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Town of Dartmouth, MA
Bristol County
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Table of Contents
Table of Contents
[Amended 6-7-2016 ATM by Art. 17, approved 7-21-2016]
A. 
Purpose. The purpose of Site Plan Review is to ensure that developments meet certain acceptable design standards in an efficient attractive manner in the Town of Dartmouth, and to provide for the safe, orderly and harmonious integration of projects into the community. More particularly, Site Plan Review is intended to address the following goals:
(1) 
Reduce congestion in the streets and contribute to traffic safety by assuring adequate space for parking of motor vehicles off the street;
(2) 
All structures be provided with sufficient off-street parking spaces to meet the needs of persons employed at or making use of such structures;
(3) 
Pedestrian ways and access driveways are properly designed and operated for public convenience and safety;
(4) 
Public or private ways are properly designed and constructed to serve the intended use and to provide an adequate level of service;
(5) 
Ensure that any use of land involving the arrival, departure, or storage of motor vehicles on such land be so designed as to reduce hazards to pedestrians and abutters caused by the noise, fumes, and headlight glare of automobiles parking off the street;
(6) 
Provide necessary off-street loading space for all structures requiring the large-volume delivery of goods;
(7) 
The location of buildings, uses and other site development are properly located on a site;
(8) 
Significant natural features on a site are preserved as much as possible;
(9) 
Provide adequate landscaping to integrate developments into existing neighborhoods;
(10) 
Ensure lighting levels provide for safe vehicular and pedestrian movements and do not cause a nuisance for abutters;
(11) 
Buildings are designed to promote their social and economic viability in order to preserve property values and to promote the aesthetic values of the town;
(12) 
Adequate drainage and methods of solid waste disposal are provided on site.
B. 
Definitions. The following definitions shall apply to Site Plan Review:
CHANGE IN USE
A change in use means a change in part or all of any existing structure from one use category or purpose to another use category or purpose; except that in a mixed or multi-use facility, change in use shall not be construed as an exchange or rearrangement of principal use categories or components, such that the net change in floor area, occupants, employees, or in any of the other factors in the Table of Off-Street Parking, § 375-24.3A, does not result in an increase of more than 15% in the number of required parking spaces.
SUBSTANTIAL ALTERATION
A substantial alteration means demolition, alteration or improvement of a structure or group of structures under one ownership on the same lot or contiguous lots which results in an alteration of 50% of existing gross floor area or 5,000 square feet, whichever is the lesser amount, or an increase in gross floor area in excess of either 10% of existing gross floor area or 5,000 square feet, whichever is the lesser amount, or which alters the pattern of pedestrian/vehicular interaction. The calculation of substantial alteration shall be determined by the Building Commissioner based on the aggregate of all extensions or enlargements undertaken within a consecutive three-year term.
C. 
Applicability.
(1) 
Zoning districts and uses. The requirements of Article 24 shall apply to projects in the following zoning districts and uses:
(a) 
Non-residential uses in non-residential zoning districts and any non-conforming uses in any zoning district requiring five or more stalls under § 375-24.3A of this Bylaw.
(b) 
All non-residential uses in any residential zoning district requiring 10 or more stalls under § 375-24.3A of this Bylaw including exempt uses defined under Massachusetts General Laws, Chapter 40A, Section 3.
(2) 
Projects requiring site plan review. The requirements of Article 24 shall apply to the following types of projects for the zoning districts and uses defined above irrespective of whether a building permit is required for the project:
(a) 
Construction of a new structure;
(b) 
A change in use;
(c) 
Substantial alteration of an existing structure;
(d) 
An increase in the seating capacity;
(e) 
A site that had contained a use discontinued for two or more years;
(f) 
A site that will contain at least 1,250 square feet of pavement in a commercial district or at least 2,500 square feet of pavement in a residential district;
(g) 
A change in the building or parking facility which alters the pattern of pedestrian/vehicular interaction;
(h) 
Construction, reconstruction, alteration or enlargement of a parking facility unless the parking facility is specifically exempted in the Zoning Bylaw from the requirements of Article 24.
(3) 
Zoning district standards. The standards within the zoning district in which the proposed site lies shall supersede any standards within this article.
D. 
Building permits and occupancy permits. A building permit shall not be issued unless a site plan has been approved by the Planning Board, and if one is required, an occupancy permit shall not be granted by the Building Commissioner until the parking facility has been built in compliance with the approved site plan, unless the completion of such facility is delayed by seasonal considerations.
E. 
Exemptions.
(1) 
Repaving of a parking facility. Repaving of a parking facility shall be exempt from Article 24 if there is no expansion of the area paved and the surface elevation of the repaved area is within three inches of the elevation of the old paved surface. The owner shall have the right to remove part or the entire old paving surface of a parking facility as part of the repaving but striping of the original parking spaces must be restored.
(2) 
Non-conforming uses. The regulations of this article shall not apply to parking or loading facilities in existence or for which building permits have been issued before the first publication of notice of the Public Hearing of this article of the Zoning Bylaw, provided such facilities conformed with all applicable regulations in effect when established and provided the use of the structure served by the parking facility does not change.
F. 
Conformance with use regulations.
(1) 
Means of access. Access through a residential zoning district to a non-residential zoning district shall be prohibited except by a public way.
(2) 
Parking facility. An off-street parking or loading facility shall not be located in a zoning district such that it is accessory to a use or structure not allowed in the district in which such parking facility would be located.
(3) 
Fees and charges. The appropriate Town boards or offices having jurisdiction under this article of the Zoning Bylaw shall establish and may periodically amend a schedule of fees for all permits, plans, applications, petitions, and appeals pertaining to the proper administration and enforcement of Article 24. No permits shall be issued or any action taken until required fees and charges shall be paid.
