[Added 5-19-1986 ATM by Art. 53; amended 5-16-2005 ATM by Art.
14]
The primary purposes for the FRD are the following:
A.
To allow for greater flexibility and creativity in
the design of residential developments;
B.
To encourage the permanent preservation of open space,
scenic vistas, agricultural land, forestry land, wildlife and rare
species habitat, other natural resources and features, including aquifers,
water bodies, areas of critical environmental concern, and wetlands,
and historical and archaeological resources, in a manner that is consistent
with the Town of Salisbury Community Development Plan;
C.
To encourage a more efficient and compact form of
development that consumes less open land and natural materials and
conforms to existing topography and natural features better than a
conventional or grid subdivision;
D.
To minimize the total amount of disturbance on the
site;
E.
To further the goals and policies of the Town of Salisbury
Community Development Plan as amended from time to time;
F.
To facilitate the construction and maintenance of
housing, streets, utilities, and public services in a more economic
and efficient manner, that are in harmony with the architectural heritage
of the Town of Salisbury; and
G.
To promote affordable housing and a more diversified
housing stock.
A.
Land area.
(1)
The proponent of any proposed residential subdivision
plan in the Town of Salisbury that is on a parcel of five acres or
more shall submit a special permit application to the Planning Board
for an FRD in accordance with the provisions of this bylaw, which
shall include an FRD special permit plan as described below.
(2)
For residential subdivisions on less than five acres
and/or all plans for division of land not requiring approval under
the Subdivision Control Law, MGL c. 41, § 81P, that are
restricted to residential use, an applicant may submit a special permit
application for an FRD in preference to filing a conventional plan.
B.
Zoning classification. Only residential projects on
tracts located in the R1, R2, C, C2 and C4 Districts are eligible
for FRD.
[Amended 10-23-2006 ATM by Art. 5]
C.
Contiguous parcels. To be eligible for consideration
as an FRD, the total tract shall consist of one parcel or set of contiguous
parcels.
D.
Mix of housing types. The FRD may consist of a combination of single-family and multifamily residential structures. Except for those FRD's composed of the housing type allowed below under § 300-55C, multifamily structures shall be townhouse style and not contain more than two dwelling units and shall not make up more than 50% of the basic maximum number.
E.
Land division. To be eligible for consideration as
an FRD, the tract may be a subdivision or a division of land pursuant
to MGL c. 41, § 81P; provided, however, that an FRD may
also be permitted where intended as a condominium on land not so divided
or subdivided.
F.
Conventional subdivision simultaneous filings. The requirement to apply for an FRD special permit shall not prohibit an applicant from choosing to pursue conventional subdivision approval. A "conventional subdivision" shall be defined as a subdivision (as defined by MGL c. 41, § 81L) which does not reflect the FRD special permit principles. The only requirement that must be met in these cases is to submit a complete FRD application and initiate the FRD process. The decision to either pursue the FRD special permit or the conventional subdivision is outlined in § 300-49H (Procedures).
The Planning Board may authorize an FRD pursuant to the grant of a special permit. The Planning Board will act as the special permit granting authority for all FRD applications. Such special permits shall be acted upon in accordance with the provisions of this bylaw and § 300-35 of the Town of Salisbury Zoning Bylaw. With respect to special permit applications under this article, the Planning Board shall also have all the powers and duties of the Zoning Board of Appeals under § 300-35 of this bylaw.
The applicant for an FRD is strongly encouraged
to attend a preapplication conference at a regular business meeting
of the Planning Board as outlined in the Planning Board's Rules and
Regulations.[1]
At the time of the application for a special permit for an FRD in conformance with § 300-49 of this bylaw, applicants are required to demonstrate to the Planning Board that the following four-step design process was performed by a certified landscape architect, or by a multidisciplinary team of which one member must be a certified landscape architect ("qualified design team"), and considered in determining the layout of proposed streets, house lots, and open space.
A.
Step One: Identifying conservation areas and the potentially
developable area.
