a.

Definition of Open Space Residential Development (OSRD): A technique to build residential subdivisions that maximizes the amount of preserved open space and protects local resources while not reducing the number of units built compared to a conventional subdivision.

b.

The primary purposes for OSRD are the following:

(1)

To allow for greater flexibility and creativity in the design of residential developments;

(2)

To encourage the permanent preservation of contiguous open space, scenic vistas, agricultural land, forestry land, wildlife and rare species habitat, other natural resources and features, including aquifers, waterbodies, areas of critical environmental concern, and wetlands, and historical and archeological resources, in a manner that is consistent with the City of Newburyport Master Plan, City of Newburyport Strategic Land Use Plan and City of Newburyport Open Space Plan;

(3)

To encourage a more efficient and compact form of development that consumes less open land and natural materials and conforms to existing topography and natural features better than a conventional or grid subdivision;

(4)

To minimize the total amount of disturbance on the site;

(5)

To further the goals and policies of the City of Newburyport Master Plan, Strategic Land Use Plan and Open Space and Recreation Plan, as amended from time to time;

(6)

To facilitate the construction and maintenance of housing, streets, utilities, and public services in a more economic and efficient manner, that are in harmony with the historical land use patterns and architectural heritage of the City of Newburyport; and

(7)

To promote affordable housing through an incentive-based density bonus.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

Land area: Any proposed residential development in the City of Newburyport that is on a parcel of three (3) acres or more or on contiguous parcels totaling three (3) acres or more shall submit a special permit application to the planning board for an OSRD in accordance with the provisions of this section, which shall include an OSRD special permit (OSRD-SP) plan as described below. The applicant may also submit a preliminary conventional subdivision plan (CSP) at the same time in accordance with the rules and regulations governing the subdivision of land in the City of Newburyport. The planning board shall, in compliance with Massachusetts General Laws Chapter 40A, Section 9, hold a public hearing on the OSRD-SP application and a concurrent public hearing on the proposed CSP, if applicable. For subdivisions on less than three (3) acres in the R1, R2 and R3 districts an applicant may submit a special permit application for an OSRD in preference to filing a CSP. Any special permit application submitted under the provisions of this subsection that involves the subdivision of land shall also be subject to the approval of the planning board under the rules and regulations governing the subdivision of land in the City of Newburyport.

b.

Zoning classification: Only those tracts located in the following districts shall be eligible for consideration as an OSRD: AC, R1, R2, R3 and the Colby Farm Lane - Residential Overlay District (CFL-ROD). Residential Overlay Districts, such as the CFL-ROD, are intended to provide added incentives for open space protection due to the unique ecological, cultural, and/or aesthetic characteristics of the properties within the overlay district.

c.

Contiguous parcels: To be eligible for consideration as an OSRD, the total tract shall consist of one parcel or set of contiguous parcels including those parcels separated by a public right-of-way. Properties containing land area in nonresidential districts may use the land area within non-residential districts in meeting the open space requirements. Only the lot area zoned for residential uses shall be used for purposes of establishing a determination of yield under section XIV-G. Under an OSRD-SP plan, properties within the BUS-1 district may also locate residences and appurtenances within that area without having to obtain any other special permit or use variance.

d.

Land division: To be eligible for consideration as an OSRD, the proposed OSRD-SP must involve either (i) a subdivision, (ii) a division of land not subject to the subdivision control law (Approval Not Required) pursuant to M.G.L. c. 41, § 81P, and/or (iii) a condominium on land not so divided or subdivided.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

The planning board may authorize an OSRD pursuant to the grant of a special permit. The planning board will act as the special permit granting authority for all OSRD applications. Such special permits shall be acted upon in accordance with the provisions of section XIV, sections X-H.7 (Special Permit) and X-H.8. (Special Permit Procedures) of the City Newburyport Zoning Ordinance.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

a.

Conference: The applicant for an OSRD-SP is strongly encouraged to attend a preapplication conference at a regular business meeting of the planning board. If one is requested, the planning board shall invite a representative of the conservation commission, board of health, and the open space committee. The purpose of a preapplication conference is to attempt to streamline the formal application process, to minimize the applicant's costs of engineering and other technical experts, and to commence discussions with the planning board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed OSRD and the yield based on a conventional subdivision buildout, seek preliminary feedback from the planning board and/or its technical experts, and set a timetable for submittal of a formal application. With the consent of the applicant, and at the expense of the applicant, the planning board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for an OSRD special permit.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

a.

