Article 9 General Regulations

Any building, structure or use of land that was existing or lawfully begun or for which a permit was issued prior to the effective date of this bylaw, except that any change in use to a greater category of parking demand shall be subject to this section.

Any existing building or structure that has been damaged or destroyed by fire or other disaster, and reconstructed to the same size or lesser size as previously existed, except that any change in use of the reconstructed building to a greater category of parking demand shall be subject to this section.

No existing off-street parking spaces shall be eliminated if their removal would cause the total number of spaces provided on a site to be less than the number required by Subsection 9.1.2, except by special permit.

9.1.2

Off-street parking requirements. Except as provided in Subsection 9.1.4, the minimum number of off-street parking and loading spaces shall be as set forth below. Where fractional spaces result, the minimum number of spaces shall be the next highest whole number. For certain uses, a maximum number also applies. Off-street parking requirements for a use not specifically listed below shall be as specified by the Building Commissioner based on a listed use of similar characteristics of parking demand.

Residential uses.

Single-family or two-family dwelling: minimum two spaces per dwelling unit.

Multifamily dwelling: minimum one space per studio unit; 1.5 spaces per one-bedroom unit; and two spaces per unit with two or more bedrooms; plus 5% additional spaces for visitor parking, or a minimum of one space. In the Downtown/Park Street Form-Based Code (DPSFBC) District, dwelling units must provide 0.5 space per unit regardless of the number of bedrooms in the unit.

Assisted-living facility: minimum 0.5 space per unit, plus one space per employee on each shift, rounded up the nearest whole number of spaces.

Nursing home: minimum one space for each four patient beds, plus one space for each two employees on the largest shift.

Accessory apartment: minimum one space in addition to spaces required for the principal dwelling.

Home occupation: as required for the particular occupation and use, to be determined by the Building Commissioner, in addition to required spaces for the dwelling unit.

Business uses. The minimum number of off-street parking spaces listed below shall be in addition to space for storage of trucks or other vehicles used in connection with a business.

Clubs, restaurants, taverns, and other eating places: minimum one space per four seats, plus one space per 300 square feet of gross kitchen floor area.

Retail store: minimum three spaces per 1,000 square feet; maximum one space per 200 square feet gross floor area. Where a single parking area contains more than 300 parking spaces intended to serve more than one retail establishment, the total number of off-street parking spaces required in excess of 300 shall be reduced by 25%.

Art gallery: minimum three spaces per 1,000 square feet.

Professional or business office: minimum one space per 400 square feet gross floor area.

Personal or business service; bank or other financial institution: minimum one space per 300 square feet gross floor area.

Medical office or medical clinic: minimum one space per 200 square feet gross floor area.

Hotel or motel: minimum one space per sleeping room, and one space for every three employees on the largest shift. For hotel or motel with conference and/or restaurant space, add one space per 200 square feet of restaurant and function room floor area combined.

(8)

Place of assembly with fixed seating, such as a church, stadium, assembly hall: minimum one space for every four seats or, when benches are used, one space per eight lineal feet of bench.

(9)

Library, museum: minimum one space per 400 square feet of public floor area.

(10)

All other places of public assembly: minimum one space for every five occupants as determined by the State Building Code.

(11)

Theatre, cinema: minimum one space for every three seats for single-screen theaters; for theaters with more than one screen, one space for every five seats.

(12)

Hospital: minimum one space for each two beds plus one space for each two employees on the largest shift.

(13)

Funeral home: minimum one space per 60 square feet of public floor area.

(14)

Bowling alley: minimum three spaces per each alley.

(15)

Other commercial uses: minimum one space per 300 square feet gross floor area.

Industrial uses. The minimum number of off-street parking spaces listed below shall be in addition to space for storage of trucks or other vehicles used in connection with a business.

Office for administrative, executive, professional, medical sales and other similar uses, the normal operation of which does not involve retailing activities on the premises: minimum one space per 300 square feet gross floor area; maximum one space per 200 square feet gross floor area.

Laboratory for scientific, industrial research, research and development, or biomedical research and technology: minimum one space per 400 square feet gross floor area; maximum one space per 300 square feet gross floor area.

Wholesale warehouse, truck freight terminal or storage warehouse: minimum one space per 1,500 square feet gross floor area; maximum one space per 1,000 square feet gross floor area.

Light industrial use, including manufacturing, storage associated with the industrial activities on site, processing, fabrication, packaging and assembly; printing or publishing facility; data processing center; or public utility building or structure: minimum one space per 500 square feet gross floor area; maximum of one space per 300 square feet of gross floor area.

Mixed uses. For a building with two or more principal uses that fall into different classes of use, i.e., uses with different parking requirements occupying the same building or premises, the parking spaces required shall equal the sum of the requirements of the various uses computed separately, except where it can be demonstrated to the Planning Board that the parking need for the uses occurs at different times, in which case the Planning Board may grant a special permit to reduce the number of parking spaces.

9.1.3

Off-street loading spaces.

Retail store, service establishment: minimum one berth for each 5,000 to 10,000 square feet gross floor area; one additional berth for each additional 15,000 square feet or nearest multiple thereof.

Office buildings, research facilities and similar uses: minimum one berth for each 8,000 to 20,000 square feet gross floor area; one additional berth for each 40,000 additional square feet or major fraction thereof.

Industrial uses. No use of premises shall be permitted and no building or structure shall be erected or enlarged without adequate off-street loading facilities located on the same lot as the building or use to be served. An area of at least 400 square feet of appropriate dimensions, exclusive of drives and maneuvering space, shall be considered one off-street loading bay. One such bay shall be provided for each loading door.

