Town of Dover, MA
Norfolk County
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Table of Contents
Table of Contents
A. 
Minimum parking requirements. There shall be provided at the time of erection or enlargement, change of use or conversion of any building intended for a use other than a residential use and permitted in the Business District, Medical-Professional District and the Manufacturing District, permanent off-street parking and loading spaces with adequate ingress and egress for motor vehicles, either on the same lot or on an adjoining lot under the same ownership or control, with at least 1 parking space of 300 square feet for every 100 square feet of gross floor area intended for such use, excluding inactive storage rooms, closets, stairwells, fireplaces, chimneys, hallways and utilities, and, in addition, there shall be provided 2 such parking spaces for each one-family dwelling in such building.
[Amended ATM 5-14-1979 by Art. 14]
B. 
Buffer strip. A buffer strip at least 10 feet wide shall be provided between the parking spaces and any public or traveled way in order to prevent backing of motor vehicles into such way and to regulate the access by motor vehicles to and from such way.
C. 
Screening of parking areas. Approved trees or other plantings shall be provided to screen all parking areas from the street and adjacent lots.
D. 
Recreational parking in Residential Zoning District.
[Added ATM 5-3-1999 by Art. 19; amended 5-3-2010 ATM by Art. 12]
(1) 
In addition to the ancillary parking currently permitted, parking for recreational use is permitted on a parcel or lot in any residential zone, subject to the following:
(a) 
The parcel or lot is of "adequate dimension," as defined in the following Subsection D(2) of this Subsection D;
(b) 
The parcel or lot does not have a dwelling on it and is subject to a recorded legal restriction precluding residential development;
(c) 
A parking plan is approved by special permit by the Planning Board at an advertised public hearing at which the Board determines that the parking is not inconsistent with public safety needs and that the parking area will not be covered by asphalt or other impermeable surface.
(2) 
For purposes of this Subsection D, "adequate dimensions" means a parcel or lot at least 30 acres in dimension, in which case 2 parking spaces are allowed. If a parcel or lot is at least 70 acres, 4 parking spaces are allowed. If the parcel or lot exceeds 100 acres, 5 parking spaces shall be allowed for each full 100 acres.
[Amended ATM 5-14-1979 by Art. 14; ATM 5-7-2007 by Art. 11; ATM 5-1-2017 by Art. 16]
A. 
General requirements. The following shall apply to all signs:
(1) 
No sign shall be located within a Town street right-of-way, without the express written permission of the Board of Selectmen.
(2) 
Any sign not expressly permitted or exempted under this bylaw is prohibited.
(3) 
Every sign advertising, announcing or relating to event(s) scheduled for a particular date or set of dates, including signs related to an election, shall be removed within seven days following the last date on which such event occurs.
(4) 
No sign shall use flashing or intermittent lights, or moving or animated parts, or internal illumination.
(5) 
No sign shall use day-glo or luminescent colors.
(6) 
Externally illuminated signs may be lit with white light only. The lighting shall be shielded and focused not to extend beyond the sign border.
(7) 
No sign shall be located so as to obstruct a view between intersecting streets within 50 feet of a corner, to obstruct a view of oncoming traffic from a driveway or otherwise to present a safety hazard in the opinion of the Town Engineer.
(8) 
No freestanding sign shall be located closer to a side property line than the required setback distance for that district, as provided for in § 185-19.
(9) 
The area of a sign shall be the area of the outermost rectangular perimeter that circumscribes all words, background, symbols, and designs, including all attachments, except for supporting structures at the base thereof.
(10) 
Noncommercial signs, such as warning or instructional signs, and signs expressing personal, political, or religious messages, are permitted on non-Town-owned property subject to reasonable regulations with respect to size, number and location, as adopted by the Planning Board under Subsection E herein.
B. 
Residential districts. Only the following commercial signs shall be allowed in residential zoning districts:
(1) 
Temporary signs associated with a specific event such as property for sale or work in progress, provided no such sign exceeds nine square feet in area. Any such sign shall be permitted only for the duration of the event and shall be removed within seven days of the end of the event unless the property owner obtains a permit from the Planning Board for a longer period.
(2) 
Permanent signs such as those pertaining to a customary home occupation on a lot occupied by a dwelling, provided there is only one such sign on the lot. Such sign shall not exceed four square feet in area.
C. 
Business District, Medical-Professional District and Manufacturing District.
(1) 
Only the following signs shall be allowed in business, medical-professional and manufacturing zoning districts, provided such signs are approved by the Planning Board as to size, type and location, subject to a sign permit application:
(a) 
Both temporary and permanent signs identifying the establishment or advertising goods or services available on a lot. Any such sign shall not exceed 15 square feet in area.
(b) 
Signs painted on or placed for display on the inside of the glass of a window or door. Any such signs shall not exceed 20% of the glass surface of a window or 10% of the glass surface of a door.
(c) 
Freestanding signs such as those ground mounted on a single or double post, provided the placement of such signs does not interfere with sight distance for pedestrians or vehicles. Any such sign shall not exceed five feet in height, measured from the ground to the top of the sign, or 15 square feet in area.
(2) 
All signs shall be professional in quality and shall not detract from the overall character of Dover. Signs shall be constructed to provide pertinent information but shall not become visually dominant elements of their surroundings. Materials, designs and colors shall be chosen to be harmonious with surrounding vistas and architecture.
(3) 
No sign shall be placed on the roof of a building or may extend beyond the height of the building.
D. 
Exempt signs. The following signs shall be exempt from this bylaw:
(1) 
Signs installed pursuant to any federal or state law or regulation or court order.
(2) 
Signs located on land used for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation.
(3) 
Signs on Town-owned property, which may be subject to permission, prohibition or reasonable regulation by the Board of Selectmen, School Committee, Parks and Recreation Commission, Conservation Commission or other board, committee or commission in whose custody such property is held.
(4) 
Any nonconforming sign lawfully erected prior to the effective date of this section, which may continue to be maintained but preferably would be brought into compliance with this bylaw and, in any event, shall not be reconstructed, extended or structurally altered by an existing or new business unless it is permitted pursuant to MGL c. 40A, § 6.
(5) 
Any sign for traffic control or other informational purpose that is approved as part of a site plan by the Planning Board.
(6) 
Any sign for traffic control authorized by the Board of Selectmen within a street right-of-way or on Town property.
E. 
Administration. In order to implement this bylaw, the Planning Board may adopt rules and regulations governing the process and review of applications for sign permits hereunder, including a schedule of fees.
F. 
Severability. If any section or paragraph of this bylaw, or any rule or regulation promulgated hereunder, be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, rule or regulation shall continue in full force and effect.
[Added ATM 5-2-2016 by Art. 16[1]]
A. 
Purposes. The site plan review process regulates allowed uses set forth in Article III, Use Regulations, which require site plan approval. Site plan review is not a means to prohibit such allowed uses, but rather to regulate them by considering the design aspects of a site as defined in this section. Site plan review is also intended to promote harmony in architectural treatment and avoidance of incongruous or inappropriate character or architectural appearance and arrangement of buildings. Its purpose is to ensure the most advantageous use of all properties within the applicable districts, to promote public safety, to minimize impacts on the surrounding area, and to reasonably protect the legitimate interests of adjoining property owners, the community, and the Town.
B. 
Applicability.
(1) 
Site plan review is required for the uses specified in Article III, Use Regulations, requiring site plan approval. It includes any expansion of use, extension of use, change of use, or substantial change, as defined in Subsection C below, in the Business District, Medical-Professional District, and Manufacturing District. This section operates in concert with § 185-40 for site plan review in the Official or Open Space District; and with § 185-46 for site plan review of personal wireless communications facilities.
(2) 
In all instances specified in Article III, Use Regulations, requiring site plan approval: no building permit to establish a new building or to alter an existing building shall be issued by the Building Inspector; no expansion, extension, or change of use of an existing building or lot shall be permitted; and no area for parking, loading or vehicular access shall be established, expanded or altered until a site plan has been reviewed and approved or approved with conditions in accordance with the requirements of this section.
(3) 
In cases where a Special Permit is also required for a use requiring site plan approval, site plan review shall be conducted as part of the Special Permit process and any conditions required for site plan approval shall be included in the Special Permit decision. In cases where the special permit granting authority is the Zoning Board of Appeals, the Planning Board shall conduct a site plan review and make a written recommendation regarding approval or approval with conditions to the Zoning Board of Appeals.
(4) 
Where site plan review is a component of the review process for Official or Open Space, the Planning Board shall conduct a site plan review and shall make a written recommendation regarding approval or approval with conditions to the Board of Selectmen.
(5) 
To ensure clarity in interpretation, a property owner or applicant shall confer with the Planning Board prior to instituting any substantial change as defined in Subsection C(4) below in order to determine whether a new or modified site plan is required, regardless of whether there is an existing approved site plan for the property.
C. 
Interpretation.
(1) 
"Expansion of use" means an increase in the physical area in which a use takes place resulting in a substantial change, including both interior building space and exterior area.
(2) 
"Extension of use" means a difference in the quality or degree of a use that may have different effects on the neighborhood due to aspects including but not limited to: parking; pedestrian, bicycle, and vehicular traffic; lighting; signage; landscape and screening; noise; surface and subsurface drainage; the location of utilities; and the adequacy and location of methods to handle wastewater and waste removal.
(3) 
"Change of use" means a change to part or all of an existing building or lot from one use category to another, as specified in Article III, Use Regulations. However, rearranging uses in a multi-use building shall not be construed as a change of use for site plan review purposes, unless the change results in an extension of use or an increase in the required number of parking or loading spaces as determined by the Building Inspector based on the requirements of § 185-34, Off-street parking.
(4) 
"Substantial change" means proposed additions of more than 250 square feet or 10% of the existing gross floor area of a building, whichever is less, within a five-year period; additional structures; changes in the layout or location of parking or loading spaces, an increase in pavement area of more than 250 square feet, or any relocation or change in a driveway; or external alterations to an aspect of a site constituting an extension of use.
(a) 
Normal repair and maintenance that does not substantially alter the appearance of a building or lot as seen from a public way does not constitute a substantial change under this section.
(b) 
The Planning Board may treat individual changes that would aggregate into a substantial change as separate changes thereby not triggering site plan review, provided that each such change has no substantial effect on the neighborhood.
(c) 
Resurfacing a pavement area shall not constitute a substantial change unless it involves a change of surface material.
D. 
Application process.
(1) 
Property owners are encouraged to confer with the Planning Board to determine whether or not a proposed change requires any form of site plan review. Anyone seeking review of a site plan shall obtain an application from the Planning Board office and shall file with the Town Clerk a completed application form and all supporting materials required by this section.
(2) 
All applicants for proposed changes requiring site plan review shall submit a preliminary site plan. A preliminary site plan may be sufficient for site plan review of a minor nature.
(3) 
Preliminary site plan review. Before filing a formal site plan review application:
(a) 
An applicant shall submit drawings accurately depicting existing structures and any proposed additions, additional structures, or external alterations to an aspect of the site as defined in Subsection C(2) above.
(b) 
An applicant shall also submit a narrative statement describing:
[1] 
The nature of the proposed change and the reasons for the change, including any expansion, extension, or change of use; and
[2] 
A description of any approvals required from, or communication with, other Town boards or departments.
(c) 
The Planning Board shall review a preliminary site plan application and supporting materials to determine whether the application is complete and shall review the substance of an application at its first scheduled meeting after notifying an applicant in writing that the application is deemed complete.
(d) 
The Planning Board may then:
[1] 
Approve the preliminary site plan as submitted or approve it with conditions, in which case the preliminary site plan shall constitute the final, approved site plan of record;
[2] 
Request additional information to better illustrate the nature of the proposed change in order to qualify for approval with or without conditions; or
[3] 
Determine that the proposed change requires a full site plan application.
(e) 
The Planning Board shall act on a preliminary site plan application within 30 days following the meeting at which the application is deemed complete. Failure of the Planning Board to act on a preliminary plan within 30 days shall be considered unconditional approval.
(4) 
Full site plan review.
(a) 
Applications the Planning Board has determined require full site plan review shall include:
[1] 
A site plan prepared by a registered architect, professional engineer, or registered landscape architect. The plan shall be prepared at a scale of one inch equals 20 feet (or other such scale as may be approved by the Planning Board) and shall clearly and adequately present the boundaries of the subject parcel; existing and proposed aspects of the site as defined in Subsection C(2) above; and the potential impacts on the natural landscape and abutting properties;
[2] 
Plans prepared by a registered architect showing the elevation of all buildings and one or more perspective colored renderings indicating the materials and colors to be used and the relationship of proposed buildings with adjacent buildings, and/or a model of the same;
[3] 
A narrative statement including but not limited to: the purpose of the proposed change; the expected volume of pedestrian, bicycle, or vehicular traffic; the relationship to existing buildings, historic and architectural heritage and other community assets in the area, and the natural landscape; the impact on natural resources, including groundwater and open space; and the impact on Town resources, including protective agencies, streets, and public spaces; and
(b) 
The Planning Board also may require studies of traffic, drainage, lighting or other impacts prepared by an appropriately licensed or otherwise qualified professional.
(c) 
The Planning Board shall review a full site plan application and supporting materials to determine whether the application is complete, shall notify the applicant in writing that the application is deemed complete, and shall then review the substance of the application in accordance with the notification requirements and time limits specified for a Special Permit application in MGL Chapter 40A, Section 9.
E. 
Review criteria.
(1) 
In evaluating a site plan application, the Planning Board shall consider criteria including but not limited to:
(a) 
Compliance with the requirements for lot size, frontage, lot coverage of buildings, height, parking and loading spaces, yards, and all other provisions of this chapter;
(b) 
The location of driveway openings in relation to street traffic, and the convenience and safety of pedestrian, bicycle, and vehicular traffic to, from, and on the site;
(c) 
The adequacy of arrangement and number of parking and loading spaces in relation to the proposed use of the premises;
(d) 
The arrangement and appearance of proposed new buildings, structures, colors and materials, or changes to the aspects of a site as defined in Subsection C(2) above;
(e) 
Provisions to protect surrounding premises against detrimental impacts;
(f) 
The relationship of structures, design aspects, and open spaces to the natural landscape, existing buildings, historic and architectural heritage, and other community assets;
(g) 
Potential impacts on natural resources, including groundwater and open space;
(h) 
Potential impacts on Town resources, including protective agencies, streets, and public spaces;
(i) 
Harmony in architectural treatment and avoidance of incongruous or inappropriate character or architectural appearance and arrangement of buildings; and
(j) 
Compliance with all other requirements of this chapter.
(2) 
The Planning Board shall provide the Board of Selectmen, the Superintendent of Streets, and the Building Inspector with copies of all full site plan applications for their review, comment, and recommendation. The Planning Board shall consider any such written comments and recommendations it receives within 30 days of providing an application.
(3) 
If the Planning Board determines that adequate review of a site plan application requires the assistance of an outside consultant(s), the procedures, requirements and financial responsibility in Chapter 248, Subdivision of Land, Article VII, § 248-26, Review fees, shall apply.
F. 
Site plan compliance.
(1) 
In all circumstances in which site plan review is required by this section, the Building Inspector shall not issue a certificate of occupancy until the Planning Board has certified that an as-built plan submitted by the applicant documents that the site has been developed in compliance with an approved site plan. If completion is delayed by seasonal considerations, the Building Inspector, in consultation with the Planning Board, may issue a temporary occupancy permit and may require sufficient security to ensure full compliance within six months.
(2) 
For the purposes of Subsection F(1) above, sufficient security shall be one or more of the following instruments delivered to the Town Treasurer in an amount the Building Inspector determines will cover the cost of all uncompleted work within six months:
(a) 
A properly issued surety company bond or negotiable surety;
(b) 
A passbook account held in the joint names of the applicant and the Town; or
(c) 
A binding agreement between the applicant and a lender providing for the lender's retention of sufficient funds and a schedule of disbursements upon milestones to completion.
[1]
Editor's Note: This article also repealed former § 185-36, Site plan approval in Business District, Medical-Professional District and Manufacturing District, as amended.
[1]
Editor's Note: Former § 185-37, Harmony in Business District, Medical-Professional District and Manufacturing District, as amended, was repealed ATM 5-2-2016 by Art. 16.
[Amended ATM 5-8-1990 by Art. 22]
A. 
Permitted. Stripping, excavation or removal of soil, loam, sand or gravel from a property not in public use is permitted in the following cases:
(1) 
Where the stripping, excavation or removal from a property is incidental to:
(a) 
The construction or alteration of a building or other structure thereon, including a driveway, for which a permit has been previously issued; or
(b) 
The construction of a street or way thereon in a subdivision which has been previously approved, with or without conditions; or
(2) 
Where the stripping or excavation is for removal to property under the same ownership as and contiguous to the property from which the removal is made.
(3) 
Where the removal of soil, loam or gravel, as stated above in Subsection A(1)(a) and (2) exceeds 1,000 cubic yards, a Special Permit shall be obtained from the Board of Appeals.
B. 
Permitted on approval by the Board of Appeals. All stripping, excavation or removal of soil, loam, sand or gravel from a property not in public use, except as provided in Subsection A, is prohibited unless prior approval has been obtained from the Board of Appeals. The Board may include in its approval such reasonable conditions as it may deem necessary for the protection of the neighborhood, including conditions as to the distance from highways where removal operations shall be allowed, the method of removal, the reestablishment of ground levels and grades, the restoration of suitable surface loam and the planting of the area to suitable cover.
A. 
Purpose. The Conservancy District is intended for the preservation and maintenance of the groundwater table upon which the inhabitants depend for water supply; to protect the public health and safety, persons and property against the hazards of floodwater inundation; for the protection of the community against the costs which may be incurred when unsuitable development occurs in swamps, along watercourses or in areas subject to floods; to preserve and increase the amenities of the Town; and to conserve natural conditions, wild life and open spaces for the education, recreation and general welfare of the public.
B. 
Regulations. A Conservancy District shall be considered superimposed over any other district established by this chapter.
(1) 
Prohibited uses.
(a) 
No building or structure shall be erected, constructed, altered, enlarged or moved.
(b) 
No landfill or dumping is allowed in any part of the district.
(c) 
No drainage is allowed other than flood control works by an authorized public agency.
(d) 
No damming or relocating of any watercourse is allowed except as part of an overall drainage basin plan.
(e) 
No permanent storage of materials or equipment is allowed.
(2) 
Permitted uses.
(a) 
Conservation of water, plants and wildlife.
(b) 
Recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted.
(c) 
Grazing and farming, including truck gardening and harvesting of crops.
(d) 
Forestry.
(e) 
Underground telephone, telegraph, power and gas transmission.
(3) 
Uses permitted on approval by the Board of Appeals.
(a) 
Nonresidential uses such as barns, stables or kennels for shelter, breeding, boarding, hiring or sale of animals; storage of crops raised on the premises; boathouses, duck-walks and landings, including renting of boats or canoes and recreation equipment; sale of bait; temporary refreshment stands or stands for sale of produce raised on the premises, provided that any such building or structure permitted by the Board of Appeals shall be designed, placed and constructed to offer a minimum obstruction to the flow of water and shall be firmly anchored to prevent floating away and thus threatening other buildings and blocking of openings in restricted sections of the watercourse below.
(b) 
Amusement enterprises, such as golf range, pony rides, race track, circus and carnivals, not including any permanent structures and subject to other Town bylaws and regulations.
(c) 
Dams, changes in watercourses or drainage works, but only as part of an overall drainage basin plan constructed or authorized by a public agency.
(d) 
Temporary storage of materials or equipment.
(e) 
Driveway or road, provided that the Board of Appeals is satisfied that there will be adequate drainage and that such driveway or road will not interfere adversely with the natural flow of water in the area.
(f) 
Residential use: if any land shown on the Zoning Map as being in the Conservancy District is proved to the satisfaction of the Board of Appeals, after reference of the proof to and report by the Planning Board and Board of Health, as being in fact not subject to flooding or not unsuitable because of drainage conditions for residential use, and if it is proved that the use of such land for residence will not interfere with the general purpose for which the Conservancy District has been established and will not be detrimental to the public health, safety or welfare, the Board of Appeals may permit the use of the land for single-family residence under all the provisions of this chapter applying to the R-2 Residence District.
C. 
Validity. If for any reason the restrictions or requirements contained in this section shall be or become invalid or inoperative as to any land shown on the Zoning Map as being in the Conservancy District, then such land shall thereafter be deemed zoned in the R-2 Residence District.
D. 
Contour lines. In the event that uncertainty exists as to the exact location of any contour line bounding the Conservancy District as shown on the Zoning Map, the submission of sufficient topographic data shall be required to establish the precise location of said line on any lot affected thereby.
A. 
Definition. The Official or Open Space District consists of those areas which have already been dedicated or used for public or semipublic nonprofit uses, such as parks and recreation areas, public buildings, cemeteries, schools, churches, reservoirs and open space reservations, and which are not available for residential, commercial or other private uses.
B. 
Purpose. The purpose of the Official or Open Space District is to show on the Zoning Map those areas which, because of their present public or semipublic uses, are not appropriate for zoning in any of the other districts.
C. 
Building requirements.
[Amended ATM 5-4-1992 by Art. 33]
(1) 
No application for a building permit shall be made for any building or structure in the Official or Open Space District until plans showing the proposed location, uses and external appearance have been submitted to the Board of Selectmen for review, comment and recommendations relative to issues of public health and safety. The plan shall show:
(a) 
Adequacy of access for emergency purposes, including fire, police and ambulance.
(b) 
Lot size, frontage, yards and heights of buildings.
(c) 
Convenience and safety of vehicular and pedestrian movement on the site, for the location of driveway openings in relation to street traffic and the impact of traffic generated by the facility.
(d) 
Adequacy of arrangement and the number of parking and loading spaces in relation to the proposed uses of the premises.
(e) 
Facilities for water supply, for sewage, refuse and other waste disposal and adequacy of other methods for waste disposal, surface and subsurface drainage.
(2) 
In making its recommendation, the Board of Selectmen shall solicit the written advice of the Planning Board and any other boards or commissions as deemed necessary.
D. 
Change in use of Official or Open Space District. If for any reason land shown on the Zoning Map as being in the Official or Open Space District shall become available for other than public or semipublic use, it shall be deemed to be thereafter zoned in the residence district which it adjoins, and, if it adjoins more than 1 residence district, it shall be deemed to be zoned in the one with which it has the largest common boundary.
[Added ATM 5-14-1979 by Art. 14]
Any building used for residential purposes in a Business District, Medical-Professional District or Manufacturing District shall meet all the requirements of § 185-17 as they relate to the R District.
[Amended ATM 5-7-1990 by Art. 16]
The Multifamily Residence District created herein shall be deemed to be an overlay district. The requirements set forth below shall constitute an alternative means of development of any land included within the district, provided that a Special Permit in accordance with this section is granted by the Planning Board. If such a Special Permit is not sought, is not granted or lapses, all requirements of the underlying district shall apply to the land.
A. 
Purpose. The purpose of the Multifamily Residence District is to:
(1) 
Provide for a diversity of housing types and encourage the construction of elderly and affordable housing in Dover.
(2) 
Preserve the rural character of the Town despite population growth by encouraging an alternative pattern of land development.
(3) 
To plan any multifamily development so as to achieve harmony with neighboring buildings and areas of development and conserve environmental features, woodlands, wetlands, areas of scenic beauty and sites and structures of historical importance.
(4) 
Permit the Town to regulate construction of multifamily housing so as to permit economical and efficient installation and maintenance of streets and utilities.
(5) 
Promote adherence to superior design and planning standards.
B. 
Special requirements.
(1) 
At least 25% of the units constructed in a Multifamily Residence District shall be affordable. At least 40% of the units shall also be elderly, including any elderly units which are also affordable.
(2) 
No multifamily development shall be built within one-half mile of any other such development.
(3) 
The total number of dwelling units in a multifamily development shall be limited to the lesser of 4 times the difference between the total number of acres in the tract less the number of acres of wetlands and 40.
(4) 
The total number of multifamily dwelling units of any kind erected in the Town shall not exceed 15% of the dwelling units in the Town. Such percentage shall be computed without reference to accessory apartments constructed pursuant to § 185-43 of this chapter and shall be determined as of the most recent Federal Census, and no permit shall be issued under this chapter if it would cause the number of multifamily dwelling units to exceed such percentage.
(5) 
Provision shall be made to ensure that the affordable and elderly units in a Multifamily Residence District shall continue to be used as affordable and elderly units in accordance with the requirements of this chapter.
(6) 
Affordable and elderly units shall be integrated into the project in a manner acceptable to the Planning Board.
C. 
Landscaping requirements.
(1) 
Buildings, roads, driveways and parking areas shall be laid out so as to leave undisturbed, as far as possible, the environmental and historical features of the tract, such as natural woodlands, streams, marshes, hill tops, ravines, biological habitats of special interest, views of unusual charm, existing bridle paths, trails and green belt links, and to provide for the convenience and safety of vehicular and pedestrian movement.
(2) 
The required fifty-foot setback or buffer area around the perimeter of the development site (see § 185-17 of this chapter) shall consist, as far as possible, of natural woodland. Grass and mounds shall be approved buffer material, provided that suitable indigenous shrubs and other plant materials are used for screening.
(3) 
The applicant shall diligently undertake to prevent the removal of or damage to any tree which is designated for preservation. If it is determined that the applicant has damaged or removed any trees which were designated for preservation, the applicant will be required to compensate for the loss with new plantings.
(4) 
Provision shall be made that the open land in a development shall be maintained by the owner or management of the development, by an association of the residents of the dwelling units or by the holder of any easements. If possible, any previously existing trails shall be kept open for limited recreational use by residents of the Town.
(5) 
The open land shall be restricted to 1 or more of the uses allowed in the C (Conservancy) or O (Open Space) Districts, except that, subject to the approval of the Board of Health, if may be used for subsurface waste disposal and for the provision of underground utilities.
D. 
Building and dimensional requirements. In addition to the Dimensional Requirements of § 185-17 of this chapter, the following requirements shall apply to any project in a Multifamily Residence District:
(1) 
There shall be a minimum of 32 feet between buildings.
(2) 
There shall be no more than 8 dwelling units in any one building.
(3) 
The number of bedrooms shall not exceed 3 per dwelling unit.
(4) 
An architectural theme shall be carried out by use of common building materials, color, exterior detailing and roof lines. Rigidity in design shall be avoided by variations in building size, height and location, breaks in roof lines and walls, plantings and building coverage.
(5) 
All electric, gas, telephone and water distribution lines shall be placed underground in accordance with the regulations of the Planning Board.
(6) 
The size, shape and location of any building must be planned to avoid an overmassing effect and to be appropriate to the terrain on which it is located in order not to be detrimental to the neighborhood or to affect adversely the visual character of the Town.
(7) 
Adequate methods shall be provided on the site for waste disposal and for surface and subsurface drainage in accordance with regulations of the Board of Health.
(8) 
Elderly units shall be especially designed for the needs of the elderly.
E. 
Parking and access requirements. There shall be provided a permanent off-street parking area or areas, surface and/or undercover of sufficient size to provide 1.5 car spaces for each dwelling unit, with such additional temporary parking space as may be approved by the Planning Board.
(1) 
Design.
(a) 
There shall be no more than 2 means of access, whether by a subdivision way or a driveway, to the development site from any existing public way.
(b) 
Such access points shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching vehicular traffic.
(c) 
The width of a driveway for one-way traffic shall be not less than 10 feet as measured at its narrowest point. The width of a driveway for 2-way use shall be a minimum of 18 feet and a maximum of 22 feet, as measured at its narrowest point.
(d) 
Each parking space shall contain a minimum of 200 square feet.
(e) 
All paved portions of all parking spaces and maneuvering aisles, with the exception of temporary parking spaces, shall be set back 10 feet from the wall of any building and 50 feet from any private or public way or neighboring lot line, with suitable plantings for screening.
(2) 
Construction.
(a) 
All required parking spaces, maneuvering aisles and driveways shall have a durable, dustless, all-weather surface, such as bituminous concrete or cement concrete, and shall provide for a satisfactory disposal 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, and such surfaces shall be well maintained.
(b) 
Parking areas shall be provided with curbing, wheel stops or other devices to prevent motor vehicles from being parked or driven within required setback areas or onto required landscaped open spaces.
(3) 
Lighting. Lighting of parking areas shall be designed to provide sufficient uniform illumination with low glare factor. The mounting heights for the equipment shall be appropriate for the architectural scale of the buildings. All lights shall be arranged and shielded to prevent direct glare from the light source into any street or onto adjacent property.
(4) 
Waiver. The Planning Board may waive any of the above requirements in this Subsection E, as long as the final development plan meets the intent of this Subsection E, if the Board finds that literal enforcement would cause a substantial hardship, or that literal compliance is impractical because of the size, width, depth, shape or grade of the lot.
F. 
Preliminary and final development plans and Town Meeting vote. In order for land to be zoned for multifamily residence use, the applicant must prepare a preliminary development plan as provided below and must initiate a change in the zoning classification of his land by a two-thirds Town Meeting vote, in accordance with MGL c. 40A, § 5. If the Town Meeting rezones the land, the applicant must submit to the Planning Board a final development plan, an application for a Special Permit and, if applicable, an application for approval under the Subdivision Control Law,[2] all as provided below. The Planning Board shall be the permit granting authority for the purposes of this section.
(1) 
Preliminary development plan. The applicant shall submit a preliminary development plan to the Planning Board and the other agencies and officials named in this subsection 120 days prior to the date of the Town Meeting at which the rezoning of the site will be presented. The Planning Board shall consult with the Board of Selectmen, the Board of Health, the Dover Housing Partnership, the Long-Range Planning Committee, the Conservation Commission, the Superintendent of Streets, the Building Inspector and the Council on Aging. The preliminary development plan shall contain a full description of the project, with appropriate plans showing compliance with all requirements and provisions set forth in Subsections A through E and shall include the information and plans required by Subsections F(2)(a) and (d) of this section.
(2) 
Final development plan and Special Permit. In the event that the Town Meeting rezones the land in question for multifamily residence use, the applicant shall file an application for a Special Permit with the Planning Board, in accordance with § 185-52 of this chapter. The application shall be accompanied by a final development plan. Copies of such application and the final development plan shall be submitted to the agencies and officials of the Town listed in Subsection F(1) above. The final development plan shall consist of:
(a) 
The name(s) and address(es) of the applicant and all legal and beneficial owners of the site; copies of all instruments, options, contracts or encumbrances affecting ownership of the development site; and an instrument executed by all persons owning property within the site agreeing that the development, as applied for, is desired.
(b) 
All information required by the Planning Board regarding the training and experience of the applicant, his associates, professional advisers and contractors in the development and management of real estate, the construction of housing, including affordable and elderly housing, as well as their respective financial positions. Such information may include a list of all persons and organizations with which the applicant has been associated in the development of real estate during the past 10 years, including their addresses and the names of their principal officers, as well as all sources of credit upon which the applicant relies to acquire, develop and manage the development site. The applicant shall furnish copies of such transcripts, records, letters of intent, contracts, as well as all other documentation that the Planning Board may require to determine whether the applicant is qualified to undertake and complete the development proposed and whether his plan for financing the same is sound.
(c) 
A map, to the scale required by the Planning Board, of the development site and the community surrounding the same to a distance of 1/2 mile showing all streets, Town-owned property and zoning classifications.
(d) 
A plan, suitable for recording, of the development site, showing all existing and proposed contours, lot lines, easements, rights-of-way, roads, utilities, structures and improvements, parking areas, wetlands, land to be included in the C (Conservation) or O (Open Space) Zones, and any conservation easements or other restrictions. Such plan or supplemental information submitted therewith shall illustrate compliance with the applicable density requirements.
(e) 
A plan or plans, to the scale required by the Planning Board, showing the topography of the site at a minimum of five-foot intervals, as well as vegetation and special features, including all woodlands, wetlands, groups of trees or individual trees worthy of preservation, rock outcroppings, significant slopes, trails and paths, flowing streams and drainageways, ponds, open vistas, structures of historical importance and biological or wild life habitats and proposed conservation and recreation easement areas, together with a proposal for the preservation of the foregoing.
(f) 
Proposals for the disposition of sanitary waste and stormwater.
(g) 
A model or plan illustrating landscaping and architectural design showing types, location and layout of buildings and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be required.
(h) 
Information, including proposed interior plans, indicating the number and type (affordable, elderly and/or market rate) of dwelling units proposed, the number of bedrooms planned and the anticipated sale or rental prices.
(i) 
If the Special Permit provides for the construction of multifamily condominium dwelling units, a master deed suitable for recording by the applicant submitting to the provisions of MGL c. 183A, as well as a copy of the bylaws to be adopted by the organization of unit owners and a description of such organization.
(j) 
Copies of all proposed covenants, easements and other restrictions which the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof.
(k) 
Copies of proposed deeds to affordable and elderly units, including provisions to ensure compliance with Subsection B(5) hereof.
(l) 
A development schedule bearing the signature of the applicant, showing dates for:
[1] 
Commencement of development within 1 year after issuance of the Special Permit.
[2] 
Completion dates of each stage of the development.
[3] 
Completion date of the development.
(m) 
Any and all other information that the Planning Board may reasonably require, including such information and plans required under the Board's Subdivision Control Regulations[3] as the Board shall designate, in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this section.
[3]
Editor's Note: See Ch. 248, Subdivision of land.
(3) 
Application under Subdivision Control Law. If the final development plan requires approval under the Subdivision Control Law, an application for approval under the Subdivision Control Law and the application for a Special Permit hereunder shall be filed concurrently. To the extent permitted by law, the Planning Board shall consider both applications at the same time, but the applicant must demonstrate compliance with all applicable requirements under the Subdivision Control Law, as well as this chapter.
[2]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
G. 
Review and action by Planning Board.
(1) 
The Planning Board shall hold a public hearing on such application for a Special Permit and final development plan, giving notice of the time and place thereof and of the subject matter in accordance with MGL c. 40A, § 9.
(2) 
Failure by any agency listed in Subsection G(1) above to submit a written recommendation to the Planning Board within 45 days of the certified filing date shall indicate approval by such agency.
(3) 
The Planning Board shall, after the conclusion of such hearing, notify all parties in interest of its decision as provided in MGL c. 40A, § 9.
(4) 
The Planning Board shall not grant such a Special Permit, unless it finds that the final development plan is consistent with the preliminary development plan described in Subsection F(1) and is in harmony with the general purposes of this section. The Planning Board may include such conditions and safeguards as it deems appropriate to assure such compliance. Without limiting the foregoing, such conditions and safeguards shall include:
(a) 
In the discretion of the Planning Board, a requirement that, before commencing any work under the Special Permit, the applicant shall provide security, in the form of a deposit of money or negotiable instruments, a letter of credit or surety bond, sufficient, in the opinion of the Planning Board, to complete the project as authorized by the Special Permit or any severable portion of the project that the Planning Board concludes can be built consistent with the purposes of the Special Permit and this chapter. Such security shall be for the benefit of the Town of Dover. Upon failure by the developer to carry out any obligation or condition of the Special Permit, the Planning Board may, after notice to the applicant and opportunity for hearing, declare the project in default. Thereupon, the Town, to the extent permitted by law, may expend said funds without further appropriation and take all steps necessary to complete the project, or any part thereof that the Planning Board deems to be appropriate and consistent with the purposes of the Special Permit and this chapter and the protection of the neighborhood. Any funds not so used shall be paid to the applicant.
(b) 
A requirement that any transfer of the development rights granted under the Special Permit to a person or entity other than the applicant shall require the approval of the Planning Board and an appropriate amendment of the Special Permit by the Planning Board, after a hearing in accordance with MGL c. 40A, § 9, and this chapter; provided, however, that nothing contained herein shall prevent a mortgage of the premises subject to the benefits and obligations of the Special Permit; and provided further that any mortgagee who acquires title to the premises by foreclosure or otherwise, shall have the right to complete the project in accordance with the Special Permit or to sell the land or any part thereof subject to the benefits and obligations of the Special Permit.
(c) 
A requirement that the affordable and elderly units shall be maintained for such purposes for such period as the Planning Board shall designate; provided that such period shall be at least as long as may be required by any state or federal requirements, and in any event no less than 20 years.
(d) 
A requirement that as-built drawings shall be filed with the Building Inspector upon completion of each stage of the development.
H. 
Revision of Special Permit. Any change in the number of dwelling units or in the mix of affordable, elderly and other units and any change in the layout of streets, common driveways or utilities, the location of buildings or other structures or the use or ownership of the common land or a change in any conditions of the Special Permit, other than those specifically exempted by the Planning Board from this subsection, shall require an amendment of the Special Permit by the Planning Board after a hearing in accordance with MGL c. 40A, § 9, and this chapter.
I. 
Regulations. The Planning Board may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in this section, provided that:
(1) 
Said rules and regulations are not inconsistent with said standards and conditions;
(2) 
A copy of said rules and regulations is filed in the office of the Town Clerk; and
(3) 
Any amendment or change of said rules and regulations shall not apply to any application for a Special Permit hereunder that shall have been submitted prior to such filing.
J. 
Enforcement.
(1) 
General principles. The Town may enforce the conditions and safeguards imposed on the exercise of Special Permits under this section in equity or at law and may recover from the applicant, his successor(s) or approved assignee(s) all moneys that may be required to complete the final development plan.
(2) 
Stop order.
(a) 
In the event of a violation of law, an unauthorized sale or lease of the development site, development that deviates from the final development plan, or if the applicant shall otherwise fall or neglect to comply with the conditions and safeguards imposed on the exercise of this Special Permit, the Building Inspector may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location on said site. The order shall describe the nature of the violation and the date on which said order shall expire.
(b) 
Any person who shall violate the provisions of a stop order shall be deemed in violation of this chapter.
(c) 
Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law.
K. 
Fees. In order to reimburse the Town for the expense of processing the various applications hereinabove provided for, the Planning Board may, from time to time, adopt and promulgate in its regulations a schedule of fees payable by the applicant, a copy of which shall be kept on file and available in the office of the Town Clerk.
L. 
Severability. No section or subsection of this section shall be deemed severable from other sections thereof. In the event that any such section or subsection shall later be invalidated, whether by judicial decree or otherwise, all other provisions contained herein shall become inoperative, except that Special Permits previously issued by the Planning Board hereunder shall remain in effect.
M. 
Definitions of terms as used in this section. As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE
Any housing subsidized by the federal or state government under any program to assist the construction of low or moderate income housing, as defined in the applicable federal or state statute, including a local initiative program which meets the requirements of 760 Code of Massachusetts Regulations 45.
APPLICANT
The person or persons, entity or entities seeking a Special Permit hereunder. The applicant must own or be the beneficial owner of at least 8 contiguous acres of land included in the proposed development site or have authority to act for such owner(s) or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire such land within a period of 30 days following issuance by the Planning Board of a Special Permit.
ELDERLY
Housing for families at least 1 member of which is either handicapped or at least 62 years of age.
(1) 
All land subject to the provisions of MGL c. 131, §§ 40 and 40A, or land included in the C (Conservancy) District or subject to any regulation of the Town of Dover with regard to floodplains, wetlands or aquifer protection.
(2) 
All land designated as Water Protection Zone I as required by the Massachusetts Department of Environmental Affairs.
(3) 
Land which is normally submerged during any portion of the year.
[1]
Editor's Note: See Ch. 239, Multifamily Zoning.
[Added ATM 5-5-1986 by Art. 16]
A. 
Application for Special Permit.
(1) 
An owner or owners of a single-family dwelling in an R, R-1, R-2, B, M, M-P or R-M District may apply to the Board of Appeals for a Special Permit for the construction and occupancy of not more than 1 accessory dwelling unit in such single-family dwelling, the accessory dwelling unit thus created being hereafter referred to in this section as an "apartment."
(2) 
Such application shall include a detailed site and plot plan and a detailed floor plan showing the building before and after the construction of the proposed apartment. Notwithstanding the foregoing, no Special Permit shall be granted during any time when more than 10% of the single-family dwellings in Dover shall have an apartment pursuant to such a Special Permit. The provisions of § 185-13 shall not apply to an apartment for which a Special Permit is received pursuant to this section.
B. 
After notice and public hearing (the hearing) and after due consideration of the reports and recommendations of the Planning Board and the Board of Health (see Subsections C and D below), the Board of Appeals may grant such a Special Permit, provided that:
(1) 
The apartment is accessory to the principal residence, the floor area of the apartment does not exceed the lesser of 25% of the floor area of the principal residence, exclusive of any garage, unfinished attic or basement or shed attached to said principal residence, or 900 square feet and either the apartment or the principal residence is occupied by at least 1 of the owners of the lot on which the apartment is to be located, except for bona fide temporary absences;
(2) 
Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such apartment and the principal residence and for an adequate water supply to such apartment and the principal residence in accordance with the requirements of the Board of Health;
(3) 
Adequate provision has been made for ingress and egress to the outside from such apartment, any new entrances to be located on the side or the rear of the building;
(4) 
The apartment and all other modifications to the building shall be designed so that the appearance of the building remains that of a single-family dwelling, and the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located or injurious to persons or property;
(5) 
The building in which the apartment is to be constructed existed and was legally occupied on January 1, 1985, and has not been substantially enlarged since then;
(6) 
Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family dwelling and that there shall be no change in the front yard parking area, as it existed on January 1, 1985; and
(7) 
There is no other residence on the lot on which the apartment is to be located.
C. 
