The Planning Board is the special permit granting authority for the flexible residential development special permit (FRD) found in Article X of the Town of Salisbury Zoning Bylaw.[1] The FRD Bylaw allows the Planning Board to adopt rules
and regulations to implement the provisions of the 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 the bylaw.
In any case where the rules and regulations found below conflict with
the actual Zoning Bylaw, the Zoning Bylaw governs.
A.
For Flexible Residential Development (FRD) under Article X of the Zoning Bylaw, applicants are strongly encouraged to submit the following information to facilitate review and discussion of the FRD at the preapplication stage:
(1)
Site context map. This map illustrates the parcel
in connection to its surrounding neighborhood. Based upon existing
data sources and field inspections, it should show various kinds of
major natural resource areas or features that cross parcel lines or
that are located on adjoining lands. This map enables the Planning
Board to understand the site in relation to what is occurring on adjacent
properties.
(2)
Existing conditions/site analysis map. This map familiarizes
officials with existing conditions on the property. Based upon existing
data sources and field inspections, this base map locates and describes
noteworthy resources that should be left protected through sensitive
subdivision layouts. These resources include wetlands, riverfront
areas, floodplains and steep slopes, but may also include mature,
undegraded woodlands, hedgerows, farmland, unique or special wildlife
habitats, historic or cultural features (such as old structures or
stone walls), unusual geologic formations and scenic views into and
out from the property. By overlaying this plan onto a development
plan the parties involved can clearly see where conservation priorities
and desired development overlap or conflict.
B.
Site visit. Applicants are encouraged to request a
site visit by the Planning Board and/or its agents in order to facilitate
preapplication review of the FRD. If one is requested, the Planning
Board shall invite the Conservation Commission and the Board of Health.
C.
Preapplication conference. If one is requested, the
Planning Board shall invite a representative of the Conservation Commission,
Board of Health, Department of Public Works and any Open Space Committee.
The purpose of a preapplication review is to attempt to streamline
the formal application process, to minimize the applicant's costs
of engineering and other technical experts, and to commence discussions
with the Planning Board at the earliest possible stage in the development.
At the preapplication review, the applicant may outline the proposed
FRD and the yield based on a conventional subdivision buildout, seek
preliminary feedback from the Planning Board and/or its technical
experts, and set a timetable for submittal of a formal application.
The sketch plan, submitted as part of the FRD special permit plan under § 300-49 of the FRD Bylaw, shall follow the quality standards and include the components listed below:
A.
The sketch plan shall be prepared by a certified landscape architect or qualified design team and shall identify the primary conservation areas, secondary conservation areas, general features of the land, approximate configurations of the lots, open space, and roadways, and shall also include the information listed in the Subdivision Rules and Regulations to the extent applicable. The proposed development as identified on the sketch plan shall reflect and incorporate the four-step design process set forth in § 300-48 of the Town of Salisbury's Zoning Bylaw and the design standards set forth in §§ 465-18 and 465-19 below.
B.
The sketch plan shall include the following:
(1)
The subdivision name, boundaries, North point, date,
legend, title "Sketch Plan," and scale.
(2)
The names of the record owner and the applicant, and
the name of the landscape architect and/or qualified design team that
prepared the plan.
(3)
The names, approximate location, and widths of adjacent
streets.
(4)
The proposed topography of the land shown at a contour
interval no greater than five feet. Elevations shall be referred to
mean sea level.
(5)
The location of existing landscape features, including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archaeological and historic structures/remains or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major long views, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to § 300-48A the FRD in the Salisbury Zoning Bylaw. Proposals for all site features to be preserved, demolished, or moved shall be noted on the sketch plan.
(6)
All on-site local, state, and federal regulatory resource
boundaries and buffer zones shall be clearly identified and all wetland
flag locations shall be numbered and placed upon the sketch plan.
(7)
Lines showing proposed private residential lots, as located during step four, § 300-48D of the Salisbury Zoning Bylaw, with approximate areas and frontage dimensions.
