Dalton City Zoning Code
ARTICLE XVIIA
PLANNED INDUSTRIAL DEVELOPMENT DISTRICT 1
§ 350-106.1 Purpose.
The purposes of the Planned Industrial Development District (PIDD) are:
A.
To encourage diversity in the community tax base through appropriate industrial development;
B.
To encourage the development of flexible industrial space and adaptive reuse of existing buildings in the district;
C.
To encourage sound site planning and design to prevent negative impacts to the health, safety, or general welfare of the public or the neighboring land uses; and
D.
To minimize potential adverse environmental conditions, such as pollution and noise, associated with industrial development.
§ 350-106.2 Planned Industrial Development District boundaries.
The boundary of the Planned Industrial Development District is shown on the Town of Dalton Zoning Map, which map is hereby incorporated and made part of this bylaw.
§ 350-106.3 Use regulations.
A.
Uses in the Planned Industrial Development District shall be permitted as of right, permitted as of right with site plan review, permitted by special permit or not permitted as shown in § 350-22, Table of Use Regulations.
B.
Uses in the Planned Industrial Development District shall comply with all other applicable parts of this article in addition to the provisions of applicable articles and sections of the Zoning Bylaw of the Town of Dalton. Where the requirements of other articles and sections of this bylaw differ, the requirements of the Planned Industrial Development District shall govern. All uses shall conform with local, state and federal regulations, including but not limited to the Dalton Board of Health, Massachusetts Department of Public Health, Massachusetts Department of Environmental Protection, United States Environmental Protection Agency, National Institute for Occupational Safety and Health (NIOSH) and Occupational Safety and Health Administration (OSHA). All uses in the Planned Industrial Development District shall be connected to a municipal or permitted water supply and sewer.
C.
In addition to the requirements shown in § 350-22, Table of Use Regulations, F, Permitted Accessory Uses, the following accessory structures and uses are allowed in the Planned Industrial Development District as of right with site plan review, provided they are customarily incidental to permitted uses: retail sales, cafeterias, automatic teller machines and day-care facilities, provided that the accessory use is limited to no more than 20% of the floor area of the principal use.
§ 350-106.4 Prohibited uses.
Uses not specifically permitted in the Planned Industrial Development District are prohibited.
§ 350-106.5 Required information with application.
Applications for permits to establish any of the uses herein shall be accompanied by such plans and information as are required by this article and any other applicable articles and sections of this bylaw or as may be reasonably required by the Site Plan Review Agent or special permit granting authority in order that the proposal of the applicant may be clearly understood and compliance with the provisions, intent and purpose of this bylaw be established.
A.
Submittal requirements for site plan review.
(1)
A key map at a scale of not less than one inch to 800 feet showing the relation of the subject property to adjoining properties, existing streets, roads and railroad rights-of-way within 1,000 feet of any part of the property.
(2)
A map indicating the uses of all property within 200 feet of the proposed site, including any subdivided lands, parks or other open space or uses, residences, business, industries or other buildings or structures, such uses to be shown on a drawing to scale.
(3)
Topographic map of the property at two-foot contour intervals, showing the existing and proposed grades and the location of natural features, such as streams, swamps, rock outcrops and major trees six inches or more in diameter at a point four feet above ground level.
(4)
A site plan, indicating but not limited to the following:
(a)
The proposed use or uses of land and buildings, and the proposed location, size and height of the building, including preliminary architectural drawings;
(b)
The location and design of off-street parking and loading areas;
(c)
All means of vehicular ingress and egress to and from the site onto public streets and the relationship to street circulation;
(d)
Location and type of recreational facilities, if any;
(e)
Location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of methods of water supply and sewage disposal, and location of such facilities; and location of all proposed water lines, valves and hydrants;
(f)
The proposed outdoor lighting, signs, screening, fencing and landscaping;
(g)
A complete list of chemicals, pesticides, herbicides, fuels or other potentially hazardous materials or waste to be used or stored on the premises; and
(h)
The proposed noise levels emanating from the site from stationary and mobile sources.
(5)
A detailed computation of total lot area, of building floor area for each type of proposed use and lot coverage by all buildings.
(6)
The proposed accessory use or uses of buildings, structures or land.
(7)
Site plan or any portion thereof, involving engineering, architecture or land surveying, shall be prepared by a duly licensed engineer, architect, landscape architect or land surveyor. A site plan may be prepared on one or more sheets to show clearly the information required herein and to facilitate the review and approval of the plan. Every site plan shall show the name of the development, the name and address of the record owner or developer, North point, scale, date, all easements or rights-of-way provided for public services or utilities. It shall reserve a blank space in the upper right corner three inches wide and five inches high for the use of the approving authority. Site plans shall be prepared to a scale of not smaller than one inch equals 100 feet.
§ 350-106.6 Modification of site plan and waiver requirements.
Any site plan may be revised by following the same procedure as required for the original approval. Waivers of any of the foregoing submittal requirements set forth in § 350-106.5 may be granted when such waiver is not contrary to the public interest and not inconsistent with the provisions, intent and purpose of this article.
§ 350-106.7 Expiration and extension.
Approval of a site plan shall lapse in one year if a substantial use or construction has not begun by such date except for good cause. Additionally, once substantial construction has begun, the proposed construction shall be completed within one year unless otherwise specified as part of the site plan approval.
§ 350-106.8 Site Plan Review Agent.
For the purposes of this article, the Site Plan Review Agent shall be the Building Inspector. Site plan approval by the Site Plan Review Agent shall be required for any uses listed in § 350-22, Table of Use Regulations, subject to development standards in § 350-106.12. Such approval shall not be withheld unless the proposed development will violate any provisions of this bylaw, in which case the Site Plan Review Agent may require such revision of the plan as may be necessary to insure compliance with applicable provisions of this bylaw. Applicants for site plan review not able to comply with the provisions of this article may request a special permit pursuant to the requirements of this article. No building permit shall be issued for any building or structure in any area covered by the site plan, except in conformity with such site plan which has been duly approved, unless 30 days have elapsed from the date of submission of the site plan review application to the Site Plan Review Agent without any action by the Site Plan Review Agent. A site plan, once approved, shall become a part of a building permit.
§ 350-106.9 Special permit granting authority.
For the purposes of this article, the special permit granting authority shall be the Planning Board, unless otherwise indicated in § 350-22, Table of Use Regulations. Special permit approval by the special permit granting authority shall be required for any uses listed in § 350-22, Table of Use Regulations, subject to development standards in § 350-106.12. Except where this article contains different requirements, the requirements of Article XI shall apply to special permits. Any application for a special permit under this article shall be accompanied by and comply with the submittal requirements for site plan approval.
§ 350-106.10 Required studies.
The Site Plan Review Agent or the special permit granting authority at its sole discretion may require studies to be prepared, at the applicant's expense, to make findings regarding access, water supply, sewerage disposal, water quality, stormwater management, erosion control, rare and endangered species, and historic and archaeological sites, among other possible studies. These consultant(s) may be retained at the applicant's expense under MGL c. 44, § 53G.
§ 350-106.11 Certificate of occupancy.
No certificate of occupancy shall be issued for use of any building or structure or use of land under this article, unless the building or structure is constructed or used or the land is developed or used in conformity with an approved site plan, special permit or any amendment of such plan or permit.
§ 350-106.12 Planned Industrial Development standards.
The following standards shall apply to applications permitted under this article.
B.
C.
Landscaping:
(1)
Street buffer strip: Except for a required sidewalk, a landscaped buffer strip at least 10 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road.
(2)
District buffer strip: A continuous natural or landscaped buffer strip of at least 50 feet in width shall be provided and maintained between industrial districts and any residential districts and/or property lines. The buffer strip shall be of a density to substantially screen the development in question from view, along the zoning district line in question. Plantings of various approved evergreen species are encouraged and shall have a minimum four inches in diameter measured four feet from ground level.
(3)
Large parking areas: Parking areas containing over 30 spaces shall have at least one shade tree per 10 parking spaces, such tree to be a minimum of four inches in diameter four feet from the ground and located either in or adjacent to the parking area.
(4)
Fencing: Fencing may be allowed in conjunction with plantings.
(5)
Berms: Berms may be required in appropriate circumstances.
(6)
Screened areas: Exposed storage areas, refuse disposal facilities, machinery, service areas, truck loading areas, utility buildings and structures and other similar uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, earthen berms or walls or tight fences complemented by evergreen plantings.
(7)
Maintenance: All landscaping features, structures and areas shall be properly maintained.
D.
Signs and advertising devices: Signs and advertising devices shall comply with the requirements set forth in Article XVIII.
E.
Stormwater management:
(1)
All development shall comply with the Department of Environmental Protection's (DEP) Stormwater Management Policy (including Phase II Stormwater Management requirements) to ensure that the rate of surface water runoff from the site shall not be increased after construction.
(2)
Where applicable, no approval shall be issued unless a report shall have been received from the Dalton Stormwater Management Commission or its agent that the storm drainage system is consistent with DEP Stormwater Management Policy and that there is sufficient storm drainage capacity to meet the flow demands of the proposed development on site, and where applicable, without causing surge in those storm drainage lines which serve the project and are consistent with the standards of the Town.
F.
Site development standards:
(1)
Land disturbance: Site building design should reduce unnecessary land disturbance to the extent possible.
(2)
Site design: Placement of buildings, structures, or parking facilities shall relate to the site's scenic qualities and shall blend with the natural landscape to the extent possible.
(3)
Archeological or historical resources: Applicants may be required to submit the proposed development plan to the Dalton Historical Commission and/or the Massachusetts Historical Commission for review and comment regarding possible archaeological or historical resources on the site.
(4)
Preservation of existing vegetation: To the extent possible, priority shall be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees.
(5)
Finished grade: Finished grades should be limited to no greater than a 3:1 slope while preserving, matching or blending with the natural contours and undulations of the land to the greatest extent possible.
(6)
Topsoil: A minimum of six inches of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.
G.
Pedestrian and vehicular access; traffic management: The proposed development shall provide a transportation plan showing the proposed parking, loading, and traffic circulation within the site, access and egress points and other features related to traffic generated by the proposed use. For projects subject to a special permit the transportation plan may be required to be prepared by a qualified traffic consultant and may be required to show proposed mitigation measures. In addition, for projects subject to a special permit a transportation impact study and transportation demand management plan may be required. Transportation shall meet the following standards.
(1)
Access:
(a)
To the extent feasible, access shall be provided via one of the following:
(b)
Access and egress to a development with frontage on more than one street shall be in a manner that causes the least impact to the surrounding neighborhoods.
(c)
Access shall be obtained from existing driveways where such access is safe and efficient. Where two or more accessways now exist, access may be limited to the more safe and efficient location.
(d)
Curb cuts: Curb cuts shall be limited to the minimum width for safe entering and exiting and shall in no case exceed 30 feet in width unless waived for commercial truck traffic.
(e)
Interior circulation: The proposed development shall ensure safe interior circulation within its site by accommodating and separating pedestrians and vehicular traffic and ensuring safe access to all users of the site.
(f)
Sight distance: Adequate sight distance shall be provided and maintained at all access locations, egress locations and all intersections affected by the development. At a minimum, these site distances shall meet standards articulated in the Massachusetts Highway Department and American Association of State Highway Transportation Official standards for safe-stopping sight distances.
(g)
Parking areas: Where feasible, parking areas should to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood. No off-street parking area shall be located in the required front yard. Parking to meet minimum requirements specified in § 350-41 shall be paved with hard surface material such as bituminous concrete. Parking in addition to minimum standards may be other than a hard surface material, provided it shall be treated with a surface binder, gravel, crushed stones or other material to prevent dust and erosion.
(h)
Traffic calming features: Traffic calming measures may be required.
(i)
Level of service maintenance or improvement: The suggested level of service (LOS) of intersections impacted by the traffic generated by the development shall be:
[1]
For newly constructed floor area, LOS "D" or better;
[2]
For projects subject to a special permit, present LOS if present level of service is "D" or lower where such suggested standard is not met, or where a proposed project will result in an increase of 10 seconds of delay to a signalized intersection, the special permit granting authority may require the applicant to provide detailed plans (including reconstruction concepts) that when implemented would result in an intersection LOS as set forth above, or a return to existing conditions, whichever is applicable.
(j)
Dangerous intersections: For projects subject to a special permit, safety improvements may be required for any net increase in traffic volumes of 10% or more at an intersection that has an accident history of more than five accidents in the last three years for which data is available.
(2)
There shall be a report from the Traffic Commission confirming that the proposed site development provides for adequate parking, adequate traffic circulation and transportation capacity for the site.
H.
Utilities; security; emergency systems: Projects may not overburden Town infrastructure services, including water, gas, electrical and wastewater systems. Building design may make use of water-conserving plumbing and minimize the amount of stormwater runoff through the use of best management practices for stormwater management. Further, buildings may be designed to make use of natural and energy resources efficiently in construction, maintenance, and long-term operation of the building, including supporting mechanical systems that reduce the need for mechanical equipment generally and its location on the roof specifically. Compliance with the Leadership in Energy and Environmental Design (LEED) certification standards and other evolving environmental efficiency standards shall be encouraged.
