[Added 4-30-1994 ATM by Art. 40]
The constraints on use and intensity of use enumerated below
are not exclusive. Other sections of the Bylaw also apply.
[Amended 11-12-1974 STM by Art. 5; 3-28-1987 ATM by Art. 66]
The intent is that the bulk of buildings be of a scale and form
consistent with their surroundings and consistent with controlling
the spread of fire given the capabilities of the personnel, equipment,
and water supplies customarily available for rural fire fighting in
accordance with Sections 3 and 5 of Standard 1231, 1984 Edition, of
the National Fire Protection Association ("Water Supplies for Suburban
and Rural Fire Fighting") and Sections 3-6.2 through 3-6.3 of Standard
1141, 1985 Edition, of the National Fire Protection Association ("Fire
Protection in Planned Building Groups").
A.
Size.
[Amended 3-25-1995 ATM by Art. 25; 11-30-1999 STM by Art. 12]
(1)
A nonresidential building proposed with a length of greater than 150 feet or greater than 10,000 square feet of gross floor area may be erected only by special permit (see § 125-46, Special permits) issued by the Planning Board. For proposed commercial buildings and uses, the building area within any roofs or any gables and dormers not containing usable floor area, shall not count toward the maximum gross floor area specified herein.
[Amended 3-27-2004 ATM by Art. 34]
(2)
Exceptions to these provisions are:
(a)
No such special permit is required for an institutional use
by the Town of Harvard on land located within 2,500 feet of the Town
center intersection of Routes 110 and 111 and served by the Town water
system; and
(b)
Buildings used exclusively for agriculture are exempt from the
provisions of this subsection.
B.
Design. Except for one- and two-family dwellings, in
considering such a permit, the Board shall consider harmony of the
character of the premises with the character of the vicinity and of
the community and may require siting, screening and/or other design
to minimize visual bulk from off premises; however, use or nonuse
of a particular architectural style shall not be required. The special
permit shall not be authorized unless it contains findings that the
proposed structures and uses are in accordance with the intent and
provisions of this subsection, and further findings that during all
phases of construction and after completion there will be adequate
fire lanes to all parts of structures and adequate supply of water
for fire fighting, including provisions therefor recommended by the
Fire Department and provisions of the Planning Board's Rules and Regulations
Relative to Subdivision Control.[1] Town-owned public education buildings equipped with sprinkler
systems and fire and smoke alarms in accordance with the applicable
State Building Code and buildings used exclusively for agriculture
are exempt from this provision.
[Amended 6-27-1988 STM by Art. 10; 3-25-1995 ATM by Art. 25]
[Amended 3-7-1964 ATM by Art. 30; 3-4-1967 ATM by Art. 20; 3-7-1970 ATM by Art. 46; 3-4-1972 ATM by Art. 47; 3-30-1974 ATM by Art. 35; 3-25-1978 ATM by Art. 23; 3-28-1987 ATM by Art. 61; 3-26-1988 ATM by Art. 31; 3-25-1995 ATM by Art. 26]
Site plans are required for certain uses and administrative
procedures under this Bylaw to assist in assuring compliance with
the Bylaw and other provisions of law.
A.
For the purposes of the Bylaw:
(1)
A site plan is a plan or bound collection of plans (including explanatory
text) which show what is to be done in sufficient detail to allow
a reviewing or approving authority to determine (using its own judgment)
the extent to which the proposed use and/or construction complies
with the Bylaw and related provisions of law.
(2)
Site plan approval is a process by which an authority designated
by the Bylaw determines that the project as shown on the site plan
may proceed as being in compliance with the Bylaw and related provisions
of law. Site plan approval may have conditions attached.
(3)
Site plan review is a process by which a board advises that the site
plan is (or is not) adequate in showing compliance with applicable
provisions of the Bylaw. The provisions of the Bylaw that are applicable
to educational, religious and child care facility uses that are exempt
from regulation by special permit and site plan approval under Section
3 of the Zoning Act are those provisions concerning the bulk and height
of structures and determining yard sizes, lot area, setbacks, open
space, parking and building coverage requirements, except to the extent
that the applicant shows that such provision(s) is (are) unreasonable
and unrelated to a legitimate municipal concern, and that such provision(s)
substantially detract(s) or diminish(es) the applicant's ability to
conduct the exempt use.
[Amended 3-30-1996 ATM by Art. 30; 3-27-2004 ATM by Art. 38]
B.
Applicability. Site plan approval is required for uses subject to § 125-39, Site standards, and for other uses as may be indicated in this Bylaw. Any use subject to site plan approval shall be established or expanded in impervious ground area and any building for such use shall be erected or externally enlarged only in conformity with a site plan approved by the Planning Board. Where site plan approval is required, the Building Commissioner shall issue a building permit only on receipt of an approved site plan. The Planning Board and the Building Commissioner shall maintain permanent files of approved site plans.[1]
[Amended 3-25-1995 ATM by Art. 27; 4-5-1997 ATM by Art. 47; 3-27-2004 ATM by Art. 38; 4-2-2005 ATM by Art. 36]
[1]
Editor's Note: Original Sec. 7.2.2, Formal site plan review,
which immediately followed this subsection and was added 3-25-1995
ATM by Art. 27, was deleted 4-5-1997 ATM by Art. 47.
C.
Approval or review process.
(1)
Site plans shall be filed with the Town Clerk with the petition or
application. When the authorizing board receives a site plan in its
review and/or approval, it shall deliver a copy promptly to other
interested boards, officials and departments for advice and recommendations.
[Amended 3-27-2004 ATM by Art. 38]
(2)
Site plan review or approval shall not require a public hearing,
although in any particular instance the approving or reviewing authority
may choose to solicit public comment. Site plan approval or formal
site plan review may take place at any public meeting of the approving
or reviewing authority whose posted business includes the specific
approval. Informal site plan review may take place at any public meeting
of the reviewing body. Site plan approval or review does not require
separate posting if it occurs as part of the public hearing or deliberation
on a variance or special permit.
[Amended 3-25-1995 ATM by Art. 27]
(3)
Final action on a site plan shall occur within 90 days of filing
with the Town Clerk, unless such time period is extended by mutual
written agreement of the reviewing authority and applicant. To ensure
an effective and efficient process, review and/or approval of a site
plan and special permit application relative to the same property
may be conducted concurrently.
[Added 3-27-2004 ATM by Art. 38]
D.
Content. Site plans shall show information as needed
to determine compliance with the Bylaw and any applicable rules and
regulations that have been adopted pursuant to this section and shall
be prepared by a professional engineer, land surveyor, architect,
and/or landscape architect. At a minimum, the site plan(s) shall show
existing and proposed:
[Amended 3-30-1996 ATM by Art. 28; 3-27-2004 ATM by Art. 38]
(1)
Lot boundaries and buildings and other structures (including signs)
within the lot or side setback area abutting the lot, including elevation
views as well as plan views to show conformance to the Bylaw; and
(2)
Parking, loading, maneuvering, storage and service areas or uses,
walkways, driveways, lighting, green areas and visual screening; and
(3)
Provisions for water supply and reservoirs, surface water drainage,
and treatment and disposal of sewage and any other wastes;
(4)
Levels and grades where substantial excavation or fill is involved.
(5)
Clearing limits used to calculate both the volume and rate of surface
water runoff.
E.
Revisions. Where a site plan as submitted requires revision,
deficiencies shall be indicated to the applicant clearly in writing,
but site plan approval shall not be granted until all required changes
have been incorporated on a resubmitted plan; any resubmission shall
be reviewed by the Planning Board as hereinbefore provided. Driveways,
parking, and other traffic areas, visibility, screening, water supply
for fire protection, drainage, and waste disposal provisions required
by an approved site plan shall be provided concurrently with any associated
building permit, and a certificate of occupancy shall not be issued
until said improvements have been provided. Site plan approval shall
expire if any work thereunder is not begun within two years after
approval of the plan and diligently carried through to completion.
Any site plan approval shall also expire if the plans no longer demonstrate
compliance with the requirements of the Bylaw as subsequently amended.
F.
Design review; applicability, procedure, and purpose.
[Added 3-27-2004 ATM by Art. 38]
(1)
Site plan applications for proposed development in the Commercial
"C" District shall include renderings of the proposed building(s)
or addition showing the front, sides, and rear view elevations.
(a)
Renderings shall be in color, and shall include narrative descriptions
of the building facade materials; roof materials; window dimensions,
materials, and details; height and slope of all roof lines; location
of HVAC equipment, generators, coolers, and other utility appurtenances;
and balconies, exterior stairs, steeples, chimneys, porches, porticos,
or other building extensions. While not required, the applicant is
encouraged, where practicable, to submit samples or swatches of facade
materials and colors.
(2)
The purpose of the review conducted pursuant to this section is to
assist the Planning Board to review the proposed design of buildings
and its relationship to overall site layout. It is not the intent
of this section to prescribe or proscribe use of materials or methods
of construction regulated by the State Building Code, but rather to
enhance the appearance of buildings and structures within the C District.
A further purpose of design review is to help meet the objectives
of the Commercial C District, including:
(a)
Use of creative building placement and site design that promotes
pedestrian activity, bicycle use, and minimizes new driveway curb
cuts, sharing vehicular access, wherever possible.
(b)
Promotion of articulated buildings that avoid excessive massing
and unbroken facade treatments.
(c)
Use of a variety of building heights and roofline articulation
(as opposed to flat commercial roofs).
(d)
Use of building style and materials compatible with the local
vernacular and built form of Harvard, and avoidance of generic designs.
(e)
Subordination of parking, on-site utilities, heating, ventilation
and air conditioning equipment (HVAC), utility lines, and solid waste
dumpsters to building form.
(f)
Use of pedestrian-scale lighting and signage.
(3)
To accomplish the purposes of this section, the Planning Board may
adopt design guidelines for applicants submitting applications requiring
design review and/or approval.
G.
Landscape plan. A landscape plan, prepared at the same scale as the
site plan by a landscape architect, shall be included with the site
plan submission, reflecting existing, natural features to be preserved
and proposed landscape features and details. Areas intended to provide
screening or buffering of the proposed development from abutting property
shall be included in the landscape plan.
[Added 3-27-2004 ATM by Art. 38]
[Amended 4-13-1968 ATM by Art. 37; 3-22-1969 ATM by Art. 40; 3-7-1970 ATM by Art. 46; 3-6-1971 ATM by Arts. 33 and 34; 3-4-1972 ATM by Art. 47; 3-3-1973 ATM by Arts. 36 and 37; 3-30-1974 ATM by Art.
36; 11-12-1974 STM by Art. 6; 3-27-1976 ATM by Art. 29; 3-26-1977 ATM by Art. 29; 3-25-1978 ATM by Art. 23]
Except as otherwise specifically provided in this Bylaw, a site for any business use, use subject to special permit (see § 125-46, Special permits), use subject to site plan approval, or other use as may be indicated in this Bylaw shall be developed in accordance with the following site standards and § 125-38, Site plans:
A.
Parking and loading.
(1)
All turnaround, parking, loading, and other traffic areas may be
shared between lots, to provide alternative parking configurations
and minimize the creation of impervious areas.
[Amended 4-2-2005 ATM by Art. 35]
(2)
Any driveway for traffic access to and from the street shall be designed
and maintained for safe, rapid access. Except for driveways that serve
primarily residential uses of the type permitted in the AR District,
such driveways shall not be used as normal walkways to and from parking
areas or as normal loading areas or associated maneuvering space.
For a corner lot the side line of an access driveway shall be at least
100 feet from the side line of the intersecting street.
[Amended 3-31-1984 ATM by Art. 28; 4-2-2005 ATM by Art. 35]
(3)
Parking areas shall be subdivided so that such areas shall extend
no more than 160 feet along a parking access aisle or other driveway
without a green area of width at least 20 feet. Alternatively, such
extent shall be no more than 80 feet without a green area of width
at least 10 feet.
[Amended 4-2-2005 ATM by Art. 35]
(a)
To help further to provide safe parking areas, automobile parking
area design shall be based on:
(4)
Loading docks and outdoor areas for storage or for overnight parking
of trucks or other equipment shall be at the side or rear of any main
building.
(5)
Where, however, delivery vehicles will use parking areas, access
driveways, turnarounds, and access ramps to loading docks, such facilities
shall be designed to accommodate a truck which is eight feet wide
with two-foot clearance. Access to streets shall be such that a vehicle
with an outer turning radius of 45 feet can make right-hand turns
into, and out of, the roadway without encroaching on lanes intended
for street traffic moving in the opposite direction.
[Added 3-27-1982 ATM by Art. 40]
B.
Standards for driveways. The intent is to make available site standards for driveways which are appropriate to the intensity of actual use. For a driveway which serves only one- or two-family residences the use of this site standard is required only if it is specifically so stated in § 125-31, Driveways, of this bylaw.
[Amended 3-27-1982 ATM by Art. 40; 3-31-1984 ATM by Art. 28; 3-29-2003 ATM by Art. 37; 3-22-2006 ATM by Art. 18; 3-31-2001 ATM by Art. 29; 3-22-2006 ATM
by Art. 18; 3-21-2007 ATM by Art. 21; 5-2-2009 ATM by Art. 35; 4-1-2014
ATM by Art. 43]
(1)
Driveway locations shall meet the line of sight criteria based on
the American Association of State Highway and Transportation Officials
(AASHTO) Policy on Geometric Design of Highways and Streets (see Table
1 below) or, where driveways are located on very-low-volume local
roads (average daily traffic volume of 400 vehicles per day or less),
locations shall meet the guidelines of local roads (average daily
traffic less than or equal to 400). Exceptions to these guidelines
may be considered by the Planning Board where it can be shown that
less restrictive criteria would not impact safety or that more restrictive
criteria would be required for safety.
|
Table 1
| ||
|
Driveway Sight Distance
| ||
|
Design Speed
(mph)
|
Stopping Sight Distance
(feet)
| |
|
25
|
155
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
305
| |
|
45
|
360
| |
|
50
|
425
| |
|
Source: based on guidelines established in A Policy on the Geometric
Design of Highways and Streets, American Association of State Highway
and Transportation Officials [AASHTO], 2004.
|
(2)
Residential driveways. Each dwelling is entitled to two driveways, one of which may be a U-shaped driveway. The Planning Board may permit an additional driveway for lots with more than 400 feet of frontage. Driveways shall not encroach on the buffer strip [see § 125-39C(1)] except to intersect with the street, and to reach said intersection directly from within the interior of the lot.
(3)
Lane width. Driveways installed to serve residential uses of the
type permitted in the AR District (but not more than four dwelling
units) may be constructed with a single lane, provided that it widens
to at least a twenty-five-foot length of dual lane every 300 feet
along its length, with one such dual lane section at the street and
its intersection with another driveway. Driveways for residential
uses shall comply with the standards in Tables 1 and 2.
(4)
Radius of curvature. The minimum center-line radius of curvature
of a driveway may not be less than 40 feet. However, specific design
standards for intersections and turnarounds shall take precedence
over these general curvature requirements.
|
Table 2 Residential Driveway Standards
| |||||||
|---|---|---|---|---|---|---|---|
|
Use
|
Number of Lanes
|
Turnouts
|
Lane Width
|
Shoulder Width
|
Turnaround
|
Maximum Grade
| |
|
Driveway for single or two-family home and shared (common)
driveway for up to 4 lots or 4 dwelling units
|
1
|
1 every 300 feet,
width = 8 feet
length = 25 feet
|
12 feet
|
2 feet per side
|
Required for each branch of a common driveway
|
8%
| |
|
Driveway for more than 4 lots or 4 dwelling units
|
2
|
Not required
|
10 feet
|
2 feet per side
|
Required for each branch
|
8%
| |
(5)
Nonresidential driveway standards.
(a)
Driveways that serve commercial, industrial, or other non-residential
uses shall be limited to one entrance and one exit per street. One
combined entrance/exit is preferable to facilitate traffic movement;
the entrance/exit shall be separated by a traffic island. Where frontage
exceeds 400 feet, the Planning Board may approve an additional access.
[1]
Traffic islands shall contain bricks, stone, or ornamental pavers,
and islands may contain other design treatments such as landscaping,
fences or low stone walls reflective of Harvard's cultural landscape.
The islands shall not impede safe pedestrian crossing and shall meet
accessibility standards.
[2]
Applicants proposing developments that will generate 400 or
more trips per day (average daily traffic) based on the most recent
Trip Generation Manual of the Institute of Transportation Engineers
shall prepare a traffic impact study. A registered professional transportation
engineer shall prepare the study, which shall document:
[Amended 3-28-2015 ATM by Art. 45]
[a]
Total and peak hour trip generation;
[b]
Existing and proposed levels of service of the
roadway providing access to the site;
[c]
Projected conditions at the access points to the
development; and
[d]
Mitigation measures that could be taken to reduce
the impacts of the proposed project and their estimated cost. These
should include capacity enhancements such as added turn lanes, signalization,
and improvements to intersections and medians. The traffic study shall
make specific proposals for mitigation measures to be implemented
by the applicant; said mitigation measures shall be the financial
responsibility of the applicant. The potential for driveway connections
to neighboring lots must be explored. The study should take into account
those improvements that are planned and/or currently implemented by
the Town or the state.
(b)
The development shall preserve the buffer strip [see § 125-39C(1)] except for the width necessary to access the parking areas.
(c)
To reduce turning movements onto main thoroughfares, applicants
are encouraged to connect internal roadways with adjacent developments.
When adjacent lots have contiguous frontage, the Planning Board may
require such lots to share a single driveway, or that the lots be
accessed by an internal service road. Where such sharing cannot be
achieved in the short run, the means and location for future long
term inter-parcel connections may be required through right-of-way
reservation and/or dedication.
(d)
Where it is proposed to re-develop property, the Planning Board
will evaluate existing access and work with the applicant to re-design
curb cuts to improve safety and traffic flow. Where appropriate, the
Board may require a reconfiguration to the existing access or the
removal of unnecessary driveway openings in favor of fewer access
points with a greater level of traffic control.
(e)
The angle of intersection of the driveway center line with the
roadway center line is at least 60° and the transition from driveway
to roadway is flared so that vehicles, including an SU30, may make
the required turns without leaving the surface of either, or, if lanes
are marked, without leaving marked lanes.
[1]
For the purpose of designing flares, a passenger car has the turning radii of an American Association of State Highway Transportation Officials (AASHTO) passenger car, P20, and a "fire truck" or "moving van" [see § 125-29F(1)(f)] has the turning radii of an AASHO single-unit truck, SU30, with minimum turning radii as follows:
|
Vehicle
|
Inside Radius
(feet)
|
Outside Radius
(feet)
| |
|---|---|---|---|
|
Car
|
20
|
30
| |
|
Truck
|
30
|
45
|
[2]
The flare at an intersection of a branch of the driveway is
designed so that vehicles may make the required turn. If there is
no additional turnaround, the intersection must be constructed so
that it can serve as a turnaround for vehicles. Exception: If the
lot frontage and the roadway are too narrow to permit an AASHO SU
truck to make both turns in a single pass, the driveway layout shall
favor the turn from the direction of the fire station, by the most
likely route.
[3]
Plans showing special requirements for driveways connecting
with state-maintained ways are available at the district or state
offices of the Massachusetts Department of Public Works.
(6)
Construction. Driveways and parking areas shall be constructed
with crowns and drainage so as to be serviceable in all weather. There
shall be a permeable gravel base of which at least eight inches is
two feet or more above the level of saturation established by high
water table or by drainage. [The need to engineer for water table
within one foot of the surface should be anticipated on even apparently
high ground in soils described and shown in the 1970 Master Plan (Comprehensive
Plan of Development for Harvard) as "Paxton-Woodbridge Association,"
on account of perched water table.] There shall be in addition a surface
layer at least four inches thick of gravel or two inches thick if
bituminous paving; greater depths should be used if customary for
the purpose for which the driveway or parking lot is intended.
(a)
A driveway which serves as access to parking or garaging for
trucks shall be constructed to be at least two lanes wide for its
entire length, and shall meet the following materials and construction
standards, which materials and construction standards shall be shown
on the driveway design plans. (Also refer to the accompanying sketch
labeled "Typical Driveway Cross-Section" for visual reference.)
[1]
Ordinary borrow material shall be used as subbase material in
areas where fill is required to bring the site up to subgrade. The
ordinary borrow material shall meet the requirements of the Massachusetts
Highway Department's Standard Specifications for Highways and Bridges
(SSHB) Section 150, Embankment, and M1.01.0, Ordinary Borrow.
[2]
All organic and compressible subgrade materials shall be removed
prior to the placement of borrow material.
[3]
Gravel base material having a minimum depth of 12 inches shall
be placed on the subbase or existing subgrade. The gravel base material
shall meet the requirements of SSHB Section 405, Gravel Base Course,
and M1.03.0, Type b, Gravel Borrow.
[4]
The finish surface shall be a bituminous concrete pavement surface
(minimum two-inch compacted binder course and minimum one-and-one-half-inch
compacted finish course) meeting the requirements of SSHB Section
460, Class I Bituminous Concrete Pavement Type I-1, and M3.11.00,
Class I Bituminous Concrete.
[5]
All materials listed in Subsection B(6)(a)[1] through [4] shall be compacted as specified in SSHB.
[6]
Driveway construction standards shall be in accordance with
the Massachusetts Highway Department's Standard Specifications for
Highways and Bridges.
[7]
If such a driveway, which serves as access to parking or garaging
for trucks, is more than 150 feet long it shall be constructed as
a roadway serving the same intensity of use as specified in the Rules
and Regulations of the Harvard Planning Board Relative to Subdivision
Control as amended through March 26, 2001; this sentence applies to
new driveway construction or extension undertaken after March 26,
2001.
(b)
The construction of a shared driveway which is over 150 feet
long and which includes grades of 7% or more shall include paving
from the road to the height or trough of the land so as to include
said grade and the means for disposing of runoff from it in the paved
section. This provision applies to new construction or extension of
driveway undertaken after March 31, 1984.
(c)
Except as otherwise provided, driveways regulated under this
subsection shall meet the following materials and construction standards,
which materials and construction standards shall be shown on the driveway
design plans. (Also refer to the accompanying sketch labeled "Typical
Driveway Cross-Section" for visual reference.)
[1]
Ordinary borrow material shall be used as subbase material in
areas where fill is required to bring the site up to subgrade. The
ordinary borrow material shall meet the requirements of the Massachusetts
Highway Department's Standard Specifications for Highways and Bridges
(SSHB) Section 150, Embankment, and M1.01.0, Ordinary Borrow.
[2]
All organic and compressible subgrade materials shall be removed
prior to the placement of borrow material.
[3]
Gravel base material having a minimum depth of 12 inches shall
be placed on the subbase or existing subgrade. The gravel base material
shall meet the requirements of SSHB Section 405, Gravel Base Course,
and M1.03.0, Type b, Gravel Borrow.
[4]
The finish surface shall be one of the following, however, in
any particular situation the use of a paving material other than bituminous
concrete is subject to approval by the permitting or approving board:
[a]
A bituminous concrete pavement surface (minimum
two-inch compacted binder course and minimum one-and-one-half-inch
compacted finish course) meeting the requirements of SSHB Section
460, Class I Bituminous Concrete Pavement Type I-1, and M3.11.00,
Class I Bituminous Concrete; or
[b]
A minimum four-inch compacted depth of a dense
graded crushed stone material, e.g. "Star-Pac," so called, or equivalent
as determined by the Planning Board; or
[c]
A three-fourths-inch to one-and-one-half-inch sized
crushed stone material to a minimum four-inch compacted depth.
[5]
All materials listed in Subsection B(6)(c)[1] through [4] shall be compacted as specified in SSHB.
[6]
Driveway construction standards shall be in accordance with
the Massachusetts Highway Department's Standard Specification for
Highways and Bridges.
(7)
Turnarounds. The inside radius of curvature for the surface
of a circular driveway or turnaround for use by cars only shall not
be less than 20 feet; if for use by trucks as well as cars, 30 feet.
(8)
Runout. Except at intersections of its various parts, and
at the street, a change in driveway width shall not be more abrupt
than one foot in width for each eight feet of length.
.tif.png) |
C.
Open areas.
[Amended 3-31-1984 ATM by Art. 28]
(1)
A buffer strip around the lot perimeter, of width at least 10% of standard lot width or of actual (maximum) lot width, whichever is lesser, shall be left as green area, except to allow for shared parking areas pursuant to § 125-39A(1).
[Amended 4-2-2005 ATM by Art. 35]
(a)
Where the access to a lot is too narrow to accommodate the width
of the buffer strips along the side lines, said access may be used
only for access (including access for utilities), drainage, green
area, and a sign near the road.
(b)
Where lawful preexisting site development without said buffer
strip has provided a parking or other traffic area between a building
and the street, then along said area the buffer strip width may be
reduced to not less than five feet to preserve a traffic area depth
of up to 75 feet.
(2)
All lots developed under the provisions of the commercial uses sections (§§ 125-12, 125-13, and 125-14) shall provide a green area consisting of at least 50% of total lot area. Further, all required setbacks shall be landscaped, planted as green space, or, where feasible, retained in a natural vegetative state.
[Added 4-5-1986 ATM by Art. 39; amended 3-28-1987 ATM by Art. 67; 4-5-2016 ATM by Art. 53]
D.
Screening.
(1)
Any lighting shall be arranged to deflect light away from neighboring properties and streets (see § 125-40, Lighting).
(2)
Any outdoor area for storage or for utilities shall be screened from
view from neighboring properties and streets.
(3)
Any business use shall be screened from view from any neighboring
residence in a residential (AR or MR) District, church, school, park,
or playground or other public grounds. However, such screening is
not required:
(4)
Where equivalent screening is not already existing, screening shall
be by substantially sight-impervious, dense, hardy evergreen plantings
or by suitable earthworks, wall, or tight fence, complemented by evergreen
plantings. Screening shall be maintained and replaced as needed. Said
evergreen plantings may be of less than full height and density initially
provided plantings are of suitable character, spacing, and size to
give full screening to at least eight feet in height within seven
years of site plan approval.
(5)
Preferred plantings are Eastern White Pine, Austrian Pine, Canada
Hemlock, or Douglas Fir, double row, staggered, four feet or more
in initial height, and spaced eight feet or less within each row.
Alternates are Spruce (Norway, Black Hills, or Serbian) where limited
spread is needed, American Arbor Vitae where soil is wet, and Eastern
Red Cedar where soil is dry, all with closer spacing, and a single
row of double density where space does not permit a double row. Other
plantings may be approved with the advice of a registered landscape
architect.
E.
Fire protection. Where the site abuts an area in a W
District or an adjacent municipality, development shall provide water
supply for fire protection, with suitable access, except where a water
hole, pond, hydrant, or other suitable supply already exists within
1,000 feet of each building on the site within the Town of Harvard.
[Amended 10-28-2019 STM
by Art. 19]
F.
Drainage. Any and all surface water runoff resulting
from the development shall be retained within the lot in which it
originates or shall be discharged into existing identifiable watercourses
without material impact on abutting properties. Additionally, Massachusetts
Department of Environmental Protection (DE P) Stormwater Best Management
Practices and other measures to minimize surface water runoff and
improve water quality must be implemented and reflected in documents
submitted for site plan approval.
[Added 3-30-1996 ATM by Art. 28; amended 3-27-2004 ATM by Art. 36]
G.
Sidewalks.
[Added 10-24-2016 STM
by Art. 4]
(1)
Uses subject to site standards in the Commercial District shall provide
curbs and sidewalks at least six feet in width along all sides of
the lot which abut a public street. Sidewalks shall be constructed
of cement concrete unless an alternative surface is approved by the
Planning Board. Sidewalks shall connect to existing sidewalks on adjacent
property, if possible, to create a continuous path network. Sidewalks
shall be separated from the edge of the road by a buffer strip at
least four feet in width.
(2)
Internal pedestrian walkways at least six feet in width shall be
provided from the public sidewalk or right-of-way to the principal
customer entrance of all principal buildings on the site. Such walkways
shall be constructed with brick, decorative pavers, or other materials,
and may be bordered with shrubbery to clearly separate pedestrians
from automobile traffic. Car stops shall be provided to prevent parked
cars from damaging trees and shrubs or disrupting pedestrian walkways.
(3)
Sidewalks and walkways shall conform to requirements of the Massachusetts
Architectural Access Board (MAAB) and ADA regulations, whichever is
the more stringent.
(4)
The Board may waive the above requirements if the configuration of
the site is such that public safety concerns and pedestrian circulation
needs are better met in a proposed alternative manner.
[Added 3-27-1976 ATM by Art. 28; amended 3-26-1983 ATM by Art. 27; 4-5-1997 ATM by Art. 43; 3-29-2008 ATM by Art.
26]
A.
It is the purpose and intent of this section to reduce light pollution,
light trespass, unnecessary sky glow and other glare in order to preserve
and enhance the natural, scenic and aesthetic character and historical
environment, and to preserve the night sky as a natural resource to
enhance nighttime enjoyment of property within the Town of Harvard.
Any outdoor lighting fixture shall be shielded from above in such
a manner that:
C.
Residential lighting, customary holiday lighting, and lamps of low
luminosity and low intensity serving primarily as markers or as low-level
illumination for entrances and exits or similar use need not be shielded.
Requirements for shielding, filtering, and type of light need not
be met for emergency lighting required by a public agency in the performance
of its duties.
D.
Outdoor lighting shall not be illuminated between 11:00 p.m. and
6:00 a.m. with the following exceptions:
(1)
If the use is being operated, such as a business open to customers,
or where employees are working or where an institution or place of
public assembly is conducting activity, normal illumination shall
be allowed during the activity and for not more than 1/2 hour after
the activity ceases.
(2)
Low-level lighting sufficient for the security of persons or property
on the lot may be in operation between 11:00 p.m. and 6:00 a.m., provided
the average illumination on the ground or on any vertical surface
is not greater than 0.5 footcandles.
(3)
Municipal streetlighting, lights that control traffic or other lighting
for public safety on Town street and ways.
(4)
Residential lighting and temporary decorative lighting such as holiday
lighting.
E.
For the purpose of these provisions, light source includes any refractor
or globe.
[Added 3-4-1967 ATM by Art. 21; amended 3-3-1973 ATM by Art. 35; 3-25-1978 ATM by Art. 23; 12-3-2002 STM by Art.
19; 5-1-2010 ATM by Art. 4; 4-28-2012 ATM by Art. 43]
A.
It is the intent to regulate and restrict signs to:
(1)
Avoid signs which, individually or collectively, are confusing, distracting,
or impair visibility in areas along ways or other public traffic areas;
(2)
Protect areas of residential or agricultural character (AR, MR, and
W Districts) from business signs;
(3)
Protect public ways, parks, and reservations, and areas in view therefrom,
from business signs;
(4)
Encourage inclusion of signs as wall signs on buildings rather than
individual standing signs;
(5)
Encourage combination of signs rather than proliferation of individual
smaller signs;
(6)
Limit the number of signs to those which are accessory or have special
public usefulness not generally characteristic of off-site signs;
(7)
Limit the number and size of signs to that necessary for the purpose
thereof, and otherwise limit the confusing, distracting, and obnoxious
aspects of signs.
B.
The following regulations shall apply to all signs:
(1)
Indoor or outdoor signs which are visible from public and private
ways shall not flash, rotate, be animated, be motorized or move or
be designed to move by any means, in whole or in part, except for
portions indicating time or temperature only. Further, signs that
contain or consist of pennants, ribbons, streamers, spinners or other
moving devices, strings of lights or similar devices or which emit
any noises or loud sounds, or are inflatable are prohibited.
(2)
Outdoor signs may only be illuminated only by steady white light
shielded and directed downward solely at the sign, and shall be adequately
maintained. No messages or graphics on permanent signs shall be formed
by lights of any kind, with the exception of time and temperature.
Backlit or internally illuminated signs are prohibited.
(4)
Signs attached to the exterior of a building shall not extend beyond
said wall. A wall includes its doors and windows.
(5)
An outdoor sign not attached to a building is a standing sign. No
standing sign shall exceed 15 feet in height measured from the ground
to the top of the sign or the supporting structure, whichever is taller.
The area of one side of a double-faced sign shall be used to compute
the area.
(6)
The area of a sign shall be considered to include all lettering,
wording and accompanying designs and symbols, together with the background
on which they are displayed, any frame around the sign and any cutouts
or extensions, but shall not include any supporting structure or bracing.
The supporting structure shall be comprised of the structural support
for the sign plus any decorative or design elements associated with
the structure, such as stone pylons or pillars.
(7)
Signs mounted on trucks or trailers or trailer chassis with or without
wheels whose primary functions is as a sign and not for the transport
of goods or merchandise are prohibited.
(8)
Roof-mounted signs are prohibited.
C.
On-site signs:
(1)
The following regulations shall apply to properties in business use
within the C District:
(a)
A business in a C District may have one wall sign on each wall
plus an additional sign at each building entrance when needed to indicate
a separate department or operation or to provide a directory of occupants.
The total aggregate area of such signs on any building wall shall
not exceed 1/15 the area of the wall.
(b)
A lot in business use in a C District may have one standing
sign located on the lot not exceeding 20 square feet in area.
(c)
A business in a C District may have window signs, visible from
the window's exterior side, either hung or otherwise attached directly
to the inside of a window, or painted or etched on either side of
the window pane or glass, not including any customary window display
or merchandise or other product, provided that the aggregate display
area covers no more than 20% of the gross area of the window, not
to exceed six square feet.
(d)
Within a site which contains two or more businesses, either
located on the same lot or two or more lots connected by interior
driveways or within an Ayer Road Village Special Permit development,
the following additional regulations shall apply:
(3)
A property in business use as regulated above may have one sign,
not exceeding three square feet in area, along each street on which
the lot has frontage.
D.
Off-site signs in or over Town ways: The Select Board
may grant permits as provided in M.G.L. Chapter 85, Section 8, for
off-site signs in or over Town ways, in accordance with the intent
of this Bylaw.
[Amended 10-22-2018 STM by Art.
2]
E.
Temporary signs are permitted as follows:
(1)
Number and duration: One temporary standing sign or
sandwich board sign may be displayed on a lot. A temporary sign may
not be displayed more than 90 days before an event and shall be removed
within five business days of the event.
(2)
Size: A temporary sign (i.e. contractor's sign or a
sign advertising the sale or rental of a premises) shall not exceed
six square feet in area. For-sale signs for individual lots may be
replaced by a single sign for a group of neighboring lots; such sign
shall not exceed three square feet/lot up to a maximum of 20 square
feet in area.
F.
The Planning Board may approve, approve with conditions, or disapprove
the following signs and the following deviations from the requirements
of this section:
(1)
A greater number of standing signs than permitted, but not more than
one sign in addition to the number of signs otherwise permitted per
lot.
(2)
Signs with dimensions in excess of those permitted, subject to the
following limitations:
(a)
No standing sign larger than 40 square feet in area or more
than 20 feet in height; and
(b)
No roof signs shall be permitted.
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The Board may approve the special permit if it finds that such
signs will conform to the purpose and intent of this section, the
sign(s) are appropriate for the location, the size of the property/premises,
the building(s) thereon, and the neighborhood setting, and the signs
will be informative, legible and designed to improve the quality of
the streetscape. In no event shall the issuance of a special permit
be construed as precedent with respect to the issuance of similar
special permits in the future, as each application and site is unique.
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