All provisions of § 240-14.1 shall apply in all zoning districts, except as provided for in § 240-14.1B.
(1) 
Business District 1 - Business District 1 on Main Street is unique, having a large amount of public parking spaces available. In order to enhance the economic vitality of downtown Main Street, some expansion of retail activity balanced with residential development is desired and possible. Parking requirements shall be waived for the following:
a. 
All lots in which the ground floor of existing or proposed structures are devoted solely to the uses located in the Business Districts Use Table § 240-6.2B, (retail sales, personal and household services, and restaurants, except fast-food restaurants) in which the existing or proposed structure does not exceed 60% coverage of the lot, or does not exceed a floor space to lot-area ratio (FAR) of more than 6/10 (0.6), whichever is less; and
b. 
Residential units as permitted in the Business Districts Use Table § 240-6.2B, specifically both the conversion of a dwelling in existence as of January 1, 1980, into four or fewer units, and a multifamily use, may be added over and above the FAR restriction of § 240-14.1B(1)a., only when:
i. 
The units are located above the ground floor;
ii. 
The total FAR of the building does not exceed 1.0;
iii. 
The lot coverage of the buildings does not exceed 60%; and
iv. 
The building conforms to required height limitations.
(2) 
Special permit required - Any expansion, new construction, or reconstruction using the above waivers shall require a special permit from the Zoning Board of Appeals under § 240-12.1, regardless of the number of parking spaces that may otherwise be required.
Off-street parking shall be provided to service the net increase in parking demand created by new construction, additions, or change of use. Buildings, structures, and land uses in existence prior to April 2, 1979, are not subject to these requirements so long as they are not enlarged or changed to increase parking needs.
Any change of use or a new structural building addition that requires parking in addition to that which already exists on the site shall meet the parking standards in accordance with § 240-14.1E below.
Parking requirements are added for mixed uses (e.g., if a motel includes a restaurant, sufficient parking in accordance with § 240-14.1E shall be provided for both uses).
Minimum Parking Requirements
Residential
Dwelling unit having 2 or more bedrooms
2 spaces per unit
Dwelling unit having fewer than 2 bedrooms
1 1/2 spaces per unit
Guesthouse, lodging house, other group accommodation
1 space per rentable room
Hotel or motel guest unit
1 1/10 space per rentable room
Multifamily development
1.5 spaces per dwelling unit having fewer than 2 bedrooms
Nursing home
1 space per 3 beds
Non-Residential
Bank
1 space per 300 square feet of leasable floor area
Bowling alley
3 spaces per alley
Business or professional office
1 space per 250 square feet of leasable floor area
Hospital
3 spaces per bed
Industrial, wholesale, bulk retail
1 space per 1.3 employees, but capable of expansion to not fewer than 1 space per 300 square feet of leasable floor area
Laundromat
1 space per 2 machines
Light Industrial B District
In this District, 600 square feet of off-street parking shall be provided for each 1,000 square feet of floor area of any building erected on a lot
Marina
1 space per 1 berth (1 space per boat capacity)
Place of public assembly
1 space per 3-person capacity based on the State Building Code
Post office
1 space per 300 square feet of leasable floor area
Restaurant, bar
1 space per 2 seats
Restaurant, fast food, or with take-out
1 space per seat but no fewer than 10 spaces
Retail sales and service
1 space per 200 square feet of leasable floor area, but no fewer than 3 spaces per separate enterprise
Shopping center of at least 50,000 square feet
1 space per 250 square feet of leasable floor area
Sports/health club
1 space per 200 square feet of building area
Theatre
1 space per 2 seats
Other uses
Parking spaces adequate to accommodate all normal demand, as determined by the Building Inspector
(1) 
Reduction by right - The off-street parking required to service retail, business, or professional use(s) on a lot may be reduced according to the Parking Reduction table below.
(2) 
The area preserved by that reduction shall be landscaped and shall not be included in the setback areas as required under § 240-11.4A.
Parking Reduction
Number of Spaces Required
Reduction
0-20
No reduction
21-30
10% reduction
31-40
15% reduction
41-50
20% reduction
50 +
25% reduction
(3) 
Parking modifications by special permit
a. 
The required number of spaces may be further reduced by a special permit from the Board of Appeals upon the Board's determination that special circumstances, such as shared use of a parking lot by activities having different peak demand times, render a lesser provision adequate for all parking needs.
b. 
For uses allowed only by a special permit, the special permit granting authority may similarly require a larger number of parking spaces to be provided if necessary to service anticipated demand.
(1) 
Minimum requirements - Whenever off-street parking for five or more automobiles is required under § 240-14.1, the following minimum requirements shall apply:
Off-street Parking Standards
A.
Parking Angle
(degrees)
B.
Stall Width
(feet)
C.
Aisle Width (one-way)
D.
Aisle Width (two-way)
E.
