Minimum tract size. Cluster developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way.

Number of building lots permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, "building lot" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and the applicable laws of the Commonwealth of Massachusetts relating thereto. In making the determination of the number of allowable lots, the Board shall require that the applicant provide evidence, satisfactory to the Board, that the number of lots shown on the cluster development plan is no greater than the number of lots that could otherwise be developed. Such evidence shall include but not be limited to the materials specified in Subsection 5152 herein.

Dimensional requirements. Where the requirements of this section differ from or conflict with the requirements of Article 2000, the requirements of this section shall prevail. The following minimum dimensional requirements shall be observed in all cluster developments:

Minimum perimeter buffer. To provide a buffer between a cluster development and surrounding properties, no structure shall be located within 100 feet of the overall perimeter boundary. A lesser buffer may be approved when, in the opinion of the Planning Board, such requirement would prohibit the use of this bylaw due to the shape, topography, or other physical constraints of the property.

Water quality protection. To provide adequate dispersion of contaminated water originating on a cluster development, each applicant for a special permit shall demonstrate to the satisfaction of the Planning Board, Board of Health and Conservation Commission that the concentration of substances in surface water and groundwater from the development shall nowhere exceed the concentrations that would be expected from the development that would otherwise be allowed on the tract.

Preservation of natural site features. Natural site features shall be preserved by minimizing disturbance to existing vegetation and by minimizing changes to existing topographic conditions on the site.

Relation of buildings to environment. Proposed buildings shall be related harmoniously to the terrain and to the use, scale and proportions of existing buildings in the vicinity that have a functional or visual relationship to the proposed buildings.

Interrelationship of buildings. The proposed buildings shall be related harmoniously to each other with adequate light, air, circulation, privacy and separation between buildings.

The common land shall be used for open space, conservation, agriculture, outdoor recreation or park purposes and shall be maintained and groomed by the owner in a manner appropriate for such use and in accordance with the purpose of this bylaw. The common land shall be in one or more parcels of a size, shape and location appropriate for its intended use as determined by the Planning Board. The common land shall be selected in order to maximize the value of wildlife habitat, shall be contiguous to the extent required to preserve significant habitat, and shall be configured to minimize the perimeter to surface area ratio in order to preserve large blocks of undisturbed land. The common land shall be left in an undisturbed, natural state. The common land shall remain unbuilt upon, except that a maximum of 5% of such land may be devoted to paved areas or structures accessory to active outdoor recreation and consistent with the open space use of the land. Such structures or paved areas may not be constructed on floodplain, wetland, slopes in excess of 10% grade, or ledge outcroppings. Provision shall be made so that the common land shall be readily accessible to all lots within the cluster development that do not abut the common land. Each parcel of common land shall be provided with at least one means of access at least 20 feet in width, leading from a public or private way. Such means of access shall be identified on the cluster development site plan submitted with the special permit application.

The ownership of common land shall either be conveyed to the Town of Sudbury and accepted by it for open space, conservation, agriculture, outdoor recreation or park use, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots within the development. In all cases of ownership, a perpetual restriction of the type described in MGL c. 184, §§ 31 to 32 (including future amendments thereto and corresponding provisions of future laws), running to or enforceable by the Town shall be recorded for all common land. Such restriction shall provide that the common land shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, outdoor recreation or park purposes. Such restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the common land as the Planning Board may deem appropriate.

