13.1.1 The purpose of a development impact statement conducted under this section is to:

A.

Ensure that the design and construction of developments will not create detrimental impacts to the neighborhood or the environment;

B.

Ensure a development will be in harmony with surrounding areas; and

C.

Ensure compliance with all the requirements set forth in this section.

13.1.2 A development impact statement shall describe potential impacts of the proposed development, compare them to the impacts of uses which are or can be made of the site without a requirement for site plan review, identify all significant positive or adverse impacts, and propose an acceptable program to prevent or mitigate adverse impacts.

13.2.1 A development impact statement shall be required for the following:

A.

All multi-family or apartment developments that contain 25 dwelling units or more;

B.

All developments where the area of any new structure or extension of an existing structure is 25,000 square feet or more excluding single- and two-family homes;

C.

All developments adding greater than fifty parking spaces; and

D.

All developments where the new use or extension of an existing use leads to the generation of greater than 500 vehicle trips.

13.2.2 A development impact statement may be submitted with any application for a building permit, special permit, or special permit with site plan review by the petitioner, or the planning board may add the requirement at their discretion for developments that meet or exceed the criteria shown above.

13.2.3 Projects that involve redevelopment of an existing site proposed for a similar use as it exists may not require a development impact statement, or may be accompanied with a limited study only. This exception applies only to projects that have had a development impact statement submitted no longer than 24 months prior to the current redevelopment application, and subject to approval by the planning board.

It is recommended that the applicant schedule a project scoping meeting with the Department of public services, police department, a member of community development staff, and other staff as deemed necessary. Further definition of the scope and type of information to be provided will be discussed at this meeting, including the following.

13.3.1 Study area. The preliminary study area will be defined as part of the project scoping meeting. Nonetheless, it is possible that there will be some intersections or roadways not originally identified for study, that may be included later once the potential project impacts are better known.

13.3.2 Analysis scenarios.

A.

Existing conditions.

B.

Full-build completion plus five years conditions, including background growth and known area developments, without project development (no-build conditions).

C.

Full-build completion plus five years conditions, including background growth and known area developments, with project development and no mitigation (build conditions with no mitigation).

D.

Full-build completion plus five years conditions, including background growth and known area developments, with project development and proposed mitigation (build conditions with mitigation).

13.3.3 Additional analysis scenarios may be required for a project for which mitigation is proposed.

13.3.4 Additional analysis scenarios will be required for a project that is to be constructed in multiple phases. These would include:

A.

Stage I opening year conditions, including background growth and known area developments, without project development (no-build stage I)

B.

Stage I opening year conditions, including background growth and known area developments, with stage I project development and no mitigation (stage I build conditions with no mitigation).

C.

Stage I opening year conditions, including background growth and known area developments, with stage I project development and proposed mitigation (stage I build conditions with mitigation).

The development impact statement shall consist of the following elements, where applicable:

13.4.1 Traffic impact assessment.

A.

Purpose: To document existing traffic conditions in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic.

B.

Format and scope of traffic impact assessment:

1.

The traffic impact assessment shall be prepared by a professional transportation engineer, registered in Massachusetts, or another professional specializing in transportation planning, who has the experience level necessary to competently conduct said study.

2.

Existing traffic conditions shall include:

a.

Average daily and peak hour volumes related to the use(s), i.e. commercial, residential and industrial uses shall provide weekday peak hour data and for retail PM peak weekday and weekend peak hours. For uses involving exceptional hourly, daily or seasonal peak periods, the Planning Board may require that the analysis be conducted for that extraordinary peak period;

b.

Average and peak speeds;

c.

Sight distances;

d.

Accident data;

e.

Levels of service (LOS); and

f.

Intersections and streets likely to be affected by the proposed development.

3.

Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 feet of the project boundaries, and shall be no more than 12 months old at the date of application, unless other data are specifically approved by the planning board.

4.

Where a proposed development will have an impact on a critical intersection or intersections beyond 1,000 feet of the project boundary, particularly intersections of arterial and collector roadways which are integral to the circulation of the proposed development, the planning board may require that such intersections beyond 1,000 feet of the project boundary be included in the analysis of traffic conditions.

5.

Existing conditions shall also include:

a.

Pedestrian and bicycle counts, concurrent with peak hour turning movements counts, and other times as determined by department of public services;

b.

Description and categorization of pedestrian and bicycle; accommodation in roadway cross-section, as per the MassHighway Project Development and Design Guide; and

c.

Description of transit service to the study area, including schedules, capacity, and ridership.

6.

Projected traffic conditions for design year of occupancy, statement of design year of occupancy, background traffic growth on an annual average basis, and impacts of proposed developments which have already been approved in part or in whole by the city.

For the purposes of determining the growth in non-project background traffic along most roadways, an annual rate of growth should be used, unless otherwise directed by the department of public services. Growth rates for traffic along Route 1, Route 114 and Route 128 shall be calculated from historical data and projections by the Massachusetts Highway Department and regional planning agencies.

