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Title V - Regulations Upon the Use of Private Property
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Article 6: Retail Food Stores, Common Victuallers, And Food Vendors |
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ARTICLE 1
DISPLAY OF NOTICES
Section 1. Restrictions on Use
(ART. 7, ATM - 05/04/15; ART. 26 2019 ATM)
Signs erected by a person, town committee, student organization or non-profit organization for the purpose of advertising an individual yard sale, non-commercial public event, or lost pet are hereby referred to as "notices" and are exempt from the provisions of this article of the Town Bylaws subject to Select Board regulations of "The Display of Notices" to be promptly promulgated by the Select Board upon the passage of this section.
Section 2. 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 notice for twenty (20) days thereafter shall be punished by a fine of not more than three hundred dollars ($300).
ARTICLE 2
JUNK CARS
Section 1. Restrictions on Use
(ART. 31, ATM – 05/03/93) (ART. 9, ATM – 04/24/00)
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 ten (10) days except as same may be permitted by the provisions of Section 5.04, the Table of Use Regulations of the Arlington Zoning Bylaw.
Section 2. Enforcement and Fines
(ART. 45, ATM – 05/12/97)
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 Select Board, 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.
Section 4. Smoking Prohibited in Certain Buildings
(ART. 29, ATM – 05/05/93)
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
Every person having control of premises upon which smoking is prohibited by this By-Law, or their agent or designee, shall conspicuously display upon the premises a sign reading "Smoking Prohibited by Law".
Section 6. Fine for Violation
(ART. 29, ATM – 05/05/93) (ART. 45, ATM – 05/12/97)
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
The dispensing of motor fuel by means of self-service automated dispensing systems shall be permitted at any authorized filling station, so long as there is at least one full-service attendant employee dispensing system available at said station and so long as said station is an auto service station that provides services in at least one service bay. All installations shall comply with the regulations promulgated by the Board of Fire Prevention Regulations in the Commonwealth.
Section 2. Customer Pumping Prohibited
Each self-service automated dispensing system shall display a clear warning label explaining that burning gasoline, diesel and ethanol has major consequences on human health and on the environment, including contributing to climate change.
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 Select Board, the following information: name and address of applicant, name and address of place of business, evidence, in form satisfactory to the Select Board, 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 Select Board shall require.
The Select Board 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 Select Board 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 Select Board a thirty day notice of their intention to sell same before such application will be acted upon by the Select Board.
D. Discretion of Select Board Such license shall not be issued or be valid until it has been signed by a majority of the Select Board. The Select Board may refuse to grant such a license if, in their opinion, the public good does not require it. The Select Board 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 31st day of December and the fee shall not be prorated. The Select Board 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 Select Board, 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 Select Board shall immediately revoke the license. If the licensee at anytime conducts the licensed business in an improper manner, the Select Board, 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, ATM – 04/29/92)
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.
ARTICLE 8
WETLANDS PROTECTION
SECTION 1. PURPOSE
(ART. 77, ATM – 05/15/00)
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 of 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 has been given to the Commission 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 the resource areas and resource area values protected by this Bylaw. No activity shall commence without receiving and complying with a permit or determination of 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 furnish 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 the Regulations of 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 of 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 hold a public hearing within 21 days to make a determination as to whether 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 of applicability is other than the owner of 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 of Applicability shall be valid for three years from date of issuance and may not be extended or renewed.
B. NOTICE OF INTENT & 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 affect 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 hearing 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 effects 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; shall 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 three (3) years from the date of issuance. A permit may be renewed for up to three years, provided that a 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 for 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 not 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 the 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 filing a Notice of Intent pursuant to this Bylaw additional materials or data than is required pursuant to an application filed under General Laws, Chapter 131, 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 holder. Good cause shall include, but not be limited to, failure of an applicant to comply with the conditions of a permit.
SECTION 5. PUBLIC HEARING
(ART. 57, ATM – 06/19/02)
Notice of the time and place of a public hearing on any appropriate application specified in this Bylaw 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, Select Board, 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, s.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 hearing.
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 Commissions 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 Select Board 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 if 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 more 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 with 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 pond, reservoir, or lake; or
2. within the maximum lateral extent of the water elevation 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 park, 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 shall 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 bet that determined by reference to the most recently available flood profile data prepared for Arlington within which the work is proposed under the Natural 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 under this Bylaw. Except as otherwise provided in this Bylaw or in regulations of the Commission, the definitions of terms in this Bylaw shall be set forth in the Wetlands Protection Act (G.L. c. 131, §40) and Regulations (3.10 CMR 10.00).
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.
SECTION 11. BOND TO SECURE CORRECTIONS OF
FLOODING CONDITIONS
(ART. 16, ATM – 04/24/02)
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 $300.00. 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 office 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 MGL 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 Section 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 shall result in fees 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: (ART. 57, ATM – 06/19/02) (ART. 57, ATM – 06/19/02)
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 lies within 100 ft. of wetlands or within land subject to flooding.
6. Commercial and Industrial Projects
$500. + $.50/sq. ft. wetland disturbed $.02/sq. ft. land subject to flooding or 100 ft. buffer disturbed.
7. Extensions of Permits
a. Single family dwelling or minor project $100.
b. Other. $150.
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.
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
$100,001 -- $500,000 $ 4,500
$500,001 -- $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.
SECTION 17. VARIANCE
(ART. 5, STM – 05/14/03) (ART. 31, ATM – 05/05/04)
The Commission may vary any provisions of this bylaw or regulations promulgated thereunder relating to providing compensatory storage for flood storage volume that will be lost as a result of a proposed project within a flood plain when strict adherence thereto would constitute a substantial hardship on the applicant. The Commission may not issue a variance when to do so would derogate in a substantial way from the overall purpose of this bylaw. Notwithstanding the foregoing, the Commission may not issue any variance the effect of which would be to advance or in any way facilitate the building of any above-ground structures, except for minor recreational improvements (such as bleachers, lighting, and scoreboards). The effective date of this section shall be as provided in Section 32 of Chapter 40 of the General Laws.
