City of Taunton, MA Article XIV Development Methods

§ 440-1401 Cluster residential development.

A. General.

(1) General description. A cluster residential development shall mean a residential development in which the buildings and accessory uses are clustered together into one or more groups. The land not included in the building site area shall be permanently preserved as open space.

(2) Purpose.

(a) A cluster residential development as approved under a special permit of the Planning Board allows an alternative pattern of land development to the conventional subdivision. It is intended to encourage the conservation of more significant open space while at the same time providing for a greater mixture of housing types in the City. Dwelling units shall be constructed in appropriate clusters which are harmonious with neighborhood development and will enhance the ecological and visual qualities of the environment. The overall site design and amenities should improve the quality of living for residents of the development and the City in general.

(b) The following benefits are expected to be gained by the alternative pattern of development which a cluster residential development allows:

[1] Economical and efficient street, utility and public facility installation, construction and maintenance.

[2] Efficient allocation, distribution and maintenance of open space and the preservation of common land for conservation, agriculture, recreation and general open space use.

[3] Protection of water bodies, existing and potential municipal water supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources.

[4] Compatibility with the character of the surrounding residential areas and the protection of real property values.

[5] Housing development which allows for an integration of a variety of housing types in one project and efficient use of the land to increase the options for affordable housing.

[6] More sensitive siting of buildings and overall site planning and a better utilization of land in harmony with its natural features and with the general intent of this chapter through a greater flexibility in design.

(3) Objectives. The following objectives are important in the development of a cluster:

(a) It is desirable to decrease municipal costs and environmental impacts through reduction in the length of streets, utilities, and drainage systems per dwelling units served.

(b) It is desirable to increase the scale of contiguous area assured of preservation in a natural state and to include off-street pathways and trails and recreation areas open to all residents of the City and wilderness areas.

(c) It is desirable that all existing scenic vistas be respected and preserved and that new scenic vistas be created.

(d) It is desirable to increase vehicular safety by having fewer, better located and designed egresses onto existing streets.

(e) It is desirable to preserve environmental quality by reduction of the total area over which vegetation is disturbed by cut or fill or displacement; by reduction in critical lands (slopes in excess of 8%; land within 100 feet of a water body, wetland or stream; or land having outstanding or rare vegetation) disturbed by construction; reduction of the extent of waterways altered or relocated; and reduction in the volume of cut and fill for roads and construction sites.

(f) It is desirable to have the design and location and materials of the structure(s) on the site be sensitive to the natural environmental conditions, vistas and abutting properties.

(g) There should be positive benefit to the City in some important respects, such as reduction of environmental damage, better controlled traffic, preservation of current character through location of reserved open space, meeting the shelter and/or health needs of special populations of the City and so on.

B. Procedure.

(1) Applicability. Cluster residential development may be allowed by special permit of the Planning Board in zones specified in § 440-502, Use regulations.

(2) Application. Application and approval will be by special permit of the Planning Board, in accordance with §§ 440-304 and 440-305 of this chapter. The Planning Board decision will include the findings required for general special permits, multifamily special permits, if applicable, as well as the findings required specifically for this section.

(3) Submittal requirements. The submittal requirements and review standards, including administration, application and submission requirements, fees, powers, hearings and time limits, shall be as provided for in Article XV, Site Plan Review, as specified in other sections of this article and as specified for multifamily development, if applicable. Fees shall be as stated under the Subdivision Rules and Regulations.

C. Requirements.

(1) Allowable uses. As allowed in the zoning district which contains the cluster residential development and:

(a) Rural Residential: single-family.

(b) Suburban Residential: two-family.

(2) General dimensional requirements.

(a) Single-family, duplex and multifamily cluster may be constructed with each structure on a separate lot or with all structures on a single lot under common ownership. All dimensional requirements of the zoning district which contains the cluster residential development shall be followed, unless modified by the provisions of this article.

(b) The following dimensional requirements shall apply:

		Suburban Residential		Rural Residential
		Multiple Lots	Single Tract	Multiple Lots	Single Tract
Minimum tract frontage (feet)		50	50	50	50
Minimum perimeter buffer zone width* (feet)		75	75	100	100
Minimum individual lot dimensions
	Lot area, per unit (square feet)	15,000	NA	30,000	NA
Minimum open space requirement
	Single-family; duplex	40%	50%	40%	50%
	Multifamily	50%	60%	50%	60%
Minimum distance between dwelling structures (feet)		35	35	50	50
Minimum setback for all nondwelling structures (feet)		7.5	7.5	15	15

Frontage, setbacks, and side and rear yard dimensions shall be guided by the characteristics of the site, proposed structures, the nature of the existing built environment in the area, and principles of good site planning. Zero lot line development is permitted.
*	The required buffer zone width may be reduced by majority vote of the Planning Board if such reduction shall further the goals of cluster development and any overlay districts the proposed development is located in.

(3) Density.

(a) Base density shall be determined by the submission of a plan that at least meets the requirements of a preliminary subdivision plan under the Rules and Regulations Governing the Subdivision of Land, Taunton, Massachusetts, latest edition. Wetlands shall be delineated on the site as per MGL c. 131, the Wetlands Act, any local wetlands general ordinance and Conservation Commission rules and regulations. Said delineation shall be approved by the Conservation Commission as true and accurate under the Wetlands Act, the general ordinance and the rules and regulations. Other site restrictions such as floodplain and slopes over 8% shall be taken into account.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 432, Wetlands Protection.

