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.
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.
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.
D. Step Four: Lot lines. If applicable, the certified landscape architect or qualified design team shall then delineate the lot lines according to §
300-51 of this bylaw.
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 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.
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, 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.
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.