A.
Adequate off-street parking must be provided within
a reasonable distance to service all parking demand created by new
construction, whether through new structures or additions to old ones,
and by change of use, except in the B-1 District, to which these requirements
do not apply, unless otherwise provided for below. Such parking shall
be either on the same premises as the activity it services or within
600 feet on a separate parcel, which may be jointly used with other
premises for this purpose if permitted in the Use Regulation Schedule.
(1)
The following minimums must be met unless these are
reduced on special permit from the Zoning Board of Appeals, upon determination
that special circumstances render a lesser provision adequate for
all parking needs. Any reduction of existing off-street parking due
to construction or change of use shall require a special permit from
the Zoning Board of Appeals.
B.
Schedule of requirements.
(1)
Dwellings: two spaces per dwelling unit.
(2)
Offices or stores: one space per 250 square feet leasable
floor area or fraction thereof.
(3)
Restaurant or place of assembly: one space per four
seats.
(4)
Bowling alley: four spaces per lane.
(5)
Nursing home or hospital: one space per four beds.
(6)
Manufacturing, research and testing laboratories:
one space per 1.3 employees at the largest shift plus one space per
2.6 employees at the second largest shift.
(7)
Bed-and-breakfast: one space per guest room plus two
spaces for residents.
C.
No off-street parking or loading area shall be maintained
within 15 feet of a street line or, if servicing a use not allowed
in a residential district, within 10 feet of said district bounds.
D.
Not more than one parking area entrance and one exit
shall be permitted onto a street per 200 feet of frontage or fraction
thereof. Parking areas for six or more cars shall be so designed and
located that their use does not require backing onto a public way.
E.
Adequate off-street loading facilities and space must
be provided to service all needs created by new construction or new
use, whether through new structures or uses or additions to old ones,
and by change of use of existing structures. Facilities shall be so
sized and arranged that no vehicles need back onto or off a public
way or be parked on a public way while loading, unloading, or waiting
to do so.
F.
No entrance, exit or access drive for other than residential
uses shall be located within 40 feet of an intersection of streets.
G.
The intersection of the tangents of any vehicular
exit line and street line shall not be within a ten-foot radius of
any building.
H.
Driveways and curb cuts.
(1)
Purpose. The purpose of this Subsection H is to provide maximum protection to the public through the orderly control of traffic moving onto and off of streets, uniform design and layout of new driveways and entrances (curb cuts), adequate vehicular access to a lot and drainage of surface water.
(2)
Procedures.
(a)
The Department of Community Development shall
issue permits for all proposed curb cuts and street access points.
(b)
Appeals of decisions may be made to the Zoning
Board of Appeals.
(c)
No curb cut permit shall be issued until all
relevant state and local permits are secured. Before approval is granted,
the application shall be referred to the Department of Public Works
and, if necessary, the Conservation Commission.
(d)
The Community Development Director may require
plans and specifications deemed necessary for adequate review.
(e)
Installations carried out by private contractors
are subject to inspections by the Adams Department of Public Works
before, during and after actual installation.
(3)
Design and construction standards.
(a)
Entrances shall be located to the best advantage
with regard to street alignment, profile, sight distance and safety
conditions.
(b)
Driveways, entrances (curb cuts) and vehicular access to and from a lot shall be through the frontage, except that the Planning Board may issue a special permit allowing driveways, entrances and vehicular access to a lot over a side or rear lot line if the proposed location meets the criteria listed in § 125-4.
(c)
Driveways serving residential uses shall have
one curb cut for lots with frontage of less than 200 feet. Curb cuts
for one- and two-family units shall be considered one-way access.
(d)
Driveways serving residential uses with an excess
of 200 feet of frontage may be allowed two curb cuts, each to be considered
one-way.
(e)
Driveways serving 20 units or more of residential
units or commercial/industrial uses may be allowed two curb cuts,
each to be considered two-way, with a minimum of 200 feet between
each curb cut.
(f)
Curb cut width shall be measured from between
the edges of the road surface at the intersection with the right-of-way.
|
Residential
|
Commercial/Industrial
| ||||
|---|---|---|---|---|---|
|
Minimum
|
Maximum
|
Minimum
|
Maximum
| ||
|
One-way
|
10 feet
|
14 feet
|
12 feet
|
16 feet
| |
|
Two-way
|
12 feet
|
18 feet
|
22 feet
|
26 feet
| |
(g)
Wherever possible, driveways shall have a stopping
area of no greater than four-percent (4%) slope for a distance of
12 feet back from the edge of the road surface.