In the case where the common land is not conveyed to the Town of Sudbury and in order to ensure that the corporation, trust or nonprofit organization will properly maintain the common land, an instrument shall be recorded at the Middlesex South Registry of Deeds which shall, at a minimum, provide:

A cluster development site plan showing, as a minimum, all of the information required for a definitive subdivision plan, as specified in the Town of Sudbury Subdivision Rules and Regulations, as amended, and showing the following additional information: a hydrogeologic description of the suitability of the site and all of its subareas for development of potable water supply; soil characteristics as shown on Natural Resources Conservation Service maps; resource areas as defined by MGL c. 131, § 40, including delineation of the official wetland area boundaries as accepted by the Sudbury Conservation Commission; existing floodplain boundary lines; proposed location of dwellings, all setback lines, garages, driveways, lighting, signs; proposed and existing wells and septic systems on the parcel and abutting properties; existing and proposed grades of the land; existing perimeter of trees; proposed landscape features (such as fences, walks, planting areas, type, size and location of planting materials, methods to be employed for screening); the proposed use of the common land, including improvements intended to be constructed thereon; and the proposed ownership of all common land and any other information required by the Planning Board.

Preliminary subdivision plan showing the development of the tract under the provisions of the Zoning Bylaw without regard to this section. Such plan shall generally conform to provisions described in the rules and regulations governing the subdivision of land for a preliminary subdivision plan. Drainage design and calculations are not necessary. Such plan shall be accompanied by a report from the Board of Health, stating which lots on said plan contain soil conditions suitable for subsurface sewerage disposal in accordance with rules and regulations of the Town of Sudbury and applicable laws of the Commonwealth of Massachusetts. Said plan shall also delineate the official wetland area boundaries and areas of the site potentially suitable for development of potable water supply consistent with the provisions of this section.

Copies of all instruments to be recorded with the cluster development site plan, including the proposed common land deed and, if applicable, the trust document(s) or organizational articles of the corporation and perpetual restriction.

Appointment of Design Review Committee. The Planning Board may, for purposes of reviewing cluster subdivision plans, appoint a Design Review Committee numbering at least three professionals in the fields of land planning, landscape architecture, or engineering to act in a review capacity to the Planning Board during the approval process of the cluster subdivision.

Special permit conditions. The Planning Board shall grant a special permit for a cluster development if it appears that the granting of such permit will be consistent with the intent of cluster development and will result in suitable development in compliance with the standards enumerated in this bylaw. The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this bylaw.

Common land conveyance. If a special permit is granted under this section, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest, security interest, liens or other encumbrances and subject to a perpetual restriction of the type described above, prior to any construction or alteration of the land. The petitioner shall provide satisfactory assurance of said conveyance recording in the form of copies of the recorded instruments bearing the recording stamp.

Changes of cluster development plan. Any change in the number of lots, the layout of ways, any significant changes in the common open land, its ownership or use, or in any conditions stated in the original special permit shall require that a new special permit be issued in accordance with the provisions of this Section 5100.

Limitation of subdivision. No lot shown on a plan for which a permit is granted under this section may be further divided so as to reduce the area of any lot for the purpose of creating an additional building lot(s) and a condition to that effect shall be shown on the recorded plan and on each deed conveying building lots on said plan.

Minimum tract size. Flexible developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way.

Number of building lots permitted. The total number of building lots in a flexible development shall be equal to the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations, possessing suitable soils for the construction of a single-family wastewater disposal system as determined by the Board of Health, and sufficient upland, buildable area to sustain a single-family home.

Dimensional requirements. Where the requirements of this section differ from or conflict with the requirements of Article 2000, the requirements of this section shall prevail. The following minimum dimensional requirements shall be observed in all flexible developments:

Single dwelling per lot. No more than one single-family dwelling and its accessory structures and uses may be located on a lot created under this flexible development section.

Restriction against further development. No flexible development for which a special permit has been issued under this section may be further subdivided. A notation to that effect shall be made on the definitive plan prior to endorsement by the Planning Board and recording in the Registry of Deeds or the Land Court. In addition, a perpetual restriction, running with the land, and enforceable by the Town of Sudbury, shall be recorded with respect to the land within the flexible development. Such restriction shall provide that no lot in the flexible development may be further subdivided into additional building lots. Said restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the lots as the Planning Board may deem appropriate.

All applications for flexible development shall require subdivision approval pursuant to MGL c. 41, and shall conform to the preliminary or definitive plan requirements and all design and construction standards in the Rules and Regulations Governing the Subdivision of Land, as may be amended.