At the time of the application for an OSRD-SP, applicants are required to demonstrate to the planning board that the following four-step design process was performed by a certified landscape architect (LA), or by a qualified design team (QDT) of which one member must be a certified LA (QDT), and considered in determining the layout of proposed streets, house lots, and open space.

i.

Step one: Identifying conservation areas and the potentially developable area. The certified LA or QDT shall first identify and delineate two categories of conservation areas at the site, as follows: (1) Primary conservation areas, consisting of those areas protected by federal, state, or local laws, including but not limited to wetland resource areas, areas of critical environmental concern, outstanding resource waters, estimated rare species habitat (as designated by natural heritage and endangered species program), flood hazard areas, and floodplains; and (2) Secondary conservation areas, consisting of those elements of the natural landscape that are not protected by law, but the maintenance of which in their natural state would provide environmental, aesthetic, pastoral, historical, or other value to the environment or community, such as steep slopes (typically greater than twenty-five (5) percent), mature woodlands (noninvasive trees with caliper of twenty inches or greater measured at four (4) feet), wetland buffer zones, vernal pools, prime farmland and prime agricultural soils, large open meadows, critical wildlife habitats, priority habitats (as designated by natural heritage and endangered species program) and important cultural features such as historic and archeological sites, stone walls, heritage landscapes, scenic views or other unique geological features. The certified LA or QDT shall then delineate the potentially developable areas (PDA), which, to the maximum extent feasible, shall consist of land outside identified primary and secondary conservation areas.

ii.

Step two: Locating house sites. Within the PDA, the certified LA or QDT shall then locate the approximate sites of individual houses or structures and delineate the private yards and shared amenities, so as to reflect an integrated neighborhood that conforms to the existing topography and natural features.

iii)

Step three: Aligning the streets and trails. The certified LA or QDT shall then align streets to access the house lots and lay out sidewalks and walking trails to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

iv)

Step four: Lot lines. If applicable the certified LA or QDT shall then delineate the lot lines according to subsection XIV-H of this section.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

a.

Application: An application for an OSRD-SP, or for an amendment thereto, shall include a sketch plan and a conventional subdivision yield plan, as follows:

i.

Sketch plan. The sketch plan shall be prepared by a certified landscape architect or QDT, and shall reflect and incorporate the four-step design process set forth in subsection XIV-E above, and the design standards set forth in subsection XIV-J below, and shall also include the information listed in the subdivision rules and regulations to the extent applicable.

ii.

Conventional subdivision yield plan. The conventional subdivision yield plan shall depict the basic number of lots/dwelling units as described in subsection XIV-G below.

b.

Local board/officials: Whenever an application for an OSRD-SP or amendment thereto is filed with the planning board, the applicant shall submit, within five (5) working days of the filing of the completed application, twenty (20) copies of the application to the planning office, including the accompanying OSRD-SP plan and supporting documentation. The city planner will distribute copies of the complete application to the planning director, board of health, conservation commission, building inspector, department of public services, police chief, fire chief, and open space committee for their consideration, review, and report. Such reviewing boards and officials are encouraged to submit a written report, with any comments or recommendations, to the planning board within thirty-five (35) days of their receipt of the complete application. In the event that the public hearing by the planning board is commenced prior to the expiration of the thirty-five-day period, the planning board shall continue the public hearing to permit the formal submission of said reports within the thirty-five-day period. The final written decision of the planning board shall contain an explanation for any departures from the recommendations of any reviewing board or official. The planning board shall render a decision on the special permit application within sixty-five (65) days from commencement of the public hearing unless the applicant consents to an extension. The planning board shall render a final, written decision within thirty (30) days from the close of the public hearing.

c.

Public hearing: The planning board shall, in compliance with Massachusetts General Laws Chapter 40A, Section 9, hold a public hearing on the OSRD-SP application. The applicant may also submit a conventional subdivision plan (CSP) at the same time as the application for an OSRD-SP in general accordance with the rules and regulations governing the subdivisions of land in the City of Newburyport. After the public hearing, but before the planning board renders a decision, the applicant shall inform the planning board, in writing, whether he/she desires to withdraw the OSRD-SP application or to pursue a final decision. In the event both an OSRD-SP plan and a CSP are submitted (i) the planning board shall hold concurrent public hearings on both plans; (ii) after the public hearing, but before the planning board renders a decision, the planning board shall inform the applicant which plan it considers most beneficial to the city; and (iii) the applicant shall then elect and advise the board in writing which plan he or she wishes to pursue

d.

