Town of Easton, MA Article VI General Regulations

§ 235-28 Off street parking and loading requirements.

A. General. In any district if any structure is constructed, enlarged, or extended, or has a change of use which affects the computation of parking spaces, and any use of land established, or any existing use is changed, after the effective date of this chapter, parking and loading spaces shall be provided in accordance with the Table of Off-Street Parking Regulations and the Table of Off-Street Loading Regulations. An existing structure which is enlarged or an existing use which is extended after the effective date of this chapter shall be required to provide parking and loading spaces in accordance with the following tables for the entire structure or use.

(1) When the computation of required parking or loading spaces results in the requirement of fractional space, any fraction over 1/2 shall require one space.

B. Existing Space. Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this chapter shall not be decreased so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces conforms to the requirements of the tables of this Section provided: this regulation shall not require the maintenance of more parking or loading spaces than is required according to the tables.

C. Combined Facilities. Parking required for two or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to approval by the Planning & Zoning Board, where it is evident that such facilities will continue to be available for the several buildings or uses.

D. Location of Parking Spaces.

(1) Required off-street parking spaces shall be provided on the same lot as the principal use they are required to serve; or, when practical difficulties as determined by the Board of Appeals prevent their establishment upon the same lot, they shall be established no further than 200 feet from the premises to which they are appurtenant.

(2) In the Village Business District, the Planning and Zoning Board may approve off-premise, off-street parking spaces within 700 feet from the premises to which they are appurtenant, through the site plan review process (see § 235-57).

E. Table of Off-Street Parking Regulations.

[Amended 5-15-2017 ATM by Art. 29; 5-21-2018 ATM by Art. 31]

	TABLE OF OFF-STREET PARKING REGULATIONS
	Uses		Number of Parking Spaces per Unit
	1.	1 single- or two-family dwelling	2 for each dwelling unit
	2.	Multifamily apartments	1.25 for each dwelling unit
	3.	Lodging unit	1 for each bedroom in a lodging unit
	4.	Theater, auditorium, church or similar place of public assembly with seating facilities	1 for each 5 seats of total seating capacity
	5.	New and used car sales and automotive service establishment and other retail and service establishments utilizing extensive display areas, either indoor or outdoor which are unusually extensive in relation to customer traffic	1 per 1,000 sq. ft. of gross floor space
			In the case of outdoor display areas, 1 for each 1,000 sq. ft. of lot area in such use
	6.	Other retail, service, offices, finance, insurance, real estate establishment, or shopping center	1 per each 500 sq. ft. of gross floor space
	7.	Hotel, motel, tourist court	1 for each sleeping room
	8.	Wholesale establishment, warehouse or storage establishment	1 per each 1,000 sq. ft. of gross floor space
	9.	Manufacturing or industrial establishment	1 per each 600 sq. ft. of gross floor space OR 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger
	10.	Hospital	2 per bed at design capacity
	11.	Nursing home	2 per 1,000 sq. ft. of gross floor space
	12.	Business, trade or industrial school or college	1 for each 200 sq. ft. of gross floor area in classrooms
	13.	Other school	2 per classroom in an elementary and junior high school; 4 per classroom in a senior high plus 1 space for every 10 seats of total seating capacity in auditorium or gymnasium, whichever has the larger capacity
	14.	Community facility (Town building, recreation, etc.)	1 per each 400 square feet of gross floor space
	15.	Dormitory, fraternity, sorority, YMCA or similar use	1 for each sleeping room
	16.	Public utility	1 for each 400 square feet of gross floor area devoted to office use
	17.	Transportation terminal establishment	1 for each 600 square feet of gross floor area
	18.	Multiple use	Shared parking requirement shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other accepted procedures approved by the Planning & Zoning Board
	19.	Bank	2 for each 1,000 square feet
	20.	Drive-Thru Restaurant	2 for each 1,000 square feet
	21.	Restaurant	1 for each 4 seats of total seating capacity
	22.	Any use permitted by this by-law not interpreted to be covered by this schedule	Closest similar use as determined by the Planning and Zoning Board

F. Location of Loading Spaces. The loading spaces required for the uses listed in the Table of Off-Street Loading Requirements shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this chapter.

