[Added 9-22-2008 STM by Art. 4]
The purposes of the Planned Industrial Development District
(PIDD) are:
A.
To encourage diversity in the community tax base through appropriate
industrial development;
B.
To encourage the development of flexible industrial space and adaptive
reuse of existing buildings in the district;
C.
To encourage sound site planning and design to prevent negative impacts
to the health, safety, or general welfare of the public or the neighboring
land uses; and
D.
To minimize potential adverse environmental conditions, such as pollution
and noise, associated with industrial development.
The boundary of the Planned Industrial Development District
is shown on the Town of Dalton Zoning Map, which map is hereby incorporated
and made part of this bylaw.
A.
Uses in the Planned Industrial Development District shall be permitted as of right, permitted as of right with site plan review, permitted by special permit or not permitted as shown in § 350-22, Table of Use Regulations.
B.
Uses in the Planned Industrial Development District shall comply
with all other applicable parts of this article in addition to the
provisions of applicable articles and sections of the Zoning Bylaw
of the Town of Dalton. Where the requirements of other articles and
sections of this bylaw differ, the requirements of the Planned Industrial
Development District shall govern. All uses shall conform with local,
state and federal regulations, including but not limited to the Dalton
Board of Health, Massachusetts Department of Public Health, Massachusetts
Department of Environmental Protection, United States Environmental
Protection Agency, National Institute for Occupational Safety and
Health (NIOSH) and Occupational Safety and Health Administration (OSHA).
All uses in the Planned Industrial Development District shall be connected
to a municipal or permitted water supply and sewer.
C.
In addition to the requirements shown in § 350-22, Table of Use Regulations, F, Permitted Accessory Uses, the following accessory structures and uses are allowed in the Planned Industrial Development District as of right with site plan review, provided they are customarily incidental to permitted uses: retail sales, cafeterias, automatic teller machines and day-care facilities, provided that the accessory use is limited to no more than 20% of the floor area of the principal use.
Uses not specifically permitted in the Planned Industrial Development
District are prohibited.
Applications for permits to establish any of the uses herein
shall be accompanied by such plans and information as are required
by this article and any other applicable articles and sections of
this bylaw or as may be reasonably required by the Site Plan Review
Agent or special permit granting authority in order that the proposal
of the applicant may be clearly understood and compliance with the
provisions, intent and purpose of this bylaw be established.
A.
Submittal requirements for site plan review.
(1)
A key map at a scale of not less than one inch to 800 feet showing
the relation of the subject property to adjoining properties, existing
streets, roads and railroad rights-of-way within 1,000 feet of any
part of the property.
(2)
A map indicating the uses of all property within 200 feet of
the proposed site, including any subdivided lands, parks or other
open space or uses, residences, business, industries or other buildings
or structures, such uses to be shown on a drawing to scale.
(3)
Topographic map of the property at two-foot contour intervals,
showing the existing and proposed grades and the location of natural
features, such as streams, swamps, rock outcrops and major trees six
inches or more in diameter at a point four feet above ground level.
(4)
A site plan, indicating but not limited to the following:
(a)
The proposed use or uses of land and buildings, and the proposed
location, size and height of the building, including preliminary architectural
drawings;
(b)
The location and design of off-street parking and loading areas;
(c)
All means of vehicular ingress and egress to and from the site
onto public streets and the relationship to street circulation;
(d)
Location and type of recreational facilities, if any;
(e)
Location of all existing or proposed site improvements, including
drains, culverts, retaining walls and fences; description of methods
of water supply and sewage disposal, and location of such facilities;
and location of all proposed water lines, valves and hydrants;
(f)
The proposed outdoor lighting, signs, screening, fencing and
landscaping;
(g)
A complete list of chemicals, pesticides, herbicides, fuels
or other potentially hazardous materials or waste to be used or stored
on the premises; and
(h)
The proposed noise levels emanating from the site from stationary
and mobile sources.
(5)
A detailed computation of total lot area, of building floor
area for each type of proposed use and lot coverage by all buildings.
(6)
The proposed accessory use or uses of buildings, structures
or land.
(7)
Site plan or any portion thereof, involving engineering, architecture
or land surveying, shall be prepared by a duly licensed engineer,
architect, landscape architect or land surveyor. A site plan may be
prepared on one or more sheets to show clearly the information required
herein and to facilitate the review and approval of the plan. Every
site plan shall show the name of the development, the name and address
of the record owner or developer, North point, scale, date, all easements
or rights-of-way provided for public services or utilities. It shall
reserve a blank space in the upper right corner three inches wide
and five inches high for the use of the approving authority. Site
plans shall be prepared to a scale of not smaller than one inch equals
100 feet.
Any site plan may be revised by following the same procedure as required for the original approval. Waivers of any of the foregoing submittal requirements set forth in § 350-106.5 may be granted when such waiver is not contrary to the public interest and not inconsistent with the provisions, intent and purpose of this article.
Approval of a site plan shall lapse in one year if a substantial
use or construction has not begun by such date except for good cause.
Additionally, once substantial construction has begun, the proposed
construction shall be completed within one year unless otherwise specified
as part of the site plan approval.
For the purposes of this article, the Site Plan Review Agent shall be the Building Inspector. Site plan approval by the Site Plan Review Agent shall be required for any uses listed in § 350-22, Table of Use Regulations, subject to development standards in § 350-106.12. Such approval shall not be withheld unless the proposed development will violate any provisions of this bylaw, in which case the Site Plan Review Agent may require such revision of the plan as may be necessary to insure compliance with applicable provisions of this bylaw. Applicants for site plan review not able to comply with the provisions of this article may request a special permit pursuant to the requirements of this article. No building permit shall be issued for any building or structure in any area covered by the site plan, except in conformity with such site plan which has been duly approved, unless 30 days have elapsed from the date of submission of the site plan review application to the Site Plan Review Agent without any action by the Site Plan Review Agent. A site plan, once approved, shall become a part of a building permit.
For the purposes of this article, the special permit granting authority shall be the Planning Board, unless otherwise indicated in § 350-22, Table of Use Regulations. Special permit approval by the special permit granting authority shall be required for any uses listed in § 350-22, Table of Use Regulations, subject to development standards in § 350-106.12. Except where this article contains different requirements, the requirements of Article XI shall apply to special permits. Any application for a special permit under this article shall be accompanied by and comply with the submittal requirements for site plan approval.
The Site Plan Review Agent or the special permit granting authority
at its sole discretion may require studies to be prepared, at the
applicant's expense, to make findings regarding access, water supply,
sewerage disposal, water quality, stormwater management, erosion control,
rare and endangered species, and historic and archaeological sites,
among other possible studies. These consultant(s) may be retained
at the applicant's expense under MGL c. 44, § 53G.
No certificate of occupancy shall be issued for use of any building
or structure or use of land under this article, unless the building
or structure is constructed or used or the land is developed or used
in conformity with an approved site plan, special permit or any amendment
of such plan or permit.
The following standards shall apply to applications permitted
under this article.
B.
C.
Landscaping:
(1)
Street buffer strip: Except for a required sidewalk, a landscaped
buffer strip at least 10 feet wide, continuous except for approved
driveways, shall be established adjacent to any public road to visually
separate parking and other uses from the road.
(2)
District buffer strip: A continuous natural or landscaped buffer
strip of at least 50 feet in width shall be provided and maintained
between industrial districts and any residential districts and/or
property lines. The buffer strip shall be of a density to substantially
screen the development in question from view, along the zoning district
line in question. Plantings of various approved evergreen species
are encouraged and shall have a minimum four inches in diameter measured
four feet from ground level.
(3)
Large parking areas: Parking areas containing over 30 spaces
shall have at least one shade tree per 10 parking spaces, such tree
to be a minimum of four inches in diameter four feet from the ground
and located either in or adjacent to the parking area.
(4)
Fencing: Fencing may be allowed in conjunction with plantings.
(5)
Berms: Berms may be required in appropriate circumstances.
(6)
Screened areas: Exposed storage areas, refuse disposal facilities,
machinery, service areas, truck loading areas, utility buildings and
structures and other similar uses shall be screened from view from
neighboring properties and streets using dense, hardy evergreen plantings,
earthen berms or walls or tight fences complemented by evergreen plantings.
(7)
Maintenance: All landscaping features, structures and areas
shall be properly maintained.
D.
Signs and advertising devices: Signs and advertising devices shall comply with the requirements set forth in Article XVIII.
E.
Stormwater management:
(1)
All development shall comply with the Department of Environmental
Protection's (DEP) Stormwater Management Policy (including Phase II
Stormwater Management requirements) to ensure that the rate of surface
water runoff from the site shall not be increased after construction.