ARTICLE 9
PLACEMENT OF DUMPSTERS
(ART. 3, STM – 11/30/88) (ART. 24, ATM – 05/04/92)
(ART. 18, ATM – 05/09/11)
No dumpster or portable storage container shall be utilized within the Town unless and until the Select Board has issued a permit for same. The fee for each permit shall be $24.00. The Select Board is authorized from time to time to adopt and amend Rules and Regulations relating to the existence of dumpsters and portable storage containers 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.
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. Portable Storage Container is any outside container temporarily placed at or in front of a private residence or business for the packing and/or storage of items of personal property, goods, or materials. Failure to secure a permit or violations of regulations promulgated hereunder shall make the owner on whose land the dumpster or portable storage container 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, ATM – 05/03/93)
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, ATM – 05/04/98)
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. 19, ATM – 06/20/05), (ART. 38, ATM – 05/05/10)
(ART. 25, ATM – 05/14/12)
(ART. 2,STM – 04/24/13)
(ART. 14, ATM - 04/24/17)
(ART. 3, STM 02/12/18)
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 “A” 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. other than leaf blowers powered by internal combustion engines, which shall be subject to the restrictions set forth in Section 3(D), below. (ART. 2, STM – 04/24/13)
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 9:00 a.m. or after 5:00 p.m. on Saturday,
Sunday or legal holiday
2. before 8:00 A.M. or after 6:00 P.M. on all other days:
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.
3. Authorized Exemptions for Public and Private Way Projects
(ART. 3, STM – 04/12/18) (ART. 15, ATM – 04/25/22)
a. Following transmission of an “abutter notice” as set for herein, Arlington Department of Public Works, public utilities, and/or their contractors may perform non-emergency work in and/or on public and private ways within the Town of Arlington outside of the operating hours set forth in this Section with the permission of the Town Manager.
i. Abutter notice,” shall be required for non-emergency public works or utility projects in or on public or private ways outside of allowed day-time hours under this bylaw, and may be satisfied by a mail, hand, or electronic delivery of a notice setting forth the date, time, and expected nature of work being permitted by the Town Manager under this section to each residential unit within 500 feet of anticipated work, two (2) business days in advance of such work commencing.
b. The exemptions enumerated above shall not extend to non-emergency work on any other type of public or private property by such entities.
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.
C. Bug Zappers. Operating or causing to be operated after 10 P.M. or before 7 A.M. (8 A.M. on Saturday, Sunday, or a legal holiday) any electronic device for killing, trapping, or repelling insects or other pests if such device emits audible sound beyond the line of the property on which the device is located. (ART. 38, ATM – 05/05/10)
D. Use of Leaf Blowers Powered By Internal Combustion Engines and Transition to Electric Powered Leaf Blowers (ART. 16, ATM – 04/25/22)
1. For purposes of this subsection, the following terms shall be defined as follows:
(a) “Leaf blower”- Any powered machine used to blow leaves, dirt and other matter by forced air for landscape maintenance.
(b) “Gas powered leaf blower” – A leaf blower powered by gas or gas and oil.
(c) “Electric leaf blower” – A leaf blower powered by attaching a cord to an electricity source or rechargeable batteries.
(d) “Commercial landscaper” – A person or entity that receives compensation to utilize landscaping equipment on another’s property.
(e) “Resident” – The legal owner of record of real property, as listed by the tax assessor’s records, operating on their own property; tenants operating on the property for which they hold a lease; and condominium associations operating on condominium property.
(f) “The Town” – Town of Arlington municipal employees, operating on municipal property.
2. The use of gas powered leaf blowers is prohibited between May 31st and September 15th except in accordance with the transition and phase out schedule as set forth below:
(a) Commercial and Municipal Users Transition Period May 31, 2022 – March 15, 2025
During the transition period, gas powered leaf blowers may be operated by commercial landscape companies and the Town only between the calendar dates of March 15th – May 31st and September 15th – December 30th, during the following times:
(i) Monday-Friday, 7:30 am – 5:30 pm;
(ii) Use is prohibited on Saturdays, Sundays and Legal Holidays.
Electric powered leaf blowers may be operated by commercial landscape companies and the Town during the following times:
(i) The full calendar year;
(ii) Monday-Friday, 7:30 am – 5:30 pm;
(ii) Use is prohibited on Saturdays, Sundays and Legal Holidays.
(b) Commercial and Municipal Users Transition Period May 31, 2022 – March 15, 2025
As of March, 15, 2025, all use of all gas powered leaf blowers by commercial landscape companies and the Town shall be prohibited, but for the following exemptions:
(i) The Town may use wheeled leaf blowers powered by four- stroke engines for the purposes of clearing the Minuteman Bikeway and other municipal property of an acre or more;
(ii) The Town may use gas powered leaf blowers under emergency conditions.
(c) Resident Users Transition Period May 31, 2022 – March 15, 2026
During the transition period, gas powered leaf blowers may be operated by residents while on their own property only between the calendar dates of March 15th – May 31st and September 15th – December 30th, during the following times:
(i) Monday-Friday, 7:30 am – 6 pm;
(ii) Saturdays, Sundays and Legal Holidays, 8 am – 4 pm.
Electric powered leaf blowers may be operated by residents while on their own property during the following times:
(i) The full calendar year;
(ii) Monday-Friday, 7:30 am – 6 pm;
(iii) Saturdays, Sundays and Legal Holidays, 8 am – 4 pm.
(d) Resident Users Phase Out
As of March 15, 2026, all use of gas powered leaf blowers by residents shall be prohibited.
