5.1.1
Purpose. The purpose of this section is to ensure that any use of
land involving the arrival, departure, or storage of motor vehicles,
and all structures and uses requiring the delivery or shipment of
goods, be designed and operated to:
1.
Promote traffic safety by assuring adequate places for storing of
motor vehicles off the street, and for their orderly access and egress
to and from the public street;
2.
Increase the traffic-carrying capacity of streets and highways in
the Town and obtain a more efficient utilization of on-street curbside
parking;
3.
Reduce hazards to pedestrians upon public sidewalks;
4.
Protect adjoining lots and the general public from nuisances and
hazards such as: (i) Noise, glare of headlights, dust and fumes resulting
from the operation of motor vehicles; (ii) Glare and heat from parking
lots; (iii) A lack of visual relief from expanses of paving; and (iv)
Accelerated runoff of surface water from land covered by impervious
materials.
5.1.2
Applicability. No building permit or certificate of occupancy may
be issued for the erection of a new building, the enlargement or increase
in the net floor area of an existing building, the development of
a use not located in a building, or the change from one type of use
to another which has a different parking or loading requirement as
set forth in the parking and loading tables, unless off-street parking
spaces and loading bays are provided in accordance with this section.
5.1.3
Parking and Loading Plan Required. Each application for a building
permit, special permit, certificate of occupancy, or petition for
a variance must be accompanied by an off-street parking and loading
plan. Such plan must contain the information required in the permitting
authority's rules and regulations. Where necessary, the permit authority
may require that the owner or operator of a use, building, or establishment
furnish a statement as to the number of employees working at the lot
or establishment, or the number of motor vehicle trips (by type of
motor vehicle) that are made to and from the use, building or establishment.
5.1.4
Table of Parking Requirements. The minimum number of parking spaces
indicated for the corresponding types of uses must be provided in
all zoning districts, except as otherwise indicated. The symbols under
the column "Parking Factor" mean: SF: square feet of net floor area.
[Amended 3-27-2017 ATM
by Art. 41; 11-8-2021 STM by Art. 16]
|
Type of Use
|
Parking Factor
|
|---|---|
|
Residential Uses
| |
|
Dwelling unit, accessory apartment, rooming unit,
bed-and-breakfast unit
|
1 per apartment or unit
|
|
Housing for older persons
|
0.5 per dwelling unit
|
|
Congregate living facility, independent living residence
|
0.75 per bedroom
|
|
Assisted living residence, group care facility,
long-term care facility
|
0.4 per living unit
|
|
Rooming house, group quarters
|
0.5 per bed
|
|
Institutional, Educational and Recreational Uses
| |
|
Elementary, secondary schools
|
2 per classroom
|
|
College, technical school
|
As needed
|
|
Day-care center, school age child care program,
nursery school, kindergarten
|
1 per 500 SF
|
|
Church, temple, auditorium, club, lodge, community
service center
|
1 per each 6 seats in the largest assembly area
|
|
Gymnasium, stadium, field house
|
1 per each 6 seats
|
|
Library, art gallery, museum and other nonrecreational
public facilities
|
1 per 600 SF
|
|
Parks, athletic fields, tennis and pool facilities,
golf courses, recreation centers, other institutional uses
|
As needed
|
|
Indoor athletic and exercise facilities, weight
reduction salon
|
6 per 1,000 SF
|
|
Agricultural Uses
| |
|
Greenhouses, nursery, roadside stand
|
1 per 1,000 SF of display area whether indoors or outdoors
|
|
Office Uses
| |
|
Office uses
|
1 per 250 SF;
1 per 333 SF in CB
|
|
Medical office, medical clinic
|
1 per 250 SF;
1 per 200 SF in CB
|
|
Retail Business
| |
|
Personal services, business services, retail sales
and rental sales
|
1 per 250 SF;
1 per 325 SF in CB
On street level floors:
1 per 500 SF;
1 per 600 SF in CB
In a basement:
1 per 300 SF;
1 per 400 SF in CB
|
|
Private postal services
|
1 per 200 SF or 1 per 50 mailboxes, whichever is greater
|
|
Other Commercial Uses
| |
|
Funeral parlor
|
1 per 4 seats in the largest assembly area
|
|
Motor vehicle related sales and service uses
|
2 per bay, work station or pump island
|
|
Eating Establishments
| |
|
Restaurant, fast-food, and other eating establishments
not otherwise classified
|
1 per 3 seats, or 1 per 150 SF, whichever is greater;
1 per 5 seats, or 1 per 200 SF, whichever is greater in CB
|
|
Takeout food service
|
1 per employee plus 1 per 5 linear feet of counter space;
1 per 2 employees plus 1 per 7 linear feet of counter space
in CB
|
|
Amusement and Recreational Uses
| |
|
Theater
|
1 per 6 seats
|
|
Commercial amusements
|
1 per employee plus 1 per alley, machine;
1 per employee plus 1 per 2 alleys, machines in CB
|
|
Transient Accommodations
| |
|
Hotel, motel
|
1 per guest room
|
|
Convention center
|
1 per 4 seats in the largest assembly area
|
|
Manufacturing and Research Laboratory Uses
|
1 per 500 SF
|
|
Construction, Storage, Distribution, and Industrial Service
Uses
|
1 per 1,000 SF
|
|
All Other Permitted Uses
|
As needed, usually 1 per employee
|
5.1.5
Table of Loading Requirements. The minimum number of off-street loading
bays indicated for the corresponding types of uses must be provided
in all zoning districts, except as otherwise indicated. The symbols
under the column "Loading Factor" shall mean: SF: square feet of net
floor area.
[Amended 3-31-2021 ATM by Art. 44]
|
Type of Use
|
Loading Factor
| |
|---|---|---|
|
Long-term care facility, group care facility
|
1 per 100 beds
| |
|
School, college, church, club, library, gallery
|
1 per first 25,000 SF, 1 per each additional 72,000 SF
| |
|
Office uses
|
Less than 10,000 SF
|
0
|
|
10,000 to 150,000 SF
|
1
| |
|
150,001 to 300,000 SF
|
2
| |
|
More than 300,000 SF
|
3
| |
|
Retail, shopping centers, business service uses, personal uses
|
15,000 to 50,000 SF
|
1
|
|
50,000 to 150,000 SF
|
2
| |
|
150,000 to 300,000 SF
|
3
| |
|
More than 300,000 SF
|
4
| |
|
Manufacturing, research, construction, storage, distribution
and industrial service uses, research and development, light manufacturing
|
Less than 150,000 SF
|
1
|
|
150,001 to 300,000 SF
|
3
| |
|
More than 300,000 SF
|
4
| |
|
All other permitted uses
|
As needed
| |
5.1.6
Rules for Interpretation of the Parking and Loading Tables.
