The purpose is to provide for commercial uses that provide employment
opportunities and offer needed goods and services, while not imposing
hazards or nuisances on neighboring residential uses, industrial uses,
and the environment.
Within any General Business District, as indicated on the Zoning
Map, no building or premises shall be used and no building or structure
shall be erected which is intended or designed to be used, in whole
or in part, for other than one or more of the following specified
uses:
A.
Retail sales outlet except adult bookstores and adult motion picture
theaters as defined in MGL Chapter 40A, Section 9A.
B.
Restaurant or other facility for the preparation of food for retail
sale on premises.
C.
Entertainment or recreation facility.
D.
Professional or business office.
E.
Office service such as travel or financial agency.
F.
Retail service or repair shop.
G.
Veterinary hospital.
H.
Medical or dental office or clinic.
I.
Medical, dental, or optical laboratory.
J.
Barber shop, beauty parlor, or health spa.
K.
Public or private club.
L.
Hotel or motel.
M.
Automotive service station.
N.
Nursery or greenhouse for plant materials to be sold at retail on
premises.
O.
Funeral parlor.
P.
Exempt uses.
Q.
Wholesale sales outlets incidental to a retail sales outlet, of which
such wholesale sales outlet use does not exceed 20% of the entire
use.
R.
Wireless communications sites. The following wireless communications
sites are allowed by right:
(1)
Towers under 100 feet in height erected for the exclusive use
of a federally licensed amateur radio operator, provided however,
that commercial/non-accessory uses on such towers may be allowed by
Special Permit in accordance with the Zoning Bylaw.
(2)
The placement of transmitting or receiving equipment within
existing structures so that such equipment is not visible from the
outside of the structure.
(3)
The placement of transmitting or receiving equipment on the
exterior face or roof of existing structures provided such equipment
does not exceed the highest point of the structure by more than 20
feet.
(4)
Any equipment, including towers, in existence as of April 3,
1997, can be altered, maintained or replaced by right so long as such
alteration, maintenance or replacement does not represent an increase
or intensification of the use or height of such equipment. This provision
does not allow new commercial or non-accessory uses to be added to
existing equipment or towers, except as otherwise provided by Special
Permit.
S.
Municipal buildings, structures, facilities, or uses owned and operated
by the Town of Dartmouth.
(1)
No use will be permitted which will produce a nuisance or hazard
from fire, explosion, toxic or corrosive fumes, gas, smoke, odors,
obnoxious dust or vapor, harmful radioactivity, offensive noise or
vibration, flashes, objectionable effluent or electrical interference
which may affect or impair the normal use and peaceful enjoyment of
any property, structure, or dwelling in the neighborhood.
(2)
In all cases, the applicant shall certify to the Building Commissioner,
through the appropriate engineer certified in Massachusetts, that
the equipment or tower proposed conforms to all local, State, and
Federal laws and regulations prior to construction or installation.
T.
Agricultural uses.
(1)
Agricultural Uses are uses which include the use of land for
agricultural purposes such as dairying, equine activities, pasturage,
animal and poultry husbandry, crop production, truck farming, horticulture,
floriculture, forestry, aquaculture, hydroponics or viticulture and
uses ancillary to these activities.
(2)
The purpose of defining and setting standards for agricultural
uses is to encourage legitimate agricultural uses in the Town of Dartmouth
by allowing these uses to function with minimal conflict. This agricultural
use regulation applies to all agricultural uses, provided that these
uses shall enjoy all the rights and privileges, and be subject to
those liabilities, afforded to such uses under Massachusetts General
Laws. Massachusetts laws shall apply in the event that it affords
more protection to agricultural uses above five acres in area than
does this By-law.
(3)
The right to farm is hereby recognized to exist in the Town
and is hereby declared a permitted use provided it is in conformance
with all other federal, state and local law. The right to farm includes
but is not limited to:
(a)
Production of crops, trees, foods, fibers, apiary and forest
products, livestock, poultry, and other agricultural commodities.
(b)
Housing of farm laborers located on the farm at which they are
employed, subject to State building codes and Town zoning.
(c)
Erection of agricultural buildings, including those dedicated
to the processing and packaging of the output of the farm and those
ancillary to agricultural production.
(d)
Grazing of animals and use of range for fowl.
(e)
Construction of fences.
(f)
Operation and transportation of large, slow-moving equipment
over roads within the Town.
