ARTICLE 1: BILLBOARDS AND SIGNS
Section 1. Restrictions on Use
No person, firm, association, or corporation shall erect, display, or maintain, within the limits of the Town, a billboard, sign, or other outdoor advertising device, unless it meets the following requirements or unless it was approved by the Massachusetts Outdoor Advertising Board under Section 30 and 32 of Chapter 93 of the General Laws, or by any amendments or additions thereto, in which case any such sign, billboard, or other outdoor advertising device shall comply with the requirements of this Section (1) one by January 1, 1973:
A. Within fifty (50) feet of any public way;
B. Within three hundred (300) feet of any public park, playground or other public grounds, if within view of any portion of the same;
C. Nearer than fifty (50) feet to any other such billboard, sign or other advertising device, unless said billboards, signs or other advertising devices are placed back to back;
D. On any location at the corner of any public way and with a radius of one hundred and fifty (150) feet from the point where the center lines of such ways intersect;
E. Nearer than one hundred (100) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of eight (8) feet or a height of four (4) feet;
F. Nearer than three hundred (300) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of twenty-five (25) feet or a height of twelve (12) feet;
G. In any event if such billboard, sign or other advertising device shall exceed a length of fifty (50) feet or a height of twelve (12) feet; except that the Selectmen may permit the erection of billboards, signs or other advertising devices which do not exceed forty (40) feet in length and fifteen (15) feet in height if not nearer than three hundred (300) feet to the boundary line of any public way.
H. No billboard, sign, or other advertising device shall be erected, displayed or maintained in any residence district or in any block in which one-half or more of the buildings on both sides of the street are used partially or wholly for residential purposes, or in any Planned Unit Development district.
I. No billboard, sign, or other advertising device shall be erected, displayed or maintained until a license has been issued by the Board of Selectmen. Upon receipt of an application for a license to erect, display or maintain a billboard within the limits of the Town, the Selectmen shall hold a public hearing on said application in the Town, notice of which shall be given by posting the same in three or more public places in said Town at least one week before the date of such hearing, or by publication in a local newspaper of general circulation in the Town at least one week before the date of the public hearing. A written statement as to the results thereof shall be forwarded to the applicant containing, in the event of a disapproval of such application, the reasons therefor, within
thirty days from the date of submission of the application to the Selectmen.
Section 2. Signs Related to Premises
This By-Law shall not apply to signs or other devices erected and maintained in conformity with law, which advertise or indicate either the person occupying the premises in question or the business transacted thereon, or advertising the property itself or any part thereof as for sale or to let and which contain no other advertising matter.
Section 3. Fines for Violations
Whoever violates any of the provisions of this By-Law shall be punished by a fine of not more than one hundred dollars ($100), and whoever, after conviction for such violation unlawfully maintains such billboard, sign or other outdoor advertising device for twenty (20) days thereafter shall be punished by a fine of not more than five hundred dollars ($500).
Section 4. Severability Clause
If any provision of this By-Law is declared unconstitutional or illegal by final judgment, order or decree of the Supreme judicial Court of the Commonwealth, the validity of the remaining provisions of this By-Law shall not be affected thereby.
ARTICLE 2: JUNK CARS
ART. 31, A.T.M., 5/3/93; ART. 9, ATM, 4/24/2000
Section 1. Restrictions on Use
Notwithstanding any other provision of the Bylaws to the contrary, no person shall park, store, leave or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, in open view upon any private property within the Town for a period of time in excess of (10) days except as same may be permitted by tbe provisions of Section 5.04 of the Table of Use Regulations of the Arlington Zoning Bylaw."
Section 2. Enforcement and Fines
ART. 45, A.T.M., 5/12/97
Violations of this section will be punished by a fine of $50, each and every day that the violation exists to be considered a separate offense.
ARTICLE 3: OPEN EXCAVATIONS
Owners of land which has been excavated shall be required to erect barriers or take other suitable measures to protect persons from damages incident thereto, within five days after such owners have been notified in writing by the Selectmen, that, in their opinion, such excavation constitutes a hazard to public safety. The penalty for violation of this By-law shall not exceed two hundred ($200) dollars.
ARTICLE 4: SMOKING RESTRICTED
Section 1. Definitions
As used herein "smoking" shall include carrying a lighted cigarette, cigar, pipe, or other tobacco product.
Section 2. Smoking Restricted in Certain Buildings
No person, whether an owner, proprietor, manager, employee, patron, visitor, or customer, shall be permitted to smoke in any supermarket, grocery store, or other retail food store which is designed and arranged to display and sell food products for consumption off the premises by the general public; provided, however, that nothing herein shall prevent smoking in specially designated and properly ventilated areas within the aforementioned premises segregated from both the areas in which food is handled and the areas necessarily used by general shoppers.
The foregoing prohibition shall not be applicable to restaurants, delicatessens, or any other establishment which are designed and arranged to sell food for consumption or use on the premises and which derive a substantial proportion of their income therefrom.
Section 3. Smoking Prohibited in Elevators
No person shall smoke in any elevator accessible to the public.
ART. 29, A.T.M., 5/5/93
Section 4. Smoking Prohibited in Certain Buildings
No person shall smoke in any town owned building, or in any lecture hall, classroom, library, theater, motion picture theater, opera house or concert hall.
Section 5. Posting "No Smoking" Signs
ART. 29, A.T.M., 5/5/93
Every person having control of premises upon which smoking is prohibited by this By-Law, or his or her agent or designee, shall conspicuously display upon the premises a sign reading "Smoking Prohibited by Law."