(e) No more than one leaf blower may be used on any lot of 6,000 square feet or smaller. One additional leaf blower may be used for each additional 6,000 square feet or portion thereof comprising one lot.
(f) Gas powered leaf blowers may be used for no more than 30 minutes at a time with shut down time of 15 minutes in between operation.
(g) Post-Transition Electric Leaf Blower Regulation
Following the transition periods set forth in 2(a) and 2(d) of this section, electric powered leaf blowers may be operated by all users at the following times during the full calendar year:
(i) Monday-Friday, 7:30 am – 6 pm;
(ii) Saturdays, Sundays and Legal Holidays, 8 am – 4 pm.
3. At no time shall any leaf blower be used in such a way as to permit the distribution of leaves, dust, or other debris beyond the vertically extended lines of the property on which the leaf blower is being used.
4. Leaf blowers shall at all times be operated at the lowest possible practical speed necessary to accomplish the task for which they are being used.
5. As of June 15, 2014, or one year after the effective date of this Bylaw, whichever is later, no commercial landscaper, commercial landscape company, or other entity engaged in the business of providing home and yard repair, clean-up, and maintenance services for a fee shall use any leaf blower within the Town in the exercise of that business unless the manufacturer specifies that the sound emitted from said leaf blower is no greater than 74 dB(A) at 50 feet at full throttle.
(ART. 2, STM – 4/24/13)
6. Enforcement
(a) This bylaw shall be enforced by the Board of Health;
(b) Violations of this bylaw shall be subject to the following penalties:
(i) For the first violation in a calendar year, a written warning shall be issued and education on the bylaw will be provided to resident and commercial landscaper, if applicable;
(ii) For the second violation, a fine of $100 shall be given to both the resident and commercial landscaper, if applicable;
(iii) For each subsequent violation in a calendar year, a fine of $200 shall be given to the resident and commercial landscaper, if applicable;
(c) Reporting of Violations – Violations may be reported by any person who observes a gas powered leaf blower in use in the Town, in violation of this bylaw, with appropriate evidence to support the claim. Witnesses to violations of this bylaw may submit a complaint to the Board of Health that must include:
(i) The name of the commercial landscaper or resident alleged to have violated this bylaw;
(ii) The location of the alleged violation;
(iii) The date and time of the alleged violation;
(iv) Any additional identifying information regarding the use of the gas powered leaf blower.
All complaints must be submitted within seven days of the alleged violation. All complaints must be signed by the complainant before an investigation can be initiated. Photographic and recorded evidence in support of the complaint is permitted, but not required.
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 alternatives 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 their last known address or at the place where the violation occurred. At the discretion of the Town Manager subject to the approval of the Select Board, 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 their 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 – 05/27/05)
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 OUTDOOR LIGHTING
(ART. 17, ATM – 05/16/05- DELETED)
(ART. 8, ATM – 04/28/14)
(ART. 34, ATM – 05/01/19)
Section 1. Introduction
It is the intention of this by-law to regulate the use of outdoor lighting so as to reduce or eliminate light pollution (artificial light which causes a detrimental effect on the environment, interferes with the enjoyment of the night sky, causes undesirable glare, or unnecessary illumination of adjacent properties), and to conserve energy and resources to the greatest extent possible.
Section 2. Definitions
A “luminaire” shall be defined as a complete outdoor lighting unit or fixture including a lamp or lamps, together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply, but not including a pole on which the luminaire may be mounted.
A luminaire shall be considered shielded if it is constructed in such a manner that no light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected above a horizontal plane passing through the lowest direct-light-emitting part of the luminaire.
Section 3.Regulation
A. 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 shall be appropriately continuous, indirect, and installed and/or shielded in a manner that shall prevent unreasonably bright light from shining onto or upon any street and/or nearby property whether directly or by creating unreasonably bright glare.
B. The use of mercury vapor, high pressure sodium, and metal halide bulbs is prohibited within the Town of Arlington.
C. Any lighting affixed to a utility pole or placed on town property, on the public right-of-way or easement, in which the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement, shall be subject to a permit by the Select Board. In granting the permit, the Select Board shall establish that the permitted lighting fixture conforms to all provisions of this by-law.
D. Up-lighting, the direct light illumination distributed above a 90 degree horizontal plane through the lowest direct light emitting part of the luminaire, is prohibited, except before 9:30PM or with specific permission from the Select Board for ten or fewer consecutive days, for signage governed by and permitted under the Arlington Zoning Bylaw, illumination of the United States Flag, the Flag of the Commonwealth of Massachusetts, or other flags on Town and/or school property, Town, School, public building façades, buildings used for religious purposes, buildings used exclusively for commercial purposes, or a public monument. For any up-lighting, the luminaire shall be equipped with shields so that the lamp is not visible from a street, or a lot that is in Residential or Conservation use.
E. The following lighting shall be exempt from the provisions of this by-law:
i. Temporary holiday lighting.
ii. Internally illuminated signs.
iii. Emergency lighting such as used by the Police, Fire Department, or other official or utility emergency personnel. Placement of longer- term emergency lighting shall, to the largest extent possible, take into consideration the detrimental effects of glare on passing motorists and pedestrians and on residential lots.
iv. Lighting during special events such as fairs, concerts, or celebrations sponsored by the Town of Arlington or approved by the Select Board or other appropriate Town or School body;
v. Lighting on playing fields and courts under the jurisdiction of the Town of Arlington;
vi. Lighting of historic or architectural significance exempted by a vote of the Arlington Historical Commission.
Section 4. Enforcement
Enforcement of this by-law shall be under the authority of the Building Inspector.
A. For any and all lighting in violation of this by-law, in which the luminaire is owned, leased, or maintained by an electric utility, the Building Inspector shall enforce this by-law as set forth in the Fines & Fees Schedule of the by-law with the utility subject to the penalties set forth in the by-law.
B. For any lighting that fails to conform to the terms and conditions of permit provisions of this by-law, the Building Inspector shall enforce this by-law as set forth in the Fines & Fees Schedule of the by-law.
C. For any lighting that uses mercury vapor, high pressure sodium, or metal halide bulbs, the Building Inspector shall enforce this by-law as set forth in the Fines & Fees Schedule of the by-law.
D. For any other instances, upon receiving a complaint in writing, the Building Inspector shall enforce this by-law as set forth in the Fines & Fees Schedule of the by-law.
Section 5. Fines & Fees Schedule
A. First offense: A written warning stating a property owner or utility 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 offense another $100.00 fine issues.
STORMWATER MANAGEMENT
(ART. 10, ATM – 04/25/07) (ART. 11, ATM – 4/26/21)
Section 1. Purpose
The purpose of this bylaw is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of soil erosion and sedimentation, construction and post-development stormwater runoff, decreased groundwater recharge, climate change impacts, and nonpoint source pollution associated with new development, redevelopment, and other land alterations. Stormwater runoff can be a major cause of:
(1) Impairment of water quality and flow in lakes, ponds, streams, rivers, coastal waters, wetlands, groundwater, and drinking water supplies;
(2) Contamination of drinking water supplies;
(3) Contamination of downstream coastal areas;
(4) Alteration or destruction of aquatic and wildlife habitat;
(5) Overloading or clogging of municipal stormwater management systems; and
(6) Flooding.
The objectives of this bylaw are to:
(1) Protect wetland and water resources;
(2) Mitigate climate change impacts;
(3) Comply with state and federal statutes and regulations relating to stormwater discharges including total maximum daily load requirements;
(4) Prevent and reduce pollutants from entering Arlington's municipal separate storm sewer system (MS4);
(5) Prohibit illicit connections and unauthorized discharges to the MS4 and require their removal;
(6) Establish minimum construction and post construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and the control of sedimentation and erosion on disturbed sites;
(7) Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure that they continue to function as designed, and pose no threat to public safety; and
(8) Establish Arlington's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement.
Section 2. Definitions
A. The following terms, when used whether or not capitalized in this Bylaw, shall have the meanings set forth below, unless the context otherwise requires. Additional definitions may be set forth in the Rules and Regulations promulgated by the Department of Public Works under Section 6.C of this bylaw.
“Building footprint” – the outline of the total area covered by a building’s perimeter at the ground level.
“Development” – The modification of land to accommodate a new use or expansion of use, usually involving construction.
“Impervious surface” – a hard-surfaced, human-made area that does not readily absorb or retain water, preventing the infiltration of stormwater 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.
“Land Alteration” – Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing and grading; or results in an alteration of drainage characteristics.
“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” – Rainfall, snowmelt, or irrigation water flowing over the ground surface or directed through a pipe or culvert.
“Runoff Rate” – The speed and volume of stormwater which flows over the surface of the land.
“Stormwater” – Runoff from precipitation or snow melt and surface water runoff and drainage.
Section 3. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
Section 4. Applicability
A. This bylaw shall be applicable to all new development, development, redevelopment, or land alteration activities resulting in either an increase in impervious surface of 350 square feet or more, or land alteration of 1 acre or more, including such activities that may also require a permit issued by the Redevelopment Board, Conservation Commission, Zoning Board of Appeals, and/or the Inspectional Services Department. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw. This bylaw shall also apply to land alterations or disturbances that are less than one acre but are part of a larger plan of development disturbing one acre or more.
B. Project Categories. The Permitting Authority may by regulation establish categories of projects ranging from “minor” to “major” based on project size, scope, nature, or location. Project Application requirements and submittals, fees, and criteria for permit issuance shall be scaled appropriately based on project category.
Section 5. Procedure
Permit procedures and requirements shall be defined in the Rules and Regulations promulgated pursuant to Section 6.C. of this bylaw.
Section 6. Administration
A. The Town Engineer or its Designee shall administer this bylaw.
B. The Engineering Division may designate additional authorized agents (Designees) of the Conservation Commission, Redevelopment Board, Zoning Board of Appeals, or Building Inspector to issue Stormwater Permits concurrent with other permitting processes for projects when the land alteration or change in impervious cover is wholly under their jurisdiction.
C. The Engineering Division, subject to approval by the Director of Public Works and the Town Manager, shall adopt, and may periodically amend, Stormwater Management Rules and Regulations including terms, conditions, definitions, enforcement, fees, delegation of authority, procedures and administration of this Bylaw. A public hearing must be held at least 2 weeks prior to the adoption or amendment of such Rules and Regulations, and a draft of the proposed Rules and Regulations must be made publicly available at least 2 weeks prior to the public hearing. Failure of the Engineering Division to issue such Rules and Regulations or legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this Bylaw.
D. Stormwater Management Standards. For execution of the provisions of this Bylaw, the Permitting Authority shall define stormwater management standards within the Rules and Regulations. These standards shall incorporate into the Rules and Regulations the minimum standards of the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4 Permit) and the specifications and standards of latest editions of the Massachusetts Stormwater Management Standards and Technical Handbooks or an approved local alternative that is based on more current information. The stormwater management standards may be updated and expanded periodically, based on improvements in engineering, science, monitoring, and local maintenance experience.
E. The Department of Public Works or its Designee has the authority to resolve illicit connections by the means necessary. This authority may be set forth by this Bylaw and is stated in the Rules and Regulations as stated in the Rules and Regulations Relating to Use of Public and Private Sewers.