G. Table of Off-Street Loading Regulations.

	TABLE OF OFF-STREET LOADING REGULATIONS
	Uses		Number of Parking Spaces Per Unit
	1.	Retail trade, manufacturing and hospital establishment with over 5,000 sq. ft. of gross floor area	1 per 20,000 sq. ft. or fraction thereof of gross floor area up to 2 spaces; 1 additional space for each 60,000 sq. ft. or fraction thereof of gross floor area over 40,000 sq. ft. Space used for ambulance receiving at a hospital is not to be used to meet these loading requirements.
	2.	Business services, other services, community facility (school, church, town building, recreation, etc.) or public utility establishment with over 5,000 sq. ft. of gross floor area	1 per 75,000 sq. ft. or fraction thereof of gross floor area up to 2 spaces; 1 additional space for each 200,000 sq. ft. or fraction thereof of gross floor area over 150,000 sq. ft.

H. Parking and Loading Space Standards. All parking and loading areas containing over five spaces, including automotive and drive-in establishments of all types, shall be either contained within structures, or subject to the following, in accordance with the Site Plan Guidelines adopted by the Planning & Zoning Board:

(1) The area shall be effectively screened on each side which adjoins or faces the front, side, or rear lot line of a lot situated in any "R", "E", or "M" District.

(2) A substantial bumper of masonry, steel or heavy timber, or a concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties and sidewalks.

(3) The periphery of the building, the parking areas, and the driveway shall be illuminated. Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes and shall be dark sky friendly.

(4) There shall not be any vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.

(5) There shall not be any storage of materials or equipment or display of merchandise within required parking area except as part of approved building operations.

(6) Parking and loading spaces shall be so arranged as not to permit backing of vehicles onto any street, except in residential districts.

(7) Any portion of any entrance or exit driveway shall not be closer than 50 feet to the curb line of an intersecting street.

(8) Any two driveways leading to or from a street or to or from a single lot shall not be within 30 feet of each other at their intersections with the front line for an interior lot and 40 feet for a corner lot.

(9) An entrance or exit driveway shall not exceed 36 feet in width at its throat.

(10) Any open air parking space in districts "B" and "I" shall be at least 10 feet from any sidewalk or street line.

(11) In districts "B" and "I", all off-street parking and loading spaces, access ways and maneuvering area shall be laid out so as to provide for adequate drainage, snow and rubbish removal, maneuverability, and curb cuts.

(12) In districts "B" and "I", any parking areas(s) adjacent to a building shall be not less than six inches below the elevation of the building entrance(s).

I. Fire Lanes. In districts "B" and "I", for non-residential uses, fire lanes shall be provided as follows:

(1) From the primary entrance of each unit to the travel way, there shall be a ten-foot-wide fire lane. From all other entrances and exits to the travel way, there shall be a six-foot-wide fire lane.

(2) In the case of shopping centers, restaurants, theaters, and similar locations, instead of the provisions of Subsection I(1) above, the fire chief may determine to establish a general fire lane of not less than 12 feet in width extending around as much of the perimeter of the building as deemed necessary.

(3) In district "B" for multiple family dwelling units, fire lanes shall be provided from each entrance to the travel way, where there shall be a six-foot-wide fire lane.

J. Landscaping Standards; Parking Lot Stormwater Management. Landscaping is required for all parking lots and may be designed: 1) Low Impact Development (LID) Parking Area Design; or 2) Conventional Parking Area Design. LID Landscaping Plans shall denote a drainage design where 75% or more of the first half inch of stormwater runoff from impervious surfaces is treated for water quality by a combination of LID techniques in accordance with the most recent version of the Massachusetts DEP Stormwater Management Manual. Conventional Parking Area Design shall denote a parking lot landscape design that does not meet the criteria for LID Parking Area Design.

(1) Acceptable LID techniques shall include vegetated swales, rain gardens or bioretention facilities, permeable pavers, infiltration facilities and constructed wetlands. Cisterns and grey water systems that recycle stormwater runoff may also be included in these calculations.

K. Landscaping Standards; Conventional Parking Area Design. The landscaping requirements in this Section are intended to provide a baseline set of standards toward reducing the visual impacts of large areas of pavement, improving the overall environment or parking areas by providing areas for shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas. The following standards shall apply to all Conventional Parking Lot Design as defined in this chapter.

(1) Amount. Developments with proposed parking areas of 10 spaces or more shall provide 20 square feet of landscaped open space within the parking area for every parking space provided in the lot.