Parking Stall Length
(feet)
F.
Curb Length
(feet)
90
9
16
24
18
9.4
60
9
13
24
18
10.4
45
9
12
(*)
19
12.7
0
9
12
24
23
23.0
(*) One-way traffic only
250-14.tif
(2) 
Handicapped parking - Handicapped parking shall be provided in accordance with the requirements of the Massachusetts Building Code or the Architectural Access Board, whichever is greater.
(1) 
When required - For every building or structure that receives, ships, loads, or distributes materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading to avoid interference with public ways.
(2) 
Space size - All spaces shall be at least 14 feet wide by 45 feet long with sufficient area to allow vehicles entering and leaving the lot to do so without backing onto a public way.
(3) 
Number of loading spaces - Spaces shall be provided as below:
Minimum Loading Requirements
Gross Floor Area
(square feet)
Number of Loading Spaces
0 - 1,400
None
1,401 -20,000
1
20,001-50,000
2
More than 50,000
2 spaces plus 1 space for each 20,000 square feet in excess of 50,000 square feet
(1) 
Location - Required parking shall be either on the same premises as the activity it serves or located within 300 feet of the building entrance on a separate parcel. Parking shall not be separated by a street having right-of-way width of 60 feet or more. Parking shall be located in the same zoning district allowing the activity it serves. In a Business 1 District there shall be no parking or vehicular use access within any front or side yard.
(2) 
Surface - All required parking areas, except those serving single-family residences, shall be paved, unless exempted by a special permit from the Board of Appeals for cases such as seasonal or periodic use where an alternative surface will prevent dust, erosion, water accumulation, or unsightly conditions. All driveway or parking areas shall be designed or constructed so as to prevent stormwater drainage to flow onto any roadway or abutting property.
(3) 
Backing onto public way - Parking areas with five or more spaces shall be designed and located so that their use does not involve vehicles backing onto a public way.
(4) 
Ingress/egress - The following ingress and egress standards shall be met:
a. 
There shall not be more than two driveway openings onto any street from any single parcel sunless each opening center line is separated from the center line of all other driveways serving 20 or more parking spaces, whether on or off the premises, by 200 feet (measured at the street line) in a Business District or by 300 feet if in any other district.
b. 
No opening shall exceed 24 feet in width at the street line unless necessity of a greater width is demonstrated by the applicant, and the opening is designed consistent with MassDOT Highway Division Regulations § 11A-9.
c. 
No driveway side line shall be located within 20 feet of the street line of an intersecting way.
d. 
All driveways serving five or more parking spaces shall be constructed with a minimum edge radius of five feet on both sides.
e. 
All driveways serving 40 or more parking spaces shall have not less than 250 feet visibility in each travel lane entering a state-numbered or maintained highway and not less than 150 feet visibility on other streets.
(5) 
Parking areas restrictions - The following restrictions shall apply.
a. 
No part of any private parking area having five or more spaces shall be located within a front yard as defined in Article 3, Definitions, nor shall any private parking area be located within five feet of a property line.
b. 
The Planning Board may, by special permit, allow parking in front yards or within five feet of a property line.
c. 
Parking areas for marine and business uses shall be at least 15 feet from the property line of any residential district or use.
d. 
No part of a private parking area for a nonresidential use shall be located in, or interfere with, any area utilized for off-street loading or unloading of materials or merchandise, including gasoline dispensing or storage facilities, loading docks, and stacking areas for drive-thru windows.
(6) 
Light Industrial Districts - In LI Districts, parking lots shall meet the following standards:
a. 
In all Light Industrial Districts, no parking area shall be closer than 40 feet to the street line nor closer than 25 feet to any other lot line, except that in Light Industrial Districts A and C only, a parking area may be within 15 feet of any other lot line if that adjacent lot is also zoned for light industrial uses or for business uses.
b. 
In the Light Industrial B District, no single parking area shall extend for more than 150 feet in width; adjacent parking areas may be connected by a common access driveway, but each parking area shall be separated from an adjacent parking area by not less than 10 feet in width of natural or planted areas.
(7) 
Bicycle racks - For parking areas of 40 or more spaces, locking bicycle racks shall be provided to accommodate one bicycle per 20 parking spaces required or fraction thereof.
(8) 
Drive-thru establishments - Site standards for drive-thru establishments include the following:
a. 
Setbacks for stacking areas: motor vehicle stacking areas shall be set back a minimum 10 feet from all property lines.
b. 
Dimensional requirements for stacking spaces: each stacking space shall be a minimum of 10 feet wide and 20 feet long and shall not include the use of any parking space, street, sidewalk, or parking aisle area. Stacking areas shall be separated from other internal driveways. All stacking areas serving a drive-thru window shall have an inside radius of no less than 25 feet.
c. 
Stacking area requirements: vehicle stacking areas shall be provided according to the following for drive-thru establishments:
i. 