1.
Where the number of spaces is expressed as a ratio to dwelling units,
floor area, beds, employees, etc., any fraction thereof shall require
one parking space, but after the first such parking space or loading
bay, only a fraction of 1/2 or greater shall require an additional
space or bay.
2.
Where the requirement is stated "as needed," the applicant for a
permit shall estimate the number of parking spaces or loading bays
required to serve the use and shall provide such number; the permitting
authority shall verify that the number is adequate and shall, if necessary,
order that additional spaces or bays be provided.
3.
To simplify the determination of net floor area, 80% of the gross
floor area may be used.
4.
Where off-street parking or loading serves two or more activities
that are different types of uses, including two or more activities
that are part of the same principal use, the number of spaces or bays
provided shall be the sum of the requirements for the various individual
uses including any fractional number.
5.
Where the requirement is based on the number of employees, the number
of spaces shall be based on the number of employees in the peak period,
which shall be at least three hours per day for at least three days
per week.
6.
Where places of assembly are provided with benches rather than individual
seats, each two linear feet of bench shall equal one seat, and where
no fixed seats or benches are used, each 20 square feet of floor area
in the largest assembly area shall equal one seat.
7.
Where uses are not enclosed in a structure, each square foot of lot
devoted to such use shall be considered equivalent to 1/5 of a square
foot of net floor area.
8.
In the case where the Select Board authorizes the placement of temporary
seats within the right-of-way of public streets, such seats may not
be counted toward the off-street parking or loading requirements,
as long as they are seasonal and temporary.
[Amended 3-25-2019 ATM by Art. 37]
9.
Required off-street parking spaces or loading bays which, after development,
are later dedicated to and accepted by the Town and are maintained
by the Town for off-street parking or loading purposes shall be deemed
to continue to serve the uses or structures for which they were originally
provided.
5.1.7
Preferential Rideshare Parking. To encourage the use of high-occupancy
vehicles, office, manufacturing, research, or laboratory uses of more
than 50,000 square feet of gross floor area, as defined in the parking
and loading tables above, must provide preferential rideshare parking
spaces in compliance with the following standards:
1.
One carpool or vanpool parking space must be provided for every 50
motor vehicle parking spaces, with a minimum of two spaces.
[Amended 3-31-2021 ATM by Art. 44]
2.
Rideshare parking spaces may be provided by converting a parking
space required by the parking table.
3.
Carpool and vanpool spaces must be signed and striped, and be located
near the primary entrance(s) of the building without displacing any
handicapped parking.
5.1.8
Bicycle Parking Facilities.
1.
Required spaces. In an office, manufacturing, research or laboratory
use as defined in the Table of Parking Requirements, a minimum of
two bicycle parking spaces shall be provided, and one additional bicycle
parking space shall be provided for each 15 motor vehicle parking
spaces.
[Amended 3-31-2021 ATM by Art. 44]
2.
Placement and access. Bicycle parking shall be located near the primary
entrance(s) of the building. Half of the bicycle parking spaces shall
be provided as long-term parking, safe and secure from vandalism and
theft and protected from the elements. The other half shall be provided
as short-term (customer or visitor) parking, and short-term parking
spaces shall be visible and convenient to the building entrance. Bicycle
parking apparatus shall not be installed in a manner that will cause
obstruction of pedestrian or motor vehicle traffic. Bicycle parking
shall be situated in such a way that normal snow removal activities
and snow storage do not impact the bicycle parking facility.
3.
Dimensional Regulation. Each bicycle parking space shall be sufficient
to accommodate a bicycle six feet in length and two feet in width.
4.
Design. Bicycle parking apparatus shall be of a high-security design
to which the frame and wheel of a parked bicycle may be attached;
installed in a visible location to deter vandalism and theft; and
permanently mounted to the ground or to a building or other immovable
structure. Inverted-U-frame or other racks that support the bicycle
at two or more points above the center of gravity are required.
5.1.9
Location of Off-Street Parking Spaces and Loading Bays.
[Amended 3-31-2021 ATM by Art. 44]
1.
Except as provided below, required off-street parking spaces shall
be provided on the same lot as, and loading bays shall be provided
next to or within, the principal or accessory use they are required
to serve.
2.
Except for
accessible parking, required off-street parking spaces serving a use
on a lot may be provided on a different lot, provided that:
a.
The off-street
parking space is dedicated to serve the use pursuant to a legal agreement
in a form acceptable to the Town; and
b.
The parking
space is either within 1,200 feet of the lot containing the use or
public transportation, shuttle, car sharing, or non-motorized transportation
service is available between the off-street parking space and the
use during business hours.
3.
No area may be utilized and counted as both a required parking space
and a required loading bay. However, maneuvering aisles and driveways
may serve both required parking and loading bays if they meet the
design standards of each. Existing areas used for both parking and
loading shall be counted for loading purposes.
4.
Required off-street parking spaces or loading bays may be wholly
or partly enclosed in a structure.
5.
Off-street parking spaces required for two or more buildings, uses,
or establishments on a single lot may be provided in a common lot.
6.
Loading
bays shall be located at the side or rear of a building.
7.
Off-street
surface parking spaces shown on the parking and loading plan may,
with the permission of the SPGA or Building Commissioner, be constructed
following issuance of a certificate of occupancy.
5.1.10
Driveways.
1.
Each parking space and loading bay shall be connected by a driveway
to a street or to an interior drive that leads to a street.
2.
The number of driveways permitting entrance to and exit from a lot
shall be limited to two per street line. Driveways shall be located
to minimize conflict with traffic on public streets and where good
visibility and sight distances are available to observe approaching
pedestrian and vehicular traffic.
3.
No private way or driveway shall be built through a district in which
the use served by the private way or driveway is not permitted except
that access through a GC district to any other district is permitted.
[Amended 3-23-2016 ATM
by Art. 38]
4.
The maximum grade of any outdoor driveway is 12%.
5.1.11
Minimum Yards for Parking.
1.
Each parking space or driveway serving a one-family or two-family
dwelling shall be set back five feet from any side lot line and rear
lot line and shall be designated on a plan.
2.
No parking is permitted in the front yard other than in a designated
parking space or driveway.
3.
