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Ashland City Zoning Code

SECTION 5

0 GENERAL REGULATIONS

5.1 
OFF-STREET PARKING REQUIREMENTS
5.1.1 
General. Except in the Downtown Commerce (CD) District, which is exempt from these requirements, adequate off-street parking must be provided on paved surfaces to service all parking demand created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Such parking shall be either on the same premises as the activity it services or within three hundred (300) feet on a separate parcel, which may be jointly used with other premises for this purpose. In applying for a building or occupancy permit, the applicant must demonstrate that the following minimums will be met unless these are reduced on special permit as per 5.1.7.
[Amended 5-5-2010 ATM, Art. 27]
5.1.2 
SCHEDULE OF PARKING AREA REQUIREMENTS
Boardinghouse, Lodging
1 space per guest unit
Bed-and-breakfast
2 spaces plus one space per guest room
Commercial accommodations
1-1/8 spaces per guest unit
Dwellings
2 spaces per dwelling unit
Offices, stores
1 space per 180 square feet of leasable floor space
Restaurant, place of assembly
1 space per 4 seats
Bowling alley
4 spaces per lane
Golf course
10 spaces per hole, plus spaces required for accessory use as determined by the Building Inspector advisory report of the Planning Board where required in compliance with Section 9.4, Site Plan Review.
Animal hospital, veterinary
2 spaces per exam room plus 1 space per staff employee but not less than 5 spaces
Nursing home
1 space per 6 beds plus 1 space per employee
Hospital
1 space per bed
Medical and dental offices and clinics
2 spaces per exam room or chair plus 1 space per staff employee but not less than 5 spaces
Financial offices (banks)
1 space per 200 sq. ft. of gross floor area, 1 space per employee, 5 waiting spaces per drive-thru teller
Industrial, Wholesale
1 space per 1.3 employees per shift
Day care and nursery schools
1 space per employee; 1 space per 5 children; drop area; 4 spaces up to 20 children, 1 space per additional 10 children
Others
Individually determined by the Building Inspector upon advisory report of the Planning Board where required in compliance with Section 9.4, Site Plan Review.
5.1.3 
Setback. No off-street parking area shall be maintained within ten (10) feet of a street.
5.1.4 
Parking Areas with Eight or More Spaces. For parking areas of eight (8) cars or more, the following shall apply:
1. 
Parking area use shall not require backing on a public way.
2. 
There shall be not more than one (1) entrance and one (1) exit from such lots per two hundred (200) feet of street frontage or fraction thereof. If necessary to meet this requirement, uses shall arrange for shared egress.
3. 
In a Residential District, no such parking lot shall extend into a required yard.
4. 
In Village Commerce (CV) and Neighborhood Commerce (CN) Districts, no such parking lot exclusive of access shall be located between the street and the front line of the principal structure on the lot or within the required front yard, whichever is less. If there is no structure on the lot, no parking lot shall extend into a required front yard.
5. 
Drive-thru Facilities. Sufficient on site reserved space to permit the stacking of vehicles waiting to be served at a drive-thru window shall be provided to eliminate conflicts with parking vehicles and eliminate interference with the flow of traffic on the adjacent roadway.
6. 
Restaurant, fast food, drugstore. There shall be at least four spaces provided between the pick up window and order point, at least four spaces provided in advance of the menu board, one space at the order point, and one space at the menu board.
7. 
Banks. There shall be at least five spaces (including the banking machine, machine/teller window for each drive-thru lane).
5.1.5 
Special Provisions for Village Commerce (CV) and Neighborhood Commerce (CN) Districts. The following provisions are intended to support commercial development in Commerce Districts by establishing a mechanism for provision of public off-street parking lots in lieu of private off-street parking facilities.
1. 
Except for buildings or parts of buildings designed, intended to be used, used or occupied for residential use, all or a portion of the required off-street parking may be waived by the Zoning Board of Appeals by special permit when the property is located within the Village Commerce District, provided that:
a. 
The Board finds that there are sufficient public parking spaces in the vicinity of the property to justify the relief without detriment to the public health, welfare and safety.
b. 