Fast-food restaurant: seven stacking spaces for the first drive-thru window, plus two stacking spaces for each additional window;
ii. 
Other uses with drive-thru windows: three stacking spaces per window.
d. 
Curb cuts: all curb cuts serving a drive-thru establishment shall have a minimum center line offset distance of 300 feet from any other curb cut serving a drive-thru establishment. All curb cuts must conform to the latest edition of the MassDOT Highway Division regulations concerning geometry and traffic circulation.
(9) 
Landscaping - See §§ 240-14.3D(7) & (8) for parking lot landscaping requirements.
See Chapter 184 of the Town of Falmouth Code for sign regulations.
(1) 
Purposes - The purposes of the landscape regulations are to:
a. 
Protect the general health, safety, and welfare of the residents of Falmouth;
b. 
Assist in reducing incompatibility between abutting uses;
c. 
Provide barriers and relief from traffic, noise, heat, glare, fumes, dust, and debris;
d. 
Preserve and enhance the character of the community;
e. 
Prevent soil erosion and silting of drainage structures and water bodies;
f. 
Retain existing significant trees;
g. 
Protect rare and endangered plant species and wildlife; and
h. 
Provide shade and windbreaks.
(2) 
Intent - It is the intent of the Town that streets, sidewalks, and parking spaces be shaded by trees; that parking, service, and outdoor storage areas be screened from view of the street and neighboring properties; that residences be buffered from commercial activities; and that impervious surfaces and ground without vegetative cover be minimized.
(1) 
When required - All development projects, other than single- or two-family dwellings, that require a special permit or a site plan review under §§ 240-12.1 and 12.2 shall submit a landscape plan as part of the required application.
(2) 
Filing requirements - The landscape plan shall be drawn at a scale of not greater than one inch = 20 feet. When required by the permitting board, the plan shall be prepared by a landscape architect, arborist, or horticulturalist registered with the Commonwealth of Massachusetts. Each sheet shall be signed, sealed, and numbered as a part of the submission.
(3) 
Plan contents - The landscape plan shall show the location of existing trees of greater than four inches in caliper measurement at a height of four feet six inches, vegetation to remain undisturbed after development, vegetation to be planted, landscape objects and structures, vehicle and pedestrian ways, and finished topography. Individual specimens of trees and shrubs shall be represented on the plan. Herbaceous perennials, annuals, bulbs, and ground covers may be represented as planting areas. A list shall be on the plan containing plant names (genus, species, variety, or cultivar), quantities, size when planted, and height at maturity. A list of approved street trees and buffer species is available in the Planning office.
For definitions of landscape terms, see Article 3 Definitions, "Landscape Related Terms".
(1) 
Introduction - For the purposes stated above, the standards in §§ 240-14.3D(2)-(10) shall apply. Alternative methods to those described below may be substituted if the applicant demonstrates to the satisfaction of the reviewing agency or special permit granting authority that the intent of § 240-14.3 is better served.
(2) 
Xeriscape - To aid in conserving the Town of Falmouth's drinking water supply, xeriscape is required for all applicable development projects unless one of the following criteria is met:
a. 
The applicant provides water for the landscape from a private well; or
b. 
The applicant installs an irrigation system (which may use Town water) but only those that drip or mist. Spray or sprinkle irrigation using Town water is prohibited.
(3) 
Planting medium - To reduce the need for watering and fertilizing and to help maintain healthy plants in formal and naturalized landscapes, soil shall be not more than 25% sand, not more than 10% clay, and not less than 65% silt. Decayed organic matter in an amount equal to 25% of the soil by volume shall be added. This is required to the following depths:
a. 
Where trees are planted, to a minimum of four feet within a four-foot radius of the trunk;
b. 
Where shrubs are planted, to a minimum of two feet within a two-foot radius of the trunk; and
c. 
Where ground covers, herbaceous perennials, annuals, or bulbs are planted, to a minimum of one foot within the planting area.
(4) 
Mulch - To prevent soil erosion and weed growth and to help retain moisture and insulate young plants, wherever soil is not covered by vegetation, mulch is required in formal and naturalized landscapes in the following manner:
a. 
Mulch shall be applied on the soil surface in a layer two to four inches deep;
b. 
Mulch shall be used as a temporary cover during the first three growing seasons until vegetation grows so as to completely cover the ground;
c. 
Mulch shall not be used as a permanent substitute for ground covers;
d. 
Ground or shredded bark, peat moss, pine needles, tree leaves, straw, or hay may be used as a mulch; and
e. 
Gravel or stone chips may be used in areas of high pedestrian traffic, but shall not exceed 10% of the landscaped area.
(5) 
Street trees - To reduce heat and glare on streets and sidewalks, street trees from the approved list are required in accordance with the following specifications.
a. 
