[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]