(h)
Wherever possible, residential curb cuts are
to be set back 50 feet or more from a street corner measured between
the nearest edge of the driveway and the cross road edge of pavement.
(i)
Any adjacent disturbed areas before, during
and after construction shall be stabilized so as to prevent erosion
onto the subject property, abutting property and/or onto the roadway.
Disturbed areas shall be graded and seeded within 30 days of curb
cut installation.
(j)
Curb cuts off state highways shall conform to
Massachusetts Department of Public Works standards and regulations.
I.
Common driveways. If driveway access is provided,
each lot shall be serviced individually, except that the Planning
Board may issue a special permit for a common driveway serving up
to four lots if the following minimum requirements are met:
(1)
An easement providing permanent access for all properties
served by the driveway shall be provided upon application and, if
approved, recorded in the Registry of Deeds.
(2)
The special permit shall state that the driveway is
not a private road or a public road, that it does not meet the standards
for a Town road, and that the driveway shall permanently remain a
private driveway.
(3)
The grade, length and location of common driveways
shall be constructed and maintained to provide:
(a)
Adequate access and turnaround for vehicles,
including sanitary and emergency vehicles, year round. A turnaround
area shall be provided at the end of the driveway so that vehicles
do not need to enter onto adjoining lots. The Planning Board may require
passing turnouts depending on the length and design of the proposed
driveway.
(b)
A width of at least 14 feet with drainage and
culverts where the Planning Board deems necessary.
(c)
Any additional storm drainage generated by the
new driveway shall not run onto any adjacent property except through
an approved drainage system.
(d)
A maximum grade of 10%.
(e)
A maximum length of 600 feet.
(f)
The driveway entrance shall be located a minimum
of 50 feet from any street intersection.
(g)
No parking areas or structures shall be allowed
in the driveway right-of-way.
(h)
The driveway shall have a minimum three-inch
crown, a twelve-inch gravel base and a surface material deemed appropriate
by the Planning Board.
(4)
Approval from the Development Cabinet shall be obtained
prior to the granting of the special permit.
(5)
No common driveway shall be extended to serve additional
lots subsequently created.
(6)
Land held in common ownership with lots served by
a common driveway at the time the lots were created shall not be subsequently
subdivided to be served by another common driveway.
(7)
The Planning Board may deny the special permit if it determines that the land being subdivided is better served by individual driveways or subdivision approval under Chapter 201, Subdivision Regulations, of the Town Code.
(8)
Ownership and maintenance of a common driveway shall
be assured through a restrictive covenant, satisfactory to the Planning
Board, which binds current and future owners of each lot served by
the common driveway to the responsibility for maintenance, repair
and reconstruction of the common driveway. A draft covenant shall
be submitted for approval with the special permit application and
shall include but not be limited to specific standards for maintenance
and repair of the drainage system, provision for allocating financial
responsibility and a procedure for resolution of disagreements. If
the special permit is granted, the covenant shall be recorded at the
Registry of Deeds and shall be made part of every deed to every lot
served by the common driveway.
(9)
The Planning Board may require a performance bond
or other security for the completion of the common driveway. Such
security shall be posted prior to construction of the driveway. The
driveway shall be completed, inspected by the Planning Board or its
designee, and the security released prior to the issuance of occupancy
permits for the lots served by the common driveway.
A.
Every use, structure or fixture shall be so arranged
that any glare or radiant heat produced is shielded so as not to be
perceptible at or beyond any boundary line of the lot on which the
use is located. Exterior lighting, including but not necessarily limited
to lighting of exterior walls of buildings from an external light
source and lighting of parking areas, signs, walks and drives, shall
be arranged in such a manner as to direct light away from other lots
and public ways.
B.
Every use shall be so operated that resultant ground
vibrations are not discernible without the use of instruments at any
boundary line of the lot on which the use is located for more than
three minutes' duration in any one hour of the day. The above shall
not apply to those vibrations caused by motor vehicles, trains, aircraft,
or water vessels being operated in a manner normally incidental to
the principal use.
C.
The Building Inspector may require that the applicant
for a facility whose future compliance with these standards is questionable
furnish evidence of probable compliance, whether by example of similar
facilities or by engineering analysis. Issuance of a permit on the
basis of that evidence shall certify the Town's acceptance of the
conformance of the basic structure and equipment, but future equipment
changes and operating procedures must be such as to also comply with
these standards.
D.
Noise.
