A.
Applicability. Applications for building permits or certificates
of use and occupancy involving creation of, addition to, or substantial
alteration of a parking area, if either it serves a nonresidential
principal use or if it serves only a residential use and has 10 or
more parking spaces, or if there is a change in use on a site, shall
be subject to site plan review.
[Amended 5-2-2011 ATM by Art. 20; 10-28-2013 STM by Art. 8]
B.
Procedure.
(1)
Applications subject to site plan review shall be
accompanied by three prints of plans of the proposal. The Building
Inspector shall forward two copies to the Planning Board for its review,
and shall not approve any application subject to such review without
receipt of written plan approval by the Planning Board or its designated
agent, unless 60 days elapse from the date of the first Planning Board
meeting following transmittal of plans to the Board.
[Amended 10-24-2000]
(2)
If, after receiving an application, the Planning Board
determines that in order to review that application it requires technical
advice unavailable from municipal employees, it may employ outside
consultants. Whenever possible it shall work cooperatively with the
applicant to identify appropriate consultants and to negotiate payment
of all of consultant fees by the applicant. Alternatively, the Board
may require that the applicant pay a reasonable review fee for the
employment of outside consultants chosen by the Board alone.
C.
Drawing requirements. A site plan shall be submitted
that accurately, and at a scale and in detail acceptable to the Planning
Board, locates the boundaries of the lot, adjacent streets or ways,
existing and proposed structures, walkways and principal drives and
service entries, parking, landscaping, screening, recreation areas,
utilities, and storm drainage. For plans creating more than 35,000
cubic feet of building volume or more than 25 parking spaces, site
plans must be prepared by a registered architect, landscape architect,
or professional engineer, unless this requirement is waived by the
Planning Board prior to application because of unusually simple circumstances.
For premises in the Light Industry, Light Industry 2 or Enterprise
District, submittals to the Planning Board shall also include ground
floor plans and architectural elevations.
[Amended 5-3-1988; 6-11-1991; 5-5-2008 ATM by Art. 14; 5-6-2013 ATM by Art. 12]
D.
Decision. Plans shall be approved provided that the Planning Board determines that, subject to any corrections it may require, the requirements of §§ 220-35 to 220-38 will be satisfied; in areas changed in zoning district subsequent to October 7, 1985, the plans are consistent with a concept plan approved at the time of rezoning or subsequently by two-thirds vote of an Annual or Special Town Meeting, or with a special permit authorizing departure from such plan (see § 220-63, Concept plans), and that no other conflicts between the proposal and the Zoning Bylaw have been observed.
[Amended 5-3-1988]
A.
Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of Chapter 301, Subdivision of Land, of the Code of the Town of Lancaster, currently in effect; and shall be so designed that for the given location and type and extent of land use, the design of building form, building location, egress points, grading, and other elements of the development shall be so as to:
[Amended 5-5-2008 ATM by Art. 14; 10-6-2008 STM by Art.
12]
(1)
Minimize the volume of cut and fill, the number of
removed trees six-inch-trunk diameter and larger, the area of wetland
vegetation displaced, the extent of stormwater flow increase from
the site, soil erosion, and threat of air or water pollution;
(2)
Maximize pedestrian or vehicular safety and convenience
within the site and egressing from it;
(3)
Minimize obstruction of water views; minimize the
visibility of parking, storage, or other outdoor service areas viewed
from public ways or premises residentially used or zoned; and minimize
glare from headlights or area lighting.
(4)
Assure that the design and location of structures
on the site avoid damage to or incompatibility with historical and
archeological resources, such as antique buildings and structures,
barns, stonewalls, earthworks and graves.
[Added 10-6-2008 STM by Art. 12]
B.
Building design. Within Light Industry, Light Industry 2 or Enterprise Districts, approval of proposals subject to review under § 220-34 shall require a special permit under Subsection C of this section if involving a new building or a building alteration or extension visible from a public way or public property, unless it meets each of the following:
[Amended 6-11-1991; 5-5-2008 ATM by Art.
14; 5-6-2013 ATM by Art. 12]
(1)
Primary wall and roof surfaces appear similar to the
materials commonly found on existing buildings within the Town;
(2)
Major dimensions of the building are approximately
parallel or perpendicular to one or more nearby streets, if within
100 feet of such street;
(3)
The building is not made in effect a sign through
painting with bold colors or other graphics devices, or through otherwise
unnecessary use of unconventional building form;
(4)
There is some element of consistency with any buildings
on abutting premises if facing the same street, such as eave height,
wall materials, or window proportions.
(5)
If the building exceeds 35,000 cubic feet and contains
at least twice the cubage of a principal building on any abutting
lot, the building design uses breaks in massing, roof planes, wall
planes, and other means to reduce the apparent difference in scale.
C.
Special permits. Special permits required under Subsection B of this section shall be acted upon by the special permit granting authority (SPGA) otherwise required to act upon the application or, if none is otherwise required, by the Planning Board. Such special permits shall be approved if meeting any one or more of the following.