(2)
Where applicable, no approval shall be issued unless a report
shall have been received from the Dalton Stormwater Management Commission
or its agent that the storm drainage system is consistent with DEP
Stormwater Management Policy and that there is sufficient storm drainage
capacity to meet the flow demands of the proposed development on site,
and where applicable, without causing surge in those storm drainage
lines which serve the project and are consistent with the standards
of the Town.
F.
Site development standards:
(1)
Land disturbance: Site building design should reduce unnecessary
land disturbance to the extent possible.
(2)
Site design: Placement of buildings, structures, or parking
facilities shall relate to the site's scenic qualities and shall blend
with the natural landscape to the extent possible.
(3)
Archeological or historical resources: Applicants may be required
to submit the proposed development plan to the Dalton Historical Commission
and/or the Massachusetts Historical Commission for review and comment
regarding possible archaeological or historical resources on the site.
(4)
Preservation of existing vegetation: To the extent possible,
priority shall be given to the preservation of existing stands of
trees, trees at site perimeter, contiguous vegetation with adjacent
sites (particularly existing sites protected through conservation
restrictions), and specimen trees.
(5)
Finished grade: Finished grades should be limited to no greater
than a 3:1 slope while preserving, matching or blending with the natural
contours and undulations of the land to the greatest extent possible.
(6)
Topsoil: A minimum of six inches of topsoil shall be placed
on all disturbed surfaces which are proposed to be planted.
G.
Pedestrian and vehicular access; traffic management: The proposed
development shall provide a transportation plan showing the proposed
parking, loading, and traffic circulation within the site, access
and egress points and other features related to traffic generated
by the proposed use. For projects subject to a special permit the
transportation plan may be required to be prepared by a qualified
traffic consultant and may be required to show proposed mitigation
measures. In addition, for projects subject to a special permit a
transportation impact study and transportation demand management plan
may be required. Transportation shall meet the following standards.
(1)
Access:
(a)
To the extent feasible, access shall be provided via one of
the following:
(b)
Access and egress to a development with frontage on more than
one street shall be in a manner that causes the least impact to the
surrounding neighborhoods.
(c)
Access shall be obtained from existing driveways where such
access is safe and efficient. Where two or more accessways now exist,
access may be limited to the more safe and efficient location.
(d)
Curb cuts: Curb cuts shall be limited to the minimum width for
safe entering and exiting and shall in no case exceed 30 feet in width
unless waived for commercial truck traffic.
(e)
Interior circulation: The proposed development shall ensure
safe interior circulation within its site by accommodating and separating
pedestrians and vehicular traffic and ensuring safe access to all
users of the site.
(f)
Sight distance: Adequate sight distance shall be provided and
maintained at all access locations, egress locations and all intersections
affected by the development. At a minimum, these site distances shall
meet standards articulated in the Massachusetts Highway Department
and American Association of State Highway Transportation Official
standards for safe-stopping sight distances.
(g)
Parking areas: Where feasible, parking areas should to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood. No off-street parking area shall be located in the required front yard. Parking to meet minimum requirements specified in § 350-41 shall be paved with hard surface material such as bituminous concrete. Parking in addition to minimum standards may be other than a hard surface material, provided it shall be treated with a surface binder, gravel, crushed stones or other material to prevent dust and erosion.
(h)
Traffic calming features: Traffic calming measures may be required.
(i)
Level of service maintenance or improvement: The suggested level
of service (LOS) of intersections impacted by the traffic generated
by the development shall be:
[1]
For newly constructed floor area, LOS "D" or better;
[2]
For projects subject to a special permit, present
LOS if present level of service is "D" or lower where such suggested
standard is not met, or where a proposed project will result in an
increase of 10 seconds of delay to a signalized intersection, the
special permit granting authority may require the applicant to provide
detailed plans (including reconstruction concepts) that when implemented
would result in an intersection LOS as set forth above, or a return
to existing conditions, whichever is applicable.
(j)
Dangerous intersections: For projects subject to a special permit,
safety improvements may be required for any net increase in traffic
volumes of 10% or more at an intersection that has an accident history
of more than five accidents in the last three years for which data
is available.
(2)
There shall be a report from the Traffic Commission confirming
that the proposed site development provides for adequate parking,
adequate traffic circulation and transportation capacity for the site.
H.
Utilities; security; emergency systems: Projects may not overburden
Town infrastructure services, including water, gas, electrical and
wastewater systems. Building design may make use of water-conserving
plumbing and minimize the amount of stormwater runoff through the
use of best management practices for stormwater management. Further,
buildings may be designed to make use of natural and energy resources
efficiently in construction, maintenance, and long-term operation
of the building, including supporting mechanical systems that reduce
the need for mechanical equipment generally and its location on the
roof specifically. Compliance with the Leadership in Energy and Environmental
Design (LEED) certification standards and other evolving environmental
efficiency standards shall be encouraged.