The owner or occupant of the property on which the waiver is to be applied pays to the town a fee to the fair market value of the waived parking spaces [the area of which shall be determined by the number of waived spaces times four hundred (400) square feet], plus the cost of converting such spaces into a parking lot, as estimated by the Planning Board, with the advice of the Director of the Department of Public Service.
c. 
In the Neighborhood Commerce District only, an increase of the maximum building coverage of ten percent (10%) of total lot area, subject to the specified limitations on total floor area.
2. 
All fees collected under this section, and all interest earned thereon, shall be deposited in a separate Parking Facilities Fund established by the Select Board and shall be used only for the acquisition of land, improvement or maintenance of municipally-owned off-street parking facilities for the benefit of those buildings, structure and uses in the Village Commerce and Neighborhood Commerce districts and adjacent areas.
[Amended 11-20-2019 STM, Art. 14]
3. 
Any relief of off-street parking approved under this section shall run with the land, and any subsequent change of use that requires more parking shall require subsequent action to satisfy the additional parking requirement. No refund of any payment shall be made when there is a change to a use requiring less parking. Such payment shall be made to the town in total prior to the issuance of a building permit.
5.1.6 
(Reserved)[1]
[1]
Editor’s Note: Subsection 5.1.6, Special Provisions for Office Commerce (CO) District, was repealed 5-2-2018 ATM, Art. 20.
5.1.7 
Special Permit. The Planning Board may authorize by special permit fewer parking spaces than are required by this Section for a use to be constructed when the Board determines that special circumstances render a lesser provision adequate for all parking needs. In consideration of a request for fewer parking spaces, the Planning Board shall consider the following:
1. 
that the hours of operation and parking demand, or the uses which are proposed to share parking spaces are sufficiently different so as not to require the use of parking spaces at the same time; or
2. 
that the uses which are proposed to share parking spaces are expected to remain in place and the sharing of parking spaces can be expected to continue for the foreseeable future.
The Planning Board may require that the spaces to be un-constructed shall be delineated on the site plan and indicated as future parking spaces. All or part of said spaces shall be constructed if so required by the Board at a future date or may be constructed by the property owner/tenant at any time without prior Board approval.
5.2 
LOADING REQUIREMENTS.
5.2.1 
General. Adequate off-street loading spaces or loading areas shall be provided and maintained by the owner of the property for each nonresidential building or use which is erected, enlarged or altered after the effective date of this By-law, according to the following regulations.
5.2.2 
Same Lot. All loading spaces or loading areas required by this By-law shall be on the same lot as the building or use which they are intended to serve, and in no case shall any required loading area be part of an area used to satisfy the off-street parking requirements of this By-law.
5.2.3 
No Queues or Backing onto Street. No loading facility shall be designed to require trucks to queue on a public way while awaiting to off-load. No loading facility shall be designed to require vehicles to back onto a public way; all turning maneuvers shall be accommodated on the premises.
5.2.4 
Shared Loading. No part of an off-street loading area required by this By-law for any nonresidential building or use shall be included as part of an off-street loading area similarly required for another building or use, unless the type of buildings or uses indicates that the usage of such loading area would not occur simultaneously, as determined by the Planning Board.
5.2.5 
Screening. Loading areas shall be screened in accordance with Section 5.4.
5.2.6 
Size. Where required, loading bays shall not be less than twelve (12) feet in width, sixty-five (65) feet in length, and fourteen (14) feet in height, exclusive of driveway and maneuvering space.
5.2.7 
Location. No loading dock or bay shall be located within twenty (20) feet of the boundary of any residential district.
5.2.8 
Special Permit. Any loading requirement set forth herein may be reduced upon the issuance of a special permit by the Planning Board if the Board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit.
5.3 
SIGNS
5.3.1 
Purposes and Goals of Sign Regulations. The purposes and goals of the sign regulations shall be to:
1. 
Preserve and enhance the character of Ashland as directed in the 1988 Comprehensive Plan by regulating signs and other advertising devices within the town.
2. 
Require new replacement signs which are compatible with their surroundings and which are appropriate to the type of activity to which they pertain.
3. 
Promote safety and to reduce distractions for motorists.
4. 
Avoid excessive competition for signs, so that permitted signs provide adequate identification and direction while minimizing clutter and unsightliness.
5. 
Phase out and replace existing signs which do not meet the goals and standards defined herein.
6. 
Ensure a sign review process and an enforcement mechanism for compliance.
7. 
Encourage the development of a healthy business environment in town.
5.3.2 
Compliance Required.[2]
1. 
All signs, excluding those specifically exempted from this Section, must comply with the regulations of this Section. All nonexempt signs, except as specified, shall be submitted through the sign permit process defined herein.
2. 
All signs must comply with local and state building and electrical codes.
3. 
Specified requirements of this section are considered to be minimum requirements. In the event that they are at variance with other statutes, bylaws or regulations, the most restrictive provisions govern.
[2]
Editor's Note: Former Section 5.3.2, Definitions, was deleted 11-19-2013 STM, Art. 22, and the contents moved to Section 10.0, Definitions. Article 22 also renumbered former Sections 5.3.3 through 5.3.21 as Sections 5.3.2 through 5.3.20, respectively.
5.3.3 
Prohibited Signs. The following signs are prohibited in the Town of Ashland:
1. 
Signs imitating official traffic signs or obscuring official traffic signs.
2. 
Signs with intermittent or flashing lights.
3. 
Signs obstructing doors or a public right-of-way.
4. 
Signs on trees or utility poles, unless warning of danger or prohibiting trespass.
5. 
Search lights or beacons.
6. 
Signs placed on public property without prior approval.
7. 
Signs that move or give the appearance of moving.
8. 
Pennants, specialty hot air balloons and streamers, except as permitted for business openings as specified herein.
9. 
Roof signs.
10. 
Portable or wheeled signs.
11. 
Signs on parked vehicles or trailers where the sign is the primary use of the vehicle.
12. 
Signs which cast a glare onto any residential premises or onto any portion of a public way so as to create a traffic hazard.
13. 
Non-accessory signs of any size.
5.3.4 
(Reserved)
5.3.5 
Construction and Maintenance.
1. 
No sign shall be painted or posted directly on the exterior surface of any wall, but all signs must be painted, posted or otherwise securely affixed to a substantial, intermediary, removable surface which shall be securely affixed to the building. The foregoing, however, shall not prevent installation of a sign consisting of individual raised letters or devices securely affixed to the exterior wall of the building.
2. 
All signs and their supporting sign structure shall be maintained in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Inspector.
5.3.6 
Illumination Standards.
1. 
External illumination shall be by white, steady, stationary light, shielded and directed solely or by silhouette at the sign. The foregoing is applicable to signs exterior to a building and to permanent interior signs designed to be visible through a door or window. No externally lit sign shall utilize translucent panels, letters, devices or other similar components to create an image by allowing light to pass through.
2. 
Internal illumination shall be by steady, stationary light directed on translucent materials to illuminate the sign. No more than three (3) colors shall be used. Black and white shall not be considered colors.
5.3.7 
Maximum Number of Signs.
1. 
There shall not be more than one (1) permanent exterior sign of each business establishment affixed to the building itself. If a business establishment has more than one (1) street level public entrance or occupies more than one (1) building, there may be a secondary street sign affixed to the wall, in the vicinity of each entrance, other than the wall to which the principal sign is affixed. The secondary sign or signs for each business establishment shall not exceed in the aggregate fifty percent (50%) of the maximum permissible area for a single sign for said business establishment as specified herein. In addition to the foregoing sign or signs, one (1) directory of business establishments occupying a building may be affixed to the exterior wall of the building or may stand alone at a principal entrance to the building. The dimensions of such a building directory are specified herein.
2. 
Any sign which is attached to and extends wholly outside the supports or frame of the principal sign shall be considered a separate sign.
5.3.8 
Placement of Signs. No sign shall be placed within a required side or rear yard or be placed within or project over a public way or, in the case of wall signs, exceed the height of the building to which it is attached.