(2)
The proposal, despite not meeting one or more of the
guide lines, is appropriate to its context, considering the established
character of the vicinity, the degree of departure by the proposal
from that character, and the functional or symbolic role the structure
is intended to play, or
(3)
No better compliance would be reasonably possible,
considering the basic use and intensity of the proposal, or
(4)
The proposal will have minimal consequences for Town
appearance because of its low public visibility, owing to obscure
location or screening.
D.
Guidelines. The Planning Board shall adopt and from
time to time amend reasonable guidelines and regulations for their
administration
[Amended 10-6-2008 STM by Art. 12]
[Amended 10-6-2008 STM by Art. 12]
[Amended 10-6-2008 STM by Art. 12]
No activity shall be permitted unless the following
are met:
A.
Standard. No sound, noise, vibration, odor, or flashing
(except for warning devices, temporary construction or maintenance
work, parades, special events, or other special circumstances) shall
be observable without instruments more than 200 feet from the boundaries
of the originating premises at locations within a GI District, or
more than 40 feet from the boundaries at locations within any other
district. However, the Planning Board may authorize on special permit
an activity not meeting these standards, in cases where the Board
determines that, because of peculiarities of location or circumstance,
no objectionable conditions will thereby be created for the use of
other properties.
B.
Performance compliance. For a proposed facility whose
future compliance with this requirement is questionable, the Building
Inspector may require that the applicant furnish evidence of probable
compliance, whether by example of similar facilities or by engineering
analysis. Issuance of a permit on the basis of that evidence shall
certify the Town's acceptance of the conformity of the basic structure
and equipment, but future equipment changes and operating procedures
must be such as to also comply with this standard.
[Added 10-6-2008 STM by Art. 12]
A.
Objective. The regulation of outdoor lighting is intended
to enhance public safety and welfare by providing for adequate and
appropriate outdoor lighting, provide for lighting that will complement
the character of the Town, reduce glare, minimize light trespass,
and reduce the cost and waste of unnecessary energy consumption.
B.
Applicability.
(1)
The requirements of this section shall apply
to outdoor lighting on lots and parcels in all districts, but shall
not apply to one- and two-family dwellings on lots on which they are
the principal use, streetlighting, lights that control traffic, or
other lighting for public safety on streets and ways.
(2)
When an existing outdoor lighting installation
is being modified, extended, expanded or added to, the entire outdoor
lighting installation on the lot shall be subject to the requirements
of this section if 20% or more of the fixtures will be new or altered.
(3)
Nonconforming temporary outdoor lighting necessitated
by construction, special nonrecurrent events, or emergency contingencies
may be used upon issuance of a temporary lighting permit by the Building
Inspector.
C.
COLOR RENDERING INDEX (CRI)
CUTOFF ANGLE
DIRECT LIGHT
FIXTURE
FOOTCANDLE
FULLY SHIELDED LUMINAIRE
GLARE
HEIGHT OF LUMINAIRE
INDIRECT LIGHT
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
Definitions. For the purpose of this section, the
following words and phrases shall have the following meanings:
A measurement of the amount of color shift that objects undergo
when lighted by a light source as compared with the floor of those
same objects when seen under a reference light source of comparable
color temperature. CRI values generally range from zero to 100, where
100 represents incandescent light.
The angle formed by a line drawn from the direction of the
direct light rays at the light source with respect to the vertical,
beyond which no direct light is emitted.
Light emitted from the lamp, off the reflector or reflector
diffuser, or through the refractor or diffuser lens, of a luminaire.
The assembly that houses a lamp or lamps, and which may include
a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror, and/or a refractor, lens or diffuser lens.
A unit of illumination. One footcandle is equal to one lumen
per square foot.
A lamp and fixture assembly designed with a cutoff angle
of 90°, so that no direct light is emitted above a horizontal
plane.
Light emitted from a luminaire with an intensity great enough
to produce annoyance, discomfort, or a reduction in a viewer's ability
to see.
The vertical distance from the finished grade of the ground
directly below to the lowest direct light-emitting part of the luminaire.
Direct light that has been reflected off other surfaces not
part of the luminaire.
The component of a luminaire that produces the actual light.
The shining of direct light produced by a luminaire beyond
the boundaries of the lot or parcel on which it is located, or on-site
lighting producing more than 0.3 footcandles horizontal brightness
at ground level at any point off premises, except within a street.
A measure of light energy generated by a light source. One
footcandle is one lumen per square foot. For purposes of this bylaw,
the lumen output shall be the initial lumen output of a lamp, as rated
by the manufacturer.
A complete lighting system, including a lamp or lamps and
a fixture.
D.
Plan contents. Wherever outside lighting is proposed,
every application for a building permit, electrical permit, special
permit, variance, or site plan shall be accompanied by a lighting
plan which shall show:
(1)
The location and type of any outdoor luminaires,
including the height of the luminaire;
(2)
The luminaire manufacturer's specification data,
including lumen output and photometric data showing cutoff angles;
(3)
The type of lamp, such as metal halide, compact
fluorescent, LED or high-pressure sodium;
[Amended 5-7-2018 ATM by Art. 11]
(4)
That light trespass onto any street or abutting
lot will not occur. This may be demonstrated by manufacturer's data,
cross-section drawings, or other means.