(1)
The certified landscape architect or qualified design
team shall first identify and delineate two categories of conservation
areas at the site, as follows:
(a)
Primary conservation areas, consisting of those
areas protected by federal, state, or local laws, including but not
limited to wetland resource areas, areas of critical environmental
concern, outstanding resource waters, and estimated rare species habitat
(as designated by Natural Heritage and Endangered Species Program);
and
(b)
Secondary conservation areas, consisting of
those elements of the natural landscape that are not protected by
law, but the maintenance of which in their natural state would provide
environmental, aesthetic, pastoral, historical, or other value to
the environment or community, such as flood hazard areas, floodplains,
steep slopes (typically greater than 25%), mature woodlands [noninvasive
trees with caliper of 20 inches or greater (measured at four feet)],
wetland buffer zones, vernal pools, prime farmland, large open meadows,
stone walls, critical wildlife habitats, priority habitats (as designated
by Natural Heritage and Endangered Species Program) and important
cultural features such as historic and archaeological sites, heritage
landscapes and scenic views.
(2)
The certified landscape architect or qualified design
team shall then delineate the potentially developable area, which,
to the maximum extent feasible, shall consist of land outside identified
primary and secondary conservation areas.
B.
Step Two: Locating house sites. The certified landscape
architect or qualified design team shall then locate the approximate
sites of individual houses within the potentially developable area
and delineate the private yards and shared amenities, so as to reflect
an integrated neighborhood that conforms with the existing topography
and natural features, with emphasis on consistency with the Town's
historical development patterns and heritage.
C.
Step Three: Aligning the streets and trails. The certified
landscape architect or qualified design team shall then align streets
to access the house lots and lay out sidewalks and walking trails
to create internal and external connections to existing and/or potential
future streets, sidewalks, and trails.
A.
An application for a special permit for an FRD, or
for an amendment thereto, shall include, among other supporting information,
an FRD special permit plan. The FRD special permit plan submittal
shall consist of a sketch plan and a conventional subdivision yield
plan as described in the Town of Salisbury FRD Rules and Regulations.
B.
As part of the application process, the applicant
shall deliver copies of the FRD special permit application and plans
to local boards, Town departments, and committees according to the
Planning Board's Rules and Regulations.[1] Such reviewing boards and officials are given 14 days
within which to respond to the Planning Board with comments and/or
recommendations.
C.
The Planning Board shall, in compliance with MGL c.
40A, § 9, hold a public hearing on the FRD special permit
application within 65 days from the date of filing of such application.
D.
The Planning Board shall render a decision on the
FRD special permit application within 90 days from commencement of
the public hearing unless the applicant consents to an extension.
E.
Whether or not conducted during the preapplication
stage, the Planning Board may conduct a site visit during the public
hearing process. At the site visit, the Planning Board and/or its
agents shall be accompanied by the applicant and/or his or her agents
if requested by the applicant.
F.
The Planning Board may engage technical experts, at
the applicant's expense, as are reasonably necessary in connection
with its review of the applicant's proposed plan(s). Project fees
are outlined in the Planning Board's Rules and Regulations.
H.
Relationship between the FRD special permit plan and
a conventional definitive subdivision plan filed simultaneously.
(1)
If the applicant has also submitted a definitive subdivision plan, as outlined in § 300-45F at the same time as its application for an FRD special permit, the Planning Board shall hold concurrent public hearings on both plans.
(2)
If the definitive subdivision filing shows a conventional
subdivision as opposed to an FRD subdivision, the Planning Board shall
first, prior to the close of the public hearings, recommend which
plan it considers most beneficial to the Town and then the applicant
shall, prior to the close of the public hearings, elect and advise
the Board in writing which plan he or she wishes to pursue. The applicant
may then withdraw the obsolete application with the Board's approval,
or the Board may continue with the approval process for both applications
if practicable.
I.
Relationship between the FRD special permit plan and
FRD definitive subdivision plan.
