The Littleton Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant Special Permits for development under the provisions of this article.

The SPGA may grant a Special permit for development of a qualified parcel of land in a unified manner as an Open Space Development.

A Special Permit may be granted only if the SPGA determines that the open space is no less beneficial to the Town than a conventional subdivision of the same property. The SPGA may grant a special permit for an Open Space Development only upon finding that such use is in harmony with the general purpose and intent of the Zoning Bylaw and that the proposal meets the specific provisions set forth under § 173-100 of the Zoning Bylaw. In granting the special permit, the SPGA may also adopt conditions, safeguards and limitations concerning the use of the property associated therewith, including limitations on open space use.

All residential projects involving the subdivision of 10 acres or more of land shall submit application for Open Space Development and conform to the requirements of this section.

The Planning Board shall make a determination for all projects involving the subdivision of 10 acres or more of land pursuant to § 173-96. The Planning Board will either approve the Open Space development concept or waive the application to allow conventional subdivision concept.

Preapplication Review. Before submitting a formal application for a Special Permit under this article, the applicant is encouraged to meet with the Planning Board, Board of Health, and Conservation Commission to present the general concept of the development, and hear the concerns of the Town officials that should be considered in the design of the development

Subdivision Plan. Granting of a Special Permit under the provisions of this article provides only that the open space conforms to the zoning bylaw. Subdivision approval is also required in accordance with the Subdivision Control Law and the Planning Board Subdivision Regulations for the laying out of ways, installation of municipal services, and the creation of lots within the Open Space Development. If the development is undivided, or divided in such a way as not to require subdivision approval under the Subdivision Control Law, the development shall be subject to all of the design requirements of the Planning Board Subdivision Regulations as if each structure were on a separate lot, and determination of compliance with these requirements shall be part of the site plan review.

Site Plan Review. Site Plan Review by the Planning Board is an integral part of the Open Space Development approval process and shall be conducted prior to any construction or grading on the property.

Request for Determination. A Request for Determination shall be submitted to the Littleton Conservation Commission prior to or concurrent with submittal of the Special Permit Application to the SPGA.

Plan Review Submission. The Applicant shall provide the SPGA with 10 sets of a completed application, meeting the submission requirements of § 173-98. The SPGA shall submit such application to the Board of Health, Conservation Commission, Select Board, Fire Department, Police Department, Tree Warden, and Department of Public Works for review and comment. Each board shall have 35 days after receipt of the applications to complete such review and comment.

A development statement describing the development program, including number of units, type of units, floor area, number of bedrooms, ground coverage, and areas of residential development and common open space as percentages of the total open space area.

A preliminary environmental analysis as defined by the Planning Board Subdivision Rules and Regulations for a Preliminary Subdivision.

Development plans including the following:

Planned use of and access to open space.

Marketing Program including anticipated price schedule of units, target market sectors, and anticipating timing of development and sales. Market studies prepared by outside consultants are strongly recommended, but not required.

Construction schedule, including staging program if applicable, with estimated start and finish dates of each stage, anticipated completion date of community facilities serving the development, and planned completion date of entire development.

Management program outlining the community organization, if any, and the transition procedure from developer management to community association management.

Development team qualifications, including names, addresses and resumes of the development company, development managers, architects, engineers, landscape architects, land planners, other consultants and participants, and all general partners. Resumes must include lists of all developments in progress or completed within five years by each participant.

Financial program, including names and addresses of participating financial institutions, a description of the type of sources of equity funding, and bank references for the developers and general partners.

A list of all property owners within the Open Space Development tract, and proof of site control by the developer. Proof of site control may include deeds, option agreements, purchase and sale agreements, development partnership agreements, or other documents that establish the right of the developer to plan and develop the property if granted an Open Space Development Special Permit.

In an Open Space Development, dwellings and accessory buildings should be arranged in groups that do not detract from the ecological and visual qualities of the environment, and are harmonious with the existing neighborhood. The review shall consider whether the size of the planned open space is such that preservation of desirable open space of the vicinity is maximized.

Prior to the granting of a Special Permit under this article, the developer shall execute and deliver to the SPGA a binding agreement, which may state that it is contingent on the granting of the permit, to convey and restrict the open space in accordance with the terms of the Special Permit.

The Planning Board may approve or approve with conditions, a Special Permit for Open Space Development, provided that the Board determines that the plan complies with all relevant requirements of the Zoning Bylaw, and is on balance no less beneficial to the Town than the development likely without such approval, taking into consideration the following, among other concerns.

Following the submittal of an application for a Special Permit under this Article, the developer shall not perform or permit to be performed any cutting of trees on the site or any excavation other than test pits prior to the SPGA's final action. Any test pits so dug or existing prior to the application, which are located in the proposed open space, shall be filled to the preexisting grade prior to the granting of the Special Permit. Failure to fulfill this requirement shall be deemed grounds for denial of the Special Permit.

Within Aquifer or Water Resource Districts, wastewater disposal facilities shall not serve more than one dwelling unit per 40,000 square feet land area of the portion of the development within such districts.

Units shall be single-family detached.

Community recreation facilities serving the development.

Offices and maintenance facilities for the open space community association and its management organization.

Construction offices and sales offices, for the open space only, until the last approved unit is initially sold.

Normally acceptable accessory uses and facilities incidental to the principal uses.

Except as modified by Subsection B below, the maximum number of dwelling units in an Open Space Development shall be calculated via a Density Yield Plan. A Density Yield Plan shall show the number of building lots that can be developed by right in a conventional subdivision under the zoning requirements of the Zoning By-Law (other than the Special Permit provisions under this Article XIX, Open Space Development) and all applicable land use regulations in the district (including wetlands protection), and complying with the Subdivision Rules and Regulations, as demonstrated by a preliminary subdivision density yield plan. The applicant must further certify that each lot identified on the Density Yield Plan can support the placement of an on-lot septic system for a four bedroom resdiential dwelling, as evidenced by a soils and percolation tests, consistent with Title 5. Such Density Yield Plan shall be submitted with the Open Space Development special permit application and shall be subject to the review and approval of the Planning Board. The applicant is encouraged to submit such material to the Planning Board office early in the development process, prior to submittal of a completed application, for verification and acceptance of the proposed development density.

The number of dwelling units that may be constructed in an Open Space Development may be increased by the Planning Board if it finds that the developer has incorporated into the Open Space Development significant areas of scenic woodland or agricultural lands along public road frontage that may otherwise have been developed into "Approval Not Required" (ANR) lots prior to the submittal of the Open Space Development, and if the Planning Board finds that the proposed Open Space Development protects this significant roadway frontage in the open space to be protected in perpetuity under the provisions of the Open Space Development bylaw. The number of dwelling units to be added to the calculation in Subsection A shall not exceed two times the number of ANR lots that could have been developed prior to the submittal of the Open Space Development, but that are instead included in the protected open space area.

Height. The maximum allowed height of any building or structure within an Open Space Development shall be 32 feet, as defined in the zoning bylaw definitions, but the height at any point shall not be more than 1/2 of the horizontal distance from any boundary of the open space or of any preexisting public way.

Yards. No minimum lot area, frontage, or yard requirements apply within an Open Space Development, except that no building shall be erected within 40 feet from any boundary lines of the open space or of any preexisting public way.

Coverage. Total impervious area, including buildings, parking and other paved areas, shall not exceed 30% of the area of the Open Space Development tract. More severe standards may apply in Aquifer or Water Resource Districts as defined in other articles of this chapter.

Reserved open space shall be defined by deed, and placed under permanent conservation restriction. Open space shall either be conveyed to the Town and accepted by it for park or open space use; conveyed to a nonprofit organization the principal purpose of which is the conservation of open space, or conveyed to a corporation or land trust owned by the owners of the lots or residential units within the development, which corporation or land trust shall have lien authority to collect dues from its owners.

Provisions shall be made in the open space trust arrangements to allow and encourage the use of open space for active agriculture, forestry, or passive recreation.

All roads, except driveways, within an Open Space Development shall be designed and constructed to Planning Board standards for subdivision streets.

Buildings in the Open Space Development may be grouped around a common driveway and parking area, provided the SPGA determines that the design of the driveway and parking area provides safe and adequate access to the dwellings.

Subsequent to issuance of a Special Permit and approval of a Definitive Subdivision Plan, minor revisions may be made from time to time in accordance with applicable law, bylaws, and regulations, but the open space approved under such Special Permit shall otherwise be in accordance with the approved Special Permit.

The developer shall notify the SPGA in advance of any such revision, which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor, it shall order that an application for a revised Special Permit be filed, and a public hearing be held as required for an original application.

This article does not waive any development regulations or procedures that would be applied to a conventional subdivision, except those that are specifically defined in this article. M1 overlay zoning districts, such as Aquifer Protection, Floodplain, and Wetlands, shall apply to parcels developed under this article.

The Planning Board may waive any of its subdivision regulations that may be waived under the Subdivision Control Law. Variances from this article may be granted only by the Board of Appeals under the provisions of M.G.L., Chapter 40A.