E.
Control of glare and light trespass:
(1)
Any luminaire with a lamp or lamps rated at
a total of more than 2,000 lumens shall be of fully shielded design.
(2)
All luminaires, regardless of lumen rating,
shall be equipped with whatever additional shielding, lenses, or cutoff
devices are required to eliminate light trespass onto any street or
abutting lot or parcel and to eliminate glare perceptible to persons
on any street or abutting lot or parcel.
(3)
Subsection E(1) above shall not apply to any luminaire intended solely to illuminate any freestanding sign or the walls of a building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.
(4)
All lamps subject to this bylaw shall have a
minimum color temperature of 2,000° K. and a maximum color temperature
of 4,500° K.
[Amended 5-7-2018 ATM by Art. 11]
(5)
Control of illumination levels. All parking areas and pedestrian facilities serving nonresidential uses and open to the general public shall be provided with illumination during all hours from dusk to dawn while those facilities are open to the general public. Such illumination shall provide not less than 0.2 average maintained horizontal footcandles. However, in performing site plan review under § 220-34, the Planning Board may approve alternative arrangements if it determines that, because of special circumstances or alternative provisions, the specified illumination is not necessary or appropriate for the protection of the public safety.
[Amended 5-7-2018 ATM by Art. 11]
F.
Lamp types:
(1)
Lamp types shall be selected for optimum color
rendering as measured by their color rendering index (CRI), as listed
by the lamp manufacturer. Lamps with a color rendering index lower
than 50 are not permitted. This subsection shall not apply to temporary
decorative lighting which may include colored lamps, such as holiday
lighting.
(2)
No flickering or flashing lights shall be permitted.
Processes, such as arc welding, which create light flashes shall be
confined within buildings or shielded to prevent either direct glare
or flashing.
(3)
A luminaire attached to the exterior of a building
or structure for area lighting shall be mounted no higher than 20
feet above grade and shall be shielded to control glare.
(4)
A luminaire attached to a pole shall be mounted
no higher than 20 feet above grade and shall be shielded to control
glare.
G.
Hours of operations. Outdoor lighting shall not be
illuminated between 11:00 p.m. and 6:00 a.m., with the following exceptions:
(1)
If the use is being operated, such as a business
open to customers, or where employees are working, or where an institution
or place of public assembly is conducting an activity, normal illumination
shall be allowed during the activity and for not more than 1/2 hour
after activity ceases;
(2)
Low-level lighting sufficient for the security
of persons or property on the lot may be in operation between 11:00
p.m. and 6:00 a.m., provided the average illumination on the ground
or on any vertical surface is not greater than 0.5 footcandles.
H.
Special permits. In accordance with § 220-35, Subsection C, the Planning Board, acting as the special permit granting authority, may grant a special permit modifying the requirements of this section, provided it determines that such modification is consistent with the objectives set forth in § 220-36.2, Subsection A.
[Amended 5-7-2018 ATM by Art. 11]
[Amended 10-6-2008 STM by Art. 12]
[Amended 10-6-2008 STM by Art. 12]
A.
Applicability. Street, sideline, parking area, and district boundary plantings shall be provided as specified below when any new building, addition, or change of use requires a parking increase of 10 or more spaces. In performing site plan review under § 220-34, the Planning Board may authorize alternatives to the following specifications, taking into consideration existing vegetation, topography, soils, and other site conditions, provided that equivalent screening, shading, and articulation are achieved.
B.
Plantings. Required plantings shall include both trees
and shrubs, and may include ones existing on the site. To be credited
towards meeting these requirements, trees must be at least 2 1/2
inches in caliper four feet above grade, be of a species common in
the area, and be ones which reach an ultimate height of at least 30
feet. To be credited towards meeting these requirements, shrubs must
be at least 24 inches in height at the time of building occupancy,
reach an ultimate height of at least 36 inches, and be of a species
common in the area. Plantings shall consist of at least one tree per
30 linear feet of planting area length and at least one shrub per
three feet. Plantings preferably will be grouped, not evenly spaced,
and shall be located or trimmed to avoid blocking egress visibility.
The planting area shall be unpaved except for access drives and walks
essentially perpendicular to the area.
C.
Street planting area. Street planting is required
for nonresidential premises abutting an arterial street, as designated
on the Zoning Map. Required street planting shall be provided within
15 feet of the street property line along the entire street frontage
except at drives.
D.
Sideline planting area. Sideline planting is required
for premises abutting an arterial street. Required sideline planting
shall be provided within five feet of the side lot line between the
front lot line and the building setback (as built, not as required).
E.
Parking area plantings. A minimum of 2% of the interior
area of parking lots containing 30 or more spaces must be planted.
A minimum of one tree and four shrubs exclusive of perimeter plantings
must be planted for every 1,500 square feet of parking lot. Planting
areas must each contain not less than 30 square feet of unpaved soil
area. Trees and soil plots shall be so located as to provide visual
relief and wind interruption within the parking area, and to assure
safe patterns of internal circulation.