(g)
Control of pests, including, but not limited to, insects and
weeds, predators and diseases of plants and animals, subject to Massachusetts
Pesticide Board regulations.
(h)
Conducting agriculture-related educational and farm-based recreational
activities provided that the activities are related to marketing the
agricultural output or services of the farm.
(i)
Use of any and all equipment accessory to agriculture, including
but not limited to: irrigation pumps and equipment, aerial and ground
seeding and spraying, tractors, harvest aids, and bird control devices.
(j)
Processing and packaging of the agricultural output of the farm.
(k)
Operation of a farmer's market or farm stand with attendant
signage, including the construction of building and parking areas
in conformance with applicable Town and State standards.
(l)
Operation of a pick-your-own operation with attendant signage.
(m)
Replenishment of soil nutrients and improvement of soil tilth.
(n)
Clearing of woodlands using open burning and other techniques,
installation and maintenance of vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas, as stipulated in Farming in
Wetlands Resource Area: A Guide to Agriculture and the Massachusetts
Wetlands Protection Act, Commonwealth of Massachusetts, Departments
of Environmental Management, Environmental Protection, and Food and
Agriculture, Rev. January 1996 (Publication on file at the Dartmouth
Town Hall at the offices of the Conservation Commission, the Town
Clerk, and the Agricultural Commission) or the most recent applicable
guidance.
(o)
On-site composting of organic agricultural wastes which is subject
to best management practices, prevents the unpermitted discharge of
pollutants, is accessory to the primary agricultural use, and does
not cause a public nuisance [MGL, 310 CMR 16.05(4)(c) and MGL Chapter
21H, Section 7(b)].
(p)
The application of manure, fertilizers, and pesticides (see:
current Massachusetts Pesticide Board Regulations 333 CMR 1.00).
(q)
Installation of wells, ponds, and other water resources for
agricultural purposes such as irrigation, sanitation, and marketing
preparation.
(r)
On-farm relocation of earth and the clearing of ground for farming operations, provided that the movement of soils that are rated as "prime" by the Natural Resources Conservation Service shall not adversely affect agriculture in the Commonwealth. Off-farm earth removal shall be conducted only by Special Permit from the Zoning Board of Appeals in accordance with Article 45 of the Zoning By-Laws.
(4)
The minimum area of agricultural use shall be that necessary
for the agricultural product being produced. (See Board of Health
Regulations as to lots of less than five acres.) Agricultural uses
include as an accessory use those facilities for the sale of agricultural
products, wine and dairy products, except that facilities for the
sale of agricultural products shall be regulated in the following
manner:
(a)
During the harvest season of the primary crop, at least 50%
of the products offered for sale on agricultural land owned or leased
by a particular person shall have been produced on land owned or leased
by the same person. Non-agricultural products customarily offered
for sale shall not exceed 30% of the value of agricultural products
offered for sale from the premises.
(b)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
U.
Stables.
(1)
A building and its surrounding grounds where horses or draft
animals are kept or brought in for training, boarding, breeding, hire,
riding, sale, show, competition, or any other equine activity or discipline.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
V.
Gardens.
(1)
Land set aside for the growing of ornamental, vegetable, or
fruiting plants or for horticultural beautification of the property.
Buildings or structures to support this activity are considered accessory
uses.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section
125A, the odor from the normal maintenance of livestock or the spreading
of manure upon agricultural and horticultural or farming lands, or
noise from livestock or farm equipment used in normal, generally acceptable
farming procedures or from plowing or cultivation operations upon
agricultural and horticultural or farming lands shall not be deemed
to constitute a nuisance.
W.
Aquaculture farming. Facilities related to the production of shellfish,
fish, or plants. The primary production areas located on top of or
in marine or fresh waters. Accessory land based support facilities
such as docks, storage, and propagation buildings are allowed.
X.
Business apartments.
(1)
A business apartment is defined as a residential unit available
for use by one family, which is located in a building being used for
business purposes such as, but not limited to retail, office, recreational,
restaurant or limited production uses.
(2)
The purpose of a business apartment is to encourage small businesses
and to provide convenient and affordable housing for individuals connected
to the business. If rented to others, the business apartment could
help subsidize business space to make the business more affordable
for starter businesses. Business apartments can also help reduce commuter
traffic if used by employees of the business.
(3)
A business apartment is allowed if the following conditions
are met:
(a)
There is only one business apartment on a lot used for business
purposes.
(b)
There are no hazards or significant nuisances created by mixing
a residential unit with the other use(s) within the building.