For all uses other than a one-family or a two-family dwelling, all
paved parts of all parking spaces, driveways and maneuvering aisles
shall be set back from any wall of a principal building and from any
lot line or zoning boundary line as indicated in the following table
except for:
[Amended 3-23-2016 ATM
by Art. 38; 3-28-2018 ATM by Art.
38]
a.
Not more than two driveways between the street line and its corresponding
setback line; or
b.
A parking space located within a structure otherwise permitted in
such area
|
District
|
Residential District Line
(feet)
|
Street Line
(feet)
|
All Other Lot Lines
(feet)
|
Wall of a Principal Building
(feet)
|
|---|---|---|---|---|
|
RS, RO, RT
|
N/A
|
25
|
5
|
5
|
|
RD
|
N/A
|
25
|
8
|
5
|
|
CRO, CLO
|
50*
|
50
|
10
|
5
|
|
CM
|
50*
|
25
|
N/A
|
5
|
|
CRS, CS, CB, CN
|
20*
|
10
|
N/A
|
5
|
|
GC
|
0
|
25
|
5
|
5
|
|
CSX
|
20*
|
10
|
N/A
|
5
|
|
NOTES:
| |
|---|---|
|
*
|
No requirement where the residential district line is coterminous
with the line of the right-of-way now or formerly of the Boston and
Maine Railroad or the right-of-way of State Route 2 or 128.
|
|
Note: Screening is required adjacent to the paved area but not
in the required snow storage area and not between a paved area and
a building.
| |
4.
No loading bay may be located in that half of the minimum required
setback nearest to the street line or lot line of a minimum yard required
by § 135-4.0; maneuvering space for such bay may be as close
to a street line or lot line as may be permitted by § 5.1.11.3.
5.
No parking space or loading bay, whether required or otherwise provided,
shall be located, wholly or partly, within the right-of-way of a street.
6.
All access to parking shall be by driveways meeting the requirements
of this section; curbs, wheel stops, screening or similar barriers
must be installed to prevent vehicles from being parked or driven
within required setback areas.
5.1.12
Screening for Parking.
1.
In all residential districts, or on a lot in any other district which
abuts or is across the street from a lot in a residential district,
any outdoor parking lot, all loading bays, maneuvering aisles and
driveways shall be screened in a manner to protect abutting lots from
the glare of headlights, noise and other nuisance factors.
2.
Any parking lot, which is a principal use, must be screened along
driveways and around the entire perimeter of the parking lot. The
entrance to driveways, to the extent practicable, shall be located
on the side near nonresidential districts or on streets or highways
leading to nonresidential areas.
3.
Screening shall consist of:
a.
A strip of land at least four feet wide, densely planted with shrubs
or trees which are at least four feet high at the time of planting
and which are of a type that may be expected to form a year-round
dense screen at least six feet high within three years; or
b.
A wall, barrier, or fence of uniform appearance at least five feet
high above finished grade. Such wall, barrier or fence may be opaque
or perforated, provided that not more than 50% of the face is open.
4.
Such screening shall be maintained in good condition at all times.
Such screening or barrier may be interrupted by entrances or exits
and shall have no signs attached thereto other than those permitted
in the district.
5.1.13
Design Standards. The following standards apply:
1.
Dimensions.
a.
Parking spaces and maneuvering aisles shall have the minimum dimensions
set forth in the following table and elsewhere in this subsection:
|
Angle of Parking
|
Width of Parking Space
|
Depth of Parking Space**
|
Width of Maneuvering Aisle
|
Unit Parking Depth
| ||||
|---|---|---|---|---|---|---|---|---|
|
S
|
C
|
S
|
C
|
S
|
C
|
S
|
C
| |
|
61° to 90°
|
9*
|
8.5*
|
19
|
15
|
22
|
20
|
60
|
50
|
|
46° to 60°
|
9
|
8.5
|
19
|
15
|
16
|
15
|
56
|
48
|
|
45°
|
9
|
8.5
|
19
|
15
|
14
|
13
|
53
|
47
|
|
Parallel
|
8
|
8
|
22
|
18
|
12
|
12
|
n/a
|
n/a
|
|
NOTES:
| |
|---|---|
|
*
|
Where one or both of the long sides of a parking space abut
a wall or similar obstruction, the width shall be 12 feet.
|
|
**
|
Up to 2 feet of unpaved landscaped space may be included in
the depth provided there are no obstructions to the vehicle's overhang.
|
b.
To count as a required parking space, a parallel parking space shall
have maneuvering space at least 20 feet deep in front of it in an
aisle parallel to and abutting such parking space.
c.
Where columns of a building or structure are located in a parking
lot (such as a parking garage under a building) no part of a column
may be within three feet of a maneuvering aisle or within the minimum
dimensions of a parking space.
d.
The width of a driveway for one-way use shall be a minimum of eight
feet and for two-way use shall be a minimum of 18 feet and a maximum
of 30 feet, as measured at the setback line.
e.
Where access or egress is provided for a parking lot, or one or more
loading bays, such access or egress shall be so arranged to provide
a circulation system or maneuvering space on the lot so that all vehicles
may exit from and enter onto a public street by being driven in a
forward direction and no vehicle shall be required to enter or leave
by backing and no vehicle shall have to stand within a street right-of-way
waiting to enter the lot.
2.
Number of compact car spaces. In parking lots containing more than
20 spaces, not more than 33% of such spaces may be designed for use
by compact cars. Such compact car spaces shall be located in one or
more continuous areas and shall not be intermixed with spaces designed
for standard cars and shall be clearly designated by signs or pavement
marking. In parking lots with 20 or fewer parking spaces, spaces designed
for use by compact cars are not permitted.
3.
Loading bays. All required loading bays must have minimum dimensions
as follows: 30 feet long, 12 feet wide and 14 feet high. Each loading
bay shall have a maneuvering space equal to its length. Where the
long portion of a loading bay abuts a wall, column or other obstacle,
or in other cases where the permitting authority requests, evidence
shall be provided that the loading bay and its maneuvering space are
adequate to accommodate large motor vehicles and trailers.
4.
Marking. In a parking lot or loading area, the surface of the parking
lot or loading area shall be painted, marked or otherwise delineated
so that the location of the parking spaces and loading bays is apparent,
and signs shall be erected indicating that loading bays, and, if necessary,
compact or other reserved parking spaces, are reserved for such use.
Where 50% or more of the required parking spaces in a parking lot
are assigned, such as to individual employees or to dwelling units
in a dwelling, parking spaces for guests or visitors to the use or
establishment, not to exceed 10% of the required parking spaces, shall
be located and designated as visitor parking near the principal entrance
to the building which they serve.