Site visit: Whether or not conducted during the preapplication stage, the planning board may conduct a site visit during the public hearing process. At the site visit, the planning board and/or its agents shall be accompanied by the applicant and/or his or her agents if requested by the applicant.

e.

Technical experts: The planning board may engage technical experts, at the applicant's expense, as reasonably necessary in connection with its review of the applicant's proposed plan(s) and associated reports.

f.

Other requirements: The procedural and substantive special permit requirements set forth in this section shall be in addition to any other requirements of the Subdivision Control Law (Massachusetts General Laws Chapter 41) and other provisions of this section.

g.

Relationship between the OSRD-SP Plan and OSRD definitive subdivision plan (OSRD-DSP) or OSRD site plan review (OSRD-SPR):

i.

The issuance of an OSRD-SP (approving an OSRD-SP plan) precludes the need for a preliminary subdivision plan and authorizes the applicant to submit an OSRD-DSP to the planning board for approval under the rules and regulations governing the subdivision of land in the City of Newburyport or, in the case of proposed condominiums on a lot(s) not being divided or subdivided, an OSRD-SPR to the planning board under City of Newburyport Zoning Ordinance section XV.

ii.

Any such OSRD-DSP or OSRD-SPR shall substantially comply with the approved OSRD-SP plan. The OSRD-SPR and application for approval thereof shall satisfy the requirements of section XV of the City of Newburyport Zoning Ordinance and shall contain such additional information as required by the planning board under subsection XIV-M below.

iii.

An OSRD-DSP or OSRD-SPR shall be considered not to substantially comply with the OSRD-SP plan if the planning board determines that any of the following changes exist:

(1)

An increase in the number of building lots or dwelling units;

(2)

A decrease in the open space acreage or significant change in configuration;

(3)

A significant change in the house lot or road layout and design;

(4)

A significant change in the overall development pattern;

(5)

A significant change to the storm water management facilities; and/or,

(6)

A significant change in the wastewater management systems.

iv.

If the planning board determines that the OSRD-DSP or OSRD-SPR does not substantially comply with the OSRD-SP plan or special conditions included in the approval, the board may disapprove the OSRD-DSP or OSRD-SPR.

v.

The planning board may conditionally approve an OSRD-DSP or OSRD-SPR that does not substantially comply with the OSRD-SP plan so long as the proposed changes are consistent with the purposes and intent of this section. However, such conditional approval must identify where the plan does not substantially comply with the OSRD-SP plan and shall be conditional upon the applicant applying for, and the planning board granting, an amendment to the OSRD-SP such that the revised OSRD-SP plan is consistent with the significant changes identified by the planning board. The conditional approval shall also require that the applicant file its application for an amendment to the OSRD-SP within a specified time period.

vi.

The public hearing on the application for an amendment to the OSRD-SP shall be limited to the significant changes identified by the planning board in their conditional approval of the OSRD-DSP or OSRD-SPR. The planning board may only review and consider factors and impacts associated with the significant changes in deciding whether to grant an amendment to the OSRD-SP.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

a.

Determination of yield: The basic maximum number or density, hereinafter, "basic maximum number", as described herein, shall be derived from and delineated on a conventional subdivision yield plan (CSYP). In the case of a site being divided or subdivided, the CSYP shall show the maximum number of lots or units that would be deemed buildable upon the site under a conventional subdivision process according to the reasonable application of the rules and regulations governing the subdivision of land in the City of Newburyport and all other applicable state and local rules and regulations. At a minimum, the CSYP shall show lot configuration, street layout, footprints of structures, setbacks, topography, wetland resource areas, and general location of stormwater management structures. The applicant shall have the burden of proof with regard to the basic maximum number of lots or units. The planning board may request further information related to the proposed yield, including but not limited to an approved wetland and resource delineation (including an abbreviated notice of resource area delineation, soil tests and percolation tests). The determination of yield shall set the basic maximum number of lots (or dwelling units) that may be included in the OSRD-SP, not including increased units allowed under subsection XIV-L of this section.

b.

