Wrentham City Zoning Code
ARTICLE XVII
Open Space Preservation Development
§ 390-17.1 Purpose.
In order to provide for the public interest by the preservation of open space in perpetuity, variations in residential housing development patterns which allow for development more harmonious with natural features and Town growth policies than traditional residential development, to promote the maximum possible protection of open space, visual quality and aquifer and other natural resource protection, and to encourage efficient provision of necessary utilities and community services, the following regulations are established for open space preservation development (OSPD) within the Town of Wrentham. In making any and all determinations under this bylaw, the Planning Board shall always compare the impact of an open space development with potential conventional development, and may approve open space development only if the proposal is superior to a conventional development.
§ 390-17.2 Applicability.
Open space preservation development shall be allowed in all districts, subject to the requirements of this bylaw for such district, and in accordance with the additional requirements specified herein.
§ 390-17.3 General requirements.
A.
Any parcel of land located within a zone permitting OSPD containing eight acres or more may be considered for an OSPD, subject to a special permit issued by the Planning Board.
B.
After an OSPD application has been submitted, no utility installation, no ditching, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations.
C.
No OSPD will be approved within an established single-family residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property.
D.
It shall be the responsibility of the applicant for an OSPD special permit to demonstrate to the Planning Board that this form of land development will be as or more appropriate than conventional patterns of residential subdivision development for the particular site being considered.
E.
All dwellings to be built on the site shall be located at least 500 feet from any public ways in existence at the time of submission of the OSPD proposal to the Planning Board. This distance may be reduced by the Planning Board.
§ 390-17.4 Permitted uses.
§ 390-17.5 Minimum requirements.
A.
Density. The total area of the tract proposed for OSPD shall be at least eight acres. The total number of lots that would be normally allowed under a conventional subdivision for the zoning district in which the site is located. The maximum number of lots possible shall be determined by the layout of a preliminary sketch plan showing the total number of lots which could be obtained by utilizing a conventional grid subdivision. The burden of proof shall be upon the applicant. The required minimum tract area, as well as the calculation of the number of lots allowed by a conventional grid subdivision, as specified above shall be exclusive of:
B.
Reduction of dimensional requirements. The Planning Board may grant a reduction in the dimensional requirements of the underlying zoning regulations for all portions of an OSPD, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations, provided that the percentage of the reduction in minimum lot size and street frontage requirements allowed under this bylaw shall not be greater than an amount equal to the percentage of the total OSPD which is to be set aside for common open space times 1.1. (Explanation: If 30% of the land area is to be set aside for common open space, the Planning Board may grant up to a 33% reduction in the minimum lot size and street frontage requirements.) In no instance shall any lot deviate from the following Table of Minimum Requirements:
Table of Minimum Requirements | |
|---|---|
Minimum area* | 22,000 square feet |
Minimum frontage | 55 feet |
Minimum front yard setback** | 25 feet |
Minimum side yard setback** | 15 feet |
Minimum rear yard setback** | 8 feet |
* | Exclusive of any land within the Watershed Protection District. |
** | Reduction in the common open space setback requirement set forth in § 390-17.6B(6) shall not be permitted. |
C.
Development standards. Prior to the issuance of a special permit for an OSPD, the Planning Board shall find, and the applicant shall submit the information necessary to demonstrate that the following standards have been met:
(1)
The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction.
(2)
The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.
(3)
The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the locations, design and construction of roadways, buildings, septic systems, and surface water drainage systems. Soil borings or test pits shall be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation.
(4)
Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.
(5)
Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward towards any surface water body, or freshwater wetland, proposed filling, cutting, clearing or grading shall be minimized, and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas.
(6)
The site design shall preserve and, where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of structures and ways to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding properties.
(7)
All streets, sewers, water lines, drainage facilities and utilities shall be designed and constructed in compliance with the Rules and Regulations Governing the Subdivision of Land in Wrentham, Massachusetts, and any other land use regulations of Wrentham in effect at the time of application, insofar as they are apt. Special exceptions to the subdivision regulations may be authorized by the Planning Board in granting a special permit hereunder, provided the Board determines such exceptions are in the public interest and are not inconsistent with the purposes of § 390-17.1.
§ 390-17.6 Open space use and design standards.
A.