9.1.4

Special regulations for the Downtown Ayer/Park Street FBC District.

In the Downtown Ayer/Park Street FBC District, Subsection 9.1.2 shall not apply to nonresidential uses.

The Planning Board may grant a special permit to locate all or a portion of the required off-street parking on a different lot than the lot with the building or use served by such parking, if the Planning Board determines that proper provision has been made to ensure pedestrian, bicycle and vehicular safety and that such an arrangement is superior to on-site parking and/or furthers the Town of Ayer's downtown planning objectives. All such arrangements shall be presented by the applicant in writing together with written consent of the property owner(s), and reviewed by Town Counsel, approved by the Planning Board, and recorded with the property deed.

Off-street loading spaces are not required for uses that do not exceed 3,000 square feet of floor space.

9.1.5

Off-street parking design standards.

Dimensional standards.

Each off-street parking space shall be an all-weather, surfaced area at least nine feet wide and 18 feet long for angle parking or 22 feet for parallel parking. The required length shall be measured on an axis parallel with the vehicle after it is parked. The required areas, other than those serving one- and two-family dwellings, shall be exclusive of driveways and shall be permanently reserved for the temporary parking of one automobile, and shall be connected with a street or public right-of-way by an all-weather surfaced driveway. In the case of single-family and two-family dwellings, all-weather surfaces shall not be required.

In parking lots containing more than 50 parking spaces, 10% of the required parking spaces may be designed for small-car or motorcycle use. Small-car parking spaces shall be not less than eight feet in width nor less than 16 feet in length. Motorcycle spaces shall be not less than four feet in width nor less than eight feet in length. Spaces designed for small-car or motorcycle use shall be grouped in one or more contiguous areas and identified by appropriate signage.

Access driveways and interior circulation.

For parking areas containing fewer than five spaces, the minimum width of access drives shall be 10 feet wide for one-way use and 18 feet wide for two-way use. For facilities containing five or more spaces, the minimum width of access drives shall be 12 feet for one-way use and 20 feet for two-way use, and the maximum width shall be 16 feet for one-way use and 24 feet for two-way use. The maximum width of such driveways at the property line shall be 24 feet. The minimum curb radius shall be 15 feet. The Planning Board may approve a modification of these width and radius requirements to facilitate traffic flow and safety or to accommodate the unique needs of industrial facilities that require wider access drives. Each lot may have one access driveway through its frontage. One additional access driveway for one-way traffic may be provided for each 200 feet of frontage, and all such additional access driveways shall be at least 200 feet apart measured from the center line of each access driveway. Within the FBC District, refer to External Elements in Building Development Standards.

Access drives shall occupy not more than 25% of the frontage of a parcel that has 100 feet or more of frontage nor more than 40% of the frontage of a parcel that has less than 100 feet of frontage except by special permit from the Planning Board, with the exception of the FBC District.

Access drives shall be located so as to provide for safe access and egress to the parcel being served. No portion of an access drive at the street line shall be closer than 75 feet to an intersection, except in the Downtown Ayer/Park Street FBC District, where such distance shall be a minimum of 35 feet.

Wherever feasible, access drives shall be designed to minimize curb cuts on existing public ways. Subject to approval by the Planning Board, shared access to two or more adjoining parcels may be provided through one or more of the following methods: (a) a cul-de-sac or loop road or common driveway shared by adjacent lots or premises, (b) joint and cross access between the lot and adjacent uses, (c) an existing side or rear street, (d) a cul-de-sac or loop road shared by adjacent lots or premises. Shared driveways serving residential lots are allowed and encouraged to reduce pavement and impervious surfaces.

Where a curb cut permit is required from the Massachusetts Department of Transportation (DOT) Highway Division, the location, width and number of access driveways and the construction thereof shall conform to DOT Highway Division standards. The applicant shall make every reasonable effort to comply with the above requirements and those of the DOT Highway Division and the FBC District.

Location, design and construction of off-street parking.

Except in an Industrial District or the Health Care Services District, off-street parking spaces shall be located behind or beside the principal structure on the lot. No parking shall be located closer to the front lot line than the front line of the principal building except by special permit from the Planning Board. In granting a special permit, the Planning Board may impose design, surface treatment, landscaping, lighting and other requirements to mitigate the visual impact of parking areas on views from the road, and may regulate the location of the remaining parking to achieve the purposes of this § 320-9.1. In no event shall the Planning Board grant a special permit to locate more than 15% of the required off-street parking spaces in front of a principal building, with the exception of the FBC District.

Except for parking within an enclosed structure, e.g., a parking garage, or for existing multifamily dwellings, no parking space shall be located within eight feet of a building wall or 10 feet of a lot line. No access aisle, entrance or exit driveway shall be located within five feet of a building. Loading docks are exempt from this requirement.

Each required off-street parking or loading space shall have adequate access to a street, either directly or via an access drive.

All required parking spaces shall be marked by painted lines, curbs or other means to indicate individual spaces. Signs or markers painted or provided and maintained in good condition shall be used as necessary to assure efficient traffic flow within the lot.

Required off-street parking spaces shall be located on the same lot as the building or use they serve except by special permit from the Planning Board, except as provided in Subsection C(6) below for the Health Care Services District.

In the Health Care Services District, required off-street parking facilities may be located on any lot within the district, provided that, in the event that any division or subdivision occurs within the district resulting in the creation of new lots, each lot in the district shall either (a) accommodate the required parking facilities associated with uses on that lot, or (b) have the benefit of perpetual easement rights to utilize such parking facilities on other lots within the district as may be required for uses on the benefited lot. However, the total number of required off-street parking spaces will continue to be based upon calculation of applicable parking requirements for each use existing from time to time on this lot and on each of the lots so benefited. In the Health Care Services District, notwithstanding any other provision of this bylaw, off-street parking facilities may be located in the required front yard, provided that parking spaces are located no closer than 30 feet to the property line adjacent to Groton Road.