Traffic circulation and safety would be improved through a reduction in length of streets or creation of fewer or better located or designed driveways and street egresses from the development onto existing streets.

Visual intrusion would be reduced by preserving some visual buffering between proposed dwellings and previously existing streets.

Protection of natural features would be accomplished by reducing the volume of cut and fill for roads and construction sites; reducing the area of vegetation displaced or disturbed; or reducing the area of environmentally sensitive lands disturbed by construction.

Maintaining water quality within Water Resource Protection Overlay Districts would be achieved by reducing the number of on-site wastewater disposal systems or the amount of impervious surfaces within the development.

Recreation and conservation needs would be promoted by reserving common land in a condition appropriate to meet those needs.

Tract qualifications. At the time of granting a special permit by the Planning Board, the property under consideration for an SRC shall be located on one or more contiguous parcels, whether or not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres.

Age qualification. An SRC shall constitute housing intended for persons of age 55 or over within the meaning of MGL c. 151B, § 4, Subdivision 6, and 42 U.S.C. § 3607(b)(2)(C), and in accordance with the same, 100% of the dwelling units in a senior residential community shall each be owned and occupied by at least one person 55 years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in an SRC, a two-year exemption shall be allowed for the transfer of the unit to another eligible household.

Applicant qualifications. The applicant for a special permit for an SRC shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such special permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development.

Number of dwelling units permitted. The maximum number of dwelling units in an SRC shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations for which district the parcel is located within, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single-family home. In Village Business Districts and Research Districts, a minimum lot area of 40,000 square feet and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% which is underwater land or wetland resource as defined in MGL c. 131, § 40, or in Chapter 283, the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of five bedrooms shall be permitted. The number of bedrooms shall determine the number of units, pursuant to Subsection 5336 below, with the maximum number of bedrooms in any unit being less than or equal to three.

Perimeter buffer. A 100-foot wide buffer between an SRC and abutting properties is required around the entire SRC perimeter; provided, however, that access roads and pedestrian paths may cross the buffer at the discretion of the Planning Board, and the Planning Board may otherwise reduce the width of the buffer to no less than 50 feet at appropriate locations, taking into account the character or open space use of abutting properties or the existence or requirement of buffer thereon. The perimeter buffer shall remain in a natural state to preserve the visual character of the parcel being developed. The perimeter buffer may be included in open space computations.

Building and dwelling unit requirements. The following requirements shall apply to all buildings and dwelling units in a senior residential community:

Accessory buildings and structures. In an SRC, accessory buildings and structures may be permitted, including clubhouse, swimming pool, tennis court, cabanas, storage and maintenance structures, garages, and other customary accessory structures. Accessory buildings and structures shall be shown on the site plan.

Parking. Two parking spaces shall be provided for each dwelling unit (with the exception of one bedroom units, which shall require one parking space per unit), in reasonable proximity to the dwelling, or in garages. Additional parking in proximity to any clubhouse or other facility serving residents in common, or guest parking, shall be provided in off-street parking areas, provided that no single accessory parking area shall contain more than 12 parking spaces, and all such areas shall be adequately landscaped.

Private roads. Roads and driveways within an SRC shall meet such width, grades, radii of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Project maintenance. In every SRC, there shall be an organization of the owners of the dwelling units which shall be responsible for the maintenance and repair of internal roads and driveways, snowplowing, landscape maintenance, trash removal, utility services and maintenance and repair of other common elements and facilities serving the residents, and the Town of Sudbury shall not be responsible therefor.

Wastewater disposal. In every development, wastewater disposal comply with the regulations of the Sudbury Board of Health, the Sudbury Water Resource Protection District and Wastewater Treatment Facilities Bylaws, and applicable Department of Environmental Protection regulations.

Ownership of open space. The open space shall be owned in common by the owners of the dwelling units in the SRC; or by an organization or entity owned and controlled by such dwelling unit owners; or can be offered to the Town, or another nonprofit organization whose principal purpose is the preservation of open space, for conservation purposes. An enforceable restriction shall be recorded on all open space parcels, providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking, roadway or active recreation.

Interrelationship of buildings. The proposed buildings shall be related harmoniously to each other with adequate light, air, circulation, privacy and separation between buildings. Buildings shall comply with a minimum setback of 20 feet from each other and all other structures in the development.

Application for special permit. Any person who desires a special permit for construction of an SRC shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information:

Reports from Town Boards or agencies. The Planning Board shall transmit forthwith a copy of the application and plan(s) to the Select Board, Board of Health, Conservation Commission, Engineering Department, Design Review Board, Park and Recreation Commission, Board of Assessors, Historic Districts Commission, Building Inspector, Fire Department, Department of Public Works, Police Department and the Sudbury Water District. Failure of any such board or agency to make a written recommendation or submit a written report within 35 days of receipt of the application shall be deemed a lack of opposition.

Special permit conditions. In order to implement a special permit for an SRC and to assure compliance therewith, the Planning Board shall in the special permit set forth requirements and conditions that, before a building permit is issued for any buildings in any stage or phase of the SRC, (i) the applicant shall have submitted to the Planning Board detailed plans showing the locations, designs and layouts of such buildings and all driveways and accessory structures included in such stage or phase; (ii) the applicant shall have provided security by covenant, bond or other means satisfactory to the Planning Board securing the construction and installation of driveways, utilities, drainage and related services in such phase; and (iii) the Planning Board shall have determined that the detailed plans are in substantial conformity with the conceptual plans approved in the special permit.

The Planning Board shall have so notified the Building Inspector of its review and approval of each phase.

The Planning Board may in a special permit for an SRC set forth further requirements and conditions as the Board shall deem appropriate to accomplish the purposes of this bylaw, including requirements of recording of plans and documents and report thereof to the Board.

The penalty provisions of this Section 5300 may be imposed upon the applicant, his general agent, tenant(s), architect(s) contractor(s), or any and all persons having an interest in the development site, including a mechanics lien, mortgage or attachments.

All provisions of the development plan approved shall run in favor of the residents thereof but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to that extent such provisions, whether recorded by plan, easement, covenant, or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through their organization.

In the event of a violation of law, an unauthorized sale or lease of the approved development site or any dwelling unit therein, development that deviates from the development plan approved, any use of the property that is not permitted in the development site, the failure to maintain residential land or if the applicant shall otherwise fail or neglect to comply with the conditions and safeguards imposed on the exercise of the special permit, the Building Inspector or Zoning Enforcement Officer may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location in said site. The order shall describe the nature of the violation and the date on which said order shall expire, which date shall not be less than six days later than the date of the stop order. Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law. Any person who shall violate the provisions of a stop order shall be deemed in violation of the Zoning Bylaw.

Tract qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an incentive senior development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way.

Age qualification. An incentive senior development shall constitute housing intended for persons of age 55 or over within the meaning of MGL c. 151B, § 4, Subdivision 6, and 42 U.S.C. § 3607(b)(2)(C), and in accordance with the same, 100% of the dwelling units in an incentive senior development shall each be owned and occupied by at least one person 55 years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household.

Applicant qualifications. The applicant for a special permit under the provisions of this section shall be the owner of the tract proposed for such development or be authorized, in writing, by the owner to apply for and be issued such special permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development.

Number of dwelling units permitted. The maximum number of dwelling units shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations; possessing suitable soils as determined by the Board of Health; and sufficient upland, buildable area to sustain a single-family home. In Village Business Districts, Limited Business Districts and Research Districts, a minimum lot area of 40,000 square feet and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% of land which is underwater land or wetland resource as defined in MGL c. 131, § 40, or in Chapter 283, the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of four units shall be permitted to be constructed.

