Hudson City Zoning Code
ARTICLE XI
Open Space Development
§ 334-47 Purpose.
The purpose of open space developments is to preserve the rural and scenic character of Hudson by encouraging more efficient patterns of land development which conserve open and green spaces, farmland, wildlife habitats, water resources, scenic areas and other natural resources. It is also designed to provide for increased recreational opportunities and to promote greater neighborhood cohesion, without altering overall land use densities or land use patterns.
§ 334-48 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A form of land subdivision where lot size and other dimensional requirements and minimum road widths may be reduced in exchange for the permanent preservation or provision of proportional areas of open space, farmland, recreational land and other lands. An "OSD" shall adhere to the permitted uses and density requirements otherwise applicable to the district in which the "OSD" is located.
§ 334-49 Applicability.
OSDs may be located in any zoning district and may include any use or combination of uses permitted in the district in which the OSD is located.
§ 334-50 Density.
[Amended 3-12-2002 by Amdt. No. 7
Minimum density requirements for all uses in an OSD correspond with the minimum lot size requirements established in Article VII, Dimensional Requirements. Total open space provided as a part of an OSD application must be of sufficient land area, when added together with the total land area devoted to individual lots, to provide an overall density no greater than that which would be provided in a non-OSD development. To aid in evaluating the number of allowable lots, all OSD applications submitted to the Planning Board for review shall include both a preliminary, conventional subdivision plan and an OSD plan. The preliminary conventional plan shall, at a minimum, include the zoning district, proposed streets, driveways, lot lines, wetland delineation, wetland setbacks, and a table with calculations for each lot.
§ 334-51 Lot sizes.
The area of individual lots within an OSD may be reduced by up to 50% of the minimum lot size requirements established in Article VII, as provided herein.
A.
An area of land, equal to or greater than the difference between the size of each open space lot and the minimum lot size, shall be dedicated to permanent open space, conservation land or recreation land.
B.
No reduced area residential lots shall be arranged to front or abut preexisting streets, roads or highways.
C.
All subsurface sewage disposal and water supply requirements for individual or community systems shall be compiled with, or Town water and sewer shall be provided.
§ 334-52 Dimensional requirements.
[Amended 3-13-2001 by Amdt. No. 2]
Frontage and setback requirements for individual lots within an OSD may be reduced up to 50% of the minimum frontage and setback requirements established in Article VII, as provided herein, if approved by the Planning Board.
§ 334-53 Open space requirements.
The minimum open space requirement of § 334-50 may be provided through common land or individually owned land placed in permanent conservation or recreational easements or by other land use restrictions. The OSD shall comply with the following conditions:
A.
Only undeveloped land, landscaped green space or recreational areas may be included in the calculation of minimum open space requirement. Setback areas along the perimeter of the subdivision may not be included in the open space calculations.
B.
Roadways, driveways, rights-of-way, utility easements, parking areas and other developed areas, except for recreational paths, trails or facilities, may not be included as part of minimum open space requirements.
C.
Wetland(s), road rights-of-way, and slopes in excess of 25%, shall not be considered in the calculation of total lot area. The one-hundred-year floodplain areas shall not exceed 25% of the total land area of the OSD.
[Amended 3-9-1999; 3-12-2002 by Amdt. No. 8]
D.
Whenever possible, lots or dwelling units should be arranged to abut or have direct access to common open space or recreational land.
E.
Lots and open space should be arranged to preserve and protect prominent natural features, historic or archaeological resources, scenic vistas, surface water bodies and streams and other important natural and man-made landscape features.
§ 334-54 Compensatory open space.
A.
Off-site compensatory open space may be permitted at the discretion of the Planning Board where the land meets the following conditions:
(1)
The land is either comprised of prime farmland soils or it has been used for active agricultural purposes within the five years prior to the date of application;
(2)
It encompasses important wildlife habitats as recognized or approved by the Conservation Commission;
(3)
It consists of land with strong potential for providing needed recreational areas for future residents of the proposed development as well as for the Town as a whole;
(4)
It would serve to provide access to important surface or to protect groundwater resources; or
(5)
It encompasses other areas of exceptional scenic or historic value.
B.
Where compensatory open space is provided in lieu of on-site open space, the Planning Board may require the developed portion of the OSD to be adequately screened from adjacent properties.
§ 334-55 Road standards.
[Amended 3-13-2001 by Amdt. No. 2]
Minimum road and right-of-way widths may be reduced at the discretion of the Planning Board, where such reductions would result in development patterns more harmonious to the natural or man-made features of the site without sacrificing public convenience or safety. All roads within the open space plat shall be public roads.
§ 334-56 Procedures.
[Amended 3-12-2002 by Amdt. No. 9]
Except as otherwise provided for in this chapter, all single- or two-family OSD subdivisions must comply with the submission, review and approval requirements of Hudson's Land Subdivision Regulations.[1] Nonresidential or multifamily residential OSD shall comply with thesubmission, review and approval requirements of Hudson's Site Plan Regulations.[2] The Planning Board may adopt additional OSD subdivision or site plan review regulations to govern the review of common lands, private covenants, homeowners' association agreements and other pertinent issues.