F.
District boundary planting area. District boundary
planting is required on any premises along the full length of any
boundary abutting or extending into a Residential District and being
developed for a use not allowed in that Residential District, unless
abutting property is determined by the Building Inspector to be unbuildable
or visually separated by topographic features. Required planting shall
be located within 10 feet of the boundary.
G.
Existing vegetation. Wherever possible, the above
requirements shall be met by retention of existing plants. If located
within 25 feet of a street, no existing tree of six-inch-trunk diameter
or greater (measured four feet above grade), dense hedgerow of four
or more feet in both depth and height, or existing earth berm providing
similar visual screening shall be removed or have grade changed more
than one foot unless dictated by plant health, access safety, or identification
of the premises.
H.
Exceptions. Where plant materials as required would
harmfully obstruct a scenic view, substitution of additional low level
plantings which will visually define the street edge or property line
may be authorized, provided that proposed buildings are also designed
and located to preserve that scenic view.
I.
Maintenance. All plant materials required by this
bylaw shall be maintained in a healthful condition. Dead limbs shall
be promptly removed, and dead plants shall be replaced at the earliest
appropriate season.
J.
Enterprise district vegetated buffer: In lieu of § 220-37.1F, whenever a development in an Enterprise District abuts a residential property or residential district, the development shall provide a vegetated buffer for a parallel depth of 100 feet from the abutting side/rear property lines. The buffer zone shall consist of existing natural vegetation supplemented with a variety of trees and shrubs in order to provide visual relief from the proposed development. The approving board may require a vegetated border along the residential property or district that consists of staggered rows of shrubs and trees, the majority of which shall be evergreen. The border vegetation shall reach a height of 10 feet within four years of planting and shall provide visual screening of the development.[1] The approving board may waive the requirements of this
section if it determines that the abutting property is unbuildable
or visually separated by natural or topographic features.
[Added 5-6-2013 ATM by
Art. 12]
[1]
The Town Planner may provide a list of recommended plantings
to achieve this purpose.
[Added 10-6-2008 STM by Art. 12]
A.
Stabilization. Any area of bare earth exposed through
nonresidential and nonagricultural building development must be permanently
stabilized through replanting, paving or other means of eliminating
wind or water erosion. Such stabilization must be completed prior
to building occupancy, or a performance bond must be posted in an
amount sufficient to assure completion of such work.
B.
Requirements. Parties planning construction which will expose more than 43,560 square feet (one acre) of bare earth during development, through either removal or filling on the same parcel or on contiguous parcels in the same ownership, must apply for, obtain and comply with a stormwater management permit through the Planning Board, per the Stormwater Management Bylaw, Chapter 170 of the Town of Lancaster Bylaws. In addition, the following must be complied with:
(1)
Stripping of vegetation, regrading or other
development shall be done in a way which will minimize soil erosion.
An erosion and sediment control plan shall be submitted having sufficient
information on existing and proposed topography, vegetation and control
measures to allow determination of compliance.
(2)
Whenever practical, natural vegetation shall
be retained, protected and supplemented.
(3)
The disturbed area shall be kept to a minimum.
(4)
Where necessary, temporary vegetation and/or
mulching shall be used to protect areas exposed during development.
(5)
Sediment basins (debris basins, desilting basins,
silt traps) shall be installed and maintained where necessary to remove
sediment from runoff waters from land that is undergoing development.
(6)
Open drainage features (detention basins, vegetated
swales, rain gardens) shall be installed and maintained where necessary
to collect runoff waters and allow them to recharge the underlying
soils.
(7)
The angle of vegetated slopes and fills shall
be no greater than the angle which can be retained by vegetative cover
or alternative proposed erosion control devices or structures. In
any event, slopes left exposed must immediately be planted or otherwise
provided with permanent ground cover or other means sufficient to
retain erosion.
(8)
A ground cover sufficient to retain erosion
must be planted or otherwise provided within 30 working days, season
permitting, on any portion of the tract upon which further active
construction is not being undertaken.
(9)
The development plan or land-disturbing activity
shall be fitted to the topography and soils as to create the least
erosion potential.
C.
Referrals. The Building Inspector may require review
of erosion control proposals by the Soil Conservation Service or other
experts in soil mechanics in cases where doubt as to adequacy of proposed
measures exists. Selection of techniques and determination of adequacy
of measures shall, unless otherwise specified, be consistent with
Guidelines for Soil and Water Conservation in Urbanizing Areas of
Massachusetts, USDA Soil Conservation Service, 1975.[1]
[Amended 10-6-2008 STM by Art. 12]
[Added 10-6-2008 STM by Art. 12]
A.
Objective. To document existing neighborhood parking
conditions, to evaluate the off-site impacts of the proposed parking,
and to mitigate any adverse parking impacts on the neighborhood.
B.
