Conventional subdivision plan submitted by the applicant.

Information provided by the applicant indicating the development potential of the land.

The following equation. The variables for total parcel area and wetlands shall be entered in square feet. When the total number of lots calculated by the equation results in a fraction, the total number of lots shall be rounded down.

The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development.

The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.

The site design shall preserve and, where possible, enhance the historic and natural features of the property, including scenic views, by adapting the location and placement of structures and ways to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding properties.

The site design shall identify and ensure preservation of significant and special historic and natural features, and use of § 210-117.2, Lots with Historic Structures, shall be considered as a mechanism to do so, where appropriate.

The nature of the soils and subsoils shall be suited for the intended purposes based upon the Soil Conservation Guidelines. This determination shall focus upon but shall not be limited to the locations, design and construction of roadways, buildings and surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation.

Anticipated storm water runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.

Proper soil erosion and sedimentation control measures shall be employed to prevent sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body or fresh water wetland, proposed filling, cutting, clearing or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas.

Areas to remain as naturally existing woods, fields, meadows and wetlands shall be maintained and may be improved in accordance with good conservation practices.

Common open space shall be planned as large, contiguous units wherever possible. Strips of narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter.

Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.

No more than 20% of the common open space shall be covered by man-made impervious surfaces.

Common open space may be used for active and passive recreation, conservation, forestry, agriculture, natural buffers, structures necessary for approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board.

If detention and/or retention ponds are necessary for the construction of the improvements shown on the subdivision plan, such detention and/or retention ponds shall not be located within the common open space shown on such plan. The Planning Board may waive this requirement if the Board finds that the integrity and significance of the open space and the benefit of the open space to the Town are not compromised, and that the open space created conforms with the intent and purpose of this article. In no case, however, shall permanent clearing for drainage improvements or utilities, including detention and/or retention ponds, exceed 5% of any common open space parcel.

There shall be a buffer at the perimeter of the site consisting of trees, shrubs, vegetation and topographic features sufficient to separate and/or screen the development from abutting properties. This buffer shall be no less than 100 feet in width. The buffer shall be considered common open space. Upon a finding by the Planning Board that a buffer of lesser width would be sufficient to screen and/or separate the development from adjacent property, or would allow a historic structure to be preserved the buffer may be reduced. If, however, the perimeter of the site abuts a Business (B), Downtown Business (BD), Rural Business (BR) or Industrial A (IA) or Industrial B (IB) zoning district, the Planning Board may require the buffer area abutting a B, BR, IA or IB District to be greater than 100 feet in order to ensure adequate separation and/or screening from the abutting commercial zoning districts.

The Board may require no-cut easements, conservation restrictions or the like where the buffer requirement has been reduced. These easements and restrictions shall be on private property, shall not be considered a buffer and shall not be included in common open space calculations.

Retention and/or detention ponds may be permitted in the buffer area upon approval of the Planning Board. Structures shall not be permitted in the buffer area.

Buffer areas shall remain substantially in their current natural state; provided, however, that such areas may include new trails and trailhead parking areas as may be approved by the Planning Board.

The applicant for an open space and landscape preservation development special permit shall first submit 10 copies of a concept plan as outlined below. The applicant shall also submit a sketch plan at the same scale showing how development of the parcel would be achieved by a conventional subdivision plan, in accordance with all applicable land use regulations. All applications for a special permit under this section shall be referred by the Planning Board to the Board of Health, Conservation Commission and other board/agency/department for its review and comments within 14 days of its submission to the Planning Board. Any such board or agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Planning Board and the applicant within 35 days of receipt of the referral request from the Planning Board or there shall be deemed to be no opposition or desire to comment. The Planning Board shall not act upon said special permit until either comments from referred boards or agencies have been received or said 35 days from the date of the referral request have elapsed, whichever is sooner. A public hearing shall be held in conformance with MGL, c. 40A, § 9.

Concept plan. All applicants for open space and landscape preservation development special permits shall submit a concept plan prepared by a professional landscape architect registered in Massachusetts. The concept plan shall contain the following information, in addition to the requirements of a preliminary plan as specified in the Hopkinton Subdivision Rules and Regulations, Section 5.2, and information sufficient to illustrate and establish that the concept plan standards and special permit criteria of this section have been met:

Special permit criteria. The special permit shall be granted only if the Planning Board finds each of the following:

If the open space and landscape preservation development special permit is granted, the applicant shall submit a plan in conformity with the requirements and procedures for definitive plan submission and review under the Subdivision Rules and Regulations of the Planning Board. In accordance with MGL c. 41, § 81R, the applicant may request a waiver from the Subdivision Rules and Regulations if such action is in the public interest and consistent with the intent and purposes of this article, the Subdivision Control Law, and the special permit. The Planning Board then shall review the aspects of the open space and landscape preservation development with regard to its compliance to the Subdivision Control Law, and hold a public hearing as required by MGL c. 41, § 81T. The overall concept shall only be reconsidered if there is substantial variation between the definitive plan and the concept plan. A substantial variation shall be defined as an increase in the number of lots, a decrease in the open space acreage, a change in the layout which causes dwelling units or roadways to be placed closer to a dwelling unit within 500 feet of the project and/or a change in the development pattern which adversely affects natural landscape features and open space. If the Planning Board finds that a substantial variation exists, it must hold a public hearing on the modifications of the concept plan.

The concept design review fee will be calculated as the preliminary plan design review fee in the Hopkinton Subdivision Rules and Regulations. The definitive plan design review fee will be calculated as the definitive design review fee in the Hopkinton Subdivision Rules and Regulations.