5.3.9 
 Maximum Total Area of Signs in Commercial and Industrial Zones. Subject to the provisions of this section, the maximum total area of signs in Commercial and Industrial Zones shall be determined as follows:
[Amended 5-2-2018 ATM, Art. 20]
Zoning Districts
Maximum Total Sign Area per Foot of Lot Frontage on the Street Towards Which the Building is Oriented
(square feet per foot)
Commercial Highway "CH"
2.0
Commercial Downtown "CD"
2.0
Commercial Neighborhood "CN"
1.0
Commercial Village "CV"
1.0
Industrial "I"
2.0
1. 
In the case of a shopping center, the lot frontage of an individual business establishment shall be based proportionally on the building frontage occupied by the business compared to the shopping center building as a whole. Freestanding signs for business establishments in a shopping center must be placed on one (1) common frame. The limitations of this Section may be waived at the discretion of the Building Inspector if all business establishments submit a joint sign permit request which presents a unified facade for all signs in the shopping center.
5.3.10 
 Temporary Signs.
1. 
Temporary signs pertaining to the sale or lease of the premises or the construction on the premises may be posted as restricted by zone. In no case may such a temporary sign be lighted.
2. 
Temporary signs pertaining to the opening of a new business may be posted as restricted by zone. Such signs may include the temporary display of pennants, specialty hot air balloons and streamers and may be posted for a period not to exceed two (2) weeks. Such signs shall conform to the illumination standards set forth herein.
3. 
Temporary signs relating to business sales, events and promotions, for a time period not to exceed one (1) month, as restricted by zone, may be posted.
4. 
Temporary signs other than the above, such as advertising for events, shall be allowed only within the limits prescribed for permanent signs, not to exceed six (6) square feet each and shall be erected not more than forty-five (45) days before the event and shall be removed within one (1) week of the termination of the event. No permit is required.
5.3.11 
 Residential Districts. Permitted signs shall be as follows:
1. 
One (1) sign for each family residing on the premises indicating the owner or occupant or pertaining to a permitted accessory use, provided that no sign shall exceed two (2) square feet in area. No permit is required.
2. 
One (1) sign not over nine (9) square feet in area pertaining to permitted buildings and uses of the premises other than dwellings and their accessory uses.
3. 
One (1) temporary unlighted sign not over sixteen (16) square feet in area pertaining to the sale, rent or lease of the premises or the construction on the premises. Temporary signs, other than political or civic signs as specified herein, shall be allowed only within the limits prescribed for permanent signs.
4. 
One (1) permanent sign at each entrance to a residential subdivision or complex identifying the subdivision or complex, with the sign not to exceed three (3) feet in height and twelve (12) square feet in area. Such a sign shall be freestanding and in no manner attached to any building or structure.
5. 
No sign shall be internally lit.
6. 
No sandwich signs shall be permitted, except for municipal signs or signs on municipal properties.
5.3.12 
 Downtown Commercial Districts (ADD and CD). Permitted signs shall be as follows:
1. 
A directory of business establishments as permitted herein, which shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building or six (6) square feet, whichever is less.
2. 
One (1) sign attached to a building per business establishment, no larger than fifty (50) square feet in area and not exceeding fifteen percent (15%) of the wall area it is viewed with. This shall include a secondary sign or signs as permitted herein.
3. 
One (1) freestanding sign per lot not more than sixty (60) square feet in area, not to exceed fifteen (15) feet in height. This shall include one (1) sandwich sign placed adjacent to the business establishment, not to exceed four (4) feet in height or eight (8) square feet in area, provided that such a sign does not impede pedestrian traffic on the sidewalk.
4. 
Permanent and temporary window signs, the aggregate sign area of which may not exceed forty percent (40%) of the ground floor window space.
5. 
One (1) temporary sign pertaining to the sale or lease of the premises or the construction on the premises and temporary signs, exclusive of window signs, with a sign area no larger in aggregate than ten percent (10%) of the wall area it is viewed with, advertising a temporary business sale, event or promotion, to be displayed for a period not to exceed one (1) month. Temporary signs other than the above as defined herein, shall be allowed only within the limits prescribed for permanent signs.
6. 
No sign shall be internally lit.
7. 
Electronic message board signs may be allowed by Special Permit from the Planning Board.
5.3.13 
 Highway Commercial and Industrial Districts. Permitted signs shall be as follows:
1. 