Shared parking. The Planning Board may grant a special permit for shared parking facilities, i.e., off-street parking serving more than one use or more than one property, subject to the following requirements:

A reciprocal agreement shall be executed by all parties in order to ensure the long-term joint use of shared parking, and the agreement shall be acceptable to the special permit granting authority.

Uses sharing the parking facility shall be located not more than 1,000 feet from the closest parking space, unless approved by the Planning Board.

The Planning Board shall base its special permit decision on the following criteria:

The hours of operation of the uses involved;

The number of spaces required for each individual use under Subsection 9.1.2;

The degree to which vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or same day of the week; and

(d)

The degree to which the applicant's proposal promotes and accommodates other means of transportation to access the site, such as pedestrian or bicycle facilities.

In the event that any shared parking arrangement approved hereunder is discontinued or any associated conditions change, such as but not limited to any change in the use of such property(ies) to a greater category of parking demand, the applicant shall notify the special permit granting authority within 15 days. It shall be the applicant's responsibility to comply with all applicable provisions of this § 320-9.1 within 60 days of the date of notification to the special permit granting authority or the date on which such notification should have occurred, or to request an amendment to the special permit in order to provide for an alternative shared parking arrangement.

The Planning Board may require the applicant to provide a parking study with all information deemed necessary to render a decision.

9.1.6

Landscaping and lighting requirements.

Buffer areas.

Parking facilities with more than five parking spaces shall be bordered on all sides, except for required access drives, with a landscaped buffer of sufficient density and height to provide effective screening for parked vehicles. The width of the landscaped buffer may vary based on site conditions, abutting uses, and the view from the road as long as the average width of the buffer on all sides of the lot is at least 10 feet, except that in the Health Care Services District, portions of the perimeter of the district located within 50 feet of any parking area constructed after the effective date of this bylaw shall be landscaped with medium-height shrubs so as to achieve effective screening and buffering as determined by the Planning Board. Where adjacent parcels agree to share a common parking area under Subsection 9.1.5D above, the Planning Board may approve eliminating the minimum buffer on all common property lines.

Trees planted in the buffer area shall be at least six feet in height and not less than two inches in trunk diameter immediately after planting, and shall consist of noninvasive, drought-resistant species. Along the side or rear of a lot, a fence, wall or other nonliving structure may be used in lieu of plantings if deemed by the Planning Board to be a more effective and suitable buffer than could be provided with living materials.

For vegetated swales located within a buffer area, the Planning Board may approve alternative buffer dimensions and buffer design standards than those specified above.

Wherever possible, existing natural vegetation and landforms shall be protected and incorporated into the buffer area.

The landscaped buffer surrounding a parking facility shall count toward the minimum open space requirement on the lot, subject to the requirements of § 320-6.2.

Interior landscaping.

To separate parking areas from abutting streets, to provide areas for snow disposal, to break up expanses of vehicles and paved areas, and to provide beautification of parking facilities, at least 10% of the paved area of a parking facility with more than 25 parking spaces 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 shall not include lot area used for parking or access drives or any other impermeable areas.

At least one tree shall be provided for every 10 parking spaces as follows:

Trees shall be at least two inches in trunk diameter at the time of planting and shall be a noninvasive species characterized by moderate growth.

Every effort should be made to avoid regularity in spacing between trees. Instead, trees shall be grouped wherever possible and located in continuous islands six feet or more in width.

The Planning Board may authorize shrubbery and other plantings instead of trees if it can be shown to the Planning Board's satisfaction that the planting of trees is impractical or that other vegetation will provide more aesthetic and environmental benefits.

(d)

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 suitable curbing.

The Planning Board may approve modifications to the above requirements for any interior landscaped areas or islands that serve as vegetated swales or bioretention cells. The number, dimensions and landscaping specifications for bioretention cells shall be determined by the Planning Board during its review of a proposed drainage plan during site plan review.

Lighting. Adequate lighting shall be provided in lots of more than 10 spaces if off-street parking spaces are to be used at night. Minimum security lighting must be provided in all lots serving other than single-family and two-family dwellings. All lighting shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct glare light radiation, or light pollution which may create a safety hazard or a nuisance.

9.1.7

Pedestrian accommodation.

The following requirements shall apply to all new construction or substantial reconstruction of nonresidential uses and mixed-use developments in the Downtown Ayer/Park Street FBC District, Mixed-Use Transitional, General Business District, and Health Care Services District.

Interior walkways.

Parking facilities shall incorporate clearly defined pedestrian connections between parking spaces and building entrances. Such connections shall be integrated into the internal landscaping whenever possible.

Continuous internal pedestrian walkways shall be provided from the sidewalk, parking lot, public right-of-way or interior access road to the public entrance of all principal buildings on a site. Walkways shall connect focal points of pedestrian activity, such as but not limited to, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of their length.

Crosswalks shall be clearly recognizable through the use of raised, textured or color treatments in order to aid pedestrians in crossing traffic within the lot.

Where there exists along an exterior side or rear wall an entrance or exit normally used by the general public (not limited to fire doors and loading areas), such entrance or exit shall be provided with a paved walk with a seven-inch-high safety curb extending at least six feet along the building on either side of such entrance or exit.

Sidewalks.

