[Added 10-26-1988; amended 5-6-2004]
Building permits for the construction of dwelling on lots held
in common ownership on the effective date of this provision shall
not be granted at a rate per annum greater than as permitted by the
following schedule commencing in the year such lots are subdivided
or in the year this provision becomes effective, whichever is later.
15.1.1.
Projects over 10 lots. For lots containing a total area of land sufficient
to provide more than 10 dwellings at the maximum density permitted
for the district in which such lots are located: 1/10 of the number
of dwellings permitted to be constructed or placed on said total area
of land based on said maximum permitted density.
[Amended 5-5-2005 ATM by Art. 18]
15.1.2.
Projects less than 10 lots. For such lots containing a total area
of land insufficient to provide 10 or more dwellings at the maximum
density permitted under these bylaws for the district in which such
lots are located: one dwelling.
Any lots in a subdivision covered by this provision hereafter
sold or otherwise transferred to another owner shall include in the
deed the earliest date on which construction may be commenced in accordance
with these provisions.
The rate of development of a subdivision is established as a
part of the evaluation of a definitive plan and shall be calculated
as follows:
15.3.1.
Add the total acreage of all lots which, because of their size,
restrictive covenants or conservation restrictions, cannot be resubdivided
(the road system shall not included).
15.3.2.
Subtract from the total of § 15.3.1 above the nonbuildable
land which, because of soil conditions or topography, is not buildable
within the lots covered by § 15.3.1.
15.3.3.
Add to the result of §§ 15.3.1 and 15.3.2 above
the allowable minimum lot size acreage for the district in which the
subdivision is located for each lot which can be resubdivided. (For
example, a three-acre lot in a 40,000 square feet zoning district
will be considered 40,000 square feet for purpose of this calculation.)
15.3.4.
Divide the result of § 15.3.3 above by the minimum
lot size allowable for the district in which the subdivision is located.
The rate of development each year equals 10% of this number.
[Amended 5-5-2011 ATM by Art. 18]
This section shall not apply to lots created by divisions of
land which are not subdivisions (as that term is defined in MGL c.
41, § 81L).
[Amended 5-5-2005 ATM by Art. 18; 5-1-2008 ATM by Art. 24; 11-3-2011 STM by Art. 18]
This Rate of Development Bylaw shall expire on June 1, 2014;
provided, however, that Town Meeting may, before June 1, 2014, extend
this bylaw if Town Meeting finds, based on a report from the Planning
Board or other Town board, official or committee, that an extension
of the bylaw is necessary to address the Town's growth planning needs
or resource-based problems.