Within an OSPD, no less than five acres, nor less than 30% of the total land area, shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than 50% of the common open space may contain land considered as wetland resource areas, other than isolated lands subject to flooding as defined in any regulations promulgated by the Department of Environmental Protection pursuant to MGL c. 131, § 40, as such regulations or statute may from time to time be amended.
B.
The common open space shall be designed and maintained in accordance with the following standards:
(1)
Naturally existing woods, fields, meadows and wetlands shall be maintained and improved.
(2)
Common open space shall be planned as large, contiguous parcels whenever possible. Strips or narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter.
(3)
Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.
(4)
No more than 10% of the common open space shall be covered by man-made impervious surfaces.
(5)
Common open space may be used for passive recreation, conservation, forestry, agriculture, natural buffers, structures necessary to approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board. Up to 25% of the common open space may be developed for active recreation.
(6)
There shall be a minimum setback of 50 feet between any common open space and all structures and/or property lines of the site.
§ 390-17.7 Common open space ownership and management.
A.
Common open space in an OSPD shall be conveyed to: 1) the Town of Wrentham for park or open space use; 2) a nonprofit corporation, the principal purpose of which is the conservation of open space; or 3) a corporation or trust owned or to be owned by the owners of lots within the development. It shall be the Planning Board's decision as to which of the above ownership options shall be used. If a corporation or trust owned by the owners of lots is utilized, ownership thereof shall pass with the conveyance of the lots. In any case, where such land is not conveyed to the Town, a perpetual restriction, running to and enforceable by the Town, shall be recorded, provided that such land shall be retained in perpetuity in an open and natural state and shall not be built upon for residential use or developed for accessory uses such as parking or roadways.
B.
If the common open space is not to be conveyed to the Town, then the applicant shall include as part of the road covenant a provision that the common open space will be deeded as approved by the Planning Board. In addition, the lots shall not be released until proof of transfer of ownership has been provided to the Planning Board.
C.
If the common open space is not to be conveyed to the Town, the application for an OSPD special permit must include a description of how and when the common open space will be preserved in perpetuity to standards satisfactory to the Planning Board and Town Counsel. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence, provided that, if the Town is required to perform any maintenance work, the owners of lots within the OSPD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. The Conservation Commission shall act as the Town's land manager in overseeing the management of the common open space land.
D.
Forms of all documents necessary to convey or restrict the common open space shall be submitted to the Planning Board for approval prior to the close of the public hearing. Failure to provide forms satisfactory to the Planning Board and Town Counsel shall be grounds for denial of the permit.
§ 390-17.8 Application requirements; review procedures.
A.
All applications for OSPD shall be submitted with the following plans:
(1)
Overall development plan for the entire OSPD and showing all surrounding land within 150 feet of the boundaries of the tract, all man-made features, lot lines, zoning boundaries, vegetative cover, wetlands, soil characteristics and existing topography, together with the layout of the proposed development concept, including buildings, parking areas, roadways, landscaping, common open space, wetland resource areas as defined by the regulations (310 CMR 10.00) promulgated pursuant to the Wetlands Protection Act (MGL c. 131, § 40) and Article V of this Zoning Bylaw, the extent of land located in Zone A of the Flood Insurance Rate Maps (FIRM) of the Town of Wrentham, the proposed number of dwelling units and the number of bedroom/dens in each unit, and anticipated development phases.
(2)
Architectural plan(s). Typical floor plans and architectural elevations of the proposed dwelling units and artist's rendering of the proposed structures.
(3)
Landscaping plan(s). Typical landscaping plans for all buffer areas and disturbed areas and a detailed planting plan for the site.
(4)
Plans equivalent to conventional preliminary subdivision in conformity with the requirements and procedures for submission and review under the Rules and Regulations Governing the Subdivision of Land in Wrentham, and as required by MGL c. 40A, § 9 for special permit applications.
(5)
The applicant shall provide the Board with a .pdf version of the plan and other application submittals and reports by email, compact disc or thumb drive.
B.
All applications for a special permit under this section shall be referred by the Planning Board to the Board of Health, Department of Public Works and Conservation Commission for their review and comments within 14 days after their submission to the Planning Board. Such departments and boards shall make their recommendations and send copies thereof to the Planning Board and the applicant within 35 days of receipt of the referral request by the Planning Board or there shall be deemed no opposition or desire to comment. The Planning Board shall not act upon said special permit until either comments from the referred departments and boards have been received, or said 35 days have elapsed, whichever is sooner.