A directory of business establishments as permitted herein, which shall not exceed an area determined on the basis of four (4) square feet for each establishment occupying the building or thirty (30) square feet, whichever is less. In the case of a shopping center, the directory shall not exceed an area greater than sixty (60) square feet.
2. 
One (1) sign attached to a building per business establishment, provided that it is no larger than one hundred fifty (150) square feet in area and does not exceed fifteen percent (15%) of the wall area it is viewed with. This shall include a secondary sign or signs as permitted herein.
3. 
One (1) freestanding sign per lot not more than sixty (60) square feet in area, not to exceed thirty (30) feet in height.
4. 
Permanent and temporary window signs, the aggregate sign area of which may not exceed forty percent (40%) of the ground floor window space.
5. 
One (1) temporary sign pertaining to the sale or lease of the premises or the construction on the premises and temporary signs, exclusive of window signs, with a sign area no larger in aggregate than ten percent (10%) of the wall area it is viewed with, advertising a temporary business sale, event or promotion, to be displayed for a period not to exceed one (1) month. Temporary signs other than the above, as defined herein, shall be allowed only within the limits prescribed for permanent signs.
6. 
No sandwich signs are permitted.
7. 
Electronic message board signs may be allowed by Special Permit from the Planning Board.
5.3.14 
 Permit Application; Required Information. An applicant for a sign permit shall submit the following information to the Building Inspector prior to the erection, movement or alteration of any sign:
1. 
The name, address and phone number of the applicant.
2. 
The location of the building, structure or lot to which the sign is to be attached.
3. 
The written consent of the property owner, if different from the applicant.
4. 
The proposed location of the sign on the building and/or lot in relation to nearby structures.
5. 
The plans, specifications and method of construction of the sign and its supports, showing proposed dimensions; materials; colors; weight; distance from doors, windows and fire escapes; and the type and intensity of the sign's illumination.
6. 
The name of the individual or firm erecting the structure.
7. 
Copies of calculations prepared and stamped by a qualified Massachusetts engineer showing dead load and wind pressure design, if required by the Inspector of Buildings.
5.3.15 
 Procedures. The Building Inspector must approve or deny a sign permit application within thirty (30) calendar days of its submission. Failure to do so within the thirty-day period will allow the applicant to follow appeal proceedings as provided for G.L. c. 40A, ss. 8 and 15. The thirty-day time period begins anew following any amendment to the sign permit request which changes the physical characteristics of the proposed sign.
1. 
The work allowed by any permit granted by the Building Inspector must be commenced within six (6) months of issuance and completed within a reasonable period of time. Failure to do so will result in the revocation of the permit and fines to be determined from time to time by the Select Board.
[Amended 11-20-2019 STM, Art. 14]
2. 
A nonrefundable fee, to be determined from time to time by the Select Board, is payable upon submission of a sign permit application.
[Amended 11-20-2019 STM, Art. 14]
3. 
Where a permit is required for a sign located at a Priority Development Site (PDS), an application therefor shall be submitted to the Building Inspector no later than one hundred twenty (120) days following the date of submittal of any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D.
[Added 5-5-2010 ATM, Art. 17]
5.3.16 
 Exempt Repairs and Alterations. Only the following repairs and alterations are excluded from the permit requirement for nonexempt signs:
1. 
Changing copy on signs specifically designed for the use of replaceable copy.
2. 
Normal sign repairs, repainting or cleaning.
5.3.17 
 Appeal of Permit Decisions. An applicant for a sign permit may appeal an adverse decision by the Building Inspector by submitting a written request for an appeal to the Zoning Board of Appeals as set forth in G.L. c. 40A, ss. 8 and 15.
5.3.18 
 Nonconforming Signs. Any nonconforming sign legally erected prior to the adoption of this section or any amendment thereof may continue to be maintained but shall not be enlarged, reworded [other than signs as specified herein], redesigned or altered in any way unless it is brought into conformity through the sign permit application process. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed fifty percent (50%) of the replacement value of the sign at the time of the destruction or damage, as determined by the Building Inspector, shall not be repaired or rebuilt or altered unless in conformity with this Section. The exemption herein granted shall terminate with respect to any sign which:
1. 
Shall have been abandoned, as defined herein;
2. 
