Chelmsford City Zoning Code
ARTICLE XVIII
Planned Open Space Development
§ 195-92 Purpose.
[Amended 10-28-2019 ATM by Art. 26]
Planned open space developments, hereinafter known as "POS," may be allowed by special permit by the Planning Board for the purpose of providing attractive, convenient, efficient neighborhoods and to promote the conservation of open space and the efficient use of land in harmony with its natural features.
§ 195-93 General standards.
A.
The tract of land proposed for a POS shall contain a minimum of five acres. These proposals shall be permitted only within a subdivision as defined in MGL c. 41, § 81L.
[Amended 10-28-2019 ATM by Art. 26]
B.
Number of dwelling units. The maximum number of dwelling units allowed shall be equal to the number of lots which could reasonably be expected to be developed upon that parcel 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.
C.
If any part of a dwelling or accessory building in a POS is proposed to be located within 75 feet of the perimeter of such development, such building(s) shall be located so as to comply with the minimum yard dimensions for principal and accessory buildings for the applicable zoning district.
[Amended 10-28-2019 ATM by Art. 26]
D.
Minimum lot area shall be 12,000 square feet. Minimum frontage shall be 50 feet. Minimum side yards shall be 12 feet. Minimum front and rear yards shall be 20 feet. Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved.
E.
All streets in a POS shall be improved in accordance with the requirements and specifications of the subdivision regulations.[1] Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction standards by the Planning Board.
F.
A written agreement or contract to be executed between the developer and the Town of Chelmsford shall be submitted at the final stage of the subdivision review stating that:
(1)
The owner or developer will construct the development and install improvements, both public and private, in accordance with the approved plan. A bond shall be posted to guarantee completion.
(2)
In the event of failure of the owners, successors or assigns to maintain any common open space, recreation areas, landscaping features or other required improvements, the Town may enter said development and perform such necessary maintenance work and charge the cost, including attorney fees, to the owner, successor or assigns.
(3)
This contract shall be binding upon the heirs, assigns, successors or receivers of the development and shall constitute a lien on the property in the development.
(4)
Any other conditions required by the Planning Board.
G.
A site plan, in addition to the final subdivision plan, shall be recorded after the POS is approved. As a minimum this site plan shall show the entire development, indicating lots, roads, easements, open space, phases for development, any recreational uses or buildings to be constructed in the open space and any ponds, streams or wetlands. This plan shall be approved by the Planning Board before it is recorded.[2]
[2]
Editor's Note: Original Sec. 4628, Buffer areas, which immediately followed this subsection, was deleted 10-21-1999 ATM by Art. 29.
§ 195-94 Open space requirements.
[Amended 10-28-2019 ATM by Art. 26]
A minimum of 25% open space, excluding required yards and buffer areas, shall be provided. Such open space may be separated by the road(s) constructed within the site. At the discretion of the Planning Board, the open space provided may be off site, upon a demonstration that such land promotes the purpose set forth in this article. The percentage of the open space which is wetlands, as defined pursuant to MGL c. 131, § 40, shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in the open space upon a demonstration that such inclusion promotes the purposes set forth in this article.
A.
The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry or for a combination of these uses and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon, provided that 10% of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks and bike paths.
C.
Underground utilities to serve the site may be located within the required open space.
D.
The required open space shall, at the Planning Board's election, be conveyed to:
(1)
The Town of Chelmsford or its Conservation Commission;
(2)
A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above; or
(3)
A corporation or trust owned jointly or in common by the owners of lots within the site. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust, which shall provide for mandatory assessments for maintenance expenses to each lot.
(a)
Each such trust or corporation shall be deemed to have assented to allow the Town of Chelmsford to perform maintenance of the 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 14 days' 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 owner of each lot shall be deemed to have assented to the Town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the Town of the same.
(b)
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 Planning Board for approval and shall thereafter be recorded in the Registry of Deeds.
E.
Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the town, provided that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
§ 195-95 Homeowners association.
The applicant or developer shall provide for and establish a homeowners association as a nonprofit organization or other legal entity under the laws of Massachusetts for the use, care and maintenance of lands and improvements. Membership in the association shall be mandatory for all landowners within the POS, and each lot shall be entitled to equal representation. The association shall be formed prior to conveyance of the first lot, in a form acceptable to the Planning Board.
§ 195-96 Certificates or documents.
The following certificates or documents shall be submitted to the Planning Board:
A.
Copies of any proposed management policies and existing or proposed deed restrictions or covenants running with the land in the development.
B.
A description of any existing easement, covenants or restrictions affecting land within the development and an instrument conveying any easements required as a condition of approval to the town.
§ 195-97 Purchase and sale agreement.
A.
Prior to approval by the Planning Board, the developer must file and have approved by the Planning Board a sample purchase and sale agreement which shall be used for the purchase of individual lots and dwellings. Said agreement shall include in conspicuous type the following:
The property is part of a POS subject to the Zoning Bylaw and the Subdivision Regulations of the Town of Chelmsford. The purchaser and subsequent owners of the property are subject to the requirements therein contained. The purchaser shall be required to be a member of a homeowners association, shall be subject to rules and regulations of said association and shall be liable for any applicable assessment made by or against said association. The ultimate liability for the open space falls on the individual lot owner. |
B.
The purchase and sale agreement shall further contain a statement by the seller that the purchaser has been provided with a copy of the documents pertinent to the POS and a prospectus which shall summarize in layman's language the information contained therein.
§ 195-98 Decision by Planning Board.
A.
The Planning Board shall not approve a POS development in an established single-family neighborhood where, in its determination, such land use will be inconsistent with or will have a detrimental effect upon the surrounding property. If the Planning Board denies a POS based on this section it shall identify this as the reason for denial.
B.
Approval under this article does not relieve the applicant from conformance with the Subdivision Control Law.[1] No part of the construction of a POS shall begin until the plan of such development has been granted final approval by the Planning Board in accordance with the subdivision regulations.[2] The developer shall submit with the request for a POS an alternate plan(s) for developing the site as a conventional subdivision at the presubmission review and preliminary plan stages of the subdivision process which shall adhere to all subdivision requirements. The Planning Board may establish additional rules and regulations to govern the POS and the filing of additional material or information.