Section 7. Enforcement
The Engineering Division or its Designee shall enforce this Bylaw, Regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
A. Civil relief. If a person violates the provisions of this Bylaw, or any associated Regulations, permit, notice, or order issued thereunder, the Engineering Division or its Designee may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. Orders. If the Engineering Division or its Designee determines that a person's failure to follow the requirements of this Bylaw, any regulatory provision issued hereunder, or any authorization issued pursuant to this Bylaw or Regulations is creating an adverse impact to a water resource, then the Engineering Division or its Designee may issue a written order to the person to remediate the adverse impact, which may include requirements to:
(1) Cease and desist from land-disturbing activity until there is compliance with the Bylaw or provisions of an approved Stormwater Management Permit;
(2) Maintain, install, or perform additional erosion and sediment control measures;
(3) Perform monitoring, analyses, and reporting;
(4) Remediate erosion and sedimentation resulting directly or indirectly from land-disturbing activity;
(5) Comply with requirements in the Stormwater Management Permit for operation and maintenance of stormwater management systems;
(6) Remediate adverse impacts resulting directly or indirectly from malfunction of the stormwater management systems; and/or
(7) Eliminate discharges, directly or indirectly, into a watercourse or into the waters of the Commonwealth.
C. If the Engineering Division or its Designee determines that abatement or remediation of pollutants is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Engineering Division or its Designee within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Engineering Division or its Designee affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. c.59, § 57 after the 30th day at which the costs first become due.
Section 8. Fee Schedule
A. Permit fees are payable at the time of Application and are nonrefundable.
B. Permit fees shall be calculated by the Engineering Division and shall be approved by the Director of Public Works and Town Manager. Fees shall be outlined within the Rules and Regulations.
C. Town, County, State, and Federal projects are exempt from fees.
D. Consultant Fee. Upon receipt of a Stormwater Permit Application the Engineering Division is authorized to require an Applicant to pay a fee for the reasonable costs and expenses borne by the Engineering Division for specific expert engineering and other consultant services deemed necessary by the Engineering Division to come to a final decision on the Application. The fee is called the consultant fee. The consultant shall be chosen by, and report only to, the Engineering Division. The exercise of discretion by the Engineering Division 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 Engineering Division shall return any unused portion of the consultant fee to the Applicant. 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.
Section 9. Severability
If any provision, paragraph, sentence, or clause of this bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect.
ARTICLE 16
TREE PROTECTION AND PRESERVATION
(ART. 22, ATM - 05/02/16)(ART. 14, ATM – 04/23/18)(ART. 32, ATM 05/01/19) (ART. 10, ATM – 04/25/22)
Section 1. Findings and Purpose
The Town of Arlington finds that preservation of the tree canopy and planting of replacement trees is essential to preserving the character and aesthetic appearance of the Town and maintaining quality of life and the environment in the Town. Trees improve air quality, protect from heat and glare, reduce noise pollution, limit topsoil erosion and storm water runoff, provide natural flood control, enhance property values, contribute to the distinct character of neighborhoods, and offer natural privacy to neighbors.
Section 2. Definitions
A. The following definitions shall apply to this By-law:
“Building Footprint” - Outline the total area covered by a building's perimeter at ground level.
“Caliper” - Diameter of a tree trunk (in inches) measured six inches above the ground for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees.
"DBH (Diameter at Breast Height)" - Diameter of a tree trunk measured in inches at a height of four and a half (4 1/2) feet above the ground; or, for multiple-trunk trees, the measured in inches at a height of four and a half (4 1/2) feet above the ground;
"Demolition" - Any act of, or commencing the work of, destroying, pulling down, removing or razing a building or removing the roof structure, or removing two exterior walls, of a building.
“Protected Tree” - Any existing healthy tree on private land with a DBH of six (6) inches or greater, located in the setback area, which does not pose an immediate hazard to persons or property or is not under imminent threat of disease or insect infestation.
"Setback Area" - The Portion of the property which constitutes the minimum depth of side, rear and front yards as per the Zoning Bylaw of the Town of Arlington.
"Tree Fund" - An existing Town account established for the purpose of buying, planting, and maintaining trees in the Town which may receive deposit of contributions in lieu of planting new trees by property owners and fines collected under this By-law.
“Tree Plan” - A site plan drawn and stamped by a certified land surveyor or engineer, and stamped by a certified arborist or landscape architect, showing all Protected Trees as defined herein and public shade trees near the property, and indicating, on the site plan or in a separate document, which Protected Trees will be retained, which will be removed, and, how critical root zones of each Protected Tree and public shade tree will be protected from damage during site work.
“Tree Removal” - The cutting down of a tree, or the effective destruction, intentional or unintentional, of a tree during demolition or construction activities.
"Tree Warden" - The Tree Warden or his/her designee.
B. Additional definitions may be provided in rules and regulations approved by the Select Board where consistent with intent and efficient execution of this By-law.
Section 3. Applicability
A. The requirements of this By-law and all applicable rules and regulations apply to the following Circumstances:
(1) Proposed demolition of an existing residential or non-residential structure;
(2) Proposed construction on a developed lot which would result in an increase of 50 percent or more of the total building footprint of the new structure(s) when compared to the total footprint of pre-existing structures; or
(3) Proposed construction of any scope on a lot with no residential or non-residential structure on it.
B. Sites under the jurisdiction of the Arlington Redevelopment Board ("ARB") or the ARB as the Planning Board, the Zoning Board of Appeals, or the Conservation Commission pursuant to Arlington's Wetlands Protection By-law (Title V, Article 8) may waive the requirements of this By-law in full or in part where such waiver serves the interest of the community and the reasons therefore are memorialized by such bodies.
C. The requirements of this By-law shall not apply to trees defined as Public Shade Trees under G.L. c.87 § 1.
Section 4. Procedures and Requirements for the Preservation of Trees
A. Removal of Protected Trees on applicable sites shall be prohibited unless such removal is authorized by a written approval of the Tree Plan and commencement of work, in accordance with this Bylaw.
