Georgetown City Zoning Code
ARTICLE XIII
Special Permits and Site Plan Review
[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
§ 165-74 Public hearing on special permit required.
[Amended 5-22-1988 ATM, Art. 22 (Amdt. No. 71)]
Special permits shall only be issued following public hearings held within 65 days after filing of an application with the Town Clerk. A copy of the application shall be given to the special permit granting authority, hereinafter referred to as "SPGA." A copy of the rules of the Board shall be filed with the Town Clerk as provided by law (MGL c. 40A, § 9).
§ 165-75 Lapse of special permit.
[Amended 5-2-2005 ATM, Art. 25 (Amdt. No. 153); 5-6-2024 ATM by Art. 16]
A special permit shall lapse within three years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause, or in the case of permit for construction if construction has not begun by such date except for good cause. Such three years shall be extended by the time required to pursue or await the determination of an appeal from the grant thereof to the Land Court or Superior Court under law. (MGL c. 40A, § 17).
§ 165-76 Scientific research.
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or issuance of a special permit, provided that a finding is made that the proposed accessory use does not substantially derogate from the public good.
§ 165-77 Failure to act on application for special permit.
[Amended 5-22-1988 ATM, Art. 22 (Amdt. No. 71)]
If the Board of Appeals or Planning Board, as the case may be, has failed to take final action upon an application for a special permit within 75 days following the date of public hearing, the applicant shall so notify the Clerk of such Board and the Town Clerk; failure to give such notice shall be deemed a waiver by the applicant of his right to deem the permit to be granted for failure to take final action within 90 days. The required time limits for a public hearing and for a decision may be extended by written agreement between the petitioner and the SPGA.
§ 165-78 Special permit conditions.
A.
Special permits may impose conditions, safeguards and limitations on time and use. They may be issued only for uses which are in harmony with the general purpose and intent of this chapter and shall be subject to general or specific provisions set forth in this chapter.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
B.
Such conditions may include, if reasonably appropriate to safeguard the neighborhood, or otherwise serve the purpose of this chapter, the following:
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
(1)
Front, side or rear yards greater than the minimum required by this chapter.
(2)
Screening buffers or planting strips, fences or walls.
(3)
Modification of the exterior appearance of the structures.
(4)
Limitation upon the size, number of occupants, method and time of operating for the duration of permit or extent of facilities.
(5)
Regulation of number and location of driveways, or other traffic features and off-street parking or loading, or other special features beyond the minimum required by this chapter.
C.
Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board.
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
§ 165-79 Required findings for granting of special permit.
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
Uses shall not be granted under a special permit unless the following are found by the Board:
A.
The requested use is essential or desirable to the public convenience or welfare.
B.
The requested use will not overload any public water or other municipal system so as to unduly subject any area to hazards affecting health, safety or the general welfare.
C.
The requested use will not impair the integrity or character of the district or adjoining districts.
D.
The requested use will not cause an excess of that particular use which could be detrimental to the character of the neighborhood.
§ 165-80 Adult Entertainment Overlay District.
[Added 6-15-1998 ATM, Art. 25 (Amdt. No. 124)[1]]
A.
Authority. This bylaw is enacted pursuant to MGL c. 40A and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment enterprises, as defined and designated herein, because of their deleterious effect in generating crime and blight.
B.
Purpose.
(1)
It is the purpose of the Adult Entertainment Overlay District to address and mitigate the secondary effects of the adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Georgetown and its inhabitants.
(2)
The provisions of this bylaw have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of the bylaw to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitutions of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
C.
Definitions. As used in this bylaw, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT USES
Include the following:
(1)
Adult bookstores, as defined by MGL c. 40A, § 9A;
(2)
Adult Motion Picture Theaters, as defined by MGL c. 40A, § 9A.
(3)
Adult Paraphernalia Store, as defined by MGL c. 40A, § 9A;
(4)
Adult video store, as defined by MGL c. 40A, § 9A;
(5)
Establishment which displays live nudity for its patrons, as defined by MGL. c. 40A, § 9A.
D.
Adult entertainment uses by special permit in the Adult Entertainment Overlay District.
(1)
Notwithstanding any other provision in this bylaw to the contrary, adult entertainment uses shall be prohibited in all zoning districts in the Town of Georgetown except at National Avenue for the entire length of the road, which shall be designated as the Adult Entertainment Overlay District, and shall overlay the underlying Industrial B District. Such uses may be permitted in the Adult Entertainment Overlay District only upon issuance of a special permit by the Zoning Board of Appeals. Such a special permit shall not be granted unless each of the following standards has been met.
(a)
The application for special permit for an adult use shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.
(b)
No adult use special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 60 or MGL c. 272, § 28.
(c)
Location.
[1]
Adult uses shall not be located within:
[a]
Four hundred feet from the nearest residential district;
[b]
Four hundred feet from the nearest adult entertainment use as defined herein; or
[c]
Four hundred feet from the nearest establishment licensed under MGL c. 138, § 12.
[2]
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
(d)
All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
(e)
Screening and buffering: A five-foot-wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five feet in height at the time of planting, or a solid fence not less than six feet in height.
(f)
No adult use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transport material any sexually explicit figures or words as defined in MGL c. 272, § 31.
(g)
No adult use shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.
(h)
No adult use shall be allowed within a building containing other retail, consumer or residential uses.
(i)
No adult use shall be allowed within a shopping center, shopping plaza or mall.
(j)
The proposed adult entertainment use shall comply with the off-street parking requirements set forth in § 165-31 of the Zoning Bylaws.
(k)
No adult entertainment use shall have any flashing lights visible from outside the establishment.
(l)
No adult entertainment use shall have a freestanding accessory sign.
(m)
No adult entertainment use shall be established prior to submission and approval of a site plan by the Planning Board. The site plan shall conform to all requirements of site plan approval. The site plan shall show the distances between the proposed adult entertainment use and the boundary of the nearest residential zoning district and the property line of each of the uses set forth in § 165-80D(1)(c)[1][a], [b] and [c].
(2)
Hours of operation: The SPGA shall establish reasonable hours of operation.
E.
Conditions. The special permit granting authority may impose reasonable conditions, safeguards, and limitations on time or use of any special permit granted and shall require that any such special permit granted shall be personal to the applicant, shall not run with the land, and shall expire upon sale or transfer of the subject property.
F.
Expiration. A special permit to conduct an adult entertainment use shall expire after a period of three calendar years from its date of issuance and shall be automatically renewable for successive three-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to said expiration date and that no objection to said renewal is made and sustained by the special permit granting authority based upon the public safety factors applied at the time that the original special permit was granted.
G.
Retroactive application. Each adult use in existence upon the effective date of this section shall apply for an adult use special permit within 90 days of the adoption of this section.
H.
Severability. The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.
[1]
Editor's Note: This amendment also repealed former § 165-80, Adult bookstore special permits, added 5-2-1983 ATM, Art. 23 (Amdt. No. 60).
§ 165-80.1 Wireless communication facility special permits.
[Added 6-16-1997 ATM, Art. 42 (Amdt. No. 100)]
The Zoning Board of Appeals acting as a special permit granting authority (SPGA) may grant a special permit authorizing the construction and operation of a wireless communication facility in the Industrial B District after a public hearing conducted in accordance with § 165-74. In considering an application for a special permit, the applicant must show and the SPGA must find, in addition to the requirements set forth at § 165-79, that:
A.
Any proposed tower is monopole in design. Lattice or tripod design towers or those requiring guy wires for support are prohibited.
B.
Areas to be cleared of trees and vegetative growth shall be shown clearly on the proposed plan and are only those areas necessary for the construction, operation and maintenance of the wireless communication facility. The use of chemical herbicides for vegetation control is prohibited. The applicant shall be required to submit an erosion control plan that prevents run-off on any sloping site. The applicant may be required to plant a noise barrier of trees and vegetative growth if any boundary of the wireless communication facility site is within 500 feet of a residential home.
C.
Any proposed wireless communication facility is set back from the property line at least a minimum distance equal to the height of the facility, but in no case less than 100 feet. No wireless communication facility may be constructed within 300 feet of a residential home.
D.
The applicant is encouraged to share the use of all wireless communication facilities with other service providers. No special permit may be granted for a new wireless communication facility unless the applicant shows that space on existing facilities is not available. Any tower constructed shall be designed to accommodate the maximum number of uses technologically practical. Service providers may be encouraged to locate and disguise their facilities within steeples, towers or other facilities.
E.
The visual impact of any wireless communication facility is minimized. All towers shall be painted green to the height of the tree line and painted silver or a galvanized finish above the tree line to blend with the surrounding landscape.
F.
Access to any wireless communication facility is by a roadway that respects the natural terrain. The roadway design must be approved by the SPGA and the Fire Chief to assure emergency access at all times. No access roadway may exceed a grade of 6%. Consideration may be given for a design that minimizes erosion, construction on unstable soils and steep slopes.
G.
Fencing is provided to control access to the base of any wireless communication facility. The design of the fencing shall be of a type compatible with the scenic character of the Town. The use of barbed or razor wire is prohibited.
H.
Traffic associated with the wireless communication facility does not adversely affect abutting ways.
I.
All wireless communication facilities, or parts thereof, that remain unused for a period of two years must be dismantled and removed at the owner's expense, with the site restored to its preexisting condition.
J.
No night lighting of the wireless communication facility is permitted unless required by the Federal Aviation Administration.
K.
All utility lines serving the wireless communication facility are located underground and that the best available technology is used to minimize noise emitted from the site.
L.
No signs or advertising may be placed on a wireless communication facility except for "no trespassing" signs, and a single sign stating where the owner and operator of the wireless communication facility may be reached 24 hours every day.
M.
Where the applicant is not the owner of the land where the wireless communication facility is proposed, the term of the special permit will be limited to the term of the lease or other agreement granting land use rights to the applicant.
N.
Any special permit granted shall authorize the Town or its agents to enter the premises at any time for the purpose of inspection.
O.
The applicant, upon issuance of the special permit, shall post a cash or insurance bond to the Town guaranteeing completion of construction in accordance with the permit. Said bond shall be returned to the applicant when the SPGA determines that the wireless communication facility has been completed in accordance with all special permit conditions. The amount of the bond shall be determined by the SPGA.
P.
The applicant, upon issuance of the permit, shall post a cash or insurance bond to the Town guaranteeing the cost of dismantling and removing the wireless communication facility and restoring the site to its preexisting condition if the facility has not been used in the previous 12 months. The amount of the bond shall be determined by the SPGA.
Q.
The applicant shall carry insurance in a reasonable amount to be determined by the SPGA, naming the Town of Georgetown as an insured party, that shall indemnify and protect the Town from defense costs and damages sought as a result of physical damage caused by the wireless communication facility, damages caused by transmissions or electrical interference and all other site liabilities. A certificate of insurance shall be filed with the Town Clerk on an annual basis.
R.
The applicant shall file an annual report with the Inspector of Buildings providing the current ownership of the wireless communication facilities and showing all lessees that operate equipment at the wireless communication facility site. Said report shall include mail and telephone contact information for all owners and equipment operators. The applicant shall report to both the Inspector of Buildings and the SPGA any increase of use or cessation of use at the wireless communication facility.
S.
The applicant shall provide an annual certification by a Massachusetts licensed professional engineer showing that the wireless communication facility complies with all current standards of the Federal Aviation Administration and the American National Standards Institute.
T.
The applicant is required to pay the fee of technical experts chosen by the SPGA to assist with the review of plans and applications in accordance with MGL c. 44, § 53G.
U.
The addition of cells, antennas or transmitters or the construction of replacement towers or transmitters require an amendment of the special permit and may be granted by the SPGA after a public hearing held in accordance with § 165-74.
§ 165-80.2 Major development review.
[Added 5-7-2007 ATM, Art. 29 (Amdt. No. 162)]
A.
Purpose. The purpose of this bylaw is to identify and attempt to mitigate potential negative impacts to the Town of Georgetown, such as to Town services, traffic patterns, the environment, abutting properties, or the public health and safety, caused directly or indirectly by major development.
B.
Application. The provisions of this section shall apply to any of the following uses:
(1)
All new uses as defined by the Georgetown Zoning Bylaw that generate 1,000 vehicle trips per day or more in the General Commercial District, and/or 500 vehicle trips per day in any other district.
(2)
All uses that create 50 or more dwelling units.
(3)
All subdivisions of land into 50 or more building lots.
(4)
All new uses of 30,000 square feet or more.
(5)
Any expansion of an existing use in which the expansion combined with the existing use meets or exceeds the above thresholds, and the expansion exceeds 20% of the existing:
(a)
Vehicle trips per day, or
(b)
Dwelling units, or
(c)
Building lots, or
(d)
Gross floor area
C.
Reviewing authority. The special permit granting authority for major development special permits shall be the Planning Board.
D.
Submittal requirements. Uses subject to this section shall require site plan approval in accordance with § 165-83 of this bylaw.
(1)
In addition to the submittal requirements for site plans in § 165-83 of this bylaw, the following additional information shall also be submitted:
(a)
Facade elevations of all sides of any new building or structure or alterations to any existing building or structure.
(b)
Photographs showing the proposed building site and abutting properties.
(c)
Plans for phased construction.
(d)
Contingency plans or bond relative to financial ability to complete the project.
(e)
An impact statement prepared in accordance with the Major Development Review Rules and Regulations for Impact Statements.
(2)
The SPGA may require an independent consultant, contracted by the Town and paid for by the applicant, to perform a peer review to review all or portions of the project's impact statement.
E.
Criteria for approval of a major development. The special permit granting authority may issue a special permit for a major development only after finding that the proposed project will not adversely impact adjacent properties, the neighborhood, the Town, or the environment. The following criteria shall be considered:
(1)
The special permit criteria in § 165-79 of this bylaw.
(2)
The site plan approval guidelines in § 165-83 of this bylaw.
(3)
The standards for evaluating the impacts of a project set forth in the Major Development Review Rules and Regulations for Impact Statements.
F.
Project decisions. Upon review of the project, the SPGA shall:
(1)
Deny the special permit, stating specific conditions which cannot be sufficiently mitigated, or
(2)
Grant the special permit with conditions, safeguards and/or limitations, stated in writing, or
(3)
Grant the special permit as presented.
§ 165-81 More than one building on lot requires special permit.
[Added 5-1-1989 ATM, Art. 22 (Amdt. No. 79); amended 6-10-1991 ATM, Art. 20 (Amdt. No. 83); 5-2-2011 ATM, Art. 39 (Amdt. No. 176)]
Notwithstanding the requirements listed under § 365-6 of the Town Bylaws, not more than one building designed or available for use for residential, recreational, business, industrial, institutional or other use as described in the Use Regulations Schedule[1] shall be erected or placed or converted to such use on any lot in Town without a special permit from the Board of Appeals or, in instances where the Planning Board is the special permit granting authority for the principle use of the property or for major project reviews, the Planning Board shall be this special permit granting authority.
[1]
Editor's Note: The Use Regulations Schedule is included at the end of this chapter.
§ 165-82 Associate member of Planning Board to act on special permits.
[Added 11-13-1995 STM, Art. 9 (Amdt. No. 98)]
The Board of Selectmen and Planning Board may jointly appoint an associate member to the Planning Board solely for the purpose of acting upon special permit applications, when required, as described in MGL c. 40A, § 9.
§ 165-83 Site plan approval.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50); 5-4-1981 ATM, Art. 18 (Amdt. No. 58); 5-6-1985 ATM, Art. 21 (Amdt. No. 64); 6-15-1998 ATM, Art. 26 (Amdt. No. 125)]
A.
Purpose and conditions of approval. The purposes of a site plan approval are to protect the health, safety, convenience, and welfare of the inhabitants of the Town of Georgetown as well as the natural resources that people depend upon by providing a comprehensive review of land use and development plans to insure that the following conditions have been met:
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(1)
The location of buildings, uses and other site development are properly located on a site.
(2)
Adjacent properties are protected from nuisance caused by noise, fumes and glare of lights, and from detracting visual features.
(3)
Unique man-made features, such as stone walls, and significant natural features on a site are preserved as much as possible (i.e., hills, water bodies, wetlands, trees, tree groves, wooded areas, rock outcrops, native plants, wildlife habitats and other areas of aesthetic and ecological interest).
(4)
Adequate parking, loading facilities, drainage and methods of solid waste disposal are provided on-site.
(5)
Pedestrianways, access driveways, loading and parking facilities are properly designed and operated for public convenience and safety.
(6)
To maintain the village-like character of the Town by considering the architectural style and its relation to the prevailing character and scale of buildings in the neighborhood, proposed buildings shall relate harmoniously with the surrounding area.
(7)
Water resources are protected from depletion and contamination, including drinking water supplies, watershed protection land, aquifers and the Parker River and its tributaries.
B.
Projects requiring site plan approval.
(1)
Applicability. Except as otherwise exempted in accordance with Subsection C, no building permit for the construction, exterior alteration, relocation, occupancy, or change in use of any building shall be permitted and no new or existing use(s) shall be established or expanded in off-street parking or floor area except in conformity with a site plan approved by the Planning Board. Required approval includes, but is not limited to, proposals for commercial, industrial, office, multiple-family dwelling residential developments, municipal, institutional, utility, fraternal or recreational uses.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(2)
Site plan approval shall also be required for the resumption of any use discontinued or not used for more than two years, or for the expansion of any existing use. "Expansion" shall include a total floor area increase of more than 500 square feet or the introduction of new materials or processes not previously associated with the existing use.
[Amended 10-25-1999 STM, Art. 17 (Amdt. No. 141)]
C.
Exemptions from site plan approval. Site plan approval shall not be required for:
(1)
The construction or enlargement of any single-family or two-family dwelling, or building accessory to such use;
(2)
The construction or alteration of any building used exclusively for agriculture, horticulture, or floriculture;
(3)
Construction or alteration providing for not more than 500 square feet total floor area after construction;
(4)
Customary home occupations as defined in the Zoning Bylaws.
(5)
Construction of single-family residential subdivisions;
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(6)
Construction of any passive recreational trails or pathways; and
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(7)
Addition or expansion of up to three off-street parking spaces.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
D.
Procedure.
(1)
Pre-filing review; filing of application.
(a)
Any person desiring approval of a site plan shall first obtain an application for site plan approval. Prior to filing a site plan application, the applicant is encouraged to review the proposed site plan with the Town departments, boards and commissions listed on the application. The purpose of this pre-filing review is to review with the applicant the requirements and criteria for site plan approval and address questions in order to give the applicant advice and comments prior to submitting a site plan application and thus avoid unnecessary time and costs to the applicant due to unforeseen problems and issues with a submitted site plan.
(b)
At the time of filing, the applicant must submit 16 copies of a completed site plan application and 16 copies of the site plan, conforming to all requirements listed in the section, along with all pre-filing comments received, to the Planning Board. The site plan application and plans will be date stamped by the Planning Board and forwarded to all the Town departments, boards and commissions listed on the application form for their review and comment. Two copies of drainage calculations must be submitted to the Planning Board. The applicant must file a copy of the site plan application with the Town Clerk. Every effort shall be made to have all Town comments submitted to the Planning Board within 30 days of receipt of a site plan approval application and these comments shall be available to the applicant and to the public.
(2)
Site plan application and site plan shall be forwarded to:
(a)
Board of Health.
(b)
Building Inspector.
(c)
Conservation Commission.
(d)
Highway Surveyor.
(e)
Police Chief.
(f)
Fire Chief.
(g)
Light Department.
(h)
Water Department.
(i)
Water Conservation Committee.
[Added 5-2-2011 ATM, Art. 40 (Amdt. No. 177)[1]]
[1]
Editor's Note: This article also redesignated former Subsection D(2)(i) as Subsection D(2)(j).
(j)
Eight copies to Planning Board.
[1]
Five copies for members.
[2]
One copy for Planner.
[3]
One copy for technical review agent.
[4]
One copy for file.
(3)
An application for site plan approval shall also be accompanied by the following:
(a)
An abutters list of names and addresses of all property owners of record who share a common property line with any portion of the property specified on the site plan approval application and plan.
(b)
One copy of all applicable permits prior to the issuance of a building permit, approvals, variances and applications applied for and obtained for the project and property. If a variance or special permit is required for a project, it shall be obtained prior to the application for site plan approval described in § 165-83B. The Zoning Board of Appeals or special permit granting authority may request a site plan approval prior to making its decision.
(c)
Written permission from the owner of the property to apply for site plan approval if the applicant is not the owner.
(4)
At least seven days prior to the date of the public hearing, the Planning Board shall advertise the public hearing in a newspaper of local circulation and shall send written notice by first class mail to all abutters. The legal advertisement and abutter notification shall include, at a minimum, the following information:
(a)
The name and, if applicable, the business name and address of the applicant.
(b)
The street address and the assessor's map and lot number of the property as specified on the site plan application on which construction or expansion is planned.
(c)
A brief description of the type of construction or expansion planned.
(d)
The designated Town office where the site plan application can be reviewed.
(e)
The date, time and place of the public hearing.
(5)
Decision by Planning Board; failure to act; forwarding of approved site plan to Building Inspector.
(a)
Final vote and decision on the site plan shall be taken by the Planning Board after a public hearing has been held and within 60 days of its submission to the Planning Board.
(b)
Failure of the Planning Board to act within the above-prescribed 60 days shall be deemed as approval and it shall forthwith make such endorsement on said plan and, on its failure to do so, the Town Clerk shall issue a certificate to the same effect. The applicant may request an extension for decision which may be granted by the Planning Board.
(c)
The Planning Board shall forward one copy of the approved site plan, signed by the Planning Board, to the Building Inspector within five days of final Planning Board action.
(6)
Occupancy permits.
(a)
No occupancy permits shall be issued for any building or structure, or portion(s) thereof, until:
[1]
The Planning Board receives an as-built plan and certification from a registered architect, engineer and/or land surveyor, as appropriate, that all construction (including utilities) has been done in accordance with the approved site plan.
[2]
The Planning Board agent verifies that all conditions of the approved site plan have been met with notice to the Building Inspector.
[Amended 5-1-2006 ATM, Art. 38 (Amdt. No. 161)]
(b)
However, occupancy permits may be issued for a portion of any building or structure, upon approval by the Planning Board, if the only work left incomplete is the driveway top course and landscaping; and surety, the amount to be set by the Planning Board, is posted with the Town to ensure that the incomplete landscaping and/or driveway top course is completed within a reasonable time.
(7)
The Planning Board may require peer review by outside consultants and the expense shall be borne by the applicant. Peer review may be required on any aspect of the plan.
E.
Contents of site plan.
(1)
The site plan shall contain the following:
(a)
Locus map.
(b)
Date.
(c)
North arrow.
(d)
Name, address, phone number of owner and of design engineer.
(e)
Location of all wetlands and buffer zones, and of floodplain.
(f)
Easements.
(g)
Coverage percentages of building and impervious area.
(h)
The location and name of all streets and indicate whether the street is a public or private way.
(i)
On-site and abutting lot lines.
(j)
Zoning lines.
(k)
Existing and proposed topography contour lines at one- or two-foot intervals.
(l)
Information on the location, size and type and number of existing and proposed landscape features. A proposed plant list containing species/common name, and size/caliper shall be included as well.
(m)
Information on the location, size and capacity of existing and proposed on-site and abutting utilities (water, sewer, drainage, electrical, cable, etc.).
(n)
Stormwater and infiltration facilities (detention areas, rain gardens, treatment swales, etc.) and water conservation measures (cisterns, rain barrels, etc.).
[Added 5-2-2011 ATM, Art. 40 (Amdt. No. 177)[2]]
[2]
Editor's Note: This article also redesignated former Subsection E(1)(n) through (y) as Subsection E(1)(o) through (z), respectively.
(o)
The location and dimensions of all existing and proposed buildings and uses on site, including sheds, dumpsters, etc.
(p)
Elevation and facade treatment plans of all proposed buildings. Color renderings are encouraged and may be required.
(q)
Information on the location, size and type of parking, loading, storage and service areas.
(r)
Zoning and other applicable setback distances.
(s)
Zoning parking calculations.
(t)
Fire lane.
(u)
Details and specifications (if applicable) for proposed site amenities, including, but not limited to, fences, walls, other barrier materials; and special paving materials.
(v)
Limit of work delineation.
(w)
Maximum number of employees.
(x)
Signature box for Planning Board's approval with five lines.
(y)
Sight distance, measured as and in compliance with Chapter 365, Subdivision Regulations of the Town of Georgetown, § 365-37H, Clear sight distance.
(z)
If any waivers are sought from the Planning Board from this section, they shall be clearly listed with their descriptions on the drawing.
(2)
The Planning Board reserves the right to request additional information or plan details during the review process.
(3)
The plan shall be 24 inches by 36 inches in size. The scale shall be a minimum of one inch = 40 feet, except for elevation views which shall be at a scale of 1/8 inch = one foot or 1/4 inch = one foot.
F.
The plans shall be legible, include legends, and, if necessary for large or complex projects, the proposed layout, planting, utility and grading for the site shall be separated into their own respective drawings.
G.
The Planning Board may require additional information, such as traffic impact and drainage design reports. The Planning Board shall also, in this case, request a community impact assessment from the applicant.
H.
Traffic.
(1)
When a traffic report is deemed necessary by the Planning Board, the study shall include the following:
(a)
Internal traffic flow analyses.
(b)
Existing average daily traffic and peak hour levels.
(c)
An analysis of average daily traffic and peak hour levels resulting from the project.
(d)
An analysis of existing and resulting intersection levels of service (LOS). (Please refer to the Manual of the Institute of Transportation Engineers for the definition of level of service.)
(e)
Directional flows resulting from the proposed project.
(f)
Proposed methods to mitigate the estimated traffic impact.
(g)
Identification of any pedestrian crossing issues.
(h)
The methodology and sources used to derive existing data and estimations.
(2)
In an instance where the proposed project will result in an intersection level of service below a rating of LOS D, the applicant shall provide detailed plans that, when implemented, would result in an intersection level of service rating of D or better. (Please refer to the Manual of the Institute of Transportation Engineers for the definition of level of service.)
I.
Community impact assessment.
(1)
The purpose of a community impact assessment is to evaluate the visual impacts of a proposed development and its applicability to the environs.
(2)
The contents of the assessment shall include the following, at a minimum:
(a)
Evaluation of the relationship of proposed new structures or alterations to nearby preexisting structures in terms of character and intensity of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements);
(b)
An analysis of the visual impacts from the proposed development and viewshed alterations and of the location and configuration of proposed structures, parking areas, open space, and gradient changes and the effect they will have on neighboring properties.
J.
Town character.
(1)
The Planning Board may require exterior finishes or building treatments in keeping with the character of the district. The building setbacks, area and location of parking, architectural compatibility, signage and landscaping of the development shall harmonize with the surrounding townscape and the natural landscape.
(2)
The site plan must be signed and stamped by a professional deemed appropriate by the Planning Board. This may include, but is not limited to, a registered civil engineer, architect, land surveyor or landscape architect.
K.
Parking requirements. In reviewing the site plan as part of the approval process, the Planning Board shall ascertain that the site plan meets the following requirements:
(1)
Location of parking spaces.
(a)
Parking spaces shall be located at least five feet from the building foundation walls of all occupied buildings and the street sideline.
(b)
Accessible parking spaces shall be located near the primary and/or accessible building entrance.
(2)
Width of access drives and parking aisles. All access drives and parking lot aisles shall be at least 12 feet wide for one-way traffic and 24 feet wide for two-way traffic.
L.
Site landscaping.
(1)
The following are the criteria used for landscape design evaluation:
(a)
The development, through the use of landscape materials, shall be integrated into the surrounding landscape.
(b)
Landscape materials shall be used to protect abutting properties and enhance the aesthetic quality of the environs and the site. The type, size and caliper of proposed trees will be evaluated in its effectiveness of enhancing the site. The mixed use of shade trees for defining spaces and providing protection from the elements, evergreens for screening and reduction of noise pollution, as well as the use of ground covers, perennials/annuals/bulbs and shrubs are encouraged.
(c)
Removal of mature trees and shrubs shall be minimized and shall not take place in the setbacks.
(d)
Landscaping shall be provided in front, side and rear yards and along the perimeter of parking areas to provide separation from building and public ways. At a minimum, parking lots shall be enclosed by a landscaped area five feet in width.
(e)
Maintenance. All landscaping and screening shall be maintained by the property owner.
(f)
Objectionable features (such as dumpsters and utility boxes) on site shall be screened from neighboring properties and, if applicable, roadways.
(g)
Parking lot areas proposed for a site must be adequately landscaped to give relief from the visual blight of an expanse of impervious surface.
(2)
The site plan shall provide for:
(a)
Foundation plantings at entry and at building facade facing roadways.
(b)
Parking lot interior (such as planting islands).
(c)
Screening parking areas, loading areas, rubbish removal bins, and outside storage, if applicable.
(d)
Street line plantings and perimeter lot line plantings, if applicable.
(3)
The following other site amenities may be allowed as part of these landscape requirements, if deemed necessary and appropriate by the Planning Board for meeting the landscape criteria:
(a)
Walls, fences and other barrier material.
(b)
Special paving materials.
(4)
The following are general guidelines to be used for developing landscape plans:
(a)
Parking lots with 20 or more spaces should be screened along the perimeter from abutting properties and the street.
(b)
Parking lots with 40 or more spaces, an area equivalent to at least 15% of the area of the parking lot, should be constructed and landscaped in the interior of the parking lot. The landscaped area should be evenly distributed within the parking lot and should be at least 25 feet in area with no dimension less than five feet. One tree, at least three inches in caliper should be installed in each landscaped area. There should be at least one tree for each 10 parking spaces.
(c)
A landscaping strip should be provided along foundation walls.
M.
Exterior lighting.
[Amended 5-1-2006 ATM, Art. 37 (Amdt. No. 160)]
(1)
Purpose. The purpose of this section is to enhance public safety by providing for adequate and appropriate outdoor lighting, protect community character, promote energy conservation and protect against light trespass and glare.
(2)
Definitions. For the purposes of this section, the following terms shall be defined as indicated below.
FIXTURE
The assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens or diffuser lens.[3]
GLARE
Light emitted from a luminaire with intensity great enough to produce annoyance, discomfort or a reduction in a viewer's ability to see.
LAMP
The component of a luminaire that produces the actual light.
LIGHT TRESPASS
The shining of direct light produced by a luminaire beyond the boundaries of the lot on which it is located.
LUMEN
A measure of light energy generated by a light source. One foot candle is one lumen per square foot. For purposes of this bylaw, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.
LUMINAIRE
A complete lighting system, including a lamp or lamps and a fixture.
[3]
Editor's Note: The former definition of "color rendering index (CRI) that immediately preceded this definition, was repealed 5-7-2007 ATM, Art. 32 (Amdt. No. 164).
(3)
Applicability. Outdoor illumination by flood or spot luminaires rated at 900 lumens or more (which is approximately equal to one sixty-watt incandescent light bulb) or by any other luminaires rated at 1,800 lumens or more (which is approximately equal to one one-hundred-twenty watt incandescent light bulb) shall be subject to the provisions of this section, with the following exceptions: emergency lighting; hazard warning; temporary decorative or holiday lighting; public roadway illumination or other lighting required by or installed by governmental agencies. It shall also not apply to any luminaire intended solely to illuminate any freestanding sign, flag or the walls of any building but such luminaire shall be shielded so that its direct light is confined to the surface of such sign, flag or building.
(a)
The replacement of existing nonconforming lamps or fixtures with the same or lower output nonconforming lamps or fixtures is exempted from the application of this section.
(b)
The Planning Board may determine that special circumstances of the site, context or design make an alternative lighting design at least equally effective in meeting the purposes of this section and in such cases, may modify the requirements of this section.
[Amended 5-7-2007 ATM, Art. 32 (Admt. No. 164)]
(4)
Exterior Lighting Plan. The lighting plan shall include the following information:
[Amended 5-7-2007 ATM, Art. 32 (Admt. No. 164)]
(a)
Location, orientation and type of outdoor luminaire, including the height of the luminaire;
(b)
Luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles;
(c)
Type of lamp such as metal halide, compact fluorescent, high pressure sodium;
(d)
Photometric plan showing the intensity of illumination expressed in footcandles at ground level within the interior of the property and at the property boundaries. The plan shall also include the following illumination information in a table format: minimum; maximum; average; average to minimum and maximum to minimum; and
(e)
Evidence that any light trespass does not exceed the limitations set forth in Chart IV herein.[4]
[4]
Editor's Note: Chart IV is included in Subsection M(11).
(5)
Flickering and flashing lights. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.
(6)
Wall mounted fixtures. In nonresidential districts, a luminaire attached to the exterior of a building or structure for area lighting shall be mounted no higher than 15 feet above grade and shall be shielded to control glare.
(7)
Pole mounted fixtures. Pole mounted exterior lighting fixture types are defined and restricted as follows:
(a)
Type A. No light cutoff.
(b)
Type B. Luminaire shielded such that peak candlepower is at an angle of 75 degrees or less from straight down, and essentially no light is emitted above the horizontal.
(c)
Type C. Luminaire shielded such that total cutoff is at less than 90 degrees from straight down, and no light source is in direct view of an observer five feet above the ground at any point off the premises.
(8)
Pole mounted fixtures height limitation. Illustrations of pole mounted exterior lighting fixture types are shown in Chart I herein. Pole mounted fixtures shall not exceed the applicable pole mounted height limitation set forth in Chart II in any district. The Type A pole mounted exterior lighting fixture is prohibited in all nonresidential districts.
Chart I |
|---|
Illustrations |
 |
Chart II Pole Mounting Height Limitations | |||
|---|---|---|---|
District | |||
Residential | Nonresidential | ||
Maximum Luminaire Mounting Height (feet above grade) "District" is that in which fixtures are located. | |||
Fixture Type A | 10 | Not allowed | |
Fixture Type B | 15 | 25 | |
Fixture Type C | 20 | 30 | |
(9)
Ceiling Mounted Fixtures. In nonresidential districts, luminaires mounted on an exterior ceiling such as under a canopy shall be mounted with the refractor or lens flush with or recessed in the ceiling or fixture.
(10)
Lighting levels. In nonresidential districts, exterior lighting shall not exceed the following levels on the ground set forth in Chart III herein:
Chart III Lighting Levels (horizontal foot-candles) | ||||
|---|---|---|---|---|
Minimum* | Average* | Maximum* | ||
Driveways and parking | 0.5 | 5.0 | 10.0 | |
Under building or canopy | 1.0 | 25.0 | 40.0 | |
All other nonresidential areas | 0.5 | 1.0 | 3.0 | |
*Applicable to the entire lighted area |
(11)
Light trespass limitations. Light trespass in excess of the applicable limitation set forth in Chart IV herein is prohibited in all Districts.