(c)
The business apartment is provided with two on-site parking
spaces for the exclusive use of the apartment residents which are
in addition to any minimum parking spaces required for the business
use(s). Signs shall identify the resident parking spaces, and said
signs are allowed beyond any limitations under § 11.502
of the Zoning By-Laws.[1]
(d)
The apartment shall be served by Town water and Town sewer unless
the Board of Health approves on-site water and septic systems.
Y.
Limited production of goods.
(1)
The manufacture of goods such as, but not limited to, furniture,
pottery, cabinets or other specialty items which are then sold from
the premises. Mail order sales are also allowed in addition to on-site
sales.
(2)
The purpose of this subsection is to allow intermediate-sized
handicraft-type businesses, which could benefit from greater commercial
visibility for the sale of specialty products manufactured on the
premises.
(3)
The limited production of goods is allowed if the following
conditions are met:
(a)
All manufacturing shall take place within a building not to
exceed 8,000 square feet in area. At least 10% of the area of the
building shall be devoted to on-site retail sales.
(b)
The proposed use does not create a nuisance to abutters or in
the surrounding area from hazards such as, but not limited to, fire,
explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive
noise or vibration, flashes, glare, objectionable effluent or electrical
interference, which may impair the normal use and peaceful enjoyment
of any property, structure or dwelling in the area.
(c)
The storage, use, and disposal of hazardous materials shall
comply with all local, State and Federal laws or regulations.
(d)
The proposed use shall be served by Town water and Town sewer.
The following uses are allowed only by Special Permit granted by the Board of Appeals except that § 375-18.3F shall only require a Special Permit from the Planning Board.
A.
Gasoline filling station, provided the following criteria are considered,
and that the Board of Appeals makes written findings relative to each
criterion:
(1)
The probability of a reasonable public need for the proposed
station, supported by evidence including market data submitted by
the petitioner.
(2)
The proximity of other gasoline filling stations.
(3)
That the proposed use will not create a traffic hazard or excessive
traffic congestion because of its location to the following:
(a)
Necessity of turning movements in relation to access to public
roads or intersections.
(b)
Other buildings on or near the site and the traffic pattern
from such buildings.
(c)
Vehicular ways or pedestrian entrances or crossings to a public
or private school, park, playground, or hospital, or other public
use or place of public assembly.
(4)
That in the absence of convincing evidence to the contrary,
the following shall constitute lack of probability of a reasonable
public need for a proposed gasoline filling station:
B.
Commercial kennel, subject to the following conditions:
C.
Day-care facility or nursery school, subject to the following conditions:
(1)
That the Board of appeals determines that such use is not injurious
to the District.
(2)
That the site design provides adequate safety and outdoor play
area for the number of children served.
(3)
That outdoor play area shall be securely fenced and separated
from vehicular ways and parking areas by a landscaped buffer at least
10 feet wide.
(4)
That the Board may impose other conditions it deems appropriate.
D.
Adult uses.
(1)
Adult uses, as defined in this subsection, shall require a special permit from the Board of Appeals in accordance with the provisions of Article 45 of these Zoning By-Laws and MGL Chapter 40A, Section 9, subject to the following conditions:
(a)
That the proposed use be at least 1,000 feet from any residential
district.
(b)
That the proposed use be at least 500 feet from any other adult
use as defined in this subsection.
(c)
That the proposed use as defined within the building is located
at least 500 feet from any established use where minors usually assemble
or congregate, including but not limited to, day care facilities,
schools, churches, parks, and recreational/entertainment facilities.
(d)
The permit is not issued to any person convicted of violating
the provisions of MGL Chapter 119, Section 63 (aiding the delinquency
of a child), or MGL Chapter 272, Section 28 (dissemination of harmful
materials to minors).
(e)
The building is designed so that noise from any proposed entertainment
is not audible (zero decibels) outside.
(f)
The hours of operation are no longer than other similar type
uses in the district (hours to be set by the Board of Appeals in the
Special Permit).
(g)
Devices, objects, tools, toys, and entertainment or signs advertising
the premises which are distinguished or characterized by their association
with sexual activity are not visible outside the building.