(2) Buffers. Landscaping shall be required between non-residential uses or mixed use developments and existing or future residential development areas. Buffer zones shall be a minimum of 12 feet in width and shall substantively screen the site from view through the use of evergreen vegetation at least six feet in height. Fences may be used as part of screening but shall not include chain link fences, unless designed to be screened from view with vegetation. These requirements shall not apply to nonresidential or mixed use development that are designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths or other pedestrian amenities.

(3) Parking Lot Entrances. Parking lot entrances shall be landscaped minimally with a combination of trees and shrubs. These areas may also be used for signage in compliance with § 235-29 of this chapter. No trees or shrubs shall be planted in a way to obstruct sight lines of motorists.

(4) Parking Aisles. The ends of parking aisles that are more than 15 spaces in length shall incorporate landscape islands at either end of the row. Where the length of parking aisles exceeds 25 spaces, an intermediary landscaped island shall be installed a regular intervals. This interval shall not be more than every 13 spaces. Landscape islands used at the end of parking aisles shall enclose. The width of landscaped islands at their ends shall not be less than four feet and not less than eight feet at their midpoint.

(5) Plant Selection. No tree, shrub or plant shall be proposed for use within a parking area that has been identified as an Invasive Species by the Massachusetts Plant Advisory Group in the latest version of The Evaluation of Non-Native Plant Species for Invasiveness in Massachusetts (with annotated list), has been identified as invasive or banned on the Massachusetts Prohibited Plant List as periodically updated by the Massachusetts Department of Agricultural Resources, or in any other reputable scientific publication that may be acceptable to the Board. All size and location design elements shall comply with the following specifications:

(a) Shade or canopy trees shall be three inches caliper with a height of not less than 12 feet above grade;

(b) Small or minor shade trees shall be 2.5 inches caliper with a height of not less than nine feet above grade;

(c) Ornamental or flowering fruit trees shall be two inches caliper with a height of not less than seven feet above grade;

(d) Evergreen trees used for screening shall be not less than six feet in height above grade. Fencing may be used in conjunction with vegetated screening [but chain link fence shall not be allowed];

(e) Shrubs shall be not less than 1.5 feet in height above grade.

(f) Turf may be used but shall not be installed in strips less than six feet in width.

(g) Plantings shall be indigenous and drought resistant. Trees species should be selected so as to minimize damage to trees by vehicles and to maintain signage visibility. Trees listed on the Massachusetts Prohibited Plant List shall not be used.

L. LID Parking Area Design Standards. The purpose of these standards is provide the Zoning Enforcement Officer or the parties involved with Site Plan Review the opportunity to review plans for a lower impact approach to managing stormwater in parking areas. The following information is therefore required of an applicant choosing to treat any portion of a parking lot with LID stormwater management techniques. This information shall be prepared by a Massachusetts Registered Professional Engineer and shall comply with the design and implementation guidelines provided in the latest version of the Massachusetts DEP Stormwater Management Manual. Where portions of the parking lot are not using acceptable LID techniques, the standards for Conventional Parking Lot Design herein shall apply.

(1) Delineation of all drainage areas inclusive of areas outside of the parking envelope that will contribute stormwater runoff to the parking area;

(2) Proposed topography at two-foot contour intervals;

(3) Site Plan showing drainage pathways and locations of proposed BMPs;

(4) Typical profiles of BMPs;

(5) Sizing calculations for BMPs that demonstrate adequate conveyance and/or water quality treatment of the [first half inch of stormwater runoff from impervious surfaces];

(6) Sizing calculations for BMPs that illustrating proposed management of runoff resulting from two-year, ten-year, and one-hundred-year event;

(7) List of plantings associated with vegetated BMPs;

(8) Location of areas reserved for snow storage;

(9) Location of any screening between residential and non-residential properties. Buffer zones shall be a minimum of [six feet] in width and shall substantively screen the site from view through the use of evergreen vegetation at least six feet in height. Fences may be used as part of screening but shall not include chain link fences. These requirements shall not apply to non-residential or mixed use development that are designed to integrate existing or future neighboring residences into the site through the use of walkways, bicycle paths or other pedestrian amenities.