Building and dwelling unit requirements. The following requirements shall apply to all buildings and dwelling units in an incentive senior development:

Parking. Two parking spaces shall be provided for each dwelling unit (with the exception of one-bedroom units, which shall require one parking space per unit), in reasonable proximity to the dwelling or in garages. Additional parking in proximity to any clubhouse or other facility serving residents in common, or guest parking, shall be provided in off-street parking areas, provided that no single accessory parking area shall contain more than 12 parking spaces, and all such areas shall be adequately landscaped. The Planning Board may authorize a decrease in the number of parking spaces up to 30% of the total number required. The reserved spaces shall be set aside and shall not be intended for immediate construction, but shall be properly designed as an integral part of the overall parking layout. Such spaces shall be labeled as "Reserve Parking" on the plan.

Roadways. Roads and driveways within the development shall meet such width, grades, radius of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements.

Project maintenance. In every development, there shall be an organization of the owners of the dwelling units which shall be responsible for the maintenance and repair of common elements and facilities owned by and serving the residents of the development, and the Town of Sudbury shall not be responsible therefor.

Wastewater disposal. In every development, wastewater disposal shall comply with the requirements of the Sudbury Board of Health, the Sudbury Water Resources and Wastewater Bylaws, and applicable Department of Environmental Protection regulations.

Ownership of open space. The open space shall be owned in common by the owners of the dwelling units in the development; or by an organization or entity owned and controlled by such dwelling unit owners; or can be offered to the Town, or another nonprofit organization whose principal purpose is the preservation of open space, for conservation purposes. An enforceable restriction shall be recorded on all open space parcels, providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking, roadway or active recreation.

On smaller parcels where conveyance of the open space property is not valuable to the Town or a conservation organization, the required open space as calculated above may be left in the control of the owners of the dwelling units in the development without the granting of a conservation restriction or other perpetual easement, with a notation on the plan that such property is not available for construction of any structures and removal of vegetation is prohibited.

Enforcement of sale and resale provisions. Original purchase and resale prices shall be permanently restricted, to the extent legally permissible, to ensure long-term affordability. Sale and resale provisions shall be contained in applicable deed restrictions, covenants, contractual agreements such as limited equity provisions, condominium association bylaws and/or other mechanisms to ensure compliance. Such restrictions shall not be permitted to be altered without consent of the Town of Sudbury. Annual reporting to the Planning Board is required for all units sold or resold.

Application for special permit. Any person who desires a special permit for construction of an incentive senior development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information:

Reports from Town boards or agencies. The Planning Board shall transmit forthwith a copy of the application and plan(s) to the Select Board, Board of Health, Conservation Commission, Design Review Board, Park and Recreation Commission, Board of Assessors, Historic Districts Commission, Building Inspector, Fire Department, Department of Public Works, Police Department and the Sudbury Water District. Failure of any such board or agency to make a written recommendation or submit a written report within 35 days of receipt of the application shall be deemed a lack of opposition.

Special permit conditions. In order to implement a special permit for an incentive senior development and to assure compliance therewith, the Planning Board shall in the special permit set forth requirements and conditions that, before a building permit is issued for any buildings, (a) the applicant shall have submitted to the Planning Board detailed plans showing the locations, designs and layouts of such buildings and all driveways and accessory structures included in such stage or phase; (b) the applicant shall have provided security by covenant, bond or other means satisfactory to the Planning Board, securing the construction and installation of driveways, utilities, drainage and related services in such phase; and (c) the Planning Board shall have determined that the detailed plans are in substantial conformity with the conceptual plans approved in the special permit.

The Planning Board shall have so notified the Building Inspector of its review and approval of each phase.

The Planning Board may set forth further requirements and conditions in the special permit as the Board shall deem appropriate to accomplish the purposes of this bylaw, including requirements of recording of plans and documents and report thereof to the Board.

The penalty provisions of this Section 5400 may be imposed upon the applicant, his general agent, tenant(s), architect(s), contractor(s), or any and all persons having an interest in the development site.

All provisions of the development plan approved shall run in favor of the residents thereof but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to that extent, such provisions, whether recorded by plan, easement, covenant, or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through their organization.