(2)
Adult uses, for the purposes of this subsection, shall be any
use which, has 20% or more of its sales area devoted to the sale of
printed, recorded, or electronic media, or any of its floor area including
preparation area, stage and seating areas devoted to the presentation
of media or live performance which has emphasis on matter depicting,
describing, or relating, to sexual conduct or sexual excitement as
defined in MGL Chapter 272, Section 31. Adult uses shall also include
any use which has 20% or more of its floor or sales area devoted to
the sale or use of devices, objects, tools, or toys which are distinguished
or characterized by their association with sexual activity, including
sexual conduct or sexual excitement as defined in MGL Chapter 272,
Section 31.
(3)
Adult uses in existence and legally operating as of October 29, 1996, shall be classified as non-conforming uses as defined in § 375-6.1 of this Zoning Bylaw and MGL Chapter 40A, Section 6. Any expansion of such non-conforming use except structural alterations which do not expand the use shall require a special permit in accordance with § 375-6.1E of this Zoning Bylaw.
(4)
If any subsection or part of this by-law shall be found to be
unlawful that finding shall not affect the lawfulness of the remaining
subsections or parts.
E.
Telecommunications facilities. A telecommunications facility includes
but shall not be limited to, a free standing structure taller than
50 feet (hereinafter referred to as a "Tower"), related equipment,
and any building or other structure upon which such equipment is to
be located, the purpose of which is to transmit or receive communications
at a distance. Towers for commercial radio or television broadcasting
are not included in this definition and are not permitted in this
district. This regulation is created in order to promote safety and
minimize the visual impact of the telecommunications facility, mitigate
negative impacts to the district and encourage multiple uses on one
structure.
(1)
The placement of transmitting or receiving equipment on the
exterior of existing structures above 50 feet shall require a Special
Permit from the Board of Appeals except as may be otherwise provided
in these By-laws and needs to meet the applicable requirements for
telecommunications facilities.
(2)
A telecommunications facility is allowed by Special Permit granted
by the Board of Appeals if the following requirements are met:
(a)
An applicant for a telecommunications facility shall submit
to the Board of Appeals satisfactory evidence that an existing structure
is not currently available or already proposed in the service area
in order to build a new telecommunications facility.
(b)
The Board of Appeals may allow a telecommunications facility
to the height necessary to accommodate the transmitter/receiver for
the proposed service and to encourage co-location. The Board of Appeals
may limit the telecommunications facility design to one which has
the least visual impact to the neighborhood.
(c)
All towers shall be set back from residential structures and
schools, except those located on the parcel where the tower is to
be located, a distance at least equal to the height of the tower.
The Board of Appeals, as part of the Special Permit process, may impose
more restrictive setbacks.
(d)
Telecommunications facilities or transmitters/receivers shall
be located on sites which minimize the visual impact to the district.
The applicant shall show to the Board of Appeals how this will be
accomplished. Preference shall be given to sites in existing woodlands
which will help screen the base of any proposed tower. Where adequate
existing woodlands are not available, a planting plan shall be provided
which shows any plantings to screen the telecommunications facility.
All vegetation whether existing or proposed within or appurtenant
to the site shall be maintained and protected by the owner of the
telecommunications facility from cutting which will impair the screening
ability of the vegetation.
(e)
Telecommunications facilities, if painted, shall be painted
to minimize visual impact, except where colors specified by the Federal
Aviation Administration for aircraft visibility are required.
(f)
Adequate fencing and other means shall be provided to control
access to the base of any proposed tower, equipment or guy wires.
Fences for the purpose of this subsection shall be no lower than six
feet and no higher than 10 feet without the permission of the Board
of Appeals. If metal fencing is used it shall be screened except for
access gates unless such requirement is waived by the Board of Appeals.
(g)
Compliance with Article 24 or off-street parking requirements of the Zoning Bylaw is not required, except that the Board of Appeals shall review the site plan for access by service vehicles in a manner which minimizes negative impact to the neighborhood.
(h)
All signs and general lighting shall be subject to the standards
of the zoning district in which such telecommunications facility is
located unless otherwise allowed by the Board of Appeals, except where
signs and lighting are required by the FAA for aircraft visibility.
(i)
Subject to the granting of a Special Permit for a tower by the
Board of Appeals, a condition of the Special Permit shall require
the applicant to allow co-location on the tower if structurally and
technically feasible. Such requirements shall not be construed to
limit the applicant's right to charge rent at fair market rates. The
applicant shall indicate if additional co-location is feasible on
the tower. If additional co-location is possible and approved under
the Special Permit, the additional capacity can be added without an
amendment to the Special Permit. A conceptual rendering of how the
tower could look shall be provided. The applicant shall not be required
to adhere to the contents of said conceptual rendering.