5.
Availability. To ensure the availability and utilization of required
parking spaces and loading bays on a year-round basis:
a.
Unless authorized by special permit or site plan approval, no fee
or other charge to the parker, in addition to a lease or purchase
agreement applicable to occupants generally, shall be made for a parking
space or loading bay required to serve a use, building, or establishment.
b.
Each required off-street parking space and loading bay shall be designed
so that any motor vehicle may proceed to and from said space without
requiring the moving of any other vehicle or by passing over any other
space or bay.
c.
Parking spaces for vehicles larger than automobiles, such as large
trucks or buses, shall be specifically identified on the off-street
parking and loading plan and shall be of such dimension as to accommodate
the specified type of vehicle. Such vehicles shall be permitted to
park only in the spaces so identified and approved.
6.
Snow storage. A strip of land not less than five feet in width shall
be provided on at least two sides of a parking lot or loading area
and designated on the off-street parking and loading plan for the
storage of snow plowed or removed from the surface area of the parking
lot or loading area; such snow storage area may not encroach on the
area required for off-street parking or loading but may be located
in the area of required setback from a lot line or building.
7.
Surfacing and drainage.
a.
All required parking spaces and loading bays, maneuvering aisles,
and driveways shall have a durable, dustless, all-weather surface
suitable for year-round use, such as asphalt or concrete, and shall
dispose of surface water by grading and drainage in such a manner
that no surface water shall drain onto any public way or onto any
lot in other ownership.
b.
It is the intent of this section that the paved surface of a parking
lot or loading area shall be limited to such areas as are necessary
for the parking spaces, loading bays, maneuvering aisles, and driveways
required to meet the provisions of this section. The off-street parking
and loading plan required by this section shall demonstrate that all
paved areas associated with a parking lot are necessary for the storing,
standing, or maneuvering of vehicles; the permitting authority may
deny the request for a permit when more area is paved than is necessary
to comply with the provisions of this section.
8.
Grade. The maximum grade of any required maneuvering aisle, parking
space, or loading bay shall be 10%.
9.
Landscaping.
a.
On at least three sides of the perimeter of an outdoor parking lot
containing 20 or more parking spaces, there must be at least one tree
for every eight parking spaces abutting the perimeter; such trees
must be spaced so that some part of a parking space is not more than
30 feet from a tree.
b.
In the interior part of an outdoor parking lot where two rows of
parking spaces containing a total of 10 or more parking spaces face
each other, a landscaped open space not less than five feet in width
must be provided. The landscaped strip may be provided either:
i.
Between the rows of parking spaces parallel to the aisle; or
ii.
In two or more strips parallel to the spaces and extending from
the aisle serving one row of spaces to the aisle serving the other
row of spaces. There must be, in each such strip, at least three trees
and in all such strips not fewer than one tree for every eight parking
spaces in the interior part of the parking lot. Trees must be spaced
so that some part of each parking space is not more than 30 feet from
a tree.
c.
Trees required by this section shall be at least three inches in
diameter at a height four feet above the ground at the time of planting.
New trees shall be native or hybrid native species. To the extent
practicable, existing trees shall be retained and used to satisfy
this section.
[Amended 3-31-2021 ATM by Art. 44]
10.
Exception for one-family or two-family dwelling. The provisions of § 5.1.13
with regard to backing into a public street, marking of pavement,
and surfacing and drainage shall not apply where parking is provided
for any one-family or two-family dwelling.
[Amended 11-8-2021 STM by Art. 16]
11.
Electric
vehicle (EV) charging. A parking lot with 25 or more newly constructed
off-street parking spaces shall include Level 2 (or higher) electric
vehicle (EV) charging stations in a minimum of 4% of the total off-street
parking spaces, but not more than the total of the newly constructed
parking spaces. In addition, the parking lot shall be constructed
with appropriate conduits and space for transformers and switchgear
to allow for future installation of electric vehicle (EV) charging
stations for a minimum of 50% of the total off-street parking spaces,
but not more than the total of the newly constructed parking spaces.
[Added 3-31-2021 ATM by Art. 44]
12.
Surface
parking between a building (other than a parking structure) and a
public right-of-way to which the property has direct access is not
permitted, except if screened or required for accessible and temporary
parking.
[Added 3-31-2021 ATM by Art. 44]
5.2.2
Applicability. All outdoor signs and window signs are subject to
the regulations of this section unless specifically excluded herein.
5.2.3
Exemptions. The following signs are not subject to this section:
1.
Any sign owned and installed by a governmental agency or required
by any law, governmental order or regulation.
2.
Government flags and insignia, except when displayed in connection
with commercial promotion.
3.
Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights.
4.
Signs mounted on registered motor vehicles or carried by hand.
5.2.4
General Regulations.
1.
Illumination. No sign shall be illuminated between the hours of 11:00
p.m. and 6:00 a.m., except signs on premises open for business, and
then only upon issuance of a special permit by the SPGA. Exterior
illumination of signs shall be shielded, directed solely at the sign,
and be steady and stationary. No internal illumination of a sign is
permitted except upon issuance of a special permit by the SPGA. The
illumination of any sign shall not exceed 150 foot-lamberts.
2.
Signs cannot interfere with traffic. No sign, including window displays,
or its illuminators shall by reason of its location, shape, size or
color interfere with pedestrian or vehicular traffic or be confused
with or obstruct the view or the effectiveness of any official traffic
sign, traffic signal or traffic marking. No red or green lights shall
be used on any sign if, in the opinion of the Building Commissioner
with the advice of the Chief of Police, such lights would create a
driving hazard.
3.
Construction. No sign shall be painted or posted directly on the
exterior surface of any wall. All exterior, attached signs, except
awning signs, shall be painted, posted or otherwise securely affixed
to a substantial intermediary removable surface and such surface shall
be securely affixed to the wall of the building. The foregoing, however,
shall not prevent installation of a sign by individual letters or
devices cut into or securely affixed to the exterior wall of a building,
provided that such letters or devices have a minimum depth of projection
of 1/4 of an inch. The construction of the sign shall comply with
the State Building Code.
4.
Maintenance. Every sign shall be maintained in good condition. If
a sign shows corrosion or deteriorated paint over 25% of the area
of one side or if damage to the sign causes the loss of 10% of its
substance or if the sign suffers damage or deterioration, which creates
a risk of harm to the person or property of another, it shall be repaired
or removed.