Section 6. Fine for Violation
ART. 45, A.T.M., 5/12/97
Any person who violates any provision of this bylaw, (Title V, Article 4) shall be subject to a fine of $20.
ARTICLE 5: SELF-SERVICE GAS DISPENSING
Section 1. Restriction on Sale
No filling station shall allow the pumping of gasoline for retail sale by any person other than an authorized attendant employee of said filling station.
Section 2. Customer Pumping Prohibited
No attendant at any gasoline station shall permit any non-employee to pump gasoline or engage in any distribution of gasoline within the station.
ARTICLE 6: RETAIL FOOD STORES, COMMON VICTUALLERS, AND FOOD VENDORS
Section 1. Hours of Sale
No person shall, except as hereinafter provided, sell any food at retail between the hours of 1:00 A.M. and 5:00 A.M.
No store or place of business engaged in the retail sale of food shall, except as hereinafter provided, be open for transaction of retail business between the hours of 1:00 A.M. and 5:00 A.M.
Section 2. Food Defined
The term food used in this By-Law shall include any article or commodity, however stored or packaged, intended for human consumption.
Section 3. Application
This Article shall apply to the sale of food when such sale is by a common victualler licensed under Chapter 140 of the General Laws.
Section 4. Violations and Penalties
Violators of Sections 1-3 of this Article shall be subject to a fine of $50. for each violation. For purposes of Sections 1-3 of this Article, every calendar day on which a store shall remain open shall be deemed a separate offense, and each separate sale of food shall be deemed a separate offense. In the event of sale of several items at one time to one customer, only one sale shall be deemed to have taken place.
Section 5. Food Vendors License
A. License Required No person shall offer food for sale to the public in a food service establishment, as hereinafter defined, unless licensed as a Common Victualler or an innholder under the provisions of c. 140 of the General Laws, without first obtaining a Food Vendor's License under the provisions of this by-law. Any person who violates this section shall be liable to a fine of $50. per violation. Each day of operation without a Food Vendor's License shall constitute a separate violation.
B. Food Service Establishment Defined Food service establishment shall include any fixed or mobile place, structure or vehicle, whether permanent, transient, or temporary, private, public, or non-profit, routinely serving the public; or any other eating and drinking establishment or place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere.
C. Application Each applicant for such license shall submit, on forms to be provided by the Selectmen, the following information: name and address of applicant, name and address of place of business, evidence, in form satisfactory to the Selectmen, that the applicant has upon the premises the necessary implements and facilities for cooking, preparing and furnishing food to the public, and such other information as the Selectmen shall require. The Selectmen may require applicants to submit detailed plans and specifications showing, if any, the location of fixtures and other facilities and the general arrangement of the premises, including, in the case of applications for premises not yet completed, estimates of the cost of the proposed arrangement and of the facilities indicated on the plan.
The Selectmen may require detailed plans for ongoing upkeep and maintenance consistent with standards necessary for sanitation and safety. Such plans shall include a listing of facilities for cleaning of all utensils, refrigerator and food storage areas. In the event of a proposed sale of a business requiring a Food Vendor's License or a Common Victualler's License, an application for a transfer of either of said licenses will be deemed to be an application for a new license, subject to the rules and regulations herein contained, and the owner of such business shall be required to file with the Selectmen a thirty day notice of his intention to sell same before such application will be acted upon by the Selectmen.
D. Discretion of Selectmen Such license shall not be issued or be valid until it has been signed by a majority of the Selectmen. The Selectmen may refuse to grant such a license if, in their opinion, the public good does not require it. The Selectmen are authorized to decline to issue a license when in the Board's judgment, based upon good and sufficient reason, said issuance would not be in the best interests of the Town.
E. Term of License Food Vendors Licenses shall be valid for a term of one year from the first day of January until the 31st day of December. A non-refundable fee of $50.00 shall be submitted with the application for such license. Any license issued during the year shall expire on the 31 st day of December and the fee shall not be prorated. The Selectmen may, in their discretion, suspend the requirement of the fee for schools, hospital, church, municipal, civic or fraternal organizations.
F. License Revocation If, in the opinion of the Selectmen, a licensee ceases to be engaged in the activity licensed hereunder, or fails to maintain upon the premises on which such activity is licensed the implements and facilities required by this By-Law, the Selectmen shall immediately revoke the license. If the licensee at anytime conducts the licensed business in an improper manner, the Selectmen, after notice to the licensee and public hearing may, upon satisfactory proof thereof, suspend or revoke the license.
ARTICLE 7: BOARDED-UP WINDOWS IN COMMERCIAL PROPERTIES
ART. 20, A.T.M., 4/29/92
First floor windows in buildings designed for or in non-residential use, shall not be covered or temporarily replaced by boards or similar materials for a period longer than seven days. Properties which have been damaged by fire or other cause such that the property is unable to be used and therefore must be secured for public safety may be excepted from the seven day limit by the Building Inspector.
This section is not intended to apply to windows which are boarded up because of more extensive structural damage to the building which prevents the replacement of the window(s). Violations of this section shall be punishable by a fine of not less than $25.00 nor more than $50.00. Each day in excess of the seven day period shall be deemed a separate violation.