Format and scope. All applications for site plan review
shall provide the following documentation regarding the proposed parking
design:
(1)
Existing off-site and on-street neighborhood
parking conditions, including identification of streets likely to
be affected by traffic or other impacts of the proposed development.
(2)
Projected impact of proposed parking on the
neighborhood.
(3)
Proposed mitigation measures for adverse impacts
identified above. Information should include area of parking shaded
by trees, area of screening, alternative pavers, and creative parking
lot design.
(4)
The design of the parking facility shall take
into consideration natural, cultural and historical features and setting,
as well as the scale of the facility in relation to the building(s)
on the site.
C.
Parking design standards. The Board will review the
parking design documentation and evaluate for the following:
(1)
Hazards. The parking area and access roads shall
not create a hazard to abutters, vehicles or pedestrians.
(2)
Placement of parking facilities. Parking facilities
shall be at the rear or side(s) of the principal structure and shall
not abut a public way for more than 20 feet. If site encumbrances
make this requirement impossible to achieve, parking may be allowed
to abut a public way only if the parking lot is buffered and screened
from the public way using dense, native vegetation to the greatest
extent possible. The design of the parking facility shall take into
consideration natural, cultural and historical features and setting.
(3)
Pedestrian and bicycle access. Provisions for
pedestrian and bicycle access shall be safe and convenient, so that
the development as a whole enhances rather than degrades access by
foot or bicycle. Parking areas shall accommodate pedestrian access
through the use of raised crosswalks, usable landscaped islands, benches,
and abundant shade trees, among other design attributes.
(5)
Emergency access. Appropriate access for emergency
vehicles shall be provided to the principal structure. Such access
need not be paved, yet shall be stable and constructed to withstand
a fire vehicle.
(6)
Size of facility. Parking lots shall be configured
so that no section of lot shall contain more than 50 spaces, and each
section of the lot shall be visually separated from any other section
of the lot on- or off-premises through the use of major landscaping,
earthen berms or grade changes. No more parking than is required by
this bylaw shall be provided unless the applicant demonstrates to
the satisfaction of the Planning Board that unusual circumstances
justify the amount of parking proposed as being necessary despite
reasonable efforts at parking demand reduction.
[Added 10-6-2008 STM by Art. 12]
A.
Objectives. To document existing traffic conditions
(both vehicular and pedestrian) in the vicinity of the proposed project,
to describe the volume and effect of projected traffic generated by
the proposed project, and to identify measures proposed to mitigate
any adverse impacts on traffic.
B.
Applicability. The Board may request an applicant
for site plan review to prepare a traffic impact assessment even if
the project does not meet any of the following criteria. The Board
may also waive all or part of the traffic impact assessment if a project
does meet any of the following criteria. Projects with one or more
of the following characteristics shall prepare a traffic impact assessment:
(1)
Proposing 30 or more parking spaces;
(2)
Proposing a vehicular service establishment,
such as a gasoline service station; a facility for the sale, rental
or repair of motor vehicles; or car wash establishment;
(3)
Containing frontage and access on a state-numbered
highway and proposing more than six parking spaces.
C.
Qualifications. The traffic impact assessment shall
be prepared by a registered professional civil or traffic engineer
in the Commonwealth of Massachusetts.
D.
Format and scope. All applications for site plan review
shall provide the following documentation as part of the traffic impact
assessment:
(1)
Existing traffic conditions. Average daily and
peak-hour volumes, average and peak speeds, sight distances, accident
data, and levels of service (LOS) of intersections and streets likely
to be affected by the proposed development. Generally, such data shall
be presented for all streets and intersections adjacent to or within
1,000 feet of the projected boundaries or impacted by the development
and shall be no more than six months old at the date of application.
Further, information regarding existing pedestrian circulation and
ways shall be provided.
(2)
Projected traffic conditions for design year
of occupancy. Statement of design year of occupancy, background traffic
growth for the previous five years, impacts of proposed developments
which have already been approved in part or in whole by the Town.
(3)
Projected impact of proposed development. Projected
peak-hour and daily traffic generated by the development on roads
and ways in the vicinity of the development; sight lines at the intersections
of the proposed driveways and streets; existing and proposed traffic
controls in the vicinity of the proposed development; proposed pedestrianways
and design elements to maximize pedestrian safety and usage; and projected
post-development traffic volumes and level of service (LOS) of intersections
and streets likely to be affected by the proposed development.
(4)
Proposed measures to minimize traffic conflict
and mitigate any affected intersections or ways.
E.
Traffic impact standards. The Board will review the
traffic impact assessment and evaluate for the following:
(1)
Level of service. The level of service (LOS)
of all impacted intersections and streets shall be adequate following
project development, or the total value of off-site traffic improvements
required or approved by the Planning Board as a condition of approval
in any location within the Town affected by the proposed project shall
be roughly proportional to the cost of mitigating the effects of the
proposed project. For purposes of this standard:
(a)
LOS shall be determined according to criteria
set forth by the Transportation Research Board of the National Research
Council.
(b)
"Impacted" means intersections projected to
receive at least 5% of the anticipated average daily or peak-hour
traffic generated by the proposed development.