Determination of yield within CFL-ROD: Notwithstanding any provision to the contrary, properties within the CFL-ROD are required to establish a determination of yield based on the requirements listed in section XIV-G(a) using dimensional regulations applicable to the R-2 district.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

The planning board may modify lot size, shape, frontage, setbacks and other dimensional requirements for lots within an OSRD, subject to the following limitations:

(1)

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the planning board may waive this limitation to the extent it determines that such waivers will substantially further the purposes and intent of this section.

(2)

At least fifty (50) percent of each required setback for the applicable zoning district shall be maintained in the OSRD; provided, however, that the planning board may further reduce the applicable setbacks to the extent it determines that such reduction(s) will substantially further the purposes and intent of this section.

(3)

Minimum lot size shall be ten thousand (10,000) square feet; provided, however, that the planning board may reduce this minimum lot size to the extent it determines that such reduction(s) will substantially further the purposes and intent of this section.

(4)

The OSRD may consist of a combination of single-family, two-family and multifamily residential structures without filing for a special permit under subsection V.D. In the R1, R2, R3 and any residential overlay districts, a multifamily structure shall not contain more than four (4) dwelling units. In the AC district, a multifamily structure shall not contain more than two (2) dwelling units.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

i.

Minimum open space:

a.

In the R1 and R2 districts a minimum of sixty (60) percent of the tract shown on the OSRD-SP plan shall be open space and must be preserved as such in perpetuity in accordance with this subsection.

b.

In the R3 district a minimum of fifty (50) percent of the tract shown on the OSRD-SP plan shall be open space and must be preserved as such in perpetuity in accordance with this subsection.

c.

In the AC district a minimum of seventy-five (75) percent of the tract shown on the OSRD-SP plan shall be open space and must be preserved as such in perpetuity in accordance with this subsection.

d.

In the CFL-ROD a minimum of eighty (80) percent of the tract shown on the OSRD-SP plan shall be open space and must be preserved as such in perpetuity in accordance with this subsection.

e.

The minimum open space requirements may be reduced from sixty (60) percent to fifty (50) percent in the R1 and R2 districts if the planning board determines that the project provides significant public benefits including, but not limited to:

• A recordable preservation restriction on historic structures;

• A recordable deed restriction for affordable housing;

• Public access to a waterfront; or

• Other public benefits that further the purpose and intent of this section.

ii.

Ratio: At least fifty (50) percent of the total uplands on the site shall be included in the open space set aside under 9(a)(1). Uplands shall not include wetland buffer zones or riverfront area as defined by the Wetlands Protection Act. The planning board may allow a reduction of this upland ratio if it furthers the purposes and intent of this section.

iii.

Contiguous: The open space shall be contiguous. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or right-of-way. The planning board may allow two (2) separate open space areas that are disconnected if it furthers the purposes and intent of this section.

iv.

Accessible: The open space shall be to greatest extent practicable accessible to the general public and not for the exclusive use of a homeowners association or nonprofit organization. For open space maintained for active agricultural purposes public access may be limited or completely excluded.

v.

Uses of open space: The open space shall be suitable for and protected and maintained for wildlife habitat, conservation, historic preservation (landscapes and/or accessory structures), outdoor education, passive and active outdoor recreation (except that active recreation shall be discouraged in the AC district), park purposes, agriculture, horticulture, forestry, and/or a combination of these uses. It shall also be served by suitable access for such purposes. The planning board may permit up to five (5) percent of the open space to be paved (pervious "paving" materials are encouraged) or built upon for structures accessory to the dedicated use or uses of such open space (for example, pedestrian walks and bike paths). Parking areas and areas used for vehicular access or egress shall not constitute open space.

vi.

Wastewater/stormwater structures: At the discretion of the planning board subsurface wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required unless these systems are determined by the planning board to be "soft" (non-structural), natural-like stormwater management systems that do not create impervious surfaces, enable infiltration, and that are otherwise compatible with the contemplated uses of the adjacent open space.

vii.

Long-term protection: The open space shall be subject to a recorded conservation restriction enforceable by the city providing that such land shall be perpetually kept in an open state, preserved exclusively for the purposes set forth herein, and maintained in a manner which will ensure its suitability for its intended purposes shall be conveyed to one or more of the following:

(1)

The city 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 individually (for agricultural or conservation purposes only) or jointly or in common by the owners of lots within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lot(s) in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust that shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the city to perform maintenance of such open space and facilities if the trust or corporation fails to provide adequate maintenance and deemed to have granted the city an easement for this purpose. In such event, the city shall first provide fourteen (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 city may perform it. The trust or corporation shall be liable to the city for the reasonable expenses associated with such maintenance performed by it. 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.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

The following general and site specific design standards shall apply to all OSRDs and shall govern the development and design process:

i.