5.
Removal of temporary signs. Signs that advertise or otherwise relate
to a particular event (for example, a real estate sign or a yard sale
sign) shall be removed promptly, and in no event more than seven days,
after the conclusion of the event.
6.
Window signs. Removable signs on the inside of windows or transparent
doors are permitted.
5.2.5
Prohibited Signs. The following types of signs are prohibited:
1.
Signs that incorporate in any manner flashing, moving or intermittent
lighting, excluding public service signs showing time and temperature.
2.
String lights used in connection with commercial premises with the
exception of temporary lighting for holiday decoration.
3.
Signs erected so as to obstruct any path of egress in or on a building.
4.
Billboards and other non-accessory signs.
5.2.6
Signs in Residential Districts. The provisions of this section shall
apply to signs in residential districts. The following accessory signs
are permitted:
1.
Resident identification signs. Two signs, up to one square foot in
area each, per residential building indicating the name and address
of the residents therein.
2.
Multifamily dwelling development sign. One sign, not exceeding 12
square feet in area, identifying a multifamily development.
3.
Real estate sign. One sign advertising the sale or rental of the
premises on which it is located, and containing no other advertising
matter.
4.
Subdivision signs. Real estate signs, not more than 20 square feet
in area and not more than 10 feet in any dimension, on subdivisions
of land as defined in MGL c. 41, § 81L, solely to advertise
the selling of land or buildings in said subdivision, provided that
not more than one such sign shall face the same street.
5.
Yard or garage sale sign. One sign advertising a yard or garage sale
on the premises on which it is located, provided that a yard sale
permit has been duly obtained.
6.
Construction, painting or remodeling sign. One sign indicating the
name, address and telephone number of a contractor currently providing
construction, painting or remodeling services on the premises, and
containing no other advertising matter, provided that permission to
display such sign has first been obtained from the homeowner.
7.
Noncommercial message signs. Accessory signs containing a noncommercial
message and no other advertising matter.
8.
Commercial signs. Except to the extent permitted in § 5.2.6,
commercial signs, whether or not accessory to a permitted activity
engaged in on the premises, are prohibited in Residence Districts.
5.2.7
Residence Districts; Size, Number and Location of Accessory Signs.
Unless otherwise provided herein:
1.
No sign in a residential district shall exceed four square feet in
area. No standing sign shall exceed four feet in height.
2.
No more than two standing signs shall be located on a residential
property at one time.
3.
No part of any standing sign shall be located within 10 feet of the
edge of the pavement of any street, obstruct a sidewalk, or otherwise
create a safety hazard to pedestrian or vehicular traffic.
4.
No sign shall be located on the roof of any building.
5.2.8
Commercial Districts. The provisions of this section shall apply
to signs in commercial districts. Accessory signs on business establishments
or institutions in commercial districts that comply with the following
provisions are permitted:
1.
Wall signs.
a.
One principal wall sign is permitted on the front of the establishment
to which it relates. The width of such a sign above the first floor
of a building shall not exceed three feet.
b.
A secondary wall sign may be installed marking a direct entrance
on a parking lot or another street in addition to the front wall sign.
There shall be not more than two such secondary wall signs. Said sign
shall have a width no greater than 50% of the maximum permissible
width for the principal wall sign.
c.
No wall sign shall be more than three feet in overall height.
d.
In buildings where the first story is substantially above grade and
the basement is only partially below street grade, one sign for each
level is allowed if each sign has only 1/2 of the area that would
be permitted for a single sign.
e.
In addition to the above signs, each building with multiple occupants
may have one directory sign affixed to the exterior wall, window or
door of the building. Such directory sign shall provide not more than
one square foot for each occupant of the building.
f.
Wall signs shall either be affixed to a wall and parallel to it or
affixed to the roof above a wall and be parallel to the wall. They
shall not project more than 12 inches from the face of such wall.
g.
No wall sign shall project above the highest line of the main roof
or parapet on the wall to which it is attached, whichever is higher.
2.
Projecting signs.
a.
In particular instances the SPGA may issue special permits for projecting
signs in accordance with § 5.2.10, if it is determined that
the architecture of the building, the location of the building with
reference to the street or the nature of the establishment is such
that the sign should be permitted in the public interest. No establishment
shall be permitted more than one projecting sign.
[Amended 3-23-2016 ATM
by Art. 37]
b.
Notwithstanding § 5.2.8.2.a, in the CB District, one projecting
sign per establishment shall be permitted by right, provided it meets
the standards set out below. Projecting signs exceeding these dimensions
shall be subject to the special permit provisions of § 5.2.10.
i.
The sign may not exceed six square feet in area (not including the
area of the supporting bracket or hanger);
ii.
For single-story structures, the sign shall not project above the
roofline or 18 feet, whichever is lower; for multistory structures
projecting signs may not extend vertically above the window sill of
the second story;
iii.
The sign must clear sidewalks by at least eight feet from the
bottom of the sign and may project no more than four feet from a building
or one-third the width of the sidewalk, whichever is less;
iv.
The sign must clear the wall by at least six inches and must project
from the wall at an angle of 90°. Angular projection from the
corner of a building is prohibited.
3.
Standing signs. In particular instances the SPGA may issue special
permits for standing signs in accordance with § 5.2.10,
if it is determined that the architecture of the building, the location
of the building with reference to the street or the nature of the
establishment is such that the sign should be permitted in the public
interest. No establishment shall be permitted more than one standing
sign other than signs directing traffic flow. In the CM and CRO Districts
one standing sign, not to exceed 50 square feet in area and five feet
in height, shall be permitted by right on each lot.
[Amended 3-23-2016 ATM
by Art. 37; 4-24-2017 ATM by Art.
43]
4.
Signs at gasoline filling stations and garages. Gasoline filling
stations and garages may divide the one wall sign affixed to the front
wall of the building to which they are entitled as hereinabove provided
into separate wall signs indicating the separate operations or departments
of the business, provided however that the total of the widths of
the separate signs shall not exceed the maximum width permitted under
this bylaw for a single wall sign on such wall. In addition, one sign
indicating the brand of gasoline being sold may be erected of such
type, in such location, and in such manner as the SPGA may allow by
special permit. The standard type of gasoline pump bearing thereon,
in usual size and form, the name or type of gasoline and the price
thereof shall not be deemed to be a sign within the meaning of this
bylaw.