ART. 77, A.T.M., 4-6/2000
ARTICLE 8: WETLANDS PROTECTION
Section 1. Purpose
The purpose of this Wetlands Protection Bylaw is to protect the wetlands, water resources, and adjoining land areas in Arlington by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to, the following; public or private water supply, ground water supply, flood control, erosion control and sedimentation control, storm damage prevention, other water damage prevention, prevention of pollution, protection of surrounding land and other homes or buildings, wildlife protection, plant or wildlife habitat, aquatic species and their habitats, and the natural character or recreational values of the wetland resources (collectively, the "resource area values protected by this Bylaw"). This Bylaw is intended to utilize
the Home Rule authority or this municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter that those of the Wetlands Protection Act (G.L.c.131§ 40) and Regulations thereunder (310 CMR 10.00).
Section 2. Jurisdiction
Except as permitted by the Conservation Commission or as provided in this Bylaw, no person shall remove, fill, dredge, discharge into, build upon, degrade or otherwise alter any marsh, freshwater wetland, vernal pool, wet meadow, bog, swamp, river, stream, creek, pond, reservoir, or lake, or any bank to said waters, or any land under said waters, or any land bordering thereon or riverfront area as hereinafter defined, or any land subject to flooding or inundation (collectively, "the resource areas protected by this Bylaw" or "resource areas").
Section 3. Exemptions
The application procedure and permit required by this Bylaw shall not apply to
emergency projects necessary for the protection of health and safety of the public provided that: the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof; advanced oral or written notice bas been given to the Commissioner prior to commencement of work or within 24 hours after commencement of said work; the Commission or its agent certifies the work as an emergency project; the work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; the work not be undertaken for a period of more than 30 days; and within 21 days of commencement of an emergency project a permit application shall be filed with the Commission for review as provided by the Bylaw. Upon failure to meet these and
other requirements of the Commission, the Commission may, after notice and public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures, or take enforcement action.
Section 4. Application for and issuance of determination of applicability or permit
Each Request for Determination of Applicability, Notice of Intent or other appropriate application shall be submitted in writing on the application form and in a manner specified by the Commission and accompanied by a filing fee to be determined in accordance with the fee schedule in Section 15 of this Bylaw, payable to the Town of Arlington. The application shall include such information and plans as are deemed necessary by the Commission to describe the proposed activities and their effect on resource area values protected by this Bylaw. No activity shall commence without receiving and complying with a permit or determination or applicability or other decision issued by the Commission pursuant to this Bylaw.
Upon submitting any such application to the Commission, the applicant grants the Conservation Commission and its agent(s) permission to enter upon land, at reasonable times, on which the proposed work is to be done without liability of any kind for the purpose of performing any duties in connection with this Bylaw. If the applicant is not the owner of said land, the applicant shall obtain and fumish to the Commission such permission in writing from the owner(s) of said land.
Such Notice of Intent or Request for Determination of Applicability or other appropriate application may be submitted before any or all permits, variances and approvals required by the Zoning Bylaw or by the Board of Survey or by tbe Regulations or the Arlington Redevelopment Board thereunder have been obtained.
The Commission may combine the permit or determination of applicability or other action on an application issued under this Bylaw with an Order or Conditions or Determination of Applicability or other action issued by the Commission under the Wetlands Protection Act.
A. Determination of applicability
Upon written request of any person (known as a "Request for Determination of Applicability"), the Conservation Commission shall bold a public hearing within 21 days to make a determination as to wbether this Bylaw is applicable to any land or work thereon which is the subject of such request, and within 21 days of the close of said hearing shall issue a written determination (known as a "Determination of Applicability").
Where such person making a request for determination or applicability is other than the owner or the subject land, notice of any such request for determination shall be sent to the owner(s) of said land by the person making such request; such person shall certify in writing to the Commission that the land owner(s) has received such notification.
A Determination or Applicability shall be valid for three years from date of issuance and may not be extended or renewed.
B. Notice of intent and permit
No person shall remove, fill, dredge, build upon, degrade or otherwise alter any of the resource areas protected by this Bylaw without first filing, by certified mail, a written Notice of Intent to do so, and, without receiving and complying with a Permit issued by the Commission, unless the Commission has determined that this Bylaw does not apply to such work. The Notice of intent shall include such information and site plans and location plans as may be necessary in the full discretion of the Commission to fully describe and ascertain such proposed activity and its effect on the resource areas and resource area values protected by this Bylaw.
Within 21 days of receiving a Notice of Intent, the Commission shall hold a public hearing on said application. If the Commission after a public bearing determines that the area(s) on which the proposed work which is subject of the application is likely to individually significantly harm or cumulatively effect the resource area values protected by this Bylaw, the Commission shall, within 21 days of the close of the hearing, issue or deny a permit for such work. If it issues a permit, the Commission shall impose conditions which the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged,
and that streams not be diverted, dammed or otherwise disturbed.
The Commission may deny a permit for failure to meet the requirements of this Bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards or other requirements in regulations or policies of the Commission; for failure to avoid or prevent unacceptable significant or cumulative effect upon the resource area values of this Bylaw; or where no conditions are adequate to protect said values.
To prevent resource area loss, the Commission shall require applicants to avoid resource area alteration wherever feasible; shill minimize resource area alteration; and, where alteration is unavoidable, shall require full mitigation.
The Commission may authorize or require replication of resource area as a form of mitigation, but only with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication.
Riverfront area as defined herein and land bordering on any marsh, freshwater wetland, vernal pool, wet meadow, bog, swamp, river, stream, creek, pond, reservoir, or lake (hereinafter "bordering land") are presumed to be important to the protection of these resources because activities undertaken in close proximity to these resource areas have a high likelihood of adverse impact upon the resources, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat The Commission therefore may require that the applicant maintain a strip
of continuous, undisturbed vegetative cover within the 200-foot riverfront area or bordering land.
In the review of activities proposed in riverfront area or bordering land, no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this Bylaw or regulations hereunder, has proven by a preponderance of the evidence that (1) there is no practicable alternative to the proposed work or project with less adverse effects, and that (2) such activity, including proposed mitigation measures, will have no significant adverse impact on the resource areas or resource area values protected by this Bylaw. The Commission shall regard as practicable an alternative which is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purpose (e.g., residential,
institutional, commercial, or industrial purpose), logistics, existing technology, costs of the alternatives, and overall project costs.
A permit shall expire tbree (3) years from the date of issuance. A permit must be renewed for op to three years, provided that request for a renewal is received in writing by the Commission not less than 30 days prior to expiration. The Commission may deny the request fur an extension and require a new Notice of intent in the following circumstances:
1. where no work has begun on the project;
2. where new information, not available at the time the permit was issued, has become available and indicates that the permit is nut adequate to protect the resource area values protected by this Bylaw;
3. where incomplete work is causing damage to the resource area values protected by the Bylaw; or,
4. where work has been done in violation of die permit.
The Commission may impose additional or more stringent conditions as a result of a hearing conducted by it pursuant to the provisions of this Bylaw than it may impose pursuant to the General Laws, Chapter 131, Section 40 (known as the Wetlands Protection Act). The Commission may require from an applicant riling a Notice of Intent pursuant to this Bylaw additional materials or data than is required pursuant to an application riled under General Laws, Chapter 13t, Section 40.
For good cause the Commission may revoke or modify a permit issued under this chapter after public notice and public hearing and notice to the permit bolder. Good cause shall include, but not be limited to, failure of an applicant to comply with the conditions of a permit.
ART. 57, ATM 5/02
Section 5. Public hearing
Notice of the time and place of a public hearing on any appropriate application specified in this by-law shall be given by and at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Arlington,and by delivering or mailing a notice thereof to the applicant, to the Town Manager, Board of Selectmen, Town Clerk, Planning Department, Town Counsel, Department of Public Works, Town Engineer, Zoning Board of Appeals, Board of Health, Building inspector, Redevelopment Board and to such other persons as the Conservation Commission may determine (i.e., abutters).
The Conservation Commission may hold concurrent hearings under this Bylaw and the Wetlands Protection Act (M.G.L. c. 131,5.40).
Section 6. Applicant's obligation
The applicant shall have the burden of proving by a preponderance of the credible evidence from a competent source that the work proposed in the Request for Determination of Applicability or Notice of Intent will not have a significant or cumulative effect upon the resource area values protected by this Bylaw.
Failure to provide to the Commission adequate evidence or information for it to determine that the proposed work does not cause harm to the interests sought to be protected by this Bylaw shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as It deems reasonably necessary or desirable to carry out the purposes of this Bylaw, or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. Due consideration may be given to any hardship demonstrated at the hearing, other than financial, on the part of the applicant by reason of denial or continuance of the bearing.
The Conservation Commission may require that plans, calculations, or other information prepared as part of a Request for Determination of Applicability or Notice of Intent be prepared by a qualified professional when, in the Commission's judgment, the complexity of the proposed activity so warrants.
Section 7. Requirements run with land
Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any order issued under this Bylaw shall forthwith comply with any such order to restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. The Town Manager and the Board of Selectmen shall, upon request of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this Bylaw, and enforce the orders of the Conservation Commission hereunder, and
the Town Counsel shall forthwith comply with such instructions.
Section 8. Rules and regulations of the commission
The Conservation Commission shall promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this Bylaw. However, failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw.
Section 9. Definitions
The following definitions shall apply in the interpretation and Implementation of this Bylaw:
A. "Abutter" shall mean the owner of any land within 100 feet of the property line of the land where the activity is proposed, as determined by the most recent assessors' records including any land located directly across a street, river, stream or pond, or municipal boundary.
B. "Alter" shall mean to change the conditions of any area subject to protection by this Bylaw and shall include but not be limited to one or wore of the following actions upon the resource areas protected by this Bylaw:
1. fill, removal, excavation or dredging of soil, sand, gravel or aggregate material of any kind;
2. changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas;
3. drainage, disturbance or lowering of the water level or water table; the dumping, discharging or filling with any material which could degrade the water quality;
4. driving of pilings, erection of buildings or structures of any kind;
5. placing of any object or obstruction whether or not it interferes with the flow of water;
6. destruction, extensive trimming, or removal of natural or planted plant life, vegetation, or trees; changing of water temperature, biochemical oxygen demand and other natural characteristics Of the receiving water;
7. any activities, changes or work which pollutes any stream or body of water, whether located in or out of the Town of Arlington;
8. application of pesticides and herbicides; or
9. any activity, change or work which adversely effects groundwater or drinking water supply.
C. "Applicant": shall mean a person filing a Request for Determination of Applicability or Notice of Intent. "Banks" shall be defined as the portion of the land surface which normally abuts and confines a water body, often between the mean annual low flow level and the first observable break in the slope or the mean annual flood level, whichever is lower;
D. "Bordering" shall be defined to include any land within either of the following or the greater thereof,
1. 100 feet horizontally lateral from the edge of any marsh, freshwater wetland, vernal pool, wet meadow, bog, swamp, river, stream, creek, pond, reservoir, or lake; or
2. within the maximum lateral extent of the water deviation of the statistical 100-year frequency storm.