(1)
All FRD special permits issued by the Planning Board
shall, by virtue of this provision, include a condition that an FRD
definitive subdivision plan shall substantially comply with an approved
FRD special permit plan and special permit conditions before receiving
Planning Board approval. The Planning Board may hold concurrent public
hearings for the FRD special permit and the FRD definitive subdivision
plan.
(2)
An FRD definitive subdivision plan shall be considered
not to substantially comply with the FRD special permit plan if the
Planning Board determines that any of the following changes exist:
(a)
An increase in the number of building lots or
dwelling units;
(b)
A significant decrease in the open space acreage
and/or a significant change in the open space quality or configuration;
(c)
A significant change in the lot or road layout;
(d)
A significant change in the general development pattern, which is contrary to or inconsistent with the primary purposes of an FRD, as specified in § 300-44 of this bylaw;
(e)
A significant change to the stormwater management
facilities; and/or
(f)
A significant change in the wastewater management
systems.
(3)
If the Planning Board determines that the FRD definitive
subdivision plan does not substantially comply with the FRD special
permit, the Board may deny the FRD definitive subdivision plan.
(4)
The Planning Board may conditionally approve an FRD
definitive subdivision plan that does not substantially comply with
the FRD special permit so long as the conditional approval does not
violate the purposes and intent of this bylaw. However, such conditional
approval must identify where the plan does not substantially comply
with the FRD special permit and shall be conditional upon the applicant
applying for, and the Planning Board granting, an amendment to the
FRD special permit such that the FRD special permit is consistent
with the significant changes identified by the Planning Board. The
conditional approval shall also require that the applicant file its
application for an amendment to the FRD special permit within a specified
time period.
(5)
The public hearing on the application for an amendment
to the FRD special permit shall be limited to the significant changes
identified by the Planning Board in its conditional approval of the
FRD definitive subdivision plan. The Planning Board may only review
and consider factors and impacts associated with the significant changes
in deciding whether to grant an amendment to the FRD special permit.
J.
Concurrent public hearings are allowed for site plan
review and definitive subdivisions when, and if, they will be required
subsequent to FRD special permit approval. In these cases, definitive
plans and site plans may be revised to reflect the FRD process up
until the public hearings are closed. The FRD special permit public
hearing shall be closed and the Planning Board shall vote a final
decision regarding the FRD special permit before the public hearings
for either the definitive plan and/or site plan are closed.
K.
Substantial progress toward implementation of the
approved FRD special permit must occur within two years from the date
of Planning Board approval which shall not include such time required
to pursue or await the determination of an appeal from the grant of
the FRD special permit which is referred to in MGL c. 40A, § 17,
or the approval becomes void. Extensions may be granted at the discretion
of the Planning Board if the applicant submits proof, in the form
of a written narrative, that substantial progress has been made.
The basic maximum number or density, as described
herein, shall be derived from and delineated on a conventional subdivision
yield plan (hereinafter "basic maximum number"). In the case of a
site being divided or subdivided, the conventional subdivision yield
plan shall show the maximum number of lots that could be deemed practicably
buildable upon the site under a conventional subdivision process according
to the Rules and Regulations Governing the Subdivision of Land in
the Town of Salisbury[1] and all other applicable state and local rules and regulations. The proponent shall have the burden of proof with regard to the basic maximum number of lots. The Planning Board may request further information related to the proposed yield, including but not limited to an approved wetland and resource delineation, soil tests, percolation tests reasonably needed to determine soil suitability, and availability of Town-provided sewer and water. The determination of yield shall set the amount of lots (or dwelling units) submitted in the sketch plan, not including increased units allowed under § 300-55 of this bylaw.
The Planning Board encourages applicants to
modify lot size, shape, and other dimensional requirements for lots
within an FRD, subject to the following limitations:
A.
Lots having reduced area or frontage shall not have
frontage on a street other than a street created by the FRD; provided,
however, that the Planning Board may waive this limitation to the
extent it determines that such waivers will substantially further
the purposes and intent of this bylaw.
B.
