Dartmouth City Zoning Code
ARTICLE 18
General Business Districts
§ 375-18.1 Purpose.
The purpose is to provide for commercial uses that provide employment opportunities and offer needed goods and services, while not imposing hazards or nuisances on neighboring residential uses, industrial uses, and the environment.
§ 375-18.2 Allowed uses.
Within any General Business District, as indicated on the Zoning Map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for other than one or more of the following specified uses:
A.
Retail sales outlet except adult bookstores and adult motion picture theaters as defined in MGL Chapter 40A, Section 9A.
B.
Restaurant or other facility for the preparation of food for retail sale on premises.
C.
Entertainment or recreation facility.
D.
Professional or business office.
E.
Office service such as travel or financial agency.
F.
Retail service or repair shop.
G.
Veterinary hospital.
H.
Medical or dental office or clinic.
I.
Medical, dental, or optical laboratory.
J.
Barber shop, beauty parlor, or health spa.
K.
Public or private club.
L.
Hotel or motel.
M.
Automotive service station.
N.
Nursery or greenhouse for plant materials to be sold at retail on premises.
O.
Funeral parlor.
P.
Exempt uses.
Q.
Wholesale sales outlets incidental to a retail sales outlet, of which such wholesale sales outlet use does not exceed 20% of the entire use.
R.
Wireless communications sites. The following wireless communications sites are allowed by right:
(1)
Towers under 100 feet in height erected for the exclusive use of a federally licensed amateur radio operator, provided however, that commercial/non-accessory uses on such towers may be allowed by Special Permit in accordance with the Zoning Bylaw.
(2)
The placement of transmitting or receiving equipment within existing structures so that such equipment is not visible from the outside of the structure.
(3)
The placement of transmitting or receiving equipment on the exterior face or roof of existing structures provided such equipment does not exceed the highest point of the structure by more than 20 feet.
(4)
Any equipment, including towers, in existence as of April 3, 1997, can be altered, maintained or replaced by right so long as such alteration, maintenance or replacement does not represent an increase or intensification of the use or height of such equipment. This provision does not allow new commercial or non-accessory uses to be added to existing equipment or towers, except as otherwise provided by Special Permit.
S.
Municipal buildings, structures, facilities, or uses owned and operated by the Town of Dartmouth.
(1)
No use will be permitted which will produce a nuisance or hazard from fire, explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure, or dwelling in the neighborhood.
(2)
In all cases, the applicant shall certify to the Building Commissioner, through the appropriate engineer certified in Massachusetts, that the equipment or tower proposed conforms to all local, State, and Federal laws and regulations prior to construction or installation.
T.
Agricultural uses.
(1)
Agricultural Uses are uses which include the use of land for agricultural purposes such as dairying, equine activities, pasturage, animal and poultry husbandry, crop production, truck farming, horticulture, floriculture, forestry, aquaculture, hydroponics or viticulture and uses ancillary to these activities.
(2)
The purpose of defining and setting standards for agricultural uses is to encourage legitimate agricultural uses in the Town of Dartmouth by allowing these uses to function with minimal conflict. This agricultural use regulation applies to all agricultural uses, provided that these uses shall enjoy all the rights and privileges, and be subject to those liabilities, afforded to such uses under Massachusetts General Laws. Massachusetts laws shall apply in the event that it affords more protection to agricultural uses above five acres in area than does this By-law.
(3)
The right to farm is hereby recognized to exist in the Town and is hereby declared a permitted use provided it is in conformance with all other federal, state and local law. The right to farm includes but is not limited to:
(a)
Production of crops, trees, foods, fibers, apiary and forest products, livestock, poultry, and other agricultural commodities.
(b)
Housing of farm laborers located on the farm at which they are employed, subject to State building codes and Town zoning.
(c)
Erection of agricultural buildings, including those dedicated to the processing and packaging of the output of the farm and those ancillary to agricultural production.
(d)
Grazing of animals and use of range for fowl.
(e)
Construction of fences.
(f)
Operation and transportation of large, slow-moving equipment over roads within the Town.
(g)
Control of pests, including, but not limited to, insects and weeds, predators and diseases of plants and animals, subject to Massachusetts Pesticide Board regulations.
(h)
Conducting agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural output or services of the farm.
(i)
Use of any and all equipment accessory to agriculture, including but not limited to: irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aids, and bird control devices.
(j)
Processing and packaging of the agricultural output of the farm.
(k)
Operation of a farmer's market or farm stand with attendant signage, including the construction of building and parking areas in conformance with applicable Town and State standards.
(l)
Operation of a pick-your-own operation with attendant signage.
(m)
Replenishment of soil nutrients and improvement of soil tilth.
(n)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas, as stipulated in Farming in Wetlands Resource Area: A Guide to Agriculture and the Massachusetts Wetlands Protection Act, Commonwealth of Massachusetts, Departments of Environmental Management, Environmental Protection, and Food and Agriculture, Rev. January 1996 (Publication on file at the Dartmouth Town Hall at the offices of the Conservation Commission, the Town Clerk, and the Agricultural Commission) or the most recent applicable guidance.
(o)
On-site composting of organic agricultural wastes which is subject to best management practices, prevents the unpermitted discharge of pollutants, is accessory to the primary agricultural use, and does not cause a public nuisance [MGL, 310 CMR 16.05(4)(c) and MGL Chapter 21H, Section 7(b)].
(p)
The application of manure, fertilizers, and pesticides (see: current Massachusetts Pesticide Board Regulations 333 CMR 1.00).
(q)
Installation of wells, ponds, and other water resources for agricultural purposes such as irrigation, sanitation, and marketing preparation.
(r)
On-farm relocation of earth and the clearing of ground for farming operations, provided that the movement of soils that are rated as "prime" by the Natural Resources Conservation Service shall not adversely affect agriculture in the Commonwealth. Off-farm earth removal shall be conducted only by Special Permit from the Zoning Board of Appeals in accordance with Article 45 of the Zoning By-Laws.
(4)
The minimum area of agricultural use shall be that necessary for the agricultural product being produced. (See Board of Health Regulations as to lots of less than five acres.) Agricultural uses include as an accessory use those facilities for the sale of agricultural products, wine and dairy products, except that facilities for the sale of agricultural products shall be regulated in the following manner:
(a)
During the harvest season of the primary crop, at least 50% of the products offered for sale on agricultural land owned or leased by a particular person shall have been produced on land owned or leased by the same person. Non-agricultural products customarily offered for sale shall not exceed 30% of the value of agricultural products offered for sale from the premises.
(b)
Consistent with Massachusetts General Laws, Chapter 111, Section 125A, the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.
U.
Stables.
(1)
A building and its surrounding grounds where horses or draft animals are kept or brought in for training, boarding, breeding, hire, riding, sale, show, competition, or any other equine activity or discipline.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section 125A, the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.
V.
Gardens.
(1)
Land set aside for the growing of ornamental, vegetable, or fruiting plants or for horticultural beautification of the property. Buildings or structures to support this activity are considered accessory uses.
(2)
Consistent with Massachusetts General Laws, Chapter 111, Section 125A, the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.
W.
Aquaculture farming. Facilities related to the production of shellfish, fish, or plants. The primary production areas located on top of or in marine or fresh waters. Accessory land based support facilities such as docks, storage, and propagation buildings are allowed.
X.
Business apartments.
(1)
A business apartment is defined as a residential unit available for use by one family, which is located in a building being used for business purposes such as, but not limited to retail, office, recreational, restaurant or limited production uses.
(2)
The purpose of a business apartment is to encourage small businesses and to provide convenient and affordable housing for individuals connected to the business. If rented to others, the business apartment could help subsidize business space to make the business more affordable for starter businesses. Business apartments can also help reduce commuter traffic if used by employees of the business.
(3)
A business apartment is allowed if the following conditions are met:
(a)
There is only one business apartment on a lot used for business purposes.
(b)
There are no hazards or significant nuisances created by mixing a residential unit with the other use(s) within the building.
(c)
The business apartment is provided with two on-site parking spaces for the exclusive use of the apartment residents which are in addition to any minimum parking spaces required for the business use(s). Signs shall identify the resident parking spaces, and said signs are allowed beyond any limitations under § 11.502 of the Zoning By-Laws.[1]
(d)
The apartment shall be served by Town water and Town sewer unless the Board of Health approves on-site water and septic systems.
Y.
Limited production of goods.
(1)
The manufacture of goods such as, but not limited to, furniture, pottery, cabinets or other specialty items which are then sold from the premises. Mail order sales are also allowed in addition to on-site sales.
(2)
The purpose of this subsection is to allow intermediate-sized handicraft-type businesses, which could benefit from greater commercial visibility for the sale of specialty products manufactured on the premises.
(3)
The limited production of goods is allowed if the following conditions are met:
(a)
All manufacturing shall take place within a building not to exceed 8,000 square feet in area. At least 10% of the area of the building shall be devoted to on-site retail sales.
(b)
The proposed use does not create a nuisance to abutters or in the surrounding area from hazards such as, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
(c)
The storage, use, and disposal of hazardous materials shall comply with all local, State and Federal laws or regulations.
(d)
The proposed use shall be served by Town water and Town sewer.
§ 375-18.3 Special permit uses.
The following uses are allowed only by Special Permit granted by the Board of Appeals except that § 375-18.3F shall only require a Special Permit from the Planning Board.
A.
Gasoline filling station, provided the following criteria are considered, and that the Board of Appeals makes written findings relative to each criterion:
(1)
The probability of a reasonable public need for the proposed station, supported by evidence including market data submitted by the petitioner.
(2)
The proximity of other gasoline filling stations.
(3)
That the proposed use will not create a traffic hazard or excessive traffic congestion because of its location to the following:
(a)
Necessity of turning movements in relation to access to public roads or intersections.
(b)
Other buildings on or near the site and the traffic pattern from such buildings.
(c)
Vehicular ways or pedestrian entrances or crossings to a public or private school, park, playground, or hospital, or other public use or place of public assembly.
(4)
That in the absence of convincing evidence to the contrary, the following shall constitute lack of probability of a reasonable public need for a proposed gasoline filling station:
B.
Commercial kennel, subject to the following conditions:
C.
Day-care facility or nursery school, subject to the following conditions:
(1)
That the Board of appeals determines that such use is not injurious to the District.
(2)
That the site design provides adequate safety and outdoor play area for the number of children served.
(3)
That outdoor play area shall be securely fenced and separated from vehicular ways and parking areas by a landscaped buffer at least 10 feet wide.
(4)
That the Board may impose other conditions it deems appropriate.
D.
Adult uses.
(1)
Adult uses, as defined in this subsection, shall require a special permit from the Board of Appeals in accordance with the provisions of Article 45 of these Zoning By-Laws and MGL Chapter 40A, Section 9, subject to the following conditions:
(a)
That the proposed use be at least 1,000 feet from any residential district.
(b)
That the proposed use be at least 500 feet from any other adult use as defined in this subsection.
(c)
That the proposed use as defined within the building is located at least 500 feet from any established use where minors usually assemble or congregate, including but not limited to, day care facilities, schools, churches, parks, and recreational/entertainment facilities.
(d)
The permit is not issued to any person convicted of violating the provisions of MGL Chapter 119, Section 63 (aiding the delinquency of a child), or MGL Chapter 272, Section 28 (dissemination of harmful materials to minors).
(e)
The building is designed so that noise from any proposed entertainment is not audible (zero decibels) outside.
(f)
The hours of operation are no longer than other similar type uses in the district (hours to be set by the Board of Appeals in the Special Permit).
(g)
Devices, objects, tools, toys, and entertainment or signs advertising the premises which are distinguished or characterized by their association with sexual activity are not visible outside the building.
(2)
Adult uses, for the purposes of this subsection, shall be any use which, has 20% or more of its sales area devoted to the sale of printed, recorded, or electronic media, or any of its floor area including preparation area, stage and seating areas devoted to the presentation of media or live performance which has emphasis on matter depicting, describing, or relating, to sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31. Adult uses shall also include any use which has 20% or more of its floor or sales area devoted to the sale or use of devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Chapter 272, Section 31.
(3)
Adult uses in existence and legally operating as of October 29, 1996, shall be classified as non-conforming uses as defined in § 375-6.1 of this Zoning Bylaw and MGL Chapter 40A, Section 6. Any expansion of such non-conforming use except structural alterations which do not expand the use shall require a special permit in accordance with § 375-6.1E of this Zoning Bylaw.
(4)
If any subsection or part of this by-law shall be found to be unlawful that finding shall not affect the lawfulness of the remaining subsections or parts.
E.
Telecommunications facilities. A telecommunications facility includes but shall not be limited to, a free standing structure taller than 50 feet (hereinafter referred to as a "Tower"), related equipment, and any building or other structure upon which such equipment is to be located, the purpose of which is to transmit or receive communications at a distance. Towers for commercial radio or television broadcasting are not included in this definition and are not permitted in this district. This regulation is created in order to promote safety and minimize the visual impact of the telecommunications facility, mitigate negative impacts to the district and encourage multiple uses on one structure.
(1)
The placement of transmitting or receiving equipment on the exterior of existing structures above 50 feet shall require a Special Permit from the Board of Appeals except as may be otherwise provided in these By-laws and needs to meet the applicable requirements for telecommunications facilities.
(2)
A telecommunications facility is allowed by Special Permit granted by the Board of Appeals if the following requirements are met:
(a)
An applicant for a telecommunications facility shall submit to the Board of Appeals satisfactory evidence that an existing structure is not currently available or already proposed in the service area in order to build a new telecommunications facility.
(b)
The Board of Appeals may allow a telecommunications facility to the height necessary to accommodate the transmitter/receiver for the proposed service and to encourage co-location. The Board of Appeals may limit the telecommunications facility design to one which has the least visual impact to the neighborhood.
(c)
All towers shall be set back from residential structures and schools, except those located on the parcel where the tower is to be located, a distance at least equal to the height of the tower. The Board of Appeals, as part of the Special Permit process, may impose more restrictive setbacks.
(d)
Telecommunications facilities or transmitters/receivers shall be located on sites which minimize the visual impact to the district. The applicant shall show to the Board of Appeals how this will be accomplished. Preference shall be given to sites in existing woodlands which will help screen the base of any proposed tower. Where adequate existing woodlands are not available, a planting plan shall be provided which shows any plantings to screen the telecommunications facility. All vegetation whether existing or proposed within or appurtenant to the site shall be maintained and protected by the owner of the telecommunications facility from cutting which will impair the screening ability of the vegetation.
(e)
Telecommunications facilities, if painted, shall be painted to minimize visual impact, except where colors specified by the Federal Aviation Administration for aircraft visibility are required.
(f)
Adequate fencing and other means shall be provided to control access to the base of any proposed tower, equipment or guy wires. Fences for the purpose of this subsection shall be no lower than six feet and no higher than 10 feet without the permission of the Board of Appeals. If metal fencing is used it shall be screened except for access gates unless such requirement is waived by the Board of Appeals.
(g)
Compliance with Article 24 or off-street parking requirements of the Zoning Bylaw is not required, except that the Board of Appeals shall review the site plan for access by service vehicles in a manner which minimizes negative impact to the neighborhood.
(h)
All signs and general lighting shall be subject to the standards of the zoning district in which such telecommunications facility is located unless otherwise allowed by the Board of Appeals, except where signs and lighting are required by the FAA for aircraft visibility.
(i)
Subject to the granting of a Special Permit for a tower by the Board of Appeals, a condition of the Special Permit shall require the applicant to allow co-location on the tower if structurally and technically feasible. Such requirements shall not be construed to limit the applicant's right to charge rent at fair market rates. The applicant shall indicate if additional co-location is feasible on the tower. If additional co-location is possible and approved under the Special Permit, the additional capacity can be added without an amendment to the Special Permit. A conceptual rendering of how the tower could look shall be provided. The applicant shall not be required to adhere to the contents of said conceptual rendering.
(j)
The Board of Appeals may impose reasonable additional restrictions or conditions to protect the district from hazards and promote the purposes of these regulations and the Zoning Bylaw.
(k)
Towers not in existence before April 3, 1997, shall be removed within three months of cessation of use, or termination of the Special Permit. In addition, the Board of Appeals shall require the posting of a bond to cover the costs of removal of the tower. The three-month deadline may be extended by the Board of Appeals if the owner of the tower demonstrates that new users are actively being pursued to use the tower.
(l)
The Board of Appeals may limit the Special Permit to a specific individual or corporation, except that such Special Permit may be transferred to similarly FCC- licensed individuals or corporations without further permission of the Board of Appeals.
(m)
The Board of Appeals may revoke the Special Permit if the telecommunications tower is found to be in non-compliance with the Special Permit conditions or these Zoning Bylaw in accordance with MGL Chapter 40A, Section 9.
F.
Senior residential services. Senior residential services include residential facilities or developments which are occupied primarily by persons 55 years of age and older, excluding their spouses or surviving spouses from said age requirement, and which may or may not include residential units occupied by resident staff personnel of any age.
(1)
Senior residential services as defined in this by-law currently encompass over 55 independent living, nursing homes, assisted living and adult day care facilities and can offer the full range of nursing care from total assistance to independent living. Such residential facilities may provide shared food preparation services, or independent food preparation areas. In addition, common recreational, laundry, social, medical and service facilities may be provided for the exclusive use of residents.
(2)
The purpose of permitting senior residential services in business zoned areas is to facilitate a mutually beneficial arrangement between residents and businesses by providing convenient access to services for residents and providing a steady customer base for business. In addition, the Town has a significant interest in broadening its housing choices for its aging population.
(3)
Senior residential services will be allowed by Special Permit from the Planning Board if the following conditions are met:
(a)
The maximum number of residential units, beds, or people allowed on a site shall be determined by the Planning Board based on factors including, but not limited to, impact on the neighborhood, affordability for residents, quality of life, and provision for adequate open space, recreational facilities, parking, landscaping, and buffers. The minimum size of residential units shall be at least 300 square feet. Residential units can be located in freestanding single-unit buildings or in multi-unit buildings.
(b)
The architectural appearance of buildings is primarily residential in character, particularly providing gabled roofs, an articulated footprint and varied facade. Alternate architectural styles can be considered if appropriate to the site and not out of character with the area.
(c)
Senior residential services shall be served by Town water and Town sewer.
(d)
Article 24, Site Plan Review, shall apply pursuant to § 375-18.4G of this By-law, except that if the site plan submitted to the Planning Board meets all off-street parking plan submittal requirements, the site plan approved in the Special Permit process shall be deemed the approved off-street parking plan. Parking spaces shall be provided at the rate of 0.3 per residential unit, plus one for each employee on duty at any given time; except that independent living facilities or developments shall have two parking spaces per residential unit.
(e)
It must be demonstrated, and the Planning Board must agree, that the proposal has a positive impact on existing local businesses.
(f)
Independent living facilities or developments shall be required to create pedestrian and vehicular connections between the residential units and business uses. It is the intent of this condition to integrate residential units with business uses both on- and off-site to promote a mixed use, village environment.
(g)
Conversion of independent living facilities or developments subject to this By-law to general housing shall not be allowed. The Planning Board shall require legal restrictions or employ other means to ensure that such facilities and developments remain as senior residential services.
(h)
The Planning Board may impose additional restrictions or conditions to maintain a viable business district, to promote quality development of the area and to promote the general health, safety, and welfare of the community.
(i)
Once a Special Permit has been granted, the Planning Board may revoke the Special Permit after holding a public hearing in accordance with MGL Chapter 40A, if any condition of the Special Permit has not been adhered to.
§ 375-18.4 Development standards.
A.
In General Business Districts, all lots laid out after April 25, 1978, shall have a minimum frontage of 150 feet and a minimum area of 43,560 square feet.
C.
No building or structure shall be placed nearer than 50 feet to an abutting residential district.
D.
The maximum height of the roof of any building or the top of any freestanding structure shall be 35 feet. Height shall be measured from the finished grade at lowest point at the foundation around the building or structure, to the highest point of the building or structure or to the peak of a sloping roof; notwithstanding any other definition of height in this zoning by-law.