(j)
The Board of Appeals may impose reasonable additional restrictions
or conditions to protect the district from hazards and promote the
purposes of these regulations and the Zoning Bylaw.
(k)
Towers not in existence before April 3, 1997, shall be removed
within three months of cessation of use, or termination of the Special
Permit. In addition, the Board of Appeals shall require the posting
of a bond to cover the costs of removal of the tower. The three-month
deadline may be extended by the Board of Appeals if the owner of the
tower demonstrates that new users are actively being pursued to use
the tower.
(l)
The Board of Appeals may limit the Special Permit to a specific
individual or corporation, except that such Special Permit may be
transferred to similarly FCC- licensed individuals or corporations
without further permission of the Board of Appeals.
(m)
The Board of Appeals may revoke the Special Permit if the telecommunications
tower is found to be in non-compliance with the Special Permit conditions
or these Zoning Bylaw in accordance with MGL Chapter 40A, Section
9.
F.
Senior residential services. Senior residential services include
residential facilities or developments which are occupied primarily
by persons 55 years of age and older, excluding their spouses or surviving
spouses from said age requirement, and which may or may not include
residential units occupied by resident staff personnel of any age.
(1)
Senior residential services as defined in this by-law currently
encompass over 55 independent living, nursing homes, assisted living
and adult day care facilities and can offer the full range of nursing
care from total assistance to independent living. Such residential
facilities may provide shared food preparation services, or independent
food preparation areas. In addition, common recreational, laundry,
social, medical and service facilities may be provided for the exclusive
use of residents.
(2)
The purpose of permitting senior residential services in business
zoned areas is to facilitate a mutually beneficial arrangement between
residents and businesses by providing convenient access to services
for residents and providing a steady customer base for business. In
addition, the Town has a significant interest in broadening its housing
choices for its aging population.
(3)
Senior residential services will be allowed by Special Permit
from the Planning Board if the following conditions are met:
(a)
The maximum number of residential units, beds, or people allowed
on a site shall be determined by the Planning Board based on factors
including, but not limited to, impact on the neighborhood, affordability
for residents, quality of life, and provision for adequate open space,
recreational facilities, parking, landscaping, and buffers. The minimum
size of residential units shall be at least 300 square feet. Residential
units can be located in freestanding single-unit buildings or in multi-unit
buildings.
(b)
The architectural appearance of buildings is primarily residential
in character, particularly providing gabled roofs, an articulated
footprint and varied facade. Alternate architectural styles can be
considered if appropriate to the site and not out of character with
the area.
(c)
Senior residential services shall be served by Town water and
Town sewer.
(d)
Article 24, Site Plan Review, shall apply pursuant to § 375-18.4G of this By-law, except that if the site plan submitted to the Planning Board meets all off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be deemed the approved off-street parking plan. Parking spaces shall be provided at the rate of 0.3 per residential unit, plus one for each employee on duty at any given time; except that independent living facilities or developments shall have two parking spaces per residential unit.
(e)
It must be demonstrated, and the Planning Board must agree,
that the proposal has a positive impact on existing local businesses.
(f)
Independent living facilities or developments shall be required
to create pedestrian and vehicular connections between the residential
units and business uses. It is the intent of this condition to integrate
residential units with business uses both on- and off-site to promote
a mixed use, village environment.
(g)
Conversion of independent living facilities or developments
subject to this By-law to general housing shall not be allowed. The
Planning Board shall require legal restrictions or employ other means
to ensure that such facilities and developments remain as senior residential
services.
(h)
The Planning Board may impose additional restrictions or conditions
to maintain a viable business district, to promote quality development
of the area and to promote the general health, safety, and welfare
of the community.
(i)
Once a Special Permit has been granted, the Planning Board may
revoke the Special Permit after holding a public hearing in accordance
with MGL Chapter 40A, if any condition of the Special Permit has not
been adhered to.
A.
In General Business Districts, all lots laid out after April 25,
1978, shall have a minimum frontage of 150 feet and a minimum area
of 43,560 square feet.
C.
No building or structure shall be placed nearer than 50 feet to an
abutting residential district.
D.
The maximum height of the roof of any building or the top of any
freestanding structure shall be 35 feet. Height shall be measured
from the finished grade at lowest point at the foundation around the
building or structure, to the highest point of the building or structure
or to the peak of a sloping roof; notwithstanding any other definition
of height in this zoning by-law.
