North Andover City Zoning Code
ARTICLE 11
PLANNED DEVELOPMENT DISTRICT
§ 195-11.1 Jurisdiction.
The Planning Board may grant a special permit for construction of a planned development district (PDD) in the following district: I-S. The special permit shall conform to this bylaw and to MGL c. 40A, § 9, and to regulations which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the provisions of the Zoning Bylaw shall continue to govern.
§ 195-11.2 Purpose.
The purpose of the PDD District is to provide for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed, provided that said land usage:
A.
Does not detract from the livability and aesthetic qualities of the environment.
B.
Is consistent with the objectives of the Zoning Bylaw.
C.
Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains, and wildlife.
D.
Promotes diverse, energy-efficient housing at a variety of costs.
§ 195-11.3 Procedures.
A.
Pre-application conference. Prior to the submission of an application for a special permit, the applicant, at his option, may confer with the Planning Board to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.
B.
Submission of preliminary plans.
(1)
The applicant shall file a preliminary plan accompanied by the form titled "Submission of Preliminary Plan, Planned Development" to the Planning Board at a regularly scheduled meeting. A copy of the preliminary plan and the above form shall also be filed in the office of the Town Clerk. The Planning Board, within 60 days from receipt of the plan by the Town Clerk, shall review and determine whether the proposed project is consistent with the most suitable development of the Town. The Planning Board may suggest modifications and changes to the preliminary plan in anticipation of the filing of the definitive plan. If the Planning Board fails to act within 60 days, the applicant may proceed to file his definitive plan.
(2)
Contents of preliminary plan for planned development district:
(a)
Planned development boundaries, North point, date, scale, legend, and title "Preliminary Plan: Planned Development"; the name or names of applicants, and engineer or designer.
(b)
Names of all abutters, land uses, and approximate location and width of all adjacent streets.
(c)
In a general manner, the existing and proposed lines of streets, ways, easements, and of any public areas within or next to the planned development.
(d)
The approximate boundary lines of existing and proposed lots, with approximate areas and dimensions.
(e)
The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner.
(f)
Existing and proposed buildings, significant structures and proposed open space in a general manner.
(g)
An analysis of the natural features of the site, including wetlands, floodplains, slopes over 12%, soil conditions, and other features requested by the Planning Board.
(h)
A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD upon them.
(i)
A summary of environmental concerns relating to the PDD.
C.
Submission of definitive plan.
(1)
The applicant shall submit an application for a special permit accompanied by the original of the definitive plan plus 12 copies thereof.
(2)
Contents of definitive plan. The application for a special permit and site plan review shall be accompanied by the original copy of the definitive plan and other data required to be submitted in triplicate and shall contain the following data: All items in Subsection B(2), Contents of preliminary plan for planned development district [(a) through and including (i)], shall be incorporated.
(a)
It shall be drawn at a scale of one inch equals 40 feet unless another scale is requested and found suitable by the Planning Board.
(b)
The plan shall be prepared by a land surveyor, professional engineer, or architect.
(c)
The scale, date, and North arrow shall be shown.
(d)
The plan shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks, and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury.
(e)
The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked.
(f)
Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways.
(g)
Easements within the lot and abutting thereon.
(h)
The location of existing or proposed buildings on the lot.
(i)
The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features requested by the Planning Board.
(j)
The dimensions of the existing and proposed buildings in feet.
(k)
The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot.
(l)
Percent of the lot coverage.
(m)
Average finished grade of each proposed building.
(n)
The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building.
(o)
Existing and proposed topographical lines at two-foot intervals.
(p)
The use designation of each building or part thereof, and of each section of open ground, plaza, or usable roof space.
(q)
Numbering of parking spaces.
(r)
Height of all proposed buildings, above average finished grade of abutting streets.
(s)
Number of apartments, meeting rooms, and restaurant and theater.
(t)
Total square feet of floor space of all landscaped and recreation areas, and depiction of materials to be used (grass, five-foot shrubs, etc.).
(u)
Deed or other recorded instrument that shows the application to be the owner or owner under option of the land to be designated as a planned development.
§ 195-11.4 Minimum requirements.
The plan shall be subject to the following conditions and the Planning Board shall make a determination that the project meets all the following conditions:
A.
The project is consistent with the purposes set out in § 195-11.2.
B.
If more than 25% of the PDD is located within a residential district, at least 51% of the building area and accessory facilities in the PDD shall be used for residential purposes.
C.
Ingress and egress for traffic flow are designed properly so that there will be no serious hazard to vehicles or pedestrians.
D.
Adequate parking facilities are provided for each use and structure in the development.
E.
Major facilities or functions which require siting within scenic areas are designed to be visually compatible with the natural or historical characteristics.
F.
The project does not adversely affect the natural environment to the detriment of community character and public health and safety.
§ 195-11.5 Permitted uses.
In a planned development district, the following uses are permitted:
A.
Residential.
(1)
Detached one-, two- or three-family residential structures.
(2)
Apartment houses.
(3)
Townhouses.
B.
Business.
(1)
Restaurant.
(2)
Theater, museums.
(3)
General retail sales and service (except retail sales of automobiles, mobile homes, house trailers and except automobile service stations).
(4)
Banks and financial services.
(5)
Business and professional offices.
(6)
Personal services.
(7)
Recreation.
C.
Industrial use.
(1)
Any uses which the Planning Board determines are not injurious to the safety or general welfare of the area.
§ 195-11.6 Area regulations.
A.
PDD site area. No PDD shall be permitted on a site of less than 60,000 square feet.
B.
Usable open space. In all PDDs, at least 20% of the land shall be set aside as permanent usable open space, for the use of the PDD residents, or for all PDD users, or for the community. The required open space shall be conveyed to the Conservation Commission or to a nonprofit conservation organization, or to a corporation or trust representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by MGL c. 40A, § 9 for common open space in cluster developments. A covenant shall be placed on the land such that no part of the PDD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space.
C.
Setback requirements.
(1)
Insofar as the PDD abuts a residential district, all proposed structures and facilities within the PDD shall be set back not less than 25 feet from adjacent property lines or adjacent street lines where the PDD shall be separated or shielded from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate landscaping.
(2)
Notwithstanding anything to the contrary in this bylaw, an applicant for a planned development district special permit may propose a sign master plan for the district which, if approved by the Planning Board, may allow for signage which deviates from the specific sign requirements of the Zoning Bylaw, including § 195-6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of § 195-11.2, Purpose.
§ 195-11.7 Relation to Subdivision Control Law. [1]
Approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Law, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time period for Board consideration under that law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this Article 11 and the Board's regulations under the Subdivision Control Law.
[1]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.