Advertises or calls attention to any products, businesses or activities which are no longer carried on or sold, whether generally or at that particular premises; or
3. 
Shall not have been repaired or properly maintained within sixty (60) calendar days after notice to that effect has been given by the Building Inspector.
The obligation to remove or repair a sign in one (1) of the categories set forth above is that of the sign permit grantee. Failure to remove or repair a sign in such category may result in fines and penalties.
5.3.19 
 Penalties. Individuals, businesses and other organizations which fail to adhere to the sign regulations as described in this section may be assessed fines and penalties until the violation is corrected. If the violation is not corrected within sixty (60) days of notification of the violation by certified mail, the sign shall be removed by its owner on order of the Building Inspector.
Fines shall be imposed for the following:
1. 
Any type of prohibited sign.
2. 
Failure to obtain a sign permit.
3. 
Oversized signs.
4. 
Improper illumination.
5. 
Excessive window signs.
6. 
Excessive number of wall or freestanding signs.
7. 
Illegal placement of signs.
8. 
Improper construction.
5.3.20 
 Special Permit. Notwithstanding the provisions set forth in this Section, the Planning Board may authorize larger signs or a greater number of signs by the grant of a special permit, where such relief is not detrimental to the neighborhood or the town.
5.4 
GENERAL LANDSCAPING REQUIREMENTS
5.4.1 
General. Landscaped buffer areas are required in all side and rear setbacks with no more than minor removal of existing trees and ground vegetation. The following shall be observed in all districts:
1. 
Screening and perimeter landscaping. Commercial, service and industrial uses shall be separated from the street and from adjacent residential districts by landscaped buffer areas.
2. 
All parking areas shall be screened at the front lot line with landscaped buffers, which shall be at least six (6) feet in depth and shall create a strong impression of separation between the street and the developed area of the site without necessarily eliminating visual contact between them. Buffer area shall be continuous except for vehicular and pedestrian circulation facilities.
5.4.2 
Buffering Between Residential and Nonresidential Uses.
1. 
Where a lot containing a nonresidential use adjoins or faces a residential district or residential use, landscaped buffers shall be provided at the perimeter of the lot to screen parking and other vehicular service areas.
2. 
In a Neighborhood Commerce District only, a continuous landscaped buffer shall be required on the lot containing the nonresidential use immediately adjacent to the residential property along the rear and side lot lines.
3. 
Such screening shall consist of a landscaped area at least six (6) feet wide and shall create an effective visual barrier from ground level to a height of at least five (5) feet.
5.4.3 
Buffer Areas. Buffer areas and screening required by this section may be comprised of brick or stone-faced walls, planted berms, wood fences, planted vegetation and/or existing vegetation or any combination thereof. Walls or fences exceeding four and one-half (4 1/2) feet in height shall have plantings on the side facing the lot line.
1. 
Buffer areas along street lines shall be continuous except for driveways and sidewalks; shall contain at least one (1) tree per thirty (30) linear feet of street frontage (or portion thereof) and shall include lower-level elements such as shrubs, hedges, fences, walls and/or planted berms.
2. 
In a Neighborhood Commerce District, the buffer strip shall include evergreen plantings with at least one (1) tree for each ten (10) feet of buffer length as measured parallel to the property line. There shall be a maximum mixture of seventy-five percent (75%) evergreen and twenty-five percent (25%) deciduous trees which are visually impermeable within two (2) seasons of growth.
5.4.4 
Interior Landscaping in Parking Areas. Parking areas containing eight (8) or more spaces shall contain or be bordered by at least one (1) tree per eight (8) spaces. Such trees shall be in any case not further than five (5) feet from the parking cell. In Commercial H and Commercial V Districts for parking areas containing twenty-five (25) or more spaces, the following shall also apply:
1. 
Parking areas shall be broken into units containing not more than twenty-five (25) cars per cell. Parking units shall be separated by landscaped islands or buffer areas to provide visual and climatic relief.
2. 
Internal landscaping shall be designed to define logical areas for pedestrian and vehicular circulation.
3. 
Landscaped islands and buffers shall have a minimum area of one hundred fifty (150) square feet and minimum width of eight (8) feet and shall contain at least one (1) tree per one hundred (100) square feet.