(8)
All existing and proposed features and amenities,
including trails, recreation areas, pedestrian and bicycle paths,
community buildings, and off-street parking areas, shall be shown
on the plan and described in a brief narrative explanation where appropriate.
(9)
The existing and proposed lines of streets, ways,
common driveways, easements and any parcel of land intended to be
dedicated for public use or to be reserved by deed covenant for use
of all property owners in the subdivision, or parcels of land or lots
to be used for any purpose other than private residential, shall be
so designated within the subdivision in a general manner.
(10)
Proposed roadway grades.
(11)
Official soil percolation tests for the purpose
of locating wastewater treatment options are not required for the
special permit plan. However, a narrative explanation shall be prepared
by a certified professional engineer detailing the proposed wastewater
systems that will be utilized by the development and its likely impacts
on site and to any abutting parcels of land. For example, the narrative
will specify whether individual on-site or off-site systems, shared
systems, alternative to Title V systems, or any combination of these
or other methods will be utilized.
(12)
A narrative explanation prepared by a certified
professional engineer proposing systems for stormwater drainage and
its likely impacts on site and to any abutting parcels of land. For
example, the narrative will specify whether soft or hard engineering
methods will be used and the number of any detention/retention basins
or infiltrating catch basins; it is not intended to include specific
pipe sizes. Any information needed to justify this proposal should
be included in the narrative. The approximate location of any stormwater
management detention/retention basins shall be shown on the plan and
accompanied by a conceptual landscaping plan.
(13)
A narrative explanation prepared by a certified
professional engineer, detailing the proposed drinking water supply
system.
(14)
A narrative explanation of the proposed quality,
quantity, use and ownership of the open space. Open space parcels
shall be clearly shown on the plan.
(15)
All proposed landscaped and buffer areas shall
be noted on the plan and generally explained in a narrative.
(16)
A list of all legal documents necessary for
implementation of the proposed development, including any individual
deed restrictions, conservation restrictions, land transfers, and
master deeds, with an accompanying narrative explaining their general
purpose.
(17)
A narrative indicating all requested waivers,
reductions, and/or modifications as permitted under the FRD of the
Salisbury Zoning Bylaw.
A.
The conventional subdivision yield plan (yield plan) shall depict the basic number of lots/dwelling units as described in § 300-50 of the Salisbury Zoning Bylaw (basic maximum number of lots/units/bedrooms). The applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield.
B.
The yield plan shall include the following:
(1)
The subdivision name, boundaries, North point, date,
legend, title "Yield Plan" and scale, the names of the record owner
and the applicant, and the name of the engineer, surveyor, and/or
qualified design team that prepared the plan.
(2)
Names of all abutters as they appear in the most recent
Assessor's records, including owners of land separated from the subdivision
by a street.
(3)
Assessor's map and parcel numbers for all land shown
on the plan.
(4)
Zoning district boundaries and the zoning dimensional
requirements for each zone shown on the plan.
(5)
The names, approximate location, and widths of adjacent
existing streets.
(6)
The proposed topography of the land shown at a contour
interval no greater than five feet. Elevations shall be referred to
mean sea level.
(7)
All on-site local, state, and federal regulatory resource
boundaries and buffer zones shall be clearly identified and all wetland
flag locations shall be numbered and placed upon the sketch plan.
(8)
The existing and proposed lines of streets, lots,
rights-of-way, easements, and public or common areas within the subdivision.
(9)
Proposed roadway grades.
(10)
Official soil percolation tests for the purpose
of locating wastewater treatment options may be required at the discretion
of the Planning Board on certain parcels where the feasibility of
locating wastewater treatment systems may be uncertain.
(11)
A narrative indicating all requested waivers,
reductions, and/or modifications as permitted by the various bylaws
and regulations governing the subdivision.
A.
The landscape should be preserved in its natural state
in so far as practical. Tree and soil removal shall be minimized.
