[Added 5-4-2000]
The purposes of this bylaw are:
17.1.1.
To permanently protect farmland and agricultural soils in the
Town of Hadley.
17.1.2.
To protect farmland property values and provide a fair economic
return to owners of property restricted from further development.
17.1.3.
To foster compact commercial and industrial development in central
areas served by public infrastructure.
[Amended 5-5-2011 ATM by Art. 18]
"Developable Farmland" - is defined as land that
is enrolled under MGL c. 61A, Assessment and Taxation of Agricultural
and Horticultural Land, and is covered by soils in USDA land capability
Classes I to IV. Where public sewer service is not immediately available
to a lot, only 50% of soils identified by the USDA soils maps as hydric
(wetland) within Classes I to IV may be counted as developable farmland.
However, a landowner may submit to the Planning Board percolation
test data consistent with Title 5 of the State Environmental Code,
310 CMR 15, or a soils test prepared by a registered engineer, to
demonstrate that soils should be counted as developable farmland.
The following overlay zoning districts are hereby established:
17.3.1.
Farmland Preservation District: This district shall consist
of all land within the Agricultural-Residential Zone. Within the Farmland
Preservation District, all parcels of developable farmland, as defined
herein, of at least five acres will be eligible for transfer of development
rights.
17.3.2.
Receiving District: This district shall consist of all lots
within the Business and Industrial Zones with frontage on a public
way.
[Amended 10-16-2021 ATM by Art. 13]
Transfer of development rights provides for increased density
of commercial or industrial development in the designated Receiving
District when suitable open space land in the Farmland Preservation
District is permanently preserved from development. The transfer of
development rights is accomplished by the execution of an agricultural
preservation restriction, and the increased density is permitted by
the issuance of a special permit, both as hereinafter provided.
All lots shown on a plan, or described in a deed, recorded at
the Registry of Deeds in the Farmland Preservation District and meeting
the criteria described in § 17.2 are eligible to apply for
a special permit from the Planning Board to transfer all or part of
the development rights, certified under § 17.7 of this bylaw,
on the lot to a lot in a Receiving District.
17.6.1.
To be eligible for transfer of development rights, a special
permit with site plan approval from the Planning Board is required.
17.6.2.
The Planning Board may permit an increased number and density
of buildings in the Receiving District as part of a special permit
for transfer of development rights, in accordance with § 17.8
of this bylaw.
17.7.1.
Eligible landowners (individuals that own land in the Farmland
Preservation District) may submit an application to the Planning Board
for certification of available development rights on their property.
The applicant shall determine the number of acres of land eligible
for transfer from the parcel in the Farmland Preservation District,
using the following process:
17.7.1.1.
Determining the number of acres of developable farmland in the
Farmland Preservation District. "Developable farmland" is defined
in § 17.2.
17.7.1.2.
After conferring with the Conservation Commission, subtracting
all acreage which is identified as wetlands. The Conservation Commission
may require the applicant to complete a wetland delineation.
17.7.1.3.
Subtracting 5% of the total remaining parcel acreage to account
for land which would be used for roads if the parcel had been developed.
17.7.2.
The Planning Board shall review the applicant's assessment of
acreage eligible for transfer and shall make a final determination
of such acreage eligible for transfer. Within 45 days of receiving
an application, the Planning Board shall issue a TDR certificate to
the applicant that states the number of certified development rights
that are available for transfer. This certification shall in no way
serve as determination of the number of lots in a standard development.
Each acre so certified shall constitute one certified development
right unit.
17.8.1.
The applicant proposing to develop specified land in the Receiving
District at a density allowed by this bylaw with a transfer of development
rights shall make application to the Planning Board for a special
permit with site plan approval. The application shall clearly illustrate
a land parcel or parcels in the Farmland Preservation District and
a land parcel or parcels in the Receiving District proposed for transfer
of development rights and the number and form of development rights
proposed for transfer, in accordance with the provisions of § 17.9.
The application shall also show that the applicant has an option to
purchase certified development rights for the proposed transfer.
17.8.2.
The applicant shall submit to the Planning Board a transaction
fee, to be used for the administration, recording and monitoring of
the transferred development rights and preserved agricultural preservation
restriction. The Planning Board may employ a consultant for these
administrative purposes. This fee may be in addition to an application
fee.
17.8.3.
The applicant shall also file with the Planning Board a preliminary
development plan for the parcel in the Receiving District, illustrating
how the transferred development rights will be used.
17.8.4.
Prior to final approval of a special permit, the applicant shall
tender to the Planning Board a valid instrument granting to the Town
a permanent agricultural preservation restriction for eligible land
in the Farmland Preservation District. The developer shall furnish
to the Planning Board a certificate of title by a duly licensed attorney
and such other evidence or assurance of title as may be satisfactory
to the Town Counsel.
17.8.5.
Upon advice of the Town Counsel that the agricultural preservation
restriction document is valid and sufficient, there must be a vote
by the Board of Selectmen authorizing Conservation Commission acceptance
of the agricultural preservation restriction. If the special permit
application is valid and sufficient, the Conservation Commission,
acting on behalf of the Town, shall accept the agricultural preservation
restriction for signature of the Massachusetts Commissioner of Agriculture
in the same manner as other APRs and for recording in the County Registry
of Deeds. Upon final approval of site plans, the Planning Board shall
issue a special permit permitting development of the specified land
at the approved density, based on the table in § 17.9.
