Any use permitted by right, by special permit,
or by special exception in any district shall not be conducted in
a manner as to emit any dangerous, noxious, injurious, or otherwise
objectionable fire, explosion, radioactivity or other hazard; noise
or vibration; smoke, dust, odor or other form of environmental pollution;
electrical or other disturbance; glare, 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.
A.
In meeting these objectives, the following general
standards shall apply:
(1)
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)
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)
No emission which can cause any damage or irritation
to the health of persons, animals or vegetation or which can cause
excessive soiling, at any point, shall be permitted.
(4)
No discharge, at any point, into a private sewerage
system, stream or the ground, of any material in such a way, or of
such a nature or temperature as may 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.
(5)
No emission of odorous gases or odoriferous
matter in such quantities as to be offensive shall be permitted.
(6)
Activities that emit dangerous radioactivity,
at any point, shall be controlled in accordance with all regulations
of the Atomic Energy Commission.
(7)
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.
(8)
No persistently loud or disruptive noise shall
be allowed between the hours of 10:00 p.m. and 7:00 a.m. All steady,
nonfluctuating noise levels must meet the following standards at the
property boundary (using a sound meter which meets the American National
Standards Institute's Specification for Type II Sound Level Meters:
S1.4-1971.):
|
Land Uses
|
Maximum Noise
(decibels)*
| |
|---|---|---|
|
Residential (7:00 a.m. to 10:00 p.m.)
|
60
| |
|
Residential (10:00 p.m. to 7:00 a.m.)
|
50
| |
|
Business, commercial, institutions, mixed use
|
65
| |
|
Business, commercial, institutions, mixed use
(10:00 p.m. to 7:00 a.m.)
|
55
| |
|
General industrial uses
|
70
|
|
* Nonsteady, fluctuating noises are subject
to the same maximum noise levels as measured on an energy-weighted
or LEQ basis over a representative one-hour time period.
|
B.
In enforcing these standards, the permit granting
authority shall call upon specified standards, technical specifications,
and the technical expertise of appropriate federal, state, regional,
and local agencies.
C.
When reviewing an application for a zoning permit (See § 350-10.2.) or other zoning relief, the permit granting authority may require the submission of a statement from a qualified independent authority indicating that the proposed structure and/or use will not constitute a detriment to the community with respect to some aspect of these environmental performance standards.
A.
Goals.
(1)
It is the intent of this section to establish light standards
for outdoor lighting fixtures that are permanently installed or portable
illuminating devices used for general illumination or advertisement.
Such devices must include, but are not limited to, search, spot and
floodlights for buildings and structures; recreational areas; parking
lot lighting; landscape lighting; billboards and other signs; street
lighting; product display area lighting; building overhangs and open
canopies. The goal of this section is to create such standards that
result in lighting systems that are designed, constructed, and installed
to address:
(2)
All standards within this section must be met unless the Planning
Board explicitly grants a waiver through site plan approval for lighting
that does not conform to these standards. Such waivers may be granted
if and only if these goals are being achieved.
(3)
Lower illumination levels that are more evenly distributed throughout
a site will result in fewer intense bright spots and thus minimize
impacts on surrounding neighborhoods while maximizing efficiency and
promoting safety.
B.
BACKLIGHTING
BUG RATINGS
CORRELATED COLOR TEMPERATURE (CCT)
CUTOFF (FULL) FIXTURE
GLARE
LIGHT TRESPASS
UPLIGHTING
Definitions. As used in this chapter, the following terms must have
the meanings indicated:
Illumination behind a light fixture. Backlighting must not
create light trespass off the premises as defined below and must not
be greater than 90° from vertical. This often leads to offsite
light trespass. See diagram below.
Lighting classification system as established by the Illuminating
Engineering Society (IES) that assigns values for amount of backlight,
uplight and glare from a lighting fixture.
The measurement of the color appearance of the light emitted
by a lamp in degrees Kelvin.
A light fixture that, by design of the housing, does not
allow any light emission or direct glare to shine above a 90°
angle from a vertical line as taken at the base of the fixture. See
diagram below.
A light source that is bright and concentrated enough to
cause loss of visibility or discomfort. This is typically caused when
a light source is angled sideways above 60° from vertical as shown
below.
 |
Light coming from a fixture with illuminance of 0.1 or more
footcandle measured horizontally or vertically at the property line.
Any light emitted above a 90% horizontal plane. Uplighting
creates skyglow.
C.
Applicability.
(1)
All legal nonconforming luminaires may continue to be used and
maintained after the adoption of this chapter. However, such lights
must comply with these requirements upon the first of:
(2)
The Building Commissioner shall make the determination that
these standards are being met. Based on this assessment, the property
owner must replace or modify fixtures to achieve compliance; this
may include additional shielding of lights.