7.

Projected impact of proposed development:

a.

An estimate of the directional distribution of new trips by approach streets and an explanation for the basis of that estimate;

b.

Assignment of new trips to be generated by the proposed development and associated pass-by or diverted trips, including assignment of new trips to major arterials, including state highways;

c.

Sight lines at the intersections of the proposed driveways and streets,

d.

Existing and proposed traffic controls in the vicinity of the proposed development, and

e.

Projected post-development traffic volumes, intersection turning movement counts, and levels of service of intersections and streets likely to be affected by the proposed development (as defined in (3) above); and

f.

Quantify impacts on operations and capacity of pedestrian, bicycle and transit infrastructure.

8.

Trip rates may be based on the Institute of Transportation Engineers (ITE) Trip Generation latest edition or data from similar developments in similar settings in Massachusetts.

a.

If ITE is used, the land use code, number of studies; weighted average trip rate, trip generation equation standard deviation and coefficient for each land use used shall be provided. Use of the weighed average trip rate or trip generation equation to predict trips for each land use shall be based on the procedures set forth in ITE.

b.

If local trip rates are used, the methodology used and the applicability of the data shall be provided.

c.

If data is available from ITE and local sources, the applicant may demonstrate why the ITE data is not accurate and should not be used. The Planning Board shall determine which data source will be used.

9.

All traffic counts including turning movements shall have been taken within 12 months of the date of submission and shall be adjusted for seasonal variation with an explanation as to how the adjustment was made.

10.

Projections of ADT'S, turning movements and capacity analyses shall be adjusted for (where appropriate):

a.

Background traffic with an explanation as to how said adjustment was made;

b.

Truck traffic and buses;

c.

Vacant space in existing buildings in the study are; or

d.

Trips generated by developments in the study area that are under review or approved by a municipal agency or in the MEPA process.

11.

If an exceptional peak period is likely to occur, the planning board may require analysis of traffic for said period.

12.

Trips from an existing land use that are being replaced by a new land use may be subtracted as follows:

a.

If trip generation and distribution for the new land use have the same characteristics as the land use being replaced, trips generated by the new land use may be reduced by an amount not to exceed the trips generated by the land use being replaced.

b.

If trip generation and distribution for the new land use do not have the same characteristics as the land use being replaced, trips generated by the existing land use may be subtracted from the street system.

13.

Where a project accesses or impacts a state highway, evidence of consultation with MHD shall be provided.

14.

Parking requirements shall be described, including:

a.

Description of parking access and egress locations, entrance queuing, use restrictions, time limits, wayfinding, and drop-off/pick-up operations.

b.

Document source of parking generation estimates, required vs. projected.

c.

Demonstrate consistency of parking assumptions with trip generation and mode share assumptions.

d.

Compliance with shared parking analysis requirements, where applicable.

13.4.2 Environmental impact assessment.

A.

Purpose: To describe the impacts of the proposed development with respect to on-site and off-site environmental quality.

B.

Format and scope:

1.

Identification of potential impacts:

a.

Description and evaluation of potential impacts on the quality of air, surface water, and ground water adjacent to or directly affected by the proposed development;

b.

On-site or off-site flooding, erosion, and/or sedimentation resulting from alterations to the project site, including grading changes and increases in impervious area;

c.

On-site or off-site hazards from radiological emissions or other hazardous materials;

d.

Impacts on solar access of and/or shadow caused by adjacent properties; and

e.

Off-site noise or light impacts.

2.

Systems capacity: evaluation of the adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.

3.

Proposed mitigation measures: description of proposed measures for mitigation of any potential adverse impacts identified above.

13.4.3 Fiscal impact assessment.

A.

Purpose: To evaluate the fiscal and economic impacts of the proposed development on the city.

B.

Format and scope:

1.

Projections of costs arising from increased demands for public services and infrastructure.

2.

Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided.

3.

Projections of the impacts of the proposed development on the values of adjoining properties.

4.

Five-year projection of increased City revenues and costs resulting from the proposed development.

13.4.4 Community impact assessment.

A.

Purpose: To evaluate the impacts of the proposed development with respect to the city's visual and historic character and development goals.

B.

Format and scope:

1.

Site design and neighborhood impact:

a.

Evaluation of the relationship of proposed new structures or alterations to nearby pre-existing 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); and

b.

The location and configuration of proposed structures, parking areas, and open space with respect to neighboring properties.

2.

Historic impact: identification of impacts on significant historic properties, districts or areas, or archaeological resources (if any) in the vicinity of the proposed development.

3.

Development goals: evaluation of the proposed projects consistency or compatibility with existing local and regional plans.

The following standards shall be used in evaluating projected impacts of proposed developments; provided, however, that an application for site plan review and approval under section 12 shall be evaluated using only the standards contained in section 12 and this section. New building construction or other site alteration shall be designed, to the extent feasible, and after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to comply with the following standards:

13.5.1 Traffic impact standards.

A.