17.9.1.
Each acre of developable farmland within the Farmland Preservation
District is equivalent to one of the development rights in the Receiving
District shown in the Table of Exchange Standards for Transfer of
Development Rights, found below in this section.
17.9.2.
The maximum limits on density, lot coverage, and parking reductions
permitted to be developed by special permit in the Receiving District
shall be determined by reference to the Table of Exchange Standards
for Transfer of Development Rights, found below in this section.
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Table of Exchange Standards for Transfer of Development
Rights
[Amended 5-1-2008 ATM by Art. 26; 5-7-2009 ATM by Art. 32] | ||||
|---|---|---|---|---|
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Farmland Preservation District (Sending District)
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Business and Industrial Zoning (Receiving District)
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Notes
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1 acre of developable farmland1 equals
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2,000 square feet of additional commercial or industrial floor
area2 plus a reduction in parking of 20
spaces3
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1) The Board may allow an increase in lot coverage from the
30% maximum lot coverage required in Section IV of the Hadley Zoning
Bylaw up to a maximum 70% lot coverage4
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|
2) The Planning Board may reduce the parking requirements in
§ 5.4 of the Zoning Bylaw for off-street parking area which
is equal to twice the floor area of any commercial or industrial building
to be constructed. The Planning Board may reduce this requirement
for off-street parking area to a minimum of 1.5 times the floor area
of any commercial or industrial building to be constructed.
| ||||
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1 acre of developable farmland1 equals
|
2 additional bedrooms
|
See §§ 27.5.3.1 to 27.5.3.3 of the Hadley Zoning
Bylaw
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1
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"Developable farmland" is defined in § 17.2
| |
|
2
|
"Additional commercial or industrial floor area" shall be defined
as floor area above that which would normally be permitted under the
Hadley Zoning Bylaw. The increased floor area shall be accommodated
through either increased lot coverage or reduced parking requirements
as noted in the table above.
| |
|
3
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One parking space is equal to 200 square feet.
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4
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The requirement in § 5.5 of the Hadley Zoning Bylaw
for a minimum of 20% open space on a lot must be maintained.
|
17.9.3.
When a landowner wishes to sell less than the total number of
development rights available to a tax parcel, he may do so provided
that:
17.9.4.
The landowner must sell the development rights from the best
agricultural soils first. In no event shall areas of nonbuildable
floodplain, wetland, or slope be approved for transfer before all
farmland on the tax parcel is first protected.
17.10.1.
All uses developed under this bylaw must meet the following
standards:
17.10.1.1.
The height of buildings shall not exceed
the maximum height allowed in the underlying district.
17.10.1.2.
To the extent feasible, adjacent uses shall
utilize shared parking areas and shared curb cuts to minimize vehicular
safety impacts on roads.
17.10.1.3.
Pedestrian and bicycle amenities, such as
sidewalks, shall be provided.
17.10.2.
The Planning Board may consider, in making its special permit
decision, whether the project meets the following design standards:
17.10.2.1.
The exterior facades of buildings shall
be constructed of clapboards, brick, stone or other materials, and
shall include exterior windows, consistent with the historic character
of the Town.
17.10.2.2.
All roofs shall be peaked.
The Planning Board shall not grant any special permit for transfer
of development rights unless it finds the following criteria are met:
Buyers and sellers must report all TDR transactions (options,
sales, gifts, donations) to the Planning Board within 10 business
days.
No agricultural preservation restriction which has been conveyed
under this bylaw may be released unless the provisions for release
of agricultural preservation restrictions in MGL c. 184, § 32
have been met, which include:
17.13.1.
The restriction must be repurchased from the Town by the landowner
at its then fair market value, and funds must be returned only to
the Town bank for development rights.
17.13.2.
The restriction shall be released by its holder only if the
land is no longer deemed suitable for agricultural or horticultural
purposes and if approved by a two-thirds vote of both branches of
the Massachusetts General Court.
[Amended 5-5-2011 ATM by Art. 18]
In lieu of transferring development rights using the process
described in §§ 17.4 to 17.9 above, an applicant for
a special permit in § 17.8 may make a cash contribution
to the Town of Hadley to be used for the purpose of purchasing agricultural
preservation restrictions. The contribution shall be of a value equal
to the value of the required development rights, as determined in
the Table of Exchange Standards for Transfer of Development Rights.
This value shall be determined by multiplying the number of acres
of developable farmland required by the average cost for the purchase
of agricultural preservation restrictions in the Town of Hadley over
the last three years, as determined by the Conservation Commission.
[Amended 5-2-2014 ATM
by Art. 27]
The Planning Board shall conduct a biannual review of this bylaw
at an advertised public meeting in order to assess the bylaw. The
Planning Board shall make recommendations to the Town for any changes
needed in the bylaw structure or process.
17.16.1.
Lots in the Farmland Preservation District which receive a special
permit for transfer of development rights are exempt from building
permit limits in the Zoning Bylaw, Section XV, Rate of Development,
only for purposes of a transfer of development rights.
[Amended 5-5-2011 ATM by Art. 18]
17.16.2.
Building permit limits shall remain in effect in the Farmland
Preservation District, except for those development rights which are
transferred as part of a special permit under this section.
[Amended 5-5-2011 ATM by Art. 18]
The Town may purchase development rights for the purpose of
sale or use in the Receiving District, or for retirement, after a
vote of Town Meeting.