5.2.9
Building Permit. All persons desiring to erect an outdoor sign in
a commercial district shall apply to the Building Commissioner for
a building permit. The Building Commissioner shall issue a building
permit provided the proposed sign complies with this bylaw, the State
Building Code, requirements of the Historic Districts Commission (where
applicable) and any other applicable laws, bylaws or regulations.
All applications for permits shall comply with the permitting authority's
rules and regulations.
5.2.10
Special Permit. In particular instances the SPGA may issue special
permits for more or larger signs than are provided herein or for signs
of types or for purposes not provided herein and not specifically
prohibited herein, including temporary signs, if it is determined
that the architecture of the building, the location of the building
with reference to the street or the nature of the establishment is
such that the sign should be permitted in the public interest. In
granting such permission, the SPGA shall specify the size and location
of the sign or signs and impose such other terms and restrictions
as it may be deemed to be in the public interest. In considering applications
for special permits for signs located on land owned or leased by a
religious sect or denomination or by a nonprofit educational corporation,
and used for religious or educational purposes, the SPGA shall not
treat the applicant on terms less favorable than those applied to
a non-religious institution, nor in a manner that unreasonably restricts
the religious or educational activities of the applicant.
5.3.1
Purpose. The provisions of this section are intended to achieve the
following purposes:
1.
To provide a suitable transition between different zoning districts;
2.
To separate different and otherwise incompatible adjacent land uses
from each other in order to partially or completely reduce potential
nuisances such as dirt, dust, litter, noise, glare from motor vehicle
headlights, the intrusion from artificial light including the ambient
glow from signs, or the view of unsightly buildings and parking lots;
3.
To preserve or improve the visual and environmental character of
a neighborhood and of Lexington generally;
4.
To offer property owners protection against possible diminution of
property values due to adjacent construction or a change in existing
land uses.
5.3.2
Applicability. No building permit, special permit or certificate
of occupancy for a use shall be issued or granted where this bylaw
indicates that a landscaping, transition or screening area, in accordance
with this section, shall be required or where this section indicates
such shall be provided, unless compliance with the provisions of this
section is demonstrated.
5.3.3
Landscaping Plan Required. A landscaping plan, demonstrating compliance
with the standards contained in this section for landscaping, transition
areas and screening, shall accompany each application for a building
permit, certificate of occupancy, or special permit. The plan shall
be drawn to scale and include dimensions and distances. The landscaping
plan shall be certified by a landscape architect registered in the
Commonwealth of Massachusetts. The landscaping plan shall comply with
the permitting authority's rules and regulations.
5.3.4
Transition Areas. Where a lot abuts a different zoning district,
a landscaped transition and screening area shall be provided and shall
be located adjacent to the lot line as set forth in the table in § 5.3.5,
consistent with the following:
[Amended 11-12-2020 STM
by Art. 18]
1.
In the case of a nonresidential use in a residential district, a
landscaped transition and screening area shall be provided, except
that while the transition area shall be the width specified in the
table in § 5.3.5, it shall be installed only along those
segments of lot lines necessary to screen the nonresidential use from
buildings located on abutting lots. The transition area may be provided
within the minimum yard required for a building.
2.
Where a lot is divided into two zoning districts for which a transition
area would be required by § 5.3.5, the transition area shall
be along the zoning district line, except that the SPGA may grant
a special permit for the transition area to be in a different location
if it meets the objectives of this section.
5.3.5
Required Depth or Width (in feet) of Transition Area.
[Amended 3-23-2016 ATM
by Art. 38; 3-28-2018 ATM by Art.
38; 11-12-2020 STM by Art. 18]
|
Adjacent District
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
District In Which Lot is Located
|
GC
|
RO
|
RS
|
RT
|
RD
|
CN
|
CRS
|
CS
|
CSX
|
CB
|
CLO
|
CRO
|
CM
|
|
GC
|
—
|
20
|
20
|
20
|
20
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
RO
|
—
|
25*
|
25*
|
25*
|
10*
|
15
|
15
|
20
|
—
|
—
|
20
|
20
|
20
|
|
RS
|
—
|
25*
|
25*
|
25*
|
10*
|
15
|
15
|
20
|
—
|
15
|
20
|
—
|
—
|
|
RT
|
—
|
25*
|
25*
|
25*
|
10*
|
10
|
10
|
—
|
—
|
—
|
10
|
—
|
—
|
|
RD
|
—
|
20*
|
20*
|
20*
|
20*
|
20
|
20
|
20
|
—
|
20
|
20
|
20
|
20
|
|
CN
|
—
|
20
|
20
|
20
|
20
|
—
|
10
|
15
|
—
|
—
|
20
|
—
|
—
|
|
CRS
|
—
|
20
|
20
|
20
|
20
|
10
|
—
|
15
|
—
|
—
|
10
|
—
|
—
|
|
CS
|
—
|
20
|
20
|
20
|
20
|
15
|
15
|
—
|
—
|
—
|
15
|
—
|
—
|
|
CSX
|
—
|
20
|
20
|
20
|
20
|
15
|
15
|
—
|
—
|
—
|
—
|
—
|
—
|
|
CB
|
—
|
—
|
20
|
—
|
20
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
CLO
|
—
|
50
|
50
|
50
|
50
|
10
|
10
|
10
|
—
|
—
|
—
|
—
|
—
|
|
CRO
|
—
|
50
|
—
|
—
|
50
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
CM
|
—
|
50
|
—
|
—
|
50
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
—
|
|
*
|
No requirement for an individual dwelling
|
5.3.6
Transition Area; Standards and Requirements. The following standards
shall apply to the installation and maintenance of all landscaping,
transition and screening areas required by this section:
1.
Composition of landscaping, transition and screening areas. A landscaped
transition and screening area shall consist of a landscaped strip
and may include fences, walls or berms which shall serve to provide
an effective year-round visual screen at the time of installation.
2.
Height of screening. Visual screening comprised of a mixed planting
of deciduous and coniferous trees and shrubs and walls or fences shall
have a minimum overall height of six feet at the time of installation,
except in a required front yard where the maximum height shall comply
with § 5.3.5 so as not to interfere with sight distance.
3.
Sight distance. In order to provide an unobstructed sight distance
for motorists, there shall be a triangle, which is at least 30 feet
on two sides of the intersection of a street with a driveway or an
interior drive that shall be clear of visual obstructions. The triangle
shall be measured from the point of intersection of the street with
the driveway or interior drive for a distance of at least 30 feet
along the street line; along the side line of the driveway or interior
drive for a distance of at least 30 feet; and by a third line connecting
these two points. Within this triangle so described, nothing shall
be erected, placed, planted, or allowed to grow in such a manner as
to impede vision for motorists between a height of 2 1/2 feet
and 10 feet above the grade of the center lines of the street and
the driveway or interior drive.