(1)
Maximum permitted sound-pressure levels.
|
Octave Band Center Frequency of Measurement
(Hz)
|
Octave Band Level for Business/Industrial
Zones in Decibels
|
Octave Band Level for Residential Zones
and for Uses Abutting Residential Zones
| |
|---|---|---|---|
|
31.5
|
79
|
54
| |
|
63
|
78
|
53
| |
|
125
|
73
|
48
| |
|
250
|
68
|
45
| |
|
500
|
62
|
41
| |
|
1,000
|
56
|
37
| |
|
2,000
|
51
|
34
| |
|
4,000
|
47
|
32
| |
|
8,000
|
44
|
30
|
|
Notes:
| |||
|---|---|---|---|
|
l.
|
Acoustical terminology is that most recently
approved by the American National Standards Institute (ANSI).
| ||
|
2.
|
Reference pressure shall be 0.0002 microbars.
| ||
|
3.
|
Hz is the abbreviation for Hertz, which means
cycles per second.
| ||
|
4.
|
For preliminary survey and monitoring the approximate
single number, 65 dB(A) may be used for commercial and industrial
zones and 40 dB(A) may be used for residential zones and for uses
abutting residential zones.
| ||
|
5.
|
dB(A) shall mean A-weighted sound pressure level
in decibels as measured on a general purpose sound-level meter complying
with the provisions of American Standard for General Purpose Sound-Level
Meters (Sl.4-1971), ANSI or OSI (1999), properly calibrated, and operated
on the “A” weighting network.
| ||
(2)
Measurements to determine compliance with these standards shall be provided by the applicant upon request by the Building Inspector. Such measurements may be made by any public or private agency, firm, or person competent to perform such activity. All measurements shall be obtained through the utilization of procedures and equipment approved by the Town of Adams, and measurements shall be taken at property lines of subject property and at adjoining properties as directed by the Town of Adams. This Subsection D shall not apply to the operation of farm machinery accessory to agricultural uses.
E.
All resulting cinders, dust, flashing, fumes, gases,
odors, refuse matter, smoke, vapor, radioactive emission, or other
atmospheric pollutant which is inherently harmful and likely to destroy
life or impair health or is capable of causing injury to the well-being
of persons or damage to property shall be effectively regulated and
disposed of so as to avoid any nuisance or hazard to the public's
health or safety. Such air pollutants shall not exceed any limits
established by the Adams Board of Health, under the provisions of
MGL c. 111, § 31C, titled “Atmospheric pollution;
regulation and control; publication; hearings; penalties; enforcement;
jurisdiction; injunction,” any other statute, or 310 CMR 6.0,
7.0 or 8.0. These standards shall not apply to conventional residential
heating appliances.
A.
General provisions.
(1)
No signs that advertise a nationally or regionally
advertised product shall be allowed, except that a franchised dealer
may display the trademark of his product on his sign, and a gasoline
station may display the trademark of that particular gasoline company
on said sign. Endorsements or approvals may also be displayed as part
of a single sign.
(2)
Standing signs are prohibited except as they may be
authorized in particular instances by the Zoning Board of Appeals
when it determines that the nature of use of the premises, the architecture
of the building, or its location with reference to the street is such
that a sign should be permitted in the public interest. In granting
such permission, the Zoning Board of Appeals shall specify the size,
height, type and location of the sign and impose such other terms,
restrictions and conditions as it may deem to be in the public interest.
The maximum size that can be authorized shall be 32 square feet.
(3)
The most restrictive case of sign allowance shall
always apply in the application of this section.
(4)
All signs shall be prepared in a professional manner.
B.
Illumination, motion and noise regulations.
(1)
Signs shall be illuminated only by steady, stationary,
shielded light directed solely at the sign, without causing glare
for motorists, pedestrians or neighboring residential premises.
(2)
Except for indicators of time and temperature, no
sign or part of any sign shall flash, move or make noise.
(3)
Neon signs shall be allowed within windows up to 10%
of the total window area, not to exceed a total of six square feet.
C.
Location requirements.
(1)
Signs shall not be painted or posted directly on the
exterior surface of any wall but rather shall be affixed to a substantial
intermediary removable surface securely affixed to the building.
(2)
No sign shall protrude over public property more than
three feet.
(3)
No signs or flags shall be placed within or projecting
over a public way or on public property unless authorized by the Board
of Selectmen as required by MGL c. 85, § 8. No signs shall
be placed on shade trees without approval of the Tree Warden as required
by MGL c. 87, § 9.