In any location not served with a public sidewalk, any new construction or substantial reconstruction required to provide more than 25 off-street parking spaces under Subsection 9.1.2 or Subsection 9.1.4 shall provide a sidewalk at least five feet in width along the frontage of the parcel, located between the principal structure facing the street and the right-of-way line of any existing, proposed, paper, public, or private street, or state highway.

A continuous landscaped strip not less than four feet wide shall be located between the sidewalk and right-of-way line of the street in order to create a sense of enclosure for pedestrians. The Planning Board may approve a reduction in width of the landscaped strip in order to accommodate both a wide sidewalk and landscaping within the front yard setback, with the exception of the Downtown Ayer/Park Street FBC District.

Trees to be planted within the landscaped strip shall be a minimum of 2 1/2 inches in caliper six feet above grade, be a noninvasive species of canopy or shade tree, tolerant of future site conditions and reach an ultimate height of at least 30 feet. There shall be an average of at least one such tree per 25 linear feet of frontage, and shrubs or bushes at a minimum ratio of 12 per tree. Where feasible and appropriate, canopy and ornamental trees, shrubs, planters and ground cover shall be arranged in groupings that reduce the optical width of the road. However, no landscaping treatments shall be permitted to obstruct clear sight distance.

Bituminous concrete or concrete paving is prohibited within the landscaped strip except for driveways and sidewalks.

9.1.8

Reserve parking. The Planning Board may authorize a reduction in the number of off-street parking spaces required under Subsection 9.1.2, subject to the following conditions:

The decrease is not more than 30% of the total number of spaces required under Subsection 9.1.2. The waived parking spaces shall not be used for building area and shall be labeled as "Reserve Parking" on the site plan.

The proposed decrease in the number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood, and does not derogate the intent and purpose of this bylaw.

The reserve parking spaces shall be properly designed as an integral part of the overall parking development.

In no case shall any reserve parking spaces be located within areas counted as buffer, parking setback or open space.

If, after one year from the date of issuance of a certificate of occupancy, the Building Commissioner or Planning Board finds that all or any of the increased reserve spaces are needed, the Planning Board may require that all or any portion of the spaces identified as increased reserve spaces on the site plan be constructed within a reasonable time period, as specified by the Planning Board. A written notice shall be sent to the applicant at least seven days before the matter is next discussed at a meeting of the Planning Board.

9.1.9

Bicycle accommodation. In any zoning district, the following requirements shall apply to all uses except single-family or two-family dwellings unless waived or modified by the Planning Board.

Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy of any new building that results in the need for additional vehicular parking facilities, as follows:

Multifamily dwelling: minimum of one bicycle parking space or locker for each two dwelling units or portion thereof, for up to 10 units; and one bicycle space per four dwelling units thereafter.

All other uses: minimum of one bicycle parking space for every 10 vehicular parking spaces required under Subsection 9.1.2 or Subsection 9.1.4, for up to 50 spaces; and one bicycle parking space for every 20 vehicle parking spaces thereafter.

In all cases where bicycle parking is required, a minimum of two and a maximum of 50 bicycle parking spaces shall be provided.

A maximum of two required vehicle parking spaces may be used for bicycle parking spaces.

Minimum design standards.

Accessory off-street parking for bicycles shall include provision for secure storage of bicycles. Such facilities shall provide lockable enclosed lockers or racks or equivalent structures in or upon which the user may lock a bicycle.

Structures that require a user-supplied locking device shall be designed to accommodate both chain and U-shaped locking devices and shall support the bicycle frame at two locations (not just the wheel).

All lockers and racks must be securely anchored to the ground or the building structure to prevent the racks and lockers from being removed from the location.

The surfacing of such facilities shall be designed and maintained to be mud- and dust-free. The use of rock or gravel areas for bicycle parking is permitted, provided that edging materials, such as landscape timbers, are used so that the bicycle parking area is clearly demarcated and the rock material is contained.

Bicycle parking facilities shall be sufficiently separated from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles. The separation may be accomplished through grade separation, distance or physical barrier, such as curbs, wheel stops, poles or other similar features.

Adequate maneuvering space shall be provided.

Bicycle parking facilities shall be located in a clearly designated safe and convenient location. Whenever possible, the bicycle parking shall be placed within 50 feet of building entrances and in well-lit areas.

9.1.10

Modifications and waivers.

The Planning Board may approve modifications or waivers of the requirements of this § 320-9.1 for compelling reasons of safety, aesthetics, site design or environmental impact.

Where this § 320-9.1 requires a special permit for approval of a requested modification or waiver, the Planning Board's decision shall be consistent with the special permit granting criteria in § 320-3.4.

Parking space requirements may be modified when one or more of the following conditions are met to the satisfaction of the Planning Board:

Peak parking needs generated by on-site uses occur at different times;

A significant number of employees, tenants, patrons or other parking users of the site are common to and shared by more than one use on the site;

§ 320-9.2 Open space and landscaping standards.

A parking management plan approved by the Planning Board is implemented with occupancy of the building or buildings. Said plan shall include the implementation of such measures as car and van pooling, bicycling and public transit use sufficient to reduce the need for parking. The Planning Board may require periodic documentation of reductions in vehicle trips and parking utilization as a result of the parking management plan.

The following standards shall apply to open space and landscaped areas in all new construction and substantial reconstruction in the Business Districts, Industrial Districts, Downtown Ayer/Park Street FBC District and in multifamily developments in any district.

[Amended 6-10-2019 STM by Art. 2]

Open space areas shall be kept free of encroachment by all buildings, structures, storage areas, parking and interior drives, except for a driveway to gain access from the street.