(1)
Air conditioners, elevator shafts, chimneys, ventilating units, heaters or water tanks (hereafter called add-ons) are allowed on top of buildings or roofed freestanding structures provided they shall not exceed 50 feet in height, and further provided that add-ons above 35 feet must be setback from lot lines a distance equal to the height of the add-on. Height of add-ons shall be measured to the highest part of the add-on from the lowest finished grade at the foundation of the building or structure to which the add-on is attached. Add-ons over 35 feet in height shall not have signage, corporate logos, or advertising located, all or in part, above 35 feet.
(2)
Parapets are allowed by Special Permit from the Planning Board, provided they not exceed 50 feet in height (height to be measured same as add-ons) and the Planning Board finds that the parapets are needed to screen allowed add-ons or for safety. Parapets must be designed to minimize the mass of the building, shall be no more extensive than is necessary to provide needed screening, provide needed measure of safety, and improve the appearance of the district. Parapets over 35 feet shall not have signage, corporate logos, or advertising located, all or in part, above 35 feet.
E.
Light standards may not exceed 35 feet height. Interior and exterior lights, including lighted signs, must not be directed toward public streets in such a way as to create glare, distraction, or confusion with traffic signals or signs. (See Article 24, Site Plan Review, for additional requirements.)
F.
All uses on a lot which include, but are not limited to, buildings, driveways, parking areas, storage areas, impermeable surfaces, etc. shall not cover more than 65% of the entire lot. Landscaped areas are not included.
H.
All parking areas, drives, access ways and loading areas must be graded and surfaced to prevent shifting or rutting under reasonably anticipated weather conditions and to minimize dust raised by vehicles and wind. (See Article 24, Site Plan Review, for additional requirements.)
I.
All water, sewer, gas, electric, and other utility services shall be underground.
J.
At no time shall noise levels emanating from normal operations, except motor vehicles, exceed 60 d.b.a. at the lot line.
K.
All areas not under impervious cover must be maintained in natural or cultivated living plant material, except that up to 10% of gross landscaped area may be permeable non-organic cover. (See Article 24, Site Plan Review, for additional requirements.)
L.
Multiple buildings are allowed on each lot and more than one use may be allowed in each building, provided all uses are permitted within the district.
M.
Waste materials must be stored in closed containers. Waste containers, compressors or other material which cannot be safely stored within a building must be screened on all sides by an opaque fence or wall six feet high. All outside storage including storage and display of building materials, plant materials and equipment for sale must be contained within the buildable area of the lot.
N.
Maximum height of a fence or wall outside buildable area shall be six feet. Uses with on-site litter disposal shall be fenced to prevent litter blowing from property.
§ 375-18.5 Procedures.
A.
The Applicant shall submit to the Building Commissioner a site plan together with the following information:
(1)
Topography in two-foot contours for the entire site.
(2)
Site plan showing proposed grading, all roads, parking, buildings, and utilities with necessary details, in a scale no smaller than one inch equals 40 feet.
(3)
Storm water management plan supported by soil Conservation Service TR-20 or TR-55 method calculations demonstrating no net increase in rate of storm water runoff.
(4)
Traffic impact assessment report, containing the following information:
(a)
Projected a.m. and p.m. peak traffic and average daily traffic for the proposed facility. Number of hourly distribution of vehicles gross vehicle weight category.
(b)
A review of any existing master plans relating to traffic in the project vicinity; an assessment of the project impact on the implementation of the master plan; and, in particular, the project's impact on proposed takings for roadway improvements. The review shall consider possible locations of curb cuts on nearby parcels and demonstrate consistency with the master plan.
(c)
If the proposed site development will result in a decrease in the peak capacity of nearby roads and intersections of 10% or more a level of service analysis for pre- and post-development conditions is required. If this analysis indicates a reduction in Level of service (LOS) by one level or more (i.e., B to C), or if intersection failure is projected or anticipated (LOS = D or worse), a mitigation plan shall be prepared for implementation prior to issuance of any occupancy permit. The applicant should consult with the DPW to determine which intersections should be analyzed.
B.
Pre-application consultation is strongly recommended. The Building Commissioner shall review the plans for compliance with all pertinent laws, including Article 24, Site Plan Review. The Building Commissioner shall issue or deny a building permit within 30 days. The Building Commissioner may submit plans to the Planning Director, Town Engineer, Conservation Officer, and other appropriate officials and boards.