Native and noninvasive trees with a caliper greater than 20 inches
(measured at four feet) shall not be removed unless such removal is
consistent with the purposes and intent of this section. Any grade
changes shall be in keeping with the general appearance of the neighboring
undeveloped and developed areas. Individual building sites shall be
oriented so as to maintain maximum natural topography and to take
advantage of natural drainage patterns.
B.
Streets shall be designed and located in such a manner
as to maintain and preserve natural topography, significant landmarks,
and trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel. Particular attention shall
be paid to seamlessly integrating new streets into the existing street
pattern as appropriate.
C.
All proposed landscaping shall be designed to complement
and add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties
and public ways.
D.
The removal or disruption of historic, traditional
or significant uses, structures, or architectural elements shall be
minimized, whether these exist on the site or on adjacent properties.
A.
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 specified in § 300-55C of Salisbury's Zoning Bylaw, multifamily structures shall not contain more than two dwelling units and shall be of the townhouse style and be designed to appear to be single-family homes by limiting each elevation to a maximum of one main entrance and two garage doors.
B.
Parking. Each dwelling unit shall be served by two
off-street parking spaces. Parking spaces in front of garages may
count in this computation. All parking areas with greater than four
spaces shall be screened from public view.
C.
Buffer areas. A buffer area of at least 25 feet shall
be provided at the perimeter of the development tract where it abuts
residentially zoned or residentially occupied properties. A buffer
area of at least 100 feet shall be provided from natural and/or recreational
resource areas such as wetlands, intermittent streams, agricultural
or recreational fields, and land held for conservation purposes, except
as noted below. A two-hundred-foot buffer must be maintained from
perennial streams, except to the extent otherwise permitted by the
Salisbury Conservation Commission. Driveways necessary for access
and egress to and from the tract may cross such buffer areas. No native
or noninvasive vegetation in this buffer area shall be disturbed,
destroyed, or removed, except for normal maintenance of structures
or in connection with landscaping approved by the Planning Board as
part of the project. The Planning Board may waive these buffer requirements
to the extent it determines that a smaller buffer (or no buffer) will
substantially further the goals of this section and otherwise be in
the best interests of the community. Any such waiver decisions shall
be made in consultation with the Conservation Commission where the
Commission's jurisdiction is applicable.
D.
Drainage. The Planning Board shall encourage the use
of "soft" (nonstructural) natural stormwater management techniques
(such as rain gardens and open grass and bioretention swales) and
other drainage techniques that do not create impervious surface and
that enable infiltration where appropriate. Stormwater should be treated
at the source to limit nonsource pollution. Water conservation measures,
including but not limited to the use of rainwater retention systems,
such as rain barrels and cisterns for water irrigation purposes, are
also strongly encouraged.
E.
Screening and landscaping. All structural surface
stormwater management facilities shall be accompanied by a landscape
plan. The landscape plan shall not include invasive plant species
and shall include species that are drought tolerant and provide habitat
value. Native plant species are strongly encouraged. In-ground sprinkler
systems are strongly discouraged.
F.
Common/shared driveways. A common or shared driveway
may serve a maximum number of 4 dwelling units. The Planning Board
may increase this number if it determines that a larger number will
substantially further the purposes and intent of the FRD of the Zoning
Bylaw and otherwise be in the best interests of the community.
G.
On-site pedestrian and bicycle circulation. Walkways
and bicycle paths shall be provided to link residences with parking
areas, existing trails and streets, recreation facilities (including
parkland and open space) and adjacent land uses where appropriate.
H.
Disturbed areas. Not more than 50% of the total tract
shall be disturbed areas. A disturbed area is any land not left in
its natural vegetated state. The Planning Board may allow a greater
area of temporary disturbance to the extent it determines that doing
so will substantially further the purposes and intent of the FRD in
the Zoning Bylaw and otherwise be in the best interests of the community.
