The requirements and regulations set forth in
this section apply to all developments under this bylaw.
The disposal of sanitary wastes shall be accomplished
in a safe and adequate manner subject to the rules and regulations
of the Abington Board of Health and the Massachusetts Department of
Environmental Protection. The proposed method of sanitary sewage disposal
shall be shown precisely on plans.
All surface water drained from roofs, parking
lots, streets, and other site features shall be disposed of in a safe
and efficient manner and shall not create problems of water runoff
or erosion on the site in question or on other sites. Insofar as possible,
natural drainage courses, swales properly stabilized with plant materials
or paving when necessary, and drainage impounding areas shall be utilized
to dispose of water on the site through natural percolation.
A.
All slopes shall be stabilized by adequate ground
cover or other approved means to prevent erosion and to retard excessive
runoff. Means of preventing erosion during construction shall be provided
to the satisfaction of the Building Inspector.
B.
Natural slopes shall be retained insofar as possible
when sitting structures. Finish contours shall direct surface drainage
around structures rather than directly against them, using swales
or other approved means.
C.
No portion of any lot whose slope equals or exceeds
20% shall have any structure built on it except by special permit
from the Board of Appeals.
D.
Upon completion of grading and replacement of topsoil,
slopes shall be appropriately stabilized according to the following
guidelines: slopes greater than 35% should be avoided in most cases;
slopes between 25% and 35%, riprap or terracing should be used; slopes
between 10% and 25%, sod, or established vegetation or seedlings in
association with webbing material placed over the soil; slopes between
4% and 10%, plant seed in association with webbing placed over the
soil, or heavy mulch or gravel.
A.
Natural tree coverage and other desirable natural
foliage shall be preserved on all lots to the maximum extent possible.
B.
Outside of areas of actual construction activity all
trees of greater than five inches diameter at four feet above the
ground should be preserved. If a lot is covered with mature trees
of greater than five inches breast height diameter, they should not
be thinned by more than 50%. In all residential areas, upon completion
of construction, there shall be an average minimum of four trees per
dwelling unit, at least two of which shall be on each lot or, in the
case of multi-family residential, within 50 feet of each dwelling
unit. Such trees shall be of a species suited to the soil and climate
of the area, shall be in healthy condition, and shall be a minimum
of 12 feet in height and 2 1/2 inches in diameter 18 inches above
ground level. Such trees may be planted by the developer if existing
trees cannot be saved.
In order to protect residential land uses from
potential noxious or disruptive effects of adjacent land uses of different
character, the following buffer areas shall be provided:
A.
Where commercial, multi-unit residential or industrial uses adjoin existing residential properties or residential districts, whether developed or undeveloped, adequate buffering shall be provided along all lot lines adjoining the residential properties in addition to that required in § 175-29. A buffer strip of at least 20 feet in width shall be reserved and screening shall be provided in the form of a natural growth of trees, if existing; or a natural growth of trees and thick planting; or a double row of evergreen trees not less than eight feet in height and not more than 20 feet apart, the spacing of one row centered on the spacing of trees in the other; or a solid screen types fence six feet in height complemented by suitable plantings.
C.
The owner of property adjacent to residential properties
shall cause the buffer zones to be provided and constructed at such
time as the property is developed as permitted under this bylaw.
D.
Established business and industrial properties actively
engaged in business at the time of acceptance of this bylaw shall
not be required to provide the buffer zone construction until such
time that additions or alterations are made to such properties.
E.
The owner of said properties shall be required to
maintain buffer strips in a clean and safe manner. Any trees or plantings
which die shall be replaced.
F.
Any fencing or buffering along lot lines intersecting with a street shall be required to either terminate or be no higher than four feet within 20 feet from the street line, and shall in any event terminate at least 10 feet in from the street line. Strict compliance with these buffering requirements of § 175-66 may be waived or adjusted by a majority vote of the Planning Board during site plan review when good cause is shown, including, but not limited to, proposed topography and building locations, aesthetics and sight lines, existing vegetation on the locus and/or abutting properties which will likely remain, or other characteristics of the locus property and/or abutting properties.
[Added 6-8-2015 ATM by
Art. 18]
G.
No residential front yard may be completely enclosed by a solid fence,
unless the portion of the fencing running parallel to any street is
no higher than four feet, and no portion of the solid fence is located
within 10 feet of any street line, or take any other action relative
thereto.
[Added 6-8-2015 ATM by
Art. 18]
All service areas, loading areas, outdoor storage,
utility structures, mechanical equipment, garbage disposal facilities,
or other utility facilities shall be located or visually screened
so as not to create hazards, visual or other nuisances such as odor
or attraction of vermin. Light fixtures, walls, fences, benches, recreation
facilities, and other such site appurtenances shall be harmoniously
designed, constructed, and located in relation to other site features.
[Added 4-7-2004 ATM, Art. 10]
A.
The purpose of this bylaw provision is to create standards
for outdoor lighting so that its use does not unreasonably interfere
with the reasonable use and enjoyment of property within Abington.
It is the intent of this section to encourage, through the regulation
of the types, construction, installation and uses of outdoor electrically
powered illuminating devices, lighting practices and systems that
will:
(1)
Reduce light pollution, light trespass and glare
in order to preserve and enhance the natural, scenic, and aesthetic
qualities of Abington;
(2)
Conserve energy and decrease lighting cost without
decreasing nighttime safety, security, and productivity; and
(3)
Preserve the night sky as a natural resource
to enhance nighttime enjoyment of property within Abington.
B.
The requirements of this section shall apply to all
zoning districts, but shall exclude one- and two-family residential
uses.
C.
COLOR RENDERING INDEX (CRI)
COLOR TEMPERATURE
CUTOFF ANGLE
DIRECT LIGHT
EFFICACY
FILTERED
FIXTURE
FULLY SHIELDED LUMINAIRE
GLARE
HEIGHT OF LUMINAIRE
INDIRECT LIGHT
LAMP
LIGHT TRESPASS
LUMEN
LUMNAIRE
SHIELDED
UP LIGHT
Definitions. Except as noted hereinafter, all definitions are provided in the Zoning Bylaw. Unless the context clearly indicates otherwise, certain words and phrases used in this section shall have the meaning indicated below. Although set forth here for convenience, the terms shall have the same effect as if set forth in Article II, Definitions.
A measurement of the amount of color shift that objects undergo
when lighted by a light source as compared with the color of those
same objects when seen under a reference light source of comparable
color temperature. CRI values generally range from zero to 100, where
100 represents incandescent light.
Color temperature or chromaticity refers to the color appearance
of the light that comes from a light source, also referred to as correlated
color temperature (CCT). The apparent color of a light source is measured
in degrees Kelvin or "K." A low color temperature corresponds to "warm."
Incandescent lamps are in the range of 2,700 degrees K. "Cool" light
comes from sources such as cool white fluorescent lamps operating
at 4,100 degrees K. Lights appear bluer above 4,100 degrees K.
The angle formed by a line drawn from the direction of the
direct light rays at the light source with respect to the vertical,
beyond which no direct light is emitted.
Light emitted directly by a lamp, off a reflector, or through
a refractor of an outdoor light fixture or luminaire.
Efficacy is the rate at which a lamp is able to convert electrical
power (watts) into light (lumens), expressed in terms of lumens per
watt.
When referring to an outdoor light fixture means that the
fixture is to be fitted with a glass, acrylic, or other translucent
enclosure of the light source.
The assembly that houses a lamp or lamps, and which may include
a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror, and/or a refractor, lens, or diffuser lens.
A lamp and fixture assembly designed with a cutoff angle
of 90 degrees, so that no direct light is emitted above a horizontal
plane.
Light emitted from a luminaire with intensity great enough
to produce unreasonable annoyance, discomfort, or a reduction in a
viewer's ability to see.
The vertical distance from the finished grade of the ground
directly below to the lowest direct light emitting part of the luminaire.
Direct light that has been reflected off other surfaces.
The component of an outdoor light fixture that produces light.
The shining of direct and/or reflected light produced by
a luminaire beyond the boundaries of the property on which the outdoor
or indoor light fixture is located.
A measure of light energy generated by a light source. One
footcandle is one lumen per square foot. For purposes of the bylaw,
the lumen output shall be the initial lumen output of a lamp, as rated
by the manufacturer.
Complete lighting unit, consisting of one or more lamps (bulbs
or tubes that emit light), along with the socket and other parts that
hold the lamp in place and protect it, wiring that connects the lamp
to a power source, and a reflector that helps direct and distribute
the light.
When referring to an outdoor light fixture means that the
fixture allows no up light and/or light trespass.
Direct light emitted by an outdoor light fixture above a
horizontal plane through the fixture's lowest light emitting part.
D.
Shielding. All outdoor light fixtures subject to this
bylaw shall be shielded.
E.
Prohibited light sources.
(1)
Mercury vapor and quartz lamps. For the purposes
of this bylaw, quartz lamps shall not be considered an incandescent
light source.
(2)
Laser source light. The use of laser source
light or any similar high-intensity light for outdoor advertising,
when projected above the horizontal, is prohibited.