Except in B1 Districts, street trees shall be planted no greater than 30 feet apart on a line five feet behind the street frontage. Where an access driveway interrupts this pattern, street trees shall be planted on either side of the driveway, five feet from the edge of pavement and behind the sight triangle at the intersection; existing vegetation meeting the intent of § 240-14.3 may be substituted for these requirements;
b. 
When planted, street trees shall have a trunk caliper of at least three inches at a height of four feet and shall be free of limbs below seven feet.
c. 
Street trees shall be maintained so as to reach a height of at least 45 feet at maturity.
(6) 
Front yards - With the exception of certain Overlay Zoning Districts as noted in § 240-14.3D(6)a. and (6)b. below, front yards may be formal, naturalized, or undisturbed so long as all surface areas that are not parts of walkways or driveways are completely covered by vegetation within three years.
a. 
Front yards in Water Resource Protection Overlay District (§ 240-7.8) or in Coastal Pond Overlay District (§ 240-7.2) shall be naturalized or undisturbed.
b. 
Front yards in the Wildlife Corridor Overlay District (§ 240-7.8) shall be undisturbed.
(7) 
Parking lot screening - Between the front yard and the parking, screening is required to prevent the view of vehicles from the street. This may be achieved using any combination of the following:
a. 
A row of evergreen and deciduous trees at least six feet high, with no more than 50% being deciduous, from the approved list of buffer species, and planted at intervals recommended on the approved list;
b. 
A hedge at least three feet high, to grow to a minimum of four feet high at maturity;
c. 
A berm at least four feet high with no slope greater than three to one (3:1) mulched and planted so as to be completely covered by vegetation in three years; or
d. 
A solid fence or wall at least four feet high, the faces of which shall be planted with shrubs at an interval of not less than one every 20 feet with the intervening faces planted with herbaceous perennials, annuals, or bulbs in an area not less than two feet wide.
(8) 
Parking lot interiors - Vegetated islands are required within paved areas behind the street setback according to the following specifications:
a. 
40 square feet of vegetated island shall be provided per parking stall within the paved area;
b. 
The minimum dimension of each vegetated island shall be four feet in width, except at corners, and the minimum area shall be 162 square feet;
c. 
No fewer than one street tree as described in § 240-14.3D(5)a. shall be planted for each 162 square feet of vegetated island;
d. 
The remainder of the parking area not used for stalls or driveways shall be planted with any combination of trees, shrubs, ground cover, herbaceous perennials, annuals, or bulbs so that the ground is completely covered after three growing seasons;
e. 
Plants within the required sight triangles shall be no greater than two feet in height; and
f. 
Vegetated islands are required to separate rows of parking stalls and interior driveways.
(9) 
Service area screens - Where service areas exist, they shall be screened from view of the street, parking, and adjacent properties. This may be achieved using any combination of the following:
a. 
A row of evergreen and deciduous trees, at least six feet high, with no more than 30% being deciduous, from the approved list of buffer species, and planted at intervals recommended on the approved list; or
b. 
A solid fence or wall at least six feet high.
(10) 
Residential buffers - A buffer is required between business or industrial uses and residences, nursing homes, hospitals, or similar uses. The buffer shall protect abutting properties from glare, noise, dust, fumes, heat, and traffic. This may be achieved using any of the following:
a. 
Two rows of evergreen trees, from the approved list of buffer species, at least six feet high, planted at intervals recommended on the approved list, and faced with a row of shrubs at least three feet high; or
b. 
One row of evergreen trees, from the approved list of buffer species, at least six feet high, planted at intervals recommended on the approved list, and faced with a row of shrubs at least three feet high, and backed with a solid fence or wall at least six feet high or
c. 
A berm a minimum of five feet high, with no slope greater than 3:1, planted with trees and shrubs so that the ground is completely covered with vegetation.
(1) 
Planting and maintenance - Landscaping shall be installed upon completion of the project and onset of the first appropriate planting season for each species. Plant materials shall be maintained in a healthy condition. Any plants that die or are damaged shall be replaced within one year.
(2) 
Performance - Failure to meet the performance standards of § 240-14.3 may result in the forfeiture of any performance guaranties held by the Town of Falmouth in association with the project, the denial of occupancy permits, or the imposition of fines as authorized in § 240-2.4B.
The purpose of § 240-14.4 is to provide local farms an opportunity to engage in farm related businesses such as agricultural tourism, farm vacations, active and passive recreational opportunities, and similar activities, in order to promote agriculture, the preservation of open space, and the continuation of farming as a viable component of the local economy.
All agricultural activities shall conform to the rules, regulations, and determinations of the Board of Health and other bylaws of the Town of Falmouth.
Livestock shall be properly fenced and adequate shelter shall be provided.
See Article 3 Definitions, § 240-3.3, Agriculture and Farm Related Terms, for definitions associated with agriculture.
(1) 
Use regulations - In order to achieve the purposes of § 240-14.4, the following uses are allowed as a matter of right on farm parcels:
a. 