E. "Cumulative Effect" shall mean an effect that is significant when considered in combination with other activities that have occurred, are going on simultaneously, or that are likely to occur, whether such other activities have occurred or are contemplated as a separate phase of the same project, such as the build-out of a subdivision or an industrial par, or unrelated but reasonably foreseeable actions, including other development projects that are currently under construction, under review or that may be expected to come forward.
F. "Groundwater" shall mean all subsurface water contained in natural geologic formations or artificial fill including soil water in the zone of aeration. Activities within 100 feet of resource areas shaft not significantly alter the existing quality or elevation of naturally occurring groundwater.
G. "Land subject to flooding or inundation" shall mean the land within the estimated maximum lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm; said boundary shall be that determined by reference to the most recently available flood profile data prepared for Arlington within which the work is proposed under the National Flood Insurance Program ("NFIP"). Where NFIP data are unavailable or outdated, the boundary of said land and shall be based on the maximum Lateral extent of flood water which has been observed or recorded, or other evidence presented and considered by the Commission. Said land shall also include isolated areas which frequently or seasonably hold standing water; such areas may or may not be
characterized by wetland vegetation or soil characteristics.
H. "Marsh", "freshwater wetland", "swamp", "wet meadow", "bog" shall mean that as defined in General Laws Chapter 131, Section 40 or Regulations thereunder (310 CMR 10.00).
I. "Permit" shall mean the document issued by the Conservation Commission pursuant to this Bylaw which allows work in accordance with conditions set by the Commission in the resource areas protected by this Bylaw.
J. "Person" shall include any individual, group of individuals, associations, partnerships, corporations, business organizations, trust, estate, Commonwealth of Massachusetts when subject to town Bylaws, any public or quasi-public corporation or body when subject to town Bylaws or any other legal entity, including the Town of Arlington or its legal representative, agents or assigns.
K. "River" shall mean any natural flowing body of water that empties to any ocean, lake, pond, reservoir, or other river.
L. "Riverfront Area" shall mean the area of Land between a river's mean annual high water line and a parallel line measured 200 feet horizontally landward of the mean annual high water line.
M. "Wildlife Habitat" shall mean the area necessary to provide breeding or nesting habitat, shelter, food and water for any animal species.
Additional Definitions: The Conservation Commission may in its rules and regulations provide such other definitions, or terms used in this Bylaw, as it deems useful in order to administer or carry out its obligations wider this Bylaw. Except as otherwise provided in this Bylaw or in regulations of the Commission, the definitions of terms in this Bylaw shall be as set forth in the Wedands Protection Act (GL. c, 131, § 40) and Regulations (310 CMR 1000)
Section 10. Bonds and covenants
The Conservation Commission may, as part of a permit allowing work, require, in addition to any security required by any other town or state Board, Commission, agency or officer, that the performance and observance of the conditions imposed hereunder be secured by one, or in part by one and in part by the other of the methods described in the following clauses A and B:
A. By a proper bond or deposit of money or negotiable securities, sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such permit.
B. By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the conditions and safeguards included in such permit shall be performed before any lot may be conveyed other than by mortgage deed.
ART. 16, ATM 4/02
Section 11. Bond to Secure Corrections of Flooding Conditions.
The Conservation Commission shall require that any developer proposing to build a structure exceeding 6,000 sq. ft. in area, which structure lies within 200 yards of an existing stream or wetland be required to post a proper bond, deposit of money or negotiable securities in lieu thereof, sufficient in the opinion of the Commission to secure performance of such measures determined by the Commission as necessary to correct any flooding condition on the site of the proposed development that existed prior to the construction of same or is likely to result as a consequence of the construction. The Commission shall insure that the bond shall be in effect for a minimum of five years.
Section 12. Penalties for violations/ enforcement
Whoever violates any provision of this Bylaw shall be punished by a fine of not more than $300. Each day or portion thereof of continuing violation shall constitute a separate offense. This Bylaw may be enforced by any Town Police Officer or other officer having police powers.
The Commission shall have the authority to enforce this Bylaw, its regulations, and permits issued thereunder by violation notices, administrative orders, and criminal court actions.
In the alternative to criminal prosecution, the Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L. C. 40, Sec. 21D.
Section 13. Judicial review
Any request for judicial review of the Commission's decision on any Permit or
Request for Determination of Applicability pursuant to this Bylaw must be filed within sixty days from the Issuance of or decision to not Issue the Permit or Determination. Failure to do so shall constitute a waiver of such judicial review.
Section 14. Severability
The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any Permit which has previously become final.
Section 15. Relation to Wetlands Protection Act
This Bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Statutes, independent of the Wetlands Protection
Act, General Laws c. 131, §40, and regulations thereunder.
Section 16. Fee schedule
A. Rules:
1. Permit fees are payable at the time of application and are nonrefundable.
2. Permit fees shall be calculated by this department per schedule below.
3. Town, County, State, and Federal projects are exempt from fees.
4. Failure to comply with the law after official notification shaft result in lees twice those normally assessed.
5. These fees are in addition to any required under the Wetlands Protection Act, G.L. c.131, s. 40, or its regulations.
B. Fees:
1. Minor project (house addition, tennis court, swimming pool, utility work, etc.) $100.
2. Maintenance activity; work in, on or affecting any body of water, wetland or floodplain $100.
3. Single-family dwelling $400.
4. Subdivisions (road and utilities only) $400 + $2/ft. of roadway sideline within 100' of resource areas or within land subject to flooding.
5. Multiple dwelling structures $400 + $100 per unit all or part of which ties within 100 ft of wetlands or within laud subject to flooding.