In order to ensure compliance with Subsection B(2) above, the applicant shall consult with the Board of Health at least 30 days prior to the hearing and the Board of Health shall submit, in writing, prior to the hearing, a report to the Board of Appeals certifying that the conditions of Subsection B(2) have been met. The Board of Health may supplement its report within 14 days after the hearing.
D. 
Consultation with Planning Board; report.
(1) 
In connection with an application for a Special Permit under this section, the applicant shall consult with the Planning Board at least 30 days prior to the hearing, and the Planning Board shall submit, in writing, prior to the hearing, its recommendation and report to the Board of Appeals. The Planning Board may supplement its report within 14 days after the hearing. The report of the Planning Board shall include as a minimum:
(a) 
A determination of the area of the lot on which the apartment is located.
(b) 
A general description of the neighborhood in which the lot lies and the effect of the proposed apartment on the neighborhood.
(c) 
The Planning Board's recommendations as to the advisability of granting the Special Permit and as to any restrictions which should be imposed as a condition of such Special Permit.
(2) 
The Board of Appeals shall give due consideration to the report of the Planning Board and, where its decision differs from the recommendation of the Planning Board, shall state the reasons therefor in writing.
E. 
No building shall be used for an apartment in violation of the terms of this chapter unless the owner or owners of the building have secured a Special Permit pursuant to this section. The Special Permit will be limited to the original applicant, but shall be transferred with ownership upon written certification by the Building Inspector that, after inspection, he has verified that the terms and conditions of this section and the Special Permit granted hereunder are being met and that the new owner or owners have declared, in writing, an intention to abide by such terms and conditions. Within 6 months of the lapse of a Special Permit hereunder, the owner or owners of the building containing an apartment shall dismantle the cooking facilities of the apartment and restore the building to a single-family dwelling.
F. 
Any Special Permit granted under this section shall lapse 1 year from the date of issue unless construction shall have commenced pursuant to such Special Permit.
[Added ATM 5-1-1989 by Art. 31; amended 5-7-2012 ATM by Art. 10]
A. 
Purpose. The purposes of the Floodplain District are to protect the public health, safety and general welfare, to protect human life and property from the hazards of periodic flooding and to preserve the flood-storage capacity of the floodplain.
B. 
Boundaries. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated within the Town of Dover as Zones A and AE on the Norfolk Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Norfolk County FIRM that are wholly or partially within the Town of Dover are panel numbers 25021C0016E, 25021C0018E, 25021C0019E, 25021C0038E, 25021C0152E, 25021C0154E, 25021C0156E, 25021C0157E, 25021C0158E, 25021C0159E, 25021C0176E, and 25021C0178E dated July 17, 2012. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report, dated July 17, 2012. The FIRM and the FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector and the Conservation Commission.
C. 
Regulations. All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by Special Permit, must be in compliance with the following, except that if there are any provisions of this chapter which are more restrictive, they shall apply:
(1) 
780 CMR, of the Massachusetts State Building Code, which addresses floodplain and coastal high hazard area.
(2) 
310 CMR 10.00, Wetlands Protection Regulations, Department of Environmental Protection (DEP).
(3) 
210 CMR 15, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, Department of Environmental Protection (DEP).
(4) 
310 CMR 13, Adopting Inland Wetlands Orders, Department of Environmental Protection (DEP).
D. 
Other regulations.
(1) 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) 
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
(3) 
In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse:
Adjacent communities
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
or any successor agency or address.
(4) 
In Zone AE, along watercourses within the Town of Dover that have a regulatory floodway designated on the Norfolk County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(5) 
All subdivision proposals must be designed to assure that:
(a) 
Such proposals minimize flood damage;
(b) 
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c) 
Adequate drainage is provided to reduce exposure to flood hazards.
(6) 
Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
E. 
Permitted uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged, provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:
(1) 
Agricultural uses, such as farming, grazing, truck farming, and horticulture.
(2) 
Forestry and nursery uses.
(3) 
Outdoor recreational uses, including fishing, boating, and play areas.
(4) 
Conservation of water, plants, wildlife.
(5) 
Wildlife management areas, and foot, bicycle, and/or horse paths.
(6) 
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
(7) 
Buildings lawfully existing prior to the adoption of these provisions.
[Amended ATM 5-4-1992 by Art. 35; ATM 5-3-1993 by Art. 25]
No privately owned wastewater treatment facility shall be constructed except to remediate groundwater and in those areas with existing water quality problems where the problems are attributable to current septic systems and there will be a net improvement in water quality. A privately owned wastewater treatment facility shall be constructed only pursuant to and in compliance with a Special Permit from the Board of Appeals. The Board of Appeals may grant a Special Permit subject to the following terms, criteria and conditions:
A. 
Each individual dwelling site served by the privately owned wastewater treatment facility must be capable of supporting a single on-site septic treatment system complying with the rules and regulations of the Board of Health.
B. 
Sufficient bonding or other assurance in the opinion of the Board of Appeals that the privately owned wastewater treatment facility can be replaced, rebuilt, supplemented or repaired as necessary.
C. 
No privately owned wastewater treatment facility shall be permitted to discharge any effluent at any point which is less than 1/2 mile from any discharge point of another wastewater treatment facility which discharges to the same receiving surface water or groundwater recharge area.
D. 
A sound management and maintenance plan for the facility with periodic inspections and reports provided by the operator to the Board of Health as determined by the Board of Appeals.
E. 
The Board of Appeals may consult with the Board of Health in reaching its decision relative hereto.
[Added STM 10-27-1997 by Art. 1; amended ATM 5-7-2002 by Art. 27; ATM 5-7-2018 by Art. 21]
A. 
Purpose; administration.
(1) 
It is the express purpose of this section to minimize the visual and environmental impacts, as well as any potential deleterious impact on property value, of personal wireless service facilities upon properties located within the Town or adjacent thereto. No personal wireless service facility shall be placed, constructed or modified within the Town without first obtaining a Special Permit or site plan approval, as applicable, from the Planning Board. This section is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of Dover's rural character and the provision of adequate infrastructure development in Dover.
(2) 
The regulation of personal wireless service facilities is consistent with the purpose of this chapter and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of Dover, enhancement of open space areas and respect for Dover's rural character.
(3) 
In accordance with the requirements of 47 U.S.C. § 332(c)(7)(B), in regulating the placement, construction and modification of personal wireless service facilities, the administration of this section shall not be undertaken in a manner which unreasonably discriminates among providers of functionally equivalent services or prohibits or has the effect of prohibiting the provision of personal wireless services. Furthermore, any decision to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. Furthermore, this section may not regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABOVE MEAN SEA LEVEL (AMSL)
A uniform point from which height above sea level (or zero elevation) can be measured.
ANTENNA
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
CAMOUFLAGED
A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be camouflaged.
CARRIER
A company that provides wireless services.
COLLOCATION
The use of a single mount on the ground by more than 1 carrier (vertical collocation) and/or several mounts on a preexistent building or structure by more than 1 carrier.
CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA
A low mount that has 3 panels flush mounted or attached very close to the shaft.
ELEVATION
The measurement of height above mean sea level.
ENVIRONMENTAL ASSESSMENT (EA)
The document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.
GUYED TOWER
A lattice tower tied to the ground or other surface by diagonal cables.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
LICENSED CARRIER
A company authorized by the FCC to construct and operate a commercial mobile radio service system.
MONOPOLE
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted, including the following 4 types of mounts:
(1) 
Mounted on the roof of a building.
(2) 
Mounted on the side of a building.
(3) 
Mounted on the ground.
(4) 
Mounted on a structure other than a building.
OMNIDIRECTIONAL (WHIP) ANTENNA
A thin rod that beams and receives a signal in all directions.
PANEL ANTENNA
A flat surface antenna, usually developed in multiples.
(PCS) PERSONAL COMMUNICATIONS SERVICES
Broadband radiowave systems that operate at a radio frequency in the 1850 to 1900 megahertz range.
PERSONAL WIRELESS SERVICE FACILITY
A wireless telecommunication facility shall include towers, poles, antennas and appurtenant structures designed to facilitate personal wireless services; hereinafter referred to as "facility."
PERSONAL WIRELESS SERVICES
The 3 types of services regulated by this section:
(1) 
Commercial mobile radio services;
(2) 
Unlicensed wireless services; and
(3) 
Common carrier wireless exchange access services.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electric or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR)
Emissions from personal wireless service facilities.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION
The distance between 1 array of antennas and another array.
SMALL WIRELESS FACILITY
A facility that meets both of the following qualifications: (a) an antenna within an enclosure of no more than 6 cubic feet in volume and (b) all other associated wireless equipment, whether ground or pole-mounted, is cumulatively no more than 28 cubic feet. The following types of ancillary equipment are excluded from the calculation of volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off-switch, vertical cable runs for the connection of power and other services.
UTILITY
A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, substations and transmission-lines or other utility services.
C. 
Regulations.
(1) 
The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public.
(2) 
A personal wireless service facility may locate as of right:
(a) 
On any existing monopole for which a Special Permit issued under this section is in effect; or
(b) 
On an electric utility transmission tower provided that the new facility shall first obtain site plan approval from the Planning Board as specified in § 186-36; or
(c) 
On an existing utility pole within a Town right-of-way, provided that the facility is a small wireless facility, the antenna is designed to appear like transformers that are located on other nearby utility poles, and the new facility shall first obtain site plan approval from the Planning Board as specified in § 186-36 as well as a "grant of location" from the Board of Selectmen in accordance with the provisions of MGL c. 166, § 22 (or any related or successor provisions thereto).
(d) 
Only one such small wireless facility may be located on any utility pole.
(e) 
Double poles shall not be eligible as the location of small wireless facility.
(3) 
Except as may be permitted under Subsection C(2), no personal wireless service facility shall be located in the Town except upon issuance of a Special Permit. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this section.
(4) 
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communication Commission are exempt from the provisions of this chapter, provided that the tower is not used or licensed for any commercial purpose; and the tower must be removed upon loss or termination of said FCC license.
D. 
Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
(1) 
If feasible, personal wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for 1 or more personal wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for 1 or more personal wireless service facilities.
(2) 
If the applicant demonstrates to the satisfaction of the SPGA (special permit granting authority) that it is not feasible to locate on a preexistent structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to, use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review), and placement within trees.
E. 
Dimensional requirements. Personal wireless service facilities shall comply with the following requirements:
(1) 
Height.
(a) 
Height, ground-mounted facilities. Any applicant for a Special Permit for the placement, construction or modification of a personal wireless service facility shall demonstrate to the SPGA that the location of the proposed facility complies with all of the requirements of this section and, furthermore, that the size and height of the proposed facility is the minimum necessary for its intended purpose utilizing topographical advantage where possible. In any event, the maximum height of such a facility shall not exceed 190 feet.
(b) 
Height, side- and roof-mounted facilities. Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located, except for a facility which is to be located on a preexisting, nonconforming building or structure for which the necessary zoning relief to extend, alter or change the building or structure in accordance with MGL c. 40A, § 6, has been issued.
(c) 
Height, preexistent structures. New antennas located on any of the following preexistent structures shall be exempt from the height restrictions of this section provided that there is no increase in height of the preexistent structure as a result of the installation of a personal wireless service facility; guyed towers and monopoles.
(d) 
Height, preexistent structures (utility). New antennas located on electric transmission and distribution towers shall be exempt from the height restrictions of this section provided there is no more than a 20-foot increase in the height of the original, preexistent structure as a result of the installation of a personal wireless service facility. New antennas located on utility poles within a Town right-of-way shall be exempt from the height restrictions provided there is no more than a 10- foot increase (including antenna) in the height of the original, preexistent structure as a result of the installation of a personal wireless service facility. In no case shall the height increase for a utility pole result in a total height above ground level more than 43 feet.
(2) 
Setbacks.
(a) 
The minimum distance from the base of any ground-mounted personal wireless service facility to any property line shall be 2.5 times the height of the facility/mount, including any antennas or other appurtenances from the property line. In addition, a minimum setback of 300 feet from any habitable dwelling or business is required.
(b) 
In the event that a preexistent structure is proposed as a mount for a personal wireless service facility, the setback provisions of the zoning district shall apply; provided, however, that in the case of the preexistent nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities.
(3) 
Flexibility. In reviewing a Special Permit application for a personal wireless service facility, the SPGA may reduce the required setback distance of the zoning district by as much as 50% of the required distance if it finds that a substantially better design will result from such reduction. In making such a finding, the special permit granting authority shall consider both the visual and safety impacts of the proposed use.
F. 
Design standards. Personal wireless service facilities shall be camouflaged as follows:
(1) 
Camouflage by preexistent buildings or structures.
(a) 
When a personal wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
(b) 
Personal wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building.
(2) 
Camouflage by vegetation. If personal wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted personal wireless service facilities shall provide a year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be preexistent on the subject property or installed as part of the proposed facility, or a combination of both. Vegetation should be natural in appearance and consistent with the surroundings.
(3) 
Color.
(a) 
Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
(b) 
To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it, they can be painted in a light gray or light blue hue which blends with sky and clouds.
(4) 
Double poles. Pursuant to the foregoing Subsection C(2), double poles shall not be eligible as the location of small wireless facility.
G. 
Equipment shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with 1 of the following design standards:
(1) 
Equipment shelters must be located in underground vaults;
(2) 
Equipment shelters must be designed consistent with traditional materials, color and design of the area; or
(3) 
Equipment shelters must be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence acceptable to the permitting authority.
H. 
Lighting and signage.
(1) 
Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties.
(2) 
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs are subject to review by the SPGA.
(3) 
All ground-mounted personal wireless service facilities shall be surrounded by a security barrier.
I. 
Historic buildings.
(1) 
Any personal wireless service facilities located on or within an historic structure shall not alter the character defining features, distinctive construction methods or original historic materials of the building.
(2) 
Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
J. 
Scenic roads. No facility, other than a small wireless facility mounted on a utility pole within a Town right-of-way and approved under Subsection C(2), shall be located within 300 feet of a scenic road. If the facility is located farther than 300 feet from the scenic road, the applicant must adhere to Dover's Rules and Regulations Governing Scenic Roads for any access from a scenic road.
K. 
Environmental standards.
(1) 
Personal wireless services facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible, and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed.
(2) 
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor designed to contain at least 110% of the volume of the hazardous materials stored or used on site. The applicant must comply with all federal, state and local regulations governing hazardous materials.
(3) 
Stormwater runoff as a result of the wireless facility shall be contained on site.
(4) 
Ground-mounted equipment for personal wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier.
(5) 
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
L. 
Safety standards; radio frequency radiation (RFR) standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations.
M. 
Application procedures.
(1) 
Special permit granting authority (SPGA). The special permit granting authority (SPGA) for personal wireless service facilities shall be the Planning Board.
(2) 
Preapplication conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed personal wireless service facility in general terms and to clarify the filing requirements.
(3) 
Preapplication filing requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed personal wireless service facility. As such, no formal filings are required for the preapplication conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design.
N. 
Regulations. All applications shall comply with rules and regulations regarding the application process and filing requirements as may be adopted by the Planning Board.
O. 
Collocation.
(1) 
Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are standalone facilities. However, pursuant to the foregoing Section C(2), only one such small wireless facility may be located on any utility pole. All applicants for a Special Permit for another type of personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
(a) 
A survey of all preexistent structures that may be feasible sites for collocating personal wireless service facilities;
(b) 
Contact with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and
(c) 
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
(2) 
An applicant shall demonstrate to the Planning Board that it has made a good faith effort to collocate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for collocation.
(3) 
If the applicant does intend to collocate or to permit collocation, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out.
(4) 
If the SPGA approves collocation for a personal wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Subsection C, facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit.
(5) 
In order to determine compliance with all applicable FCC regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities, both for the applicant and all collocators.
P. 
Modifications. A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and will require a Special Permit when any of the following events apply:
(1) 
The applicant and/or co-applicant proposes to add any equipment or additional height not specified in the original design filing; or
(2) 
The applicant and/or co-applicant proposes to alter the terms of the Special Permit by changing the personal wireless service facility in one or more of the following ways:
(a) 
Change in the number of carrier facilities permitted on the site; or
(b) 
Change in technology used for the personal wireless service facility that results in a change in appearance, an increase in the level of radio frequency radiation or an increase in the noise level.
Q. 
Monitoring and maintenance.
(1) 
After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an independent RF engineer, stating that RFR measurements are accurate and are in compliance or how the measurements fail to comply with all applicable FCC Guidelines as specified in Subsection N(6) of this section. The measurements shall be submitted for both the applicant and all collocators.
(2) 
After the personal wireless service facility is in operation, the applicant shall submit to the SPGA, within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the personal wireless service facility. Such measurements shall be certified and signed by an independent acoustical engineer, stating that noise measurements are accurate and meet the noise standards specified in the Planning Board Rules and Regulations.
(3) 
After the facility is in operation, the applicant shall submit to the SPGA by February 1 of each year, an annual report documenting the maintenance activities that were undertaken during the previous calendar year as well as a report on changes in technology that may impact the facility during the upcoming year or following years.
(4) 
The applicant and co-applicant shall maintain the personal wireless service facility. Such maintenance shall include, but shall not be limited to, painting, structural integrity and landscaping.
(5) 
The applicant shall submit, on an annual basis, information regarding technology changes within the industry that may influence design or service.
(6) 
Failure to submit the information required in this section shall result in a fine of not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
R. 
Abandonment or discontinuation of use.
(1) 
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon discontinuation of operations.
(2) 
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(a) 
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
(b) 
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(c) 
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition.
(3) 
As a condition of any Special Permit for the placement, construction or modification of a personal wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property and, furthermore, said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued.
(4) 
A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of 6 months or more. Any change in use requires a change of use permit. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within 90 days. In the event that the carrier fails to remove the facility, the Town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice 7 days in advance to the carrier, shall remove the facility.
(5) 
Failure to follow the provisions of this Subsection R shall result in a fine of not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
S. 
Reconstruction or replacement of preexistent nonconforming personal wireless service facilities. Personal wireless service facilities that were in existence at the time of adoption of this section may be reconstructed, altered, extended or replaced by Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent nonconforming structure. In making such a determination, the SPGA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits, such as opportunities for collocation, improvements in public safety and/or reduction in visual and environmental impacts.
T. 
Performance guaranties.
(1) 
Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with 1 or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance shall be filed with the Town Clerk.
(2) 
After the facility is in operation, the applicant shall submit to the SPGA by February 1 of each year, an annual report documenting the facility's annual maintenance costs during the previous calendar year and the existence of sufficient funds to cover annual maintenance costs during the upcoming year or following years.
(3) 
Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the Building Inspector by the Special Permit holder.
U. 
Term of Special Permit. A Special Permit issued for any personal wireless service facility shall be good for 5 years, and the Special Permit may be renewed under the same criteria as the original Special Permit, provided that the application for renewal of the Special Permit is made prior to the expiration date of the original or any renewed Special Permit. Additional measures governing the administration of the Special Permit may be found in Planning Board Regulations.
V. 
Administration of this chapter. In accordance with § 185-52, Special permits, the Planning Board, as the special permit granting authority, may authorize the hiring of private consultants at the applicant's expense. For the purposes of review of personal wireless service facilities this provision includes consultation with an independent RF engineer to review and evaluate the information submitted by the applicant.
[1]
Editor’s Note: Former § 185-46.1, Site plan approval, added 5-4-1998 ATM by Art. 19, was repealed ATM 5-2-2016 by Art. 16. See now § 185-36, Site plan review.
[Added ATM 5-12-2014 by Art. 17]
A. 
Location: Registered marijuana dispensaries are allowed only in the Business and Medical-Professional Districts and not within 200 feet of a school or day-care center.
B. 
Permitting: Registered marijuana dispensaries must have a state license and are allowed only by special permit from the Planning Board, and permits are not transferable without approval of the Planning Board.
C. 
Hours of operation: maximum of 8:00 a.m. to 8:00 p.m. Monday to Friday, 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
D. 
Size: limited to a minimum of 1,000 and a maximum of 6,000 square feet.
E. 
Reporting: Registered marijuana dispensaries must reveal the names of individuals involved in the ownership and management of the facility and provide an annual report on its operations.
F. 
Bonding/abandonment: a bond sufficient to remove all aspects of the registered marijuana dispensary in the event it ceases operations.
[Added ATM 5-2-2016 by Art. 16]
A. 
Purpose.
(1) 
The purpose of this bylaw is to promote and regulate the use of commercial and municipal solar photovoltaic facilities within the Town of Dover and encourage their location and use in a manner which minimizes negative visual and environmental impacts on scenic, natural and historic by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations. The purpose is also to address public safety and to provide adequate financial assurance for the eventual decommissioning of such installations.
(2) 
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. This provision does not apply to the construction or use of any solar energy systems or the building of structures that facilitate the collection of solar energy, as exempted by M.G.L. Chapter 40A, Section 3.
B. 
Definitions.
APPURTENANT FACILITIES
A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, substations, and transmission lines, or otherwise supports the functioning of the solar photovoltaic installation.
AS-OF-RIGHT SITING
As-of-right siting shall mean that development may proceed without the need for a Special Permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review.
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity of 250 kW DC.
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
RELATED EQUIPMENT or FACILITIES
Any equipment, building, structure, access way, landscaping or other means used to support the operation of a solar photovoltaic installation.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm, or combination thereof, which completely seals an area from unauthorized entry or trespass.
C. 
Solar Photovoltaic Overlay District. In order to allow new solar photovoltaic facilities to be located efficiently and in areas that will have the least visual and environmental impact, there is hereby created the following Solar Photovoltaic Overlay District (SPOD):
This District shall include all land within the parcels shown on Assessors Map 19, Parcels 002, 004A and that portion of Parcel 004 that is north of the natural gas pipeline easement. Said location is shown on a Zoning Map entitled "Solar Photovoltaic Overlay District," pursuant to Massachusetts General Laws Chapter 40A, Section 4. This map is hereby made a part of this Zoning Bylaw and is on file in the Office of the Town Clerk.
D. 
General requirements for all large-scale solar power generation installations.
(1) 
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
(2) 
Site plan review. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Planning Board in accordance with Section 185-46.1[1] prior to construction, installation or modification as provided in this section. The Planning Board shall provide the Board of Selectmen, the Long-Range Planning Committee, the Superintendent of Streets, and the Building Inspector with copies of the site plan application and request their review and written comment on such application. Any such comments and recommendations received in writing by the Planning Board within 30 days of providing the site plan application shall be considered in determining whether to approve a site plan.
[1]
Editor's Note: Former § 185-46.1, Site plan approval, was repealed ATM 5-2-2016 by Art. 16. See now § 185-36, Site plan review.
(3) 
General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.
(4) 
Required documents.
(a) 
Pursuant to the site plan review process, the project applicant shall provide the following:
[1] 
A site plan showing:
[a] 
Property lines and physical features, including roads, for the project site;
[b] 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[c] 
Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
[d] 
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
[e] 
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
[f] 
Name, address, and contact information for proposed system installer;
[g] 
Name, address, phone number and signature of the project applicant, as well as all co-applicants or property owners, if any;
[h] 
The name, contact information and signature of any agents representing the project applicant; and
[2] 
Documentation of actual or prospective access and control of the project site [see also Subsection D(5)];
[3] 
An operation and maintenance plan (see also Subsection D(6)];
[4] 
Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose];
[5] 
Proof of liability insurance; and
[6] 
A public outreach plan, including a project development timeline, which indicates how the project applicant will inform abutters and the community about the project.
(b) 
The Planning Board may waive documentary requirements as it deems appropriate.
(5) 
Site control. The project applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
(6) 
Operation and maintenance plan. The project applicant shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation, including both functional and aesthetic aspects of the site.
(7) 
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(8) 
Dimension and density requirements.
(a) 
Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be 40 feet.
(b) 
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to applicable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
(9) 
Design standards.
(a) 
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the solar photovoltaic installation and site shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(b) 
Signage.
[1] 
Signs on large-scale ground-mounted solar photovoltaic installations shall comply with the sign bylaw and sign regulations.[2] A sign consistent with the sign bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.
[2]
Editor's Note: See § 185-35, Signs.
[2] 
Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(c) 
Utility connections. Reasonable efforts, as determined by the Planning Board during site plan review, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(10) 
Safety and environmental standards.
(a) 
Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(b) 
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.
(11) 
Monitoring and maintenance.
(a) 
Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, site landscaping and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
(b) 
Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board as a modification of the site plan.
(12) 
Abandonment or decommissioning.
(a) 
Removal requirements.
[1] 
Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection D(12)(b) of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
[a] 
Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
[b] 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[c] 
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation, but otherwise the site shall be restored as nearly as possible to its original condition.
[2] 
A performance guarantee running to the Town of Dover, secured by surety or by money or negotiable securities deposited with the Town Treasurer in such amounts as the Board shall determine to be sufficient to cover the cost of Items [a], [b] and [c] above, shall be required as a condition of site plan approval. The performance guarantee shall be executed and provided to the Town prior to the issuance of any building permit for the site.
(b) 
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.