D.
Standards. Any use permitted by zoning either by right or through
any type of zoning relief in any district must conform to the following
lighting standards. All outdoor light fixtures and illuminated signs
for all uses and structures within the City of Northampton must be
designed, located, installed and directed in such a manner as to limit
light trespass at the property lines and glare at any location on
or off the property. If necessary, an applicant may need to provide
photometric plans and/or manufacturing specification sheets to show
conformance with these standards. All replacement of outdoor lighting
fixtures, as of the date of adoption, must be subject to the provisions
of this chapter.
(1)
Cutoffs. All outdoor lighting must be shielded using full cutoff-type
fixtures (see below). Cutoffs must shield lamps against glare and
may consist of internal baffles or reflectors or external panels or
other mechanisms. Shielding must prevent direct glare and light trespass
so that light is contained to the target area to the extent feasible.
(a)
General site lighting shall not shine above the horizontal plane.
See graphic for definition of "glare." No uplighting is allowed; parking,
security and aesthetic lighting must shine downward. See graphic under
"cutoff" definition in section above.
(b)
Light trespass is prohibited.
 |
(c)
Spotlights used to illuminate buildings, signs or specific site
amenities/features must be targeted on such objects to prevent direct
uplighting. Lighting must not spill beyond nor above the edges of
the building, sign, or object of the spotlight.
[1]
Lighting for flags must be downlit from the top
of the pole.
(d)
Upward search or spotlighting of the sky for entertainment,
advertising or other purposes is prohibited.
(e)
Lights or luminaires that are not shielded with cutoffs may
be used on the first floor level around single- or two-family residential
structures if lamps/bulbs do not exceed 600 lumens.
(f)
Floodlighting for residential purposes must only be used with
motion sensors and must be shielded to minimize: glare for drivers
and pedestrians, light trespass, and light must not shine above a
90° angle from vertical.
 |
(2)
Illumination levels.
(a)
Site lighting output standards by district. Averaging must be
as established by the Illuminating Engineering Society of North America.
|
Zoning District
|
Maximum Lumens
(per fixture at doorways or building facades*)
|
Maximum Site Footcandles
(as measured at the ground)
|
|---|---|---|
|
FFR
|
800
|
NA
|
|
RR/SR/SC/WSP
|
1000
|
0.8
|
|
URA/URB/URC/PV/NB/OI/GI
|
1200
|
3
|
|
GB/NB
|
2500
|
5
|
|
CBc/CBs/CBg/FVc/FVg//HB
|
2500
|
5
|
|
NOTE:
| |
|---|---|
|
*
|
Downlight washing building facades allowed only for areas around
the building where concrete pedestrian walkways are located. Wall
lights for "security" where pedestrian walkways are not present are
only allowed with motion sensors that must be timed to turn off five
minutes after motion detected.
|
(b)
Specific uses:
|
Additional Allowances for Specific Uses
|
Maximum Lumens
|
Maximum Footcandles
(as measured at the ground)
|
|---|---|---|
|
Car sales for outdoor sale display areas only.
|
2,000 at any point/fixture
|
12
|
|
24-hour banking per drive up window
|
2,500 at any point/fixture
|
5
|
|
Gas station canopy
|
1,000 per pump kiosk
|
12
|
(c)
All projects subject to Planning Board Site Plan Review must
include a proposed photometric plan and lighting specifications that
show compliance with these standards. In addition, projects that trigger
major site plan review must utilize fixtures that do not exceed these
ratings for backlight, uplight and glare (BUG) for any fixture less
than one pole mounting height from the property lines, unless waived
by the Board.
|
Commercial Districts: B1U0G2.
|
|
Residential Districts: B0U0G1.
|
(3)
Energy efficiency.
(a)
Because they are the least energy efficient and contain elements
harmful for the environment the following are prohibited:
|
Mercury vapor
| |
|
Incandescent lighting fixtures
|
(4)
Spectrum management. The emission of light by all luminaires
in all lighting must have a correlated color temperature of the light
between 0° to 2700° Kelvin.
(5)
Control. All nonresidential site lights must be turned off one
hour after close of business. However, lights may be set to motion
controls after close of business so long as they are timed to turn
off five minutes after motion is detected.
(6)
Pole and mounting heights.
(a)
Site light poles must be a maximum of 25 feet with a maximum
mounting height of 25 feet in parking lots for commercial and industrial
uses within commercial and industrial parking lots and along streets.
The maximum pole and mounting height in all residential districts
must be 16 feet. Greater pole mounting heights may be allowed with
site plan approval from the Planning Board.