6. Commercial and Industrial Projects
$500 + $.50/sq. ft wetland disturbed $.02/sq. ft laud subject to flooding or 100-ft. buffer disturbed.
7. Extensions of Permits
a. Single-family dwelling or minor project $100.
b. Other. S150.
8. Refilings of previously denied projects within 3 years original fee or $1,000, whichever is less,
9. Request for Determination $75.
10. Fees for Request for Amendments a fee of $300 or 50% of the original filing fee, whichever is less, will be submitted at the same time as a "request for amendment/Changes Is presented to the Conservation Commission."
ART. 57, ATM 5/02
11. Consultant Fee Upon receipt of a Notice of Intent, Abbreviated Notice of Resource Area Delineation, or Request for Determination of Applicability, or any point during the hearing process, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. The fee is called the "consultant fee."
The specific consultant services may include, but are not limited to, performing or verifying the accuracy of a resource area survey and delineation, analysis of resource area functions - including wildlife habitat evaluations, hydrogeologic and drainage analysis, and environmental or land use law.
The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. Failure by the applicant to pay the Consultant Fee specified by the Commission within five (5) business days of the request for payment shall be cause for the Commission to deny issuance of a permit or other requested action.
The applicant shall pay the fee to be put into a revolving fund, which may be drawn upon by the Commission for specific consultant services approved by the Commission at one of its public meetings. The consultant shall be chosen by, and report only to, the Commission or its designee.
The exercise of discretion by the Commission in making its determination to require payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision.
The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provision of the Massachusetts General Laws.
The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to one of the following schedules whichever is greater:
Project Cost Maximum Fee
Up to $100,000 $3,000
$100,000 - $500,000 $4,500
$500,000 - $1,000,000 $10,000
$1,000,001 - $1,500,000 $15,000
$1,500,001 - $2,000,000 $20,000
Each additional $500,000 project cost increment over $2,000,000 may be charged at an additional $4,500 maximum fee per increment.
The project cost means the estimated, entire cost of the project, including, but not limited to, project design, building construction, site preparation, landscaping, and all site improvements.
Project Site Size Maximum Fee
Up to 1 acre $3,000
1 to 2 acres $4,500
2 to 10 acres $10,000
10 acres and above $10,000 plus $2,000 per acre for each acre above 10 acres
The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request but the lack of such estimated project costs shall not avoid the payment of the consultant fee.
ARTICLE 9: PLACEMENT OF DUMPSTERS
ART. 3, S.T.M., 11/30/88
No dumpster shall be utilized within the Town unless and until the Board of Selectmen has issued a permit for same. The fee for each permit shall be $24.00. The Board of Selectmen is authorized from time to time to adopt and amend Rules and Regulations relating to the existence of dumpsters which shall take into account various appropriate considerations, including but not limited to, positioning and enclosure so as to maximize aesthetic concerns, i.e., odor, noise, unsightliness; character of the neighborhood, traffic and other public safety concerns, and hours of use.
ART. 24, A.T.M., 5/4/92
Dumpster shall be considered to be any outside container utilized for the collection for disposal of discarded or rejected materials including but not limited to rubbish and garbage, being either intended for a temporary or more or less permanent duration. Failure to secure a permit or violations of regulations promulgated hereunder shall make the owner on whose land the dumpster is placed subject to a fine of not more than $48.00, each day that a violation continues to be considered a separate offense.
ARTICLE 10: YARD SALES
ART. 28, A.T.M., 5/3/93
Section 1. Policy
It is the intent of the Town that no more than two yard sales per calendar year or garage sales per calendar year per address are permitted.
Section 2. Reporting
The police will investigate all complaints of yard or garage sales and file a report according to established standard police department reporting procedures.
Section 3. Time Certain Discontinuance
No sale shall continue in operation after 4:00 P.M. All unsold items or other objects associated with the sale will be stored out of public view by said time. Violations of this section shall be punishable by a fine of $50.
Section 4. Enforcement
If it can be substantiated by said police records that a person or persons are attempting to conduct a third sale at a given address, the police will order that the sale be shut down immediately. Persons who fail to do so or attempt to re-establish a sale at a later time are subject to a fine of $200.
ARTICLE 11: ELEVATOR MAINTENANCE
ART. 26, A.TM., 5/4/98
In any multiple dwelling unit building all elevators shall be maintained and serviced so as to be available for use by the residents of the building. If an elevator becomes unavailable for use for a period in excess of 48 hours the record owner of said building shall be deemed in violation of this section unless an explanation for such non-availability is given in writing satisfactory to the Building Inspector. The record owner of the building in question shall be subject to a find of $200 per day each and every day to be considered a separate violation. The Building Inspector shall be the enforcing person for this provision.
ARTICLE 12: NOISE ABATEMENT
ART., S.T.M., 7 12/7/98, ART ATM 6/20/05
Section 1. Definition.
Except as may be otherwise specified in this Section, all acoustical terminology used in this Article shall have the meaning stated in American National Standard Acoustical Terminology [ANSI S1.1-1998 (R2004) or as it may be revised.]
For purposes of this Article the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Construction.
Any activity requiring a building permit and any and all activity necessary or incidental to the erection, assembling, altering, installing, repair or equipping of buildings, roadways, or utilities, including demolition, land clearing, grading, excavating, and filling and paving.
DB(A).
The A-weighted sound level in decibels, as measured by a type I or II sound level meter complying with the provisions of Specifications for Sound Level Meters [(ANSI S1.4-1983 (R2001) with amendment S1.4A-1983 or as it may be revised], American National Standards Institute (ANSI), properly calibrated, and operated on the AA@ weighting network, slow setting.