B. In all instances of construction or demolition as defined and applicable herein, the owner of the property shall submit a Tree Plan accompanied by a fee of $50, to the Tree Warden prior to or concurrent with an application for a building or demolition permit. Additionally, if any Protected Trees were removed during the 12 months preceding the application for a building or demolition permit, such trees shall be accounted for on the Tree Plan to the best of the owner's ability, and shall be mitigated pursuant to paragraph 4.C. If no Tree Plan is required, the owner shall sign an affidavit on the Building Permit Application that no Tree Plan needs to be filed per the Tree Bylaw.
C. For each Protected Tree removed, there shall be payment made to the Tree Fund, prior to the commencement of work on the property, in the amount set by a mitigation schedule approved by the Select Board assigning a value per inch of DBH of Protected Tree(s) to reflect the cost of planting and caring for new public trees, which the Town shall use to plant replacement trees in the vicinity of the tree removal or in other locations in the discretion of the Tree Warden.
D. If the Tree Plan is consistent with the requirements of this Bylaw, the Tree Warden shall so certify in writing approving the Tree Plan and commencement of work. Said certification shall occur within 10 business days. If the Tree Plan as submitted does not satisfy the requirements of this By-law and associated rules and regulations, the Tree Warden shall so notify the applicant with recommendations to achieve compliance. The Tree Warden shall be permitted access to the site during normal business hours to verify and ensure compliance with the approved Tree Plan.
E. An Owner aggrieved of the Tree Warden's determination on a Tree Plan, or with respect to the need for such a plan, may appeal such determinations to the Select Board at a public hearing. A written decision on such appeals shall be rendered with 14 business days of the close of such hearing(s).
Section 5. Enforcement and Fines
A. Following a determination of violation by the Tree Warden, an owner shall be subject to fines for the activities listed below, to be paid into the Tree Fund, said fines to be set forth in rules and regulations issued by the Select Board.
Said activities are:
(1) Removal of a Protected Tree on an applicable site without prior written approval of commencement of work per Section 4.D, $300 per day of work. There shall also be a fine for each Protected Tree removed.
(2) Removal of a Protected Tree which is not identified for removal in the Tree Plan. There shall be a fine for each Protected Tree removed, $300.
(3) Failure to mitigate tree removal within the time set forth in Section 4.C of this By-Law. There shall be a fine of $300 for each day until mitigation is achieved.
B. Wherever there is reasonable cause to believe that an owner or their agent willfully violates this By-Law or an approved Tree Plan, the Town may institute a civil action for injunctive relief in a court of competent jurisdiction ordering appropriate parties to correct a condition in violation, or to cease an unlawful use of the property.
C. An owner aggrieved of the Tree Warden's determination of violation(s) may appeal such determination(s) to the Select Board at a public hearing.
Section 6. Administration
The Select Board shall establish further administrative rules and regulations for the review and approval of Tree Plans, as well as enforcement determinations necessary to effectuate the purposes of this bylaw, including, but not limited to further definitions, tree plan requirements, and procedures determinations. Failure to issue rules and regulations will not have the effect of suspending or invalidating this By-law.
Section 7. 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.
Section 8. Relationship to Other Laws
Nothing in this By-law shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Arlington By-laws or laws of the Commonwealth of Massachusetts.
ARTICLE 17
VACANT STOREFRONT MAINTENANCE REGISTRY
(ART. 6, STM – 10/19/16; ART. 11, STM – 5/02/18) (ART. 6, ATM - 04/24/24)
Section 1 Findings and Purposes.
The purposes of this bylaw are to protect the welfare and economic vitality of the residents of the Town of Arlington by protecting property values, maintaining neighborhood integrity and accessibility, safeguarding against economic property blight, protecting Town resources, and ensuring the safe and sanitary maintenance of commercial and industrial vacant properties.
Among other things, vacant commercial and industrial properties with frontage along one or more of the following streets, Massachusetts Avenue, Broadway, Lake Street, Medford Street, Mill Street, or Park Avenue, can degrade the vitality of Arlington's business districts, frustrate local planning and development efforts, create increased specific risks of fire damage, vandalism and unlawful entry or uses, and give rise to other public health and safety hazards. This bylaw is intended to promote the Town's public welfare and economic health by requiring all property owners to register and properly maintain vacant commercial and industrial properties.
Section 2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
"Building Inspector" - The Building Inspector of the Town of Arlington or the Inspector’s designee.
“Financial Hardship” – a showing of demonstrable undue economic hardship through presentation of evidence in such form as may be convincing and acceptable to applicable Town officials.
"Legally Occupied" - Occupied in accordance with the provisions of the Massachusetts Building Code.
"Owner" - A person or entity who, alone or severally with others:
A. Has legal or equitable title to any building or has care, charge or control of any building in any capacity including but not limited to agent, executor, executrix, administrator, adminstratrix, trustee, or guardian of the estate of the holder of legal title; or
B. Is a tenant with a legal right to possess an entire building; or
C. Is a mortgagee in possession of any building; or
D. Is an agent, trustee, receiver or other person appointed by the courts and vested with possession or control of a building; or
E. Is an officer or trustee of an association of unit owners of a condominium or cooperative which contains a vacant property.
"Planning Department" - The Department of Planning and Community Development.
"Planning Director" - The Director of Planning and Community Development for the Town of Arlington or the Director’s designee.
“Street Storefront” – Any nonresidential commercial or industrial real property ground floor units with frontage along one or more of the following streets, Massachusetts Avenue, Broadway, Lake Street, Medford Street, Mill Street, or Park Avenue.
"Vacant" - Any unoccupied non-residential commercial or industrial real property which:
A. Is not legally occupied, is abandoned, or is not used for a period of at least ninety (90) consecutive days or longer by occupants having custody or legal right of entry to such property; or
B. Which is intermittently occupied by persons with legal right of entry, but exhibits in the opinion of the Building Inspector dilapidated walls, roof, or doors which fail to prevent the entry of a trespasser for a period of more than seven (7 days).
Section 3. Registration.
A. Prior to, or not more than seven (7) days after a Street Storefront becomes Vacant, as defined herein, the owner(s) must register the vacancy with the Department of Planning and Community Development and the Building Inspector on forms agreed upon and provided by such departments. All registrations must state the owner's name, phone number, and mailing address as well as an emergency contact, if not the same. None of the required addresses shall be a post office box. This registration must state if the Street Storefront is Vacant at the time of filing. The registration shall also state the owner's efforts to regain occupancy. Once the Street Storefront is no longer Vacant, is sold or leased, or disposed of in another legal manner, the owner must provide proof of sale or written notice and proof of lawful occupancy to the Planning Department or Inspectional Service Department pursuant to the process outlined by such departments.
The Building Inspector will notify Police, Fire, Water and Sewer, and Health Departments of submitted registration of the Vacant Street Storefront as well as any re-occupancy of the same.
B. The Planning Director and the Building Inspector may jointly exempt a property owner from the provisions of this bylaw upon the presentation of evidence, in such form as may be convincing to them, that the failure to use or occupy a building for a period in excess of 90 days does not violate the purpose or intent of this bylaw.
Section 4. Annual Registration Fee, Failure to Pay, Waiver.
A. The annual registration fee is due at the time of registration of the Vacant Street Storefront. The Vacant Street Storefront owner will be invoiced on an annual basis until the Street Storefront is leased, sold, or disposed of in another legal manner. The annual registration fee shall be set by the Select Board pursuant to M.G.L c. 40, § 22F.
B. The annual registration fee covers the administrative cost of monitoring and ensuring the security and proper maintenance of such Vacant Street Storefront, as identified in said billing statement. Failure to pay the annual registration fee shall be a violation of this Bylaw, and the full fee shall be deemed an assessment resulting from a violation of this Bylaw. Such fee, and any fines issued for violations of this Bylaw, shall constitute a "municipal charges lien" on the property, to be collected in accordance with M.G.L. c. 40, §58.
C. A Vacant Street Storefront may apply for a waiver of the annual registration fee at the time of registration of a Vacant property and upon receipt of annual registration fee invoices each year thereafter, requesting waiver of some or the entire fee on grounds of demonstrable Financial Hardship, as defined herein for the term of a vacancy. Waivers requested on the basis of Financial Hardship are subject to a thirty (30) -day review period. If a waiver based on Financial Hardship is granted, it will be reevaluated on a quarterly basis until the Vacant Street Storefront is leased, sold, or disposed of in another legal manner. If a waiver of the registration fee based on Financial Hardship is denied, the registration fee is due within thirty (30) days of the decision.
Section 5. Maintenance Requirements.
A. The owner of a Vacant Street Storefront must maintain the same in accordance with all applicable local and state Sanitary Codes, Building Codes and Fire Codes, pertaining to the external/visible maintenance and major system maintenance of the Vacant Street Storefront.
B. The owner of a Vacant Street Storefront must promptly repair all broken windows, doors, other openings and any unsafe conditions at the same. Boarding up of open or broken windows and doors is prohibited except as a temporary measure allowed by Title V, Article Seven of these Bylaws, unless the Building Inspector determines that, due to vandalism or security reasons and due to circumstances out of the owner's control, the proper boarding of windows and doors is necessary for a determined period of time beyond such temporary measure. Boards or coverings must be fitted to the opening size and colored to blend with the existing color scheme of the entirety of the building.
C. The owner must maintain the Vacant Street Storefront for the duration of the vacancy or abandonment. The owner shall maintain the condition of the Vacant Street Storefront so as to appear not to be Vacant. Upon notice by the Building Inspector, any accumulated trash and/or graffiti shall be removed from the Vacant Street Storefront by the owner within seven (7) days. The Building Inspector and/or the Inspector’s designee will document violations. The owner of any Vacant Street Storefront for a period exceeding six (6) months, whose utilities have been shut off, shall have those utilities removed or cut and capped to prevent accidents.
D. The owner of a Vacant Street Storefront may include advertising materials in the same or displayed in its street-facing windows. Such advertising materials must be approved by the Planning Director.
E. Compliance with this Bylaw shall not relieve the owner of any obligations set forth in any other applicable bylaw, regulations, codes, covenant conditions or restrictions and/or association rules and regulations. In case of a conflict with these rules and regulations, the stricter of the rules and regulations shall apply.
Section 6. Inspections
The Building Inspector, Police Chief, Fire Chief and the Health Director, or their designees, shall have the authority to periodically inspect the exterior and interior of any building subject to this bylaw for compliance, as authorized under the terms of registration form filed with the Building Inspector and Planning Department. The Building Inspector shall have the discretionary authority to disconnect utilities immediately if a potential hazard that may be dangerous to life and limb is present.
Section 7. Violations and Penalties; Enforcement
A. Violations of any portions of this Bylaw shall be punishable by a fine of one hundred dollars ($100) per day in total. However, the Building Inspector and Planning Director may waive the fine in total or in part upon the abatement of the violation(s).
B. The Building Inspector or the Inspector’s designee shall enforce all provisions of this Bylaw and shall institute all necessary administrative or legal action to assure compliance. Any owner found to be in violation of this bylaw shall receive a written warning and a minimum of seven (7) days to remedy all violations prior to the institution of any enforcement action by the Inspector.
The Building Inspector, acting on behalf of the Town of Arlington, may also bring a civil action in a court of competent jurisdiction seeking equitable relief to enforce this bylaw. This bylaw may also be enforced through non-criminal disposition in accordance with the provisions of the Town bylaws.
Section 8. Unsafe Buildings
If the Building Inspector determines the building to be unsafe, the Inspector may act immediately in accordance with the Massachusetts State Building Code to protect public safety. Furthermore, nothing in this Bylaw shall abrogate the powers and/or duties of municipal officials to act pursuant to any general statutory authority including, without limitation, MGL c. 139, § 1 et seq. and MGL c. 143, § 6 et seq.
Section 9. Severability
If any provision of this Bylaw is held to be invalid by a court of competent jurisdiction, such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.
ARTICLE 18
SHORT TERM RENTALS
(ART.35, ATM – 05/01/19)
Section 1. Purpose
The purposes of this bylaw are to:
A. provide a process through which certain residential premises and rooms within residential premises not otherwise regulated and licensed as lodging houses or bed and breakfasts may be registered with the Town of Arlington for use as “short-term rentals”;
B. ensure relevant health and safety standards are met at short-term rentals; and
C. provide for orderly operation of short-term rentals within the Town’s residential neighborhoods and assess the community impacts of such rentals.
Section 2. Definitions
“Short Term Rental” – an owner-occupied, tenant-occupied or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where:
(i) at least 1 room or unit is rented to an occupant or sub-occupant; and
(ii) all accommodations are reserved in advance;
provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such.
“Operator” – a person operating a short-term rental including, but not limited to, the owner or proprietor of such premises, the lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such short-term rental.
Section 3. Applicability & Prohibitions
A. No residential premises may be used as a short-term rental except those in compliance with this bylaw.
B. The following residential housing units are ineligible from being used as short-term rentals:
1. Residential premises designated as affordable or otherwise income-restricted, which are subject to affordability covenants or are otherwise subject to housing or rental assistance under local, state, or federal programs or law;
2. Residential units that are the subject of 3 or more findings of violations of this section within a six-month period, or 3 or more violations of any town bylaw or regulation or state law or code relating to excessive noise, improper disposal of trash, disorderly conduct, or other similar conduct within a six-month period; and
3. Accessory Dwelling Units as defined by the Zoning Bylaw if permitted in Arlington;
Section 4. Registration, Certifications and Fees
A. Registration Process.
An Operator of a short-term rental shall register with the Office of the Select Board to be listed on the Short-Term Rental Registry, providing all information and certifications required by this bylaw and the Office of the Board, and the registration fee.
Registration shall be valid for a one-year term, from January 1 through December 31 of each year or for such alternative twelve-month period as determined by the Board.
B. Required Information
At a minimum, an Operator shall provide the following:
Operator name, address of each short-term rental unit or units, the number of bedrooms within each unit, Operator's relationship to the unit (i.e. owner, professional manager, tenant, etc.), whether a Residential Unit being offered is within an owner-occupied home, condo, apartment, or two or three family home, and an authorized local agent able to act on behalf of the Operator in their event of their absence.
C. The Operator shall also certify that the short-term rental complies with the all of the following:
1. The State Sanitary Code;
2. Food Safe certification (if serving meals);
3. The Arlington Health Code;
4. Fire and carbon monoxide alarm requirements;
5. Fire escape route requirements;
6. The Building Code, including holding a valid certificate of occupancy; and
7. The Arlington Zoning Bylaw
D. Fees
Units shall be annually recorded in the Short-Term Rental Registry for a fee of $25.00 per bedroom, per unit.
Section 5. Complaints, Enforcement, and Violations
A. Complaints
A complaint alleging that a short-term rental is in violation of this bylaw or any applicable law, code, or regulation may be filed with Select Board. The complaint must contain the Residential Unit's address, unit number, date and nature of alleged violation(s), and name and contact information of complainant.
B. Review of Complaint.
Within thirty (30) days after receipt of a complaint, the Select Board shall review the Complaint and refer it to the appropriate Town Department, official, Board, or Commission for findings. The Select Board shall not make a determination of a violation under any bylaw, regulation or law vested within another body or official’s jurisdiction, but may utilize such determinations as evidence of a violation of this bylaw.
Upon a finding of a potential violation, the Select Board, or its designee shall serve notice of the violation upon the Operator of the short-term rental at issue, if such unit is listed on the Short-Term Rental Registry, and upon the owner or resident agent or owner of record of the premises at issue, if such unit is not listed on the Short-Term Rental Registry.
C. Right to Hearing.
A person upon whom a notice of violation has been served under this bylaw may request a hearing from Select Board by filing a written petition requesting a hearing on the matter within fourteen (14) days of receipt of a notice of violation. The Board shall render a decision within a reasonable time after the close of hearing. Any direction to correct conditions at the short-term rental and fines assessed shall be stayed until the Board issues its decision.
D. Violations, Suspensions and Fines.
1. Any person who offers a residential premises or units as a short-term rentals, where such premises or unit is not an eligible Residential Unit, or offers otherwise eligible premises or units but has not complied with the registration requirements of this bylaw, shall be fined three hundred dollars ($300) per violation per day. Each day's failure to comply with a notice of violation or any other order shall constitute a separate violation.
2. Short-Term Rentals found to be in violation of this bylaw, or which are found to have any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, or stop work orders, or other requirements, laws or regulations that prohibit operation of the premises as a short-term rental, shall be suspended from the Short-Term Rental Registry and prohibited from operation until all violations have been cured or otherwise resolved.
Section 6. Room Occupancy Excise and Community Impact Fees
Short-term rentals subject to the provisions of this bylaw are subject to the Room Occupancy Excise under G.L. c. 64G and short-term rental community impact surcharge. Operators shall comply with the provisions of said statutes and are responsible for ensuring proper payment to the Commonwealth and the Town of Arlington.