[Added 10-4-2010 OTM by Art. 19, approved 2-7-2011]
Lot/slope requirements: In the residential zoning districts
the provisions of this article shall apply:
A.
Purpose: The purpose of this section is to preserve and enhance the
landscape by encouraging the maximum retention of natural topographic
features, such as drainage swales, streams, slopes, ridgelines, rock
outcroppings, vistas, natural plant formations and trees; to minimize
water runoff and soil-erosion problems incurred in grading of steep
slopes; to encourage innovative architectural, landscaping, circulation
and site design. For the purposes of this subsection, the term "natural"
shall be defined as the condition of the ground surface as it exists
at the time a subdivision or development is proposed including any
man-made alterations such as grading, excavation or filling which
may have occurred prior to the time such subdivision or development
is submitted. No land intended for subdivision or development may
be regraded or filled in such manner as to circumvent this section.
B.
Provisions not applicable: The provisions of this section shall not apply to building lots in a definitive subdivision plan submitted before the effective date of this section in accordance with MGL Chapter 41 in order to obtain the protections afforded by MGL c. 40A, § 6.
C.
Slope defined: The slope of land at any point, stated as a percentage,
shall be defined as the change in elevation over a horizontal distance
measured perpendicular to the contours divided by the distance over
which the change occurs multiplied by 100. The slope of land at any
point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number
of the ratio indicates the horizontal distance and the second number
indicates the vertical rise.
[Amended 10-7-2013 OTM
by Art. 17, approved 11-12-2013]
D.
Protected slopes: All natural slopes exceeding 33% (3:1) over a horizontal
distance of 30 feet as measured perpendicular to the contour on a
tract or parcel of land intended or proposed for subdivision or on
a building lot first shown on a plan recorded or endorsed after the
effective date of this section are protected and shall remain undisturbed.
E.
Slopes excluded from minimum lot area calculation: All areas with
natural slopes exceeding 33% (3:1) over a horizontal distance of 30
feet as measured perpendicular to the contour on a tract or parcel
of land intended or proposed for subdivision or development, or on
a lot intended for building purposes shall be excluded from the calculation
of the minimum lot area required for the applicable zoning district.
F.
Special permit for exemption. The Community Planning Commission may grant a special permit for exemption from the provisions of this section if, in the Commission's opinion, the proposal satisfies the purposes of § 200-127A above.
(1)
In cases where the proposal includes disturbing or creating
slopes exceeding 33%, the request for special permit must be accompanied
by:
