[Added 3-10-1987]
A.
This article is adopted pursuant to the provisions of RSA 674:21,
Innovative Land Use Controls.
B.
The cluster residential development (CRD) option is intended to enable
and encourage greater flexibility in the design of residential subdivisions
than would otherwise be possible following conventional subdivision
practice. By allowing reduced lot sizes, housing can be developed
in such a manner as to promote the most appropriate use of land; to
facilitate the economical and efficient provision of public services;
to promote open space conservation; to protect the natural and scenic
attributes of the land; and to expand opportunities for the development
of affordable housing in the Town of Bedford, all in accordance with
the goals and objectives of the adopted Master Plan.
[Amended 3-14-2000]
The cluster residential development option shall be available
only within the General Residential and the Residential Agricultural
Districts.
A.
Minimum tract area. The minimum tract area for a cluster residential
development shall contain at least 15 acres.
B.
Permitted use. Cluster residential developments shall be restricted
to the following uses:
[Amended 3-14-2000]
(1)
Single detached dwellings;
(2)
Single attached dwellings used exclusively as elderly housing;
(3)
One- to four-unit attached dwellings used exclusively for workforce
ownership housing;
[Added 3-10-2009]
(4)
Structures that are accessory to the above-listed principal residential
uses; and
(5)
The following accessory uses, which are permitted as common facilities
for the use or benefit of residents of the CRD:
(a)
Outdoor recreational facilities, including tennis courts, golf
courses, swimming pool, basketball courts, playgrounds, beaches, docks,
and trails;
(b)
Indoor recreational facilities, including a swimming pool, clubhouse,
cabana, spa, and tennis courts;
(c)
Storage facilities for CRD maintenance equipment; and
(d)
Community gardens, agricultural and horticultural operations,
and timber management.
C.
Prohibited uses. The following uses are prohibited in the CRD District:
[Added 3-11-2003; amended 7-13-2011]
(1)
Helipads on any lot or open space within a cluster development; and
(2)
The keeping or raising of livestock and poultry on the premises of
any lot or open space within a cluster development. Livestock and
poultry shall include but not be limited to cattle, goats, sheep,
swine, horses, buffalo, bison, llamas, alpacas, emus, ostriches, yaks,
elk, deer, chickens, turkeys, or guinea fowl.
E.
Water and sewerage service.
(1)
Water system. All dwelling units shall be served by a municipal water
system if access to such system is available within 1,000 feet of
the tract, except where preempted by state law; otherwise, all units
shall be served by a single or community water system or individual
wells.
[Amended 3-11-2014]
(2)
Sewerage system. All dwelling units shall also be served by the municipal
sewerage system if access to such system is available within 1,000
feet of the tract; otherwise, all units shall be served by a single
or community sewerage system.
[Added 3-8-1988]
F.
Construction inspection. The developer shall be responsible for paying
the costs of providing additional construction inspection services
in situations where the magnitude of the development is such that
it would overburden the Building Code Official.
G.
Compliance with local regulations. All cluster residential development
proposals shall comply with all applicable provisions of this chapter;
the Subdivision and Nonresidential Site Plan Review Regulations; and
other pertinent ordinances, regulations, and policies of the Town
of Bedford.
H.
Private roads. Private roads will be acceptable within the development,
provided that they are designed and constructed in accordance with
Town road standards, except that the Planning Board may approve reductions
in the required right-of-way width and modifications in block design
standards.
I.
Water and sewerage facilities. Water and sewerage facilities shall
be designed and installed in accordance with local and state standards.
Municipal or community systems shall be located within the rights-of-way
of the internal street system. The design and layout of such facilities
must have prior written approval of appropriate local and state authorities.
Such facilities shall be installed at the expense of the developer.
J.
Common open space area. The common open space area, as herein defined,
shall constitute at least 40% of the total tract area and shall be
comprised of environmentally sensitive areas as well as land suitable
for parks, recreation, conservation, or agricultural purposes. Of
the minimum common open space area, no more than 30% shall be comprised
of environmentally sensitive areas including surface water bodies,
land defined as the Wetland Conservation District, and in the absence
of municipal sewerage facilities or municipal water facilities, soil
types classified as "N/A" (Not Allowed) in the Soils and Steep Slopes
Regulations contained in the Subdivision Regulations of the Town of
Bedford.
[Amended 3-14-2000; 3-28-2023]
K.
Wetland Conservation District. The Wetland Conservation District shall be as defined in Article IV of this chapter.
L.
Net developable area. Net developable area is that portion of the
tract which remains after deducting the following from the total tract
area:
[Added 3-14-1989]
(1)
Actual public/private right-of-way area(s) for streets and utilities;
(2)
All surface water bodies;
[Added 3-12-1996]
(3)
One-hundred percent of all Hydric A soils and 75% of Hydric B soils;
and
[Amended 3-11-1997]
(4)
In the absence of municipal sewerage facilities or municipal water
facilities, all soil types classified as "N/A" (Not Allowed) in the
Soils and Steep Slope Regulations contained in the Subdivision Regulations
of the Town of Bedford.
[Amended 3-12-1996]
A.
Definition. The permitted density is the number of dwelling units allowed in the development. This number shall not exceed the number which would be allowed using conventional subdivision requirements for the zoning district(s) in which the cluster residential development is proposed except for density bonuses permitted for workforce ownership housing developments provided for in Subsection B of this section.
[Amended 3-10-2009]
B.
Computation of permitted density. The total number of dwelling units/lots
that shall be permitted on a tract of land proposed for a cluster
residential development shall be determined by the following steps:
(1)
Computation of lot size
[Amended 3-12-1996]
(a)
Where municipal sewerage facilities or municipal water facilities will serve the development, compute the minimum lot size using Table 1, Table of Dimensional Requirements, in § 275-22, Dimensional Regulations;
(b)
Where community or individual septic systems and community or
individual wells will serve the development, compute the minimum lot
size using Table 1A of the soils and steep slope regulations of the
Subdivision Regulations of the Town of Bedford.
(c)
The computation is a weighted average of all usable soils.
(d)
Usable soils are the soils of the tract minus surface water
bodies, 100% of Hydric A soils and 75% of Hydric B soils, and soil
types classified as "N/A" (Not Allowed) identified in Table 1A.
[Amended 3-11-1997]
(2)
Compute the dwelling unit density by using the following formula:
(3)
Sites in more than one zone
[Added 3-14-1989]
(a)
If the proposed cluster residential development is located in
more than one zoning district, then the total number of dwelling units
allowed within the tract shall be the sum of those allowed for the
portion of land lying within each zoning district.
(b)
Where the calculation results in a fraction of a unit, and the
fraction is 1/2 or greater, the number of units may be rounded to
the next larger whole number.[1]
[1]
Editor's Note: Former Subsection B(4), Workforce ownership
housing, added 3-10-2009, which immediately followed this section,
was repealed 3-12-2019.
A.
Diversity and originality. Diversity and originality in lot layout
and individual building design shall be encouraged to achieve the
best possible relationship between development and the land.
B.
Drainage. Natural surface drainage channels shall be either incorporated
into the overall site design or shall be preserved as part of the
required open space.
C.
Architectural styles. Architectural styles which are compatible with
the natural amenities and topography of the site will be encouraged.
D.
Design priorities. Lots, buildings, streets, parking areas, and cluster
units shall be designed and arranged to:
(1)
Minimize alteration of the natural site features to be preserved;
(2)
Relate to surrounding properties;
(3)
Improve the view from and view of buildings;
(4)
Lessen the area devoted to motor vehicle access; and
(5)
Avoid the adverse effects of noise, shadows, lights, and traffic
on the residents of the development.
E.
Open space.
(1)
That portion of the common open space area which is not comprised
of environmentally sensitive areas, but which is comprised of land
suitable for parks, recreation, conservation, or agricultural purposes,
shall have a shape, dimensions, character, and location that will
ensure its usability for those purposes by all residents of the CRD.
Forty percent of the open space area shall be retained in contiguity.
[Amended 3-14-2000]; 3-28-2023
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[Example #1. In the case of a minimum CRD tract area
of 15 acres, 25% of the tract, or a total of 3.75 acres, is required
for common open space. Forty percent of the common open space which
amounts to 1.5 acres, is required to be contiguous and suitable for
parks, recreation, conservation, or agricultural purposes, and have
a minimum dimension of 200 feet. The acre and a half of usable open
space which would be provided in this minimum size CRD is a reasonable
area for a small neighborhood playground or passive park.]
| |
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[Example #2. A one-hundred-acre CRD would yield 25 acres
of common space of which 10 acres would be required to be contiguous
and suitable for parks, recreation, conservation, or agricultural
purposes with a minimum dimension of 425 feet. Ten acres of usable
open space represents an adequate area to support park facilities
and playfields, or alternatively, is coincident with the current use
standards for a range of open space uses including agriculture and
forestry.]
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(2)
Open space areas shall be easily accessible to pedestrians. The Planning
Board is empowered to review and approve the configuration of the
open space and to require pedestrian trail connections which shall
interconnect all dwelling units and open space area.
[Amended 3-28-2023]
(3)
The common open space may be used for the following park, recreation,
conservation, or agricultural purposes:
[Amended 3-14-2000]
(a)
Outdoor recreational facilities, provided that no more then
10% of the required common open space be devoted to outdoor recreational
facilities with impervious surfaces such as tennis courts, swimming
pools, and basketball courts;
(b)
Community water supply wells;
(c)
Community leaching systems of subsurface wastewater disposal
systems;
(d)
Community gardens, and agricultural and horticultural operations;
and
(e)
Timber management.
F.
External boundaries of the tract.
(1)
Minimum frontage. The minimum frontage on a state-or Town-maintained
road of Class V designation, or better, shall be 100 feet in the aggregate
which may consist of two fifty-foot rights-of-way serving as access
to the development.
(2)
Buffer zone.
(a)
All single detached dwellings, together with any accessory buildings,
structures, and other man-made improvements, shall be located a minimum
of 50 feet from the external boundary of a cluster residential development.
The fifty-foot perimeter buffer shall be comprised of existing vegetation
and shall be included in the square footage of each lot area. The
Planning Board may permit roads, driveways and utilities to cross
through the buffer as needed to access lots within the development.
[Amended 3-8-2016]
(b)
All single attached dwellings, together with any accessory buildings,
structures, and parking facilities, shall be located a minimum of
100 feet from the external boundary of a cluster residential development.
The Planning Board may permit streets and utilities to cross through
the one-hundred-foot buffer area, and may allow certain outdoor recreational
facilities within this area, provided that such improvements are compatible
with adjacent land uses. Existing vegetation, including significant
large trees, shall be preserved in this area, and the Planning Board
may require additional landscape materials to be integrated with the
existing vegetation in order to provide effective screening on a year-round
basis between the CRD and adjacent land uses.
(c)
The buffer shall be located and flagged by a surveyor licensed
by the State of New Hampshire, and permanent markers identifying the
buffer and its no-disturbance requirement shall be placed along the
contour of the buffer, generally not more than 75 feet apart. Where
buffers intersect property lines, the marker shall also be placed
on the property line.
[Added 3-12-2013]
G.
Internal design requirements.
(1)
The total number of dwelling units that will be allowed in a cluster residential development shall be determined as shown under § 275-33, Permitted density, of these provisions. There shall be no required minimum lot size for individual building lots within a CRD; however, lot sizes must comply with Env-Ws 1005.06 of the Subdivision and Individual Sewage Disposal System Design Rules of the New Hampshire Department of Environmental Services.
[Amended 3-14-2000]
(2)
The road frontage for individual building lots within clusters shall
be negotiated between the Planning Board and the developer in the
interest of encouraging flexibility in site design, but road frontages
on individual lots shall not be less than 25 feet.
[Amended 3-8-2016]
(3)
The following standards shall govern building setback:
(4)
Each new cluster residence that is served by an individual septic
system and is less than 20,000 square feet in area may be required
to submit a final grading plan to the Planning Board as part of the
submission for Planning Board approval.
[Added 3-14-2000]
H.
Lots abutting preexisting single dwelling residences. To ensure the
protection of preexisting residences, the Planning Board has the option
of requiring that proposed cluster lots abutting lots with an existing
single residence will conform to the minimum area requirements of
the abutting lots.
[Amended 3-12-1996]
I.
Design standards for single detached dwellings. Single detached dwellings
shall be located on individual lots. The structures may be placed
on the lots in a zero lot line arrangement such that one side yard
setback is eliminated. Where a zero lot line arrangement is proposed
for single detached dwellings located on individual lots, the Planning
Board may allow one of the side yard setbacks to be reduced or eliminated
in a consistent pattern for all lots, provided that the side yard
setbacks on adjacent lots shall not be eliminated in such a manner
so as to result in the single detached dwellings located thereon sharing
a party wall.
[Added 3-14-2000]
J.
Design standards for single attached dwelling for elderly and workforce
housing.
[Added 3-14-2000; amended 3-10-2009]
(1)
There shall be a maximum of four single attached dwellings per building.
There shall be a minimum of 50 feet of separation between all such
buildings.
(2)
Each single attached dwelling shall have available a private yard
of at least 500 square feet adjacent to the building and dedicated
to the exclusive use of the residents of said building. The private
yard space may contain patios, decks, fences, landscaping, gardens,
and other outdoor facilities.
[Amended 3-10-2009]
(3)
The installation of residential sprinkler systems shall be required
for buildings containing single attached dwellings. Where municipal
water service is not available, on-site water storage facilities shall
be designed and installed to provide fire protection and suppression
capabilities for buildings containing single attached dwellings.
[Amended 3-11-2008]
(4)
Workforce ownership housing units shall be designed to be similar
in exterior appearance, scale and massing and be otherwise visually
indistinguishable from market-rate units in the development. They
shall also be geographically dispersed throughout the development.
[Added 3-10-2009]
An integral part of the cluster residential development submission
requires the preparation and presentation to the Planning Board, by
the developer, of the proposed articles of association or incorporation
which establishes the homeowners' association. Said document must
be approved, in writing, by the Planning Board prior to the granting
of development approval, but only after legal review by the Board's
counsel. The cost of such legal review shall be borne by the developer.
Any proposed changes in such articles of association or incorporation
shall require the prior written approval of the Planning Board. The
following shall apply to the provisions of the articles of association
or incorporation:
A.
Membership.
(1)
Membership in the homeowners' association shall be mandatory for
cluster subdivision property owners and made a required covenant in
all deeds issued or passed.
(2)
The association shall provide voting and use rights in the open space
area(s) when applicable and may charge dues or levy assessments to
cover expenses which may include tax liabilities of common areas and
for the maintenance of such common areas, open space areas, improvements,
rights-of-way, utilities, etc.
(3)
Such organization shall be responsible for the perpetuation, maintenance,
and function of all common lands, uses, and facilities.
B.
Restrictive covenants.
C.
Continuance of restrictive covenants and the association.
(1)
Such restrictive covenants and the association shall continue in
effect so as to control the availability of facilities for their intended
function, and to protect the development from additional unplanned
densities and use.
(2)
Such association shall not be dissolved, nor shall such association
dispose of any common, open space or natural land by sale or otherwise,
except to an organization or association conceived and organized to
own and maintain such areas, without prior written consent of the
Planning Board.
D.
Open space land.
(1)
Except as may otherwise be allowed by the Planning Board in accordance
with this article, any and all open space lands within a cluster residential
development tract shall be held in common ownership by the dwelling
unit owners.
[Amended 3-14-2000]
(2)
All open space, however, has been set aside to lessen the environmental
impact of subdivisions on the Town. Therefore, any change in the open
space, other than to maintain it in reasonable order and condition
in accordance with the approved final plan, requires prior written
approval of the Planning Board.
E.
Failure to maintain open space areas.
(1)
Notification by Town. In the event that the organization established
to own and maintain the open space areas, or any successor organization,
or the owner or owners of the dwelling units located within the development
who own said open space shall, for any reason, fail to maintain the
open space in reasonable order and condition in accordance with the
approved final plan, the Town Council shall serve written notice upon
such organization, successor organization, or residents setting forth
the deficiencies in the maintenance, order, and condition of the open
space.
(2)
Contents of notice. Such notice shall include a demand that said
deficiencies be cured forthwith and that a statement of intent to
comply and a date of compliance shall be filed with the Town Council
within 14 days of said notice.
(3)
Public hearing. If such maintenance shall not have been performed
or said statement of intent shall not have been filed by the stated
time, the Town Council shall hold a public hearing, with notice to
the officers of the organization and notice as required by RSA 676:4(d).
At the hearing, the organization or the residents of the development
shall show cause why such maintenance has not been performed.
[Amended 3-11-2003]
(4)
Court action. Following the hearing, the Town may initiate court
action to remedy the violation, including the right to enter and perform
the necessary maintenance, the right to recoup costs associated with
such maintenance, the right to place liens on individual units, the
right to levy fines, and the right to collect attorney's fees.
[Amended 3-11-2003]
(5)
Compatibility with existing documents. Provisions of this section
shall in no way be in derogation of, or supplant the rights of the
Town as provided in any declaration or other documents related to
a cluster which are recorded in the Registry of Deeds.
[Amended 3-11-2003]
F.
Cost of such maintenance by the Town.
(1)
The cost of such maintenance by the Town shall be assessed against
the properties in the development in direct relation to their proportionate
interest in the common area and shall become a tax lien on said properties.
(2)
At the time of entering upon said common areas for the purpose of
maintenance, notice of such lien shall be filed in the office of the
Hillsborough County Register of Deeds.
[Added 3-14-2000]
The Planning Board is authorized to administer and grant conditional
use permits to allow a CRD to include two noncontiguous tracts: one
tract for development on which all dwelling units will be developed
and a second tract which will provide for the minimum common open
space. Options available through the conditional use permit process
include the retention of the open space tract by the homeowners' association
or the conveyance of the open space tract, for permanent protection
purposes, to a governmental entity or to a private land trust. Where
the proposed open space tract includes developable land and is of
an area that exceeds the requirements for common open space, the tract,
or a portion thereof, may be transferred to the tract that is to be
developed for dwelling units as part of the CRD.
A.
Retention of the open space tract by a homeowners' association. Where
the tract to be retained as open space is located within 1/4 mile
of the tract that will be developed such that the residents of the
CRD will have ready access, an unobstructed view, or other benefit
from the open space tract, the Planning Board may allow the CRD to
occur on two tracts, provided that the open space tract is encumbered
by covenants and restrictions that permanently protect its status
as open space, and that the open space tract is linked by deed or
other appropriate legal instrument to the dwelling units on the development
tract. The distance between tracts shall be measured in a straight
line, from property boundary to property boundary.
B.
Conveyance of the open space tract. Where the tract to be retained
as open space is deemed important to the Town of Bedford in accordance
with the Town's officially adopted open space plans and policies,
the Planning Board may allow the CRD to occur on two tracts, provided
that the open space tract is conveyed, subject to covenants, restrictions,
or agreement, to a governmental entity or to a private land trust.
In granting a conditional use permit under these circumstances, the
Planning Board shall make a finding that the open space benefits to
the community from the cluster residential development occurring on
two lots exceed any benefits to be derived from the protection of
common open space that would otherwise occur in a standard cluster
residential development on a single tract. The Planning Board shall
also approve the deed of conveyance including all covenants and restrictions,
and any maintenance agreements concerning the open space.
C.
Transfer of the right to develop dwelling units. In any application for a conditional use permit for a CRD including two noncontiguous tracts, where the size of the open space tract exceeds the area requirements for common open space in accordance with this article, and where the excess area of the open space tract meets the standards of net developable area in accordance with § 275-32L, Net developable area, of this chapter, the Planning Board may allow the transfer of the right to develop dwelling units that would otherwise be able to be built on that excess portion of the open space tract to the CRD development tract. The maximum number of units that can be transferred under these circumstances is equal to the number of dwelling units that could theoretically be developed on an area equivalent to 90% of the minimum required open space area in accordance with § 275-32J, Common open space, of this chapter, when subjected to an analysis of the net developable area and the permitted density standards of this article. In granting a conditional use permit under these circumstances, the Planning Board shall make a finding that the water supply and subsurface wastewater disposal facilities available to the development tract are capable of accommodating the additional dwelling units to be transferred from the open space tract.
D.
Open space requirement for the development tract. In a CRD which includes two noncontiguous tracts, the tract on which all dwelling units will be developed shall retain a minimum of 10% of the minimum open space as required pursuant to § 275-32J, Common open space, of this chapter. No more than a 1/4 of said common open space shall be comprised of environmentally sensitive areas, and the location and arrangement of said common open space shall comply with the standards of § 275-34E, Open space, of this chapter.
E.
A quarter
of a mile limitation on the separation between noncontiguous tracts
is imposed upon those CRDs where the association would retain ownership
of the open space. A minimum requirement is set forth for open space
to be retained within the development tract. A total of 10% of the
required open space must be retained with the development tract. Therefore,
90% of the required open space on the development tract is available
for the transfer of dwelling units from the noncontiguous open space
tract.
[Amended 3-14-2000[1]]