Demolition.
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Domestic Power Equipment.
Electrical, battery or generator powered equipment intended for use in residential areas by a homeowner. Examples include but are not limited to chain saws, log splitters, power saws, drills, grinders, lawn and garden tools.
Emergency.
An occurrence or set of circumstances requiring immediate action involving
a. the restoration of public utilities or
b. the restoration of property to a safe condition following a public calamity or
c. the protection of persons or property from imminent exposure to danger.
Emergency work.
Work which is performed in an effort to alleviate an emergency.
Emergency Vehicle.
Any vehicle being operated as part of emergency work.
Heavy Equipment.
Commercial or industrial equipment such as motorized earth moving equipment, jack hammers, pavement breakers, pile drivers, trucks for loading and unloading dumpsters, tractor-trailers, and parking lot maintenance equipment.
Pavement Breaker.
Any hydraulically or pneumatically powered impact device intended to cut or trench pavement, subbase macadam, gravel, concrete, or hard ground.
Person.
Any individual, partnership, association, firm, syndicate, company, trust, corporation,department, bureau or agency, or any other entity recognized by law as the subject of rights and duties, including the Town, its agencies and departments and any person, as herein defined, operating under a contractual arrangement or agreement with the Town.
Pile Driver.
An impact device designed or used for the driving of piles, columns and other supports into soil or other material by means of impact, vibrations, pressure, or other means.
Section 2. Exceptions.
The provisions of this Article shall not apply to:
A. Emergency Alert. The emission of sound for the purpose of alerting persons to the existence of an emergency or as otherwise specifically permitted by the
provisions of this Article.
B. Emergency Work. The emission of sound in the performance of emergency work.
C. Public Speakers. Public speaking and public assembly activities except those activities otherwise regulated by this Article.
D. Activities with Permits. Events and activities (other than construction work) for which proper permits or licenses have been issued.
E. Emergency Vehicles.
F. Snow Removal. The emission of sound for the purpose of clearance or removal of snow.
G. Explosives. The emission of sound resulting from the use of explosives when authorized by the Arlington Fire Department in accordance with Board of Fire
Prevention Regulations 527 CMR 13 and other relevant regulations and statutes of the Commonwealth of Massachusetts.
H. Religious Uses. Devices used in conjunction with places of religious worship.
I. Town Horn. The sounding of the Town Horn.
J. The intermittent or occasional use, during the daytime (as defined in Section 3, Subsection A), of homeowner=s domestic power equipment.
Section 3. Daytime-Only Activities.
The following acts are specifically prohibited.
A. Prohibited Times. Operating, or permitting the operation of, any of the following devices or vehicles.
1. before 8:00 A.M. on Saturday, Sunday or legal holiday
2. before 7:00 A.M. on all other days, or
3. after 8:00 P.M. on any day, in any zone in the Town:
a. Heavy equipment (as defined in Section 1), and
b. All electric motors or internal combustion engines, or other construction devices, tools or equipment, used in construction,drilling,
demolition,maintenance, or earth moving, including but not limited to bulldozers, backhoes, concrete mixers, dump trucks, pneumatic tools, rollers,
scrapers, air compressors, generators, jackhammers, cranes, pavement breakers, pile drivers, rock drills, and chainsaws.
B. Loudspeakers. Operating or causing to be operated a public address loudspeaker, whether mobile or stationary, after 9:00 P.M. or before 8:00 A.M.
Section 4. Maximum Sound Levels.
A. Sound Measurement. When a sound source is located in public spaces, sound measurements shall be made at, and sound level determination made in relation to, any location lawfully accessible to the public.When the sound source is located on private property, sound measurements shall be made at the boundary line of such property or as close thereto as is feasible.
B. Sound Limitations. No person or persons owning, leasing, or controlling the operation of any source or sources of sound shall permit, either willfully, negligently, or by failure to provide necessary equipment or facilities or to take necessary precautions, the production of sound with a sound level greater than 85 dB(A) at any time, other than sounds associated with construction or maintenance work.
For any sounds above 85 dB(A) associated with construction or maintenance work, the Town Manager or the Town Manager=s designee is authorized to require the person to provide noise monitoring equipment, pay for consultants to advise the Town as to feasible aternatives to accomplish the work at lower sound levels, implement any reasonable noise mitigation measures, and/or to impose any reasonable time restrictions on the activity.
Section 5. Penalties.
Any person violating any provision of this Article shall be subject to a fine of $200.00 for each offense and/or an action in a court of competent jurisdiction, seeking an order to cease and desist from such activity. Each day or part thereof if any violation continues shall constitute a separate offense.
Section 6. Manner of Enforcement.
Violations of this Article shall be prosecuted in the same manner as other violations of the Town By-Laws provided, however, that in the event of an initial violation of the provision of this Article, a written notice shall be given the violator requiring the cessation of the activity. No complaint or further action shall be taken in the event the cause of the violation has been removed, the condition abated or fully corrected upon the receipt of such notice.
In the event the violator cannot be located in order to serve the notice, the notice as required herein shall be deemed to be given upon mailing such notice by registered or certified mail to the violator at his last known address or at the place where the violation occurred. At the discretion of the Town Manager subject to the approval of the Board of Selectmen, repetition of the same offense may result in the immediate filing of a complaint and/or action in a court of competent jurisdiction to cease and desist same.
Section 7. Notification.
The Building Inspector will provide a copy of this bylaw to any individual applying for any permit for work that might involve noise levels subject to this bylaw but his failure to do so will not affect the enforceability of this bylaw.