(10) Location of test pits, depth to seasonal high ground water and soil percolation rates for those areas designated for recharge;

(11) Schematic diagrams of any gray water or cistern systems proposed for the parking area;

(12) An Operation and Maintenance (O&M) Plan shall be submitted by the applicant to the Zoning Enforcement Officer or the Planning & Zoning Board] that conforms to the standards for O&M Plans detailed in the most recent version of the Massachusetts DEP Stormwater Management Manual;

(13) Plantings shall be indigenous and drought resistant. Trees species should be selected so as to minimize damage to trees by vehicles and to maintain signage visibility. Trees listed on the Massachusetts Prohibited Plant List shall not be used.

M. Curb Cuts Onto Public Ways. Distances are to be measured along the property line. The maximum distance for Residential, Residential I, and Business Neighborhood zones is 24 feet for each opening; and for Business, Industrial, Eleemosynary and Municipal is 36 feet each opening.

N. Driveways. A driveway shall not be more than 24 feet in width at the throat in the Residential, Residential I, and Business Neighborhood Zoning Districts, and shall not be more than 36 feet in width at the throat in the Business, Industrial, Eleemosynary, and Municipal Zoning Districts. Each driveway shall service no more than one lot.

O. Special Permit. The Planning & Zoning Board may, by special permit, reduce the requirements of this Section if specific site or public safety considerations warrant such a reduction and no substantial detriment shall result.

§ 235-29 Signs.

A. Purpose. The purpose of this Section is:

(1) To promote the public safety and convenience of streets, highways, sidewalks and other pedestrian spaces, and public and private property within public view;

(2) To reduce distractions, hazards and obstructions from signage that will have an adverse impact on vehicular safety;

(3) To discourage excessive visual competition in signage;

(4) To ensure that signage will adequately aid communication and orientation, identify uses and activities, and express local history and character;

(5) To preserve or enhance town character by requiring new and replacement signage which is compatible with the surroundings, appropriate to the type of activity to which it pertains, expressive of the identify of individual proprietors or of the community as a whole, and appropriately sized in its content, and

(6) To encourage the use of the Town's Sign and Design Guidelines as a recourse to assist in the development of appropriate commercial signage and building design.

B. Definitions. See Article XI, "Signs."

C. Permitted Signs in Residential and Eleemosynary Districts. The following signs may be erected or maintained in Residential Districts and Eleemosynary District provided such signs are in compliance with all conditions set forth in this Section. The calculation of maximum number of signs and maximum area of signs does not include directional signs.

[Amended 5-21-2018 ATM by Art. 28]

(1) All signs as permitted in § 235-29G;

(2) One non-illuminated sign displaying the street number, or name of the occupant of premises, or both, not exceeding four square feet in area. Such signs may be attached to a building or may be on a rod or post not more than six feet high and less than three feet from the property lot line. Such sign may include identification of an accessory studio or professional office in the dwelling or on the premises, or may identify other permitted accessory uses, including allowed home occupations.

(3) One bulletin or announcement board or identification sign for a permitted nonresidential building or use, not more than 10 square feet signboard area. For churches and institutions, membership clubs, funeral establishments, hospital, other places of public assembly, community facilities or public utilities, one bulletin or announcement board or identification sign is permitted on each building. Each such sign shall be not more than 20 feet signboard area. No such sign shall be located nearer a street than one-half the required front yard depth.

(4) Two subdivision identification signs per neighborhood, subdivision, or development, not to exceed 32 square feet each in sign area during construction only.

(5) On the premises with a lawfully nonconforming use, one sign not more than six square feet.

(6) One "For Sale" or "For Rent" sign not more than six square feet and advertising only the premises on which the sign is located. It shall be set back at least 15 feet from the property lot line.

(7) No sign or advertising device shall be illuminated after 11:00 P.M.

D. Permitted Signs in Business and Industrial Districts. Signs are allowed as follows in Business and Industrial Districts:

(1) All signs permitted in the definition set forth in Article XI and § 235-29G.

(2) One freestanding sign per street frontage, up to a maximum of 100 square feet for a single or double occupancy building. If three or more multiple tenants occupy a building maximum given sign may be increased to 150 square feet provided that all tenants occupying the building be allocated sign space in proportion to the amount of building space they occupy. Such signs may not exceed a height of 30 feet.

(3) One wall sign per occupancy up to a maximum of 100 square feet.

(4) One under-canopy sign per occupancy, not to exceed 20 square feet in gross sign area.

(5) Incidental signs, not to exceed 20 square feet in aggregate sign area per occupancy.