At least 50% of each required setback for the applicable
zoning district shall be maintained in the FRD; provided, however,
that the Planning Board may further reduce the applicable setbacks
to the extent it determines that such reduction(s) will substantially
further the purposes and intent of this bylaw.
C.
Minimum lot size shall be 10,000 square feet; provided,
however, that the Planning Board may reduce this minimum lot size
to the extent it determines that such reduction(s) will substantially
further the purposes and intent of this bylaw.
A.
A minimum of 50% of the tract shown on the development
plan shall be open space and must be preserved as such in perpetuity
in accordance with this article.
B.
The ratio of uplands to wetlands within the proposed
open space area shall be equal to or greater than the ratio of uplands
to wetlands on the entire tract; provided, however, that the Planning
Board may allow a lower ratio if it determines that doing so will
substantially further the goals of this bylaw and otherwise be in
the best interests of the community. Wetlands are considered resource
areas as defined by Section 310 of the Code of Massachusetts Regulations.
C.
The open space shall be contiguous and may be composed
of more than one lot. "Contiguous" shall be defined as being connected.
Open space will still be considered connected if it is separated by
a roadway or driveway created by the FRD.
D.
The open space shall be, to the greatest extent practicable,
accessible to the general public, and not for the exclusive use of
a homeowners' association or nonprofit organization. For open space
maintained for active agricultural purposes, public access may be
limited or completely excluded.
E.
The open space shall be suitable for and protected
and maintained for either wildlife habitat, conservation, historic
preservation (landscapes and/or structures), outdoor education, passive
and limited active outdoor recreation, park purposes, agriculture,
horticulture, forestry, and/or a combination of these uses. It shall
also be served by suitable access for such purposes. The Planning
Board may permit up to 5% of the open space to be paved (pervious
paving materials are encouraged) or built upon for structures accessory
to the dedicated use or uses of such open space (for example, pedestrian
walks and bike paths). Parking areas and areas used for vehicular
access or egress shall not constitute open space.
F.
At the discretion of the Planning Board subsurface wastewater and stormwater management systems serving the FRD may be located within the open space only if the open space is to be maintained and owned by a corporation or trust according to Subsection G(3) below. If the subsurface system is contained on a separate lot within the open space, the remainder of the open space may be conveyed to the Town or a nonprofit organization according to Subsection G(1) and (2) below. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required unless these systems are determined by the Planning Board to be "soft" (nonstructural), natural-like stormwater management systems that do not create impervious surfaces, that enable infiltration and that are otherwise compatible with the contemplated uses of the adjacent open space.
G.
The open space shall either be subject to a recorded
conservation restriction enforceable by the Town providing that such
land shall be perpetually kept in an open state, preserved exclusively
for the purposes set forth herein, and maintained in a manner which
will ensure its suitability for its intended purposes, or, at the
Planning Board's election, shall be conveyed to one of the following:
(1)
The Town or its Conservation Commission;
(2)
A nonprofit organization, the principal purpose of
which is the conservation of open space and any of the purposes for
such open space set forth above; or
(3)
A corporation or trust owned jointly or in common
by the owners of lots within the FRD. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust that shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town to perform maintenance of such open space and facilities
if the trust or corporation fails to provide adequate maintenance
and deemed to have granted the Town an easement for this purpose.
In such event, the Town shall first provide 14 days' written notice
to the trust or corporation as to the inadequate maintenance, and,
if the trust or corporation fails to complete such maintenance, the
Town may perform it. The trust or corporation shall be liable to the
Town for the reasonable expenses associated with such maintenance
performed by it. Each individual deed, and the deed or trust or articles
of incorporation, shall include provisions designed to effect these
provisions. Documents creating such trust or corporation shall be
submitted to the Planning Board for approval and shall thereafter
be recorded.
H.
Any such conservation restriction and/or conveyance
shall be in a form satisfactory to Town Counsel and the Planning Board
and shall be completed and recorded and evidence thereof shall be
submitted to the Planning Board and the Building Inspector prior to
issuance of the first occupancy permit.