(7)
Sign lighting.
(b)
Signs shall be illuminated from the top or internally illuminated.
Lights must be shielded to contain all light directed onto the sign
and must not cause offsite glare.
 |
(c)
All business sign lights must be equipped with a photo-control and be turned off at the close of business, unless the Planning Board approves an alternative through site plan review and in compliance with Subsection D(5) above. See also 350-7.0 for additional standards for dynamic displays and other signs.
|
Surface Type
|
Adjoining Residential Districts
(lumens per sign)
|
Business Districts-
(lumens per sign)
|
|---|---|---|
|
Light reflective surfaces
|
800
|
1000
|
|
Medium-light surfaces
|
1000
|
2000
|
|
Medium-dark surfaces
|
1500
|
2500
|
|
Dark (absorbing) surfaces
|
2000
|
3000
|
(d)
Luminance levels on internally illuminated and electronic signs:
Luminance levels during permitted operating hours must not exceed
a range of 60 nits for white signs to 150 nits for darker signs. This
figure is as measured under conditions of a full white display.
(e)
Sign lighting and illuminated signs must be turned off one hour
after the close of business. Multitenant signs must be turned off
one hour after all businesses are closed.
E.
Streetlights.
(1)
See Northampton Subdivision Regulations for streetlight standards
on streets/rights of ways. Streetlight applications may not exceed
90° and shall meet the following:
|
District
|
B
|
U
|
G
|
Maximum Foot-candle
|
|---|---|---|---|---|
|
CBcore/FVcenter and general, HB
|
2
|
0
|
2
|
4 FC
|
|
CBside/CBgateway/OI/GI/GB/NB/PV
|
1
|
0
|
1
|
3.5 FC
|
|
URA, URB, URC
|
1
|
0
|
1
|
2 FC
|
|
RR/SR/SC/WSP
|
0
|
0
|
1
|
1 FC
|
(2)
Streetlights must be regulated to dim by 50% after midnight.
(3)
Waivers from streetlight standards on public ways may be granted
by the Planning Board after a site plan review procedure if and only
if necessary to improve pedestrian safety on pedestrian ways or crosswalks
or, in the case of municipally funded projects, cost to the City to
meet the by-right standards will be extraordinary. Waivers granted
to the City for extraordinary costs must be supported by 1) evidence
that design, procurement, and installation costs to comply with by-right
standards are more than 50% more than costs associated with the noncompliant
design, or 2) demonstrated loss of alternative funding for the project.
(4)
All modifications granted through waivers must be consistent
with Dark Sky International and Illuminating Engineering Society guidance.
In no case shall a waiver be granted that increases the color temperature
above 3000K or more than one backlight or glare rating above the by-right
standard for the relevant zoning district (see table above). No waiver
shall be granted for any increase in the uplight rating.
(5)
Public properties owned by the City such as parking lots, parks,
schools, and other community gathering spaces must adhere to these
standards.
F.
Exemptions.
(1)
Permanent outdoor light fixtures lawfully installed prior to
and operable on the effective date of the requirements in this chapter
so long as they do not create light trespass as defined herein on
an abutting residential structure within a residential zone.
(a)
Bulb/lamp replacement must not constitute "replacement lighting."
However, no new bulbs may exceed lumen levels nor correlated color
temperature limits prescribed herein unless adequate information,
as determined by the Building Commissioner, is provided to show that
no such bulbs are compatible with the existing fixture.
(2)
Airport operations lighting and aircraft navigational beacons
as established by the Federal Aviation Administration are permanently
exempt from these provisions. All other airport outdoor lighting must
conform to the intent of this chapter.
(3)
Festivals/fairs that require the use of temporary outdoor lighting
fixtures are exempt except that permanent installations at dedicated
sites must conform to the requirements of this chapter. All such temporary
lights for festivals and fairs must be turned off one hour after the
event closes for the day. After this time, lights may be set to motion
controls so long as they are timed to turn off five minutes after
motion is detected.
(4)
Public monuments or statuaries that create uplighting. All lighting
must be focused within the edges of the statuary. Adequate shielding
to prevent glare onto any public way and prevent light trespass as
defined herein may be required.
(5)
Underwater/pool lighting.
(6)
Decorative outdoor string lights. Such lighting must be timed
to turn off at 1:00 a.m. each day.
(7)
Lighting that is only used under emergency conditions by civil
officers, agents and officials to perform their duties to maintain
the public health, safety and welfare.
(9)
The United States flag may be lit subject to Subsection D(1)(c)[1] and such flag lights must be dimmed to 50% after 12:00 a.m.