(6) The top edge of a sign shall be placed not higher than the main roof of the highest building located on the premises, or if no building exists, the average height of the main roofs of the buildings on the next adjacent properties where buildings do exist and not to exceed 30 feet above ground or sidewalk.

E. Special Regulations and Allowances for Business and Industrial Districts.

(1) Where a lot is on a corner or has more than one entrance way, each entrance being a minimum of 300 feet apart, more than one free standing sign is permitted. The total sign area of all free standing signs in no case can exceed two times that of a single free standing sign. The top edge of any such free standing sign shall not be higher than 30 feet vertical measure.

(2) Free standing and under-canopy, awning and marquee signs shall have a setback of 15 feet from any property lot line and a minimum clearance of 15 feet over vehicular use area and 10 feet over any pedestrian use area.

(3) Temporary signs and banners:

(a) Erection of a temporary sign shall require a permit from the Building Commissioner. The fee for each fourteen-day period shall be determined by the Building Commissioner. No more than two permits shall be granted in one calendar year.

(b) Such sign shall be erected for no more than a period of 14 days, two times per year, for a total of 28 days per year.

(c) No temporary sign shall exceed 30 square feet gross display area; a double face sign shall be computed in determining gross display area.

(d) Such signs shall be securely attached to the premises or to an existing free standing sign.

(e) Farm stands shall be permitted seasonal temporary signs not to exceed a total of 30 square feet gross display area for an annual fee of $10.

(f) A-frame signs or trailer signs shall not be permitted.

F. Permitted Signs in Local Historic Districts. All signs in the Ames Local Historic District shall be subject to review by the Easton Historical Commission prior to submission to the Easton Planning & Zoning Board.

G. Signs Permitted in All Districts. The following signs are allowed in all districts:

(1) All signs not requiring permits (see § 235-29L);

(2) One construction sign for each street frontage of a construction project, not to exceed six square feet in sign area in residential zones or 32 square feet in sign area in all other zones. Such signs may be erected 15 days prior to beginning of construction and shall be removed following completion of construction.

[Amended 5-21-2018 ATM by Art. 28]

(3) One non-illuminated real estate sign per lot or premises, not to exceed six square feet in sign area. Signs used to advertise commercial property not to exceed three by five feet. Signs must be removed following sale, rental or lease. It shall be set back at least 15 feet from the property lot line.

(4) Two attached nameplates per occupancy, not to exceed four square feet in sign area.

(5) Directional/Information signs not to exceed six feet in sign area or 10 feet in height.

H. Signs Prohibited in All Districts. The following types of signs are prohibited in all districts:

(1) Abandoned signs.

(2) Any sign which by reason of its location, shape, size, or color; will interfere with traffic signs, signals, or markings.

(3) Signs imitating or resembling official traffic or government signs or signals.

(4) Snipe signs or signs attached to trees, utility poles, streetlights, or placed on public property or public right-of-way.

(5) Flashing, animated or internally illuminated, including LED and neon, not specifically allowed by the Planning & Zoning Board and as further prohibited in § 235-29J(4).

[Amended 5-21-2018 ATM by Art. 28]

(6) Portable signs.

(7) Other signs specifically excluded by this chapter.

(8) Signs attached to motor vehicles, trailers, or other movable objects regularly or recurrently located for fixed display.

(9) Changing image sign.

I. General Provisions. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the Town of Easton except in accordance with the provisions of this Section.

(1) Determination of Sign Area. Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface. For a sign painted on or applied to a building or structure, the area shall be considered to include all lettering, wording and accompanying designs or symbols together with any background of a different color than the natural color or finish material of the building or structure. For a sign consisting of individual letters or symbols attached to or painted on a surface, building wall or window, the area shall be considered to be that of the smallest rectangle, circle, oval or other simple straight-lined shape which encompasses all of the letters and symbols. The area of supporting framework, such as the brackets and posts, shall not be included in the area if such framework is incidental to the display. When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.

(2) Sign Height. No part of any sign or light illuminating a sign shall be at a height in excess of the maximum height as specified in this Section with respect to the height of the building or structure situated on the premises to which the sign relates. No part of any freestanding sign or any light illuminating a sign shall be higher than the highest point of any building or other structure on the premises on which such sign is located or if a vacant lot, at a height of no more than 10 feet above ground.

