[Amended 4-7-2008 ATM by Art. 27, approved 6-27-2008]
The purposes of open space residential development
are to:
A.
Protect open space, agricultural and forestry land,
wildlife habitat and corridors, wetlands and water resources, and
historical and archeological resources;
B.
Encourage creative, environmentally sensitive design
in residential developments;
C.
Encourage a more efficient form of development that
consumes less open land and respects existing topography and natural
features better than a conventional or grid subdivision; and
D.
Provide a variety of housing choices.
A.
In the RA, RR, or RE District, the Community Planning
Commission may grant a special permit for the following uses of a
tract of land as an open space residential development, subject to
the provisions of this bylaw:
(1)
Any development of six or more dwelling units; or
(2)
One or more divisions of land that would cumulatively
result in an increase of six or more residential lots above the number
existing twenty-four months earlier on a parcel or contiguous parcels
of land in common ownership as of the effective date of this bylaw.
For purposes of this section, a subdivision or division of land shall
mean any division of land subject to M.G.L. c. 41, Sections 81K-81GG.
B.
The Community Planning Commission may grant a special
permit for an open space residential development that contains less
than six dwelling units or six residential lots in the RA, RR or RE
District, provided that such application conforms in all respects
to this bylaw.
C.
This bylaw shall not apply to the conversion of an
existing structure into six or more dwelling units.
A subdivision plan is not required for an open
space residential development, but an applicant who proposes a subdivision
plan for an open space residential development shall submit the same
to the Community Planning Commission in accordance with the Rules
and Regulations Governing the Subdivision of Land following approval
of an open space residential development special permit.
A.
Permitted uses. An open space residential development
may include the following uses and may consist of any combination
of the below uses:
(1)
Detached single-family dwellings.
(2)
Townhouse dwellings, not to exceed four dwelling units
per building.
(3)
Open space and conservation areas.
(4)
Passive recreation, including trails for walking,
hiking, cross country skiing, and areas for other low-impact activities
such as picnicking and wildlife observation.
(5)
Agricultural, equestrian and horticultural uses.
(6)
Accessory recreational uses, such as a tennis court
or playground.
B.
Open space requirement.
(1)
An open space residential development must provide
at least fifty percent (50%) of the total land area of the tract as
permanently protected, usable, common open space that is functional
for purposes intended by this bylaw.
(2)
The common open space shall have no structures, parking,
private yards, patios, or gardens that are restricted for the exclusive
or principal use by residents of individual dwelling units. The open
space land shall be perpetually kept in an open state, and shall be
preserved exclusively for the purposes set forth herein, and it shall
be maintained in a manner which will ensure its suitability for its
intended purposes.
(3)
The following standards apply to the common open space
in an open space residential development:
(a)
Use, shape, location of common open space. Wherever
feasible, the open space shall be undisturbed, unaltered and left
in its natural condition. It shall be appropriate in size, shape,
dimension, location, and character to assure its use as a conservation
area, or where appropriate, a recreational area, and serve as a visual
and natural amenity for residents of the development and the Town.
(b)
The open space shall be contiguous. "Contiguous"
shall be defined as being connected and/or linked as a unit. Open
space will still be considered connected if it is separated by a roadway
or an accessory amenity. The Community Planning Commission may waive
this requirement for all or part of the required open space where
it is determined that allowing non-contiguous open space will promote
the goals of this bylaw and/or protect identified primary and secondary
conservation areas.
(c)
The majority of the open space shall not be
in buffer strips, undeveloped fingers between house lots, or other
narrow linear forms.
(d)
Common open space shall be usable for wildlife
habitat, passive recreation, resource preservation, agriculture or
equestrian uses and the following additional purposes: historic preservation,
outdoor education, park purposes, horticulture, forestry, or a combination
of any of these uses; and the open space shall be served by suitable
access for such purposes. The Community Planning Commission may permit
up to 5% of the open space to be paved (pervious paving materials
are encouraged) or built upon for structures accessory to the dedicated
use or uses of such open space (i.e., pedestrian walks and bike paths).
Parking areas and areas used for vehicular access or egress shall
not constitute open space.
(e)
The location(s) of the common open space shall
be subject to approval by the Community Planning Commission.
(f)
Each parcel of common open space shall be to
greatest extent practicable adequately accessible to the general public
and not just for the exclusive use of a homeowners association or
non-profit organization.
(g)
Land used for common or shared septic systems
may be counted toward the minimum common open space requirement, but
not land use for a septic system serving one dwelling.
(h)
Wastewater and stormwater management systems
serving the open space residential development may be located within
the open space. Surface systems, such as retention and detention ponds,
shall not qualify towards the minimum open space required.
(i)
The percentage of common open space consisting
of floodplain and wetlands as defined in M.G.L. c. 131, Section 40
shall not exceed the percentage of wetlands in the open space residential
development as a whole.
(j)
Unless approved by the Community Planning Commission,
common open space shall not be considered usable if the slope of the
finished grade exceeds twenty-five percent (25%).
(k)
Existing utility easements may not be counted
as common open space.
(4)
Ownership of open space.
(a)
The common open space shall, at the Community
Planning Commission's determination, be conveyed to:
[1]
A corporation or trust owned jointly or in common,
or to be owned jointly and in common by the owners of lots or dwelling
units in the open space residential development. Maintenance of such
open space and facilities shall be permanently guaranteed by such
corporation or trust that shall provide for mandatory assessments
for maintenance expenses to each lot. Each such trust or corporation
shall be deemed to have assented to allow the Town to perform maintenance
of such open space and facilities, if the trust or corporation fails
to provide adequate maintenance; and shall grant the Town an easement
for this purpose. In such event, the Town shall first provide fourteen
(14) days of written notice to the trust or corporation as to the
inadequate maintenance, and if the trust or corporation fails to complete
such maintenance, the Town may perform it. The cost incurred by the
Town for this maintenance due to the failure of the corporation to
provide said mandatory maintenance shall be paid for by the trust
or corporation. Each individual deed, and the deed or trust or articles
of incorporation, shall include provisions designed to effect these
provisions. Documents creating such trust or corporation shall be
submitted to the Community Planning Commission for approval, who will
have Town Counsel review these documents at the expense of the applicant
for the proposed open space residential development. After these documents
have been approved by Town Counsel and the Community Planning Commission,
the applicant is responsible for recording them in the Middlesex Registry
of Deeds and providing proof of recording to the North Reading Community
Planning Department;
[2]
The Town or the North Reading Conservation Commission
and accepted for park or open space use; or
[3]
A non-profit organization, the principal purpose
of which is the conservation of open space and any of the purposes
for such open space set forth above.
(b)
In any case where the common open space is not
conveyed to the North Reading Conservation Commission, a legally enforceable
restriction under M.G.L. c. 184, §§ 31-33, shall be
recorded with the Middlesex South Registry of Deeds, providing that
such land shall be kept in an open or natural state and not be built
upon or developed for accessory uses such as parking or roadways.
C.
Dimensional standards. To maximize the amount of open
space, reduce site disturbance and protect significant farmland or
scenic landscapes, the Community Planning Commission may waive the
minimum requirements for lot area, frontage, front yard setback, maximum
building area, or minimum open space as a percentage of lot area that
would normally apply in the zoning district, except as provided below.
(1)
Any open space residential development lot that relies
on an existing public way for frontage shall conform to the dimensional
requirements of the applicable zoning district.
(2)
Any open space residential development lot that abuts
an existing single-family dwelling shall comply with the minimum yard
setback(s) of the applicable zoning district along the boundary of
the abutting lot.
(3)
The minimum distance between adjacent dwellings in
an open space residential development shall be at least equal to the
height of the taller dwelling, except that the Community Planning
Commission may waive this requirement if it determines that a reduction
in minimum distance between dwellings will further the goals of this
bylaw.
(4)
At least fifty percent (50%) of the required yard
setbacks shall be maintained on interior lots in the open space residential
development unless a reduction is authorized by the Community Planning
Commission to accommodate "zero lot line" design.
D.
Maximum number of units. The maximum number of units
shall not exceed 1.20 times the number of single-family house lots
that could reasonably be expected to be developed upon the site under
a conventional plan in full conformance with all zoning, subdivision
regulations, health regulations, wetlands regulations and other applicable
requirements. The proponent shall have the burden of proof with regard
to the design and engineering specifications for such conventional
plan.
E.
Stormwater management. The Community Planning Commission
shall encourage the use of non-structural stormwater management techniques
and other drainage systems that reduce impervious surfaces and enable
infiltration where appropriate.
F.
Limitation of subdivision. No lot shown on a plan
for which an open space residential development permit is granted
under this section may be further subdivided, and a notation to this
effect shall be shown on the plans.
G.
Pre-submission conference.
(1)
Applicants seeking an open space residential development
special permit shall request a pre-submission conference with the
Community Planning Commission to review the scope of the project and
the site for which it is proposed. The Community Planning Commission
shall invite other Town boards or officials with authority to issue
permits for the project to the pre-submission conference. At a minimum,
the intent of the pre-submission conference shall be to:
(a)
Identify the key natural features of the proposed
development site.
(b)
Identify historic or culturally important features
of the site.
(c)
Identify any safety, traffic, or infrastructure
issues directly related to the site.
(d)
Identify existing trails on the site or on abutting
parcels, and connections thereto. Every effort shall be made to preserve
and improve existing trail networks.
(e)
Identify areas that the Town prefers to see
preserved for open space, viewshed, wildlife habitat, agricultural
or agricultural buffer purposes.
(f)
Discuss the proposed plan and any issues relative
to the review criteria for the concept plan special permit.
(g)
Discuss any issues relevant to open space residential
development requirements.
(h)
Assist the applicant in understanding all related
permitting issues required for the project.
(i)
Set a timetable for submittal of a formal application
(2)
Pre-submission conference plans and documents required.
(a)
Applicants seeking an open space residential
development special permit shall request a pre-submission conference
with the Community Planning Commission to review the scope of the
project and the site for which it is proposed. The Community Planning
Commission shall invite other Town boards or officials with authority
to issue permits for the project to the pre-submission conference.
To facilitate the review and discussion of the open space residential
development, applicants are required to submit the following information
and materials:
[1]
Site context map. This map illustrates the parcel
in connection to its surrounding neighborhood. Based upon existing
data sources and field inspections, it should show various kinds of
major natural resources or features that cross parcel lines or that
are located on adjoining lands. This map enables the Community Planning
Commission to understand the site in relation to what is occurring
on adjacent properties.
[2]
Existing conditions/site analysis map. This
map familiarizes officials with existing conditions on the property.
Based upon existing data sources and field inspections, this base
map locates and describes noteworthy resources that should be left
protected through sensitive subdivision layouts. These resources include
wetlands, riverfront areas, floodplains and steep slopes, but may
also include mature un-degraded woodlands, hedgerows, farmland, unique
or special wildlife habitats, historic or cultural features (such
as old structures or stone walls), unusual geologic formations and
scenic views into and out from the property. By overlaying this plan
onto a development plan, the parties involved can clearly see where
conservation priorities and desired development overlap/conflict.
(b)
Site visit. Applicants are encouraged to request
a site visit by the Community Planning Commission and/or its agents
to facilitate pre-application review of the open space residential
development. If a site visit is requested, the Community Planning
Commission shall invite other Town boards and officials to attend.
(c)
Design criteria. The design process and criteria set forth in §§ 200-50H(1) through (5) and 200-51A(7)(a)[1] through [9] and 200-51A(7)(b)[1] through [10] should be discussed by the parties at the pre-submission conference and site visit.
H.
Design process. At the time of the application for
a special permit for open space residential development, the applicant
must demonstrate to the Community Planning Commission that the layout
of open space, roads and dwelling units in the concept plan is based
on a design analysis performed by a team that includes a registered
landscape architect according to the following sequence of steps:
(1)
Identification of conservation areas. The first step
in the design process requires identification of conservation areas
on the site, including wetlands, riverfront areas, and floodplains
regulated by state or federal law; unprotected natural landscape features
such as steep slopes, mature woodlands, prime farmland, meadows, wildlife
habitats for rare or endangered species and wildlife corridors or
connections thereto; cultural features such as historic and archeological
sites and scenic views; and recreational features such as established
trails used for horseback riding, walking and cross-country skiing.
Wherever possible, conservation areas shall include areas identified
by the Community Planning Commission during the pre-submission conference.
(2)
Identification and delineation of the proposed development
area. The second step in the design process is to define and delineate
the area that will contain buildings, roadways, other site improvements
and amenities for residents of the development. To the maximum extent
feasible, the proposed development area shall consist of land outside
the identified conservation areas.
(3)
Location of dwelling units. The third step in the
design process is to identify and delineate the approximate location
of dwelling units in the proposed development area. The location of
dwelling units should account for proximity to common open space and
other amenities, including community buildings for use by residents
of the development. Toward this end, the number of dwelling units
with direct access to the amenities of the development should be maximized.
(4)
Roads and trails. The fourth step in the design process
is to identify and delineate the approximate location of roads and
trails. Roads should be aligned to access the dwelling units. The
layout of new trails should anticipate internal and external connections
to existing and/or potential future roads, trails and sidewalks.
(5)
Lotting. The final step in the design process is to
identify the approximate location of lot lines if the open space residential
development will require a definitive subdivision plan.
I.
Site Disturbance. After an open space residential
development special permit application has been submitted, no tree
removal, no utility installation, no ditching, grading or construction
of roads, no grading of land or lots, no excavation, except for purposes
of soil testing, no dredging or filling and no construction of buildings
or structures shall be done on any part of the site until the application
has been reviewed and approved as provided by these regulations.
A.
Open space residential development concept plan special
permit.
(1)
Procedures. A special permit may be issued by the Community Planning Commission pursuant to the notification, public hearing and decision procedures in Article VI of this bylaw.
(2)
Site visit. Whether or not a site visit was conducted
during the pre-submission stage, the Community Planning Commission
may conduct a site visit during the public hearing process.
(3)
Technical experts. The Community Planning Commission
may engage technical, including legal, experts, at the applicant's
expense, as reasonably necessary in connection with its review of
the applicant's proposed plan(s) and associated reports.
(4)
Submittal requirements. An application for an open
space residential development special permit shall include a concept
plan and a yield plan. The size, form, number and contents of the
concept plan and yield plan shall be set forth in the Community Planning
Commission's Open Space Residential Development Regulations. The submittals
and permits of this section shall be in addition to any other requirements
of the Subdivision Control Law or any other provisions of this Zoning
Bylaw.
(5)
Concept plan. The concept plan shall be a schematic representation of the proposed development, with sufficient detail about existing and proposed conditions to enable the Community Planning Commission to understand what is being proposed and to be able to respond to the applicant's proposals in an informed manner. The concept plan shall incorporate the design process set forth in § 200-50H(1) through (5) and the design standards according to §§ 200-51A(7)(a)[1] through [10] and 200-51A(7)(b)[1] through [11], when determining a proposed design for the development. The concept plan shall consist of the following:
(a)
The concept plan may be prepared from deed information,
USGS topographical maps, FEMA floodplain maps, assessor's maps, orthophotos,
soil maps, Department of Environmental Protection (DEP) wetland maps,
and other existing data. The locations of wetlands, streams and forest
limits or locations do not need to be verified during the special
permit process unless the applicant has delineated the same in the
field and applies to the North Reading Conservation Commission for
review and determination under M.G.L. c. 131 Section 40 and the North
Reading Wetlands Bylaw. For purposes of the concept plan, it is not
necessary to verify these constraints, but these locations should
be as accurate as possible in order to avoid significant changes at
the definitive plan stage of permitting.
(b)
The concept plan shall include scaled drawings prepared by a registered landscape architect or by a multidisciplinary team of which one member must be a registered landscape architect. The concept plan shall incorporate the open space residential development design process outlined in § 200-50H above. At minimum, a concept plan shall provide the following information:
[1]
The location of the proposed development, the
name of the proposed development, boundaries, North point, date, legend,
title and scale.
[2]
The name of the record owner and the applicant,
and the name of the registered landscape architect that prepared the
plan.
[3]
The size of the site in acres.
[4]
An existing conditions inventory and description
of conservation areas identified during the open space residential
development design process.
[5]
The total number and approximate locations of
the proposed buildings, dwelling units and/or lots, and the approximate
size of each in square feet.
[6]
The acreage and proposed use(s) of permanent
open space.
[7]
A narrative explanation of the proposed quality,
quantity, use and ownership of the open space. Open space parcels
shall be clearly delineated on the plan.
[8]
A narrative explanation detailing the percentage
of floodplain and wetlands (if any) on the entire tract of land as
well as the percentage of floodplain and wetlands (if any) included
in the common open space, as well as being denoted on the concept
plan.
[9]
The areas or approximate delineation of lots
that will be used as building areas, and the areas or approximate
delineation of lots that are to remain as permanent open space.
[10]
A narrative explanation prepared
by a certified professional engineer describing proposed systems for
stormwater drainage and its likely impacts on-site and to any abutting
parcels of land. For example, this narrative will specify whether
soft or hard engineering methods will be used and the number of any
detention/retention basins or infiltrating catch basins; it is not
intended to include specific pipe sizes. Any information needed to
justify this proposal should be included in the narrative. A soils
statement (soil conservation survey is acceptable) shall be submitted
to accompany the narrative explanation. The approximate location of
any stormwater management detention/retention basins shall be shown
on the plan and accompanied by a conceptual landscaping plan.
[11]
Official soil percolation tests
for the purpose of siting wastewater treatment options are not required
for this concept plan. However, a narrative explanation shall be prepared
by a certified professional engineer detailing the proposed wastewater
systems that will be utilized by the development and its likely impacts
on-site and to any abutting parcels of land. For example, the narrative
will specify whether individual on-site or off-site systems, shared
systems, alternative to Title V systems, or any combination of these
or other methods will be utilized.
[12]
All existing and proposed features
and amenities including trails, recreation areas, pedestrian and bicycle
paths, community buildings, off-street parking areas (list any other
parking areas as well) shall be shown on the plan and described in
a brief narrative explanation where appropriate.
[13]
The existing and proposed lines
of streets, ways, easements and any parcel of land intended to be
dedicated for public use or to be reserved by deed covenant for use
of all property owners in the subdivision, or parcels of land or lots
to be used for any purpose other than private residential shall be
so designated within the subdivision in a general manner.
[14]
A narrative explanation prepared
by a certified professional engineer, detailing the proposed drinking
water supply system deemed adequate for fire protection and domestic
use by the Water Superintendent and by the Fire Chief.
[15]
Sufficient detail of proposed built and natural features to enable the Community Planning Commission to make the required determinations under § 200-51A(8) below.
[16]
A list of all legal documents
necessary for implementation of the proposed development, including
any conservation restrictions, land transfers, and master deeds, with
an accompanying narrative explaining their general purpose.
[17]
A narrative indicating all requested
waivers, reductions and/or modifications as permitted within the requirements
of this bylaw; as well as a narrative indicating all waivers or variances
required from other local and state regulations and bylaws required
for the proposed open space residential development.
(6)
Yield plan.
(a)
The purpose of the yield plan is to demonstrate
the maximum number of lots that could be developed on the site under
a conventional plan. The yield plan must comply with the following
criteria:
(b)
It is the applicant's burden to submit reasonable
proof that the number of lots in the yield plan could meet the engineering
and design specifications required for a conventional plan. The total
number of lots in the open space residential development shall be
determined by the Community Planning Commission, based upon its review
of the applicant's yield plan, but in no event shall include more
than a 20% increase over the number of lots that could be developed
according to the yield plan, subject to the Commission's approval.
In addition to the yield plan, the applicant shall also submit a narrative
explanation detailing the results of the determination the yield plan.
(7)
Design standards. The following generic and site specific
design standards shall apply to all open space residential development
and shall govern the development and design process:
(a)
Generic design standards:
[1]
The landscape shall be preserved in its natural
state, insofar as practicable, by minimizing tree and soil removal.
Any grade changes shall be in keeping with the general appearance
of the neighboring developed areas. The orientation of individual
building sites shall be such as to maintain maximum natural topography
and cover. Topography, tree cover, and natural drainageways shall
be treated as fixed determinants of road and lot configuration rather
than as malleable elements that can be changed to follow a preferred
development scheme.
[2]
Streets shall be designed and located in such
a manner as to maintain and preserve natural topography, significant
landmarks, and trees; to minimize cut and fill; and to preserve and
enhance views and vistas on or off the subject parcel.
[3]
Building designs shall relate harmoniously to
the terrain and use scale, building materials, colors and architecture
that are compatible with other buildings of similar scale in the vicinity;
and shall relate harmoniously to the architecture of existing buildings
of similar scale in the vicinity that have functional or visual relationship
to the proposed buildings.
[4]
Variable lot sizes are encouraged as is a mix
of housing types and house sizes to reduce monotony and repetition.
[5]
When townhouse or multi-family dwellings are
proposed, the development shall a) provide for varied roofline articulation
that stresses New England village-style architecture; and b) avoid
unbroken building facades longer than sixty (60) feet, and regular
spacings and building placements.
[6]
Garages shall be recessed at least five (5)
feet from the front building wall of the house. Side entry and detached
garages are strongly encouraged.
[7]
Developers are encouraged to provide outdoor
living spaces, such as porches, on the front of residential structures,
facing the street.
[8]
All open space (landscaped and usable) shall
be designed to add to the visual amenities of the area by maximizing
its visibility for persons passing the site or overlooking it from
nearby properties.
[9]
OSRD developments proposed on a parcel of land
where there are existing buildings, dwellings or structures that are
listed on the National or State (Commonwealth of MA) Register of Historic
Places; or on the North Reading Historic Building Survey and are more
than 50 years old as of the date of application for an OSRD special
permit shall be required to meet a higher standard of compatibility
with existing, historically recognized architectural styles. An OSRD
development proposed on a parcel of land with existing historic buildings,
dwellings or structures as defined above must preserve or generate
the same number of buildings, dwellings or structures within the proposed
OSRD development that were located on the parcel of land prior to
the OSRD development application. For purposes of zoning compliance,
buildings, structures or dwellings that will adhere to the U.S. Secretary
of the Interior's Standards for the Treatment of Historic Properties
will generally be presumed to maintain or promote such status.
[10]
The Community Planning Commission
may issue building form guidelines to clarify the design standards
listed in this subsection.
(b)
Site specific design standards.
[1]
Residential structures shall be oriented toward
the street serving the premises and not the required parking area.
When the open space residential development will include a mix of
housing types, the developer shall seek to place single-family houses
towards the perimeter of the site, especially where it abuts residentially
zoned and occupied properties.
[2]
Mix of housing type. An open space residential development may utilize a combination of the permitted uses listed in § 200-50A, as follows. The open space residential development shall consist of a minimum of 50% single-family dwellings and up to a maximum percentage of the following housing types: 100% single-family dwellings, 50% two-family townhouse dwellings and 25% multi-family townhouse dwellings (not to exceed four dwelling units per building). The Community Planning Commission may waive this requirement and allow an increased percentage of two-family or multi-family housing types where it is determined that allowing such an increase will promote the goals of this bylaw.
[3]
Multifamily structures shall be sited and screened
to minimize any potential negative visual impact on abutting single-family
structures, both on and off site.
[4]
Parking. Each dwelling unit shall be served
by two (2) off-street parking spaces. Parking spaces in front of garages
may count in this computation. Resident parking for multifamily structures
shall be placed to the side or rear of the building, and the primary
pedestrian/visitor entrance shall face the street. All parking areas
with greater than 6 spaces shall be screened from view.
[5]
Buffer areas. A buffer area of 50 feet shall
be provided at the perimeter of the open space residential development
boundary running the full length of the perimeter of the tract. The
Community Planning Commission may also require a 50 foot buffer area
in the following locations: a) certain resource areas on or adjacent
to the parcel, such as ponds, wetlands, streams and riverfront areas,
rock outcrops, ledge, agricultural or recreational fields, and land
held for conservation purposes; and b) existing public ways. No vegetation
in a designated buffer area may be disturbed, destroyed or removed,
except for normal maintenance of structures and landscapes approved
as part of the project. The buffer zone shall remain in its natural
state except that trees or shrubs may be added to enhance the appearance
of the buffer zone. Driveways necessary for access and egress to and
from the tract may cross such buffer areas. The Community Planning
Commission may waive this buffer requirement in these locations when
it determines that a smaller buffer (or no buffer) will suffice to
accomplish the objectives set forth herein. However, under no circumstances
shall the Community Planning Commission be able to waive the 50-foot
buffer requirement in its entirety for locations at the perimeter
of the open space residential development tract where it abuts residentially
zoned and occupied properties. In these locations, the buffer requirement
may only be reduced to a 30-foot buffer, and it may not be eliminated.
[6]
Drainage. The Community Planning Commission
shall encourage the use of "soft" (non-structural) natural stormwater
management techniques (such as rain gardens and open grass and bio-retention
swales) and other drainage techniques that do not create impervious
surface and that enable infiltration where appropriate. Stormwater
should be treated at the source to limit non-point source pollution.
Water conservation measures, including but not limited to the use
of rainwater retention systems, such as rain barrels and cisterns
for water irrigation purposes, are also strongly encouraged.
[7]
Screening and landscaping. All structural surface
stormwater management facilities shall be accompanied by a conceptual
landscape plan. The landscape plan shall not include invasive plant
species and shall include species that are drought tolerant and provide
habitat value. Native plant species are strongly encouraged. In-ground
sprinkler systems are strongly discouraged.
[8]
On-site pedestrian and bicycle circulation.
Walkways and bicycle paths shall be provided to link residences with
parking areas, and recreation facilities (including parkland and open
space); walkways and bicycle paths shall also be provided to create
pedestrian and bicycle links to off site land uses, including nearby
key destinations (schools, neighborhood activity centers, recreational
facilities) and existing or proposed segments of the Town's trail
network.
[9]
Signage and parking for trails and passive recreational
open space. Signage denoting the entrance to open space used for passive
recreation, resource preservation, agriculture or equestrian uses,
historic preservation, outdoor education, park purposes, horticulture,
forestry shall be provided. In addition, parking spaces for access
to the open space shall be constructed and provided, and the parking
space areas shall indicate the purpose of these parking spaces is
for access to the open space.
[10]
Disturbed areas. Not more than
fifty percent (50%) of the total tract shall be disturbed areas. A
disturbed area is any land not left in its natural vegetated state.
The Community Planning Commission may allow a greater area of temporary
disturbance to the extent it determines that doing so will substantially
further the purposes and intent of this bylaw and otherwise be in
the best interests of the community.
[11]
Roadways. Developers shall balance
the need to minimize the amount of paved surface on the site with
the need to route roadways carefully in order to minimize environmental
impact. Developers shall establish a right-of-way no greater than
50 feet. The Community Planning Commission will consider permitting
reduction of roadway width or other roadway design requirements (outlined
in the Rules and Regulations Governing the Subdivision of Land) in
order to reduce environmental impacts of the development, so long
as the applicant demonstrates that such reduction will not decrease
pedestrian and vehicular safety and or impeded access for emergency
vehicles.
(8)
Decision. The Community Planning Commission shall
take one of the following actions within 90 days of the close of the
public hearing:
(a)
The Commission may approve an open space residential
development special permit with any conditions, safeguards, and limitations,
if it determines that the proposed open space residential development
has less detrimental impact on the tract and further advances the
interests of the community than a conventional subdivision plan for
the tract, after considering the following factors:
[1]
The degree to which the conceptual design and
layout of the proposed open space residential development preserves
open space for conservation and recreation, protects natural features
of the land, and achieves efficient provision of streets, utilities
and other public services;
[2]
The degree to which the open space residential
development promotes permanent preservation of open space, agricultural
land, forestry land, existing and proposed trails, natural resources
including water bodies and wetlands, and historical and archeological
resources;
[3]
The degree to which the open space residential
development achieves sustainable design through a more efficient form
of development that consumes less open land and conforms to existing
topography and natural features better than a conventional subdivision;
[4]
The degree to which the open space residential
development reduces the total amount of disturbance on the site;
[5]
The degree to which the open space residential
development furthers the goals and policies of the Town of North Reading
Master Plan and Town of North Reading Open Space and Recreation Plan,
as amended from time to time;
[6]
Whether the proposed construction of housing,
landscape and streetscape is in harmony with the overall architectural
heritage and historic character of the Town of North Reading;
[7]
The degree to which the open space residential
development facilitates the construction and maintenance of streets,
utilities and public service in a more economical and efficient manner
than in a conventional subdivision;
[8]
Whether the concept plan and its supporting
narrative documentation complies with all sections of this Zoning
Bylaw; and
[9]
The degree to which the open space residential
development furthers the purposes of this bylaw.
(b)
The Commission may deny a special permit upon
finding that the application does not comply with the provisions of
this bylaw.
(c)
If the Commission finds that the proposed location
is better suited for a conventional division of land, the Commission
shall deny the open space residential development special permit and
provide written authorization to the applicant to submit a conventional
subdivision plan for six or more lots in accordance with the Rules
and Regulations Governing the Subdivision of Land.
(9)
Effect of special permit approval. Approval of the
open space residential development special permit shall not be considered
approval of any construction. The special permit is a preliminary
approval, intended to give guidance to the applicant for the development
of definitive subdivision plan or the site plan, and to determine
whether the proposed concept meets the objectives of this bylaw. Any
subdivision plan or site plan submitted for approval following issuance
of the open space residential development special permit shall substantially
conform to the special permit and any conditions imposed therein by
the Community Planning Commission.
(10)
Duration of special permit. The special permit
shall lapse no later than two years from the date of issuance if substantial
use or construction has not commenced by such date, except for good
cause shown, and the applicant requests, before the date that the
special permit would lapse, that the Community Planning Commission
extend the special permit.
B.
Open space residential development definitive plan.
(1)
Following issuance of an open space residential development special permit under Subsection A above, the applicant shall submit one of the following to the Community Planning Commission for review and approval:
(2)
Site plan decision. The Community Planning Commission shall make one of the following decisions in acting upon the site plan under § 200-98:
(a)
The Commission may approve an open space residential
development Site Plan only upon its determination that the plan substantially
complies with the concept plan special permit and satisfactorily addresses
all of the following criteria:
[1]
Adequate access to each structure for public
safety equipment and personnel;
[2]
Adequate utility service and drainage, consistent
where applicable with the North Reading Subdivision Regulations in
effect at the time of the submission of the site plan;
[3]
Adequate measures to reduce the volume of cut
or fill, soil erosion, and visual intrusion of parking areas viewed
from public ways or abutting properties;
[4]
Protection of pedestrian and vehicular safety
within the site and egressing from it; and
[5]
Compliance with all the other requirements of
the Zoning Bylaw.
(b)
The Commission may disapprove an open space
residential development site plan that does not substantially comply
with the concept plan special permit. An open space residential development
site plan will be considered not to comply substantially with the
concept plan special permit if the Commission determines that any
of the following conditions exist:
[1]
An increase in the number of buildings or dwelling
units;
[2]
A significant decrease in acres of open space;
[3]
A significant change in the development layout
which adversely affects natural landscape features and open space
preservation;
[4]
Significant changes to the stormwater management
facilities approved as part of the special permit decision; and/or
[5]
Significant changes in wastewater management
systems.
(c)
The Commission may conditionally approve an
open space residential development site plan that does not substantially
comply with the concept plan special permit, provided that such conditional
approval shall identify where the site plan does not substantially
comply and/or contains significant changes from the approved open
space residential development special permit; and shall require that
the special permit be amended to be in compliance with the changes
identified by the Commission.
(3)
Subdivision plan. An open space residential development
that involves a subdivision of land shall be submitted to the Community
Planning Commission for approval under the Subdivision Control Law
and the North Reading Rules and Regulations Governing the Subdivision
of Land. The Commission's approval of an open space residential development
special permit shall neither oblige the Commission to approve any
related definitive plan nor substitute for such approval. The subdivision
plan shall substantially comply with the open space residential development
concept plan special permit.
If any portion of this bylaw is declared to
be invalid, the remainder shall continue to be in full force and effect.