(3)
Searchlights. The operation of searchlights
for advertising purposes is prohibited except by special permit.
F.
Metal halide lighting. All outdoor light fixtures
utilizing a metal halide lamp or lamps shall be shielded and filtered.
Filtering using quartz glass does not meet this requirement.
G.
Outdoor advertising signs. Outdoor light fixtures
used to illuminate an outdoor advertising sign shall be mounted on
the top of the sign structure. Where internally illuminated signs
are proposed only cool temperature lighting may be used.
H.
Outdoor lighting plan.
(1)
Wherever outside lighting is proposed, every
application for a building permit, a special permit, a special permit
with site plan review, a variance, or an electrical permit for exterior
lighting or lighted sign shall be accompanied by a lighting plan,
which shall show:
(a)
The location and type of any outdoor lighting
luminaries, including the height of the luminaire;
(b)
The luminaire manufacturer's specification data,
including lumen output and photometric data showing cutoff angles;
(c)
The type of lamp, such as: metal halide, compact
fluorescent, high-pressure sodium with color temperature (Kelvin)
and CRI indicated;
(d)
A photometric plan showing the intensity of
illumination at ground level, expressed in footcandles; and
(e)
That light trespass onto any street or abutting lot will not occur in excess of 0.5 footcandles within 25 feet beyond the lot line. This may be demonstrated by manufacturer's data, cross section drawings, or other means. Minor violations of this standard may be waived by the SPGA or the Zoning Enforcement Officer where the objectives of § 175-67.1A will be achieved.
[Amended 6-8-2015 ATM
by Art. 20]
(f)
The requirement of submission of a photometric plan may be waived
by the applicable permit granting authority if the proposed location,
height, luminaire specifications and other relevant information demonstrate
that no light trespass issues will occur.
[Added 6-8-2015 ATM by
Art. 20]
(2)
When an existing outdoor lighting installation
is being modified, replaced, extended, expanded, or added to, the
entire outdoor lighting installation on the lot shall be subject to
the requirements of this section.
(3)
Standards:
(a)
All outdoor light fixtures subject to this bylaw
shall be shielded and control glare and light trespass.
(b)
All outdoor light fixtures using a metal halide
lamp or lamps shall be shielded and filtered. Filtering using quartz
glass does not meet this requirement.
(c)
Any luminaire with a lamp or lamps rated at
a total of more than 2,000 lumens shall be of fully shielded design
and shall not emit any direct light above a horizontal plan passing
through the lowest part of the light emitting luminaire.
(d)
All luminaries, regardless of lumen rating,
shall be equipped with whatever additional shielding, lenses, or cutoff
devices are required to eliminate light trespass onto any street or
abutting lot or parcel and to eliminate glare perceptible to persons
on any street or abutting lot or parcel. This shall not apply to any
luminaire intended solely to illuminate any freestanding sign and/or
the walls of any building, but such luminaire shall be shielded so
that its direct light is confined to the surface of such sign or building.
(e)
All lamps subject to this bylaw shall have a
minimum color temperature of 2,000 degrees K and a maximum color temperature
of 3,700 degrees K.
(f)
Lamp types shall be selected within the allowable
color temperature range of 2,000 to 3,700 degrees Kelvin, for optimum
color rendering as measured by their color rendering index (CRI),
as listed by the lamp manufacturer.
(g)
The use of highly efficient lamp sources in
conformance with this bylaw is encouraged.
I.
Hours of operation. Outdoor lighting and/or outdoor
illuminated signs for commercial and industrial uses shall not be
illuminated between 11:00 p.m. and 6:00 a.m., with the following exceptions:
(1)
If the use is being operated, such as a business
open to customers, or where employees are working or where an institution
or place of public assembly is conducting an activity, normal illumination
shall be allowed during the activity and for not more than 1/2 hour
after the activity ceases;
(2)
Low-level lighting sufficient for the security
of persons or property on the lot may be in operation between 11:00
p.m. and 6:00 a.m., provided the average illumination on the ground
or on any vertical surface is not greater than 0.5 footcandle.
J.
Wall pack lighting: shall not be used as direct illumination beyond
25 feet off the face of any building or structure.
[Amended 6-8-2015 ATM
by Art. 20]
|
Exception: Decorative lighting fixtures with 70 watt maximum
light fixture and municipal uses.
|
K.
Special permits. When site plan review is required, the Planning
Board shall act as the special permit granting authority (SPGA) under
this section, and otherwise the Zoning Board shall act as the SPGA.
The SPGA may grant a special permit modifying the requirements of
this section.
[Added 6-8-2015 ATM by
Art. 20]
