Raynham City Zoning Code

To provide an alternative housing opportunity for persons 55 years of age and older.

To provide an attractive and suitable residential environment that is more amenable to the needs of people in their later years.

To encourage creative and innovative site planning and design, in order to enhance the attractiveness and suitability of this alternative housing type, and to better meet the specific housing needs of this segment of the population.

To encourage the preservation of common land for open space and recreational use by promoting the highest and best utilization of land in harmony with its natural features, and to retain the rural character of the Town.

The minimum tract of land upon which an ARC may be constructed shall contain at least 20 acres and shall be serviced by Town water and Town sewer. An ARC may be allowed in Industrial and Business Districts by special permit.

Development of an ARC may be authorized by a special permit granted by the Planning Board in accordance with MGL c. 40A and the Planning Board Rules and Regulations Governing the Issuance of a Special Permit. Since such proposed development must constitute a subdivision, the proposed subdivision plan shall also conform to the Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham, as most recently amended. The Planning Board has the authority to waive requirements of the Planning Board Rules and Regulations Governing the Subdivision of Land in Raynham, as most recently amended, and the Planning Board Rules and Regulations Governing the Issuance of a Special Permit where such action is in the public interest and not inconsistent with the intent and purpose of the regulations being waived.

There shall be no more than two primary residents allowed in an ARC unit. In the event the primary residents need a full-time primary caregiver, there may be more than two residents. In the event the parents of the primary residents need to reside with their child, there may be more than two residents.

Density for ARC units.

All lots shall comply with the dimensional requirements below:

An ARC development shall not be located within a 5,000-foot radius from another ARC development.

The ARC must have a homeowners' association, whose homeowners' association documents and bylaws must be approved by the Raynham Planning Board through Town Counsel. The bylaws must contain language which enforces the 55 and over age restriction and all deed restrictions.

The streets within the ARC shall permanently remain private, and they shall not be extended. The homeowners' association shall maintain all streets within an ARC. The ways shall not be proposed for acceptance as a public street upon completion and shall be private ways in perpetuity.

The lots shall obtain access from the private ways if, and only if, ownership of the lot provides automatic membership in a homeowners' association which is responsible for all maintenance and snow removal of or from the private way. The homeowners' association or entity shall retain all rights to the private ways.

Perpetual easements in favor of all appropriate utility providers, including but not limited to water, sewer, cable, gas, and telephone, shall be granted to allow access to and maintenance of public utilities, as appropriate, prior to Planning Board endorsement of the definitive subdivision plan.

No recreational vehicles, campers, nonmotorized or motorized boats, trailers or the like shall be parked or stored at an ARC home. The ARC development must provide a reasonable storage area for recreational vehicles, campers, nonmotorized or motorized boats. This area shall be screened from residential properties within and adjacent to the ARC.

Each unit shall not have more than two registered vehicles parked in the driveway of an ARC unit. No unregistered vehicles shall be parked in the driveway of an ARC unit. No on-street parking is allowed on an ARC roadway.

Upon the approval of the Planning Board and the Fire Chief, common driveways may be used in an ARC. Common driveways must be placed only on the lots serviced by the common driveways.

An ARC development shall provide visitor parking at rate of 0.5 parking space per unit. If an ARC development has clubhouse parking, then the clubhouse parking will fulfill the visitor-parking requirement. If the ARC development does not have a clubhouse with parking, then the ARC development shall provide a visitor parking lot.

The main entrance to the ARC shall be a boulevard with no individual driveways off of the first 200 feet of the entrance.

Not more than 30% of the required common land shall consist of bordering vegetated wetlands as defined in MGL c. 131 and the regulations promulgated thereunder, as most recently amended.

Common land may be set aside in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses as allowed by the Planning Board.

The common land shall include adequate upland access from a private way or ways within the ARC.

The common land shall be dedicated and used for natural resource protection, passive and active recreation, park purposes, outdoor education, agriculture, horticulture, forestry, or for any combination of such uses. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the common land, which are not delineated herein.

The common land may be subject to easements for the construction, maintenance, and repair of utility and drainage facilities serving the ARC or adjacent parcels.

Not more than 20% of the common land shall be covered by man-made impervious surfaces. Natural-looking drainage areas shall not be included in the percentage of man-made impervious surfaces.

The common land shall be conveyed at no cost to a corporation or trust owned by the owners of the dwelling units within an ARC (homeowners' association) and may be placed under a conservation restriction. Ownership of the appropriate percentage of the common land shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the common land and other facilities to be held in common until such time as the homeowners' association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the common land and any other common facilities. The Planning Board shall approve the form of ownership and the documentation creating the common land prior to approval of a special permit.

A restriction may be required that must be recorded to prevent future residential development of said parcel(s). Said restriction shall not apply to that portion of the common land used for community facilities. If a conservation restriction is used, it shall be in accordance with MGL c. 184, §§ 31 to 33, as most recently amended. Restrictions shall provide for periodic inspection of the common land by the Town, if necessary. Such restriction shall be submitted to the Planning Board prior to approval of the project and shall be 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. Such management plan shall be submitted to the Planning Board prior to approval, if required.

Within the ARC, adequate access shall be provided to each dwelling unit; said access shall be convenient and appropriate for residents and emergency services.

To the greatest extent possible, open spaces, house sites, streets and house lots shall be designed with due respect to natural landscape features, scenic views, topography, soils, and natural drainage patterns.

All utilities shall be installed underground.

An ARC must provide, as part of the common land, a screening zone along its entire perimeter. The screening shall be 75 feet in width to all abutting properties that are either zoned residential or currently having a residential use. In all other cases, at the discretion of the Planning Board, the screening may be reduced to not less than 25 feet. The screening shall not contain any structures and shall be left in its natural state; however, the screening zone may be used for the placement of utility easements and/or primary roadway servicing the ARC. The primary roadway shall not be within 75 feet of a residential property. The Planning Board shall require that the screening provide visual screening. The screening shall include natural vegetation, plantings, walls, fences or vegetated earthen berm to provide a visual screening barrier between the development and the abutting properties.

Within the ARC, there shall be community facilities provided which shall be available to all residents and their guests.

The sewer mains, hydrants, and water mains within the private right-of-way shall be owned by the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, and the appropriate easements shall be granted to the Town of Raynham, Raynham Center Water District or North Raynham Water District, as the case may be, within the private ways so that they may service and maintain their property.

The ARC shall conform to the requirements for a self-contained retirement community as established by MGL c. 151B, § 4, together with any amendment thereto.

Presubmission meeting. Prior to submission of the special permit application to the Planning Board, the applicant is required to meet with the Town Planner to review the proposed development of the parcel of land, in order to explore general conditions involving the site and to discuss potential problems. Proposed plans shall be professionally prepared and show the critical features of the ARC plan.

Application for special permit and concept plan/preliminary plan.

Is consistent with the general purpose and objectives of this bylaw;

Is in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood;

Is consistent with the purposes of § 350-18.1;

Has a proposed layout of private ways, lots and structures which is designed in harmony with the intent and purpose of this bylaw;

Has a proposed layout and use of the common land which is appropriate in relation to the proposed dwelling units in the ARC, adjoining open space, topography, soils, and other characteristics of the tract of land in question; and

Complies with the requirements of this bylaw, other applicable requirements of the Zoning Bylaw and any regulations and guidelines promulgated thereunder and, where applicable, the construction and design standards of the Raynham Subdivision Rules and Regulations.