Farmer's market for the retail sale of locally grown products, including processed products of the farm parcel such as pies or jams, etc.;
b. 
Harvest festival or similar social events provided that the use shall not exceed two days in any calendar week;
c. 
Recreation including picnic facilities, fee-fishing ponds, cross-country skiing, horseback riding trails, and canoe rentals;
d. 
Craft sales associated with locally grown products that are produced on the farm parcel; and
e. 
Farm implement repair, sale of small or light garden supplies, equipment, and tools customary and incidental to the sale of garden plants and nursery stock, subject to the following:
i. 
No more than 40% of the farm parcel up to five acres shall be devoted to such use including areas used for structures, parking, storage, or display; in no case shall the remaining land devoted exclusively to agricultural use be less than five acres;
ii. 
The owner or occupant of the farm must be engaged in the farm-related business;
iii. 
The use must be conducted within a completely enclosed building or screened from view by landscaping or fencing; and
iv. 
A side and rear yard setback of 100 feet must be maintained from a single-family residence lot or district.
(2) 
Site plan - For any event not associated with an exempt agricultural activity, the Planning Board shall review a site plan of proposed parking.
(3) 
Special permit uses - A veterinary clinic or animal hospital may be allowed by special permit by the Zoning Board of Appeals.
BOARD
shall mean the Zoning Board of Appeals
EARTH
shall include but not be limited to soil, sand, clay, gravel, and rock
EARTHMOVING
shall mean mining, stripping, quarrying, filling, digging, or blasting of earth and its transportation on or off the site
(1) 
Criteria - For all land not subject to the wetland (§ 240-14.8) or floodplain (§ 240-7.3) regulations of this bylaw and not in public use, except where such activity is clearly incidental to the development of a site for a building street, or active cranberry bog, no earth shall be moved from any area where the amount of earth moved is 1,000 cubic yards or more within any three-year period unless authorized by a special permit by the Board.
(2) 
Standard - In no case shall the Board issue a special permit for moving a greater amount of earth than the Board deems necessary for the purpose stated in the special permit application.
(1) 
Procedures - Each application for a special permit for earthmoving shall be subject to the applicable procedures outlined in § 240-12.1.
(2) 
Plan requirements - Each application for a special permit for earthmoving shall be accompanied by a plan drawn to a twenty-foot or forty-foot scale showing the premises in sufficient detail to describe the proposed operation and including the following:
a. 
Property and street lines, names and addresses of applicants, property owners, abutters, and, if less than all of the applicant's land is shown, then the entire parcel as an inset drawn to the 200-foot scale;
b. 
Existing topography of the site in two-foot contours showing all man-made features, property lines, vegetative cover, and the topography by five-foot contours 100 feet beyond the limits of the property where the excavation is to take place;
c. 
Proposed topography of the site in two-foot contours;
d. 
Elevation of the seasonal high groundwater table;
e. 
Location and manner in which all cover material is to be stored;
f. 
Estimated quantity of material to be removed, topsoil to be replaced, and method to be used verified by a registered Massachusetts land surveyor or professional civil engineer; and
g. 
Reclamation plan, showing the following information:
i. 
Final grades and elevations;
ii. 
Location, types, and amounts of vegetation to be planted;
iii. 
Drainage plans, swales, and berms as may be applicable;
iv. 
Location of any structures that are to remain;
v. 
Form of performance guaranty to be used, the name and address of the guarantor; and
vi. 
Specific details as to where debris, including tree stumps, shall be disposed.
h. 
A road map indicating the routes to be used to transport the earth removed, including any driveways along that route. Not more than one entrance and one exit from a way public or private, shall be provided to any area of operation; access points shall be located so as to avoid routing of vehicles over developed residential streets; and
i. 
A compliance plan for those items found in § 240-14.5E.
(1) 
Time period - No special permit for earthmoving shall be issued for a period of more than three years.
(2) 
Special permit phasing for a specific section of a property - A special permit for earthmoving may be granted for a contiguous area not to exceed five acres within a larger parcel. Approval of additional areas shall be contingent upon the satisfactory completion and reclamation of each previous section except on such abutting portions as the Board deems necessary for continuity of the earthmoving operation. Work of any sort connected with earthmoving shall not be performed on more than one phase area at a time.
(1) 
Permit requirements - Each special permit shall be subject to the following requirements where applicable:
a. 
All vegetation and soil suitable for cover material shall be stockpiled or windrowed and retained for future use in the reclamation of the affected area.
b. 
For earthmoving operations, border buffer strips where natural vegetation and soil are undisturbed shall be a width of at least 100 feet from the side line of any road open to public use, except for designated access to the earthmoving operation and for a width of at least 200 feet from abutting property lines unless written consent of the abutting property owner has been received by the Board. Each special permit application shall also be subject to § 240-7.6.
c. 
The preservation of trees, bushes, and other vegetation, and the installation of a six-foot-high landscaped berm or fencing may be required within 200 feet of a property line to muffle objectionable noise or vibration and to be a visual screen from adjacent properties or ways.
d. 
The depth of any excavation shall be limited to a plane that is at least 10 feet above the seasonal high groundwater level for that location, unless the purpose is to create a pond or active cranberry bog.
e. 
Provisions shall be maintained during operations for the control of noise, dust, or erosion caused by wind or water that could affect the adjacent properties or traffic along a roadway.
f. 
No processing of loam, and no operation involving earth materials other than that authorized by the special permit, shall take place on the subject premises during the period of time of the special permit unless specifically permitted by law.
g. 
No earth or other materials foreign to the subject premises, including boulders, asphalt, cement, road construction debris, demolition debris, or tree stumps shall be brought onto and deposited on the subject premises during the period of the special permit except topsoil and living plant material for reclamation use, unless specifically allowed by a condition of the special permit.
h. 
The special permit grantee shall, to the satisfaction of the Board, stake or mark all phase areas where work and restoration have been completed, the phase area currently being worked, and any phase areas for which subsequent work is planned. These boundary markers shall be maintained at all times during the time period of original and any renewed special permits.
i. 
Records showing the amount of earth removed shall be provided to the Board on each one-year anniversary date of the granting of the special permit by a registered Massachusetts professional engineer or civil engineer on a certified as-built plan.
j. 
No earthmoving or related operations shall take place except between 7:00 a.m. and 5:00 p.m. Monday through Friday and 8:00 a.m. and 12:00 noon on Saturdays and in no case on a legal federal holiday or Sunday. Included among related operations are the starting of engines either for vehicles or machinery loading and unloading of trucks, and preparations for commencing work that are plainly audible at a distance of 150 feet from the property from which the noise originates.
k. 
The subject property shall be kept free of any debris including tree stumps. No debris generated on site shall be buried or otherwise disposed of without the prior written consent of the Board of Health or its agent. In this connection, debris is not included in the definition of "earth" in § 240-14.5A above.
l. 
By acceptance of the special permit the applicant and property owner agree to allow the Board or its representative(s) free access to the site to conduct inspections to determine compliance with the conditions of the special permit at any time without prior notice unless otherwise provided for, or precluded by, state statute.
m. 
The applicant shall reimburse the Town of Falmouth for actual costs incurred in evaluation services to monitor operations on site should these services become necessary as determined by the Board.
n. 
The Board shall be notified of any transfer of ownership or legal interest or change in contractual interest in the subject property, including the earthmoving operator deriving income resulting from work on the property, within 10 days of the transfer or change. Failure to do so will render the special permit null and void.
o. 
The reclamation plan of the altered land shall be performed in the following manner:
i. 
The slope of the finished banks shall not exceed one foot in depth for every three feet of horizontal distance.
ii. 
At least four inches of topsoil shall be placed or remain over the subsoil.
iii. 
The area shall be graded and seeded or planted to prevent erosion and to conceal the scars of earth removal.
iv. 
Seeding, planting, fertilizing, and watering shall be done to the best professional standards.
v. 
The Board may allow a portion of a specific phase to be reclaimed at a later specific date for purposes of starting work in an adjacent phase or for purposes of interior roadways, and those areas shall be shown on the submitted site plans.
(1) 
Submission of security - To ensure compliance with the conditions of the special permit the applicant shall be required to post a cash deposit or surety bond in a form acceptable to the Town Treasurer, in amount sufficient to meet 115% of the estimated cost of the required reclamation work. Within six months of the completion of the operation, or following the expiration or withdrawal of the special permit, the land shall be reclaimed in accordance with the conditions of the special permit. Failure to comply with this section and the conditions of the special permit may result in forfeiture of the security to the Town of Falmouth.
(2) 
Release of security - The deposit or bond shall not be released until all conditions of the special permit and ground cover vegetation is established in the opinion of the Board.
(1) 
Special permit criteria - No special permit for earthmoving shall be issued if:
a. 
The removal will endanger public health or safety or constitute a nuisance or result in detriment to the normal use of adjacent property by reason of noise, dust, or vibration;
b. 
The work extends within 100 feet of a way open to public use, whether public or private;
c. 
There is no plan showing a vegetative barrier to remain on the property, or to be planted upon completion of the project, that would prevent view of the project from a street; and
d. 
Any work is located within a Water Resource Protection District as established by § 240-7.7.
The purpose of § 240-14.6 is to encourage a constant pace of residential development, provide long-term support to the local building industry, stabilize property values, and facilitate adequate provision of public services to individual developments and the Town in general.
Section 240-14.6 shall apply to all divisions of land into more than 20 lots in any twelve-month period. Subdivisions created by way of a special permit for planned residential developments (§ 240-9.70) shall also be subject to these regulations. This shall also apply to all division of land within the Town of Falmouth even if approval under the Subdivision Control Law (MGL c. 41, §§ 81K-FF) is not required.
Whenever a new lot or lots are formed from a part of any other lot or lots, the assembly or division shall not impair any of the requirements of § 240-14.6 and shall be in accordance with Chapter 305, the Subdivision Regulations of the Town of Falmouth.
(1) 
Land division constraints - The division of a parcel or combined adjacent parcels of land in any zoning district or districts shall not exceed 20 lots in any twelve-month period if two or more of the following apply:
a. 
The properties were in the same ownership as of September 10, 1984;
b. 
The properties were contiguous as of September 10, 1984;
c. 
The properties to be divided will create lots that have frontage on the same existing roads; or
d. 
The properties to be divided will create lots with common access roads.
(1) 
Twenty or more lots - Division of land in excess of 20 lots as defined in § 240-14.6D, above may be allowed if either of the following requirements of (1)a., or (1)b., are met:
a. 
The owner of the land covenants with the Planning Board that:
i. 
Not more than 20 lots will be built upon in any twelve-month period;
ii. 
The twelve-month period shall commence on the date of endorsement by the Planning Board;
iii. 
The covenant shall identify the lots that may be built upon in each twelve-month period;
iv. 
The covenant shall be recorded with other pertinent documents with the definitive plan;
v. 
In the case of a Planned Residential Development, the covenant shall identify as buildable lots within each twelve-month period the number of lots that will accommodate no more than 20 dwelling units;
b. 
The owner of the land applies for and receives a special permit from the Planning Board in accordance with MGL c. 40A, §§ 9 and 11, to divide more than 20 lots in any twelve-month period; the Planning Board shall grant a special permit for such division only if the Board determines that the benefits to the Town outweigh the adverse effects, based on the review criteria in § 240-14.6E(2) below, resulting from granting the special permit.
(2) 
Impacts - In reviewing a special permit application under § 240-14.6E(1)b., the Planning Board shall consider the impact upon schools, other public facilities, traffic and pedestrian travel, availability and quality preservation of drinking water, adequacy of recreational facilities, open spaces, and agricultural resources, preservation of unique natural features, housing for senior citizens and people of low and moderate income, as well as the Local Comprehensive Plan or growth management plans prepared by the Planning Board in accordance with MGL c. 41, § 81D.
(3) 
Chapter 40A and Zoning Bylaw - All the provisions of MGL c. 40A, §§ 9 and 11, and of § 240-12.1, relating to the granting or denial of special permits shall, so far as apt, be applicable to a special permit application under § 240-14.6E(1)b.
Lots whose development have been subject to the covenant as provided in § 240-6E(1)a. shall be governed by the applicable provisions of this bylaw in effect at the time of the plan's endorsement by the Planning Board and for a period equivalent to that provided for by MGL c 40A, § 6. except, however, the statutory protection afforded by MGL c. 40A, § 6, shall not commence until the lot or lots qualify for construction according to the terms of the covenant noted in § 240-14.6E(1)a.
(1) 
Exemption provisions - The provisions of § 240-14.6 shall not apply to, nor limit in any way, the granting of building or occupancy permits required for:
a. 
Enlargement, restoration, or reconstruction of dwellings existing on lots as of 10/17/1984;
b. 
Permits protected under § 240-10.1A(1).
(1) 
Special permit requirements - Any lot or lots shown on a plan endorsed by the Planning Board or duly recorded at the Registry of Deeds as of April 1, 1995, shall be eligible to apply for a special permit to transfer a portion or all of the development rights on the lot or lots in certain zoning districts (hereinafter called "donor lots" and "donor districts") to a different location and different zoning district (hereinafter called "receiving lots" and "receiving districts") to be included as part of a subdivision requiring approval under MGL c. 41, §§ 81K-FF of the Subdivision Control Law, provided that the following requirements are met:
a. 
Each donor lot or portion thereof complies, in all respects, with the minimum requirements for obtaining a building permit by right or, if in the opinion of the Planning Board, the lot or portion thereof is a potentially subdividable lot of land given minimum zoning requirements, subdivision regulations, and other pertinent regulations;
b. 
The locus of the receiving district contains at least two acres in a B2, B3, BR, or LIA zone, five acres in a RA, RB, RC, AGA or AGB zone, or 10 acres in an AGAA or RAA zone; and
c. 
The owner or owners of the donor lot(s) record at the Registry of Deeds a covenant running in favor of the Town of Falmouth prohibiting the construction or placement of any structure on the donor lot(s).
(2) 
Town-owned land - Town-owned land approved for this purpose by a 2/3 vote of Town Meeting shall be available as a donor or receiving district.
