[Added 10-21-2003 STM by Art. 41; amended 8-7-2004 STM by Art.
1; 11-13-2007 STM by Art. 17]
The purpose of this section, "Rate of Development
and Subdivision Phasing," is to assure that growth shall be phased
so as not to unduly strain the Town's ability to provide public facilities
and services, and so that the Town can study the impact of growth
and plan accordingly. The reason for developing such a bylaw is to
ensure the Town of Townsend has the time to provide the necessary
municipal infrastructure and service needs in order to provide the
Town the ability to protect and promote public health, safety and
welfare.
The rate of development shall apply to the issuance
of all building permits for the construction of new dwelling units.
This bylaw shall be effective for four years from January 1, 2008.
Building permits shall not be issued authorizing
construction of more than 28 dwelling units in any twelve-month period,
with the first such period beginning January 1, 2008, unless one or
more of the conditions set forth below applies:
A.
The creation of dwelling units under any program or
statute intended to assist the construction of low- or moderate-income
housing, as defined in the applicable statute or regulation, including
Town bylaws.
B.
The creation of dwelling units for persons of 55 years
and older through a properly executed and recorded deed restriction
running with the land.
No entity or person shall be issued more than
three building permits for new dwelling units within one calendar
year
A.
Not more than a total of 28 building permits may be
issued for new dwelling units within one calendar year.
B.
No more than three building permits shall be issued
in any one calendar year for lots within the same subdivision; and
no more than three building permits shall be issued in any one calendar
year to the same individual or entity; and no more than three building
permits shall be issued in any one calendar year for lots carved out
of each tract of land shown on a plan endorsed by the Planning Board
as "Approval Not Required" after the first publication of notice of
this bylaw.
C.
The amendments to this bylaw shall take effect on
the date such amendments are voted at the Town Meeting as provided
for in Section 5 of Chapter 40A. Any of the 28 permits allowed for
calendar year 2008, which have not been issued by the effective date
of this amendment, shall be available for issuance pursuant to this
amendment for the remainder of calendar year 2008. If in any year
that this bylaw is in effect, all 28 building permits that may be
issued in the calendar year are issued prior to the end of the calendar
year applications shall be processed as follows. Whenever an individual
or entity submits a complete application for a building permit prior
to the end of the calendar year, those individuals or entities shall
be assigned numbers with their applications in order of receipt. Those
permits that have been assigned numbers shall be issued first in the
next calendar year prior to the issuance of any other permits and
shall be counted as part of the 28 allowable in the ensuing calendar
year. A "complete" application shall include all necessary approvals
from other boards, including well and septic approvals.
Upon a determination by the Planning Board under
a special permit application that the building permits will be issued
for dwelling units within a development that will provide special
benefits to the community, said permits shall be exempt from this
section in its entirety, and shall not count toward the 28 permits
to be issued annually.
A.
The Planning Board may grant a special permit under
this section only if the Board determines that the probable benefits
to the community outweigh the probable adverse effects resulting from
granting such permit, considering the impact on schools, other public
facilities, traffic and pedestrian travel, recreational facilities,
open spaces and agricultural resources, traffic hazards, preservation
of unique natural features, planned rate of development, and housing
for senior citizens and people of low or moderate income, as defined
by the Commonwealth of Massachusetts Department of Housing and Community
Development, as well as conformance with Master Plan or Growth Management
Plans prepared by the Planning Board pursuant to MGL c. 41, § 81D.
The Planning Board shall give particular consideration to proposals
that demonstrate a reduction in allowable density of 25% or more.
