A tract of land consisting of not less than five acres, within Zoning Districts Residential A and Farm and Forest serviced by Town water or sewer, may be developed for the construction of single-family dwellings under the Open Space Preservation Bylaw.

Development under open space preservation may only be authorized by a special permit granted by the Planning Board in accordance with MGL c. 40A, Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham, as most recently amended, and Planning Board Rules and Regulations Governing the Issuance of a Special Permit.

The number of building lots in a tract to be developed under the Open Space Preservation Bylaw shall not exceed the number of building lots of said tract permitted under the intensity of use regulation of the Raynham Zoning Bylaw, as most recently amended, and Planning Board rules and regulations, as most recently amended (conventional subdivision plan).

The natural landscape is preserved in large contiguous areas enhancing the likelihood of continuation of existing ecosystems.

Extensive topographic changes necessitating vegetation and tree removal are minimized.

Scenic views from public ways are preserved. All efforts shall be made to avoid driveway cuts on existing public ways.

Contiguity with preserved open space is provided for a large proportion of the lots having reduced lot area.

There is variation in lot sizes and building arrangements.

Open space is used to protect valuable natural environments such as stream valleys, outstanding vegetation or scenic views. Development of geographically unsuitable land is avoided.

The character of the neighborhood in which the tract lies is enhanced.

The development will improve pedestrian and vehicular safety within the site and will not cause unreasonable traffic congestion or unsafe conditions.

The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.

The site shall be developed in such a way as to preserve slopes in excess of 10%.

Roads shall be designed to follow the natural terrain of the site.

The open space may be used for active and passive recreation, conservation, forestry, agriculture, natural buffers, and/or structures necessary for approved uses subject to approval of the Planning Board.

Provision shall be made so that at least 40% of the tract of land shall remain open space. This shall not include land set aside for roads and/or parking spaces.

Where possible, existing trees and vegetation shall be preserved and integrated into the landscape design plan to ensure visual privacy between structures, abutting properties and neighborhoods.

No more than 30% of the required open space shall consist of wetlands as defined in MGL c. 131.

Open space shall be planned as large contiguous areas wherever possible but may be in more than one parcel, provided the size and shape of such parcels are appropriate and accessible for the intended uses as determined by the Planning Board.

No more than 20% of the open space shall be covered by man-made impervious surfaces. Natural-looking drainage areas may be included in the percentage of man-made impervious surfaces.

Affordable housing requirements. For every 10 lots created under the provisions of this article, one lot located within the development shall be made in perpetuity via deed restriction at terms affordable to persons or families qualifying as low- and moderate-income as defined by the Department of Housing and Community Development. Such lots shall be subject to the approval of the Planning Board. In lieu of the above restriction, the applicant may make a donation to the Raynham Housing Authority, said donation to be used for the development of affordable housing, in the amount of $50,000 for each lot removed from the restriction.

Ownership options. At the developer's request, but subject to approval by the Planning Board, all areas to be protected as open space shall be:

Permanent restriction. In any case where open space is not conveyed to the Town, a permanent conservation restriction or an agricultural preservation restriction shall be recorded to prevent future residential development of said parcel(s). A conservation restriction shall be in accordance with MGL c. 184, §§ 31 to 33, as most recently amended. An agricultural preservation restriction shall be in accordance with MGL c. 20, § 23, as most recently amended. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court prior to the conveyance of any building lot. A management plan may be required by the Planning Board which describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices.

Maintenance of open space. In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event that the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses.

Monumentation. Where the boundaries of the open space are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the open space.

Concept plan/preliminary plan. The plan must be prepared and stamped by a professional landscape architect in addition to a civil engineer or land surveyor, all registered in Massachusetts, and shall meet all the requirements of a preliminary plan as specified in the Raynham Subdivision Rules and Regulations. It shall also contain the following information:

Also required is a preliminary plan of a conventional subdivision to illustrate the number of lots which could be developed. The burden of proof shall be upon the applicant in determining the allowable number of building lots. The Planning Board reserves the right to challenge the status of any lot.

If the concept/preliminary plan is approved for an open space preservation development, the applicant shall submit a special permit application in conformance with the Planning Board Rules and Regulations Governing the Issuance of a Special Permit. The applicant shall submit a definitive plan in conformance with the latest edition of the Rules and Regulations Governing the Subdivision of Land, Raynham, MA.

In exercising its jurisdiction under this section, the Planning Board shall conform to all requirements and procedures applicable to a special permit granting authority when deciding requests for special permits under MGL c. 40A, as amended, including the requirements therein for public notice and hearings.

Public hearings for the special permit and definitive plan will be held concurrently when time requirements permit. In such an event, the hearing notice and a statement at the public hearing shall clearly identify both purposes and shall comply with the applicable requirements of MGL c. 40A and MGL c. 41, as amended. The Planning Board shall act separately on the special permit application and the definitive plan. The denial of the special permit shall preclude the approval of the definitive plan of an open space preservation development, but the grant of a special permit does not mean the approval of the definitive plan. Each action may include conditions and modifications. Concurrent hearing and action on the open space preservation development special permit and the definitive subdivision plan simplify the procedure and reduce costs. Such concurrent proceedings shall be utilized whenever practicable.

The Planning Board may grant a special permit under this article only if it finds that the open space preservation development proposal:

The Planning Board shall state the ownership and management of open space in its decision, and said open space ownership shall be recorded in the Registry of Deeds.

No lot shown on a plan for which a permit is granted under this article may be further subdivided, and this shall be so noted on the plan.

The special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown, and provided further that such construction once begun shall be actively and continuously pursued to completion within a reasonable time.

Restrictions and conditions.