Section 8. Conflict with other Regulations.
The provision(s) of this Article or the application of such provision(s) to any person or circumstances shall be held invalid, the validity of the remainder of this Article and applicability of such provisions to other persons or circumstances shall not be affected thereby.
ARTICLE 13 HANDICAP PARKING
ART 21, ATM 5/27/05
Police are authorized to enter on to private property on which the public has a right of access as invitees and/or licensees to enforce handicap and disabled veterans parking violations as if same had occurred on public ways. The penalty for leaving of vehicles unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons shall be twenty-five dollars for the first offense and for any second or subsequent offense fifty dollars. The police may cause such vehicles to be towed at the owner=s expense in accordance with applicable state law.
ARTICLE 14 REGULATION OF RESIDENTIAL OUTDOOR LIGHTING
ART. 17 ATM 05/16/05
Section 1.Introduction
It is the intention of this by-law to regulate the use of residential outdoor lighting so as to not unduly inconvenience abutters by having outdoor lighting shining directly into their windows or onto their properties. This by-law is enacted with the understanding that enforcement shall be based upon any complaint issued by any resident or property owner within the Town.
Section 2.Regulation
In all residential neighborhoods, all outdoor lighting, including but not limited to: floodlighting, decorative lighting, lighting primarily designed to illuminate walks and/or walkways, driveways, flagpoles, outdoor living areas and/or outdoor recreational facilities, except for temporary holiday lighting, shall be continuous, indirect, and installed and/or shielded in a manner that shall prevent direct light from shining onto or upon any street and/or adjacent or abutting property.
Section 3.Enforcement
Enforcement of this by-law shall be under the authority of the Building Inspector. Upon receiving a complaint in writing, from a resident or property owner in the Town, the Building Inspector shall enforce this by-law as set forth in the Fines & Fees Schedule of the by-law.
Section 4.Fines & Fees Schedule
A. First offense: A written warning stating a property owner/resident is in violation: Ten (10) days to meet compliance.
B. Second offense:$25.00 Fine. Five (5) days to meet compliance.
C. Third offense and $50.00 Fine. Five (5) days to meet compliance before each subsequent offesne another $50.00 fine issues.
ARTICLE 15 Storm Water Mitigation
Section 1. Definitions
“Building footprint” – the outline of the total area covered by a building’s perimeter at the ground level
“Impervious surface” – a hard-surfaced, man-made area that does not readily absorb or retain water, preventing the infiltration of storm water runoff; including but not limited to building roofs, parking and driveway areas, sidewalks, paved recreation areas, structural additions, accessory structures, roads, pools and play areas
“Predevelopment” – the status of a property at the time prior to request for a permit for new construction or increase to the impervious surface area of a lot
“Runoff Rate” – the speed and volume of storm water which flows over the surface of the land
“Runoff” – rainfall, snowmelt, or irrigation water flowing over the ground surface or directed through a pipe or culvert
“Storm water” – storm water, snow melt; the flow of water which results from precipitation and which occurs following rainfall or snowmelt
Section 2. Applicability
This bylaw is applicable to the following development or redevelopment:
All development of a previously undeveloped vacant lot, resulting in a structure where building footprint and other impervious surfaces exceeds 500 square feet;
Alteration of a developed property resulting in an increase to the impervious area of a lot by more than 350 square feet.
This bylaw shall not apply, however, to the paving of private ways that are owned in common with abutting lot owners, and that serve purposes similar to that of public ways, and that are not driveways entirely located on a single lot or on multiple lots under the same ownership.
Section 3. Standard
No project subject to this bylaw may increase the surface water runoff rate relative to the predevelopment runoff rate.
Section 4. Procedure
Application: Prior to the issuance of a building permit for any activity subject to this bylaw, a grading and drainage plan shall be submitted to the Engineering Division, consistent with specifications to be developed by the Arlington Department of Public Works. A fee of $25.00 shall be assessed to cover the costs of review of the plan.
Review: The Engineering Division will review the application, and within 14 days approve, approve subject to conditions, or reject the plan.
Relief: The applicant may request relief when strict adherence to this bylaw can be shown to constitute significant hardship due to unique topographical aspects of the site or due to serious financial hardship. Relief may be granted by the Director of Public Works, after consultation with the Engineering Division which decision shall be made within 14 days after the request for same is made. Further relief from the decision of the Director of Public Works may be sought from the Zoning Board of Appeals, which will make a de novo determination after a hearing on the merits. The Zoning Board will convene such hearing within 21 days of a request for relief from the applicant and make a decision within 14 days of the hearing.
Prior to project completion, the Town Engineer or his representative shall determine if there has been compliance with the storm water plan; if found to be not in compliance, the applicant will be notified of remaining work to be done; if found to be in compliance, a certificate of completion will be issued.
Any attempt to occupy the premises by the applicant or anyone else without compliance with the provisions of this bylaw shall be punishable by a fine of $200 each day of noncompliance to be considered a separate offense.
Section 5. Administration
The Engineering Division, subject to approval by the Director of Public Works and the Town Manager, shall establish administrative procedures for the review and approval of storm water management plans. Failure to promulgate rules and regulations will not have the effect of suspending or invalidating this bylaw.
The Engineering Division shall utilize the policy, criteria, and information, including specifications and standards, of the latest edition of the Massachusetts Department of Environmental Protection’s revised Surface Water Discharge Permit Regulations at 314 CMR 3.06(11)(b)5 Storm Water Management Policy for execution of the provisions of this bylaw.
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