G. 
Temporary uses or structures. Notwithstanding any provision of the Zoning Bylaw to the contrary, except that the use is allowed in the underlying district, a permit may be issued for temporary uses or structures without an approved off-street site plan subject to the following requirements:
(1) 
The use or structure will not occupy a premises for more than 21 days during each calendar year and all days or any fraction thereof shall be limited to a consecutive two-week period, including time for installation and removal; except that uses or structures serving functions sponsored by charitable, non-profit agencies or organizations may be allowed on premises for more days and at different times throughout the year, but no sooner than 14 days after the last permitted function. For the purposes of this subsection, a premises is defined as a lot or group of contiguous lots under common ownership or control.
(2) 
Before issuing a temporary permit, the Zoning Enforcement Officer shall determine that the temporary use(s) will not unduly contribute to traffic problems to adjacent streets or within the parking facility, or be a detriment to public safety. Temporary uses are also allowed within existing parking facilities if the above criteria are met.
(3) 
In reaching said determination, the Zoning Enforcement Officer shall request recommendations on whether to allow said temporary uses/structures from the Planning Director, Safety Officer, and District Fire Chief, or their designated representative. Written recommendations shall be made to the Zoning Enforcement Officer within seven days of receiving a written request with supporting documentation from the Zoning Enforcement Officer.
A. 
Application. The applicant shall submit one copy of the application and accompanying plans to the Planning Department, who shall deem it complete with the required items for a completed application and then forthwith transmit copies of such plan to the Building Commissioner, and other appropriate municipal or local agencies, as determined by the Planning Board, for their review and written report with recommendations within 30 days. Said Board shall not render a decision on the application until 30 days has passed from the date the application was deemed complete. The Planning Board shall act on an application within 50 days from the date the application was deemed complete, except as may be agreed upon at the written request of the applicant.
B. 
Decisions. A concurring vote of a majority of the current sitting members of the Planning Board is required for Site Plan Approval.
C. 
Preliminary plan. A preliminary Site Plan may, at the option of the applicant, be submitted to the Planning Board for purposes of informal review, discussion and providing guidance to the applicant. Submission of a preliminary plan is allowed in order to promote better communication, avoid misunderstandings and to provide a firm basis for and minimize the need for major changes in the final plan. The contents of such a preliminary plan need not be as detailed nor as formalized as required in the final Site Plan, nor need it necessarily be prepared by an engineer. However, it would be mutually beneficial to include as much information as possible and to prepare the preliminary plan in as professional a manner as possible: the more complete and clear the preliminary plan, the more direction can be given to the applicant by the Planning Board.
D. 
Contents of final site plan. The final Site Plan shall be prepared by a Registered Professional Engineer, Registered Landscape Architect, and/or Registered Architect, and shall contain at least the following:
(1) 
Topography of the property, including contours at two-foot intervals and with spot grades at appropriate spacing and at changes in topography.
(2) 
Boundaries of the entire parcel, including all frontages in linear feet on every street, and names of streets.
(3) 
Locations and dimensions of existing and proposed buildings and structures including ground coverage, gross floor area and breakdown of indoor and outdoor floor area as to existing and proposed use(s).
(4) 
Maximum seating capacity in terms of the design occupancy load as determined by the State Building Code, normal maximum number of persons employed on the premises at any one time, number of sleeping units, as applicable.
(5) 
Locations and dimensions, including total ground coverage, of all driveways, maneuvering spaces and aisles, parking stalls and loading facilities, and proposed circulation of traffic.
(6) 
Locations of pedestrian areas, walkways, all entrances into buildings whether for pedestrians, drive-in use or loading, and provisions for handicapped parking.
(7) 
Location and type of materials for surface paving and curbing, with the size and thickness noted.
(8) 
Location of all landscaping, including existing or proposed trees, shrubs, grass, mulched areas, etc.; size and type of plant materials shall be noted on the plan. Also, a planting detail showing how trees and shrubs will be planted (size of planting hole, staking, wiring, etc.).
(9) 
Provisions for storm water drainage affecting the site and adjacent parcels, and snow disposal areas. Drainage computations shall be provided, as required.
(10) 
Location of all outdoor lighting units; a note regarding the requirement of § 375-24.6; and a polar diagram showing the limits and intensity of artificially-lighted areas.
(11) 
Identification of each parcel by plat and lot number of Assessor's Maps, including owner(s).
(12) 
A locus at a scale of one inch equals 100 feet showing the boundaries of the parcel and all streets, intersections, driveways, median strips and openings, etc. within 200 feet of the boundary lines of the parcel.
(13) 
Any additional information reasonably required by the Planning Board to clarify the application and to ensure compliance with Article 24. The Planning Board may waive any of the above requirements.
(14) 
Final Site Plans providing at least 25 spaces shall contain a Landscaping Plan to be prepared by a Registered Landscape Architect.
(15) 
An Erosion and Sedimentation Plan shall be included.
E. 
Plan submission.
(1) 
A final Site Plan submission shall include the following:
(a) 
One full-sized print of the original final Site Plan.
(b) 
One 11 x 17 print of the original final Site Plan.
(c) 
Two digital copies of the original final Site Plan (submit both CAD and PDF format).
(d) 
One copy of the Final Site Plan Review application form.
(e) 
A filing fee as established by the Planning Board.
(2) 
Submission shall be by delivery to the Office of the Planning Board.
(3) 
An application is not deemed submitted if it does not comply with the requirements of Article 24.
