,
residential character, and Town infrastructure; and
(3)
Clarify the necessary steps and regulations in order to help make
approval of ADUs efficient and straightforward for homeowners, builders
and families.
B.
Attached ADUs.
(1)
Applicability of Site Plan Review. An Attached ADU shall be defined
as an Accessory Dwelling Unit that is attached to or within a single-family
dwelling. An owner(s) of a single-family dwelling in an R, R-1, R-2,
B, M, M-P or R-M District or their authorized agent may request Site
Plan Review by the Planning Board to enable the use of a portion of
a single-family dwelling as an Attached ADU.
(2)
Standard of review. The Planning Board shall approve a Site Plan for an Attached ADU, subject to reasonable conditions the Board deems appropriate, provided that the ADU complies with the Site Plan Review criteria of § 185-36 and meets all the standards outlined in Subsection D below. The application shall comply with and shall be reviewed pursuant to the Planning Board's Rules and Regulations.
C.
Detached ADUs.
(1)
Applicability of special permit requirement. A Detached ADU shall
be defined as an Accessory Dwelling Unit that is located in a separate
structure accessory to such single-family dwelling. An owner(s), or
applicant with owner(s) consent, of a single-family dwelling in an
R, R-1, R-2, B, M, M-P or R-M District may use a portion of the separate
accessory structure as a Detached ADU upon receipt of and compliance
with a Special Permit by the Board of Appeals. Submission requirements
and procedures shall be in accordance with the Zoning Board of Appeals'
rules and regulations.
(2)
Site Plan Review by the Planning Board. An application for Site Plan
Review shall be submitted to the Planning Board at least 10 days'
prior to submitting an application for a Special Permit to the Zoning
Board of Appeals. The Zoning Board of Appeals shall receive a copy
of the Site Plan Review application. The Planning Board shall submit
a written report based on the results of this Site Plan Review to
the Zoning Board of Appeals prior to their public hearing. The report
of the Planning Board shall include any recommended conditions for
a Special Permit related to the Site Plan Review.
(3)
Special Permit from the Zoning Board of Appeals. An application for a Special Permit for a Detached ADU shall require a Public Hearing which shall be held according to the procedures outlined in § 185-52 of the Zoning Bylaw. After due consideration of the recommendations of the Planning Board, the Board of Appeals may grant a Special Permit as provided in this section, provided that the Detached ADU meets all the standards of Subsection D below, and all other requirements under the Zoning Bylaw.
D.
Additional standards for ADUs.
(1)
Maximum floor area. All ADUs approved under this section shall be
accessory to the principal residence; the floor area shall not exceed
50% of the floor area of the principal residence, exclusive of any
garage, unfinished attic, basement or shed attached to said principal
residence, or 900 square feet, whichever is less.
(2)
Owner occupancy. The owner of the property shall occupy either the
principal residence or the Accessory Dwelling Unit on the property
on which the ADU is located, except for bona fide temporary absences,
at all times during which the ADU is rented.
(3)
Board of Health review. For any renovations or new construction related
to an Attached ADU, the applicant shall obtain all required approvals
from the Board of Health.
(4)
Ingress and egress. Any new entrances shall be located on the side
or the rear of the building. All staircases shall be enclosed and
shall not be visible from the exterior of the building.
(5)
Appearance. The ADU and related modifications to the building shall
be designed so that the appearance of the building remains that of
a single-family dwelling, and the construction and occupancy of the
ADU will not be detrimental to the neighborhood in which the lot is
located or injurious to persons or property.
(6)
Driveway. Attached and detached ADUs shall use the same driveway
opening and curb cut as the principal residence.
(7)
Parking. Adequate provision shall be made for off-street parking
of motor vehicles associated with the ADU. The Boards of Appeals or
Planning Board, as applicable, may require screening of such parking
to protect the neighbors or provide a necessary buffer to adjacent
property, provided said fencing is not in excess of six feet in height.
(8)
Limit of One ADU per lot. There shall be no more than one ADU on
the same lot or otherwise associated with a single-family dwelling.
(9)
Architectural design guidelines. The ADU and related modifications
to any building shall be designed so that the appearance of the property
remains consistent with that of a single-family dwelling. New structures
shall be designed and sited in such manner that they are consistent
in character and compatible in design with the existing buildings
on the lot. Exterior cladding, roofing and windows shall be constructed
of substantially similar materials to those on the existing single-family
structure (unless all cladding is to be replaced) and attention should
be paid to ensuring the roof form, window fenestration, and architectural
details such as trim, dentils, columns, piers, sashes, cornices, friezes,
corner boards, belt courses, quoins, ornaments, pilasters and other
such details are replicated on any additions or new structures.
[Added ATM 5-1-1989 by Art. 31; amended 5-7-2012 ATM by Art.
10; 5-1-2023 ATM
by Art. 18]
A.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions. The definitions below apply when used in this § 185-44:
Any man-made change to improved or unimproved real estate,
including but not limited to buildings 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]
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]
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]
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]
Any Structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
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]
See "floodway."
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, or AH. [Base Code, Chapter 2, Section 202]
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 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]
|
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]
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
Building Code]
A grant of relief by a community from the terms of a floodplain
management regulation. [US Code of Federal Regulations, Title 44,
Part 59]
The failure of a Structure or other Development to be fully
compliant with the community's floodplain management regulations.
A Structure or other Development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 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]
B.
Purpose. The purpose of the Floodplain District is to:
(1)
Ensure public safety through reducing the threats to life and personal
injury;
(2)
Eliminate new hazards to emergency response officials;
(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; and
(7)
Maintain the Town's eligibility in the National Flood Insurance
Program (NFIP) by adopting floodplain management requirements that
meet the applicable standards of the NFIP regulations set forth in
44 CFR 60.3.
C.
Boundaries. The Floodplain District is herein established as an overlay
district. The District includes all Special Flood Hazard Areas within
the Town of Dover designated as Zone A, AE, AH, AO, or A99 on the
Norfolk County Flood Insurance Rate Map (FIRM) dated July 6, 2021,
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 6, 2021. The FIRM and FIS report are
incorporated herein by reference and are on file with the Town Clerk,
Planning Board, Building Inspector and Conservation Commission.
D.
Permitting and enforcement.
(1)
The Town hereby designates the Building Inspector to be the official
floodplain administrator.
(2)
Permitting Requirements.
(a)
One seeking proposed Construction or other Development in the
Floodplain District, including new Construction or changes to existing
buildings, placement of manufactured homes, placement of agricultural
facilities, fences, sheds, storage facilities or drilling, mining,
paving and any other Development that might increase flooding or adversely
impact flood risks to other properties, must first obtain a Floodplain
Permit from the Building Inspector in accordance with this Bylaw and
applicable provisions of the State Building Code.
(b)
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 District. The proponent must demonstrate that all necessary
permits have been acquired.
(3)
Allowed Uses within the limits of the Floodway. The following Uses
are allowed within the limits of the Floodway provided that the owner
or applicant has obtained all necessary local permits or approvals:
(a)
Maintenance and repair of existing Structures and improvement
of existing Structures provided that any such improvement is either
within the existing Structure or above the base flood elevation;
(b)
Maintenance, repair and replacement of existing Structures in
a driveway or private way or in an associated easement. Structures
referred to herein include banks, walls, culverts, bridges or similar
Structures; and
(c)
Any activity, construction or installation conducted solely
for the purpose of environmental clean-up or remediation, and required
or approved by the United States Environmental Protection Agency or
the Massachusetts Department of Environmental Protection.
E.
Standards for enforcement.
(1)
Floodway encroachment.
(a)
In Zones A 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 by the Town 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.
(b)
In Zones A 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.
(2)
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
Floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and Floodway data available from a Federal,
State, or other source as criteria for requiring New Construction,
substantial improvements, or other Development in Zone A 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.
(3)
Subdivision proposals. All subdivision proposals and Development
proposals in the Floodplain District shall be reviewed to assure that:
(4)
Base flood elevation data for subdivision proposals. When proposing
subdivisions or other Developments greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the design plans.
(5)
Recreational Vehicles. In A and AE 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.
(6)
Watercourse alterations or relocations in riverine areas. In a riverine
situation, the Building Inspector shall notify the following of any
alteration or relocation of a watercourse:
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Adjacent Communities, especially upstream and downstream
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Bordering States, if affected
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NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street, 8th floor, Boston, MA 02114
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NFIP Program Specialist
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor, Boston, MA 02110
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F.
Variances to Building Code floodplain standards. A permit applicant
may appeal the denial of a Floodplain Permit due to noncompliance
with the State Building Code to the Building Code Appeals Board. If
that appeal is taken, the Town shall request from the State Building
Code Appeals Board a written 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 and applicant (if different) 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 District.
G.
Variances to local Zoning Bylaws. A permit applicant may seek a Variance from this Floodplain Bylaw in accordance with the process set forth in Dover Zoning Bylaw § 185-51. Such a Variance may only be granted if:
(1)
The proposed project meets the requirements set out by State law;
(2)
Good and sufficient cause and exceptional non-financial hardship
exist;
(3)
The Variance will not result in additional threats to public safety,
extraordinary public expense, or fraud or victimization of the public;
and
(4)
The Variance is the minimum action necessary to afford relief.
H.
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 shall, within six months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s). Such notification shall be submitted to:
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NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street, 8th floor, Boston, MA 02114
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NFIP Program Specialist
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor, Boston, MA 02110
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I.
Abrogation and greater restriction section. The floodplain management
regulations found in this Floodplain District section shall take precedence
over any less restrictive conflicting local laws, ordinances or codes.
[Amended ATM 5-4-1992 by Art. 35; ATM 5-3-1993 by Art. 25]
No privately owned wastewater treatment facility
shall be constructed except to remediate groundwater and in those
areas with existing water quality problems where the problems are
attributable to current septic systems and there will be a net improvement
in water quality. A privately owned wastewater treatment facility
shall be constructed only pursuant to and in compliance with a Special
Permit from the Board of Appeals. The Board of Appeals may grant a
Special Permit subject to the following terms, criteria and conditions:
A.
Each individual dwelling site served by the privately
owned wastewater treatment facility must be capable of supporting
a single on-site septic treatment system complying with the rules
and regulations of the Board of Health.
B.
Sufficient bonding or other assurance in the opinion
of the Board of Appeals that the privately owned wastewater treatment
facility can be replaced, rebuilt, supplemented or repaired as necessary.
C.
No privately owned wastewater treatment facility shall
be permitted to discharge any effluent at any point which is less
than 1/2 mile from any discharge point of another wastewater treatment
facility which discharges to the same receiving surface water or groundwater
recharge area.
D.
A sound management and maintenance plan for the facility
with periodic inspections and reports provided by the operator to
the Board of Health as determined by the Board of Appeals.
E.
The Board of Appeals may consult with the Board of
Health in reaching its decision relative hereto.
[Added STM 10-27-1997 by Art. 1; amended ATM 5-7-2002 by Art. 27;
ATM 5-7-2018 by Art. 21]
A.
Purpose; administration.
(1)
It is the express purpose of this section to minimize the visual
and environmental impacts, as well as any potential deleterious impact
on property value, of personal wireless service facilities upon properties
located within the Town or adjacent thereto. No personal wireless
service facility shall be placed, constructed or modified within the
Town without first obtaining a Special Permit or site plan approval,
as applicable, from the Planning Board. This section is intended to
be used in conjunction with other regulations adopted by the Town,
and other zoning and general bylaws designed to encourage appropriate
land use, environmental protection, preservation of Dover's rural
character and the provision of adequate infrastructure development
in Dover.
(2)
The regulation of personal wireless service facilities is consistent
with the purpose of this chapter and planning efforts at the local
government level to further the conservation and preservation of developed,
natural and undeveloped areas, wildlife, flora and habitats for endangered
species; protection of the natural resources of Dover, enhancement
of open space areas and respect for Dover's rural character.
(3)
In accordance with the requirements of 47 U.S.C. § 332(c)(7)(B),
in regulating the placement, construction and modification of personal
wireless service facilities, the administration of this section shall
not be undertaken in a manner which unreasonably discriminates among
providers of functionally equivalent services or prohibits or has
the effect of prohibiting the provision of personal wireless services.
Furthermore, any decision to deny a request to place, construct or
modify personal wireless service facilities shall be in writing and
supported by substantial evidence contained in a written record. Furthermore,
this section may not regulate the placement, construction and modification
of personal wireless service facilities on the basis of the environmental
effects of radio frequency emissions to the extent that such facilities
comply with the Federal Communications Commission's regulations concerning
such emissions.
B.
ABOVE MEAN SEA LEVEL (AMSL)
ANTENNA
CAMOUFLAGED
CARRIER
COLLOCATION
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA
ELEVATION
ENVIRONMENTAL ASSESSMENT (EA)
EQUIPMENT SHELTER
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
LATTICE TOWER
LICENSED CARRIER
MONOPOLE
MOUNT
(1)
(2)
(3)
(4)
OMNIDIRECTIONAL (WHIP) ANTENNA
PANEL ANTENNA
(PCS) PERSONAL COMMUNICATIONS SERVICES
PERSONAL WIRELESS SERVICE FACILITY
PERSONAL WIRELESS SERVICES
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
SECURITY BARRIER
SEPARATION
SMALL WIRELESS FACILITY
UTILITY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A uniform point from which height above sea level (or zero
elevation) can be measured.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden,
part of an existing or proposed structure or placed within a preexistent
or proposed structure is considered to be camouflaged.
A company that provides wireless services.
The use of a single mount on the ground by more than 1 carrier
(vertical collocation) and/or several mounts on a preexistent building
or structure by more than 1 carrier.
A low mount that has 3 panels flush mounted or attached very
close to the shaft.
The measurement of height above mean sea level.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a personal
wireless service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging.
A lattice tower tied to the ground or other surface by diagonal
cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio service system.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following 4 types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A thin rod that beams and receives a signal in all directions.
A flat surface antenna, usually developed in multiples.
Broadband radiowave systems that operate at a radio frequency
in the 1850 to 1900 megahertz range.
A wireless telecommunication facility shall include towers,
poles, antennas and appurtenant structures designed to facilitate
personal wireless services; hereinafter referred to as "facility."
The 3 types of services regulated by this section:
An engineer specializing in electric or microwave engineering,
especially the study of radio frequencies.
Emissions from personal wireless service facilities.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between 1 array of antennas and another array.
A facility that meets both of the following qualifications:
(a) an antenna within an enclosure of no more than 6 cubic feet in
volume and (b) all other associated wireless equipment, whether ground
or pole-mounted, is cumulatively no more than 28 cubic feet. The following
types of ancillary equipment are excluded from the calculation of
volume: electric meter, concealment elements, telecommunications demarcation
box, grounding equipment, power transfer switch, cut-off-switch, vertical
cable runs for the connection of power and other services.
A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations
and transmission-lines or other utility services.
C.
Regulations.
(1)
The carrier must demonstrate that the facility is necessary in order
to provide adequate service to the public.
(2)
A personal wireless service facility may locate as of right:
(a)
On any existing monopole for which a Special Permit issued under
this section is in effect; or
(b)
On an electric utility transmission tower provided that the
new facility shall first obtain site plan approval from the Planning
Board as specified in § 186-36; or
(c)
On an existing utility pole within a Town right-of-way, provided
that the facility is a small wireless facility, the antenna is designed
to appear like transformers that are located on other nearby utility
poles, and the new facility shall first obtain site plan approval
from the Planning Board as specified in § 186-36 as well
as a "grant of location" from the Board of Selectmen in accordance
with the provisions of MGL c. 166, § 22 (or any related
or successor provisions thereto).
(d)
Only one such small wireless facility may be located on any
utility pole.
(e)
Double poles shall not be eligible as the location of small
wireless facility.
(3)
Except as may be permitted under Subsection C(2), no personal wireless service facility shall be located in the Town except upon issuance of a Special Permit. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this section.
(4)
Amateur radio towers used in accordance with the terms of any amateur
radio service license issued by the Federal Communication Commission
are exempt from the provisions of this chapter, provided that the
tower is not used or licensed for any commercial purpose; and the
tower must be removed upon loss or termination of said FCC license.
D.
Location. Applicants seeking approval for personal wireless service
facilities shall comply with the following:
(1)
If feasible, personal wireless service facilities shall be located
on preexistent structures, including but not limited to buildings
or structures, preexistent telecommunications facilities, utility
poles and towers, and related facilities, provided that such installation
preserves the character and integrity of those structures. In particular,
applicants are urged to consider use of preexistent telephone and
electric utility structures as sites for 1 or more personal wireless
service facilities. The applicant shall have the burden of proving
that there are no feasible preexistent structures upon which to locate.
In particular, applicants are urged to consider use of preexistent
telephone and electric utility structures as sites for 1 or more personal
wireless service facilities.
(2)
If the applicant demonstrates to the satisfaction of the SPGA (special
permit granting authority) that it is not feasible to locate on a
preexistent structure, personal wireless service facilities shall
be designed so as to be camouflaged to the greatest extent possible,
including, but not limited to, use of compatible building materials
and colors, screening, landscaping, with natural and/or artificial
plantings (as indicated through site plan review), and placement within
trees.
E.
Dimensional requirements. Personal wireless service facilities shall
comply with the following requirements:
(1)
Height.
(a)
Height, ground-mounted facilities. Any applicant for a Special
Permit for the placement, construction or modification of a personal
wireless service facility shall demonstrate to the SPGA that the location
of the proposed facility complies with all of the requirements of
this section and, furthermore, that the size and height of the proposed
facility is the minimum necessary for its intended purpose utilizing
topographical advantage where possible. In any event, the maximum
height of such a facility shall not exceed 190 feet.
(b)
Height, side- and roof-mounted facilities. Side- and roof-mounted
personal wireless service facilities shall not project more than 10
feet above the height of an existing building or structure nor project
more than 10 feet above the height limit of the zoning district within
which the facility is located, except for a facility which is to be
located on a preexisting, nonconforming building or structure for
which the necessary zoning relief to extend, alter or change the building
or structure in accordance with MGL c. 40A, § 6, has been
issued.
(c)
Height, preexistent structures. New antennas located on any
of the following preexistent structures shall be exempt from the height
restrictions of this section provided that there is no increase in
height of the preexistent structure as a result of the installation
of a personal wireless service facility; guyed towers and monopoles.
(d)
Height, preexistent structures (utility). New antennas located
on electric transmission and distribution towers shall be exempt from
the height restrictions of this section provided there is no more
than a 20-foot increase in the height of the original, preexistent
structure as a result of the installation of a personal wireless service
facility. New antennas located on utility poles within a Town right-of-way
shall be exempt from the height restrictions provided there is no
more than a 10- foot increase (including antenna) in the height of
the original, preexistent structure as a result of the installation
of a personal wireless service facility. In no case shall the height
increase for a utility pole result in a total height above ground
level more than 43 feet.
(2)
Setbacks.
(a)
The minimum distance from the base of any ground-mounted personal
wireless service facility to any property line shall be 2.5 times
the height of the facility/mount, including any antennas or other
appurtenances from the property line. In addition, a minimum setback
of 300 feet from any habitable dwelling or business is required.
(b)
In the event that a preexistent structure is proposed as a mount
for a personal wireless service facility, the setback provisions of
the zoning district shall apply; provided, however, that in the case
of the preexistent nonconforming structures, personal wireless service
facilities and their equipment shelters shall not increase any nonconformities.
(3)
Flexibility. In reviewing a Special Permit application for a personal
wireless service facility, the SPGA may reduce the required setback
distance of the zoning district by as much as 50% of the required
distance if it finds that a substantially better design will result
from such reduction. In making such a finding, the special permit
granting authority shall consider both the visual and safety impacts
of the proposed use.
F.
Design standards. Personal wireless service facilities shall be camouflaged
as follows:
(1)
Camouflage by preexistent buildings or structures.
(a)
When a personal wireless service facility extends above the
roof height of a building on which it is mounted, every effort shall
be made to conceal the facility within or behind preexistent architectural
features to limit its visibility from public ways. Facilities mounted
on a roof shall be stepped back from the front facade in order to
limit their impact on the building's silhouette.
(b)
Personal wireless service facilities which are side-mounted
shall blend with the preexistent building's architecture and, if over
5 square feet, shall be shielded with material which is consistent
with the design features and materials of the building.
(2)
Camouflage by vegetation. If personal wireless service facilities
are not camouflaged from public viewing areas by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted personal wireless service
facilities shall provide a year-round vertical evergreen vegetated
buffer of 50 feet, or 75% of the overall height of the structure,
in all directions. Trees and vegetation may be preexistent on the
subject property or installed as part of the proposed facility, or
a combination of both. Vegetation should be natural in appearance
and consistent with the surroundings.
(3)
Color.
(a)
Personal wireless service facilities which are side-mounted
on buildings shall be painted or constructed of materials to match
the color of the building material directly behind them.
(b)
To the extent that any personal wireless service facilities
extend above the height of the vegetation immediately surrounding
it, they can be painted in a light gray or light blue hue which blends
with sky and clouds.
G.
Equipment shelters. Equipment shelters for personal wireless service
facilities shall be designed consistent with 1 of the following design
standards:
(1)
Equipment shelters must be located in underground vaults;
(2)
Equipment shelters must be designed consistent with traditional materials,
color and design of the area; or
(3)
Equipment shelters must be camouflaged behind an effective year-round
landscape buffer, equal to the height of the proposed building, and/or
wooden fence acceptable to the permitting authority.
H.
Lighting and signage.
(1)
Personal wireless service facilities shall be lighted only if required
by the Federal Aviation Administration (FAA). Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties.
(2)
Signs shall be limited to those needed to identify the property and
the owner and warn of any danger. All signs are subject to review
by the SPGA.
(3)
All ground-mounted personal wireless service facilities shall be
surrounded by a security barrier.
I.
Historic buildings.
(1)
Any personal wireless service facilities located on or within an
historic structure shall not alter the character defining features,
distinctive construction methods or original historic materials of
the building.
(2)
Any alteration made to an historic structure to accommodate a personal
wireless service facility shall be fully reversible.
J.
Scenic roads. No facility, other than a small wireless facility mounted on a utility pole within a Town right-of-way and approved under Subsection C(2), shall be located within 300 feet of a scenic road. If the facility is located farther than 300 feet from the scenic road, the applicant must adhere to Dover's Rules and Regulations Governing Scenic Roads for any access from a scenic road.
K.
Environmental standards.
(1)
Personal wireless services facilities shall not be located in wetlands.
Locating of wireless facilities in wetland buffer areas shall be avoided
whenever possible, and disturbance to wetland buffer areas shall be
minimized. All Conservation Commission regulations and procedures
must be followed.
(2)
No hazardous waste shall be discharged on the site of any personal
wireless service facility. If any hazardous materials are to be used
on site, there shall be provisions for full containment of such materials.
An enclosed containment area shall be provided with a sealed floor
designed to contain at least 110% of the volume of the hazardous materials
stored or used on site. The applicant must comply with all federal,
state and local regulations governing hazardous materials.
(3)
Stormwater runoff as a result of the wireless facility shall be contained
on site.
(4)
Ground-mounted equipment for personal wireless service facilities
shall not generate acoustic noise in excess of 50 dB at the security
barrier.
(5)
Roof-mounted or side-mounted equipment for personal wireless service
facilities shall not generate noise in excess of 50 dB at ground level
at the base of the building closest to the antenna.
L.
Safety standards; radio frequency radiation (RFR) standards. All
equipment proposed for a personal wireless service facility shall
be authorized per the FCC Guidelines for Evaluating the Environmental
Effects of Radiofrequency Radiation (FCC Guidelines) or any other
applicable FCC guidelines and regulations.
M.
Application procedures.
(1)
Special permit granting authority (SPGA). The special permit granting
authority (SPGA) for personal wireless service facilities shall be
the Planning Board.
(2)
Preapplication conference. Prior to the submission of an application
for a Special Permit under this regulation, the applicant is strongly
encouraged to meet with the SPGA at a public meeting to discuss the
proposed personal wireless service facility in general terms and to
clarify the filing requirements.
(3)
Preapplication filing requirements. The purpose of the conference
is to inform the SPGA as to the preliminary nature of the proposed
personal wireless service facility. As such, no formal filings are
required for the preapplication conference. However, the applicant
is encouraged to prepare sufficient preliminary architectural and/or
engineering drawings to inform the SPGA of the location of the proposed
facility, as well as its scale and overall design.
N.
Regulations. All applications shall comply with rules and regulations
regarding the application process and filing requirements as may be
adopted by the Planning Board.
O.
Collocation.
(1)
Licensed carriers shall share personal wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of personal wireless service facilities that are standalone facilities.
However, pursuant to the foregoing Section C(2), only one such small
wireless facility may be located on any utility pole. All applicants
for a Special Permit for another type of personal wireless service
facility shall demonstrate a good faith effort to collocate with other
carriers. Such good faith effort includes:
(a)
A survey of all preexistent structures that may be feasible
sites for collocating personal wireless service facilities;
(b)
Contact with all other licensed carriers for commercial mobile
radio services operating in the Commonwealth of Massachusetts; and
(c)
Sharing information necessary to determine if collocation is
feasible under the design configuration most accommodating to collocation.
(2)
An applicant shall demonstrate to the Planning Board that it has
made a good faith effort to collocate its facility upon an existing
facility. The Town may retain a technical expert in the field of RF
engineering and/or a structural engineer to verify if collocation
at the site is not feasible or is feasible given the design configuration
most accommodating to collocation. The cost for such a technical expert
will be at the expense of the applicant. The Town may deny a Special
Permit to an applicant who has not demonstrated a good faith effort
to provide for collocation.
(3)
If the applicant does intend to collocate or to permit collocation,
the Town shall request drawings and studies which show the ultimate
appearance and operation of the personal wireless service facility
at full build-out.
(4)
If the SPGA approves collocation for a personal wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Subsection C, facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit.
(5)
In order to determine compliance with all applicable FCC regulations,
estimates of RFR emissions will be required for all facilities, including
proposed and future facilities, both for the applicant and all collocators.
P.
Modifications. A modification of a personal wireless service facility
may be considered equivalent to an application for a new personal
wireless service facility and will require a Special Permit when any
of the following events apply:
(1)
The applicant and/or co-applicant proposes to add any equipment or
additional height not specified in the original design filing; or
(2)
The applicant and/or co-applicant proposes to alter the terms of
the Special Permit by changing the personal wireless service facility
in one or more of the following ways:
Q.
Monitoring and maintenance.
(1)
After the facility is in operation, the applicant shall submit to
the SPGA, within 90 days of beginning operations and at annual intervals
from the date of issuance of the Special Permit, preexistent and current
RFR measurements. Such measurements shall be signed and certified
by an independent RF engineer, stating that RFR measurements are accurate
and are in compliance or how the measurements fail to comply with
all applicable FCC Guidelines as specified in Subsection N(6) of this
section. The measurements shall be submitted for both the applicant
and all collocators.
(2)
After the personal wireless service facility is in operation, the
applicant shall submit to the SPGA, within 90 days of the issuance
of the Special Permit, and at annual intervals from the date of issuance
of the Special Permit, preexistent and current measurements of acoustic
noise from the personal wireless service facility. Such measurements
shall be certified and signed by an independent acoustical engineer,
stating that noise measurements are accurate and meet the noise standards
specified in the Planning Board Rules and Regulations.
(3)
After the facility is in operation, the applicant shall submit to
the SPGA by February 1 of each year, an annual report documenting
the maintenance activities that were undertaken during the previous
calendar year as well as a report on changes in technology that may
impact the facility during the upcoming year or following years.
(4)
The applicant and co-applicant shall maintain the personal wireless
service facility. Such maintenance shall include, but shall not be
limited to, painting, structural integrity and landscaping.
(5)
The applicant shall submit, on an annual basis, information regarding
technology changes within the industry that may influence design or
service.
(6)
Failure to submit the information required in this section shall
result in a fine of not more than $300 for each offense. Each day
that such violation continues shall constitute a separate offense.
R.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier will
notify the Town by certified United States mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the personal wireless service facility shall be considered
abandoned upon discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier shall physically
remove the personal wireless service facility within 90 days from
the date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain the after-condition.
(3)
As a condition of any Special Permit for the placement, construction
or modification of a personal wireless service facility, a carrier
shall place into escrow a sum of money to cover the costs of removing
the facility from the subject property and, furthermore, said funds
shall be held by an independent escrow agent to be appointed by the
carrier and the SPGA. The carrier shall authorize and, as necessary,
shall obtain the authorization of the owner of the property to allow
the escrow agent to enter upon the subject property to remove the
facility when the facility has been abandoned or discontinued.
(4)
A facility shall be deemed to be abandoned or discontinued if it
has not been used for the purpose for which it was originally constructed
for a period of 6 months or more. Any change in use requires a change
of use permit. Once abandonment or discontinuance has occurred, the
carrier shall remove the facility from the subject property within
90 days. In the event that the carrier fails to remove the facility,
the Town shall give notice to the carrier and the independent escrow
agent that the facility shall be removed by the escrow agent forthwith
and the escrow agent, after affording written notice 7 days in advance
to the carrier, shall remove the facility.
S.
Reconstruction or replacement of preexistent nonconforming personal
wireless service facilities. Personal wireless service facilities
that were in existence at the time of adoption of this section may
be reconstructed, altered, extended or replaced by Special Permit,
provided that the SPGA finds that such reconstruction, alteration,
extension or replacement will not be substantially more detrimental
to the neighborhood and/or the Town than the preexistent nonconforming
structure. In making such a determination, the SPGA shall consider
whether the proposed reconstruction, alteration, extension or replacement
will create public benefits, such as opportunities for collocation,
improvements in public safety and/or reduction in visual and environmental
impacts.
T.
Performance guaranties.
(1)
Insurance in a reasonable amount determined and approved by the SPGA
after consultation at the expense of the applicant with 1 or more
insurance companies shall be in force to cover damage from the structure,
damage from transmissions and other site liabilities. Annual proof
of said insurance shall be filed with the Town Clerk.
(2)
After the facility is in operation, the applicant shall submit to
the SPGA by February 1 of each year, an annual report documenting
the facility's annual maintenance costs during the previous calendar
year and the existence of sufficient funds to cover annual maintenance
costs during the upcoming year or following years.
(3)
Annual certification demonstrating continuing compliance with the
standards of the Federal Communications Commission, Federal Aviation
Administration and the American National Standards Institute shall
be filed with the Building Inspector by the Special Permit holder.
U.
Term of Special Permit. A Special Permit issued for any personal
wireless service facility shall be good for 5 years, and the Special
Permit may be renewed under the same criteria as the original Special
Permit, provided that the application for renewal of the Special Permit
is made prior to the expiration date of the original or any renewed
Special Permit. Additional measures governing the administration of
the Special Permit may be found in Planning Board Regulations.
V.
Administration of this chapter. In accordance with § 185-52, Special permits, the Planning Board, as the special permit granting authority, may authorize the hiring of private consultants at the applicant's expense. For the purposes of review of personal wireless service facilities this provision includes consultation with an independent RF engineer to review and evaluate the information submitted by the applicant.
[Added ATM 5-12-2014 by Art. 17]
A.
Location: Registered marijuana dispensaries are allowed only in the
Business and Medical-Professional Districts and not within 200 feet
of a school or day-care center.
B.
Permitting: Registered marijuana dispensaries must have a state license
and are allowed only by special permit from the Planning Board, and
permits are not transferable without approval of the Planning Board.
C.
Hours of operation: maximum of 8:00 a.m. to 8:00 p.m. Monday to Friday,
8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
D.
Size: limited to a minimum of 1,000 and a maximum of 6,000 square
feet.
E.
Reporting: Registered marijuana dispensaries must reveal the names
of individuals involved in the ownership and management of the facility
and provide an annual report on its operations.
F.
Bonding/abandonment: a bond sufficient to remove all aspects of the
registered marijuana dispensary in the event it ceases operations.
[Added ATM 5-2-2016 by
Art. 16]
A.
Purpose.
(1)
The purpose of this bylaw is to promote and regulate the use
of commercial and municipal solar photovoltaic facilities within the
Town of Dover and encourage their location and use in a manner which
minimizes negative visual and environmental impacts on scenic, natural
and historic by providing standards for the placement, design, construction,
operation, monitoring, modification and removal of such installations.
The purpose is also to address public safety and to provide adequate
financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the
construction, operation, and/or repair of large-scale ground-mounted
solar photovoltaic installations. This section also pertains to physical
modifications that materially alter the type, configuration, or size
of these installations or related equipment. This provision does not
apply to the construction or use of any solar energy systems or the
building of structures that facilitate the collection of solar energy,
as exempted by M.G.L. Chapter 40A, Section 3.
B.
APPURTENANT FACILITIES
AS-OF-RIGHT SITING
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
RELATED EQUIPMENT or FACILITIES
SECURITY BARRIER
Definitions.
A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations,
and transmission lines, or otherwise supports the functioning of the
solar photovoltaic installation.
As-of-right siting shall mean that development may proceed
without the need for a Special Permit, variance, amendment, waiver,
or other discretionary approval. As-of-right development may be subject
to site plan review.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum rated nameplate
capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
Any equipment, building, structure, access way, landscaping
or other means used to support the operation of a solar photovoltaic
installation.
A locked, impenetrable wall, fence or berm, or combination
thereof, which completely seals an area from unauthorized entry or
trespass.
C.
Solar Photovoltaic Overlay District. In order to allow new solar
photovoltaic facilities to be located efficiently and in areas that
will have the least visual and environmental impact, there is hereby
created the following Solar Photovoltaic Overlay District (SPOD):
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This District shall include all land within the parcels shown
on Assessors Map 19, Parcels 002, 004A and that portion of Parcel
004 that is north of the natural gas pipeline easement. Said location
is shown on a Zoning Map entitled "Solar Photovoltaic Overlay District,"
pursuant to Massachusetts General Laws Chapter 40A, Section 4. This
map is hereby made a part of this Zoning Bylaw and is on file in the
Office of the Town Clerk.
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D.
General requirements for all large-scale solar power generation installations.
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical, and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
(2)
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 Planning Board in accordance with Section 185-46.1[1] prior to construction, installation or modification as
provided in this section. The Planning Board shall provide the Board
of Selectmen, the Long-Range Planning Committee, the Superintendent
of Streets, and the Building Inspector with copies of the site plan
application and request their review and written comment on such application.
Any such comments and recommendations received in writing by the Planning
Board within 30 days of providing the site plan application shall
be considered in determining whether to approve a site plan.
(3)
General. All plans and maps shall be prepared, stamped and signed
by a Professional Engineer licensed to practice in Massachusetts.
(4)
Required documents.
(a)
Pursuant to the site plan review process, the project applicant
shall provide the following:
[1]
A site plan showing:
[a]
Property lines and physical features, including
roads, for the project site;
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[c]
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;
[d]
One- or three-line electrical diagram detailing
the solar photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices;
[e]
Documentation of the major system components to
be used, including the PV panels, mounting system, and inverter;
[f]
Name, address, and contact information for proposed
system installer;
[g]
Name, address, phone number and signature of the
project applicant, as well as all co-applicants or property owners,
if any;
[h]
The name, contact information and signature of
any agents representing the project applicant; and
[2]
Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];
[4]
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];
[5]
Proof of liability insurance; and
[6]
A public outreach plan, including a project development
timeline, which indicates how the project applicant will inform abutters
and the community about the project.
(b)
The Planning Board may waive documentary requirements as it
deems appropriate.
(5)
Site control. The project applicant 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.
(6)
Operation and maintenance plan. The project applicant 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, stormwater
controls, as well as general procedures for operational maintenance
of the installation, including both functional and aesthetic aspects
of the site.
(7)
Utility notification. No large-scale ground-mounted solar photovoltaic
installation shall be constructed until evidence has been given to
the Planning Board 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's or operator's intent to
install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
(8)
Dimension and density requirements.
(a)
Setbacks. For large-scale ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be 40 feet.
(b)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
applicable regulations concerning the bulk and height of structures,
lot area, setbacks, 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 screened from view by vegetation and/or joined
or clustered to avoid adverse visual impacts.
(9)
Design standards.
(a)
Lighting. Lighting of solar photovoltaic installations shall
be consistent with local, state and federal law. Lighting shall be
limited to that required for safety and operational purposes, and
shall be shielded from abutting properties. Lighting of the solar
photovoltaic installation and site shall be directed downward and
shall incorporate full cut-off fixtures to reduce light pollution.
(b)
Signage.
[1]
Signs on large-scale ground-mounted solar photovoltaic
installations shall comply with the sign bylaw and sign regulations.[2] A sign consistent with the sign bylaw shall be required
to identify the owner and provide a twenty-four-hour emergency contact
phone number.
[2]
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.
(c)
Utility connections. Reasonable efforts, as determined by the
Planning Board during site plan review, shall be made to place all
utility connections from the solar photovoltaic installation underground,
depending on appropriate soil conditions, shape, and topography of
the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be above ground if required
by the utility provider.
(10)
Safety and environmental standards.
(a)
Emergency services. The large-scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the local 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.
(b)
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.
(11)
Monitoring and maintenance.
(a)
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, site landscaping
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.
(b)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board as a modification of the site
plan.
(12)
Abandonment or decommissioning.
(a)
Removal requirements.
[1]
Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection D(12)(b) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board 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 revegetation of the site as necessary
to minimize erosion. The Planning Board may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation, but otherwise the
site shall be restored as nearly as possible to its original condition.
[2]
A performance guarantee running to the Town of
Dover, secured by surety or by money or negotiable securities deposited
with the Town Treasurer in such amounts as the Board shall determine
to be sufficient to cover the cost of Items [a], [b] and [c] above,
shall be required as a condition of site plan approval. The performance
guarantee shall be executed and provided to the Town prior to the
issuance of any building permit for the site.
(b)
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 Planning
Board.