(1) 
Chapter 61A land - Any existing building lot shown on a plan recorded at the Registry of Deeds, or any contiguous parcel of land of at least 5 acres which qualifies for or is currently assessed by the Town of Falmouth or the Commonwealth of Massachusetts under the provisions of MGL c. 61A.
(2) 
Overlay district lands - All land within the Water Resource Protection Overlay District (§ 240-7.7), and all land within the Coastal Pond Overlay District (§ 240-7.2.)
(1) 
Specified receiving zoning districts - Receiving districts shall consist of all land currently zoned AGAA, AGA, AGB, B2, B3, LIA, RAA, RA, RB, or RC, except that receiving districts shall not be considered to include any land within a mapped Water Resource Protection Overlay District as established by § 240-7.7, any land within a mapped water recharge area as referred to in § 240-13.1D(2), or any land referred to in § 240-14.7B.
(2) 
Receiving districts requirements - Receiving districts shall be eligible to "accept" donor lots according to the schedule of § 240-147D(1) provided that the locus of the receiving district is the subject of a subdivision plan requiring Planning Board approval under the requirements of MGL c.41, § 81U and a special permit under the requirements of § 240-12.1, except that § 240-9.7E(1) & (2) shall not apply to plans filed under § 240-14.7. No transfer of development rights shall be approved by the Planning Board into a receiving district locus not requiring subdivision approval.
(3) 
Dimensional reductions - In transferring development rights to a receiving district, the Planning Board may allow the minimum frontage, width, and area standards of the total subdivision, including transferable lot rights, to be reduced according to criteria specified in § 240-9.7A(2).
(1) 
Transfer credits - Lots within donor districts shall be eligible to transfer their development rights to receiving districts only in compliance with the following table:
Transfer Credits
Donor Districts
Receiving Districts
Assignable Credit
RC
RB, AGB
1.4
RC
RA, AGA
1.3
RC
RAA, AGAA
1.2
RB, AGB
RB, AGB
1.3
RB, AGB
RA, AGA
1.3
RB, AGB
RAA, AGAA
1.2
RA, AGA
RA, AGA
1.3
RA, AGA
RAA, AGAA
1.2
RAA, AGAA
RAA, AGAA
1.2
(2) 
Transfer calculation example - Ten lots within an RC Donor District are transferred to an RB parcel within a Receiving District. The RB parcel has suitable acreage under the provisions of § 240-14.6, for 20 lots. The transfer of 10 lots in the RC District to the RB District entitles the RB landowner to a four-lot bonus [10 (RC) x 1.4 (assignable credit, § 240-14.7D) = 14]. Thus, the total number of lots possible in the RB Receiving District under this section is 34: (10 x 1.4 = 14 from RC Donor District + 20 from RB District = 34 potential lots)
(3) 
Lot fractions - Fractions of lots shall not be counted.
(4) 
Business or industrial districts - Business or industrial zoned land may be a Receiving District where the total number of attached dwellings will be equal to the number allowed by § 240-14.7D and the number of units permitted by zoning in the Donor District.
The special permit granting authority for a transfer of development rights special permit shall be the Planning Board. The provisions of § 240-12.1 and MGL c. 40A, §§ 9 and 11 shall apply to all special permits issued under § 240-14.7.
(1) 
Purpose - The purpose of § 240-14.8 is to provide for the reasonable protection and conservation of certain irreplaceable wetlands, their resources and amenities, for the benefit and welfare of the present or future inhabitants of the Town.
(2) 
Applicability/special permit - Any person wishing to perform, or cause to be performed, any of the following acts or operations shall first obtain a special permit from the Select Board:
a. 
Obstructing, filling, dredging, excavating, or changing the course of a stream or tidal water; or
b. 
Filling, excavating, diking, bulkheading, or riprapping within any part of any swamp marsh or tidal marsh, or in or along the shore of any pond, bay, harbor, or tidal river, so as to alter the shoreline of the swamp, marsh, or body of water, or separate any section of the swamp, marsh or body of water from the main part.
(1) 
Special permit decision - Following the public hearing and with due regard to the effect on the immediate area and the general welfare of the Town, the Select Board shall grant or deny a special permit for any of the acts or operations identified in § 240-14.8A(2). In granting a special permit the Board may impose reasonable restrictions and time limitations on the work to be done. In doing so, it shall be guided by what, in its judgment, is desirable to protect and conserve shellfish and other aquatic resources of the Town.
(2) 
Performance security - The Select Board shall require that the applicant post a cash deposit or surety bond in a form acceptable to the Town Treasurer in an amount determined by the Board sufficient to ensure satisfactory compliance with the special permit and any specific restrictions and limitations thereof, or to restore any area of unfinished work to its original condition.
(3) 
Area of critical environmental concern (ACEC) - No special permit shall be issued in the area of critical environmental concern unless all available means of mitigating or reducing environmental damage have been implemented and any remaining environmental damage is minor or insignificant enough to not irreparably affect the ACEC or its resources.