(4) 
Upon determination of the Planning staff that the application is in compliance with the requirements of Article 24, the Planning staff shall stamp it received.
A. 
Parking spaces required.
[Amended 10-17-2017 ATM by Art. 20, approved 1-29-2018]
(1) 
For multiple uses (see Table of Off-Street Parking) in a building, total parking requirements shall be computed by the breakdown of each use in the building.
(2) 
There additionally shall always be a parking space allocated on a property for every employee, except as otherwise expressly noted in the Table of Off-Street Parking. The number of employees shall be determined by the largest shift at any one time. Fractional numbers shall be rounded up.
(3) 
The following minimum parking spaces are required in addition to employee parking spaces: (See Table of Off-Street Parking)
Table of Off-Street Parking
Use
Standard
(# of parking spaces)
Bank
1 per 200 sq ft of gfa
Barber Shop/Hair Salon or other Personal Care (i.e. massage/tattoos)
3 per operator's station
Boat Sales and Repair
1 per 400 sq ft of gfa
Car Wash
2 at entrance to each bay
Commercial Recreation
1 per 3 occupants
Daycare (adult or child)
1 per 300 sq ft of gfa
Educational (students do not drive)
1 per 400 sq ft gfa
Educational (students drive)
1 per 300 sq ft gfa
Farm stands, plant nurseries, greenhouses
1 per 250 sq. ft. of retail floor/display area but none required if less than 100 sq. ft.
Fast Order Food Establishment, including Drive-in Food Service Establishment
1 per 2 occupants
Plus 1 per 2 (employees)
Funeral Home
1 per 100 sq ft gfa
Health Clubs
1 per 200 sq ft gfa
House of Worship
1 per 3 seats
Kennel
1 per 500 sq ft gfa
Libraries/Museums
1 per 250 sq ft of gfa plus 1 per 2 employees
Manufacturing
0
Motel, Hotel
1 per unit
Motor Vehicle (general and body repair)
1 per 150 sq ft of gfa
Motor Vehicle Sales
1 per 150 sq ft of gfa
Office (medical)
1 per 250 sq ft of gfa
Office (non-medical)
1 per 250 sq ft of gfa, or 1 per employee, whichever is greater
Restaurant
1 per 2 seats
Restaurant (with bar)
1 per 2 seats, plus 1 for every bar seat
Retail above 10,000 sq ft (sales and service)
Minimum - 1 per 500 sq ft of gfa
Maximum - 1 per 250 sq ft of gfa
Retail 10,000 sq ft and below (sales and service)
1 per 250 sq ft of gfa*
Retail Food (supermarket)
1 per 250 sq ft of gfa
Retail Food (convenience)1
1 per 200 sq ft of gfa.
Retail (outdoor sales area)2
1 per 250 sq ft
Self Storage3
1 per 10,000 sq ft gfa
Theater, Place of Assembly, Social Clubs
1 per 5 seats
Warehousing
0
*gfa = gross floor area, which is the sum of the area of all stories of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including any floor area below grade when used for office, business, storage or other purposes, but excluding any area used exclusively for heating, air conditioning or other mechanical equipment, and excluding floor area intended or designed for accessory off-street parking.
1
Parking under canopies for gas stations/convenience stores shall count toward minimum parking spaces required.
2
Does not include outdoor auto storage.
3
Self-storage shall always provide a minimum of three parking spaces.
B. 
Special permit/reduction in required number of parking spaces.
(1) 
A Special Permit may be issued by the Planning Board to reduce the number of parking spaces required, by up to 1/2. The applicant shall demonstrate through the submission of an approved site plan that the full number of parking spaces as required by the provisions of Article 24 can be accommodated on the site. Separate applications for the Special Permit and Site Plan Review are required.
(2) 
The Planning Board may reduce the required number of parking spaces if any one of the following requirements applies, and the area of unbuilt parking spaces normally required under Article 24 is maintained in a landscaped condition:
(a) 
The parking spaces could be built on-site but the proposed use is such that it can be demonstrated that the full number is not needed;
(b) 
The mix of uses is such that parking demand is at different times, which must be demonstrated;
(c) 
The reduction in spaces will minimize storm water runoff in an area experiencing flooding or water quality deterioration;
(d) 
The reduction in spaces will benefit the neighborhood by providing additional green space as a buffer to nearby homes and would reduce the impact of parking vehicles.
(3) 
In granting the Special Permit, the Planning Board shall find that at least one of the above requirements [Subsection B(2)(a) to (d)] applies and that the proposed reduction in parking spaces will not contribute to congestion in the neighborhood. The Planning Board may add conditions to protect the neighborhood and to ensure compliance with any of the above requirements for the Special Permit.
C. 
Location of facilities.
(1) 
Any required off-street parking facilities shall be on either:
(a) 
The same lot as the principal use that they are intended to serve;
(b) 
A lot that is contiguous to said principal use lot; provided, that any such contiguous lot may not be located across a way from the principal use lot; further provided, that any such contiguous lot either must be under the same ownership as the principal use lot, or must be subject to a recorded easement for the benefit of the principal use lot guaranteeing, or allowing guaranteed access to, such off-street parking facilities; further provided, that any subsequent separation in the ownership of the contiguous lot and the principal use lot, or any subsequent elimination of any such easement rights, shall be considered a zoning violation.
(2) 
Parking facility setbacks. Parking facilities shall meet the following minimum setbacks:
Minimum Setback from Street
Minimum Setback from Property Line*
Minimum Setback from Building
Parking facility <25
10
10
5
Parking facility 25-100
20
15
10
Parking facility >100
40
30
15
*
Not required if parking facility is located on adjacent lot in same ownership
(3) 
Drive-thru lanes are allowed to be setback one foot from the building within 50 feet of the drive thru window/display station.