(3) Sign Setbacks. Signs over one square foot in area which are not temporary signs shall be set back at least 15 feet from the street line. Temporary signs in Nonresidential Districts shall be set back at least 10 feet from the street line.

J. Illumination. Internally illuminated and moving signs, must meet all requirements set forth in this Section and shall require review and approval by the Planning and Zoning Board.

[Amended 5-21-2018 ATM by Art. 28]

(1) Illumination in Residential Zones. Illumination of a sign shall be by steady white light which shall be properly shielded. Internally illuminated signs shall not be permitted.

(2) Illumination in Business and Industrial Zones. Illumination of a sign shall be by steady white light which shall be properly shielded or by internal illumination of only the lettering, wording or insignia within the sign.

(3) Illumination in Local Historic Districts. Illumination of a sign shall be by steady white light which shall be properly shielded as approved by the Easton Historical Commission.

(4) Movement Prohibited in All Districts.

(a) Flashing signs shall not be permitted in any District.

(b) Movement of a sign body or any segment thereof, such as rotating, revolving, moving up or down or any other type of action involving a change of position of a sign body or segment thereof, whether caused by mechanical or other means, shall not be permitted in any District.

(c) No neon or external florescent lighting shall be permitted in any District.

K. Permits and Approvals.

(1) Permits. Unless otherwise provided by this chapter, all signs shall require permits and payment of fees. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.

(2) Approval. All applicants for sign permits, as required by this Section, in Business and Industrial Districts shall submit plans and supporting materials to the Building Inspector for approval.

[Amended 5-21-2018 ATM by Art. 28]

L. Signs Not Requiring Permits. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements of this chapter:

(1) One construction sign of 32 square feet or less.

(2) Directional/Information signs of six square feet or less.

(3) Holiday or special event decorations and/or festoons.

(4) Nameplates of six square feet or less.

(5) Political signs.

(6) Public signs or notices, or any sign relating to an emergency.

(7) Real estate signs.

(8) Window signs.

(9) Incidental signs.

M. Maintenance. All signs shall be maintained in a safe and neat condition to the satisfaction of the Building Commissioner and in accordance with requirements of the State Building Code. Structural damage, missing letters, or other deterioration obscuring content shall be remedied or the sign removed within 60 days.

N. Construction Specifications. All signs shall be constructed in accordance with all requirements of the State Building Code and the National Electrical Code and Town of Easton By-laws.

(1) No sign shall be suspended by non-rigid attachments that will allow the sign to swing in a wind.

(2) All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.

(3) Applicants shall refer to the Town of Easton Sign and Design Guidelines adopted by the Planning & Zoning Board in its rules and regulations for additional guidance in building and signage design.

O. Nonconforming Signs. Existing signs which do not conform to the specific provisions of this chapter may be eligible for designation as "lawfully nonconforming." A nonconforming sign is subject to all requirements this code regarding safety, maintenance, and repair. A nonconforming sign may remain in place provided that:

(1) The Building Commissioner determines that such signs are properly maintained and do not in any way endanger the public.

(2) The sign was properly covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this chapter.

(3) Sign, or signs, were constructed or present prior to zoning.

P. Loss of Nonconforming Status. A lawfully nonconforming sign may lose this designation if:

(1) The sign is relocated.

(2) The structure or size of the sign is altered in any way except towards compliance with the By-law. This does not refer to change of copy of normal maintenance.

Q. Special Permit. The Planning & Zoning Board may grant a special permit for on-premises larger signs or additional on-premises signs, provided that no substantial detriment shall result to the neighborhood or the Town.

§ 235-30 Performance Standards.

A. Procedures; Rules and Regulations. The following performance standards shall apply in all districts.

B. Noise.

(1) Hours of Operation. As a condition of any special permit or site plan approval, the Planning & Zoning Board or the Zoning Board of Appeals, as may be applicable, may incorporate the following conditions regarding hours of operation:

(a) The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or other objects or materials for sale or storage or use in a manner that causes a condition of noise pollution at any time but most specifically between the hours of 8:00 p.m. and 7:00 a.m. across a real property boundary in any district established under this chapter.

(b) Operating or permitting the operation of tools or equipment used in construction, drilling or demolition work between the hours of 8:00 P.M. and 7:00 A.M. Monday through Saturday, or at any time on Sundays or Holidays so that the sound creates a condition of noise pollution across a real property boundary.

