Rockland City Zoning Code
ARTICLE IX
Planned Residential Development for Seniors
§ 415-60 Conditions of permitted use.
Planned Residential Development for Seniors (PRDS) may be allowed in appropriate area of any approved R-1 Residence, R-2 Residence, R-3 Residence, or R-4 Residence District by Special Permit only from the Planning Board as the Special Permit Granting Authority (SPGA), and must meet the following development standards.
§ 415-61 Purpose.
To provide necessary housing for seniors 55 years of age or older in order to retain valuable familial and monetary resources to the Town.
§ 415-62 Definition and occupancy qualification.
A PRDS is a development maintained and/or operated as a single unit, containing attached or detached buildings intended for housing persons aged 55 years or older, within the meaning of MGL c. 151B and 42 U.S.C. § 3607, and operated in compliance with the regulations of said statutes and corresponding regulations. Residents of a PRDS shall all be 55 years of age or older, provided, however, that the SPGA may grant a waiver from this requirement for a spouse who is less than 55 years of age.
§ 415-63 General size of PRDS.
A.
Plot and lot sizes and dimensions, and the location and height of buildings, if meeting the standards of this bylaw, may be freely disposed and arranged provided the construction conforms to comprehensive plans approved, pursuant to this bylaw, by the SPGA. In reviewing and approving all plans, the SPGA, in addition to the standards set forth herein, shall utilize the Town standards of subdivision control as well as the opinions of the Town Engineer, the Town Planning Consultant and the Town Water and Sewer Consultants. The SPGA shall have full power to require modifications in the plan submitted by any applicant.
B.
No tract, parcel or lot, or tracts, parcels or lots shall contain less than 10 upland acres (non-wetland) of adjoining and contiguous land and shall contain sufficient access to a State Highway or to the Town road system as designated on the official or zoning map of the Town of Rockland as amended. For the purpose of this section, internal streets, proposed roads and rights-of-way shall not be deemed to divide acreage of a PRDS. The land within a PRDS that is granted a Special Permit under this section shall not be further subdivided, unless and until the Special Permit lapses.
[Amended 5-4-2009 ATM, Art. 23]
§ 415-64 Planning and design.
The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent deemed feasible by the SPGA:
A.
Minimize obstruction of scenic views from publicly accessible locations.
B.
Preserve unique natural or historical features.
C.
Minimize tree, vegetation and soil removal and grade changes.
D.
Maximize open space retention.
E.
Maximize buffers to wetlands and water bodies.
F.
Maximize recreation amenities.
G.
Screen objectionable features from neighboring properties and roadways.
§ 415-65 Dimensional requirements.
A.
Boundary line setback requirements. All buildings, structures and uses shall be set back no less than 25 feet from all external streets.
B.
Internal street setback requirements. All buildings and structures for principal or accessory non-residential uses shall be set back no less than 25 feet from any public or private street within a PRDS.
C.
Minimum lot width: 110 feet.
D.
Maximum building area: 60% of the total upland land coverage.
E.
Distance between buildings: 25 feet between the sides of buildings, and 50 feet between the backs of buildings.
F.
Perimeter buffer area: 30 feet. The buffer area shall remain in its natural condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon.
§ 415-66 Building and dwelling unit requirements.
A.
No building or structure shall have a height greater than 36 feet or three stories.
B.
Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called "townhouse" style, and no building shall contain more than four units. No mobile homes shall be allowed.
C.
Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan.
D.
Multiple buildings shall be allowed on a single lot.
E.
Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.
§ 415-67 Land use density.
§ 415-68 Total number of PRDS units in Town.
The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued (and for which the Special Permits remain in effect) to exceed 500 units in the Town of Rockland.
§ 415-69 Open space.
A.
Each PRDS shall develop and maintain the following required open space: One square foot of open space for each one square foot of total gross floor area of the PRDS, but in no event shall the total amount of open space be an area less than 40% of the gross upland (non-wetland) area. Areas occupied by a detention or retention basin shall not be included in the computation of required open space.
B.
Computation. Any required open space may include common recreation areas and required buffer areas (if upland) for computation purposes.
§ 415-70 Circulation and off-street parking requirements.
A.
Two parking spaces shall be provided for each unit in reasonable proximity to the dwelling, or in garages, plus four visitor parking spaces for every 10 units. The SPGA may require additional parking in proximity to any clubhouse or other facility serving residents in common.
B.
No parking shall be allowed on streets or ways within the PRDS.
C.
Parking areas, including maneuvering space for parking and loading areas, shall not be located in the thirty-foot perimeter buffer areas.
§ 415-71 Streets.
A.
Roads and driveways within a PRDS shall meet such width, grades, radius or curvature and construction standards as the SPGA shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the SPGA to meet site conditions and design requirements.
B.
The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways through proper layout, location, design and detailing of facilities and dwellings.
C.
The development shall have access on roads having sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic generated by the site, when added to the existing traffic stream.