The LOS of all impacted intersections and streets shall be adequate following project development after off-site traffic improvements required or approved by the planning board as a condition of approval are accounted for. For purposes of this standard:

1.

LOS shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council;

2.

"Impacted" means intersections projected to receive at least five % of the expected traffic generated by the proposed development, either based upon the total anticipated peak hour traffic generated by the proposed project, or based upon the total anticipated average daily traffic counts generated by the proposed project.

3.

"Adequate" shall mean traffic that is no worse than it was with the prior use, based on ITE trip generation rates, or similar data that has been previously approved by the planning board.

B.

The proposed site plan shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to achieve this standard:

1.

Entrance and exit driveways shall be so located and designed as to achieve maximum practicable distance from existing and proposed access connections from adjacent properties.

2.

Where possible, driveways shall be located opposite similar driveways.

3.

Sharing of access driveways by adjoining properties and uses is encouraged.

4.

Left-hand turns and other turning movements shall be minimized.

5.

Driveways shall be so located and designed as to discourage the routing of vehicular traffic to and through residential streets.

6.

Pedestrian and bicycle circulation shall be separated from motor vehicle circulation as far as practicable.

13.5.2 Environmental impact standards.

A.

The proposed development shall not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact.

B.

The proposed development shall not increase the potential for erosion, flooding or sedimentation, either on-site or on neighboring properties; and shall not increase rates of runoff from the site to the satisfaction of the department of public services. Provisions for attenuation of runoff pollutants and for ground water recharge shall be included in the proposal. The proposed development shall comply with the latest accepted state and federal Best Management Practices for water quality mitigation and management.

C.

The design of the proposed development shall minimize the destruction of unique natural features (see Section 10 Landscaping).

D.

The location and configuration of proposed structures, parking areas and open space shall be designed so as to minimize any adverse impact on temperature levels or wind velocities on the site or adjoining properties.

E.

Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spillover to neighboring properties (see Section 10 Landscaping).

F.

Proposed structures and existing structures adjoining the project site shall be free from shadows created by the proposed development from 9:00 a.m. to 3:00 p.m. on December 21. Proposed development within the B-C district shall be exempt from this standard.

G.

All outdoor lighting shall be designed and located so that a line drawn from the height of the luminaire along the angle of cutoff intersects the ground at a point within the development site; except that this requirement shall not apply to:

1.

Low-level intensity pedestrian lighting with a height of less than ten feet; or

2.

Security lighting directed off the wall of a principal structure.

13.5.3 Fiscal impact standards. No projected negative net fiscal impact after design year of occupancy.

13.5.4 Community impact standards.

A.

Design elements shall be compatible with the character and scale of neighboring properties and structures.

B.

The design of the development shall minimize the visibility of visually degrading elements such as trash collectors, loading docks, etc.

C.

The design of the development shall be consistent or compatible with existing local plans, including plan elements adopted by the planning board, conservation commission, parks commission, and other city bodies having such jurisdiction.

D.

The design of the development shall minimize earth removal and volume of cut and fill. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.

E.

The design of the development shall minimize the area over which existing vegetation is to be removed. Tree removal shall be minimized and, if established trees are to be removed, special attention shall be given to the planting of replacement trees.

The planning board may condition its approval on:

A.

Completion of mitigation prior to issuing any occupancy permit.

B.

Posting surety to guarantee implementation of mitigation.

C.

Implementing measures to reduce trips generated by a development, when traffic is a significant impact, including use of:

1.

Employer subsidized passes for public transit.

2.

Carpools and vanpools.

3.

Flex time or staggered work hour.

4.

Preferential parking for high occupancy vehicles.

5.

Restricting access to or egress from off street parking areas during peak hours.

6.

Measures to promote pedestrian access; and

7.

Measures to encourage bicycle commuting such as secured bike racks and locker and shower facilities. The planning board may require the submission of periodic reports on the effectiveness of the trip reduction programs.

D.

Reducing of the size or intensity of the project.

E.

Phasing the development of the project.

F.

Obtaining all other permits where applicable.

Pursuant to the conditions of section 12.12 in Site plan review, the planning board is entitled to secure the peer review of the any development impact study by an outside consultant selected by the planning board and approved by the city council. The board may require the payment of the consultant fee at any point in its deliberations prior to a final decision.

A.

If a development impacts streets in another municipality, the traffic study shall be submitted to the municipality for review and comment concurrently with the filing. The planning board shall not take final action on a SP or SPR until it has received comments from the municipality or until 35 days have elapsed from the transmittal of the traffic study.

B.

The Planning Board may require the study and mitigation of impacted streets in an abutting municipality provided that the abutting municipality has adopted this Section and the development is not being independently permitted by the municipality. An abutting municipality(s) shall approve any mitigation proposed for any street in its jurisdiction.

If the planning board determines that its conditions on traffic are not being met, the planning board shall require the applicant to bring the development into compliance.

If the planning board finds that any section or provision of this section does not apply, it may be waived by vote of the planning board.