At least 50% of the minimum required open space under § 320-6.2 shall be located in the front or side yards of the lot, visible from the street, unless the Planning Board approves a different configuration in order to accommodate unique site constraints, such as but not limited to the location of existing buildings or wetlands, lot shape, or access. In granting a special permit under this § 320-9.2, the Planning Board shall require appropriate mitigation, e.g., the provision of a pedestrian plaza or other pedestrian amenities in front of the principal building on the lot, or additional landscaping, including in off-site locations in the vicinity of the same lot, with the exception of the Downtown Ayer/Park Street FBC District.

Landscaped open space shall be designed to enhance the visual impact of the use upon the lot and adjacent properties. Where appropriate, existing vegetation should be retained and used to satisfy the landscaping requirements herein.

Open space areas may be used for stormwater management practices not inconsistent with the purposes of this § 320-9.2, such as but not limited to bioretention cells, filter strips, wet swales or stormwater wetlands.

Landscaped open space shall be maintained as open planted areas and used to ensure buffers between properties; minimize the visual effect of the bulk and height of buildings, structures, parking areas, lights or signs; and minimize the impact of the use of the property on land and water resources. Landscaping shall be required between abutting uses, excluding multiple uses on one lot. The landscaping shall consist of grass, shrubs, or trees or a combination thereof, as determined by the Planning Board, and shall comply with the following requirements:

Business uses shall be separated from an abutting residential district or abutting residential uses by a landscaped buffer of at least 25 feet in width along the full length of the abutting lot line, except that in the Downtown Ayer/Park Street FBC District, the landscaped buffer shall be at least 10 feet in width. The Planning Board may approve a reduced landscaped buffer if the applicant demonstrates that an alternative landscaping plan will meet the intent of this § 320-9.2.

[2]

Industrial uses shall be separated from an abutting residential district or abutting residential uses by a landscaped buffer of at least 50 feet in width along the full length of the abutting lot line.

[3]

Multifamily uses shall be separated from an abutting single-family residential district (A-1 or A-2) by a landscaped buffer of at least 25 feet in width along the full length of the abutting lot line.

If there is not an adequate amount of buffer area to landscape, the Planning Board may approve a reduced buffer area or a fence as an alternative, except that a chain-link fence is expressly prohibited.

In the Health Care Services District, the following open space and landscaping standards shall apply:

Structures for residential occupancy shall be set back from other structures by a minimum of 50 feet, and at least 50% of the required setback shall be grassed, landscaped, or wooded land available for active and passive recreation.

For any facility constructed to a height of more than three stories after the effective date of this bylaw, those portions of each yard at any perimeter of the district which does not front on a public way shall be screened from adjacent residential districts with landscaping that effectively reduces the visual impact of buildings, parking, and other uses within the district upon such adjacent residential districts. Such landscaping shall include plantings in the center of the yard not less than three feet in width and six feet in height. Individual shrubs shall be planted not more than five feet on center (except where a tree is planted in between, in which case the shrubs may be no more than 10 feet on center), and shade trees having a minimum two-inch caliper being planted.

§ 320-9.3 Commercial development standards.

At least 50% of the plants and trees in the screens required under Subsection B(1) and (2) above shall consist of evergreens. All such landscaping shall be maintained by the owner so as to maintain effective screening on a year-round basis. Completion of the landscaping requirements may be postponed for a period not to exceed six months from the time of completion of the parking or building due to weather conditions, subject to approval from the Planning Board.

Landscaping, fencing or other screening shall be maintained in a manner that achieves the purposes of this § 320-9.2. In any area designated as open space or landscaping on an approved site plan, the owner of the property shall replace any tree or shrub that dies within one growing season. Replacement trees or shrubs shall be of similar type and size to species approved as part of the original site plan submission. Where fencing is used for screening, the fence shall be maintained in good working order or replaced as necessary.

Exposed storage areas, machinery, garbage dumpsters, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods approved by the Planning Board.

[Amended 6-10-2019 STM by Art. 2]

Applications for site plan review in the Business Districts and Health Care Services District shall demonstrate compliance with the following standards. Within the Downtown Ayer/Park Street FBC District, refer to Building Development Standards.

Appearance/Architectural design standards.

The front facade of a new building and the building's principal entry shall be oriented toward the street. For a development with more than one building on a single lot or a development with multiple lots, buildings located to the rear of a site shall face the access road that serves them. Where appropriate, however, a building may be oriented around a courtyard or respond in design to a prominent feature, such as a corner location, subject to approval by the Planning Board.

Architectural design shall be compatible with the character and scale of buildings in the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings. The Planning Board may take into consideration whether exterior building facades and materials are consistent with Ayer's character. For example, exterior materials such as wood clapboards or stone or brick, and treatment compatible on all four sides, are considered consistent with Ayer's character. The Planning Board may consider whether the roofline is peaked or is otherwise consistent with the Town's character.

The Planning Board may adopt such regulations as may be necessary to further specify these design standards.

Signs.

Signage shall relate in size, scale, color and overall design to the general character of its location and to the specific context in which it is to be placed.

Wherever possible, signs shall be integrated with the building's architecture and aligned to pedestrians on sidewalks, such as blade signs, single signs hung below canopies, or small signs on canopies or awnings.

For any building occupied or to be occupied by two or more businesses, the applicant shall submit a master signage plan as part of the application for site plan review.

Lighting standards.

All applications for site plan review shall include a proposed lighting plan that meets functional security needs of the proposed land use without adversely affecting adjacent properties or the neighborhood. The plan shall show existing and proposed exterior lighting, the location, mounting height and orientation of luminaires, and sufficient technical information from the manufacturer of the lamps and fixtures to determine their type and resulting illumination levels. A photometric plan shall show light levels throughout the property. Light spillover onto adjacent premises shall not exceed 0.5 footcandle in residential districts or 1.0 footcandle in nonresidential districts.

Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries.

No light standard shall be taller than 15 feet except by special permit from the Planning Board.

Where wall-pack-type luminaries are utilized for outdoor lighting, the fixture shall be equipped with a prismatic lens to reduce glare. Wall-pack lighting shall be designed to a maximum cutoff of 70° from vertical. The location of the wall-pack on the structure shall not exceed 20 feet in height.

Traffic impact statement. As part of site plan review for developments in the General Business District, the Planning Board may require a traffic impact statement containing the following information:

Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on-site and within 100 feet of the site.

A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site, estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersections.

Adequate pedestrian and bicycle access shall be provided as follows: Sidewalks shall be provided to provide access to adjacent properties and between individual businesses within a development.

An additional traffic impact statement shall be prepared by projects over 10,000 square feet, which shall contain:

A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or carpooling, or other appropriate means.

§ 320-9.4 Environmental performance standards.

An interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or electromagnetic, or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of insects, rodents, or other substance; conditions or element in any amount as to affect adversely the surrounding environment. The following standards shall apply:

Emissions.

Emissions shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.

No emission which can cause any damage to health of animals or vegetation or which can cause excessive soiling, at any point, shall be permitted.

No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a backup safeguard system in the event that the primary systems fail.

Erosion control. Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following "best management" practices:

Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within six months of occupancy of a structure.

During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff shall be trapped by using staked hay bales or sedimentation traps.

Permanent erosion control and vegetative measures shall be in accordance with erosion/sedimentation vegetative practices recommended by the Natural Resources Conservation Service.

All slopes exceeding 15% resulting from the site grading shall be either covered with four inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be stabilized by a retaining wall.

Effective dust control shall be used during grading operations if the grading is to occur within 200 feet of an occupied residence or place of business or public way. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.

Discharge. No discharge, at any point, into a private sewer system stream or the ground of any material in such a way, or of such a nature or temperature as can contaminate any running stream, water supply or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as welding, shall be permitted beyond its lot lines onto neighboring properties, or onto any street.

Hazardous activities.

No activities that emit dangerous radioactivity, at any point; no electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.

All activities that involve hazardous materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment in accordance with state regulations.

Hazardous materials storage.

All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious dike which shall be high enough to contain a volume of liquid kept within the storage area, at least equal to 110% of the capacity of the container(s), so that such liquid shall not be able to spill onto or seep into the ground surrounding or under the paved storage area. Storage tanks for "home heating oil" and diesel fuel, not exceeding 275 gallons in size, may be exempted from this requirement.

All storage of hazardous materials, at any point, shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment.

Noise. All uses shall comply with the noise restrictions set forth in Chapter 201, Noise, of the Town Code. Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to the intermittence, beat frequency, shrillness or volume.

Stormwater management. All development shall comply with the Town of Ayer Stormwater Management Bylaw.[1]

Editor's Note: See Ch. 245, Stormwater Management.

Vibration. No offensive vibration shall be permitted at any time.

§ 320-9.5 Signs.

9.5.1

Sign permits.

No sign shall be erected on the exterior of any building or on any land unless and until the Building Commissioner has issued a sign permit. Application for a sign permit shall be on the form prescribed by the Building Commissioner and shall include such information and drawings as the Building Commissioner requires.

All signs erected hereunder shall be erected in the exact location and manner described in the permit.

The relettering of a sign shall be equivalent to the erecting of a sign, except when the original wording is reproduced.

A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months.

9.5.2

Basic requirements.

The only signs allowed in the Town of Ayer are signs that advertise, call attention to, or indicate the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or that advertise the property itself or any part thereof as for sale or rent and which contain no other matter.

No sign may be illuminated between 12:00 midnight and 6:00 a.m. except for businesses open during those hours, and signs identifying police or fire stations or essential public services, or as otherwise may be approved by special permit from the Planning Board.

Construction, erection, and location of all freestanding signs shall be subject to the approval of the Building Commissioner. No freestanding signs shall be erected if they create a safety hazard to vehicular or pedestrian traffic, in the opinion of the Building Commissioner.

9.5.3

Prohibited signs. The following signs are expressly prohibited:

Billboards and similar signs.

Flashing, moving, scrolling and animated signs.

Colored (not white or clear) string lights used on commercial premises in connection with commercial purposes.

Any sign which:

Has any flashing lights visible from the outside;

Flashes, rotates, or has motorized moving parts that are visible from a public way;

By reason of its size, location, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety in the opinion of the Building Commissioner by obstructing the vision of drivers, or detracting from the visibility of any traffic sign or control device on public streets and roads;

Obstructs free ingress to or egress from a required door, window, fire escape or other required exitway or which obstructs a window, door or other opening for providing light or air or interferes with property function of the building; all projecting and hanging signs must be installed at a minimum height of six feet six inches from the ground or sidewalk level;

Is structurally unsafe;

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment;

Is not kept in good repair or is capable of causing electrical shocks to persons likely to come in contact with it;

(8)

Makes use of words such as STOP, LOOK, or DANGER, or any phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic;

(9)

Uses spinners, and streamers except as specified under temporary signs;

(10)

Is affixed to a fence, utility pole or structure, or tree, shrub, rock, or other natural object.

Any sign that no longer advertises a bona fide business conducted or product sold on the premises.