(1)
Wastewater treatment and disposal: There shall be a report from
the Board of Health confirming that the proposed site development
provides for wastewater treatment and/or disposal in a manner that
is consistent with regulations of the Commonwealth of Massachusetts
and the Dalton Board of Health.
(2)
Water: There shall be a report from the Water Department confirming
that there shall be sufficient water capacity to meet the flow demands
of the proposed use without causing municipal water flow characteristics
off site to fall below the standards adopted by the Town.
(3)
Site security: There shall be a certification by the Police
Chief or his or her designee that the petitioner has provided a written
plan for site security, which plan has been approved by the Police
Chief or his or her designee.
(4)
Underground: All electrical, cable and telecommunications lines
shall be installed underground.
(5)
Fire alarm system: There shall be sufficient municipal fire
alarm system capacity to meet the operating requirements of the proposed
site development and use under applicable codes, regulations, and
statutes enforced by the Fire Chief or his or her designee.
I.
Hazardous materials or waste:
(1)
Those businesses using or storing such hazardous materials shall
submit a hazardous materials management plan that complies with the
regulations of the Massachusetts Hazardous Waste Management Act, 310
CMR 30. Said plan shall also be submitted to the Fire Chief and Board
of Health.
(2)
There shall be reports from the Fire Chief and Board of Health
confirming that an acceptable hazardous materials management plan
has been prepared.
J.
General performance standards: The applicant shall demonstrate compliance with the general performance standards specified in § 350-90.
K.
Dust, fumes, vapors, gases and odors: Emission of dust, dirt, fly
ash, fumes, vapors or gases that could be injurious to human health,
animals or vegetation; detrimental to the enjoyment of adjoining or
nearby properties; or that could soil or stain persons or property,
at any point beyond the lot line of the use generating such emission,
shall be prohibited. In addition, no land use or establishment shall
be permitted to produce harmful, offensive or bothersome odors, scents
or aromas (such as, but not limited to, those produced by manufacturing
process, commercial food preparation, food processing, fish sales,
rendering, fermentation process, decaying organic matter, and incinerators)
perceptible beyond its lot lines, either at ground or habitable elevation.
The location and vertical height of all exhaust fans, vents, chimneys
or any other sources discharging or emitting smoke, fumes, gasses,
vapors, odors, scents or aromas shall be shown on the site plan with
a description of the source materials. In no case shall dust, fumes,
vapors, gases or odors regulated by this article exhaust onto adjoining
properties.
For a site plan approval or a special permit under this article, the Planning Board may waive any of the development standards set forth in § 350-106.12 where such waiver is consistent with public health and safety, and where such waiver does not undermine the purposes of this article and the proposed development will serve the goals and objectives set forth in § 350-106.1.
The applicant may propose specific design alternatives and/or
off-site improvements to municipal facilities to meet the development
standards. Where such proposal is acceptable such design alternatives
and improvements may be incorporated as a condition of the special
permit, if granted. Where such mitigation is required, reasonable
conditions may be imposed, including, but not limited to, the following:
A.
Timing: All improvements may be required to be completed prior to
the issuance of either a building permit or a certificate of occupancy
for the proposed development. Improvements associated with a phased
development may be required to be completed for that phase prior to
the issuance of either a building permit or a certificate of occupancy
for such phase.
B.
Cost of improvements: The required design work and cost of construction
and implementation of improvements required as a condition of a special
permit shall be the full responsibility of the applicant.
C.
Cost of review and inspection: The cost of review of plans and the
cost of periodic inspection of work during construction shall be the
full responsibility of the applicant and shall be charged in accordance
with procedural requirements to be adopted and from time to time as
may be amended by the Planning Board.
D.
Specifications: All work proposed to improve or upgrade Town utilities
and services shall be done according to the specifications established
by the appropriate Town department or official.
E.
Road and intersection improvements: All road and intersection improvements
proposed as part of development and redevelopment shall be consistent
with local plans.
The special permit granting authority may ensure compliance
with these performance standards at the application stage by requiring
evidence of probable compliance, whether by example of similar facilities
or by engineering analysis, verified by technical peer review. In
addition, the special permit granting authority may require a monitoring
program at the applicant's expense for compliance purposes for a time
period as may be specified in the special permit.