A.
Legislative findings and intent. The City of Northampton finds that
significant trees enhance air quality, reduce noise, reduce energy
costs, create habitat, enhance aesthetics and property values, and
benefit City neighborhoods. The intent of this section is to encourage
the preservation and protection of significant trees during development
and redevelopment projects that require a site plan approval, special
permit, comprehensive permit, finding, or variance (collectively "zoning
relief").
B.
No person shall remove any significant tree associated with any site
plan approval or any other zoning relief without a site plan approval
from the Planning Board (if a site plan approval is otherwise required),
or an administrative site plan approval from the Office of Planning
and Sustainability if no site plan is otherwise required.
C.
The removal of any significant tree after July 1, 2015, or within
12 months immediately prior to such a site plan or zoning relief,
whichever is later, shall be subject to this section.
D.
The requirements of this section shall not apply to:
(1)
Trees located on property under the jurisdiction of the Conservation
Commission.
(2)
City-owned public shade trees pursuant to MGL Chapter 87.
(3)
Trees associated with emergency projects necessary for public
safety, health and welfare as determined by the Building Commissioner,
Director of Planning and Sustainability, or Director of Public Works.
(4)
Trees that are hazardous due to disease, age, or shallow roots,
as determined and confirmed in writing by a certified arborist and
reviewed by the City's Tree Warden.
(5)
Trees affected by work performed by a utility company in maintenance
of its rights-of-way or in its maintenance, repair or replacement
of infrastructure that is unrelated to a development project requiring
zoning relief.
(6)
Trees that are approved for removal through special permit by
the Planning Board.
(a)
The Board may grant a special permit if, after weighing the
benefits of significant trees against other community benefits created
as part of the project, it determines a waiver of tree replacement
to be appropriate and if at least the following standards have been
met:
[1]
Trees are removed in order to create net zero energy
buildings (for electric and thermal use) of up to 10,000 square feet
and/or to install 10,000 square feet of ground-mounted PV panels;
in addition to providing one or more community benefits, which may
include:
(b)
Building square footage shall apply to a single building footprint
or to the aggregate of two or more buildings. In order to exercise
a special permit granted under this section, applicants must present
a building permit that has been issued for specific plans showing
compliance with the net-zero standard and must construct in accordance
with the special permit within one year of the issuance of a building
permit. Planning Board special permit to grant a waiver from replacement
within this provision is allowed only for the trees necessary to be
removed in order to provide the solar access to the building(s) and/or
panel array.
E.
Any person removing a significant tree that is subject to this section
shall satisfy either of the following conditions:
(1)
Provide for replacement trees according to the following standards:
(a)
Replacement trees shall be noninvasive deciduous or coniferous
trees (as defined by the City's Tree List and Planting Guidelines)
planted on or off site, as approved as part of a site plan or administrative
site plan, or on any City-owned property with approval by the Office
of Planning and Sustainability, in consultation with the City Tree
Warden, unless such trees are public shade trees as per MGL c. 87,
§ 1,. Replacements shall be calculated so that for each
inch of diameter at breast height of the removed trees there shall
be no less than 1/2 inch of caliper diameter of replacement trees.
(b)
Replacement trees shall have a minimum of one-inch caliper diameter.
(c)
Replacement trees shall be maintained in good health a minimum
of 24 months after they are planted as confirmed by the City's Tree
Warden. If replacement trees are not found to be in "good health"
as determined by the Tree Warden, the trees shall be replaced as directed
by the Warden.
(d)
Replacement trees shall either be approved street tree species
as defined in the rules and regulations regarding subdivision of land
or other trees that are hardy in all of the following USDA Plant Hardiness
Zones: 6a, 6b, 7a, and 7b.
(2)
Pay funds to the City for a tree replacement fund account that,
in the Planning Board's estimate, will allow the City to plant new
public shade trees on City property in accordance with the above formula.
F.
Protection of significant trees during construction.
(1)
Any significant trees to be retained and any replacement trees
on property where demolition and/or construction activity is planned
shall be protected in an area shown on the approved site plan and
should follow American National Standards Institute (ANSI) A300 standards
for tree care practices.
(2)
The protected area shall exceed both the critical root zone
and drip-line of each significant tree unless the Planning Board approves
an alternate maintenance and tree protection plan submitted by a certified
arborist.
(3)
A certified arborist shall submit a written letter to the Building
Commissioner, Tree Warden and Office of Planning and Sustainability
certifying that such area has been so protected in accordance with
the site plan.
G.
Recordkeeping. The Department of Planning and Sustainability shall
collect annual totals of the number and diameter at breast height
measurements of significant trees preserved and replaced.