9.5.4

Permitted signs. The types of signs permitted in each district shall be as follows:

[Amended 6-10-2019 STM by Art. 2]

	Residence A-1, A-2, and General Residence	FBC, Mixed-Use Transitional	General Business, Light Industrial, and Industrial, Health Care Services
Permanent Signs:
Canopy	Y	Y	Y
Freestanding	Y	Y	Y
Marquee	N	Y	Y
Horizontal blade	N	Y	N
Projecting	Y	Y	Y
Roof	N	N	N
Wall	Y	Y	Y
Temporary Signs:
Banner	Y	Y	Y
Freestanding	Y	Y	Y
Movable	N	Y	N
Wall	N	Y	Y

Y = Permitted

N = Prohibited

9.5.5

Size of signs. The maximum dimensions of permitted signs and the maximum number of permitted signs per lot shall be as shown in Appendix C, except that in a Business District, the Downtown Ayer/Park Street FBC District or an Industrial District, the following additional requirements shall apply.

[Amended 6-10-2019 STM by Art. 2]

The Maximum Sign Area shown in Appendix C[1] shall apply to the combined area of all signs on a lot. For example, in a building with two commercial tenants in the Downtown Ayer/Park Street FBC District, the maximum number of signs permitted shall be two, and the sign area of both signs combined shall not exceed one square foot per lineal foot of primary building frontage.

Editor's Note: Appendix C is included as an attachment to this chapter.

For buildings under 50,000 square feet of gross floor area, no wall sign shall exceed 10% of the building elevation to which it is affixed; for buildings of 50,000 square feet or more, the maximum shall be 5% of wall elevation area. Illuminated portions of the facade, canopy, mansard, or wall elevation shall be included in the calculation of sign area.

No wall sign shall exceed 20% of the length of the building elevation to which it is affixed.

9.5.6

Permit not required. The following types of signs do not require a permit from the Building Commissioner:

Residential signs not exceeding one square foot in area and bearing only property numbers, post box numbers, or names of occupants of premises.

Other signs not exceeding one square foot in area.

Flags and insignia of any government, except when displayed in connection with commercial promotion.

Legal notices, identification information or direction signs erected by governmental bodies.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

9.5.7

Construction and maintenance of signs.

All signs shall be constructed of durable and weatherproof material. They shall be maintained in safe structural condition and good visual appearance at all times, and no sign shall be left in a dangerous or defective state. The Building Commissioner shall have the authority to inspect any sign and order the owner to paint, repair or remove a sign which constitutes a hazard or a nuisance due to improper or illegal installation, dilapidation, obsolescence or inadequate maintenance.

No sign shall be painted or posted directly on the exterior surface of any wall, including windows and doors. All signs must be painted, posted or otherwise securely affixed to a substantial intermediate removable surface, and such surface shall be securely affixed to the wall of the building. However, the foregoing shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of 1/4 of an inch. The material of the sign and intermediate surface, and the manner of affixing the sign to the intermediate surface and of the intermediate surface to the wall of the building, shall be subject to the approval of the Building Commissioner for the purpose of protecting the safety of the public. Notwithstanding the foregoing, signs may be painted or posted on the interior surface of any wall, including windows and doors.

§ 320-9.6 Land clearing and grading.

9.6.1

Purposes. The purposes of this section are to:

Protect the health, safety and property of residents of the Town of Ayer by regulating clearing and grading activities associated with land development, preserving existing trees and vegetation, preventing erosion and sedimentation of wetlands, ponds and other water bodies, controlling stormwater runoff, minimizing fragmentation of wildlife habitat and loss of vegetation;

Limit land clearing and alteration of natural topography prior to development review;

Protect specimen trees and significant forest communities from damage or removal during site development;

Protect water quality of adjacent wetlands and surface water bodies;

Encourage the use of best management practices that prevent and reduce nonpoint source of pollutants;

Encourage land development and site planning practices that preserve the Town's scenic features without preventing the reasonable development of land;

Protect archaeological and/or historic resources.

9.6.2

Applicability.

Except as provided in Subsection B below, this § 320-9.6 shall apply to any clearing or grading of more than 10,000 square feet of land, or in increments such that the total land area of abutting property within the control of any person graded in a twelve-month period will exceed 10,000 square feet. No person shall commence any grading or clearing as defined herein without first obtaining site plan approval by the Planning Board under § 320-3.5.

Exemptions. The § 320-9.6 shall not apply to the following activities:

Agricultural uses exempt under MGL c. 40A, § 3;

Clearing and grading in conjunction with construction of residential buildings or accessory structures if the land area to be cleared or graded is less than 10,000 square feet;

Removal of hazardous trees, as defined in this bylaw;

Routine maintenance of vegetation and removal of dead or diseased limbs and/or trees necessary to maintain the health of cultivated plants, to contain noxious weeds and/or vines, or to remedy a potential fire or health hazard or threat to public safety, when carried out by the Town of Ayer or by any agency of the commonwealth or the federal government;

Maintenance of public and private streets and utilities within Town-approved roadway layouts and recorded easements;

Construction or installation of public utilities;

Activities conducted under an earth removal permit under § 320-9.7 or an order of conditions issued by the Ayer Conservation Commission.

Submission requirements. When land clearing and grading requires site plan review, the submission requirements shall be in accordance with the rules and regulations of the Planning Board. Site plan submissions shall include sufficient information for the Planning Board to determine that the proposed land clearing and grading complies, or will comply, with the provisions of this § 320-9.6.

Review standards. The applicant shall demonstrate compliance with the following standards in the clearing or grading of the site:

Minimize site alteration and land clearing. Site and/or building design shall preserve natural topography outside the development footprint to reduce unnecessary land disturbance and to preserve natural drainage channels on the site. Roots shall be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utility installation shall be utilized wherever feasible to protect root systems of trees.

Protect wildlife habitat. Activities covered by this section shall be designed in such a way as to avoid impacts to rare and endangered species and wildlife habitat on a site. This standard shall apply only to a site that the Natural Heritage and Endangered Species Program (NHESP):

Has determined to include priority habitat, as documented in the Natural Heritage Atlas; or

Has delineated as significant habitat, prior to the date of submission to the Planning Board.

Protect understory vegetation. Understory vegetation beneath the dripline of preserved trees shall also be retained in an undisturbed state. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.

Employ proper site management techniques during construction:

BMPs shall be employed to avoid detrimental impacts to existing vegetation, soil compaction, and damage to root systems; and

The extent of a site exposed at any one time shall be limited through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

Protect the site during construction through adequate erosion and sedimentation controls:

Temporary or permanent diversions, berms, grassed waterways, special culverts, shoulder dikes or such other mechanical measures as are necessary may be required by the Planning Board to intercept and divert surface water runoff. Runoff flow shall not be routed through areas of protected vegetation or revegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed to BMPs such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 2:1.

Erosion and sedimentation controls shall be constructed in accordance with the most current edition of the Department of Environmental Protection's Erosion and Sediment Control Guidelines for Urban and Suburban Areas.

Erosion control measures shall include the use of erosion control matting, mulches and/or temporary or permanent cover crops. Mulch areas damaged from heavy rainfalls, severe storms and construction activity shall be repaired immediately.

(d)

Erosion control matting or mulch shall be anchored where plantings are on areas subject to mulch removal by wind or water flows or where side slopes are steeper than 2:1 or exceed 10 feet in height. During the months of October through March when seeding and sodding may be impractical, anchored mulch may be applied with the approval of the Planning Board or applicable special permit granting authority.

(e)

Runoff from impervious surfaces shall be recharged on the site by stormwater infiltration basins, vegetated swales, constructed wetlands or similar systems covered with natural vegetation. Runoff shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only where other methods are not feasible. All such basins and wells shall be preceded by oil, grease, and sediment traps. The inlets of all catch basins shall be fitted with filter fabric during the entire construction process to minimize siltation or such basins shall be designed as temporary siltation basins with provisions made for final cleaning.

(f)

The applicant shall be required to conduct weekly inspections of all erosion and sedimentation control measures on the site to ensure that they are properly functioning as well as to conduct inspections after severe storm events.

Revegetate the site immediately after grading:

Proper revegetation techniques shall be employed using native (noninvasive) plant species, proper seedbed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading.

A minimum of four inches of topsoil shall be placed on all disturbed surfaces that are proposed to be planted unless the Town Engineer recommends a different standard in written comments to the Planning Board or applicable special permit granting authority.

Finished grade shall be no higher than the trunk flare(s) of trees to be retained. If a grade change of six inches or more at the base of the tree is proposed, a retaining wall or tree well may be required.

Monitoring and inspections.

Prior to commencement of construction, the applicant, landowner, contractor and construction crew, Director of Public Works, Town Engineer, Building Commissioner and site engineer shall conduct a meeting to review the proposed construction phasing and number and timing of site inspections.

Initial site inspection of erosion and sedimentation controls and placement of tree protection measures shall occur after installation of barriers around preserved areas and construction of all structural erosion and sedimentation controls, but before any clearing or grading has begun.

Routine inspections of preserved areas and erosion and sedimentation controls shall be made at varying intervals depending on the extent of site alteration and frequency and intensity of rainfall.

Effective stabilization of revegetated areas must be approved by the Town Engineer before erosion and sedimentation controls are removed. The Town Engineer shall complete an inspection prior to removal of temporary erosion and sedimentation controls.

As-built plan. Upon completion of the work, the applicant shall submit an as-built plan to the Building Commissioner. The as-built plan shall include, at a minimum and as applicable to the project, elevation of all pipe inverts and outlets, pipe sizes, materials, slopes; all other drainage structures; limits of clearing, grading and fill; all structures, pavement; contours; and all dates of fieldwork. The drainage system shall also be certified by a professional engineer stating the drainage system was built substantially in accordance with the design and will perform as designed. Upon approval by the Building Commissioner, one Mylar and three paper copies of the as-built plan shall be submitted in addition to an electronic copy compatible with the Town of Ayer's GIS system.

§ 320-9.7 Earth removal.

9.7.1

Noncommercial removal of sod, loam, sand, gravel, and stone. Removal of sod, loam, sand, gravel or other earth products in connection with construction of buildings, driveways, parking areas or paved surface installations on the premises for which a permit has been issued and is in full force and effect is permitted anywhere in the Town of Ayer, provided that all sod, loam, and topsoil removed in conjunction with the foregoing shall be stockpiled on the premises until completion of the project and that no less than six inches of topsoil remain over the disturbed area. The transfer of sod, loam, topsoil, sand, gravel, clay or stone from one part of a lot to another in the same ownership is permitted.

9.7.2

Commercial earth removal.

The removal for commercial purposes of sod, loam, sand, gravel, clay, stone, or other earth products from the site and from any location within the Town of Ayer to any other location in the Town is allowable by special permit or as a permitted use as indicated in the Table of Use Regulations in Appendix A,[1] provided that:

The removal would not be contrary to the intent and purpose of this bylaw;

The applicant submits a plan, when required by the Board of Appeals, showing the existing grades in the area from which the above material is to be removed, together with finished grades at the conclusion of the operation;

The plan provides for proper drainage, and no bank exceeds a slope of one foot of vertical rise to 1 1/2 feet of horizontal scale except in ledge rock; and

The plan shows the extent of the removal proposed and no removal shall take place within 20 feet of a property line; except where such permitted removal will result in unsightly or unusable land, in which case appropriate grading shall be provided.