The Town of Salisbury Planning Board may, after
proper notice and public hearing, adopt rules and regulations that
govern generic and site-specific design standards relative to the
development and design process. These design standards shall include
but not be limited to tree and soil removal, streets, landscaping,
mix of housing types, architectural style, parking, buffer areas,
drainage, screening, common driveways and trails.
The Planning Board may grant a special permit
for an FRD if it determines that the proposed FRD has less detrimental
impact on the tract and advances further the interests of the community
than a conventional development proposed for the tract, after considering
the following factors:
A.
Whether the FRD achieves greater flexibility and creativity
in the design of residential developments than a conventional plan;
B.
Whether the FRD promotes permanent preservation of
open space, scenic vistas, agricultural land, forestry land, wildlife
and rare species habitat, other natural resources and features, including
aquifers, water bodies, areas of critical environmental concern, and
wetlands, and historical and archaeological resources in a manner
that is consistent with the Town of Salisbury Community Development
Plan;
C.
Whether the FRD promotes a more efficient and compact
form of development that consumes less open land and natural materials
and conforms to existing topography and natural features better than
a conventional subdivision;
D.
Whether the FRD reduces the total amount of disturbance
on the site as compared with a conventional subdivision;
E.
Whether the FRD furthers the goals and policies of
the Town of Salisbury Community Development Plan as amended from time
to time;
F.
Whether the FRD facilitates the construction and maintenance
of housing, streets, utilities, and public services in a more economical
and efficient manner than a conventional subdivision plan;
G.
Whether the FRD special permit plan and other supporting
documentation comply with all provisions of this bylaw;
H.
Whether the proposed construction of housing, landscape
and streetscape is in harmony with the architectural heritage and
historic character of the Town of Salisbury;
I.
Whether the FRD promotes affordable housing and a
more diversified housing stock.
The Planning Board at its discretion may award
a density bonus for an FRD to increase the number of dwelling units
beyond the basic maximum number. The density bonus for the FRD shall
not, in the aggregate, exceed 35% of the basic maximum number. Computations
shall be rounded to the next highest number. Such a density bonus
may be awarded in the following circumstances only if the Planning
Board determines that the proposed development is in substantial conformance
with the purposes and intent of this bylaw:
A.
For each set aside of an increased 10% of open space
over the minimum 50% open space set aside the Planning Board may award
a bonus of 10% of the basic maximum number, up to a maximum bonus
of 20%.
B.
For every one dwelling unit in a development that
is legally and perpetually restricted to occupancy by persons or families
who qualify as low or moderate income, as those terms are defined
for the area by the commonwealth's Department of Housing and Community
Development, and is eligible for inclusion in the Chapter 40B Subsidized
Housing Inventory through the Local Initiative Program under MGL c.
40B, §§ 20 to 23, in excess of the number of affordable
housing units required by any Town of Salisbury inclusionary housing
bylaw,[1] the Planning Board may award a two dwelling unit density
bonus. Such additional affordable housing units shall comply in all
respects with and be subject to the terms of the inclusionary housing
bylaw, provided that, if no such bylaw is in effect, the Planning
Board's FRD special permit shall establish the terms governing the
construction and marketing of such affordable housing units.
[1]
Editor's Note: See Art. XIII, Inclusionary
Housing Requirements, of this bylaw.
C.
The Planning Board may authorize a density bonus of
up to 25% if the applicant proposes a development comprised entirely
of townhouse dwellings constructed in a New England village style
of architecture that are legally and perpetually restricted to occupancy
by persons over the age of 55. Multifamily structures of not more
than four units are permitted in such a development if all units are
restricted to occupancy by persons over the age of 55.
The Planning Board may, after notice and hearing,
adopt rules and regulations to implement the provisions of this bylaw,
including but not limited to specifying the content and number of
required plans, application procedures, filing and review fees, design
criteria, development standards, and other general requirements consistent
with this bylaw.