Whitman City Zoning Code
ARTICLE X
Environmental Performance Standards
§ 240-10.1 Applicability.
The requirements and regulations set forth in this article apply to all developments under this bylaw. In addition, there are additional requirements for certain uses as set forth in Article VII as well as requirements for parking (Article VIII) and signs (Article IX). Provisions in Articles VII, VIII and IX shall be in addition to the requirements of this article.
§ 240-10.2 Sewerage.
The disposal of sanitary wastes shall be accomplished in a safe and adequate manner subject to rules and regulations of the Whitman Board of Health and the Massachusetts Department of Environmental Protection. The proposed method of sanitary sewage disposal shall be shown precisely on plans.
§ 240-10.3 Surface water drainage.
All surface water drained from roofs, parking lots, streets and other site features shall be disposed of in a safe and efficient manner which shall not create problems of water runoff or erosion on the site in question or on other sites. Insofar as possible, natural drainage courses, swales properly stabilized with plant materials or paving when necessary, and drainage impounding areas shall be utilized to dispose of water on the site through natural percolation.
§ 240-10.4 Erosion control.
A.
All slopes shall be stabilized by adequate ground cover or other approved means to prevent erosion and to retard excessive runoff. Means of preventing erosion during construction shall be specified to the satisfaction of the Building Commissioner/Inspector of Buildings.
B.
Natural slopes shall be retained insofar as possible when siting structures. Finish contours shall direct surface drainage around structures rather than directly against them, using swales or other approved means.
C.
No portion of any lot whose slope equals or exceeds 15% shall have any structure built on it.
D.
Upon completion of grading and replacement of topsoil, slopes shall be appropriately stabilized according to the following guidelines:
(1)
Slopes greater than 35% should be avoided in most cases.
(2)
Slopes between 25% and 35%, rip-rap or terracing should be used.
(3)
Slopes between 10% and 24%, sod, or established vegetation or seedlings in association with webbing material placed over the soil.
(4)
Slopes between 4% and 9%, plant seed in association with webbing placed over the soil, or heavy mulch or gravel.
§ 240-10.5 Vegetation.
A.
Natural tree coverage and other desirable natural foliage shall be preserved on all lots to the maximum extent possible.
B.
Outside of areas of actual construction activity, all trees of greater than five inches breast height diameter should be preserved. If a lot is covered with mature trees of greater than five inches breast height diameter, they should not be thinned by more than 50%.
C.
In all residential areas, upon completion of construction, there shall be an average minimum of four trees per dwelling unit, at least two of which shall be on each lot or, in the case of multifamily residential, within 50 feet of each dwelling unit. Such trees shall be of a species suited to the soil and climate of the area, shall be in healthy condition and shall be a minimum of 12 feet in height. Such trees may be planted by the developer if existing trees cannot be saved, and shall be properly planted. A greater number of trees which are less in height than those required but which are a minimum of five feet in height and which furnish, or can be expected to furnish, a comparable tree coverage may be authorized at the discretion of the Building Commissioner/Inspector of Buildings.
§ 240-10.6 Buffer strips.
In order to protect residential land uses from potential noxious or disruptive effects of adjacent land uses of different character, the following buffer areas shall be provided, unless other provisions of this bylaw include different buffer requirements:
A.
Where business, apartments or industrial uses adjoin existing residential properties or residential districts, whether developed or undeveloped, adequate buffering shall be provided along all lot lines adjoining the residential properties.
(1)
A buffer strip of at least 20 feet in width shall be reserved and screening shall be provided in the form of a natural growth of trees, if existing; or a natural growth of trees and thick planting; or a double row of evergreen trees not less than eight feet in height and not more than 20 feet apart, the spacing of one row centered on the spacing of trees in the other; or a solid screen type fence six feet in height complemented by suitable plantings.
C.
The owner of property adjacent to residential properties shall cause the buffer zones to be provided and constructed at such time as the property is developed as permitted under this bylaw.
D.
Established business and industrial properties actively engaged in business at the time of acceptance of this bylaw shall not be required to provide the buffer zone construction until such time that additions or alterations are made to such properties.
E.
The owner of said properties shall be required to maintain buffer strips in a clean and safe manner. Any trees or plantings which die must be replaced.
§ 240-10.7 Other site features.
All service areas, loading areas, outdoor storage, utility structures, mechanical equipment, garbage disposal facilities or other utility facilities shall be located or visually screened so as not to create hazards or visual or other nuisances. Light fixtures, walls, fences, benches, recreation facilities and other such site appurtenances shall be harmoniously designed, constructed and located in relation to other site features.
§ 240-10.8 Control of air pollution.
Except as in herein provided, all use and conditions of land, buildings and structures shall be in conformance with the regulations of the Environmental Protection Agency under the Clean Air Act and the Massachusetts DEP's Division of Air Quality under the state Clean Air Act.
§ 240-10.9 Heat, glare and vibration.
No heat, glare or vibration shall be discernible from the outside of any structure. In no case shall vibration be permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m.
§ 240-10.10 Waste disposal, water supply and water quality.
Regulations of the State Department of Public Health for waste disposal, water supply and water quality shall be met and, when required, approval shall be indicated on the approved site plan. In no case shall discharge cause the waters of the receiving body to exceed the limits assigned by the Massachusetts DEP wastewater programs and 310 CMR 22 regarding drinking water regulations.
§ 240-10.11 Storage.
A.
All materials, supplies and equipment not intended for retail sale shall be stored in accordance with the current edition of the Massachusetts Fire Code and shall be screened from view from public ways and abutting properties.
B.
Materials shall be covered as necessary so that dust shall not be emitted from the stored material.
C.
The storage, utilization or manufacture of materials or products which decompose by detonation shall be in accordance with standards as adopted by the Massachusetts Department of Fire Safety.
D.
The storage, utilization or manufacture of solid materials which are active to intense burning or of flammable liquids or gases shall be subject to conditions of a permit issued by the Fire Chief.
§ 240-10.12 Exterior lighting.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
No exterior lighting other than streetlighting approved by the Select Board shall be directed on adjacent properties or towards any street in such a manner as to create a nuisance or hazard.