The purpose of open space developments is to preserve the rural
and scenic character of Hudson by encouraging more efficient patterns
of land development which conserve open and green spaces, farmland,
wildlife habitats, water resources, scenic areas and other natural
resources. It is also designed to provide for increased recreational
opportunities and to promote greater neighborhood cohesion, without
altering overall land use densities or land use patterns.
As used in this article, the following terms shall have the
meanings indicated:
A form of land subdivision where lot size and other dimensional
requirements and minimum road widths may be reduced in exchange for
the permanent preservation or provision of proportional areas of open
space, farmland, recreational land and other lands. An "OSD" shall
adhere to the permitted uses and density requirements otherwise applicable
to the district in which the "OSD" is located.
OSDs may be located in any zoning district and may include any
use or combination of uses permitted in the district in which the
OSD is located.
[Amended 3-12-2002 by Amdt. No. 7
Minimum density requirements for all uses in an OSD correspond with the minimum lot size requirements established in Article VII, Dimensional Requirements. Total open space provided as a part of an OSD application must be of sufficient land area, when added together with the total land area devoted to individual lots, to provide an overall density no greater than that which would be provided in a non-OSD development. To aid in evaluating the number of allowable lots, all OSD applications submitted to the Planning Board for review shall include both a preliminary, conventional subdivision plan and an OSD plan. The preliminary conventional plan shall, at a minimum, include the zoning district, proposed streets, driveways, lot lines, wetland delineation, wetland setbacks, and a table with calculations for each lot.
The area of individual lots within an OSD may be reduced by up to 50% of the minimum lot size requirements established in Article VII, as provided herein.
A.
An area of land, equal to or greater than the difference between
the size of each open space lot and the minimum lot size, shall be
dedicated to permanent open space, conservation land or recreation
land.
B.
No reduced area residential lots shall be arranged to front or abut
preexisting streets, roads or highways.
C.
All subsurface sewage disposal and water supply requirements for
individual or community systems shall be compiled with, or Town water
and sewer shall be provided.
[Amended 3-13-2001 by Amdt. No. 2]
Frontage and setback requirements for individual lots within an OSD may be reduced up to 50% of the minimum frontage and setback requirements established in Article VII, as provided herein, if approved by the Planning Board.
The minimum open space requirement of § 334-50 may be provided through common land or individually owned land placed in permanent conservation or recreational easements or by other land use restrictions. The OSD shall comply with the following conditions:
A.
Only undeveloped land, landscaped green space or recreational areas
may be included in the calculation of minimum open space requirement.
Setback areas along the perimeter of the subdivision may not be included
in the open space calculations.
B.
Roadways, driveways, rights-of-way, utility easements, parking areas
and other developed areas, except for recreational paths, trails or
facilities, may not be included as part of minimum open space requirements.
C.
Wetland(s), road rights-of-way, and slopes in excess of 25%, shall
not be considered in the calculation of total lot area. The one-hundred-year
floodplain areas shall not exceed 25% of the total land area of the
OSD.
[Amended 3-9-1999; 3-12-2002 by Amdt. No. 8]
D.
Whenever possible, lots or dwelling units should be arranged to abut
or have direct access to common open space or recreational land.
E.
Lots and open space should be arranged to preserve and protect prominent
natural features, historic or archaeological resources, scenic vistas,
surface water bodies and streams and other important natural and man-made
landscape features.
A.
Off-site compensatory open space may be permitted at the discretion
of the Planning Board where the land meets the following conditions:
(1)
The land is either comprised of prime farmland soils or it has been
used for active agricultural purposes within the five years prior
to the date of application;
(2)
It encompasses important wildlife habitats as recognized or approved
by the Conservation Commission;
(3)
It consists of land with strong potential for providing needed recreational
areas for future residents of the proposed development as well as
for the Town as a whole;
(4)
It would serve to provide access to important surface or to protect
groundwater resources; or
(5)
It encompasses other areas of exceptional scenic or historic value.
B.
Where compensatory open space is provided in lieu of on-site open
space, the Planning Board may require the developed portion of the
OSD to be adequately screened from adjacent properties.
[Amended 3-13-2001 by Amdt. No. 2]
Minimum road and right-of-way widths may be reduced at the discretion
of the Planning Board, where such reductions would result in development
patterns more harmonious to the natural or man-made features of the
site without sacrificing public convenience or safety. All roads within
the open space plat shall be public roads.
[Amended 3-12-2002 by Amdt. No. 9]
Except as otherwise provided for in this chapter, all single-
or two-family OSD subdivisions must comply with the submission, review
and approval requirements of Hudson's Land Subdivision Regulations.[1] Nonresidential or multifamily residential OSD shall comply
with thesubmission, review and approval requirements of Hudson's Site
Plan Regulations.[2] The Planning Board may adopt additional OSD subdivision
or site plan review regulations to govern the review of common lands,
private covenants, homeowners' association agreements and other pertinent
issues.