§ 415-72 Other improvements.
A.
All utility improvements including storm drainage systems, sanitary sewage collection and disposal and water supply systems shall be in accordance with the standards and procedures as established by other local, county, and state regulations. Said improvements shall be subject to review and approval by the Town Engineer and Town Boards, as well as appropriate county and state agencies.
B.
Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Said service shall be provided as part of an underground system.
C.
The development shall provide drainage and utilities functionally equivalent to that provided under the subdivision rules and regulations.
D.
Drainage shall be designed so that the rate of run-off shall not be increased, groundwater recharge is maximized, surface and ground water quality is maintained, and neighboring properties will not be adversely affected. The SPGA may require that existing problems on/or adjacent to the site be mitigated as a condition of approval of a Special Permit under this section. Open-air drainage facilities shall have a minimum thirty-foot landscaped buffer where abutting residential structures.
E.
All exterior lighting shall meet the provisions of the subdivision rules and regulations.
§ 415-73 Review procedures.
A.
The SPGA shall establish and publish a schedule of fees for the review of a PRDS.
B.
Whenever an application for a Special Permit is filed with the SPGA under this section, the SPGA shall transmit within 10 days of the filing of the completed application, copies of the application and other documentation to the Town Clerk and to the Zoning Board of Appeals, Water Commission, Sewer Commission, Board of Health, Conservation Commission, Building Department, Highway Department, Fire Department, Police Department, Town Engineer, Town Counsel, and Board of Selectmen for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant upon submittal. Any such reviewing party to which Special Permit applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the SPGA and to the applicant. Failure of these reviewing parties to make recommendations within 35 days after having received copies shall be deemed a lack of opposition thereto.
C.
The SPGA may require the applicant to provide projections of traffic impacts, to aid the SPGA in determining whether the grant of the Special Permit would serve the purposes of the bylaw.
D.
The SPGA may engage, at the expense of the applicant, professional, technical, and/or legal consultants to review the application, pursuant to MGL c. 44, §§ 53G and 53E 1/2.
§ 415-74 Ownership of common land.
Required open space shall be set aside as common land. Said common land shall either be conveyed in whole or in part to the Town of Rockland and accepted by it for park or open space use, or be conveyed to a nonprofit organization whose principal purpose is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of the dwelling units within the PRDS. The SPGA shall approve the form of ownership of the common land. The conveyance of conservation trail easements for the benefit of the public shall be encouraged, where appropriate. If the common land or any portion thereof is not conveyed to the Town of Rockland, a perpetual restriction, approved by the SPGA and enforceable by the Town of Rockland, shall be imposed on the use of such land, providing in substance that the land be kept in its open or natural state and that the land shall not be built upon or developed or used except in accordance with the provisions for a PRDS and, if applicable, as further specified in the decision of the SPGA governing the individual PRDS. At the time of its conveyance, the common land shall be free of all encumbrances, mortgages, tax liens or other claims, except as to easements, restrictions and encumbrances required or permitted by this bylaw.
§ 415-75 Affordable units.
At least 10% of the total number of units in the PRDS shall be developed as affordable housing for persons of low or moderate income, as defined under the regulations of the Department of Housing and Community Development, and shall meet the requirements for Local Initiative Program (LIP) units or otherwise qualify so as to be included in the computation of the total of affordable housing units in the Town of Rockland under the provisions of MGL c. 40B, §§ 20 to 23. The affordable units shall be marketed through a housing organization approved by the SPGA, and shall be subject to resale restrictions that assure continued affordability in perpetuity. The applicant shall submit copies of proposed deed riders and covenants to impose resale restrictions, conforming to state regulatory requirements for affordable units.
§ 415-76 Time limits for construction.
A Special Permit granted under this section shall lapse if construction has not begun within two years, or has not been completed within four years, from the date on which the decision of the SPGA is filed with the Town Clerk (not including time required to pursue or await the determination of an appeal pursuant to MGL c. 40A, § 17), except for good cause.
§ 415-77 Assurance of performance.
The SPGA may require as a condition of approval that building permits shall not be issued until all internal roadways, municipal services, and other required improvements shall have been completed, unless such completion has been secured by the deposit of a sum of money or negotiable securities sufficient in the opinion of the SPGA to secure said completion, and the applicant has entered into an agreement for the application of said funds to the cost of completion.
§ 415-78 Operation and maintenance.
The maintenance and repair of internal roads and driveways, snow plowing, landscape maintenance, trash removal, utility services and maintenance and repair of other common elements and facilities serving the residents shall be the sole responsibility of the owner of the PRDS or, if dwelling units are separately owned, of an association of the owners of the dwelling units, who shall be required to be members of said association. The SPGA may require the applicant to present copies of covenants and restrictions to be imposed on unit owners to assure their membership in the association. The Town of Rockland shall not be responsible whatsoever for the items listed herein, or any other project maintenance.