(c) The operation of construction devices between the hours of 7:00 A.M. and 8:00 P.M. including such items as compressors, jackhammers, bulldozers, cranes, etc., in a manner that causes a condition of noise pollution that could be avoided by the application of best available technology, which might include mufflers where commercially available.

(2) Ambient Noise Level. No person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds 10 dBA above ambient when measured at the property boundary of the receiving land use, as set forth in 310 CMR 7.10; provided, however, that emergency generators operating during a power outage shall be exempt.

C. Stormwater Management. All development shall comply with Article VIII of Chapter 501, the Planning & Zoning Board's Subdivision Rules and Regulations.

D. Prohibited Activities. Prohibited activities are as follows:

(1) Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the storm water drainage system, into a watercourse, or into the waters of the United States and/or Commonwealth.

(2) Illicit Connections. No person shall construct, use, allow, maintain or continue any connection to the municipal drainage system, without the written approval of the Select Board.

[Amended 11-12-2019 STM by Art. 13]

(3) Obstruction of Municipal Storm Drains. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drainage system.

E. NPDES. No person shall excavate, cut, grade, or perform any land disturbing activities greater than one acre without a National Pollution Discharge Elimination System (NPDES) permit from the Environmental Protection Agency which shall include an Erosion and Sediment Control Plan approved by the Board. The Erosion and Sediment Control Plan shall be prepared by a Registered Professional Engineer and include but not necessarily limited to the following:

(1) Name, address and telephone number of Owner, Civil Engineer, and person responsible for the implementation of the plan;

(2) All existing and proposed stormwater utilities, including structures, pipes, swales, and detention/retention basins;

(3) Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sediment transport, including provisions to preserve top soil and its limits of disturbance;

(4) Design details for both temporary and permanent erosion control structures;

(5) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, and establishment of permanent vegetation;

(6) Any additional information and/or data which as deemed appropriate to ensure compliance with the Subdivision Rules and Regulations, site plan requirements, or the preservation of public health and safety.

F. Nuisances. Any use permitted by right or special permit in any District shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance, conditions or element in an amount as to affect adversely the surrounding environment. The following standards shall apply:

(1) Emissions. Emissions shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.

(2) Flammables and Explosives. All activities and all storage of flammable and explosive materials at any point, shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment.

(3) Emissions. No activities that emit dangerous radioactivity at any point, and no electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted. No emission which can cause any damage to health of animals or vegetation or which can cause excessive soiling, at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of conveying gas or air shall be permitted.

(4) Smoke. No emission of visible smoke of a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines shall be permitted.

(5) Discharge. No discharge, at any point, into a private sewage system, stream, and ground of any material in such a way, or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.

(6) Vibration. No vibration which is discernible to the human sense of feeling for three minutes or more in any hour between 7:00 a.m. and 7:00 p.m. or for 30 seconds or more in any one hour between 7:00 p.m. and 7:00 a.m. shall be permitted. No vibration at any time shall produce an acceleration of more than 0.1 gram, or shall result in any combination of amplitudes and frequencies beyond the 'safe' range of Table 7, U.S. Bureau of Mines Bulletin No. 442.

(7) Odor. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide or any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyright 1951, by manufacturing Chemists Association, Inc., of Washington, D.C. shall be permitted.

G. Exemptions. The following are exempt from these standards:

(1) Emergency Response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.

(2) Municipal Uses and Structures. All municipal uses and structures, including schools.

(3) Events. Parades, fairs or outdoor entertainment between the hours of 7:00 A.M. and 11:00 P.M. only provided that a permit for such activity has been granted by the Select Board and that said permit is for not more than 10 days.

[Amended 11-12-2019 STM by Art. 13]

(4) Religious Services. Religious services conducted by an organization which qualifies under the laws of the Commonwealth as a tax-exempt religious group.

H. Waiver of Standards. The Planning & Zoning Board or the ZBA may, in the course of granting a special permit or site plan approval for nonresidential development, waive any of these performance standards where such waiver is not inconsistent with public health and safety.

I. Enforcement. In issuing a special permit or site plan approval, the issuing 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 issuing authority may require a monitoring program post-permit issuance for compliance purposes for a time period as may be specified in the special permit or site plan approval. Otherwise, enforcement shall be by the Building Commissioner.