5.3.7
Transition Areas; Type of Plant Materials. The following standards
shall apply:
1.
A variety of plant materials shall be selected to provide an effective
visual screen, to be maintained at a minimum height of six feet. Plantings
shall be a mixture of deciduous and coniferous trees and shrubs for
the screening to maintain its effectiveness throughout the winter
months.
2.
Ground cover, grass, mulch or other equivalent landscape treatment
shall be provided in all landscaped transition and screening areas.
Where the width of a transition area exceeds 20 feet, and where existing
vegetation is used as the required planting, no ground cover, grass,
mulch or equivalent treatment shall be required, provided all man-made
debris has been removed from within the transition area.
3.
The substitution of artificial plant materials is not permitted.
4.
Existing vegetation in a healthy condition, which provides an effective
year-round visual screen, may be used provided it is approved by the
permitting authority, which may require supplemental planting.
5.
Size of plant materials. All trees required by this section shall
have a minimum caliper of three inches at the time of planting.
6.
Spacing of plant materials. The arrangement of plant materials shall
consider the relationship of plants in size, form, texture and color.
The configuration and combinations of plant materials shall be in
accordance with sound horticultural and landscape architectural practices.
7.
Protection of landscaping and screening areas. Wherever required
landscaping, transition or screening areas are adjacent to parking
areas or driveways such areas shall be protected by curbing or wheel
stops to avoid damage to the plant materials and other structures
by vehicles.
5.3.8
Structures within Landscaping, Transition and Screening Areas.
1.
Walls or fences may be required within a transition area to supplement
the required planting to provide an effective visual screen as determined
by the permitting authority.
2.
When walls or fences are required by the permitting authority, they
shall be of the following type:
a.
A solid masonry wall faced with visually attractive materials on
the side that faces the residential or less intensive use.
b.
A wood stockade or other opaque wooden fence installed so that the
attractive side faces the residential or less intensive use. Between
such fence and the lot line there shall be planted a minimum of one
shrub or vine per 10 linear feet, and a minimum of one small deciduous
tree per 40 linear feet.
c.
A fence or wall of an alternate material that may be appropriate
to the site may be proposed by the applicant's landscape architect.
d.
Walls or fences may not be substituted for plant materials to reduce
the required width of a transition and screening area. A wall or fence
may be added only where a mass of plant materials would not provide
an adequate screen or where required by the permitting authority.
5.3.9
Earthen Berms. The permitting authority may require that earthen
berms be constructed within a transition area as part of a residential
development adjacent to an arterial street or limited access highway,
subject to the following:
1.
The berms shall be planted.
2.
Whenever a wall or fence is required in addition to a berm, the wall
or fence shall be located between the berm and the higher intensity
use in order to improve sound absorption.
3.
The use of earthen berms and similar grading techniques in combination
with the standard landscaping requirement is encouraged.
4.
Berms shall be constructed of earth and shall be between three and
six feet in height.
5.3.10
Use of Transition Areas. The following standards shall apply:
1.
Only necessary driveways or interior drives shall be located across
a required transition area. No structure, parking area, or play area
may be located in a required transition area.
2.
A transition area may be used for passive recreation; it may contain
pedestrian, bike or equestrian trails, provided they do not reduce
the effectiveness of the transition area as a year-round visual screen.
No other uses are permitted in transition areas.
5.3.11
Maintenance.
1.
The owner of the lot shall be responsible for the maintenance, repair
and replacement of all landscaping materials installed in accordance
with the approved landscaping plan.
2.
All plant material shall be maintained in a healthy growing condition,
replaced when necessary and kept free of refuse and debris. After
the initial planting, all plant materials not surviving after the
first winter and through the following growing season shall be replaced
in kind.
3.
Fences and walls shall be maintained in good repair. Gates or openings
may be provided where necessary for access to an area for maintenance.
5.3.12
Certificate of Occupancy. The landscaping plan, as approved, shall
be completed according to specifications prior to the issuance of
a certificate of occupancy for any residential or nonresidential use
or building. If the completion of the structure occurs after the planting
season has passed, only a temporary certificate of occupancy may be
issued until the landscaping is completed.
5.3.13
Screening of Other Use Areas within Lots. The following standards
shall apply:
1.
Outdoor storage areas. All outdoor storage areas for nonresidential
uses in residential districts and all facilities for refuse disposal
for all commercial, institutional or multifamily uses in all districts
shall be enclosed by a fence or wall at least six feet in height.
In the event that a wall six feet in height is insufficient to adequately
screen such areas, the permitting authority may require additional
screening in such manner and of such materials as may be reasonably
necessary to adequately screen such area from public view.
2.
Screening of mechanical equipment. In all districts, on nonresidential
properties, all air-conditioning equipment, transformers, elevator
equipment or similar mechanical equipment on any roof or building
or on the ground shall be screened from public view. The permitting
authority may require additional screening in such manner and of such
materials as may be reasonably necessary to adequately screen such
area from public view.
3.
Transformers, equipment lockers and underground installation of utility
lines. In all districts, when electric, telephone and all other utility
lines, cables or transformers are proposed to be extended or relocated,
in connection with the development or redevelopment of land or a building
for nonresidential purposes, they shall be installed underground.
5.4.1
Purpose. This section regulating outdoor lighting is intended to:
5.4.2
Applicability. The requirements of this section apply to outdoor
lighting on lots and parcels in all districts, including existing
outdoor lighting installation being modified, extended, expanded,
or added to. The entire outdoor lighting installation on the lot is
subject to the requirements of this section, except:
5.4.3
Lighting Plan. Wherever outside lighting is proposed, every application
for a building permit, a special permit, a variance, or an electrical
permit shall be accompanied by a lighting plan that shall comply with
the permitting authority's rules and regulations.
5.4.4
Control of Glare and Light Trespass.
1.
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 plane passing through the lowest
part of the light-emitting luminaire.
2.
All luminaires, 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.
3.
Subsection 1 above shall not apply to any luminaire intended solely
to illuminate any freestanding sign 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.
5.4.5
Lamps. Lamp types shall be selected for optimum color rendering as
measured by their color rendering index (CRI), as listed by the lamp
manufacturer. Lamps with a color rendering index lower than 50 are
not permitted. This section shall not apply to temporary decorative
lighting, which may include colored lamps, such as holiday lighting.