(4) 
Parking facilities located in residential districts shall be setback at least 20 feet from all street and property lines unless a greater distance is required in Subsection C(2) above.
(5) 
Loading areas and bays shall be setback at least 100 feet from street and abutting residential uses.
D. 
Parking facility design standards.
(1) 
Parking facility dimensions.
Parking Angle
Minimum Stall Width
Minimum Stall Depth
Minimum Aisle Width
90°
10'
20'
24'
45°
10'
20'
15'
0° (parallel)
10'
25'
12'
(2) 
Access aisles or drives for one-way use shall be a minimum of 12 feet wide and for two-way use 24 feet wide.
(3) 
If oversized vehicles such as buses, trucks, or heavy equipment will be parking on-site, appropriate sized stalls shall be provided and designated as such.
(4) 
Handicapped parking spaces shall be provided, meeting the dimensions and requirements specified under 521 CMR.
(5) 
End stalls restricted on one or both sides by curbs, walls, fences, or other obstructions shall have a minimum width of 10 feet, maneuvering space at the aisle end of at least five feet in depth and nine feet in width.
(6) 
Stall depth may include no more than two feet of area beyond the curb at the front or rear of a stall and used for bumper overhang, provided such area is not located within any required setbacks for parking stalls as described in Subsection C and provided such area is not used to fulfill the landscaped open space requirements in § 375-24.4.
(7) 
Required parking facilities shall be designed so that each motor vehicle may proceed to and from its parking space without requiring the movement of any other vehicle unless the parking facility is under full-time attendant supervision. In no case shall stalls be so located as to require the backing or maneuvering on to the sidewalk or into a public or private way upon entering or leaving the stall.
E. 
Applicability for parking structures. Parking facilities provided in an enclosed structure shall be subject to the provisions of Article 24, except for § 375-24.4. Unenclosed parking facilities beneath a structure shall be subject to the provisions of this article, except for § 375-24.4, and such parking level shall be deemed to be a story when its ceiling is four feet six inches or more above the finished grade.
F. 
Construction.
(1) 
Parking areas shall be surfaced with durable material, such as but not limited to asphalt, concrete, brick, or stone block.
(2) 
Parking facilities less than 20 spaces are allowed a gravel or shell surface. When gravel or shell is allowed, a paved apron 20 feet back from the public right-of-way shall be required.
(3) 
Parking spaces shall be identified on the ground.
(4) 
Where paint is used for marking on hard surfaces, epoxy or thermo-plastic paint shall be used and maintained so the parking spaces can be identified.
(5) 
Durable curbing at least six inches high shall be provided at the edges of all parking facilities and around all islands including lots that use a gravel or shell surface.
(6) 
For parking facilities greater than 25 spaces all curbing in the parking facility shall be concrete or granite.
(7) 
Ramps meeting A.D.A. requirements shall be provided through curbing where sidewalks meet the street and structures.
(8) 
Guardrails shall be required where parking facilities abut bodies of water or detention basins, where grades are greater than 25% or drop-offs present a hazard to vehicles.
(9) 
Sidewalks along the frontage of properties shall be concrete. Sidewalks interior to a property shall be concrete, brick, or stone pavers.
(10) 
Crosswalks shall be defined with contrasting color or materials.
G. 
Maintenance of parking facilities.
(1) 
No required parking facility shall be used for servicing, repair, storage, or display of merchandise or vehicles for sale or rental or for any other purpose that interferes with its availability for required parking.
(2) 
Parking facilities and required screens and landscaping shall be continuously maintained in good condition and appearance. Whenever necessary, surfacing, lighting, barriers, markings and planting materials shall be repaired or replaced with new materials to insure continued compliance with the provisions of Article 24. Failure to maintain the same shall be considered a violation of this Zoning Bylaw and shall be subject to the procedures contained in Article 34 herein.
H. 
Vehicular circulation.
(1) 
Provisions for future vehicular connections to property lines of adjacent properties shall be provided if such connections will reduce congestion in adjacent streets now or in the future; or provide convenience to the public, and the Planning Board determines it is practical to provide such a connection.
(2) 
Design techniques to reduce vehicular speeds within the parking facility shall be employed, such as speed tables or curving roads.
(3) 
Where appropriate, separate turning lanes shall be provided at intersections to minimize queuing.
(4) 
Motor vehicles shall be able to proceed to and from their parking spaces without requiring the movement of any other vehicle.
(5) 
Parking spaces shall not be laid out so that vehicles have to back into a street or sidewalk upon entering or leaving the stall.
(6) 
Parking shall not occur on land designated as a vehicular right-of-way.
I. 
Pedestrian/bicycle circulation.
(1) 
Pedestrian/Bicycle circulation shall be provided which:
(a) 
Links parking areas to buildings;
(b) 
Provides access between multiple buildings on a site;
(c) 
Provides access between buildings and the street;
(d) 
Provides access along the property frontage;
(e) 
Provides access to abutting properties;
(f) 
Provides access to open space;
(g) 
Provides safe access for the public and employees.
(2) 
Pedestrian access shall be provided, which is direct or practical for pedestrians to use and ADA compliant.
(3) 
All sidewalks shall be at least five feet wide and on all frontages of the subject parcel(s), except on paper streets. Existing sidewalks shall be upgraded if necessary.
(4) 
Sidewalks adjacent to streets or access aisles shall be setback from the street pavement or street surface or access aisle a minimum of five feet by a landscaped buffer (grass or plantings). Where pre-existing conditions such as inadequate right-of-way width exist, the setback shall be reduced to three feet from edge of pavement.
(5) 
Crosswalks shall be provided where sidewalks cross streets or drives.
(6) 
Minimum five-foot wide walk through zones shall be provided through parking spaces adjacent to buildings and opposite all doorways accessible to patrons into a building. These walk through zones shall also be provided through rows of parking spaces where the rows are parallel to the building entrance.
(7) 
Site plans that show buildings with greater than 2,000 sf gross floor area shall provide outdoor seating areas for pedestrians, which must comply with ADA standards. Seating for at least four people shall be provided. Businesses greater than 30,000 square feet shall provide at least eight seats, half of which shall be protected from the elements. Of those businesses, if more than one public entrance/exit exists; four seats shall be provided at each entrance/exit. If more than two exits exist, four seats at each public entrance/exit shall be provided.
(8) 
Accommodation for bicycle circulation shall be required. Appropriately sized/marked bike-lanes shall be provided throughout the parking facility and connect bicycle parking for the use to adjacent roadways.
J. 
Bicycle parking. Site plans that show buildings with greater than 2,000 sf gross floor area, or site plans for apartment buildings, convenience stores, banks, Town buildings, and recreation areas shall provide bicycle parking facilities in accordance with the following:
(1) 
Bicycle parking facilities shall be shown on the site plan as a place where at least two intact bicycles can be parked and securely attached.
(2) 
A bicycle rack shall mean a fixed-in-place stand, solidly anchored to the ground or other fixed object, which allows a bicycle to lean against it in an upright position with both wheels on a level surface. A bicycle shall make contact with the stand at two points along the length of the bicycle and shall allow one or both wheels to be locked to the stand by way of a cable, chain, U-lock, or shackle. Types of permissible bicycle racks include, but are not necessarily limited to, those commonly known as "Inverted U-Shape", and "Post-and-Ring" racks. Stands commonly known as "Wave Racks" do not meet the standards for bicycle racks.
(3) 
To provide adequate space to store and remove a standard bicycle, there shall be at least four feet clear horizontal distance from the center point from the bicycle rack in a direction perpendicular to the length of the bicycle, and at least five feet clear horizontal distance from the center point of the bicycle rack in each direction parallel to the length of the bicycle.
(4) 
Bicycle racks shall generally be arranged either in rows (where bicycles are parked side-by-side) or in alignment (where bicycles are parked end-to-end). Where bicycle racks are arranged in rows, they shall be spaced at least four feet apart on-center. Where bicycle racks are arranged in alignment, they shall be spaced at least 10 feet on-center.
(5) 
Distance between bicycle racks and objects nearby must be taken from the center of the rack to the object. (see figures 1 and 2)
375 Fig 1 Bicycle Racks Side by Side.tif
Figure 1: Bicycle racks aligned side by side
375 Fig 2 Bicycle Racks End by End.tif
Figure 2: Bicycle racks aligned end to end
(6) 
Bicycle racks aligned parallel to each other (side by side) must be at least 48 inches apart. Racks aligned end to end must be at least 120 inches apart.
(7) 
Bicycle racks placed perpendicular to a pedestrian aisle or sidewalk must be at least 60 inches from the edge of the aisle, and the aisle should be at least 60 inches wide.
(8) 
Bicycle racks placed parallel to a curb or wall must be at least 36 inches from the curb or wall. Racks placed perpendicular to a curb or wall must be at least 60 inches from the curb or wall.
(9) 
Bicycle parking facilities shall be located in full view, maximizing visibility near pedestrian traffic, windows, and/or well-lighted areas.
(10) 
Bicycle parking facilities shall not obstruct pedestrian traffic.
(11) 
Bicycle parking facilities shall be located far enough away from streets and auto areas so that bicycles will not be damaged by moving vehicles.
K. 
Drive-thru facilities.
(1) 
Drive-thru facilities shall provide within the site a minimum of 10 stacking spaces for donut shops, fast-food restaurants and banks and a minimum of four stacking spaces for pharmacies. If an order board and a transaction window are proposed, a minimum of four spaces between the two shall be provided. If more than one board and/or window are proposed, the stacking spaces may be divided between said boards and/or windows. A minimum of three stacking spaces to exit the facility shall also be provided.
(2) 
Each stacking space shall be a minimum of 20 feet in length and 10 feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments. A separate bypass lane shall be provided parallel to drive thru stacking lane(s) to allow vehicles to bypass stacked vehicles.
(3) 
Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.
(4) 
Entrances to stacking lane(s) shall be clearly marked and a minimum of 60 feet from the intersection with the public street. The distance shall be measured from the property line along the street to the beginning of the entrance.
(5) 
Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall:
(a) 
Separate drive-thru traffic from site circulation;
(b) 
Not impede or impair access into or out of parking spaces;
(c) 
Not impede or impair vehicle or pedestrian traffic movement;
(d) 
Minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two;
(e) 
Not interfere with required loading and trash storage areas.
(6) 
The intersection of stacking lanes and walk-in customer access shall be a minimum of 50 feet from any access connections and/or transaction windows. Said intersections shall be provided with a crosswalk. These crosswalks shall use enriched paving and striping and include warning signage aimed at both the pedestrian and vehicle.
(7) 
Any outdoor service facilities (including menu boards, speakers, etc.) shall be a minimum of 50 feet from the property line of residential uses.
(8) 
Any drive-up or drive-through speaker system shall emit no more than 50 decibels four feet between the vehicle and the speaker and shall not be audible beyond the property boundaries.
(9) 
Menu boards shall be a maximum of 30 square feet, with a maximum height of six feet and shall be shielded from any public street and residential properties by a planted evergreen buffer at least six feet in height.