D.
Temporary signs.
(1)
Temporary signs listed below shall be allowed for
up to 12 months in any district without necessity of a permit:
(a)
An unlighted sign of up to 10 square feet indicating
parties involved in construction on the premises.
(b)
An unlighted sign of up to eight square feet
pertaining to lease or sale of the premises.
(c)
A sign of up to 10 square feet pertaining to
a subdivision while under development.
(d)
Signs inside display windows covering not more
than 30% of the window area, illuminated by building illumination
only.
(3)
Temporary signs, posters, banners or the like for
the opening of a new business shall be permitted within the limits
prescribed for permanent signs. All such signs shall be identified
on a permit from the Building Inspector. Such devices shall be removed
within 60 days of the opening of said business.
E.
Permitted accessory signs in Residence and Forest
Recreation District (B-3).
(1)
One sign for each family residing on the premises
indicating the owner or occupant or pertaining to a permitted accessory
use shall be permitted, provided that no sign shall exceed two square
feet in area.
(2)
One sign pertaining to permitted buildings and uses
of the premises other than dwellings and their accessory uses shall
be permitted, not to exceed 5% of the area of the wall it is viewed
with and in no case more than six square feet.
(3)
Illumination of signs in residential districts shall
be by white light and indirect method only.
F.
Permitted accessory signs in Business and Industrial
Districts (B-1, B-2, I and IP).
(1)
Signs attached to a building shall be permitted provided that they aggregate not more than 5% of the wall area they are viewed with, subject to the guidelines in Subsection F(4).
(2)
There shall be not more than one exterior sign for
each business establishment, except that if there is more than one
public entrance to any such business establishment, there may be one
additional secondary sign for each such additional entrance, provided
that the aggregate area of all such secondary signs shall not exceed
50% of the maximum permissible area authorized and further provided
that not more than one secondary sign per building face shall be allowed,
that any secondary signs shall be at least 30 feet from each other,
and that such secondary signs shall be located at such entrances.
(3)
In addition to the foregoing sign or signs, one directory
of the business establishments occupying a building may be affixed
to the exterior wall of the building at each public entrance to the
building. Such directory shall not exceed an area of one square foot
for each establishment occupying the building.
(4)
Signs located on business property, or limited industrial
property, shall be according to the following guidelines:
(a)
A limit of 16 square feet per 40 feet, or less,
of building frontage occupied by the applicant.
(b)
Building frontages greater than 40 feet shall
be allowed to add two square feet per five feet of frontage up to
a maximum of 32 square feet.
(c)
Combined frontages on more than one street shall
be allowed two square feet per five feet of total building frontage
occupied by the applicant up to a maximum of 48 square feet.
(d)
Signs located on business property, or limited
industrial property, may not rise more than two feet above the eave
line.
(e)
Only one sign per business shall be allowed
in a shopping center, and the sign must be located on the building
in which the business is located.
(5)
Each business establishment may display one flag indicating
“Open,” “Welcome,” other greeting, or the
business logo but shall not advertise a nationally or regionally advertised
product or service. Maximum size that can be allowed shall be 16 square
feet. Flags shall not be considered as standing signs.
G.
Permitted nonaccessory signs. No billboard or other
nonaccessory sign shall be permitted. However, a nonaccessory directional
sign not exceeding 10 square feet in area designating the route to
an establishment not on a state highway may be allowed in any district
on special permit from the Zoning Board of Appeals, subject to its
finding that such sign will promote the public interest, will not
endanger the public safety, and will be of such size, location and
design as will not be detrimental to the neighborhood.
H.
Administration.
(1)
No sign, except those specifically exempted by this
chapter, shall be erected without a permit issued by the Building
Inspector, application for which shall be accompanied by such scale
drawings or photographs as the Building Inspector may require.
(2)
Legally nonconforming signs, except those regulated by MGL c. 93, § 29, shall be governed by § 125-7C, Nonconformancy.
(3)
All signs, whether erected before or after the effective
date of this chapter, shall be maintained in a safe condition to the
satisfaction of the Building Inspector.
(4)
Any sign which has been abandoned or advertises any
product, business or activity which is no longer sold or carried on
for at least 60 days must be removed within 30 days by the owner of
the premises after notice to that effect from the Building Inspector.
A.
Outdoor parking lots (screening and landscaping requirements).
(1)
On at least three sides of the perimeter of an outdoor
parking lot for 10 or more cars, a screening scheme shall be installed.
