Doing Business In Dartmouth: Permitting Guide

Doing Business In Dartmouth: Permitting Guide Town of Dartmouth, MA January, 2014 400 Slocum Road Dartmouth, MA 02747 508-910-1813

Town of Dartmouth Town Administrator David Cressman Director of Development Deborah Melino-Wender This Business Guide was completed with the assistance of Southeastern Regional Planning and Economic Development (SRPEDD) with funds provided by the Commonwealth of Massachusetts, MassDOT District Local Technical Assistance program. Technical support was provided by Southeastern Regional Planning and Economic Development District: Sandy Conaty, Deputy Director/Comprehensive Planning Manager Grant King, Principal Comprehensive Planner/Information Specialist December 2013 Doing Business in Dartmouth: Permitting Guide i

TOWN OF DARTMOUTH DOING BUSINESS IN DARTMOUTH: PERMITTING GUIDE TABLE OF CONTENTS Page Introduction 1 Getting Started 2 Permits Coordinator 3 Licensing and Permitting Steps 4 Permit Matrix 5 Permitting Processes 7 Building Permit 8 Interdepartmental Review 9 Subdivision Control 11 Approval Not Required 11 Preliminary Subdivision 13 Definitive Subdivision 15 Endorsement of Definitive Plan 15 Special Permit 19 Variance 23 The People: Departments and Boards 27 Meetings Calendar 28 Board of Appeals 29 Board of Health 32 Board of Selectmen 43 Conservation Commission 52 Department of Public Works 56 Fire Department 60 Planning Board 63 Soils Conservation Board 65 Related State and Federal Permits/Approval 67 Doing Business in Dartmouth: Permitting Guide ii

TOWN OF DARTMOUTH DOING BUSINESS IN DARTMOUTH: PERMITTING GUIDE INTRODUCTION Doing Business in Dartmouth: Permitting Guide is a professional, easy-to-read guide to zoning and development in Dartmouth. The purpose of this guide is to provide individuals who intend to develop in the Town of Dartmouth with a general overview of the local permitting process. The guide presents the various types of permits that may be required for a development project and identifies which Town department and boards should be contacted to submit a permit or ask for help. Please be aware that this guide is intended for use as a source of general guidance and does not carry the force of law. Also, this guide reviews the local permitting process; it does not describe permits that may be required by federal or state agencies. The guide is not intended to include an exhaustive list of all possible licensing and permitting situations when in doubt, please ask! We hope this guidebook is a valuable tool for anyone pursuing residential, commercial or industrial development. For detailed information, please contact the Director of Development. For contact information see page 4. What is not included? Required State and/or Federal environmental reviews. Disclaimer: The Town of Dartmouth s General Bylaws, Zoning Bylaws, and the Rules and Regulations Governing the Subdivision of Land within the Town of Dartmouth, as applicable, take precedence over any information contained within this guidebook in any conflict between them. Note that all personnel, board members and fees are subject to change. This permitting guide does not represent a legal document and should not be construed as such. Doing Business in Dartmouth: Permitting Guide Page 1

GETTING STARTED Often, the most difficult part of opening or expanding a new business is getting started. The Town of Dartmouth is committed to your success. We are here to help you get started and to assist you as you work through your licensing and permitting. We encourage you to ask as many questions as needed as you move forward. To do so, please contact the Director of Development, who is the Permit Coordinator for the Town of Dartmouth (see page 3), at 508-910-1883. To help get you started, here are a few specific things every person thinking of developing should consider: Zoning Consult the Town of Dartmouth Zoning Bylaws to make sure that your business/property meets the zoning requirements for the site. The Town s Zoning By-Laws can be found at: http://www.town.dartmouth.ma.us/pages/dartmouthma_clerk/zoningbylaws Additionally, you may need a special permit from the Board of Appeals. For more information, see pages 19 and 29. Building Permit - If you will be undertaking any construction, you most likely will require a building permit. For more information, see pages 8 and 46. Signage If you are thinking about operating a home business or a business in its own structure, and your business needs a sign, you will need to apply for a Sign Permit from the Building Department. Depending where your business is located, you may also need approval from one of the Town s review boards. This process can take up to 3 months, so inquire early to ensure that you can get your sign installed by your opening date. For more information, see page 46. Business Certificate Most business owners need a Business Certificate, or Doing Business As (DBA), from the Town Clerk. This certificate allows you to open a commercial bank account and helps prevent others from using your business name. This form can be found at: http://www.town.dartmouth.ma.us/pages/dartmouthma_clerk/clerkforms/2014newbusiness.pdf For more information, see page 4. Legal Structure Whether incorporating or forming a limited partnership, the MA Corporations Division requires an excise tax and filing fee. Sole proprietors do not require registration, but you should conduct a name check with the MA Secretary of the Commonwealth. For more information, see: http://www.sec.state.ma.us/cor/coridx.htm Federal Tax or Employer Identification Number (EIN) For tax purposes, you will need to define your business structure and obtain identification numbers from the Internal Revenue Service (IRS) for your business and staff. For more information, see: http://www.irs.gov/businesses/small-businesses-&-self-employed/employer-id-numbers-(eins)- State Taxes You must receive a Sales Tax Vendor Number from the Massachusetts Department of Revenue (DOT). This should be done after you have applied for your federal tax or EIN. For more information, see: https://wfb.dor.state.ma.us/webfile/business/public/webforms/registration/ta1/whoregister.aspx Doing Business in Dartmouth: Permitting Guide Page 2

PERMITS COORDINATOR The Permits Coordinator is the first point of contact when developing a project proposal or applying for a permit. This position acts as a single point of reference and contact for all development related permit information. Throughout the development, the Permits Coordinator acts as a liaison between an applicant and the Town permit-issuing authorities. The Coordinator helps applicants track where an application is in the process, as well as an anticipated decision timeline. Contact: Deborah Melino-Wender Director of Development Dartmouth Town Hall 400 Slocum Road Dartmouth, MA 02747 508-910-1883 dwender@town.dartmouth.ma.us Doing Business in Dartmouth: Permitting Guide Page 3

LICENSING AND PERMITTING STEPS Navigating the various regulations and requirements for the needed licenses and permits can be confusing and a bit overwhelming for new, or even the most experienced, business owner. To assist you in this process, we have compiled a list of basic permits and licenses issued by the Town Clerk and the Select Board Office. Step One: Basic Licensing When starting your Dartmouth business, you should first consider if you will need any certificates or licenses. Certificates and licenses are generally issued by the Town Clerk s Office and the Select Board Office. These include the following: TOWN CLERK S OFFICE: Raffle permits Doing Business As (DBA) certificates Forms can be found at the Town Clerk website: http://www.town.dartmouth.ma.us/pages/dartmouthma_clerk/clerkforms/ SELECT BOARD OFFICE: Common Victualler Juke Box Amusement Devices Taxi Driver Movie Theater Constables Arcade License Pool Table Motor Agent All Alcohol License Beer & Wine License Entertainment License One Day License Beer & Wine; All Alcohol Temporary Sign Permits Package Store License Beer & Wine; All Alcohol Innkeeper License Underground Fuel Tank Peddler License Forms can be found at the Select Board website: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/selectboard/lic Step Two: PERMIT MATRIX This matrix provides guidelines as to which department an applicant should consult with respect to a particular type of license or permit. These are permits generally required for industrial, commercial and mixed-use projects. Doing Business in Dartmouth: Permitting Guide Page 4

DARTMOUTH PERMIT MATRIX Town Clerk Select Board Board of Appeals Board of Health Building Dept. and Inspections Conservation Commission Planning Board Fire Districts Soil Conservation Board Public Works Dept. Alcoholic Beverages License x Appeals x Automobile Dealer/s License x Body Art x Building Permit x Business Certificate x Certificate of Compliance x Certificate of Occupancy x Common Victualler x Comprehensive Permit x x Demolition Permit x x Determination of Applicability x Earth Removal Permit x x Electrical Permit/Inspection x x Entertainment License x Fire Alarm Installation Commercial x Fire Suppression System/Sprinkler Installation x Food Establishment x Gas Permit x Off Street Parking Permit x x x Order of Conditions x Order of Resource Delineation x Percolation Test x x x Plumbing Permits/Inspection x Septic System Installation x x Sewage, Water, Drainage x x Sign Permit x Soil Removal x Special Permit x x x Subdivision Approval x x x x Trench Permit x x Underground Storage Tank x x Well Permits x Wiring Permit x Zoning Variance x Doing Business in Dartmouth: Permitting Guide Page 5

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PERMITTING PROCESSES This section contains a summary of permitting processes for the development of commercial-scale projects in the Town of Dartmouth. Doing Business in Dartmouth: Permitting Guide Page 7

BUILDING PERMIT PROCESS All construction and use related permits are issued through the Building Department. The permitting process starts with an application, followed by a review time, and then the issuance of the permit. Once the permit has been issued, inspections are done by various applicable inspectors. Once all inspections have been successfully completed, a Certificate of Completion or Occupancy can be issued. Additional Building Department information is available starting on page 46. BUILDING PERMIT APPLICATION PROCESS FLOW CHART STEP 1 Submit Building Permit Application STEP 2 Inspectional Services reviews application & issues Determination of Compliance or Denial (Within 30 days of the complete submission) STEP 3 If Building Permit is denied, applicant may either: 1) Seek Zoning Relief, or 2) Appeal Denial to BOA (Within 30 days of Denial) If Zoning Relief is sought and then granted: STEP 4 Resubmit Building Permit application: Repeat Steps 1 & 2 Doing Business in Dartmouth: Permitting Guide Page 8

INTERDEPARTMENTAL REVIEW The Town of Dartmouth s Interdepartmental Review Team (IRT) offers informal advice to developers/businesses as to whether the project is compliant with zoning and assists developers in understanding how to navigate the various approval processes that may be required. The purpose of the pre-application meeting is to discuss the development concept, potential issues and concerns, and to explain the permit process, requirements, timetables and a possible sequence of board approvals. The Town of Dartmouth s Interdepartmental Review Team (IRT) consists of the Town Administrator, the Director of DPW, the Director of Inspectional Services, the Director of Public Health, the Planning Director, the Environmental Affairs Coordinator, the Fire Chiefs, and the Director of Development. It is beneficial for an applicant to schedule a meeting with the IRT early in the process in order to identify potential issues and solutions prior to presentations/public hearings before the required boards. Full adherence to the Town s permitting requirements will prevent expensive project delays and reduce the risk of having to make costly plan revisions. In turn, Town officials will work closely with applicants to guide them through the development process to help achieve the successful completion of projects. This Team meets bi-weekly and will answer questions, highlight potential issues and explain what approvals may be required. Interdepartmental Review Team Process Step 1: Applicant requests meeting with IRT A potential applicant can contact the Director of Planning or the Director of Development to schedule a time to meet with the IRT. The Team generally meets twice a month on Tuesdays or Wednesdays at 9:00 AM. To schedule an appointment, the developer should contact the Planning Office at 508-910-1816 or the Development Office at 508-910- 1883. Step 2: Team Review of Plans The Team reviews the applicant s plans for general compliance with various regulations and may ask questions on potential project impacts. The Team discusses permitting processes, requirements, timetables and additional information, reports and/or studies that may be required for project review. Step 3: Applicant takes discussion items under consideration in project planning and application preparation. Applicant completes required applications with clearer understanding of the permitting processes and application requirements. Members of the IRT remain available collectively or individually to respond to questions. Step 4: Applicant submits completed application(s) per requirements of permitting review process. The applicant completes the necessary permit applications and submits them to the appropriate Board for review and action. Doing Business in Dartmouth: Permitting Guide Page 9

PRE-APPLICATION MEETING PROCESS: INTERDEPARTMENTAL REVIEW TEAM (IRT) FLOW CHART STEP 1 Applicant contacts Director of Planning or Director of Development to request a meeting with the IRT. STEP 2 IRT reviews project proposal for general compliance with regulations and discusses potential impacts. STEP 3 Applicant takes discussion items under consideration in project planning and application preparation. STEP 4 Submit application per requirements of the permitting process. Doing Business in Dartmouth: Permitting Guide Page 10

SUBDIVISION CONTROL The Planning Board reviews applications for the subdivision of land per M.G.L. Chapter 41, 81A 81GG. For Planning Board contact information see page 63. In order for Planning Staff to properly review and comment on information to be presented to the Planning Board, all such information shall be received in the Planning Office one week prior to the meeting at which it is to be presented to the Planning Board. Information which needs comment from other departments such as, but not limited to, the Department of Public Works, Board of Health, Building Department, Drainage Consultant, Conservation Commission, etc. must be received in the Planning Office four weeks prior to the meeting at which it is to be presented to the Planning Board. Some applications will require review and comment from these other departments. Required written comment reports from these other departments must be received in the Planning Office one week prior to the meeting at which it is to be presented to the Planning Board. A meeting will not be scheduled prior to the end of that comment period. Failure to meet these deadlines may result in a staff recommendation to delay Planning Board action on the information submitted. APPROVAL NOT REQUIRED (ANR) PLAN PROCESS Step 1: Petitioner Prepares and Files an Application for an Approval Not Required Under Subdivision Control (ANR or Form A ) to the Planning Board. The applicant submits to the Planning Department two (2) properly completed Form A applications, one original plan suitable for recording at the Bristol County (S.D.) Registry of Deeds, seven prints of the original, a filing fee of $100.00 plus $100.00 per buildable lot, and if an Estate Lot ANR or OSRD ANR, the appropriate covenant. Step 2: Planning Board Review of Application and Plan for Completeness. The Planning Department will review the application and plan to determine that all materials and information filed in STEP 1 are complete and appropriate (refer to Section 1.000 of the Subdivision Regulations). The application will be returned with a checklist indicating noncompliances if the application package is incomplete. Step 3: Planning Department Technical Review of the Plan The Planning Department will conduct a technical review of the plan and determine if it meets the frontage and access requirements of M.G.L., chapter 41, Section 81-L, Section 81-M, and Section 81-P as well as the zoning district(s) where the property is located. Step 4: Planning Board Action on the Plan The plan will be presented to the Planning Board at a regularly scheduled meeting and the Planning Board will take action on the plan. If the Board withholds endorsement, a letter detailing the reasons will be transmitted to the Town Clerk and the applicant within 21 days of the submittal date. Step 5: Applicant to Record the Approved Plan Once the Board has endorsed the plan, it is the applicant s responsibility to record it and any applicable covenants at the Bristol County (S.D.) Registry of Deeds within 6 months. Once the plan is recorded, the Director of Inspectional Services can issue building permits. For more information on this process, contact the Planning Department at 508-910-1816. Doing Business in Dartmouth: Permitting Guide Page 11

Town of Dartmouth Procedure for Approval Not Required (ANR) Plans (Consult M.G.L. Chapter 41, Section 81A 81GG and the Dartmouth Subdivision Regulations for complete and binding text.) Step 1 Application Filed With Planning Department Application Complete? No Return Application to the Applicant Step 2 Yes Staff Technical Review Step 3 Step 4 Qualifies for Endorsement? Yes No Plan Requires Approval under Subdivision Control Law from Planning Board or application review from the Zoning Board of Appeals Applicant Records the Plan at the Registry of Deeds Director of Insp. Services Can Issue Building Permit Step 5 Doing Business in Dartmouth: Permitting Guide Page 12

PRELIMINARY SUBDIVISION PLANS PROCESS A Step by Step Description Step 1: Petitioner requests Pre-Application Appointment. Prior to filing a formal application, the applicant requests a pre-application appointment with the Planning Department to discuss concepts and issues related to the proposal. Step 2: Petitioner submits Preliminary Subdivision Plan application. The applicant submits to the Planning Department two (2) completed copies of Form B (See Appendix A of the Subdivision Regulations), seven prints of the plans, and a filing fee of $500.00 plus $100.00 per buildable lot. The application package will be reviewed to determine if all information and materials are complete and appropriate (refer to Section 2.000 of the Subdivision Regulations). The application will be returned with a checklist indicating noncompliances if the application package is found to be incomplete. Step 3: Interdepartmental Technical Review of the Plan The necessary information from the application package submitted in STEP 2 will be distributed for an interdepartmental technical review for compliance and general comment on the proposal. Step 4: Planning Board Review of the Plan The results of the interdepartmental review will be evaluated by the Planning Department and presented to both the Planning Board and the applicant at a regularly scheduled meeting only. The applicant is strongly encouraged to attend this meeting to discuss any issues. The Planning Board will then take an action on the plan within 45 days of the submittal date, unless a time extension is received. Step 5: Planning Board files Certificate of Action The Planning Board s Certificate of Action will be filed with the Town Clerk. A copy will also be sent to the applicant. Step 6: Applicant Proceeds to Submit Definitive Subdivision Plan The applicant may then proceed to submit a Definitive Subdivision Plan under Section 3.000 of the Subdivision Regulations. NOTE: All applicants proposing non-residential subdivision plans must file a Preliminary Plan prior to proceeding with a Definitive Plan. A Preliminary Plan is also strongly recommended for residential plans, but is not required. For more information on this process, contact the Planning Department at 508-910-1816. Doing Business in Dartmouth: Permitting Guide Page 13

Town of Dartmouth Procedure for Preliminary Plans (Consult M.G.L. Chapter 41, Section 81A 81GG and the Dartmouth Subdivision Regulations for complete and binding text.) Step 1 Pre-Application Appointment with the Planning Department Application filed with Planning Dept. Step 2 Is the Application Complete? Yes No Return Application to the Applicant Step 3 Interdepartmental Technical Review (Planning Dept., Building Dept., DPW, Con. Com., Board of Health, Fire Chief, & Town s Drainage Consultant [optional]) Planning Dept. Evaluation and Professional Recommendation Step 4 Planning Board Action Step 5 Applicant Records the Plan at the Registry of Deeds Within 7 Months Submittal of a Definitive Plan in Accordance with the Planning Board s Certificate of Action Step 6 Refer to Definitive Plan Chart Doing Business in Dartmouth: Permitting Guide Page 14

DEFINITIVE SUBDIVISION PLANS PROCESS A Step by Step Description Step 1: Petitioner requests Pre-Application Appointment. Prior to filing a formal application, the applicant requests a pre-application appointment with the Planning Department to issues and concepts related to the proposal. It is strongly recommended that the applicant first submit a Preliminary Plan before submittal of a Definitive Plan (please see pages 13 and 14). Step 2: Petitioner submits Definitive Subdivision Plan application. The applicant makes a formal application to the Planning Department. This application package shall conform to Section 3.000 of the Subdivision Regulations. The application package will be checked in the Planning Department for compliance with the submittal requirements as set forth in Sections 3.100 and 3.200 of the Subdivision Regulations. If the plans do not comply with the submittal requirements, the entire application package will be returned to the applicant and will not be deemed submitted. Step 3: Interdepartmental Technical Review of the Plan The plans submitted in STEP 2 will be distributed to various Town departments and the Town s drainage consultant for an initial interdepartmental technical review. Only the plans submitted in STEP 2 will be reviewed; subsequent submissions will not be considered until after the initial public hearing. Concurrently, all legal abutters will be notified and a public hearing will be scheduled for a subsequent regularly scheduled meeting (usually three or four weeks out). The results of the technical reviews will be synthesized by the Planning Department and presented to the Planning Board at the public hearing. The Planning Board will then either take action or recommend changes to the plan at the public hearing. It is strongly recommended the applicant be present at the public hearing to participate in the discussion. The public hearing will then be closed, unless there is a need to continue the public hearing to accommodate additional information or for plan revisions. Step 4: Applicant makes Necessary Changes If needed, the applicant makes the necessary changes to the plans (and is encouraged to talk to the various departments to understand relevant issues) and then resubmits for a second and final technical review. When the revisions are received in the Planning Department, a submittal review similar to the one conducted in STEP 2 will be conducted for compliance with the Subdivision Regulations and the recommendations of the Planning Board. Step 5: Final Interdepartmental Technical Review Once received, the plans will be redistributed to the reviewing departments for a final interdepartmental technical review. The Planning Department will then conduct a final synthesis and recommendation to the Planning Board, which will be presented to both the applicant and the Planning Board at a subsequent regularly scheduled meeting. Based on all input received to that point, the Planning Board will then render a final decision on the plan within 135 days of plan submittal (90 days if a Preliminary Plan was acted on) unless a time extension is received. Step 6: Planning Board files Certificate of Action If the plan is approved, the Certificate of Action will be filed with the Town Clerk, with a copy also sent to the applicant. The applicant can then proceed to have the plans endorsed if no appeal is filed in the subsequent twenty (20) days (see flowchart regarding Definitive Plan Endorsement on page 16 for more information ). Should the plan be denied, a Certificate of Action will be filed with the Town Clerk, with a copy sent to the applicant. The applicant may then either discontinue subdivision efforts, or re-file a new application in accordance with Section 3.000 of the Subdivision Regulations. For more information on this process, contact the Planning Department at 508-910-1816. Doing Business in Dartmouth: Permitting Guide Page 15

Town of Dartmouth Procedure for Definitive Plans (Consult M.G.L. Chapter 41, Section 81A 81GG and the Dartmouth Subdivision Regulations for complete and binding text.) Step 1 Pre-Application Appointment with the Planning Department Application filed with Planning Dept. Application Complete No Return Application to the Applicant Step 2 Yes Public Hearing Notices Mailed to Abutters) Concurrent Interdepartmental Technical Review (Planning Dept., Building Dept., DPW, Con. Com., Board of Health, Fire Chief, & Town s Drainage Consultant (optional) Public Comment Planning Board Holds Public Hearing and makes its initial recommendations Planning Dept synthesis & professional Recommendation Step 3 Changes Required? Yes Revised Plans Submitted for Further Action No Step 4 Revised Package Complete? No Advise Applicant Interdepartmental Technical Review (See Step 3 Above) Planning Dept Synthesis and Final Professional Recommendation Step 5 Step 6 Planning Board Approval? Yes File approval with the Town Clerk & send copy to applicant If no appeal within 20 days, plan is endorsed. See flowchart page 18. No File denial with the Town Clerk & send copy to applicant Plans are discontinued or a new subdivision application is filed. Decision is appealed A decision may be appealed within 20 days of filing of Certificate of Action with the Town Clerk Doing Business in Dartmouth: Permitting Guide Page 16

ENDORSEMENT OF A DEFINITIVE PLAN PROCESS A Step by Step Description Step 1: The Planning Board approves the plans. The Planning Board approves a Definitive Plan of Subdivision and files a Certificate of Action with the Town Clerk. Step 2: The 20-day Appeal Period The twenty-day appeal period affords aggrieved parties the opportunity for due process in the court system. If the project is appealed, endorsement cannot take place until either the case is settled or the court orders the endorsement. Step 3: Applicant Submits Endorsement Package The applicant submits an endorsement package within six months of the Planning Board s approval of the plan. The Planning Department will check to ensure the endorsement application package is complete. If it is not, it will be returned to the applicant with a checklist of noncompliances. Once received, the Town Clerk will certify that no appeal has been taken, and the endorsement will be placed on the next available Planning Board agenda. Step 4: Planning Board Takes Action to Endorse Plans The Planning Board, by formal action, endorses the plan. Step 5: Distribution of Endorsement Package The Planning Department distributes copies of the plans to the necessary Town departments, and returns the original documents to the applicant. Step 6: Applicant Records Endorsement Package The applicant then has six months from the date of the Planning Board s endorsement to record the plans and all related legal documentation at the Bristol County (S.D.) Registry of Deeds. Fees are the applicant s responsibility. Once the plans and legal documents are recorded, the applicant provides the Planning Department with copies of each recorded document with the deed book and page number clearly shown. For more information on this process, contact the Planning Department at 508-910-1816. Doing Business in Dartmouth: Permitting Guide Page 17

Town of Dartmouth Procedure for Endorsement of a Definitive Plan (Consult M.G.L. Chapter 41, Section 81A 81GG and the Dartmouth Subdivision Regulations for complete and binding text.) Step 1 Planning Board approves a Definitive Subdivision Step 2 20 day appeal period Applicant Submits Endorsement Package (Original Plan, Seven Prints of Plans, 2 Performances Covenants, 2 Copies of all other applicable legal documents) Step 3 Application Complete Yes No Return Application to the Applicant Planning Board Takes Action to Endorse Plans Step 4 Distribution of Endorsement Package Interdepartmental Distribution (Planning, DPW, Assessor, Town Clerk, Building, Health, and Con Com) Step 5 One original set returned to the applicant (Plan, Performance Covenant, and Legal Documents) Applicant Records Entire Package at the Bristol County (S.D.) Registry of Deeds (Plan, Performance Covenant, all legal documents) Step 6 Applicant provides Planning Department with copies of recorded documents Doing Business in Dartmouth: Permitting Guide Page 18

SPECIAL PERMIT GRANTING PROCESS Certain uses, buildings and structures identified in the zoning by-law shall be allowed to be located, relocated, altered or substantially expanded in specified districts only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA). Special Permits shall only be issued for uses which are in harmony with the general purpose and intent of the zoning by-law and subject to its general or specific provisions; special permits and shall be issued only if specified conditions are met. The Board of Appeals is the primary Special Permit Granting Authority. However, the Planning Board, the Select Board and the Board of Appeals act as Special Permit Granting Authority under the following conditions. Planning Board: Select Board: The Planning Board is the Special Permit Granting Authority for Bed and Breakfast Establishments; Assisted Elderly Housing; Yacht and Beach Clubs; General for-profit Education; Golf Courses, Cemeteries; OSRD Subdivision; and Reduced Common Parking Agreements. The Select Board is the Special Permit Granting Authority for Residential and Commercial Wind Turbines (per Sections 33 and 34 of the Zoning By-Laws) and for the primary production of steam and/or electrical power (per Sections 14 and 15 of the Zoning By-Laws). Board of Appeals: The Board of Appeals is the Special Permit Granting Authority when a property owner wants to build in a manner that does not conform to the Bylaws and/or on a lot that does not conform to the Bylaws including, structures, lots, accessory building with kitchen or bathroom facilities, renting of rooms in a non-owner occupied building, projects in the aquifer protection district, off-site parking, telecommunications facilities, gasoline station or automotive service, kennel, adult uses, etc. General Description of Special Permit Granting Process Step 1: Petitioner Prepares and Files an Application for a Special Permit to the Special Permit Granting Authority (SPGA) The petitioner shall prepare and file an Application for a Special Permit with the Town Clerk on an application form and in such manner as the SPGA may specify in its Rules and Regulations. The Town Clerk shall certify the time of submittal. The application shall be submitted together with all required exhibits and site plans to the SPGA. Once filed with the SPGA, town staff determines if all necessary information is included. See the following for additional filing information: Dartmouth Planning Board Special Permit Rules & Procedures www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/planning/sprules.pdf Dartmouth Board of Appeals Application Instructions www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/applicationinst.pdf The SPGA may distribute the application to other Town Departments for their review and comment on the impacts of the proposed project. Each reviewer shall have 21 days to review the plans and forward any comments to the SPGA. Doing Business in Dartmouth: Permitting Guide Page 19

Step 2: SPGA Shall Hold a Public Hearing on the Application for Special Permit The SPGA shall hold a Public Hearing on the application within 65 days after official filing of an Application with the SPGA. Public Notice of a Public Hearing shall: 1) be advertised once a week for two successive weeks by the SPGA in a newspaper of general circulation. The first advertisement shall not be less than 14 days before the day of the scheduled hearing and 2) shall be posted in a conspicuous place in the Town Hall for at least 14 days before the date of the scheduled hearing Notice of Public Hearing will also be sent by mail by the SPGA to parties of interest, meaning the owner(s) of land (if different from the petitioner), abutters, owners directly opposite the street or way, and to abutters within 300 feet of the property line of the project (including all contiguously owned land). Step 3: SPGA Issues Decision on Special Permit The SPGA shall render a decision as to whether a Special Permit is to granted or denied and then must file it with the Town Clerk within 90 days after the public hearing, unless a time extension between the SPGA and the Applicant is mutually agreed upon. Failure of the SPGA to take final action within the 90 day period may be deemed a grant of the Special Permit. These time limits may be extended by written agreement between the SPGA and the petitioner. Planning Board as SPGA: A special permit that is issued by the Planning Board requires a favorable vote of at least 4 members of the 5 member board. If only 4 members are eligible to vote, a unanimous vote of eligible members is necessary. Select Board as SPGA: A special permit that is issued by the Planning Board requires a favorable vote of at least 4 members of the 5 member board. If only 4 members are eligible to vote, a unanimous vote of eligible members is necessary. Board of Appeals as SPGA: The unanimous vote of the 3 sitting Board members is required in granting special permits and extension requests. The SPGA has 14 calendar days to submit its written decision to the Town Clerk. The Town Clerk shall time-stamp the decision upon receipt, and this date is the official filing date for the decision. Notice of such decision shall be mailed by SPGA to the petitioner, and all parties of interest, and every person present at the hearing of the decision who requested that notice be sent to him or her. Such Notice of Decision shall specify that any appeals to the relevant court shall be filed with the Town Clerk within 20 days after the date of filing of the decision. Step 4: Appeal of the SPGA Decision Any person aggrieved by the decision of the Board of Appeals or other Special Permit Granting Authority may appeal to the Superior Court or Land Court as provided by Chapter 40A of the General Laws within twenty (20) days after such decision has been filed with the Town Clerk. Step 5: Town Clerk Certifies that No Appeal has been Filed and Special Permit Takes Effect The Town Clerk shall certify, once the 20-day appeal period has lapsed, that either no appeal has been filed or that, if an appeal is filed, it has been dismissed or denied by the relevant court. As a result of such certification, the grant of the Special Permit takes effect and is final. Step 6: Petitioner Files Decision at the Bristol County Registry of Deeds The applicant is responsible for filing the Town Clerk s certified copy of the decision in the Bristol County (S.D.) Registry of Deeds, and for paying any and all recording fees. Doing Business in Dartmouth: Permitting Guide Page 20

A copy of the recorded decision certified by the Bristol County (S.D.) Registry of Deeds is necessary before a building permit dependent on the SPGA s decision can be issued by the Director of Inspectional Services. If an application for a Special Permit is approved by the SPGA, all permits necessary for the prosecution of work shall be obtained and substantial use thereof shall be commenced, except for good cause, or construction commenced, except for good cause, within 2 years from the date of the filing of the SPGA s decision in the office of the Town Clerk, unless the SPGA otherwise provides for a lesser period of time in the decision. A reasonable extension of the time period described above shall be granted by the SPGA in the case of an appeal to the Superior Court under M.G.L., Chapter 40A, Section 17, or for other good cause shown. Doing Business in Dartmouth: Permitting Guide Page 21

Town of Dartmouth Procedure for Special Permit (Consult M.G.L. Chapter 40A, esp. Sections 9 & 17 for complete and binding text.) Step 1 An Application is filed with the Town Clerk and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed by the petitioner with the special permit granting authority (SPGA). Step 2 Step 3 Public Hearing is held within 65 days. SPGA issues decision within 90 days of the close of the public hearing. No Decision Issued The hearing is advertised in the newspaper, posted at Town Hall, and abutters are notified at least 14 days prior to the hearing. If SPGA fails to act within 90 days of close of the public hearing, applicant shall, within 14 days of 90-day expiration, notify Town Clerk of approval due to failure to act and that notice of this and ability to appeal has been sent to parties of interest. Step 4 The SPGA files decision with Town Clerk, mails decision to applicant abutters, & parties in interest within 14 days. A 20 day appeal period begins. If there is no appeal within 20 days or an appeal has been adjudicated, a decision is finalized. Step 5 Approval If there is no appeal within 20 days or an appeal has been settled, Town Clerk issues a certificate of approval to applicant. Denial Reapplication after denial may be possible if there is a substantial change in the application, or a period of 2 years has elapsed, the applicant can reapply. Step 6 Applicant must file a certified copy of the decision with the Registry of Deeds before the Special Permit becomes effective. Permit expires within 2 years of date of grant if not exercised. Doing Business in Dartmouth: Permitting Guide Page 22

VARIANCE GRANTING PROCESS Purpose The Board of Appeals (BOA) hears and acts upon petitions for variances under the Zoning Bylaw for land or structures that do not meet the requirements of Dartmouth s Zoning Bylaws. A dimensional variance applies to zoning requirements such as lot area, lot frontage, open space, building height and property line setbacks. Additional information about the Board of Appeals may be found starting on page 26. Grounds for Approval In order to grant a variance, the Board of Appeals must make all three of the following findings: 1) A literal enforcement of the Zoning Bylaws would involve a substantial hardship, financial or otherwise, to the petitioner or appellant; 2) The hardship is owing to circumstances relating to the soil conditions, shape, or topography of such land or structures, but not affecting generally the zoning district in which it is located; 3) Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Dartmouth s Zoning Bylaws. General Description of the Variance Granting Process Step 1: Petitioner Prepares and Files an Application for a Zoning Variance and submits the application to the Town Clerk. The petitioner shall prepare and file an Application for a Zoning Variance with the Town Clerk on an application form and in such manner as the Board of Appeals (BOA) may specify in its Rules and Regulations. The Town Clerk shall certify the time of submittal. The application shall be submitted together with all required exhibits and site plans to the BOA. Once filed with the BOA, town staff determines if all necessary information is included. See the following for additional filing information: The variance application may be found on the BOA website at: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/variancechangeofusevariance.pdf Application instructions may be accessed at: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/applicationinstructionsandfeeschedule.pdf Step 2: BOA Shall Hold a Public Hearing on the Application for a Zoning Variance The BOA shall hold a Public Hearing on the application within 65 days after official filing of an Application with the BOA. Public Notice of a Public Hearing shall: (1) be advertised once a week for two successive weeks by the BOA in a newspaper of general circulation. The first advertisement shall not be less than 14 days before the day of the scheduled hearing and (2) shall be posted in a conspicuous place in the Town Hall for at least 14 days before the date of the scheduled hearing Notice of Public Hearing will also be sent by mail by the BOA to parties of interest, meaning the owner(s) of land (if different from the petitioner), abutters, owners directly opposite the street or way, and to abutters within 300 feet of the property line of the project (including all contiguously owned land). Doing Business in Dartmouth: Permitting Guide Page 23

Step 3: SPGA Issues Decision on Zoning Variance The BOA shall render a decision as to whether a Variance is to granted or denied and must file this decision with the Town Clerk within 100 days of the date of application submittal, unless a time extension between the BOA and the Applicant is mutually agreed upon. Failure of the BOA to take final action within the 100-day period may be deemed a grant of the Variance. These time limits may be extended by written agreement between the BOA and the petitioner. If the BOA fails to file a decision within 100 days of the date of submittal, the applicant shall, within 14 days of the 100 day expiration, notify the Town Clerk of approval due to failure to act and that notice of this and the ability to appeal has been sent to parties of interest. Notice of such decision shall be mailed by BOA to the petitioner, all parties of interest, and every person present at the hearing of the decision who requested that notice be sent to him or her. Such Notice of Decision shall specify that any appeals to the relevant court shall be filed with the Town Clerk within 20 days after the date of filing of the decision. Step 4: Appeal of the Variance Decision and Town Clerk Certification Any person aggrieved by the decision of the Board of Appeals may appeal to the Superior Court or Land Court as provided by Chapter 40A of the General Laws within twenty (20) days after such decision has been filed with the Town Clerk. The Town Clerk shall certify, once the 20-day appeal period has lapsed, that either no appeal has been filed or that, if an appeal is filed, it has been dismissed or denied by the relevant court. As a result of such certification, the grant of the Variance takes effect and is final. Step 5: Applicant Files Decision at the Bristol County Registry of Deeds The applicant is responsible for filing the Town Clerk s certified copy of the decision in the Bristol County (S.D.) Registry of Deeds, and for paying any and all recording fees. A copy of the recorded decision certified by the Bristol County (S.D.) Registry of Deeds is necessary before a building permit dependent on the BOA s decision can be issued by the Director of Inspectional Services. If an application for a Variance is approved by the BOA, all permits necessary for the prosecution of work shall be obtained and substantial use thereof shall be commenced, except for good cause, or construction commenced, except for good cause, within 1 year from the date of the filing of the BOA s decision in the office of the Town Clerk, unless the BOA otherwise provides for a lesser period of time in the decision. A reasonable extension of the time period described above shall be granted by the BOA in the case of an appeal to the Superior Court under M.G.L., Chapter 40A, Section 17, or for other good cause shown. Town of Dartmouth Doing Business in Dartmouth: Permitting Guide Page 24

Procedure for Zoning By-law Variance (Consult M.G.L. Chapter 40A, esp. Sections 10, 15 & 17 for complete and binding text.) An application for a variance is filed with the Town Clerk, who certifies the application, including the date and time Step 1 Petitioner delivers a certified application to the Board of Appeals Step 2 Public Hearing is held within 65 days. The hearing is advertised in the newspaper, posted at Town Hall, and abutters are notified at least 14 days prior to the hearing. Step 3 Board of Appeals issues decision within 100 days of the date of submittal. No Decision If BOA fails to act within 100 days, applicant shall, within 14 days of 100 day expiration, notify Town Clerk of approval due to failure to act and that notice of this and ability to appeal has been sent to parties of interest. A 20 day appeal period begins. If there is no appeal within 20 days or an appeal has been adjudicated, a decision is finalized. Yes If there is no appeal within 20 days or an appeal has been settled, Town Clerk issues a certificate of approval to applicant. No If variance is denied, a favorable decision on same application cannot be reached for 2 years. Step 4 Step 5 Applicant must file a certified copy of the decision with the Registry of Deeds before the Variance becomes effective. Rights granted by the variance expire in 1 year if not exercised. Doing Business in Dartmouth: Permitting Guide Page 25

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THE PEOPLE: DEPARTMENTS AND BOARDS The following pages contain information regarding the boards and departments that an applicant may be required to work with during the commercial land use permitting process. Any questions or concerns should first be directed to the Director of Development. Doing Business in Dartmouth: Permitting Guide Page 27

MEETINGS CALENDAR The meeting schedule for Dartmouth s various permitting boards will vary depending upon the actual caseload. The Boards will generally meet on the following days of the week. Please check the meeting calendar on the Town s website for actual dates: http://www.town.dartmouth.ma.us/pages/dartmouthma_meetingscal/ Board of Selectmen: Monday at 6:30 PM; Town Hall, Third Floor, Room 304 Board of Appeals: Tuesday at 7:00 PM, Town Hall, Third Floor Room 304 Board of Health: Tuesday or Thursday; Town Hall; Third Floor; Room 315 Conservation Commission: Tuesday at 7:00 PM; Town Hall, First Floor; Room 103 Planning Board: Monday at 7:00 PM; Town Hall; Third Floor Room 315 Board of Public Works: Thursday at 7:30 AM; DPW Administration Building Doing Business in Dartmouth: Permitting Guide Page 28

BOARD OF APPEALS The Board of Appeals consists of three (3) regular members and three (3) alternate members, all appointed by the Board of Selectmen. The BOA also employs a Principal Clerk to record minutes and other administrative duties. Contact: Tina Cabral Email: tcabral@town.dartmouth.ma.us Address: Town Hall, Room 318, 400 Slocum Road Dartmouth, MA 02747 Phone: 508-910-1868 Fax: 508-910-1898 Website: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/index Office Hours: Meeting Schedule: Members: Staff: Permits Issued: Monday Friday: 8:30 AM 4:30 PM Tuesday 7:00 PM; Town Hall, Third Floor; Room 305 Jacqueline Figueiredo, Chairman Halim A. Choubah, Clerk Robert Gardner, Jr. David D. Dore, Alternate Kevin A. Melo, Alternate Jay Peabody, Esq. Alternate Tina Cabral Special Permits Variances Comprehensive Permits Administrative Appeals Process for Obtaining Permits: Time Frame for Public Hearing: Time Frame for Decisions: Application packet at the Zoning Board of Appeals Office The Board of Appeals shall hold a hearing on any administrative appeal within 30 days from the date of the order or decision which is being appealed. Appeal or Variance: The decision of the Board shall be made within 100 days after the date of filing of an appeal, application or petition. Special Permits: The decision of the Board shall be made within 90 days following the date of the public hearing. Doing Business in Dartmouth: Permitting Guide Page 29

Appeal Process: Appeals shall be made pursuant to M.G.L. 40A, 17 and shall be filed within 20 days after the date of filing of notice of the decision in the office of the Town Clerk. Applicable Local, State and M.G.L. Ch. 40A, Ch. 40B; 760 CMR 56.00 Federal Statutes: Dartmouth Zoning By-Laws Purpose: The Board of Appeals has the following statutory powers: 1) To hear and decide administrative appeals in accordance with MGL 40A, 8; 2) To hear and decide applications for special permits for which the Zoning Board of Appeals is the Special Permit Granting Authority; 3) To hear and decide petitions for variances in accordance with MGL 40A, 10. To vary from the terms of the applicable zoning ordinance or by-law, the Board must specifically find circumstances relating to soil conditions, shape, or topography of the land or structure that would involve substantial hardship, financial or otherwise, to the petitioner or appellant; 4) To amend previously approved Board decisions. A hearing before the BOA may be scheduled by completing the petition application form, available from the Principal Clerk for the BOA. Applicants must pay three (3) fees: 1) an advertising fee; 2) a postage fee; and, 3) an application fee to the Town of Dartmouth. The fee schedule is available at the BOA website: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/feeschedule.pdf Petitioners are strongly advised to complete all forms, submit all plans (engineered plans preferred and often required) and meet with various Town offices before paying the BOA application fees. The BOA has the right to deny petitions that are incomplete, insufficient or lack critical components. Application information and instructions may be found on the BOA website: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/appeals/applicationinstructionsandfeeschedule.pdf Doing Business in Dartmouth: Permitting Guide Page 30

Board of Appeals Fees FEE SCHEDULE As of July 1, 2012 Advertising Fee - Cost based on advertising rates Check made payable to: SOUTHCOAST MEDIA GROUP Postage Fee Cost based on the number of parties in interest Check made payable to: TOWN OF DARTMOUTH Application Fee Check made payable to: TOWN OF DARTMOUTH Relief Residential Commercial Special Permit $360.00 $760.00 Variance/ $360.00 $760.00 Change of Use Variance Amendment $360.00 $760.00 Administrative Appeal $510.00 $510.00 Six-Month Extension $110.00 $110.00 Comprehensive Permit $360 + $60 per unit $760 + $60 per unit Substantial Modification to the Comprehensive Permit $360 + $60 per unit $760 + $60 per unit Special Permit (non-conforming uses, structures, lots, accessory building with kitchen or bathroom facilities, renting of rooms in a non-owner occupied dwelling, projects in the aquifer protection district, off-site parking, telecommunications facilities, gasoline station or automotive service, kennel, adult uses, etc.) Variance (lot area, lot coverage, frontage, setbacks or other dimensional requirements, etc.) Change of Use Variance (residential use in the general business district, for example) Amendment (amend an existing decision, modify a restriction, change a plan of record, etc.) Administrative Appeal (appealing an order or decision of an administrative official, inability to obtain enforcement action, inability to obtain a building permit) Six-Month Extension (extend the timeline of the rights authorized by an existing decision) Doing Business in Dartmouth: Permitting Guide Page 31

BOARD OF HEALTH The Board of Health administers and co-ordinates public health programs and services, enforces State and Local Public Health Regulations and Sanitary Codes, including local regulations promulgated by the Dartmouth Board of Health. The Dartmouth Board of Health's mission is to foster a healthy community by working to protect the community from environmental hazards, to prevent the spread of disease and to assure safe water, a safe and healthy food supply, clean air and acceptable housing. The Board of Health strives to promote and educate for healthy behaviors and to develop and implement reasonable regulatory guidance to assure these goals. As a statutory agency, the Board of Health promulgates rules and regulations which serve as a guide in its administration of the law. The regulations provide for the issuance of permits and licenses, the establishment of reasonable standards and requirements, and they set out enforcement and penalty mechanisms. Some specific activities that the Board oversees include: subsurface sewage disposal system permitting and inspections, food establishment inspections and complaints, Chapter II housing inspections and complaints, beach water quality testing at all public and semi-public beaches, public swimming pools and waste haulers. Contact: Wendy Henderson, Director of Public Health Email: whenderson@town.dartmouth.ma.us Donna Farias, Principal Clerk Email: dfarias@town.dartmouth.ma.us Stephaney Santiago, Administrative Clerk Email: ssantiago@town.dartmouth.ma.us Address: Town Hall, Room 119, 400 Slocum Road Dartmouth, MA 02747 Phone: 508-910-1804 Fax: 508-910-1893 Email: Website: Office Hours: whenderson@town.dartmouth.ma.us http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/health/index Monday Friday: 8:30 AM 4:30 PM Meeting Schedule: Wednesday; 6:00 PM; Town Hall Room 315 Members: Thomas W. Hardman, Chairman Leslie E.J. McKinley, Vice Chairperson Lynne Brodeur, Member Permits Issued: Animal Permits, Beach Permits, Body Art Permits, Burial Permits, Camp Permits, Demolition Permits, Farmer s Market Permits, Food Service Permits, Funeral Director Permits, Installers Permits, Motels and Cabins Permits, Outdoor Hydronic Heaters Permits, Percolation Tests, Septic Designs, Title V Inspections, Swimming Pools and Spas Permits, Tanning Salons, Waste Transporting Permits, Well Permits Doing Business in Dartmouth: Permitting Guide Page 32

Process for Obtaining Septic Only Permits: Submit five (5) sets of proposed plans along with application and fee. Applications for all licenses and permits noted may be obtained at the Board of Health Office. Time Frame for Public Hearing: Time Frame for Decisions: Appeal Process: Not Required Average 10 business days; 45 days maximum For septic issues, an appeal is made to DEP; for all others an appeal is made to Superior Court Fee Schedule: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/health/files/septicplanfee.pdf and on page 42 Applicable Local, State and Federal Statutes: Title V, 310 CMR 15.00, Board of Health MGL c.111. Regulations, 105 CMR 400 & 410 (Housing code), 310 CMR 15 & 11 (environmental code), MGL 111 S31 (ability to create any regulations needed to protect ),310 CMR 16 & 19 & 22 (water quality), 310 CMR 7.10 (Air quality including noise), 105 CMR 590 (FOOD CODE) Doing Business in Dartmouth: Permitting Guide Page 33

Board of Health Frequently Asked Questions Do you need a permit to have farm animals? Yes, if you have less than 5 acres of contiguous property. If I'm selling my house do I need to have a Title V inspection? Yes, if you have a septic system that is more than 2 years old at the time of sale. If a new septic system is pumped within the third year it will not have to be inspected during that third year. Who do I call to do a Title V inspection? DEP maintains a list of currently permitted Title 5 System Inspectors or check the local phone book. Do you recommend anyone to pump septic systems? A list of septic pumpers can be found at: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/health/septichaulers.onlineforms.pdf, or check the local phone book. Do you know where my septic system is? The Board of Health may have some plans on file if your septic system was constructed after 1957. How do I know the quality of my well water? The Board of Health has arranged for well water analysis discounts to residents. Sample bottles and collection instructions can be obtained at the Board of Health and samples can be delivered to the Board of Health on Tuesday mornings, along with payment for the sample parameters desired. I would like to open a restaurant or have a food truck what do I need to get a permit from the BOH? There is a permit application that can be found at: http://www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/health/files/foodservicereview.pdf. The application guidance explains the other documentation that must accompany the application, including plans. Why do I need to upgrade my septic system, it works just fine? If a system does not meet the passing criteria it is either an environmental or public health concern for the potential of contamination of water or disease transmission. How long does it take to get a septic plan approved? Generally 3-5 weeks, depending on the current work load in the office. Where can I get my immunization records? From your doctor, or whoever administered the immunizations. We recommend you keep your own records as well. When Physicians offices go out of business their records are difficult to locate. Do you give immunizations? The Board of Health holds flu clinics in the fall subject to vaccine availability. Clinics are all listed on the Town Website on the Board of Health web site. I need my yard sprayed for mosquitoes, who do I call? Bristol County mosquito control or see their web site at: www.bristolcountymosquitocontrol.com. Doing Business in Dartmouth: Permitting Guide Page 34

What do I need to do to demolish my old garage? Residential structures built prior to 1980 that have a footprint of 600 square feet or more will need to be inspected by a private asbestos inspector for the presence of asbestos-containing building materials. Asbestos-containing building materials are encountered in products ranging from roofing materials to boiler and pipe insulation, thereby, unless laboratory testing indicates otherwise, any building component that is not stone, cement, glass, metal or wood is considered to be an asbestos containing. Strict regulations exist governing the removal, transportation and disposal of asbestos wastes, contact the Board of Health for additional information. Additional information can be found at: http://town.dartmouth.ma.us/pages/dartmouthma_bcomm/health/files/demoapp.pdf I want to put an addition onto my home what do I need from BOH? You should make an appointment to meet with a Health Agent to discuss the proposed addition, its proximity to your septic system, the proposed building footprint and room layout. With this information the Health Agent can give guidance as to the requirements for septic system evaluation and/or upgrade. Doing Business in Dartmouth: Permitting Guide Page 35

DARTMOUTH BOARD OF HEALTH SEPTIC SYSTEM UPGRADE GUIDANCE FOR THE REPAIR OR UPGRADE OF FAILED OR SUBSTANDARD SEPTIC SYSTEMS. SEPTIC SYSTEM MUST BE UPGRADED TO THE MAXIMUM FEASIBLE COMPLIANCE POSSIBLE, GIVEN THE SITUATION THAT EXISTS. IN A REPAIR SITUATION, THE BEST SYSTEM THAT CAN BE REASONABLY ACCOMMODATED ON THE LOT IS GENERALLY ACCEPTABLE. IF THE SEPTIC SYSTEM IS OVERFLOWING OR BACKING UP INTO THE DWELLING, THE OWNER IS RESPONSIBLE TO KEEP THE SYSTEM PUMPED AS OFTEN AS NECESSARY UNTIL THE SYSTEM IS REPAIRED. EVERY ATTEMPT IS MADE TO EXPEDITE THE REPAIR/UPGRADE PROCESS IN REPAIR SITUATIONS. 1) CONSERVATION COMMISSION A-1 SITE INSPECTION REQUIRED TO VERIFY THE WETLAND LIMITS ON THE SITE AND IN THE AREA OF THE PROPOSED SEPTIC SYSTEM UPGRADE. 2) CONTACT AN ENGINEER/CERTIFIED SOIL EVALUATOR. ANY REGISTERED SANITARIAN OR CIVIL OR ENVIRONMENTAL ENGINEER WHO IS A CERTIFIED SOIL EVALUATOR MAY CONDUCT THE SOIL TESTING, AND PREPARE THE DESIGN PLAN. 3) UPON COMPLETION OF CONSERVATION COMMISSION S A-1 SITE VISIT THE ENGINEER WILL SCHEDULE AN APPOINTMENT WITH THE BOARD OF HEALTH TO CONDUCT A SOIL EVALUATION AND/OR PERCOLATION TEST ($240.00 - $300.00 FEE) AND TRENCH PERMIT ($25.00) 4) ENGINEER WILL CONDUCT THE SOIL TESTING WITH A BOARD OF HEALTH INSPECTOR WITNESSING. THIS WILL REQUIRE A BACKHOE OR EXCAVATING EQUIPMENT. 5) ENGINEER PREPARES PLANS FOR THE REPAIR SYSTEM AND SUBMITS THEM TO THE BOARD OF HEALTH FOR REVIEW AND APPROVAL. a) NOTICE OF INTENT OR REQUEST FOR DETERMINATION IS SUBMITTED TO CONSERVATION COMMISSION IF REQUIRED b) FIVE (5) COPIES OF ENGINEERED SEPTIC DESIGN PLAN, APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT WITH SEPTIC DESIGN SUBMITTAL FORM AND APPROPRIATE FEE c) REVIEW OF PLANS BY BOARD OF HEALTH INSPECTOR TAKES APPROXIMATELY 3 TO 6 WEEKS d) CONDITIONS OF APPROVAL MUST BE SATISFIED 6) PERMIT FOR CONSTRUCTION OF SYSTEM UPGRADE IS ISSUED TO INSTALLER. 7) LICENSED SEPTIC SYSTEM INSTALLER CONSTRUCTS SYSTEM; BOARD OF HEALTH INSPECTOR CONDUCTS A MINIMUM OF TWO (2) INSPECTIONS: a) FIRST INSPECTION ( BOTTOM OF HOLE OR EXCAVATION INSPECTION ) MINIMUM 24 HOUR ADVANCE NOTICE b) FINAL INSPECTION (ONCE SYSTEM COMPONENTS ARE ALL INSTALLED & PRIOR TO BACKFILLING) MINIMUM 24 HOUR ADVANCE NOTICE 8) OLD SYSTEM IS PUMPED AND FILLED WITH APPROVED CLEAN FILL (IN SOME CASES CERTAIN OLD COMPONENTS MAY BE REUSED). 9) ENGINEER MUST SUBMIT TWO (2) ORIGINAL "AS-BUILT" PLANS INCLUDING CERTIFICATION STATEMENT DOCUMENTING THE EXACT LOCATION AND ELEVATION OF ALL COMPONENTS AS THEY WERE INSTALLED. 10) SYSTEM INSTALLER MUST SIGN CERTIFICATION STATEMENT AND SUBMIT TO THE BOARD OF HEALTH. 11) CERTIFICATE OF COMPLIANCE ISSUED AFTER REVIEW OF AS-BUILT AND SUBMITTAL OF INSTALLER S CERTIFICATION. THIS CERTIFICATE IS VALID FOR TWO YEARS. (VALID THREE YEARS IF THE SYSTEM IS PUMPED ONCE BETWEEN 24 & 36 MONTHS AFTER COMPLETION.) Doing Business in Dartmouth: Permitting Guide Page 36

DARTMOUTH BOARD OF HEALTH FLOW CHART FOR NEW CONSTRUCTION With private septic systems 1) CONSERVATION COMMISSION A-1 SITE VISIT IS REQUIRED TO VERIFY WETLANDS, IF ANY. 2) COMPLETED PERC APPLICATION, VALID A-1, TRENCH PERMIT APPLICATION AND PAYMENT SUBMITTED TO BOARD OF HEALTH $300. PERC TESTS AND SOIL EVALUATION (UP TO 3 HOURS FOR 4 TEST PITS) $ 90. FOR EACH ADDITIONAL HOUR OR FRACTION THEREOF $240. PER LOT FOR SOIL EVALUATIONS $ 25. TRENCH PERMIT APPLICATION ENGINEER SCHEDULES APPOINTMENT FOR PERC TEST WITH THE BOARD OF HEALTH OFFICE 3) APPLICANT SUBMITS FIVE (5) COPIES OF ENGINEERED SEPTIC DESIGN PLAN, APPLICATION FOR DISPOSAL SYSTEM CONSTRUCTION PERMIT WITH SEPTIC DESIGN SUBMITTAL FORM AND APPROPRIATE FEE. ALSO, a) NOTICE OF INTENT OR REQUEST FOR DETERMINATION IS SUBMITTED TO THE CONSERVATION COMMISSION (IF REQUIRED) b) ONE (1) COPY OF PLAN IS SUBMITTED TO BUILDING DEPARTMENT FOR ZONING & SETBACK APPROVAL 4) REVIEW OF PLANS BY HEALTH INSPECTOR; APPROXIMATE REVIEW TIME IS 3 TO 6 WEEKS. 5) PLANS ARE REVIEWED BY BOARD OF HEALTH (BI-WEEKLY MEETING) a) BOARD APPROVES OR DISAPPROVES PLAN IF APPROVED SEWAGE DISPOSAL CONSTRUCTION PERMIT GRANTED PERMIT IS VALID FOR THREE (3) YEARS B) BOARD GRANTS OR DENIES VARIANCES (WHEN APPLICABLE PUBLIC HEARING REQUIRED) 6) WELL LOCATION IS STAKED BY ENGINEER a) LOTS SERVED BY TOWN WATER; SKIP TO #11 7) ENGINEER NOTIFIES BOARD OF HEALTH OFFICE OF WELL STAKE a) BOARD OF HEALTH INSPECTOR VERIFIES WELL LOCATION AND SIGNS WELL PERMIT b) 8) WELL PERMIT OBTAINED BY LICENSED WELL DRILLER AT BOARD OF HEALTH OFFICE 9) WELL IS DRILLED AND A WATER SAMPLE IS COLLECTED BY A MASSACHUSETTS CERTIFIED LABORATORY FOR ANALYSIS a) LAB REPRESENTATIVE MUST COLLECT SAMPLE FROM WELL 10) HOMEBUILDER SUBMITS ORIGINAL COPY OF LABORATORY WELL WATER ANALYSIS (SIGNED BY LAB DIRECTOR), WELL COMPLETION REPORT TO THE BOARD OF HEALTH - FACSIMILES NOT ACCEPTED 11) APPROVED SEPTIC PLANS WITH ACCEPTABLE WELL RESULTS OR WATER CARDS ARE RELEASED TO THE APPLICANT OR INSTALLER a) INSTALLER MUST COME INTO THE BOARD OF HEALTH OFFICE TO SIGN DISPOSAL SYSTEM CONSTRUCTION PERMIT b) TRENCH PERMIT APPLICATION MUST BE COMPLETED AND SUBMITTED WITH FEE c) BOARD OF HEALTH ISSUES DISPOSAL SYSTEM CONSTRUCTION PERMIT 12) APPLICANT SUBMITS APPROVED SEPTIC SYSTEM PLAN TO THE BUILDING DEPARTMENT TO OBTAIN A BUILDING PERMIT 13) AS SEPTIC SYSTEM IS INSTALLED BY LICENSED INSTALLER, THE BOARD OF HEALTH INSPECTOR CONDUCTS A MINIMUM OF TWO (2) INSPECTIONS: a) INSTALLER MUST WORK FROM STAMPED, APPROVED PLANS b) INSTALLER REQUESTS FIRST INSPECTION ( BOTTOM OF HOLE OR EXCAVATION INSPECTION ) MINIMUM 24 HOUR ADVANCE NOTICE c) INSTALLER REQUESTS FINAL INSPECTION (ONCE SYSTEM COMPONENTS ARE ALL INSTALLED & PRIOR TO BACKFILLING) MINIMUM 24-HOUR ADVANCE NOTICE 14) Two (2) original septic system AS-BUILT plans including CERTIFICATION STATEMENT must be submitted to Board of Health for review. 15) INSTALLER S CERTIFICATION STATEMENT SUBMITTED TO THE BOARD OF HEALTH BY INSTALLER WITHIN THIRTY (30) DAYS OF COMPLETION. 16) FAILURE TO SUBMIT AS-BUILT OR INSTALLER S CERTIFICATION IN A TIMELY MANNER WILL RESULT IN A DELAY OF SIGNING OFF ON THE OCCUPANCY PERMIT. 17) PLANS ARE FINALIZED BY THE BOARD OF HEALTH. CERTIFICATE OF COMPLIANCE IS ISSUED AND BOARD OF HEALTH WILL SIGN OFF ON OCCUPANCY PERMIT a) HOMEBUILDER BRINGS SIGN-OFF CARD TO BOARD OF HEALTH OFFICE FOR SIGNATURE. REVISED 3/09 b) Doing Business in Dartmouth: Permitting Guide Page 37

Town of Dartmouth Board of Health 400 Slocum Road P.O. Box 79399 Wendy W. Henderson, R.S. Director Telephone: 508-910-1804 Fax Telephone: 508-910-1893 DEMOLITION REQUIREMENTS A Board of Health representative must inspect both the interior and exterior of a structure to be demolished. There is a minimal fee for the demolition permit. Please notify us if there are any dangers you are aware of (structural deficiencies, hornets nests etc.) Health department concerns include: RODENTS: If there is any evidence or question rodents may be inhabiting the premises appropriate rodent control measures must be taken to assure the population has been exterminated prior to demolition. We strongly recommend contacting a licensed exterminator in the event rodent elimination is necessary. Professional exterminators will provide you with a certification indicating the premises have been cleared of rodents. ASBESTOS: Roofing, siding, dry wall, flooring and heating equipment and other building materials may contain asbestos, which when handled improperly can contaminate air, causing a threat to public health. Except when a demolition only involves a small shed or garage constructed only of wood and asphalt shingles a licensed industrial hygienist must certify the facility is free of asbestos. If the hygienist finds suspect materials, they will have the materials tested. All documentation including laboratory results and chain of custody reports with signatures and telephone numbers of all involved responsible parties must be submitted. It is the contractor or owner who is responsible for the compliance with removal and disposal requirements as regulated by the Department of Environmental Protection and the Department of Labor and Industries. A Board of Health inspection does not indicate compliance or the absence of asbestos containing materials. SEPTIC SYSTEM ABANDONMENT: If the structure to be demolished is served by an on-site septic, system and that system is not going to be reused it must be abandoned properly. This means any tanks or chambers must be pumped by a licensed pumper; then crushed and filled with clean gravel, or removed. Check with the Board of Health office to determine what records are on file for the system. Abandonment permit, not necessary if new system is to be constructed. DISPOSAL OF DEMOLITION MATERIALS: All demolition materials must be disposed of at an approved waste disposal facility. Friable asbestos must go to a special waste facility by a licensed abatement contractor. Any other hazardous waste must be disposed of in an approved manner at an approved site. All demolition debris must be removed from the premises and disposed of properly immediately after demolition. WELL ABANDONMENT: Any well that is to be taken out of commission must be filled by a licensed well contractor using an approved procedure. DUST PREVENTION: Precautions must be taken to avoid or minimize dust generation during demolition. If the site is dry; wetting the area will help minimize dust. Doing Business in Dartmouth: Permitting Guide Page 38

Demolition Permit (cont d) If you have any questions please contact this office. Remember you must also obtain your demolition permit from the building department and any necessary DEP/DLI/EPA permits prior to demolition of any structure. I have read the above information, received a copy of this form, and agree to complete the proposed demolition work within this guidance. LOCATION: STRUCTURE DEMO DUMPSTER COMPANY: PRINT NAME: ADDRESS: DATE: PHONE: SIGNED: Doing Business in Dartmouth: Permitting Guide Page 39

DARTMOUTH BOARD OF HEALTH Application for Residential Swimming Pool Construction Permit Above ground In-ground Owner: Address City/Town: Phone: Contractor: Address: City/Town: Phone: Pool Size: length : width: depth: Water source: Please attach a plan indicating locations of: house, septic system, reserve area, pool, and accessory structures. Plans must also show lot dimensions and approximate distances between pool and house, septic system, property line, and accessory structures. If there is no plan on file, please use the space above. SETBACK REQUIREMENTS (Minimum) POOL TO SEPTIC TANK: 10 IN-GROUND POOL TO LEACHING AREA: 20 POOL TO FOUNDATION: 10 ABOVE GROUND POOL TO LEACHING AREA: 10 POOL TO BUILDING SHED, GARAGE, ETC. 10 APPLICANTS SIGNATURE: DATE: DATE SUBMITTED: APPLICATION APPROVED: APPLICATION DISAPPROVED: INSP.: Doing Business in Dartmouth: Permitting Guide Page 40

Town of Dartmouth Board of Health 400 Slocum Road Dartmouth, MA 02747 APPLICATION FOR PERMIT TO OPERATE A PUBLIC, SEMI- PUBLIC, WADING POOL & WHIRLPOOL DATE: FEE: $ 360 NOTE: Supplemental inspections due to lack of signage, equipment, improper water quality or other deficiencies will be subject to a $90.00 inspection charge. TYPE OF POOL: LOCATION & ADDRESS: OPERATOR*: *105 CMR 435.01 - Operator is defined as: a) alone or jointly or severally with others owns a public or semi-public swimming pool, wading or special purpose pool regulated by 105 CMR 435.00 or b) has care, charge or control of such pool as agent or lessee of the owner as an independent contractor. CONTACT TELEPHONE NUMBER: EMAIL ADDRESS POOL SUPERVISOR: POOL SUPERVISOR(S) TRAINING CERTIFICATION: PERSON IN CHARGE OF MAINTENANCE: (ATTACH VERIFICATION) CONTACT #: LIFEGUARD REQUIREMENT: NUMBER OF LIFEGUARDS ON DUTY: LIFEGUARD WAIVER FROM BOARD OF HEALTH: (YES) (N/A) LIFEGUARD CERTIFICATION: [YES] [NO] [VERIFICATION MUST BE ATTACHED ] POOL INFORMATION CONSTRUCTION MATERIAL: YEAR BUILT: LENGTH: WIDTH: VOLUME: POOL AREA SIZE PER SQ. FT.: ( ) ( ) ( ) SWIMMING AREA NON-SWIMMING AREA DIVING AREA METHOD OF WATER TREATMENT: MAXIMUM NUMBER OF PEOPLE IN POOL: ( ) swimmers ( ) non-swimming POOL OPERATION DATES: POOL HOURS: I authorize the town, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in this application: SIGNATURE I certify under the penalty of perjury that the foregoing information contained in this application is true and correct and any errors may result in nullification of the permit: SIGNATURE Doing Business in Dartmouth: Permitting Guide Page 41

Board of Health Fees Doing Business in Dartmouth: Permitting Guide Page 42

BOARD OF SELECTMEN The Board of Selectmen is comprised of five (5) members who are elected for terms of three years each. The terms of office are arranged so that as nearly an equal number as possible of the terms of office of the members expire each year. As stated in the Town's General By-laws, the Selectmen are vested with all the municipal authority not specifically retained by the Town's legislative body, Town Meeting, or other elected boards. The Board of Selectmen is also responsible for appointing a Town Administrator, who serves as the Chief Administrative Officer of the Town, and prepares the agenda for the Select Board s weekly meetings. The Board of Selectmen serves as the chief policy-making agency of the town. The Board of Selectmen also is the licensing board for the town and in some instances, the Special Permit Granting Authority. Contact: David G. Cressman, Town Administrator Email: selectboard@town.dartmouth.ma.us Linda Torres, Confidential Licensing Aide Email: ltorres@town.dartmouth.ma.us Address: Town Hall, 400 Slocum Road, Dartmouth, MA 02747 Phone: 508-910-1813 Fax: 508-910-1839; 508-946-0112 Website: www.town.dartmouth.ma.us/pages/dartmouthma_bcomm/selectboard/index Members: Shawn D. McDonald, Chairperson Michael P. Watson, Vice Chairman John George Jr., Member Lara H. Stone, Member William J. Trimble, Member Meeting Schedule: Permits Issued: Mondays, 6:30 PM at the Town Hall, Third Floor Room 304 Liquor License, Entertainment with Alcohol License, Entertainment without Alcohol License, Special License to Sell Beer & Wine, Package Store, Club, Restaurant/Liquor, Motor Agent Licenses, Common Victualler, Amusement Devices, and Taxi Driver s License The Select Board also acts as the Special Permit Granting Authority for Residential and Commercial Wind Turbines per Sections 33 and 34 of the Town s Zoning By-Laws ); and for the primary production of steam and/or electrical power (per Sections 14 and 15 of the Zoning By-Laws). Process for Obtaining Permits: Complete an application, available from the Selectmen s office Doing Business in Dartmouth: Permitting Guide Page 43

Time Frame for Public Hearing: Time Frame for Decisions: Fee Schedule: Applicable Local, State and Federal Statutes: Will vary with the type of application Will vary with the type of application Please See Next Page Assorted Massachusetts General Laws depending upon the type of permit requested Duties: The Board of Selectmen are responsible for all facets of governmental duties. The warrants for the Annual and Special Town Meetings are generated from their office. They also issue the warrants for any elections or override votes scheduled. The Board works together with the Town Administrator, Town Accountant and Finance Committee members to establish the annual operating budget for the Town and to provide a stable economic environment for its citizens. In addition, the Selectmen are responsible for assessing municipal building needs and capital planning for the Town. Every July, the Selectmen are responsible for appointing over 150 residents to various positions within the government, such as committees, police officers and board members. Doing Business in Dartmouth: Permitting Guide Page 44

Board of Selectmen Fees License type New, Used, Junk Class I,II,II $ 200.00 Alcohol/Rest/Common Victualler $ 2,750.00 Wine & Malt Beverages/Common Victualler $ 1,600.00 All Alcohol Package Goods Store $ 2,100.00 Wine & Malt/Package Store $ 1,350.00 All Alcohol /Club $ 2,100.00 One Day License $ 75.00 Common Victualler $ 100.00 Filing Fees $ 75.00 Annual Entertainment With Alcohol License Dancing by Patrons $ 150.00 Dancing by Entertainers or Performers $ 50.00 Records or Live Music $ 150.00 Use of Amplification System $ 30.00 A Theatrical Exhibition, Play, Movie $ 50.00 A Floor Show of Any Description $ 125.00 A Light Show of Any Description $ 30.00 Dynamic Audio or Visual Show $ 30.00 Each Event Entertainment With Alcohol License Dancing by Patrons $ 50.00 Dancing by Entertainers or Performers $ 10.00 Records or Live Music $ 50.00 Use of Amplification System $ 10.00 A Theatrical Exhibition, Play, Movie $ 10.00 A Floor Show of Any Description $ 50.00 A Light Show of Any Description $ 10.00 Dynamic Audio or Visual Show $ 10.00 Juke Box $ 50.00 Amusement $ 50.00 Pool Table $ 50.00 Constable $ 40.00 Town of Dartmouth Permitting Guide Doing Business in Dartmouth: Permitting Guide Page 45

BUILDING DEPARTMENT / DEPARTMENT OF INSPECTIONAL SERVICES The purpose of the Department of Inspectional Services is to insure public safety, health and welfare insofar as they are affected by building construction. The Inspectional Services Department is responsible for the administration of the State Building, Electrical, Plumbing & Gas and Mechanical Codes. These responsibilities also encompass zoning determination and the interpretation and the enforcement of all Zoning By-laws and some General By-laws. All construction and use related permits are issued through this office. The permitting process starts with an application followed by a review time, and then the issuance of the permit. Once the permit has been issued inspections are done by various applicable inspectors. Once all inspections have been successfully completed, a Certificate of Completion or Occupancy can be issued. Contact: Paul Murphy, Director of Inspectional Services Email: pmurphy@town.dartmouth.ma.us David Brunette, Local Building Inspector Email: dbrunette@town.dartmouth.ma.us Beverly A. Sylvia, Permit Facilitator Email: bsylvia@town.dartmouth.ma.us Suzanne Gonsalves, Administrative Clerk Email: sgonsalves@town.dartmouth.ma.us Edmund Brown, Plumbing & Gas Inspector William R. Plamondon, Inspector of Wires Address: Town Hall, Room 210 400 Slocum Road Dartmouth, MA 02747 Phone: 508-910-1820 Fax: 508-910-1838 Website: Office Hours: www.town.dartmouth.ma.us/pages/dartmouthma_building/index Permit information and applications are available online. Monday - Friday: 8:30 AM - 4:30 PM Doing Business in Dartmouth: Permitting Guide Page 46

Permits Issued: Process for Obtaining Permits: Time Frame for Decisions: Appeal Process: Building Permits Demolition Permits Gasfitting Permits Electrical Permits Occupancy Permits (for new construction) Trench Permits Annual Certificates of Inspection (for place of assembly) Sheet Metal Permit See the department website for permit information and applications. Submit completed application to the Building Department. In accordance with Massachusetts State Building Code, Chapter 1, Section 111.1, the Inspector has thirty (30) days to review a permit application. State Building Code Appeals Board; Dartmouth Board of Appeals Fee Schedule: Please see page 49 Applicable Local, State and Federal Statutes: 780 CMR; Dartmouth Zoning Bylaws and Dartmouth General Bylaws (both available on Town of Dartmouth website at the Forms and Documents link for the Town Clerk) Doing Business in Dartmouth: Permitting Guide Page 47

Building Department Frequently Asked Questions Why do I need a plot plan? Plot plans are necessary in some cases to determine the existing location of a building in relation to its property lines. Dartmouth requires that all structures honor certain setbacks from property lines. A plot plan is often the only way to determine the actual building location, and the only assurance that new structures will be in compliance with the setbacks for a particular zoning district. Is my proposed project in a Historic District? If your home is located in a Historic District, it will be subject to additional regulations that it normally would not be. Any work undertaken; with a few exceptions will be the subject of a public hearing to ensure that the work is in keeping with the standards developed for the district. This may include, but not be limited to, exterior architectural features, exterior alterations, and demolition of structures or portions of structures. Are the services of an Architect necessary for plan submittal? No, the services of an architect may not be necessary in all cases. Usually drawings do not have to be prepared by a registered architect. Drawings can be prepared by anyone for single and two family purposes, so long as they can be reasonably interpreted, and are consistent with general professional standards. The level of quality needed is discretionary on the part of the building official. There are some situations that require professional engineering or architectural services, which may be dependent upon on the location of the structure or design standards that require it. How long will it take to issue my building permit? The Building Department has 30 days to issue or deny a building permit. The actual time frame is about a week, depending on other boards or committees, and their jurisdiction related to the application. It is best to seek the assistance of the building official prior to submittal to see what additional filings may be necessary. These may include, but not be limited to, filings to the Board of Health, Conservation Commission, DPW, Historic District, Water Department, and the Zoning Board of Appeals. What are the requirements for a shed? Shed requirements vary depending on the size desired. The main concern is the setbacks that the town requires for certain structures. The building code exempts accessory structures, with the exception f garages, from permitting, if the accessory structure is less than 200 square feet. Our zoning bylaws generally require setbacks of 20 feet from a street line and 5 feet from all other property lines if the accessory structure is less than 200 square feet and it is less than 12 feet to the average height of the gable. There are some exceptions, so it is best to consult with the building inspector before placing the shed on the property. By-Right Zoning: What is a By-Right Project? A By-Right project is one that, as proposed and designed is: 1) fully compliant with the uses allowed, dimensional rules, parking requirements, and all other zoning requirements of the Zoning District in which the project is located; and, 2) does not require any further review and/or approvals by the Planning Board and/or Zoning Board of Appeals (such as a special permit, site plan review and/or waiver). The Director of Inspectional Services reviews the submitted building permit application for zoning compliance. If a project qualifies as By-Right, the Director of Inspectional Services may issue a building permit if the Building Code requirements are met and any other necessary non-zoning Town and/or State approvals have been obtained. To assist applicants, the Director of Inspectional services can, upon request, provide a Zoning Determination for the proposed project. However, under the law, it is the sole responsibility of the applicant to ensure that the project is fully compliant with all applicable portions of the Zoning Ordinance. Doing Business in Dartmouth: Permitting Guide Page 48

Building Department Fees Doing Business in Dartmouth: Permitting Guide Page 49

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