In the event of a violation of law, an unauthorized sale or lease of the approved development site or any dwelling unit therein, development that deviates from the development plan approved, any use of the property that is not permitted in the development site, the failure to maintain residential land or if the applicant shall otherwise fail or neglect to comply with the conditions and safeguards imposed on the exercise of the special permit, the Building Inspector or Zoning Enforcement Officer may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location in said site. The order shall describe the nature of the violation and the date on which said order shall expire, which date shall not be less than six days later than the date of the stop order. Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law. Any person who shall violate the provisions of a stop order shall be deemed in violation of the Zoning Bylaw.

The accessory dwelling unit shall contain no more than 900 square feet, or shall occupy no more than 50% of the gross floor area of the principal dwelling, whichever is smaller. The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple principal dwellings on the lot, the GFA of the largest principal dwelling shall be used for determining the maximum size of a protected use ADU.

An accessory dwelling unit may be built in a detached accessory structure separate from the main dwelling provided: the detached structure meets the same minimum setback requirements that apply in the district in which the structure is located, and the size of the ADU shall comply with Section 5521.

There will be no more than one accessory dwelling unit per building lot.

Adequate provision will be made for the disposal of sewage, waste and drainage generated by the occupancy of the accessory dwelling unit in accordance with all requirements of the Board of Health, including provision for an appropriate reserve area on-site.

All accessory dwelling units must meet Building Code requirements for egress, fire separation, and fire alarms.

Off-street parking. There shall be one dedicated off-street parking for the accessory dwelling unit or none if you are within 0.5 miles from a commuter rail station, subway station, ferry terminal, or bus station.

It is prohibited for any ADU in the Town of Sudbury to be used as a Short-Term Rental as defined in Section 1 of Chapter 64G of the General Laws.

Reports.

Other requirements.

Existing special permits. With respect to structures constituting or containing an accessory dwelling unit for which a special permit was obtained at any time prior to 2 February, 2025, any unit that meets the criteria of Section 5500, as amended, will be considered going forward to be a protected use ADU as defined by the Massachusetts Executive Office of Housing and Livable Communities, those units that do not meet the requirements of Section 5500 will be subject to all conditions of the special permit issued for the creation of the ADU, including but not limited to any requirements for renewal or expiration of the special permit.

Beginning with the effective date of this Section 5600, any development or any division of land subject to MGL c. 41, §§ 81K through 81GG, which will result in the creation of three or more dwelling units shall require a special permit from the Planning Board, and shall include as conditions of said permit that:

Dwelling units shall be considered part of a single development if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of Section 5600. It is the intent of this bylaw to avoid segmentation of developments intended to circumvent the affordable housing requirements set forth in this section.

Developments which are permitted under the following regulations shall be exempt from this Section 5600 in its entirety: MGL c. 40B or 40R and, from this Zoning Bylaw, Section 4700A, North Road Residential Overlay District; Section 4700B, Melone Smart Growth Overlay District; Section 4700C, Multi-Family Overlay District; Section 5300, Senior Residential Community; and Section 5400, Incentive Senior Development.

The requirement to provide affordable dwelling units, as outlined under Subsection 5621, shall be achieved in any one or combination of methods described below, subject to approval by the Planning Board:

Permissible types of construction for affordable dwelling units, built as a freestanding unit(s) or in combination with a market rate dwelling unit(s) within a development, are as follows:

Siting of affordable dwelling units. All affordable dwelling units constructed under this Section 5600, except for those as in Subsection 5631b, shall be situated within the development so as not to be in less desirable locations than market rate dwelling units and shall be no less accessible to public amenities, such as open space, than market rate dwelling units. The site plan shall clearly identify lots proposed for affordable dwelling units.

Minimum design and construction standards for affordable dwelling units. Affordable dwelling units shall be integrated with market rate dwelling units and shall be compatible in design, construction quality, and appearance with the market rate dwelling units.