The scheme could include a combination of vegetative plantings and
fencing or strictly vegetative plantings, evergreen or deciduous in
nature, to be determined through site plan review. In performing a
site plan review, the Planning Board may authorize alternatives to
these specifications, taking into consideration existing vegetation,
topography, soils, and other site conditions, provided that appropriate
screening, shading and articulation are achieved. In the interior
part of an outdoor parking lot where two rows of parking spaces containing
a total of 10 or more parking spaces face each other, a landscaped
open space separated from the parking area by a suitable curb with
at least four inches vertical and not less than six feet in width
shall be provided. The landscaped strip may be provided either between
the rows of parking spaces parallel to the aisle or in two or more
strips parallel to the spaces and extending from the aisle serving
one row of spaces to the aisle serving the other row of spaces and
shall contain at least one tree per 30 linear feet.
(2)
Trees required by this section shall be canopy-forming
deciduous trees at least 2.5 inches in diameter at a height four feet
above the ground at time of planting and shall be of a species characterized
by suitability and hardiness for location in a parking lot. To the
extent practicable, existing trees shall be retained and used to satisfy
this section.
B.
Grading and erosion. Site design, materials, and methods
of construction or operation shall be designed to avoid erosion damage,
sedimentation or uncontrolled surface runoff, including conformity
with the following:
(1)
Requirements.
(a)
Slopes of 10% or greater that result from grading,
construction, or other land alteration shall be stabilized either
through a structural retaining wall or cribbing, or through vegative
slope stabilization, comprising not less than four inches of topsoil
planted densely with plants having shallow fibrous roots sufficient
to retain the soil, such as grasses, legumes, dogwood, amur privet,
rugusa, rose or bayberry. The Building Inspector may require mulch
or other temporary stabilization measures. Either a constructed surface
or cover vegetation will be provided not later than the first full
spring season immediately following filling or stripping, and in the
case of building demolition the site will be graded in accordance
with the State Building Code.
(b)
Placing more than 100 cubic yards of fill on any parcel or raising ground level by three vertical feet or more within any required yard shall require a permit from the Building Inspector, which shall be issued only upon demonstration that all provisions of this Subsection B are being complied with; that reasonable care is being taken to avoid harmful diversion of water affecting adjoining properties; that mature trees are being reasonably protected; and that no resultant slope exceeds one foot vertically to two feet horizontally. Either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following filling or stripping, and in the case of building demolition the site will also be graded in accordance with the State Building Code.
(c)
Maximum allowable slope from any activity is
one foot vertical for each two feet horizontal.
(d)
Erosion from one property onto another resulting
from construction activity or change in land use or other activity
is prohibited.
(2)
Special permits required.
(a)
Each of the following shall require a special
permit from the Zoning Board of Appeals:
[1]
Placing more than 200 cubic yards of fill on
any parcel.
[2]
Raising ground level within any required yard
by six feet or more.
[3]
Simultaneously exposing more than 80,000 square
feet of bare earth through either removal or filling unless in conjunction
with agricultural activity or in conjunction with a currently valid
building or use permit or within streets which either are public or
shown on an approved subdivision plan.
[4]
Construction or grading on more than 1,000 square
feet of land where the average natural slope exceeds 25%.
(b)
Submission requirements. Application for a special
permit shall include a plan showing existing and proposed grades at
key locations, vegetation (or other surface cover) and description
of temporary or permanent impoundment basins or other methods proposed
for controlling erosion, sedimentation, or other soil instability
during and after construction. The Zoning Board of Appeals may require
the applicant to submit a report from the Soil Conservation Service
or soil loss calculations prepared by a soils scientist or engineer
in cases of doubt as to the adequacy of proposed measures. The Board
may also require the furnishing of a performance bond or other security
during the construction period. The Zoning Board of Appeals shall
obtain a recommendation from the Conservation Commission.
(c)
Review criteria. Such special permit shall be
granted only if the Board determines that adequate provisions have
been made for control of erosion, sedimentation, and runoff, both
during and after construction, for avoidance of unsightly conditions
and for protection against other environmental degradation.
C.
Screening and buffering requirements.
(1)
All parking areas for five or more cars, all outdoor
sales display areas, all mobile home parks, all business uses and
industrial uses (see the Use Regulation Schedule), all contractors'
yards, open storage and loading service yards and all commercial outdoor
recreation shall be screened from any adjacent residential use or
district in accordance with the following schedule:
|
Zone
|
Screening Requirement
|
Buffer Width
| |
|---|---|---|---|
|
I and B2
|
Greenbelt
|
30 feet
| |
|
IP
|
Greenbelt
|
40 feet
| |
|
B1
|
Barrier
|
5 feet
|
(2)
Such greenbelt shall consist of three staggered rows,
each row eight feet apart, of substantially sight-impervious evergreen
foliage at least eight feet in height or planting of shrubs and trees
complemented by a sight-impervious fence of at least six feet but
not more then eight feet in height or such other type of landscaping
as may be required under site plan approval. In all developments,
to the extent practicable, existing trees shall be retained and used
to satisfy the provisions of the minimum lot landscaping.
(3)
Such barriers shall consist of at least sight-impervious
fence satisfying the requirements of all greenbelt fence and may be
supplemented by additional plantings as required under site plan approval.
(4)
Buffers shall be for the sole purpose of accommodating
the screening and other landscaping as may be required and shall not
be used for any other purpose.
D.
Permitted uses in a required front yard. No parking,
loading or outdoor sales or display areas shall be permitted in any
required front yard. Such yard shall be landscaped to include at least
a single row of canopy-forming trees planted no more than 30 feet
on center and of no less than two inches in caliper when planted.
E.
Industrial Park District landscape buffer. In an Industrial Park (IP) District, a landscaped buffer 40 feet wide shall be placed adjacent to any general use public street (not including any street internal to the industrial park, whether or not such street forms a through way or is open to general public use). Such landscaped buffer shall consist of open space planted in grass and at least a single row of canopy-forming trees which when planted shall be of at least 2 1/2 inches in caliper. Such landscaped buffer shall be left as open space and shall not be used for any other use except for one nonaccessory sign in conformance with the requirements of § 125-15 of this chapter and no more than two roadway crossings.
F.
Satellite television antennas.
(1)
Standard satellite television and radio antennas are
permitted in all zoning districts unless the installed device is higher
than 15 feet, in which case the installation requires a special permit
from the Zoning Board of Appeals.
(2)
No satellite television and/or antenna shall be placed
in any required accessory yard. Relief from this requirement will
require a variance from the Zoning Board of Appeals.
(3)
All satellite television and/or radio antennas shall
be screened from view by plantings, shrubs, trees or other suitable
means insofar as possible without interfering with reception of satellite
signals and shall not be illuminated in any way.
A.
No person shall permit more than one unregistered
motor vehicle or major part or portion of a motor vehicle to remain
for more than 30 consecutive days on premises owned, occupied, or
controlled by him if the vehicle or parts are within view from any
public way or abutting property, unless the vehicle is regularly operated
on the premises or unless the premises are duly licensed under the
provisions of MGL c. 140, §§ 58 and 59.
B.
The Building Inspector shall ticket any vehicle in
violation of this section. The violator shall have a period of 14
days from notification in which to remove the vehicle. Any person
or entity who or which violates this section shall be subject to a
fine of $50. Each day of violation shall be a separate and distinct
offense. In the event of violation, the Building Inspector may give
to the offender a written notice to either appear before the Clerk
of the District Court at any time during office hours not later than
21 days after the date of such notice or mail the stipulated penalty
to said Clerk, as provided under MGL c. 40, § 21D.
A.
Purpose. The Floodplain District, in addition to the purposes enumerated in Article I of this chapter, is intended to protect human life and property from hazards of periodic flooding, to preserve natural flood-control characteristics and flood storage capacity of the floodplain, and to preserve and maintain the groundwater table and water recharge areas within the floodplain.
B.
District delineation. The general boundaries of the
Floodplain District are shown on the Adams Flood Insurance Rate Map
(FIRM) dated August 1, 1983, as Zones A and A1-30 to indicate the
one-hundred-year floodplain. The exact boundaries of the district
are defined by the one-hundred-year water surface elevations shown
on the FIRM and further defined by the flood profiles contained in
the Flood Insurance Study dated August 1, 1983. The floodway boundaries
are delineated on the Adams Flood Boundary Floodway Map (FBFM) dated
August 1, 1983, and further defined by the Floodway Data Tables contained
in the Flood Insurance Study. These two maps, as well as the accompanying
study, are incorporated herein by reference and are on file with the
Town Clerk, Planning Board, and Building Inspector.
C.
Use regulations. The Floodplain District is established
as an overlay district to all other districts. All development, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL c. 131, § 40
and with the requirements of the Massachusetts State Building Code
pertaining to construction in the floodplains.
D.
Permitted uses. There shall be allowed the following
uses which create a minimal risk of damage due to flooding and will
not constitute obstructions to flood flow, provided that they are
permitted in the underlying district and that they do not require
structures, fill, or storage of materials or equipment:
(1)
Agricultural uses, such as farming, grazing, truck
farming and horticulture.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including fishing, boating,
play area, etc.
(4)
Conservation of water, plants and wildlife.
(5)
Wildlife management areas and foot, bicycle and horse
paths.
(6)
Temporary nonresidential structures used in connection
with fishing, growing, harvesting, storage, or sale of crops raised
on the premises.
(7)
Buildings lawfully existing prior to the adoption
of these provisions.
E.
Special permits.
(1)
No structure or building shall be erected, constructed,
substantially improved, or otherwise created or moved, and no earth
or other materials shall be dumped, filled, excavated, or transferred,
unless a special permit is granted by the Zoning Board of Appeals.
(2)
Within 10 days of receipt of an application for a
special permit, the Board shall transmit one copy of the development
plan to the Conservation Commission, Board of Health, and Building
Inspector. Final action shall not be taken until reports have been
received from the above boards or until 35 days after the transmittal
of the development plan to the boards, whichever occurs first.
(3)
The Zoning Board of Appeals may issue a special permit
if the application complies with the following provisions:
(a)
The proposed use shall comply in all respects
with the provisions of the underlying district.
(b)
In the floodway prohibit all encroachments,
including fill, new construction, substantial improvement to existing
structures, and other development; the applicant shall provide certification
by a registered professional engineer demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the one-hundred-year flood.
(4)
The Zoning Board of Appeals may specify such additional
requirements and conditions as it finds necessary to protect the health,
safety, and welfare of the public.
F.
Subdivision standards for the Floodplain District.
All subdivision proposals and other proposed new development shall
be reviewed to determine whether such proposals will be reasonably
safe from flooding. If any part of a subdivision proposal or other
new development is located within the Floodplain District established
under this chapter, it shall be reviewed to assure that:
(1)
The proposal is designed so as to minimize the risk
of damage due to flooding.
(2)
All public utilities and facilities, such as sewer,
gas, electrical, and water systems, are located and constructed so
as to minimize or eliminate the risk damage due to flooding.
(3)
Adequate drainage systems are provided in order to
reduce exposure to flood hazards.
(4)
Base flood elevation data (the level of the one-hundred-year
flood) is provided for all proposals for development within the Floodplain
District.
G.
Health regulation pertaining to the Floodplain District.
The Board of Health, in reviewing all proposed water and sewer facilities
to be located in the Floodplain District established under this chapter,
shall require that:
(1)
New and replacement water supply systems be designed
to minimize or eliminate infiltration of floodwaters into the systems;
and
(2)
New and replacement sanitary sewage systems be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
H.
Conservation Commission duties. The duties of the
Conservation Commission shall be as follows:
(1)
To notify, in riverine situations, adjacent communities
and the Massachusetts Division of Water Resources, the state coordinating
agency, prior to any alteration or relocation of a watercourse where
an order of conditions has been issued and submit copies of such notification
to the Federal Insurance Administration.
(2)
To assure that the flood capacity within the altered
or relocated portion of any watercourse is maintained.
I.
Development regulations.
(2)
The placement of mobile homes, except in an existing
mobile home park or mobile home subdivision, is prohibited in the
floodway.
(3)
In A zones, in the absence of FIA base flood elevation
data, other available data shall be considered as a basis for elevating
residential structures to or above base flood level and floodproofing
or elevating nonresidential structures to or above base flood level.
(4)
In the regulatory floodway, any encroachment which
would cause any increase in the base flood level is prohibited.
A.
This section shall apply to all new uses or additions to existing uses or buildings or structures for which a site plan is required by Subsection E except when both of the following are met:
(1)
The project involves the use of an existing building
and no exterior changes, other than signage, standard exterior building
illumination (exits included) and trash containers (which are screened
from adjacent properties and street), and no site elements which mitigate
negative impacts are proposed for elimination; and
(2)
The proposed use is permitted as a matter of right
pursuant to the Use Regulation Schedule[1] of this chapter.
[1]
Editor's Note: The Use Regulation Schedule is included at the end of this chapter.
B.
Contents. Said site plan shall show the following:
(1)
All property boundaries and the use and ownership
of abutting land and the location and use of any building thereon
of the subject property.
(2)
All existing and proposed buildings, structures, parking
spaces, driveway openings, loading areas and service areas on the
subject property.
(3)
Provisions for screening, surfacing, lighting, landscaping
(including fences, wall, planting area and walks) and signs.
(4)
Provisions for waste disposal, drainage, dust, erosion
control and other utilities.
C.
Criteria. In reviewing such plans, the Planning Board
shall consider the following:
(1)
Protection of adjoining premises and the general neighborhood
from any detrimental impact resulting from the use of the subject
property, including but not limited to the creation of a nuisance
by virtue of noise, odor, unsightliness, signs or vibration.
(2)
Convenience and safety of vehicular and pedestrian
movement within the site and in relation to adjacent streets, properties
or improvements.
(3)
Adequacy of the methods of disposal for sewage, refuse,
and other wastes and of the methods of drainage of surface water.
(4)
Provisions for off-street loading and unloading of
vehicles incidental to the servicing of the buildings and related
uses on the subject property.
(5)
Projects involving in excess of five acres or 10,000
square feet of building shall require an environmental impact report
and performance bond (amount of bond to be determined by the Planning
Board) unless waived by the Board.
D.
Procedure.
(1)
A site plan subject to this section shall be submitted in duplicate to the Town Clerk, who shall give the applicant a dated receipt. The Town Clerk, within three days of receiving such a site plan, shall transmit one copy to the Building Inspector for his review. The Building Inspector shall, within five working days, report his findings and recommendations in writing to the Town Clerk. If the Building Inspector finds that the plan does not show the information specified in Subsection B above, he shall notify the Town Clerk in writing, who shall return the plan to the applicant with a copy of the Building Inspector's report. If the plan does comply, or if the Building Inspector fails to respond within five days, the Planning Board shall conduct a public hearing within 65 days of the receipt of the plan by the Town Clerk. The Community Development Department shall submit recommendations to the Board prior to the hearing, and if the proposed project must be authorized by a special permit or special permits, the special permit granting authority shall hold a hearing to act on the permit prior to the Planning Board's hearing. The Planning Board may, in approving such a plan, establish a time period within which the approval so granted shall be exercised. Such time period shall not exceed two years. The applicant shall be notified by the Town Clerk of a plan meeting the requirements of this section and of the actions taken or approval will be assumed and the Town Clerk shall issue a certification to that effect.
(2)
No building permit shall be issued for any building
or structure or use of land for which site plan approval is required
unless approval thereof shall have been obtained in compliance with
the above.
(3)
The Planning Board may adopt from time to time such
additional procedures, criteria, forms, etc., as it may deem appropriate
to administer this section.
E.
Uses requiring site plan approval. For the purpose
of assuring proper drainage and safe access, administering provisions
of this chapter in regard to parking and loading areas, signs, and
screening and to assure adequate consideration for abutting landowners,
a site plan shall be submitted for the following:
(1)
Restaurants.
(2)
Recreation, including golf courses, ski areas and
tows and parks, including amusement parks, schools, including nursery
and kindergarten schools, and dance and music studios.
(3)
Veterinary hospitals, stables and kennels, commercial
raising or breeding animals for sale, poultry farms and boarding animals.
(4)
Cemeteries, hospitals, sanitariums or other medical
institutions, including nonprofit research laboratories, nursing homes,
or charitable institutions.
(5)
Telephone exchange buildings, radio stations, or other
utility structures.
(6)
Buildings to house generators, boilers, and similar
equipment used in connection with greenhouses and farms.
(7)
Research laboratories.
(8)
Office buildings.
(9)
Multifamily dwellings.
(10)
Tourist homes and boarding or rooming houses,
hotels and motels.
(11)
Membership clubs.
(12)
Retail store or service establishment.
(13)
Gasoline service stations, garages and repair
shops.
(14)
Passenger depots and terminals.
(15)
Theater halls, bowling alleys, skating rinks,
clubs and other places of amusement or assembly.
(16)
Manufacturing enterprises.
(17)
Contractors' storage, warehouses and buildings
and wholesale distribution plants.
(18)
Printing and publishing establishments, photographic
studios, and medical or dental laboratories.
(19)
Storage tanks or yards either above or below
ground.
(20)
Construction of man-made body of water or alteration
of any body of water or diversion of any stream that is running.
(21)
Underground tanks or direct burial tank of any
fluid substance.
(22)
Signs when principal uses or accessory to uses
listed in this section.
(23)
Uses accessory to principal uses listed in this
section.