4. 
In situations where the Planning Board determines that it is impractical to provide internal landscaped area meeting the above requirements, the parking area may instead be provided with additional landscaped area that more effectively screens it from public view by providing greater depth and/or density to perimeter landscaping.
5.4.5 
Planting Standards.
1. 
Deciduous trees in required buffer strips or interior landscaping shall be a minimum of two-inch caliper and evergreen trees shall be a minimum of five (5) feet to a maximum of ten (10) feet in height when planted, depending on topography as determined by the Planning Board.
2. 
The evergreen trees shall be planted at ten (10) feet on center. Non evergreen planting and/or screen berm, hedge, fence or wall at least five (5) feet in height may be used in conjunction with the evergreen trees.
3. 
The evergreen trees may be grouped at staggered intervals, provided that the spacing between groups is in-filled with lower level elements such as shrubs, hedges, planted berms, fences or walls at least five (5) feet in height. All trees shall be surrounded by a height of at least thirty-six (36) square feet of an unpaved soil area per tree and shall be protected from damage.
5.4.6 
Use of Existing Plant Material. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Planning Board may adjust the application of the above standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.
5.4.7 
Special Permit. By special permit, the Planning Board may authorize a reduction in the requirements of this section, where such reduction will not result in substantial detriment.
5.5 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection 5.5, Landscaping and Screening in the Office Commerce District, was repealed 5-2-2018 ATM, Art. 20.
5.6 
CORNER CLEARANCE. Landscaping, buffers, fencing, and screening shall be designed so as not to restrict sight distances at intersections or driveway entrances. No structure, sign, fence, wall, hedge or other obstruction shall be allowed to block vision between two and one-half (2 1/2) and eight (8) feet above the street grade within an area bounded by the sidelines of intersecting street and/or driveways and a straight line joining points on such sidelines twenty (20) feet back from their point of intersection except in the Neighborhood Commerce District where the distance shall be no closer than ten (10) feet from the edge of existing pavement of the driveway and twenty (20) feet along the street line.
5.7 
ENVIRONMENTAL STANDARDS
[Amended 5-2-2018 ATM, Art. 20]
5.7.1 
General. No use shall be allowed if it will cause sound, noise, vibration, odor or flashing (except for warning devices, temporary construction or maintenance work, parades, recreational activities or other special circumstances) perceptible without instruments more than four hundred (400) feet from the boundaries of the originating premises, if in an Industrial District, or more than two hundred (200) feet from the boundaries of the originating premises, if in a Commercial District, or more than forty (40) feet from the boundaries of the originating premises, if in a Residential District.
5.7.2 
Pollution Control. All requirements of Article XI of the Sanitary Code of the Department of Public Health and all regulations of the Metropolitan Air Pollution Control District shall be strictly complied with by all uses. Evidence of compliance may be required in issuing permits.
5.7.3 
Erosion Control. Site design and materials and construction processes shall be designed to avoid erosion damage, sedimentation or uncontrolled surface water runoff.
1. 
No grading or construction shall take place on slopes in excess of a horizontal of three (3) and a vertical of one (1) slope except under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff or other environmental degradation.
2. 
All slopes exceeding ten percent (10%) resulting from site grading shall either be covered with topsoil compacted to a minimum depth of four (4) inches and planted with vegetative cover to prevent erosion and/or be retained by a wall constructed of masonry, reinforced concrete, stone, or other suitable materials or methods and designed and certified by a qualified structural engineer and/or a civil engineer specialized in geotechnical engineering.
3. 
The Building Inspector shall require information of the applicant as necessary for him to ensure compliance with these requirements, including, if necessary, elevations at key locations, description of vegetative cover and the nature of impoundment basins proposed, if any.
4. 
Where resultant site grades will exceed that referenced herein, they shall be constructed in accordance with this Section and shall require a performance bond to ensure compliance with these requirements.
5. 
Hillside areas shall be retained with vegetative cover as follows:
Average Percentage Slope
Minimum Percentage of Land to Remain In Vegetation
10.0 to 14.9
25
15.0 to 19.9
40
20.0 to 24.9
55
25.0 to 29.9
70
30.0 and above
85
5.7.4 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection 5.7.4, Performance Standards, was repealed 5-2-2018 ATM, Art. 20. This article also repealed former Subsection 5.7.5, Special Provisions for the Office Commerce (Commercial O) District, which immediately followed this subsection.