(1)
Air conditioners, elevator shafts, chimneys, ventilating units,
heaters or water tanks (hereafter called add-ons) are allowed on top
of buildings or roofed freestanding structures provided they shall
not exceed 50 feet in height, and further provided that add-ons above
35 feet must be setback from lot lines a distance equal to the height
of the add-on. Height of add-ons shall be measured to the highest
part of the add-on from the lowest finished grade at the foundation
of the building or structure to which the add-on is attached. Add-ons
over 35 feet in height shall not have signage, corporate logos, or
advertising located, all or in part, above 35 feet.
(2)
Parapets are allowed by Special Permit from the Planning Board,
provided they not exceed 50 feet in height (height to be measured
same as add-ons) and the Planning Board finds that the parapets are
needed to screen allowed add-ons or for safety. Parapets must be designed
to minimize the mass of the building, shall be no more extensive than
is necessary to provide needed screening, provide needed measure of
safety, and improve the appearance of the district. Parapets over
35 feet shall not have signage, corporate logos, or advertising located,
all or in part, above 35 feet.
E.
Light standards may not exceed 35 feet height. Interior and exterior lights, including lighted signs, must not be directed toward public streets in such a way as to create glare, distraction, or confusion with traffic signals or signs. (See Article 24, Site Plan Review, for additional requirements.)
F.
All uses on a lot which include, but are not limited to, buildings,
driveways, parking areas, storage areas, impermeable surfaces, etc.
shall not cover more than 65% of the entire lot. Landscaped areas
are not included.
H.
All parking areas, drives, access ways and loading areas must be graded and surfaced to prevent shifting or rutting under reasonably anticipated weather conditions and to minimize dust raised by vehicles and wind. (See Article 24, Site Plan Review, for additional requirements.)
I.
All water, sewer, gas, electric, and other utility services shall
be underground.
J.
At no time shall noise levels emanating from normal operations, except
motor vehicles, exceed 60 d.b.a. at the lot line.
K.
All areas not under impervious cover must be maintained in natural or cultivated living plant material, except that up to 10% of gross landscaped area may be permeable non-organic cover. (See Article 24, Site Plan Review, for additional requirements.)
L.
Multiple buildings are allowed on each lot and more than one use
may be allowed in each building, provided all uses are permitted within
the district.
M.
Waste materials must be stored in closed containers. Waste containers,
compressors or other material which cannot be safely stored within
a building must be screened on all sides by an opaque fence or wall
six feet high. All outside storage including storage and display of
building materials, plant materials and equipment for sale must be
contained within the buildable area of the lot.
N.
Maximum height of a fence or wall outside buildable area shall be
six feet. Uses with on-site litter disposal shall be fenced to prevent
litter blowing from property.
A.
The Applicant shall submit to the Building Commissioner a site plan
together with the following information:
(1)
Topography in two-foot contours for the entire site.
(2)
Site plan showing proposed grading, all roads, parking, buildings,
and utilities with necessary details, in a scale no smaller than one
inch equals 40 feet.
(3)
Storm water management plan supported by soil Conservation Service
TR-20 or TR-55 method calculations demonstrating no net increase in
rate of storm water runoff.
(4)
Traffic impact assessment report, containing the following information:
(a)
Projected a.m. and p.m. peak traffic and average daily traffic
for the proposed facility. Number of hourly distribution of vehicles
gross vehicle weight category.
(b)
A review of any existing master plans relating to traffic in
the project vicinity; an assessment of the project impact on the implementation
of the master plan; and, in particular, the project's impact on proposed
takings for roadway improvements. The review shall consider possible
locations of curb cuts on nearby parcels and demonstrate consistency
with the master plan.
(c)
If the proposed site development will result in a decrease in
the peak capacity of nearby roads and intersections of 10% or more
a level of service analysis for pre- and post-development conditions
is required. If this analysis indicates a reduction in Level of service
(LOS) by one level or more (i.e., B to C), or if intersection failure
is projected or anticipated (LOS = D or worse), a mitigation plan
shall be prepared for implementation prior to issuance of any occupancy
permit. The applicant should consult with the DPW to determine which
intersections should be analyzed.
B.
Pre-application consultation is strongly recommended. The Building Commissioner shall review the plans for compliance with all pertinent laws, including Article 24, Site Plan Review. The Building Commissioner shall issue or deny a building permit within 30 days. The Building Commissioner may submit plans to the Planning Director, Town Engineer, Conservation Officer, and other appropriate officials and boards.