(1)
Wastewater treatment and disposal: There shall be a report from the Board of Health confirming that the proposed site development provides for wastewater treatment and/or disposal in a manner that is consistent with regulations of the Commonwealth of Massachusetts and the Dalton Board of Health.
(2)
Water: There shall be a report from the Water Department confirming that there shall be sufficient water capacity to meet the flow demands of the proposed use without causing municipal water flow characteristics off site to fall below the standards adopted by the Town.
(3)
Site security: There shall be a certification by the Police Chief or his or her designee that the petitioner has provided a written plan for site security, which plan has been approved by the Police Chief or his or her designee.
(4)
Underground: All electrical, cable and telecommunications lines shall be installed underground.
(5)
Fire alarm system: There shall be sufficient municipal fire alarm system capacity to meet the operating requirements of the proposed site development and use under applicable codes, regulations, and statutes enforced by the Fire Chief or his or her designee.
I.
Hazardous materials or waste:
(1)
Those businesses using or storing such hazardous materials shall submit a hazardous materials management plan that complies with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30. Said plan shall also be submitted to the Fire Chief and Board of Health.
(2)
There shall be reports from the Fire Chief and Board of Health confirming that an acceptable hazardous materials management plan has been prepared.
J.
General performance standards: The applicant shall demonstrate compliance with the general performance standards specified in § 350-90.
K.
Dust, fumes, vapors, gases and odors: Emission of dust, dirt, fly ash, fumes, vapors or gases that could be injurious to human health, animals or vegetation; detrimental to the enjoyment of adjoining or nearby properties; or that could soil or stain persons or property, at any point beyond the lot line of the use generating such emission, shall be prohibited. In addition, no land use or establishment shall be permitted to produce harmful, offensive or bothersome odors, scents or aromas (such as, but not limited to, those produced by manufacturing process, commercial food preparation, food processing, fish sales, rendering, fermentation process, decaying organic matter, and incinerators) perceptible beyond its lot lines, either at ground or habitable elevation. The location and vertical height of all exhaust fans, vents, chimneys or any other sources discharging or emitting smoke, fumes, gasses, vapors, odors, scents or aromas shall be shown on the site plan with a description of the source materials. In no case shall dust, fumes, vapors, gases or odors regulated by this article exhaust onto adjoining properties.
§ 350-106.13 Waiver of standards.
For a site plan approval or a special permit under this article, the Planning Board may waive any of the development standards set forth in § 350-106.12 where such waiver is consistent with public health and safety, and where such waiver does not undermine the purposes of this article and the proposed development will serve the goals and objectives set forth in § 350-106.1.
§ 350-106.14 Special permit mitigation.
The applicant may propose specific design alternatives and/or off-site improvements to municipal facilities to meet the development standards. Where such proposal is acceptable such design alternatives and improvements may be incorporated as a condition of the special permit, if granted. Where such mitigation is required, reasonable conditions may be imposed, including, but not limited to, the following:
A.
Timing: All improvements may be required to be completed prior to the issuance of either a building permit or a certificate of occupancy for the proposed development. Improvements associated with a phased development may be required to be completed for that phase prior to the issuance of either a building permit or a certificate of occupancy for such phase.
B.
Cost of improvements: The required design work and cost of construction and implementation of improvements required as a condition of a special permit shall be the full responsibility of the applicant.
C.
Cost of review and inspection: The cost of review of plans and the cost of periodic inspection of work during construction shall be the full responsibility of the applicant and shall be charged in accordance with procedural requirements to be adopted and from time to time as may be amended by the Planning Board.
D.
Specifications: All work proposed to improve or upgrade Town utilities and services shall be done according to the specifications established by the appropriate Town department or official.
E.
Road and intersection improvements: All road and intersection improvements proposed as part of development and redevelopment shall be consistent with local plans.
§ 350-106.15 Enforcement of special permit.
The special permit granting authority may ensure compliance with these performance standards at the application stage by requiring evidence of probable compliance, whether by example of similar facilities or by engineering analysis, verified by technical peer review. In addition, the special permit granting authority may require a monitoring program at the applicant's expense for compliance purposes for a time period as may be specified in the special permit.