L. 
Loading, storage, and disposal.
(1) 
Loading, outdoor storage (if applicable) and disposal areas shall be identified on the plan. All uses shall identify how loading access will be provided for oversized vehicles without interfering with traffic circulation.
(2) 
When loading areas are proposed the following minimum loading area dimensions are required:
Area of Building
Loading Area
10,000 - 49,999 square feet
12' x 25'
50,000 + square feet
12' x 60'
(3) 
Loading/storage areas shall not be visible from streets or abutting properties. Loading bays shall be enclosed in a structure if located within 50 feet of a residential zoning district, and if the use served by such bay(s) involves regular night operations such as a restaurant, bakery, hotel, or similar use.
(4) 
Outdoor display of merchandise for sale shall be limited to those areas designated on the plan. Such areas shall be identified by signage and markings on the ground and included in parking calculations, which shall be the same as indoor retail space.
(5) 
Storage areas for autos shall be designated on the plan and identified with markings on the ground. The number of storage vehicles allowed in the storage area shall be based on a nine-foot by eighteen-foot area per vehicle. Signs shall identify auto storage areas. Autos in storage areas can be parked head to head, but no deeper than three vehicles deep without designated access aisles.
(6) 
For car sale uses, auto carrier loading areas shall be provided and shown on the plan. These areas shall be identified with signage and ground markings. These areas shall not be allowed within public ROW's.
(7) 
If the business intends to have curbside customer pick-up, such an area shall be identified on the plan with signage and markings.
(8) 
An area for the dumpster(s) that does not interfere with the use of the parking facility shall be designated on the plan in an area accessible to employees and the hauler.
(9) 
Dumpsters shall be fenced.
(10) 
Fencing for storage, loading, or disposal areas shall be wood, brick, stone, composite material, or decorative metal.
M. 
Driveway/curb cuts.
(1) 
Curb cuts shall be measured at the street/property line and setback distances taken from that point.
(2) 
There shall be only one driveway/curb cut allowed for each 150 feet of frontage on a street however two curb-cuts may be allowable if traffic flow would benefit. A median island no wider than 20 feet is allowed in the driveway to still be considered one driveway/curb cut.
(3) 
Driveway/curb cuts shall be located no closer than 100 feet from an intersection. Distance shall be measured from the driveway/curb cut to the intersection of the corner street lines. Lots which would not be able to have a curb cut because of insufficient frontage on a street or streets to meet the one-hundred-foot driveway/curb cut setback can have a driveway/curb cut located closer than 100 feet as long as the setback from the intersection is at least 50 feet back from the intersection and as far back from the intersection as can be provided meeting the other standards of this by-law.
(4) 
Driveway/curb cuts shall be located no closer than 10 feet from an abutting property, and at least 25 feet from an abutting residential property.
(5) 
The minimum width of driveway/curb cuts shall be 12 feet for one-way use and 24 feet for two-way use. The maximum width shall be 30 feet.
(6) 
A Traffic Impact Statement shall be required if the adjacent intersections operate at a Level of Service (LOS) of D or F or the intensity of the use will increase the traffic volume by 10% or more, as determined by the latest edition of the Institute of Transportation Engineers (ITE) Manual.
(7) 
A Traffic Impact Statement shall, at minimum, contain the following:
(a) 
A recent twenty-four-hour traffic count in the immediate vicinity of the proposed curb-cut, A.M. and P.M. peak period turning movement counts should be conducted on sites with existing curb-cuts. The 85th percentile speed for the road immediately adjacent to the proposed curb-cut should also be collected.
(b) 
A determination of the travel demand generated by the proposed development, including a map or chart which distributes the travel demand to the highway network.
(c) 
An Identification of the existing deficiencies of the transportation system on the adjacent highways and roads. Critical intersection capacity analyses and safety analyses will be performed for all major intersections within an area to be determined by the Planning Board.
(d) 
An identification and evaluation of the future deficiencies of the transportation system caused by the proposed development.
(e) 
A mitigation plan to minimize traffic congestion and safety impacts of the proposed project.
(f) 
An interior traffic, pedestrian, and bicycle circulation plan; and if applicable, interior transit circulation plan, designed to minimize conflicts and safety problems.
N. 
Fire lanes.
(1) 
Designation. The head of the fire department shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall have a minimum width of 20 feet.
(2) 
Obstructions. Designated fire lanes shall be maintained free of obstructions and vehicles and marked in an approved manner.
(3) 
Maintenance. All designated fire lane signs or markings shall be maintained in a clean and legible condition at all times and replaced when necessary to insure adequate visibility.
(4) 
Marking. All designated fire lanes shall be clearly marked in the following manner:
(a) 
Vertical curbing six inches in height shall be painted yellow on the top and side, extending the length of the designated fire lane. The pavement adjacent to the painted curbs shall be marked with block lettering a minimum of 24 inches in height and with three-inch brush stroke reading: "No Parking Fire Lane". Lettering shall be in yellow and spaced no more than fifty-foot intervals. Four-inch-wide yellow stripes at 45°, two feet on center between four-inch-wide yellow striping, shall extend the length of the designated fire lane.
(b) 
Rolled curbs or surface without curbs shall have a yellow six-inch-wide stripe painted, extending the length of the designated fire lane. The pavement adjacent to the strip will be marked with block lettering a minimum of 24 inches in height and with three-inch brush stroke reading: "No Parking Fire Lane". Lettering shall be in yellow and spaced no more than fifty-foot intervals. Four-inch-wide yellow stripes at 45°, two feet on center between four-inch-wide yellow striping shall extend the length of the designated fire lane.
