A.
The purpose of this Article XIV, Residential Subdivision Growth Rate Limit, is to ensure that the rate of development does not exceed the Town's ability to provide at least the current level of municipal services (e.g., schools, fire and police protection, an adequate supply and distribution of clean drinking water, roadways, solid waste disposal, etc.) and maintain at least the current ratio of protected open space area per year-round resident. The Town's 1993 Comprehensive Plan and 1999 Revised Comprehensive Plan Draft and supporting documents indicate the consequences of unchecked growth and recommend provision of adequate capital facilities and municipal services to meet the demands of current and future residents. These objectives are best accomplished by restraining the rate of residential growth to an annual level at which the Town can achieve its open space preservation goals and provide adequate municipal facilities and services within the constraints imposed by "Proposition 2 1/2," so called. Environmental constraints require that open land be developed at a minimum density of one dwelling per acre. Careful evaluation of this rate of land consumption has indicated that the costs associated with population growth would prevent the Town from providing adequate facilities and services and/or work against the Town's effort to protect sufficient open space and water supplies due to increased competition for limited funding. In addition, this article is intended to further the legitimate commonwealth and local interests in the provision of a fair share of housing that is affordable to persons of low and moderate income.
B.
The intent of this Article XIV, Residential Subdivision Growth Rate Limit, is to limit residential subdivision development within the Town of Harwich to no more than 50 building permits per year, as further defined herein. No person or persons as defined in § 325-87 may be granted more than 10% of this total, as described herein.
As used in this article, the following terms
shall have the meanings indicated:
As described herein, shall be defined as property subdivided
and governed by the Subdivision Control Law.[1]
A building permit granted to property/lots created by means
subdivision plans approved subsequent to the adoption of this bylaw,
as defined in "residential subdivision" above.
[1]
Editor's Note: See MGL c. 41, §§ 81K
to 81GG.
This bylaw shall limit the issuance of residential
subdivision building permits for subdivision lots created after approval
of this bylaw and issued pursuant to an approved subdivision as defined
in the Rules and Regulations Governing the Subdivision of Land and
Site Plans of the Town of Harwich, Massachusetts,[1] except division of land not creating new road frontage.
[1]
Editor's Note: See Ch. 400, Subdivision of
Land and Site Plan Special Permits.
The Building Department shall issue no more
than 50 residential subdivision building permits per year for lots
governed by this bylaw. As it is the intent of this bylaw that an
equitable number of permits be available to all applicants, permits
shall be issued under this section as follows:
A.
Residential subdivision building permits shall be
issued on a first come, first served basis as further governed herein.
B.
No more than 10% of the available residential subdivision
building permits shall be issued in one calendar month.
C.
Applicants shall demonstrate, by means of a deed or
other similar instrument, ownership of the property at the time of
application and prior twelve-month period.
D.
To ensure equitable distribution, all applicants for
residential subdivision building permits under this section (whether
an individual, a corporation or a realty trust) must, under penalty
of perjury, divulge those holding a beneficial interest in excess
of 1%. No permit shall be issued to any corporation or realty trust
if any individual holder of beneficial interest in excess of 1% has
been party to the issuance of five residential subdivision building
permits during the current calendar year, whether such interest was
as an individual or as a holder of beneficial interest in excess of
1% in any corporation or realty trust.
Low- and moderate-income housing constructed
by a public agency, nonprofit organization, or limited dividend sponsor
of affordable housing, as defined by MGL c. 40B, provided that such
housing units have deed restrictions to ensure that they remain affordable
for no less than the time period specified by the relevant subsidy
program or statute, is hereby exempted from the provision of this
bylaw.
If any provision of this bylaw is held invalid
by a court of competent jurisdiction, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Harwich Zoning Bylaw.
