Hadley City Zoning Code
SECTION XV
Rate of Development
§ 15.1 Building permits.
Building permits for the construction of dwelling on lots held in common ownership on the effective date of this provision shall not be granted at a rate per annum greater than as permitted by the following schedule commencing in the year such lots are subdivided or in the year this provision becomes effective, whichever is later.
15.1.1.
Projects over 10 lots. For lots containing a total area of land sufficient to provide more than 10 dwellings at the maximum density permitted for the district in which such lots are located: 1/10 of the number of dwellings permitted to be constructed or placed on said total area of land based on said maximum permitted density.
[Amended 5-5-2005 ATM by Art. 18]
15.1.2.
Projects less than 10 lots. For such lots containing a total area of land insufficient to provide 10 or more dwellings at the maximum density permitted under these bylaws for the district in which such lots are located: one dwelling.
§ 15.2 Transfer of lots.
Any lots in a subdivision covered by this provision hereafter sold or otherwise transferred to another owner shall include in the deed the earliest date on which construction may be commenced in accordance with these provisions.
§ 15.3 Calculation.
The rate of development of a subdivision is established as a part of the evaluation of a definitive plan and shall be calculated as follows:
15.3.1.
Add the total acreage of all lots which, because of their size, restrictive covenants or conservation restrictions, cannot be resubdivided (the road system shall not included).
15.3.2.
Subtract from the total of § 15.3.1 above the nonbuildable land which, because of soil conditions or topography, is not buildable within the lots covered by § 15.3.1.
15.3.3.
Add to the result of §§ 15.3.1 and 15.3.2 above the allowable minimum lot size acreage for the district in which the subdivision is located for each lot which can be resubdivided. (For example, a three-acre lot in a 40,000 square feet zoning district will be considered 40,000 square feet for purpose of this calculation.)
15.3.4.
Divide the result of § 15.3.3 above by the minimum lot size allowable for the district in which the subdivision is located. The rate of development each year equals 10% of this number.
§ 15.4 Exemptions.
[Amended 5-5-2011 ATM by Art. 18]
This section shall not apply to lots created by divisions of land which are not subdivisions (as that term is defined in MGL c. 41, § 81L).
§ 15.5 Bylaw expiration.
[Amended 5-5-2005 ATM by Art. 18; 5-1-2008 ATM by Art. 24; 11-3-2011 STM by Art. 18]
This Rate of Development Bylaw shall expire on June 1, 2014; provided, however, that Town Meeting may, before June 1, 2014, extend this bylaw if Town Meeting finds, based on a report from the Planning Board or other Town board, official or committee, that an extension of the bylaw is necessary to address the Town's growth planning needs or resource-based problems.