General design standards:

(1)

The landscape should be preserved in its natural state. Tree and soil removal shall be minimized and saved trees shall be protected during construction. Native and noninvasive trees with a caliper greater than twenty (20) inches (measured at four (4) feet) shall not be removed unless such removal is consistent with the purposes and intent of this section. Any grade changes shall be in keeping with the general appearance of the neighboring undeveloped and developed areas. Individual building sites shall be oriented so as to maintain scenic vistas, maximum natural topography, and to take advantage of natural drainage patterns.

(2)

Streets shall be designed and located in such a manner as to: Maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. Particular attention shall be paid to seamlessly integrating new streets into the existing street pattern as appropriate.

(3)

All proposed landscaping shall be designed to complement and add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties and public ways.

(4)

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized, whether these exist on the site or on adjacent properties.

(5)

All aspects of new construction, including but not limited to building materials, fenestration, roof pitch, height, façade proportion, fences, roof features (i.e. dormers, atriums, turrets, eave breaks, skylights), door placement, porches, decks and trim details, shall be compatible with the architectural heritage of the City of Newburyport. Developments within the Newburyport National Register Historic District shall be required to meet a higher standard of compatibility with existing, historically recognized architectural styles.

(6)

Variable lot sizes and lot shapes are encouraged as is a mix of housing types and house sizes to reduce monotony and repetition.

(7)

Roof massing shall be consistent with recognized historic roof patterns.

(8)

Garages shall be recessed at least five (5) feet from the front building wall of the house. Side entry and detached garages are strongly encouraged.

(9)

The planning board may issue building form guidelines to help clarify the design standards listed in this subsection.

ii.

Site specific design standards:

(1)

Parking. Each dwelling unit shall be served by two (2) off-street parking spaces. Parking spaces in front of garages may count in this computation. All parking areas with greater than four (4) spaces shall be screened from public view. Nonimpervious surfaces are encouraged.

(2)

Buffer areas. A buffer area of at least one hundred (100) feet shall be provided from natural and/or recreational resource areas such as wetlands, intermittent streams, agricultural or recreational fields, and land held for conservation purposes, except as noted below. A two hundred-foot buffer shall be maintained from perennial streams, except to the extent otherwise permitted by the Newburyport Conservation Commission. No native or noninvasive vegetation in this buffer area shall be disturbed, destroyed, or removed, except for normal maintenance of structures or in connection with landscaping approved by the planning board as part of the project. The planning board may waive these buffer requirements to allow smaller buffer areas and/or to allow the crossing of such buffer areas by driveways necessary for access and egress to and from the tract, to the extent it determines that smaller buffers or such driveway crossings will substantially further the goals of this section XIV and otherwise be in the best interests of the community Any such waiver decisions shall be made in consultation with the conservation commission where the commission's jurisdiction is applicable.

(3)

Drainage. The planning board shall encourage the use of "soft" (non-structural) natural stormwater management techniques (such as rain gardens and open grass and bio-retention swales) and other drainage techniques that do not create impervious surface and that enable infiltration where appropriate. Stormwater should be treated at the source to limit non-point source pollution. Water conservation measures, including but not limited to the use of rainwater retention systems, such as rain barrels and cisterns for water irrigation purposes, are also strongly encouraged.

(4)

Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a landscape plan. The landscape plan shall not include invasive plant species and shall include species that are drought tolerant and provide habitat value. Native plant species are strongly encouraged. In ground sprinkler systems are strongly discouraged.

(5)

Common/shared driveways. A common or shared driveway may serve a maximum number of four (4) dwelling units. The planning board may increase this number if it determines that a larger number will substantially further the purposes and intent of this section and otherwise be in the best interests of the community.

(6)

On-site pedestrian and bicycle circulation. Walkways and/or bicycle paths shall be provided to link residences with parking areas, existing trails and streets, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.