5.8 
SITE ALTERATION SPECIAL PERMIT
[Amended 5-5-2010 ATM, Art. 17; 5-7-2014 ATM, Art. 24]
5.8.1 
Intent and Purpose. The intent of this section is to promote and protect the public health, safety, and welfare through the preservation and protection of the environment and by recognizing the vital importance of free and vegetation growth in the ecological system. It is further the purpose of this section to:
1. 
Preserve and protect the natural scenic beauty and related natural resources in the Town of Ashland;
2. 
Limit land clearing and alteration of natural topography prior to site plan, preliminary plan, and/or definitive plan approval;
3. 
To protect, preserve, and promote the aesthetic appeal, character, and value of the surrounding neighborhoods; and,
4. 
To regulate prior to development plan approval, the removal of natural vegetation, especially major trees, and excavation and alteration of land, in order to minimize any danger of erosion, sedimentation, flooding, water pollution, unnecessary detraction from natural visual setting, obstruction of significant views, and other adverse impacts of development.
5.8.2 
Applicability.[5] No person shall undertake the following land clearing/grading activities without first obtaining a Site Alteration Special Permit from the Planning Board:
1. 
Clearing of an area greater than 5,000 square feet; or,
2. 
Grading if involving more than one hundred (100) cubic yards of earth.
[5]
Editor's Note: Former Section 5.8.2, Definitions, was deleted 11-19-2013 STM, Art. 22, and the contents moved to Section 10.0, Definitions. Article 22 also renumbered former Sections 5.8.3 through 5.8.8 as Sections 5.8.2 through 5.8.7, respectively.
5.8.3 
Exemption. The provisions of this bylaw shall not apply to the following activities:
1. 
Clearing of land zoned residential when such parcel is included in a submission for development to the Planning Board;
2. 
Removal of hazardous trees;
3. 
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 in accordance with Department of Environmental Management (DEM) approved Forest Management Plan, or to remedy a potential fire or health hazard or threat to public safety;
4. 
Maintenance of public and private streets and utilities within town-approved roadway layouts and easements;
5. 
Agricultural activities on land zoned for agriculture, work conducted in accordance with an approved Natural Resource Conservation Service Agricultural Plan or agricultural uses on parcels of land of more than five acres as specified in G.L. c. 40A, Section 3.
5.8.4 
Application. Any person seeking a Site Alteration Special Permit shall submit an application and plan including appropriate fees to the Planning Board which includes the following:
1. 
Reason for site alteration;
2. 
Photographs of the site of development taken from at least three significant public vantage points exterior to the project together with a map to indicate the location of points and approximate distance to the proposed development;
3. 
The present location and size of all major trees and vegetation, with a designation of major trees and vegetation sought to be removed;
4. 
The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with a Landscape Plan;
5. 
The location and boundaries of the lot and adjacent streets or ways and showing owners' names of all adjacent properties;
6. 
Existing and proposed topography, including contours, the location of the wetlands, streams, water bodies, drainage swales, areas subject to flooding and unique natural land features;
7. 
A timetable indicating estimate startup and completion dates; and,
8. 
A written narrative indicating how runoff will be controlled and erosion avoided. Either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible.
5.8.5 
Special Permit. Special Permits will be filed and reviewed in accordance to the time periods and provisions of M.G.L. Chapter 40A Section 11. The SPGA shall be the Planning Board for the purposes of this section.
[Amended 5-2-2018 ATM, Art. 19]
5.8.6 
Other Permits. Issuance of a Site Alteration Special Permit does not exclude the applicant from applying for an Order of Conditions in Areas Subject to Protection under the Massachusetts Wetlands Protection Act. These areas include bank, bordering vegetated wetlands, riverfronts and the 25-foot and 100-foot buffer zones.
5.8.7 
Priority Development Site(s). Where a Site Alteration Special Permit is required in connection with the development of a Priority Development Site (PDS), an application therefor shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal.