Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[Added 11-7-1987 by Art. 1]
Developments designed to be used for business and professional offices, commercial establishments, industrial facilities, medical-service facilities, public recreational facilities and multiple-family dwellings, together with their associated outdoor areas for vehicular movement and parking, invite and accommodate varying degrees of open and continuous use by the general public. Owing to their physical characteristic and the nature of their operations, such developments may affect neighboring properties and adjacent sidewalks and streets. It is in the interest of the community to promote functional and aesthetic design, construction and maintenance of such developments and to minimize any harmful effects on surrounding areas.
The provisions of this article are designed to assure that all development activities regulated by this article will be carried out so as to provide for and maintain:
A. 
Protection of neighboring properties against harmful effects of uses on the development site;
B. 
Convenient and safe access for fire-fighting and emergency rescue vehicles within the development site and in relation to adjacent streets;
C. 
Convenience and safety of vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements;
D. 
Satisfactory methods for drainage of surface water to and from the development site;
E. 
Satisfactory methods for storage, handling and disposal of sewage, refuse and other wastes resulting from the normal operations of the establishment(s) on the development site;
F. 
Convenience and safety of off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment(s) on the development site; and
G. 
Harmonious relationship to the terrain and to existing buildings in the vicinity of the development site.
The provisions of this article shall apply to:
A. 
Any construction, demolition, grading, clearing or other land development activity, except for improvements made as shown on a definitive subdivision plan approved by the Planning Board of the Town of Barnstable and minimal clearing necessary to accomplish soil test borings, percolation tests and similar site testing and investigation.
B. 
Establishment of any new use or new construction of any building or structure, including any grading or land development activity except detached single-family and two-family dwellings and permitted accessory structures thereto.
[Amended 10-7-1993 by Order No. 94-015]
C. 
Any alteration, expansion, reconstruction or modification to the existing condition(s) of a structure or any change of use which would necessitate the provision of additional off-street parking, additional lot area or any other site alteration in order for such structure or use as so changed to comply with all requirements of this chapter.
D. 
The construction or creation of any new parking lot or the expansion or redesign of any existing parking lot.
[Amended 2-22-1996 by Order No. 95-194]
E. 
The erection of any freestanding sign, except not to include directional signs.
A. 
No building permit or occupancy permit shall be issued for any activity or use within the scope of § 240-100 herein unless a site plan has been approved therefor.
B. 
No activity within the scope of § 240-100 herein shall be carried out without an approved site plan therefor. Any work done in deviation from an approved site plan shall be a violation of this chapter, unless such deviation is approved in writing by the Building Commissioner as being of no significant detriment to the achievement of any of the purposes set forth in § 240-99 herein.
A. 
The site plan shall include one or more appropriately scaled maps or drawings of the property, drawn to an engineer's scale, clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed:
(1) 
Legal description, Planning Board subdivision number (if applicable), Assessors' Map and parcel number and address (if applicable) of the property.
(2) 
Name, address and phone number of the property owner and applicant, if different than the property owner.
(3) 
Name, address, and phone number of the developer, contractor, engineer, other design professional and agent or legal representative.
(4) 
Complete property dimensions, area and zoning classification of property.
(5) 
Existing and proposed topographical contours of the property taken at two-foot contour intervals by a registered engineer or registered land surveyor.
(6) 
The nature, location and size of all significant existing natural land features, including, but not limited to, tree, shrub, or brush masses, all individual trees over 10 inches in caliper, grassed areas, large surface rock in excess of six feet in diameter and soil features.
(7) 
Location of all wetlands or water-bodies on the property and within 100 feet of the perimeter of the development activity.
(8) 
The location, grade and dimensions of all present and/or proposed streets, ways and easements and any other paved surfaces.
(9) 
Engineering cross sections of proposed new curbs and pavements, and vision triangles measured in feet from any proposed curb cut along the street on which access is proposed.
(10) 
Location, height, elevation, interior and exterior dimensions and uses of all buildings or structures, both proposed and existing; location, number and area of floors; number and type of dwelling units; location of emergency exits, retaining walls, existing and proposed signs.
(11) 
Location of all existing and proposed utilities and storage facilities including septic systems and any storage materials, truck loading and parking areas, tanks, garbage dumpsters and recyclable storage materials.
(12) 
Proposed surface treatment of paved areas and the location and design of drainage systems with drainage calculations prepared by a registered civil engineer.
(13) 
Complete parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, bumper stops, required buffer areas and planting beds.
(14) 
Lighting plan showing the location, direction and intensity of existing and proposed external light fixtures.
(15) 
A landscaping plan showing the location, name, number and size of plant types, and the locations and elevation and/or height of planting beds, fences, walls, steps and paths.
(16) 
A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas including, where relevant, the zoning and land use pattern or adjacent properties, the existing street system in the area and location of nearby public facilities.
(17) 
Location within an Historical District and any other designation as an historically significant property, and the age and type of each existing building and structure on the site which is more than 50 years old.
(18) 
Location of site with regard to the GP Groundwater Protection Overlay District and WP Well Protection Overlay District as shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map.
[Amended 9-17-1998 by Order No. 99-012]
(19) 
Location of site with regard to flood areas regulated by § 240-34 herein.
(20) 
Location of site with regard to areas of critical environmental concern as designated by the Commonwealth of Massachusetts, Executive Office of Environmental Affairs.
B. 
Additional information may be required by the Building Commissioner or his designee, as reasonably necessary, to make determinations required by this article.
[Amended 11-15-2001 by Order No. 2002-029]
A. 
A reasonable effort shall be made to conserve and protect natural features that are of some lasting benefit to the site, its environs and the community at large.
B. 
Slopes which exceed 10% shall be protected by appropriate measures against erosion, runoff, and unstable soil, trees and rocks. Measures shall be taken to stabilize the land surface from unnecessary disruption. Such stabilization measures shall be the responsibility of the property owner.
C. 
The placement of buildings, structures, fences, lighting and fixtures on each site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of adjacent properties.
D. 
At any driveway, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow so as to materially impede vision from within motor vehicles between a height of three feet and eight feet above the average center-line grades of the intersecting street and driveway, said triangle being bounded by the intersection of the street line and the edges of a driveway and a line joining points along said lines 20 feet distant from their projected intersection.
E. 
Adequate illumination shall be provided to parking lots and other areas for vehicular and pedestrian circulation. In no case shall freestanding illumination devices be installed to a height exceeding 15 feet in a residential district.
[Amended 11-7-2019 by Order No. 2020-021]
(1) 
Any outdoor lighting shall be directed on site only.
(2) 
Light fixtures shall have a total cutoff of all light at less than 90° and a beam cutoff of less than 75°. Attached building or wall pack lighting should be screened by the building's architectural features or contain a forty-five-degree cutoff shield.
(3) 
For commercial or mixed use developments, trespass of light at the property boundary shall not exceed 0.1 footcandle. Where commercial or mixed use developments abut a residential district, trespass of light at that boundary shall not exceed 0.05 footcandle. For developments that are exclusively residential, trespass of light at property boundaries shall not exceed 0.05 footcandle. At driveways, lighting may be up to 0.5 footcandle at the property line adjacent to a roadway. Electric service for lighting on posts or poles shall be placed underground.
(4) 
In no case shall exterior or outdoor lighting cause glare that impacts motorists, pedestrians or neighboring premises.
F. 
All areas designed for vehicular use shall be paved with a minimum of either a three-inch bituminous asphalt concrete, a six-inch portland cement concrete pavement, or other surface, such as brick, cobblestone or gravel, as approved by the Town Engineer.
G. 
All parking spaces shall be arranged and clearly marked in accordance with the parking lot design standards contained in § 240-104 herein. Signs and pavement markings shall be used as appropriate to control approved traffic patterns.
H. 
All utility service transmission systems, including but not limited to electrical, telephone, cable and other communication lines, shall, whenever practicable, be placed underground or moved behind buildings.
I. 
All surface water runoff from structures and impervious surfaces shall be disposed of on site, but in no case shall surface water drainage be across sidewalks or public or private ways. In no case, shall surface water runoff be drained directly into wetlands or water bodies. Drainage systems shall be designed to minimize the discharge of pollutants by providing appropriately designed vegetated drainage channels and sedimentation basins that allow for adequate settling of suspended solids and maximum infiltration. Dry wells, leaching pits and other similar drainage structures may be used only where other methods are not practicable. All such drainage structures shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. All calculations shall be for a twenty-year storm and shall be reviewed by the Town Engineer.
J. 
In addition to the provisions of this section, all other applicable requirements of this chapter shall be complied with.
K. 
Storage areas. Exposed storage areas, machinery, garbage dumpsters, recyclable storage, service areas, truck loading areas, utility buildings and structures shall be screened from view of abutting properties and streets using planting, fences and other methods compatible with this chapter. Garbage dumpsters shall be located in designated areas, and where feasible, shared with other uses.
L. 
Craigville Beach District implementing regulation: additional site development standards.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
(1) 
Stormwater management. Within the Craigville Beach District, for nonresidential uses including nonresidential parking lots, all new development, expansions, modifications, alterations and changes in use shall obtain the approval of the Building Commissioner for a stormwater management plan that meets the following requirements:
(a) 
Stormwater management and erosion controls shall use best management practices, low-impact designs and other adaptive management practices that at a minimum accommodate the twenty-four-hour, twenty-five-year storm event and, to the maximum extent feasible, conform to the Massachusetts Stormwater Management Standards adopted pursuant to 310 CMR 10.05(6)(k), Policy, and guidelines as set forth in the Massachusetts Stormwater Handbook; and
(b) 
A long-term operation, inspection and maintenance plan that ensures stormwater management systems will function as designed.
(2) 
Planting and vegetation management. Within the Craigville Beach District, for nonresidential uses including nonresidential parking lots, all new development, expansions, modifications, alterations and changes in use shall obtain the approval of the Building Commissioner for a planting and vegetation management plan that incorporates the use of native and drought-resistant plantings that minimize the need for irrigation and the use of pesticides and chemical fertilizers. Drip irrigation should be used as an alternative to spray irrigation for establishing plantings and maintaining plantings under extreme drought conditions.
(Editor's Note: See drawings at the end of this chapter.)
A. 
At least six copies are required of all site plan sheets, drawings and written information. Submissions shall be delivered to the Building Department.
B. 
Within five working days of receiving a site plan, the Building Commissioner or his designee shall distribute copies of the site plan to the Department of Planning and Development, the Department of Public Works and the Board of Health.
C. 
Upon receipt of a site plan from the Building Commissioner or his designee, the agencies as noted in Subsection B shall respond in writing, by notations on the site plan, or both, as to the propriety of the proposed development, within the context of each agency's jurisdiction. Such response shall be made to the Building Commissioner or his designee within 10 working days of each agency's receipt of the site plan.
D. 
The Building Commissioner or his designee may solicit the advice of any other Town agency or department he deems necessary to properly make the determinations required by this article.
E. 
Site plans shall be reviewed for consistency with zoning and other applicable regulations and standards, and within 20 working days of receiving a site plan, the Building Commissioner or his designee, shall notify the applicant of any approval, conditional approval or disapproval, stating reasons.
F. 
One copy of the approved site plan shall be provided each to the applicant, the Department of Planning and Development, the Department of Public Works and the Board of Health. One copy of the approved site plan shall remain in the records of the Building Department.
G. 
Upon completion of all work, a letter of certification, made upon knowledge and belief according to professional standards, shall be submitted to the Building Commissioner or his designee by a registered engineer or registered land surveyor, as appropriate to the work involved, that all work has been done substantially in compliance with the approved site plan, except that the Building Commissioner or his designee may certify compliance.