[Amended 4-9-2014 ATM by Art. 32]
5.4.6
Hours of Operation. Outdoor lighting 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.
5.5.1
Purpose. The purpose of this section is to:
1.
Permit vehicular traffic on Lexington streets to move in an efficient
manner without excessive delay or congestion;
2.
Permit emergency vehicles to reach homes and businesses with a minimum
of delay;
3.
Reduce motor vehicle and pedestrian accidents on the Town's streets;
4.
Consider and allow for safe and convenient routes for pedestrians
and bicyclists;
5.
Promote cleaner air and to reduce automotive exhaust emissions caused
by vehicles standing and idling for an excessive time;
6.
Promote the efficient use of the Town's arterial and collector streets
so that use of local and neighborhood streets as shortcuts can be
discouraged;
7.
Avoid excessive traffic demand on Town streets that necessitates
extraordinary Town expenditures to maintain adequate and safe traffic
flow;
8.
Maintain a balance between the traffic-generating capacity of dwellings
and businesses in the Town and the traffic-carrying capacity of streets
and intersections;
9.
Encourage alternative methods of transporting people, through public
transportation, car pools and van pools, bicycling and walking, rather
than near exclusive reliance on single-occupant automobiles;
10.
Encourage the use of good traffic engineering principles and design
standards consistent with a predominantly residential suburban town;
11.
Encourage the positive management of traffic flow consistent with
the Town's other stated objectives;
12.
Encourage private sector participation in dealing with the Town's
traffic problems;
13.
Expand the Town's inventory of data about traffic conditions on Town
streets.
5.5.2
Applicability. No building permit shall be granted for the erection
of a new building or the enlargement or renovation of an existing
building other than in the CB District with the result that:
1.
There are 10,000 square feet or more of gross floor area on the lot,
including any existing floor area, but not including any floor area
devoted to residential use or to off-street parking; or
2.
There are 50 or more dwelling units, or their equivalent, in a development,
including any existing dwelling units; or
3.
The number of parking spaces is increased by 25 or more and there
are 50 or more parking spaces, including any existing parking spaces,
on the lot.
Unless a special permit has been granted and the SPGA has made
a determination that the streets and intersections affected by the
proposed development have, or will have as a result of traffic improvements,
adequate capacity, as set forth in § 5.5.4, to accommodate
the increased traffic from the development.
5.5.3
Traffic Study Required. A traffic study must be submitted with each
application for a building permit, special permit, or as may be required
by any other provision of this bylaw. The traffic study shall include
the information set forth in the SPGA's rules and regulations, provided
that:
1.
The traffic study must be conducted by a traffic engineer who will
certify that he/she qualifies for the position of member of the Institute
of Transportation Engineers (ITE).
2.
Streets "likely to be affected by the development" are those that
have an average daily traffic (ADT) of 2,000 vehicles or more and
will carry 10% or more of the estimated trips generated by the development.
3.
Intersections "likely to be affected by the development" are those
that have an average daily traffic (ADT) of 2,000 vehicles or more
and for which the development will add 5% or more to the approach
volumes.
5.5.4
Adequate Traffic Capacity. Prior to granting a special permit, the
SPGA shall determine that the streets and intersections likely to
be affected by the proposed development currently have, or will have
as a result of traffic improvements, adequate capacity, as defined
in § 5.5.5. In making its determination of adequate capacity,
the SPGA shall consider at least the cumulative effect on a street
or intersection likely to be affected by the development, as provided
in § 5.5.3, of:
1.
Existing traffic conditions;
2.
Estimates of traffic from other proposed developments which have
already been approved in part or in whole by the Town of Lexington
for which a traffic study was required, or by official action of an
abutting city or town, which have not yet been opened for use prior
to the date that the traffic counts required by this section were
taken; and
3.
Estimates of traffic from the proposed development.
5.5.5
Adequate Capacity Defined by Level of Service. Adequate capacity
shall mean level of service "D" or better as described in the "Highway
Capacity Manual, 2010 Edition" published by the Transportation Research
Board. If the level of service that would result from the cumulative
effect, referred to in § 5.5.4, is "E" or below, the SPGA
shall determine there is not adequate capacity and shall deny the
application.
5.5.6
Mitigating Measures to Improve Capacity. The SPGA shall consider
that various traffic engineering improvements, or other method of
positive traffic control, such as a traffic control officer, can improve
the traffic-carrying capacity of an intersection or street and improve
the level of service rating to a higher and acceptable value. The
SPGA shall consider such improvements, or other method of traffic
control, in its determination and may make a conditional determination
that adequate capacity is dependent upon the construction of the traffic
engineering improvement, or other method of traffic control.
5.5.7
Conditions. The SPGA may make a condition of its approval of the
special permit that the start, or any stage, of the construction of
the development, or the occupancy thereof, is dependent upon the start
or completion of the traffic engineering improvement or of the start
of another method of positive traffic control, such as a traffic control
officer, on a permanent basis. A conditional approval shall be dependent
upon at least a start of the physical construction of the traffic
engineering improvement or the execution of an agreement with the
Town of Lexington for another method of traffic control. Letters of
support, or commitment, or approval, or the award of a contract are
not considered as a start of construction. However, as the basis for
making a conditional determination of adequacy, the SPGA may consider
as evidence that the traffic-carrying capacity will be improved to
a higher level of service, such letters of support, or commitment,
or approval, or the award of a contract for construction of the traffic
engineering improvement, or a proposed agreement with the Town of
Lexington for another method of traffic control.
5.5.8
Trip Reduction Requirements. As a condition of its approval of a
special permit or a special permit with site plan review, the SPGA
may require actions and programs by the owner and/or manager of a
development to reduce the number of single-occupant automobile trips
made to a development, particularly during peak traffic hours. Such
actions and programs may include:
1.
Providing a pass to employees for use on a public transportation
system that serves the development site;
2.
Use of car pools and van pools;
3.
Scheduling of hours of operation such as flex-time, staggered work
hours, and spread scheduling that reduces trips during peak traffic
hours;
4.
Preferential parking locations and arrangements for vehicles other
than single-occupant automobiles;
5.
Restrictions on access to, or egress from, off-street parking areas
during peak traffic hours; or
6.
Bicycle parking facilities and other measures such as locker and
shower facilities to encourage bicycle commuting.
5.5.9
Monitoring. Where such conditions are included, they shall include
a reporting system that monitors the effectiveness of the trip reduction
program. The SPGA may make a condition of the granting of the special
permit or special permit with site plan review that:
