Abington City Zoning Code
ARTICLE X
Environmental Performance
§ 175-61 General.
The requirements and regulations set forth in this section apply to all developments under this bylaw.
§ 175-62 Sewerage.
The disposal of sanitary wastes shall be accomplished in a safe and adequate manner subject to the rules and regulations of the Abington Board of Health and the Massachusetts Department of Environmental Protection. The proposed method of sanitary sewage disposal shall be shown precisely on plans.
§ 175-63 Surface water drainage.
[Amended 4-3-2023 ATM by Art. 22]
All surface water drained from roofs, parking lots, streets, and other site features shall be disposed of in a safe and efficient manner and shall not create problems of water runoff or erosion on the site in question or on other sites. Insofar as possible, natural drainage courses, swales properly stabilized with plant materials or paving when necessary, and drainage impounding areas shall be utilized to dispose of water on the site through natural percolation. Green roofs may be used on commercial, industrial, and similar construction for treatment of rooftop runoff, should appropriate site conditions and construction techniques allow for feasible implementation.
§ 175-64 Erosion control.
A.
All slopes shall be stabilized by adequate ground cover or other approved means to prevent erosion and to retard excessive runoff. Means of preventing erosion during construction shall be provided to the satisfaction of the Building Inspector.
B.
Natural slopes shall be retained insofar as possible when sitting structures. Finish contours shall direct surface drainage around structures rather than directly against them, using swales or other approved means.
C.
No portion of any lot whose slope equals or exceeds 20% shall have any structure built on it except by special permit from the Board of Appeals.
D.
Upon completion of grading and replacement of topsoil, slopes shall be appropriately stabilized according to the following guidelines: slopes greater than 35% should be avoided in most cases; slopes between 25% and 35%, riprap or terracing should be used; slopes between 10% and 25%, sod, or established vegetation or seedlings in association with webbing material placed over the soil; slopes between 4% and 10%, plant seed in association with webbing placed over the soil, or heavy mulch or gravel.
§ 175-65 Vegetation and preservation of tree canopy.
[Amended 4-3-2023 ATM by Art. 23]
A.
Purpose. The purpose of this section is to protect Abington's green canopy, help the Town mitigate the effects of climate change, keep Abington's roadways visually appealing, and meet the requirements of the Stormwater Permitting Authority's regulations, while providing applicants with appropriate and reasonable flexibility in their designs.
B.
As part of the documents required for a site plan review application or a definitive subdivision application, and in order to fulfill stormwater management requirements limiting site runoff caused by the removal of trees, applicants shall file a document containing a survey of all trees greater than 6 inches in diameter at 4 1/2 feet above ground level, and a map of the areas where proposed clearing activities will take place. Natural tree coverage and other desirable natural foliage shall be preserved on all lots to the maximum extent possible, except for areas where essential construction activity and the creation of reasonable yard areas will be taking place. All trees greater than 6 inches in diameter shall be indicated on all appropriate project documents.
C.
The applicant shall plant trees at a ratio of 1 tree for every 3 trees of 6 inches of diameter or greater removed, and the trees shall be of a species suited to the soil and climate of the area, shall be in healthy condition, and shall be a minimum of 20 feet in height and 6 inches in diameter 4 1/2 feet above ground level when mature.
D.
In designing their landscaping plan, applicants may choose from one of the following options:
(1)
Street trees - In order to provide a uniform streetscape look, the developer shall plant trees parallel to the street line and approximately every 90 feet if the trees are between 12-25 feet at full maturity, or every 70 feet if the trees are in excess of 25 feet of height at full maturity. A list of acceptable trees shall be available at the Planning Board office. Streetscape trees must be planted no closer than 5 feet from the edge of pavement or utilities.
(2)
Custom Groves - The developer may opt to plant a minimum of 4 trees in a manner that provides additional canopy, a natural boundary between property lines, a grove-style landscaping feature, or other enhanced landscaping designs. The trees shall be at least 20 feet in height at full maturity. The trees shall consist of a mix of varieties of appropriate native species or cultivars. A list of acceptable trees shall be available at the Planning Board office.
(3)
An alternative design that meets the spirit of this bylaw while also providing flexibility for the applicant based on topographical features, environmental needs, the location of utilities, or other factors that create a unique hardship.
E.
The permit granting authority shall review and vote whether to approve the landscaping plan as presented by the applicant if the landscaping plan meets the requirements of this bylaw.
§ 175-66 Buffer strips.
In order to protect residential land uses from potential noxious or disruptive effects of adjacent land uses of different character, the following buffer areas shall be provided:
A.
Where commercial, multi-unit residential or industrial uses adjoin existing residential properties or residential districts, whether developed or undeveloped, adequate buffering shall be provided along all lot lines adjoining the residential properties in addition to that required in § 175-29. A buffer strip of at least 20 feet in width shall be reserved and screening shall be provided in the form of a natural growth of trees, if existing; or a natural growth of trees and thick planting; or a double row of evergreen trees not less than eight feet in height and not more than 20 feet apart, the spacing of one row centered on the spacing of trees in the other; or a solid screen types fence six feet in height complemented by suitable plantings.
C.
The owner of property adjacent to residential properties shall cause the buffer zones to be provided and constructed at such time as the property is developed as permitted under this bylaw.
D.
Established business and industrial properties actively engaged in business at the time of the acceptance of this bylaw shall not be required to provide the buffer zone construction until such time that a building or the lot itself is expanded or enlarged.
[Amended 4-4-2022 ATM by Art. 16]
E.
The owner of said properties shall be required to maintain buffer strips in a clean and safe manner. Any trees or plantings which die shall be replaced.
F.
Any fencing or buffering along lot lines intersecting with a street shall be required to either terminate or be no higher than four feet within 20 feet from the street line, and shall in any event terminate at least 10 feet in from the street line. Strict compliance with these buffering requirements of § 175-66 may be waived or adjusted by a majority vote of the Planning Board during site plan review when good cause is shown, including, but not limited to, proposed topography and building locations, aesthetics and sight lines, existing vegetation on the locus and/or abutting properties which will likely remain, or other characteristics of the locus property and/or abutting properties.
[Added 6-8-2015 ATM by Art. 18]
G.
No residential front yard may be completely enclosed by a solid fence, unless the portion of the fencing running parallel to any street is no higher than four feet, and no portion of the solid fence is located within 10 feet of any street line, or take any other action relative thereto.
[Added 6-8-2015 ATM by Art. 18]
§ 175-67 Other site features.
All service areas, loading areas, outdoor storage, utility structures, mechanical equipment, garbage disposal facilities, or other utility facilities shall be located or visually screened so as not to create hazards, visual or other nuisances such as odor or attraction of vermin. Light fixtures, walls, fences, benches, recreation facilities, and other such site appurtenances shall be harmoniously designed, constructed, and located in relation to other site features.
§ 175-67.1 Outdoor lighting.
[Added 4-7-2004 ATM, Art. 10]
A.
The purpose of this bylaw provision is to create standards for outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within Abington. It is the intent of this section to encourage, through the regulation of the types, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems that will:
(1)
Reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of Abington;
(2)
Conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity; and
(3)
Preserve the night sky as a natural resource to enhance nighttime enjoyment of property within Abington.
B.
The requirements of this section shall apply to all zoning districts, but shall exclude one- and two-family residential uses.
C. COLOR RENDERING INDEX (CRI) COLOR TEMPERATURE CUTOFF ANGLE DIRECT LIGHT EFFICACY FILTERED FIXTURE FULLY SHIELDED LUMINAIRE GLARE HEIGHT OF LUMINAIRE INDIRECT LIGHT LAMP LIGHT TRESPASS LUMEN LUMNAIRE SHIELDED UP LIGHT
Definitions. Except as noted hereinafter, all definitions are provided in the Zoning Bylaw. Unless the context clearly indicates otherwise, certain words and phrases used in this section shall have the meaning indicated below. Although set forth here for convenience, the terms shall have the same effect as if set forth in Article II, Definitions.
A measurement of the amount of color shift that objects undergo when lighted by a light source as compared with the color of those same objects when seen under a reference light source of comparable color temperature. CRI values generally range from zero to 100, where 100 represents incandescent light.
Color temperature or chromaticity refers to the color appearance of the light that comes from a light source, also referred to as correlated color temperature (CCT). The apparent color of a light source is measured in degrees Kelvin or "K." A low color temperature corresponds to "warm." Incandescent lamps are in the range of 2,700 degrees K. "Cool" light comes from sources such as cool white fluorescent lamps operating at 4,100 degrees K. Lights appear bluer above 4,100 degrees K.
The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
Light emitted directly by a lamp, off a reflector, or through a refractor of an outdoor light fixture or luminaire.
Efficacy is the rate at which a lamp is able to convert electrical power (watts) into light (lumens), expressed in terms of lumens per watt.
When referring to an outdoor light fixture means that the fixture is to be fitted with a glass, acrylic, or other translucent enclosure of the light source.
The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens, or diffuser lens.
A lamp and fixture assembly designed with a cutoff angle of 90 degrees, so that no direct light is emitted above a horizontal plane.
Light emitted from a luminaire with intensity great enough to produce unreasonable annoyance, discomfort, or a reduction in a viewer's ability to see.
The vertical distance from the finished grade of the ground directly below to the lowest direct light emitting part of the luminaire.
Direct light that has been reflected off other surfaces.
The component of an outdoor light fixture that produces light.
The shining of direct and/or reflected light produced by a luminaire beyond the boundaries of the property on which the outdoor or indoor light fixture is located.
A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of the bylaw, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.
Complete lighting unit, consisting of one or more lamps (bulbs or tubes that emit light), along with the socket and other parts that hold the lamp in place and protect it, wiring that connects the lamp to a power source, and a reflector that helps direct and distribute the light.
When referring to an outdoor light fixture means that the fixture allows no up light and/or light trespass.
Direct light emitted by an outdoor light fixture above a horizontal plane through the fixture's lowest light emitting part.
D.
Shielding. All outdoor light fixtures subject to this bylaw shall be shielded.
E.
Prohibited light sources.
(1)
Mercury vapor and quartz lamps. For the purposes of this bylaw, quartz lamps shall not be considered an incandescent light source.
(2)
Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising, when projected above the horizontal, is prohibited.
(3)
Searchlights. The operation of searchlights for advertising purposes is prohibited except by special permit.
F.
Metal halide lighting. All outdoor light fixtures utilizing a metal halide lamp or lamps shall be shielded and filtered. Filtering using quartz glass does not meet this requirement.
G.
Outdoor advertising signs. Outdoor light fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. Where internally illuminated signs are proposed only cool temperature lighting may be used.
H.
Outdoor lighting plan.
(1)
Wherever outside lighting is proposed, every application for a building permit, a special permit, a special permit with site plan review, a variance, or an electrical permit for exterior lighting or lighted sign shall be accompanied by a lighting plan, which shall show:
(a)
The location and type of any outdoor lighting luminaries, including the height of the luminaire;
(b)
The luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles;
(c)
The type of lamp, such as: metal halide, compact fluorescent, high-pressure sodium with color temperature (Kelvin) and CRI indicated;
(d)
A photometric plan showing the intensity of illumination at ground level, expressed in footcandles; and
(e)
That light trespass onto any street or abutting lot will not occur in excess of 0.5 footcandles within 25 feet beyond the lot line. This may be demonstrated by manufacturer's data, cross section drawings, or other means. Minor violations of this standard may be waived by the SPGA or the Zoning Enforcement Officer where the objectives of § 175-67.1A will be achieved.
[Amended 6-8-2015 ATM by Art. 20]
(f)
The requirement of submission of a photometric plan may be waived by the applicable permit granting authority if the proposed location, height, luminaire specifications and other relevant information demonstrate that no light trespass issues will occur.
[Added 6-8-2015 ATM by Art. 20]
(2)
When an existing outdoor lighting installation is being modified, replaced, extended, expanded, or added to, the entire outdoor lighting installation on the lot shall be subject to the requirements of this section.
(3)
Standards:
(a)
All outdoor light fixtures subject to this bylaw shall be shielded and control glare and light trespass.
(b)
All outdoor light fixtures using a metal halide lamp or lamps shall be shielded and filtered. Filtering using quartz glass does not meet this requirement.
(c)
Any luminaire with a lamp or lamps rated at a total of more than 2,000 lumens shall be of fully shielded design and shall not emit any direct light above a horizontal plan passing through the lowest part of the light emitting luminaire.
(d)
All luminaries, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any street or abutting lot or parcel and to eliminate glare perceptible to persons on any street or abutting lot or parcel. This shall not apply to any luminaire intended solely to illuminate any freestanding sign and/or the walls of any building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign or building.
(e)
All lamps subject to this bylaw shall have a minimum color temperature of 2,000 degrees K and a maximum color temperature of 3,700 degrees K.
(f)
Lamp types shall be selected within the allowable color temperature range of 2,000 to 3,700 degrees Kelvin, for optimum color rendering as measured by their color rendering index (CRI), as listed by the lamp manufacturer.
(g)
The use of highly efficient lamp sources in conformance with this bylaw is encouraged.
I.
Hours of operation. Outdoor lighting and/or outdoor illuminated signs for commercial and industrial uses shall not be illuminated between 11:00 p.m. and 6:00 a.m., with the following exceptions:
(1)
If the use is being operated, such as a business open to customers, or where employees are working or where an institution or place of public assembly is conducting an activity, normal illumination shall be allowed during the activity and for not more than 1/2 hour after the activity ceases;
(2)
Low-level lighting sufficient for the security of persons or property on the lot may be in operation between 11:00 p.m. and 6:00 a.m., provided the average illumination on the ground or on any vertical surface is not greater than 0.5 footcandle.
J.
Wall pack lighting: shall not be used as direct illumination beyond 25 feet off the face of any building or structure.
[Amended 6-8-2015 ATM by Art. 20]
Exception: Decorative lighting fixtures with 70 watt maximum light fixture and municipal uses. |
K.
Special permits. When site plan review is required, the Planning Board shall act as the special permit granting authority (SPGA) under this section, and otherwise the Zoning Board shall act as the SPGA. The SPGA may grant a special permit modifying the requirements of this section.
[Added 6-8-2015 ATM by Art. 20]