[Amended 5-7-2007 ATM, Art. 33 (Amdt. No. 164)
Chart IV Light Trespass Limitations | |||
|---|---|---|---|
District | |||
Residential | Nonresidential | ||
Maximum light trespass (horizontal foot-candles)* "District" is that into which the light trespass occurs | |||
Fixture Type A | 0 | Not allowed | |
Fixture Type B | 0 | 0.5 | |
Fixture Type C | 0 | 1.0 | |
* Expect no limit within a street right-of-way |
N.
Loading, waste disposal, and outdoor storage areas. Adequate loading and waste disposal areas shall be provided on site. Loading, waste disposal and outdoor storage areas shall be screened by landscaping, walls, fences, or barriers of sufficient height to conceal said areas from the street and abutting residential properties.
O.
Stormwater management, infiltration, and retention.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(1)
Adequate on-site drainage shall be provided to handle peak stormwater runoff and stormwater runoff for the one-hundred-year storm and shall not adversely affect abutting properties and the Town drainage system. Low-impact development stormwater management techniques are encouraged and preferred to enhance infiltration and better replicate pre-development watershed conditions. Low-impact development techniques shall meet the treatment and design standards outlined in the Department of Environmental Protection stormwater management standards [Massachusetts Stormwater Handbook (2008)], as amended from time to time. Examples of low-impact development stormwater management techniques include: permeable pavement, rain gardens, vegetated swales, etc.
(2)
Stormwater retention is also strongly encouraged to capture and store rainwater for practical uses, including irrigation. Examples of stormwater retention facilities include rain barrels and cisterns. In-ground sprinkler systems shall be prohibited for all nonresidential uses unless they are supplied by on-site stormwater retention and storage facilities and are approved by the Georgetown Water Commission. Drainage calculations and plans will be reviewed by an outside technical consultant at the applicant’s expense.
P.
Standards for review. The Planning Board shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below:
(1)
Legal: conformance with the provisions of the bylaws of the Town, the General Laws of Massachusetts, and all applicable rules and regulations of state and federal agencies.
(2)
Traffic.
(3)
Parking.
(4)
Town services.
(5)
Pollution control.
(6)
Nuisance.
(7)
Existing vegetation.
(8)
Landscaping, screening and buffering.
(9)
Town character.
(10)
Drainage and watershed protection.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
Q.
Construction.
(1)
All access routes and parking areas shall be graded, paved, and drained to the satisfaction of the Planning Board.
(2)
Curbing, wheelstops, guardrails, and/or berms shall be placed at the edges of all surfaced parking areas.
(3)
All utility connections shall be constructed in accordance with the requirements of the Town and other utility owners.
R.
Maintenance. All accessways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained and repaired or replaced wherever and whenever necessary to ensure continued compliance with the approved site plan.
S.
Waivers. Waivers may be granted to any of the site plan requirements if it is determined that:
(1)
Literal compliance is impractical due to the nature of the use;
(2)
The location, size, width, depth, shape, or grade of the lot makes compliance impractical;
(3)
Such waivers would be in the public interest; and/or
(4)
Such waivers would protect natural features.
T.
Enforcement and bonding.
(1)
Construction that does not comply with the site plan approved under this section shall be deemed to be in violation of this chapter and, as such, shall be subject to fines and legal processes so authorized. The Building Inspector shall take such action as may be necessary to enforce full compliance with the provisions of the chapter and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Selectmen to Town Counsel.
(2)
The Planning Board may require the posting of a bond or other similar performance guarantee to ensure compliance with the plan and stated conditions of approval. It may suspend any permit or license when work is not performed as required.
U.
Inspections. Construction inspections in support of the purposes of site plan review shall be carried out by an agent designated by the Planning Board, and all such costs shall be borne by the applicant.
V.
Modifications to approved site plans.
(1)
In the event a modification is made to an approved site plan, the applicant shall submit, to the Planning Board, a written description of the proposed modifications and 10 copies of a revised site plan showing such modification. Modified site plans will, in most instances, be subject to the same review and hearing procedures as was the original filing.
(2)
However, for small and insignificant modifications, the Planning Board may determine that a particular modification does not warrant an additional public hearing. Such a determination shall be made only after written request and 10 copies of the plan showing the modification have been submitted to and reviewed by the Planning Board. A determination that a modification will not require a public hearing shall be made by the Planning Board within 21 days of receipt of the written request and plans, and only after the Planning Board has found that the proposed modification is not significant and is consistent with the previously approved site plan. A copy of the determination and revised plan shall be filed with the Town Clerk and Building Inspector. Failure by the Planning Board to act on the request for determination of a modification within 21 days shall be deemed as approval. The time frame may be extended by mutual agreement of both parties.
W.
Provisions for site plans. Any approval of a site plan which has been granted pursuant to this section shall lapse within one year from the grant thereof, if a substantial use thereof has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.
X.
Severability. The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.