(5) 
Public safety signage.
(a) 
Fire lane signs shall be as follows:
[1] 
Reflective in nature.
[2] 
Use red letters on white background.
[3] 
Use three-inch lettering, to read "No Parking Fire Lane".
[4] 
A minimum of 12 inches wide and 18 inches tall.
(b) 
Fire lane signs shall be installed as follows:
[1] 
Spaced no more than 50 feet apart and posted on or immediately next to the curb or side of the road.
[2] 
Top of sign to be not less than four feet or more than six feet from the ground.
[3] 
Signs may be placed on a building when approved by the Fire Chief in coordination with the building official.
[4] 
Sign posts shall be a minimum of two-inch galvanized steel, or four-inch by four-inch pressure treated wood.
[5] 
Signs are to be placed so they face the fire lane or roadway.
O. 
Handicapped parking. Parking facilities shall provide specially designated parking stalls for the physically handicapped in accordance with the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Safety or any agency superseding such agency. Handicapped stalls shall be clearly identified by a sign stating that such stalls are reserved for physically handicapped persons. Said stalls shall be located in that portion of the parking facility nearest the entrance to the use or structure which the parking facility serves. Adequate access for the handicapped from the parking facility to the structure shall be provided.
P. 
Compact car parking areas. A parking facility may include compact car parking spaces having reduced stall dimensions. Stall dimensions shall not be reduced below sixteen-foot depth and eight-foot width. Stalls having reduced dimensions shall not be more than 25% of all stalls in a parking facility. Said stalls shall be denoted by signs. Any space thus saved on a site plan shall be used for landscaped open space in addition to that required by § 375-24.4.
Q. 
Signs. The location and type of any sign proposed shall be shown on the site plan, which shall be regulated by the Planning Board.
A. 
General requirements.
(1) 
In order to separate parking areas from abutting streets, to provide areas for snow disposal, to provide visual relief from expanses of unbroken blacktop and vehicles, and to provide general beautification of parking facilities, at least 10% of the area of such parking facilities shall be landscaped open space. Such open space shall consist of the part or parts of a lot designed to improve the visual environment and to provide areas for passive outdoor recreation, including the preservation of existing natural site features or the planting or placement of such elements as grass, flowers, shrubs, trees, or permeable ground cover. Such space shall not include lot area used for parking or access drives or any other impermeable paved areas.
(2) 
Parking facilities greater than 25 parking spaces shall have 10% of the parking facility area landscaped within the parking facility. Within is defined as landscaped areas surrounded on three sides by the parking facility and does not include perimeter buffers or buffers against the building. This calculation shall be shown on a landscaping plan.
(3) 
Where grass is provided, a minimum of six inches of loam shall be applied and a fine bladed lawn grass shall be grown or installed upon it. All planted trees and shrubs shall have a hole dug, the dimensions of which shall be one foot wider and deeper than the root ball, and a high quality loam used as backfill. Where mulch is provided, a minimum of four inches shall be applied.
(4) 
Landscaping consisting of trees and shrubs shall be provided between parking facilities and abutting streets/properties.
B. 
Landscaped islands.
(1) 
All landscaped islands within parking facilities shall be a minimum of 12 feet wide.
(2) 
Parking areas shall be provided with tree/shrub planted islands at the end of all rows or parking stalls that abut access aisles or drives.
(3) 
A row of parking spaces shall require a tree/shrub island so that no more than 10 parking spaces are in a row.
(4) 
All required tree/shrub islands shall abut the full length of the parking space and be a minimum of 12 feet wide. The minimum twelve-foot width shall be kept free for tree and shrub landscaping. A minimum of one tree and 10 shrubs shall be required in each tree/shrub island abutting a parking space. Shrubs in a tree/shrub island shall be of a species which grows to at least two feet. At least 25% of all shrubs in a tree island shall be evergreen.
(5) 
Rows of parking spaces shall not exceed four before an island the full length of the row is required.
C. 
Screening.
(1) 
Trees shall be provided between parking facilities and abutting properties, spaced 30 feet apart maximum on center.
(2) 
Hedges, earth berms, stonewalls, or continuous landscaping to a height of at least three feet shall be provided between parking facilities and abutting streets to help screen paved areas from the street. A ten-foot-wide landscaped buffer wide shall be provided when abutting properties are residential.
(3) 
All loading/storage areas, except fuel truck deliveries, and dumpsters shall be screened with landscaping.
(4) 
Street trees shall be planted along all frontages of the property between public road pavements and the property line, spaced 30 feet apart maximum on center. Trees that would conflict with sign locations need not meet this requirement but shall be placed elsewhere onsite. Tree size shall be a minimum 2.5 inches caliper.
[Amended 6-6-2017 ATM by Art. 25, approved 9-18-2017]
D. 
Tree standards.
(1) 
Trees shall be provided within or around all parking facilities at the rate of one tree for each 2,000 square feet of parking facility area. This calculation shall be shown on a landscaping plan.
(2) 
Twenty-five percent of all required trees shall be evergreen. In order to diversify the required trees for sustainability, no more than 30% of any one species and 40% of any one genus of required trees shall be proposed. Such diversification shall take into account the tree species of adjacent properties.
(3) 
All required trees shall be of a species whose mature height shall be a minimum of 50 feet. Maintenance or care of such trees shall not interfere with allowing said trees to reach their mature height and width.
(4) 
Trees, when planted, shall be a minimum of 1.5 inches caliper for parking facilities under 25 parking spaces, for parking facilities of 25 or more spaces, tree size shall be 2.5 inches caliper.
(5) 
Foundation plantings shall be provided adjacent to buildings, spaced 30 feet apart maximum on center. Trees shall be planted within 20 feet of buildings greater than 20 feet in height. These requirements do not apply to the width of entrances into the building.
(6) 
The above landscaping requirements shall create shade over parking spaces equal to or exceeding 30% of said parking spaces. The shade requirement shall be calculated by utilizing the crown at full maturity of the trees proposed with the sun at its highest point of the year at the latitude of the Town of Dartmouth. This calculation shall be shown on a landscaping plan.
E. 
Perimeter landscaped open space. The required setback from lot lines specified for parking areas in § 375-24.3C shall consist entirely of landscaped open space as defined.
F. 
Special street frontage requirements. Along State Road, Faunce Corner Road and Cross Road, the ten-foot setback referred to in § 375-24.4 shall contain at least five trees for each 150 feet of frontage. Such trees shall be of a species expected to reach a mature height of greater than 30 feet. Where such special street frontage exceeds 150 feet, trees required under this § 375-24.4 shall not be counted towards the number of trees required.
G. 
Protection from damage. In order to preserve landscaped open space from damage by parking cars and snow removal operations, bumper overhang areas shall be provided with permeable ground cover that will not be damaged by bumpers or vehicle drippings, and all landscaped open space shall be provided with curbing. Curbing for tree-planted islands in parking facilities containing 25 or more parking spaces shall be either cast in place concrete, pre-cast concrete or granite.
A. 
Construction.
(1) 
Parking facilities shall be constructed and drained so that runoff water does not adversely affect:
(a) 
The use of the parking facility;
(b) 
Abutting ways;
(c) 
Abutting properties;
(d) 
Wetland resources; or
(e) 
Water supplies.
(2) 
All runoff water from parking facilities shall be treated for water quality by a combination of Low Impact Development (LID) techniques in accordance with the guidelines provided in the latest version of the Massachusetts DEP Stormwater Management Manual, recommended by the Dartmouth D.P.W. to filter runoff water prior to discharge into the general environment. Drainage calculations shall be reviewed and approved by the Planning Board's consulting engineer, at the expense of the applicant, if a review of the drainage is not being conducted by the Conservation Commission.
(3) 
Existing parking facilities that are reviewed under this bylaw shall have a drainage analysis completed to confirm that the current runoff does not exceed the proposed runoff.
(4) 
All building roof water runoff shall be recycled or recharged on-site.
B. 
Inspection report.
(1) 
The applicant and/or any subsequent owner shall file a yearly inspection report, drafted and signed by a licensed professional engineer, with the Planning Office for all stormwater management systems containing the following:
(a) 
The results of inspections conducted per the inspection protocol schedule determined by the Board of Health.
(b) 
A permanent stormwater operation and maintenance program regarding the previous 12 months.
(c) 
Documentation of any maintenance performed and any recommendations by the professional engineer for repair or maintenance of all of the stormwater systems on this site.
(2) 
All of the above inspections must be conducted by a licensed professional engineer.
(3) 
The inspections shall certify the systems are functioning properly and shall be filed yearly, beginning 12 months after a Certificate of Occupancy is issued for the site.
(4) 
The applicant and/or any subsequent owner shall pay the fees associated with hiring the professional engineer and obtaining the required reports.
[Amended 6-6-2017 ATM by Art. 25, approved 9-18-2017]
A. 
All overhead parking lighting shall be arranged and shielded to prevent glare from the light source onto any adjacent street or property and so noted on the plan.
B. 
Lights shall be mounted a maximum of 25 feet in height above the parking facility.
C. 
The minimum lighting on each space shall be at least two footcandles and not exceed 0.5 footcandles at the property lines.
Architectural design shall be compatible with the character and scale of buildings in the neighborhood. Variations in detail and form shall be used to provide visual interest and to avoid monotony. The Planning Board shall encourage traditional New England architectural styles by maintaining an Architectural Design Guide describing and illustrating preferred design principles to serve as an advisory guide to applicants of Site Plan Review.
In approving any site plan, and provided that they do not contradict any other requirement of Article 24, the Board may impose, in its discretion, reasonable conditions in order to ensure:
A. 
The protection of the public, the environment and any abutting premises from dangerous, offensive or nuisance activities, uses or conditions on the property, including during any construction pursuant to the site plan;
B. 
Safe, orderly and controlled access to the property, including but not limited to restrictions on delivery times and requirements for curb-stops, bollards, rumble strips, turning lanes, curb-cuts, sloped granite curbing, speed tables, alternate paving materials, covered seats, or raised crosswalks, by vehicles, pedestrians and bicyclists;
C. 
That the orientation and/or location of any building preserve natural and historical features, and are supportive of scenic and public views and access to sunlight;
D. 
That buildings are designed so as to be architecturally compatible with, or otherwise enhance, the character of the surrounding neighborhood or commercial area; to reflect traditional New England architecture, and particularly the coastal architecture of Dartmouth and the South Coast; and/or to create visual interest through the avoidance of repetitive or monotonous architectural styles. In conditioning the architecture of a building, the Board may consider any and all exterior design and aesthetic features, including, without limitation: siding types; roof lines, pitches and materials; moldings and trims; the styling, number and sizes of windows. Examples of preferred design features can be found in the Architectural Design Guide, which is available at the Planning Office.
E. 
That curbing, seating, and other features of parking lots are designed in order to preserve or enhance visual interest, and to promote pedestrian and bicyclist usage and safety.
F. 
That lighting and other features of parking lots are environmentally friendly and utilize energy-efficient, renewable, or other green technologies or design standards.