(c)
"Adequate" shall mean a level of service "B"
or better for all streets and intersections, with the exception of
"D" or better for all state-numbered highways and their intersections
or, if Level D has already been reached or exceeded, no further decline
in the level of service.
(d)
"Mitigating" shall mean the strategies and methods
used to ensure that the LOS is adequate in all impacted areas.
(2)
Traffic conflict. The proposed site plan shall
minimize points of traffic conflict, both pedestrian and vehicular.
The following guidelines shall be used to achieve this standard:
(a)
Entrance and exit driveways shall be so located
and designed as to achieve maximum practicable distance from existing
and proposed access connections from adjacent properties.
(b)
Where possible, adjoining parcels shall have
unified access and promote interparcel circulation.
(c)
Left-hand turns shall be minimized.
(d)
Driveways shall be so located and designed as
to discourage the routing of vehicular traffic to and through residential
streets.
(e)
Pedestrian and bicycle circulation shall be
accommodated on and off site and shall be separated from motor vehicle
circulation as much as practicable. Existing pedestrianways shall
be maintained and where no pedestrianways exist, proposals shall create
pedestrianways and connections between streets, the proposed development,
surrounding neighborhoods, and other surrounding uses. Said ways shall
be landscaped and handicapped accessible.
A.
Purpose of district. The purpose of this Water Resource
District is:
(1)
To promote the health, safety, and general welfare
of the Community by ensuring an adequate quality and quantity of drinking
water for the residents, institutions, and businesses of the Town
of Lancaster,
(2)
To preserve and protect existing and potential sources
of drinking water supplies,
(3)
To conserve the natural resources of the Town, and
(4)
To prevent temporary and permanent contamination of
the environment.
B.
Scope of authority. The Water Resource District is
an overlay district superimposed on all other zoning districts. The
overlay district shall apply to all new construction, reconstruction,
or expansion of existing buildings and new or expanded uses. Applicable
activities or uses which fall within the Water Resource District must
comply with the requirements of this district as well as with the
underlying zoning. Uses that are prohibited in the underlying zoning
districts shall not be permitted in the Water Resource District.
C.
AQUIFER
IMPERVIOUS SURFACES
MINING
RECHARGE AREAS
TOXIC OR HAZARDOUS MATERIAL
WATER RESOURCE DISTRICT
ZONE II
ZONE III
Definitions. For the purpose of this section, the
following words and phrases shall have the following meanings:
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
The removal or relocation of geological materials such as
topsoil, sand, gravel, metallic ores, or bedrock.
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone
I, Zone II, or Zone III.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual or potential hazard to
human health if such substance or mixture were discharged to land
or water of the Town of Lancaster. Toxic or hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids, and alkalis,
and all substances defined as "toxic" or "hazardous" under MGL c.
21C and c. 21E and 310 CMR 30.00 and also include such products as
solvents and singers in quantities greater than normal household use.
The zoning district defined to overlay other zoning districts
in the Town of Lancaster. The Water Resource District may include
specifically designated recharge areas.
The area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can be
realistically anticipated [180 days of pumping at safe yield with
no recharge from precipitation, as defined in 310 Code of Massachusetts
Regulations (CMR) 22.00].
The land area beyond the area of Zone II from which surface
water and groundwater drain into Zone II, as defined in 310 CMR 22.00.
D.
Establishment and delineation of Water Resource District. For the
purpose of this district, there are hereby established within the
Town of Lancaster certain groundwater protection areas, consisting
of aquifers or recharge areas which are delineated on the map titled
"Lancaster, MA: Official Zoning Overlay Map" (220 Attachment 3), dated
April 2011, as may be amended from time to time by Town Meeting vote
under the recommendation of a registered professional engineer (civil
or sanitary), hydrologist, geologist, or soil scientist. This map
is hereby made a part of the Town of Lancaster Zoning Bylaw and is
on file in the office of the Town Clerk.
[Amended 5-2-2011 ATM by Art. 21; 10-28-2013 STM by Art. 7]
E.
District boundary disputes.
(1)
If the location of the district boundary in relation
to a particular parcel is in doubt, resolution of boundary disputes
shall be through a special permit application to the Planning Board,
which will act as the special permit granting authority (SPGA). Any
application for a special permit for this purpose shall be accompanied
by adequate documentation.
(2)
The burden of proof shall be upon the owner(s) of
the land in question to show where the bounds should properly be located.
At the request of the owner(s), the Town of Lancaster may engage a
registered professional engineer (civil or sanitary), hydrologist,
geologist, or soil scientist to determine more adequately the boundaries
of the district with respect to individual parcels of land, and may
charge the owner(s) for all or part of the cost of the investigation.
F.
Use regulation. In the Water Resource District, the
following regulations shall apply:
(1)
Permitted uses. The following uses are permitted within
the Water Resource District provided that all necessary permits, orders,
or approvals required by local, state or federal laws are also obtained:
(a)
Conservation of soil, water, plants and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing,
and hunting where otherwise legally permitted;
(c)
Foot, bicycle, and/or horse paths, and bridges;
(d)
Normal operation and maintenance of existing
water bodies and dams, splash boards, and other water control supply
and conservation devices;
(h)
Construction, maintenance, repair, and enlargement
of drinking water supply related facilities such as, but not limited
to, wells, pipelines, aqueducts, and tunnels. Underground storage
tanks related to these activities are not categorically permitted.
(2)
Prohibited uses. The following uses are prohibited:
(a)
Landfills and open dumps as defined in 310 CMR
19.006;
(b)
Storage of liquid petroleum products, except
the following:
[1]
Normal household use, outdoor maintenance, and
heating of a structure;
[2]
Waste oil retention facilities required by statute,
rule, or regulation;
[3]
Emergency generators required by statute, rule,
or regulation;
[4]
Treatment works approved under 314 CMR 5.00 for treatment of ground- or surface waters; provided that storage, listed in Subsection F(2)(a) through this (d) above, is in freestanding containers within buildings or above ground with secondary containment, adequate to contain a spill the size of the containers total storage capacity.
(c)
Land filling of sludge or septage as defined
in 310 CMR 32.05;
(d)
Storage of sludge and septage, unless such storage
is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
(e)
Individual sewage disposal systems that are
designed in accordance with 310 CMR 15.00 to receive more than 110
gallons of sewage per quarter acre under one ownership per day, or
440 gallons of sewage on any acre under one ownership per day, whichever
is greater, except the replacement or repair of an existing system
that will not result in an increase in design capacity above the original
design;
(f)
Storage of de-icing chemicals unless such storage,
including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate;
(g)
Storage of animal manure unless covered or contained;
(h)
Earth, removal, consisting of the removal of
soil, loam, sand, gravel, or any other earth material (including mining
activities) to within six feet of historical high groundwater as determined
from monitoring wells and historical water table fluctuation data
complied by the United States Geological Survey, except for excavations
for building foundations, roads, or utility works;
(i)
Facilities that generate, treat, store, or dispose
of hazardous waste subject to MGL c. 21C and 310 CMR 30 except the
following:
(j)
Automobile graveyards and junkyards, as defined
in MGL c. 140B, § 1;
(k)
Treatment works that are subject to 314 CMR
5 including privately owned sewage treatment facilities, except the
following:
[1]
The replacement or repair of an existing treatment
works that will not result in a design capacity of the existing treatment
works;
[2]
The replacement of existing subsurface sewage
disposal system(s) with wastewater treatment works that will not result
in a design capacity greater than the design capacity of the existing
system(s);
[3]
Treatment works approved by the Massachusetts
Department of Environmental Protection designed for the treatment
of contaminated groundwater.
(l)
Storage of liquid hazardous materials as defined
in MGL c. 21E, unless in a freestanding container within a building
or above ground with secondary containment adequate to contain a spill
the size of the container's storage capacity;
(m)
Industrial and commercial uses which discharge
process wastewater on site;
(n)
Stockpiling and disposal of snow and ice containing
de-icing chemicals if brought in from outside the district;
(o)
Storage of commercial fertilizers and soil conditioners,
as defined in MGL c. 128, § 64, unless such storage is within
a structure designated to prevent the generation and escape of contaminated
runoff or leachate;
(p)
The use of septic system cleaners, which contain
toxic or hazardous chemicals.
(3)
Uses and activities requiring a special permit. The
following uses and activities are permitted only upon the issuance
of a Special permit by the special permit granting authority (SPGA)
under such conditions as it may require:
(a)
Enlargement or alteration of existing uses that
do not conform to the Water Resource District;
(b)
The application of pesticides, including herbicides,
insecticides, fungicides, and rodenticides, for nondomestic or nonagricultural
uses in accordance with state and federal standards. The special permit
shall be granted if such standards are met. If applicable, the applicant
should provide documentation of compliance with a yearly operating
plan (YPO) for vegetation management operations under 333 CMR 11 or
a Department of Food and Agriculture approved pesticide management
plan or integrated pest management (IPM) program under 333 CMR 12;
(c)
The application of fertilizers for nondomestic
or nonagricultural uses. Such applications shall be made in a manner
so as to minimize adverse impacts on groundwater due to nutrient transport,
deposition, and sedimentation;
(d)
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Subsection (3)(b). Such activities shall require a special permit to prevent contamination of groundwater;
(e)
The construction of dams or other water control
devices, ponds, pools or other changes in water bodies or -courses,
created for swimming, fishing, or other recreational uses, agricultural
uses, or drainage improvements. Such activities shall not adversely
affect water quality or quantity;
(f)
Any use that will render impervious more than
15% or 2,500 square feet of any lot, whichever is greater. A system
for groundwater recharge must be provided which does not degrade groundwater
quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar system covered with natural vegetation,
and dry wells shall be used only where other methods are infeasible.
For all nonresidential uses, all such basins and wells shall be preceded
by oil, grease, and sediment traps to facilitate removal of contamination.
Any and all recharge areas shall be permanently maintained in full
working order by the owner.
(4)
The SPGA may adopt regulations to govern design features
of projects. Such regulations shall be consistent with subdivision
regulations adopted by the municipality.
(5)
The applicant shall file six copies of a site plan
and attachments. The site plan shall be drawn at a proper scale as
determined by the SPGA and be stamped by a professional engineer.
All additional submittals shall be prepared by qualified professionals.
The site plan and its attachments shall at a minimum include the following
information where pertinent:
(a)
A complete list of chemicals, pesticides, herbicides,
fertilizers, fuel, and other potentially hazardous materials to be
used or stored on the premises in quantities greater than those associated
with normal household use;
(b)
For those activities using or storing such hazardous
materials, a hazardous materials management plan shall be prepared
and filed with the Hazardous Materials Coordinator, Fire Chief, and
Board of Health. The plan shall include:
[1]
Provisions to protect against the discharge
of hazardous materials or wastes to the environment due to spillage,
accidental damage, corrosion, leakage, or vandalism, including spill
containment and clean up procedures;
[2]
Provisions for indoor, secured storage of hazardous
materials, and wastes with impervious floor surfaces;
[3]
Evidence of compliance with the regulations
of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including
obtaining an EPA identification number from the Massachusetts Department
of Environmental Protection.
(c)
Proposed downgradient location(s) for groundwater
monitoring well(s), should the SPGA deem the activity a potential
groundwater threat.
(6)
The SPGA shall hold a hearing, in conformity with
the provision of MGL c. 40A, § 9, within 65 days after the
filing of the application, and after the review by the Town, boards,
departments, and commissions. Notice of the public hearing shall be
given by publication and posting and by first-class mailings to "parties
of interest" as defined in MGL c. 40A, § 11. The decision
of the SPGA and any extension, modification, or renewal thereof shall
be filed with the SPGA and Town Clerk within 90 days following the
closing of the public hearing. Failure of the SPGA to act within 90
days shall be deemed as a granting of the permit. However, no work
shall commence until a certification is recorded as required by said
MGL c. 40A, § 11.
(7)
Written notice of any violations of this section shall
be given by the Building Inspector to the responsible person as soon
as possible after detection of a violation or a continuing violation.
Notice to the assessed owner of the property shall be deemed notice
to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance. A copy of such notice shall be submitted
to the Building Inspector, the Board of Health, the Conservation Commission,
(Town) Engineer/Department of Public Works, and Water Department.
The cost of containment shall be borne by the owner and operator of
the premises.
(8)
For situations that require remedial action to prevent
adverse impact to the water resources within the Water Resource District,
the Town of Lancaster, the Building Inspector, the Board of Health,
or any of their agents may order the owner or operator of the premises
to remedy the violation. If said owner and/or operator does not comply
with said order, the Town of Lancaster, the Building Inspector, the
Board of Health, or any of their agents, if authorized to enter upon
such premises under the terms of the special permit or otherwise,
may act to remedy the violation. The remediation cost shall be the
responsibility of the owner and operator of the premises.
G.
Procedures for issuance of special permit.
(1)
The special permit granting authority (SPGA) under
this bylaw shall be the Town of Lancaster Planning Board. Such special
permit shall be granted if the SPGA determines, in conjunction with
the Board of Health, the Conservation Commission, (Town) Engineer/Department
of Public Works and Planning Board that the intent of this bylaw as
well as specific criteria are met. The SPGA shall not grant a special
permit under this section unless the petitioner's application materials
include, in the SPGAs opinion, sufficiently detailed, definite and
credible information to support positive findings in relation to the
standards given in this section. The SPGA shall document the basis
for any departures from the recommendations of the other (Town) boards
or agencies in its decision.
(2)
Upon receipt of the special permit application, the
SPGA shall transmit one copy to the Planning Board, Board of Health,
the Conservation Commission, and the (Town) Engineer/Department of
Public Works for their written recommendations. Failure to respond
in writing within 35 days of receipt by the Board shall indicate approval
or no desire to comment by said agency. The necessary number of copies
of the application shall be furnished by the applicant.
(3)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Subsection F of this bylaw, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter,
adversely affect the existing or potential quality or quantity of
water that is available in the Water Resource District, and
(b)
Be designed to avoid substantial disturbance
of the soils, topography, drainage, vegetation, and other water-related
natural characteristics of the site to be developed.
(4)
The special permit granting authority may retain qualified
experts at the reasonable expense of the applicant if necessary in
order to evaluate the application.
(5)
Conditions. Special permits shall be granted only
subject to such conditions as necessary to assure adequate safeguarding
of water quality, which may include the following, among others:
(a)
Monitoring wells to be located downgradient
of potential pollution sources, with periodic sampling to be provided
to the Board of Health at the owner's expense.
(b)
Pollutant source reduction, including limitations
on use of parking area de-icing materials and periodic cleaning or
renovation of pollution control devices, such as catch basin sumps.
H.
Severability. A determination that any portion or
provision of this overlay protection district is invalid shall not
invalidate any other portion thereof, nor shall it invalidate any
special permit previously issued thereunder.