Northbridge City Zoning Code
ARTICLE XIV
Flexible Development
[Added 10-22-1996 ATM, Art. 24]
§ 173-80 Special permit required.
The Planning Board may, upon the grant of a special permit in accordance with the provisions in this article, modify dimensional requirements otherwise required in this chapter for lots within a flexible development.
§ 173-81 Purpose.
The purpose of this Article XIV, Flexible Development, is to encourage the presentation of open land for its scenic beauty and to enhance agricultural, open space, forestry and recreational use; to preserve historical and archaeological resources; to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to perpetuate the appearance of Northbridge's traditional New England landscape; to allow landowners a reasonable return on their investment; to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner; and to promote the development of housing affordable to low- and moderate-income families.
§ 173-82 Applicability.
Any creation of five or more lots, whether a subdivision or not, from a parcel or set of continuous parcels held in common ownership and located entirely within the R-1 or R-2 Districts, may proceed under this Article XIV, Flexible Development, pursuant to issuance of a special permit by the Planning Board, as indicated in § 173-12, Table of Use Regulations. Such special permits shall be acted upon in accordance with the following provisions.
§ 173-83 Procedures.
Applicants for flexible development shall file with the Planning Board six copies of the following:
A.
A development plan conforming to the requirements for a preliminary subdivision plan under the Subdivision Regulations of the Planning Board.[1] Such plan shall indicate proposed topography, wetlands and, unless the development is to be sewered, the results of deep soil test pits and percolation tests at the rate of one per acre, but in no case fewer than four per flexible development. Where wetland delineation is in doubt or dispute, the Planning Board shall require the applicant to submit to the Conservation Commission a request for determination of applicability pursuant to MGL C. 131, § 40, and 310 CMR 10.05(3). The Planning Board shall refer data on proposed wastewater disposal to the Board of Health for its review and recommendation.
[1]
Editor's Note: See Ch. 222, Subdivision of Land.
B.
Any additional information required by the Planning Board to make the determination and assessments cited herein.
§ 173-84 Determination of density.
Based on the information submitted pursuant to § 173-83 above, the Planning Board shall determine the maximum number of dwelling units allowed on the premises. The maximum number of units shall be limited to the number of single-family dwelling units that could be constructed in an orthodox subdivision on the site in full conformance with all zoning, subdivision and other applicable state and local regulations and without the proposal of extraordinary engineering measures. Where the maximum number of units is in doubt or dispute, the determination of the Planning Board (and its consulting engineer) shall be conclusive for all purposes.
§ 173-85 Modification of lot requirements.
The Planning Board may authorize modification of lot size, shape and other bulk requirements for lots within a flexible development, subject to the following limitations:
A.
Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved.
B.
Each lot shall contain not less than 1/2 of the area required in the district in which the lot is located and have frontage of not less than 50 feet.
C.
Each lot shall have at least 50% of the required yards and 25% of the lot width in the district in which it is located.
§ 173-86 Open space requirements.
A minimum of 30% of the parcel shown on the development plan shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the flexible development. Not more than 25% of such open space shall be wetlands, as defined pursuant to MGL C. 131, § 40.
A.
The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry or for a combination of these uses and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon, provided that 10% of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks and bikepaths.
C.
Underground utilities to serve the flexible development site may be located within the required open space.
D.
The required open space shall, at the owner's election, be conveyed to:
(1)
The Town of Northbridge 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;
(3)
A corporation or trust owned jointly or in common by the owners of lots within the flexible development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots is perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust which 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 Town of Northbridge to perform maintenance of the open space and facilities, if the trust or corporation fails to provide adequate maintenance and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 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 Town may perform it. The owner of each lot shall be deemed to have assented to the Town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the Town of same. 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 in the Registry of Deeds.
E.
Any proposed open space, unless conveyed to the Town or its Conservation Commission shall be subject to a recorded restriction enforceable by the Town providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
§ 173-87 Buffer areas.
All dwellings and structures shall be located a minimum of 50 feet from adjacent properties. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, except where adjacent to agriculturally used property.
§ 173-88 Decision.
The Planning Board may approve, approve with conditions or deny an application for a flexible development in accordance with § 173-47 of the Zoning Chapter and after assessing whether the flexible development better promotes the objectives of Article XIV, herein, than would orthodox development.
§ 173-89 Relation to other requirements.
The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[1] or any other provisions of this Zoning Chapter.
[1]
Editor's Note: See MGL C. 41, § 81-K et seq.