(7)

Disturbed areas. Not more than fifty (50) percent of the total tract shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state. The planning board may allow a greater area of temporary disturbance to the extent it determines that doing so will substantially further the purposes and intent of this section and otherwise be in the best interests of the community.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

The planning board may grant an OSRD-SP if it determines that the proposed OSRD has less detrimental impact on the tract and advances further the interests of the community than a conventional development plan (CDP) for the tract, after considering the following factors:

i.

Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a CDP;

ii.

Whether the OSRD promotes permanent preservation of open space, scenic vistas, agricultural land, forestry land, wildlife and rare species habitat, other natural resources and features, including aquifers, waterbodies, areas of critical environmental concern, and wetlands, and historical and archeological resources in a manner that is consistent with the City of Newburyport Master Plan, City of Newburyport Strategic Land Use Plan and City of Newburyport Open Space Plan;

iii.

Whether the OSRD promotes a more efficient and compact form of development that consumes less open land and natural materials and conforms to existing topography and natural features better than a CDP;

iv.

Whether the OSRD reduces the total amount of disturbance on the site as compared with a CDP;

v.

Whether the OSRD furthers the goals and policies of the City of Newburyport Master Plan, City of Newburyport Strategic Land Use Plan and City of Newburyport Open Space Plan as amended from time to time;

vi.

Whether the OSRD facilitates the construction and maintenance of housing, streets, utilities, and public services in a more economical and efficient manner than a CDP;

vii.

Whether the OSRD special permit plan and other supporting documentation complies with all provisions of this section XIV;

viii.

Whether the proposed construction of housing, landscape and streetscape is in harmony with the overall architectural heritage and historic character of the City of Newburyport; and

ix.

If applicable, whether the OSRD meets the affordable housing requirements as compared to a CDP.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

i.

In the AC district the planning board may award a density bonus of one (1) dwelling unit if eighty-five (85) percent of the original tract is set aside as open space or if the planning board determines that the project provides significant public benefits including, but not limited to:

• A recordable preservation restriction on historic structures;

• A recordable deed restriction for affordable housing;

• Public access to a waterfront;

• Other public benefits that further the purpose and intent of this section.

ii.

In the R1 and R2 districts the planning board may award a density bonus of one (1) dwelling unit if seventy (70) percent of the original tract is set aside as open space or if the planning board determines that the project provides significant public benefits including, but not limited to:

• A recordable preservation restriction on historic structures;

• A recordable deed restriction for affordable housing;

• Public access to a waterfront;

• Other public benefits that further the purpose and intent of this section.

iii.

In the R3 district the planning board may award a density bonus of one (1) dwelling unit if sixty (60) percent of the original tract is set aside as open space or if the planning board determines that the project provides significant public benefits including, but not limited to:

• A recordable preservation restriction on historic structures;

• A recordable deed restriction for affordable housing;

• Public access to a waterfront;

• Other public benefits that further the purpose and intent of this section.

b.

In the CFL-ROD district, the planning board at its discretion may award a density bonus for an OSRD to increase the number of dwelling units beyond the basic maximum number. All projects within the CFL-ROD which provide either: 1) at least eighty-five (85) percent protected open space; or 2) deeded public access to, and improvements on, the protected open space, may be permitted an increase in permissible density of twenty-five (25) percent beyond the basic maximum number to a maximum density of twenty-five (25) units excluding the required percent of affordable housing units.

c.

In the AC, R1, R2, R3, and CFL-ROD districts, excluding units required under the Inclusionary Affordable Housing Ordinance, for every one dwelling unit restricted to occupancy for a period of not less than ninety-nine (99) years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the commonwealth's department of housing and community development, the planning board may award a density bonus of two (2) market-rate dwelling units; provided, however, that this density bonus, in aggregate with other density bonuses, shall not exceed twenty-five (25) percent of the basic maximum number.

(Ord. of 6-13-05(3); Ord. of 7-19-06; Ord. of 11-26-18)

a.

The planning board may after notice and hearing adopt rules and regulations to implement the provisions of this section XIV, including but not limited to specifying the content and number of required plans, application procedures, filing and review fees, design criteria, development standards, and other general requirements consistent with this section.

(Ord. of 6-13-05(3); Ord. of 7-19-06)

For additional information regarding the minimum affordable housing requirements applicable to all OSRD projects, regardless of any density increases awarded pursuant to section XIV-L, see section XXX, entitled "Inclusionary affordable housing."

(Ord. of 11-26-18)