(b) The Planning Board shall, based on this and other information it may require in its rules and regulations and during the hearing, determine as far as practical the maximum number of units that could be constructed on the site under a conventional subdivision allowed by right in the zoning district. Except by special permit under § 440-1402, Inclusionary zoning, the number of dwelling units shall not exceed this number.

D. Site improvements.

(1) Streets and utilities.

(a) All streets, sewers, drainage facilities, utilities, procedures and other improvements shall be designed in compliance with the Rules and Regulations Governing the Subdivision of Land, City of Taunton, latest edition, unless waived as part of the special permit decision. In general, waivers may be granted when the following conditions are present:

[1] The reduction in standards for construction of roads and other improvements will minimize environmental disruption and maintain rural character. Examples of this include minimizing pavement width, asphalt berms and curvilinear layouts that show due regard for the topography and natural features of the site.

[2] These waivers will only be considered for multifamily dwellings in a condominium form of ownership. Ownership and maintenance will be the responsibility of the condominium association. Three permanent budget items will be included in the condominium documents in a form and amount acceptable to the Planning Board. These include a yearly maintenance budget, a reserve for repair, and a reserve for replacement.

(b) The landscape architect's letter of intent shall describe in detail how the proposed road layout and design standards serve to protect the natural features of the site and provide a higher level of amenity.

(c) Easements will be provided for all public utilities.

(d) For all streets and utilities, whether to be public or private, security shall be posted to ensure their proper installation. The process for performance guarantee shall be as required in Article V of the Subdivision Rules and Regulations.

(2) Buildings.

(a) The design of the buildings should show harmony with the terrain and the surrounding neighborhood. Good architectural principles shall be used in integrating the following elements: massing, rooflines, jogs, window and entrance details, and exterior finishes.

(b) Not more than three contiguous row houses shall be built in a row with the same or approximately the same front line, and not more than five row houses shall be contiguous. A jog of at least six feet will be provided.

(c) Each row house shall have on its own lot one yard containing not less than 400 square feet reasonably secluded from streets or from neighboring property. Such yards shall not be used for off-street parking, garages, driveways, leach fields or for any accessory building. The Planning Board may vote to waive yard requirements in condominium developments.

(d) The minimum distance between any two rows of row house buildings, substantially parallel to each other, shall be 60 feet.

(e) A row house development shall not be permitted which by its design and/or location of structures could conflict with adjacent single-family residences. Intervening open space areas shall be designated for buffer purposes.

E. Common open space.

(1) Purpose. The location and layout of the common open space shall take into account, preserve, and where appropriate promote such features of the parcel as rivers, ponds, wetlands, historic sites, wildlife habitats, unique geological or botanical areas or features, existing or potential trails, paths and open space links, and sites for active recreation. The common open space shall have restrictions placed on it to ensure that no buildings or roadways can be built on it in the future.

(2) Minimum common open space.

(a) The minimum common open space shall be as designated in Subsection C(2). The percentage shall be expressed as a percentage of the area used in calculating the density in the conventional development plan.

(b) All land not designated for roads, dwellings, parking, utilities, septage and other development shall be designated open space. The open space shall be legally described and bounded.

(3) Use and shape of common open space. The common open space shall be used for open space, conservation, agriculture, recreation or park purposes. The common open space shall be in one or more parcels of a size, shape and location appropriate for its intended use. Each parcel of common space shall have adequate access, as determined by the Planning Board.

(4) Ownership of common open space.

(a) Such open land shall be conveyed either to the City of Taunton and accepted by it for park or open space use, to a nonprofit organization the principal purpose of which is the conservation of open space, or to a corporation or trust owned or to be owned by the owners of lots or residential units within the cluster residential development. Unless there is a significant public purpose, the Planning Board normally shall require the third option.

(b) Provisions shall be made so that the common open space and other common property shall be owned in common by the owners of all units in the cluster residential development or by a corporation, nonprofit organization or trust whose members are all the owners of the units. In all cases, a perpetual restriction of the type described in MGL c. 184, § 31, running to and enforceable by the City of Taunton shall be recorded in respect to the common open space. Such restriction shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, open space, agriculture, recreation or park. Such restriction shall be in such form and substance as the Planning Board may prescribe and deem appropriate. Said conservation restriction shall be approved by the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs and recorded prior to the issuance of certificates of occupancy.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(c) If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units.

(d) In order to ensure that the corporation, nonprofit organization or trust will properly maintain the common open space and other common property, an instrument(s) shall be recorded at the Bristol County District Registry of Deeds which shall as a minimum provide:

[1] A legal description of the common open space;

[2] A statement of the purpose for which the common open space is intended to be used and the restrictions on its use and alienation;

[3] The type and name of the corporation, nonprofit organization, or trust which will own, manage and maintain the common open space;

[4] The ownership or beneficial interest in the corporation, nonprofit organization or trust of each owner of a dwelling in the planned residential development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom;

[5] Provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or nonprofit organization or trustees of the trust;

[6] Procedures for the conduct of the affairs and business of the corporation, nonprofit organization or trust, including provisions for the calling and holding of meetings of members and directors and/or officers of the corporation or nonprofit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation, nonprofit organization or trust;

[7] Provision for the management, maintenance, operation, improvement and repair of the common open space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the common open space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, nonprofit organization or trust and that each dwelling owner's share of the common charge shall be a lien against his real estate in the cluster residential development which shall have priority over all other liens, with the exception of municipal liens and first mortgages of record; and

[8] The method by which such instrument or instruments may be amended.

F. Decision.

(1) After following the proper procedural requirements specified for the granting of a special permit in MGL c. 40A, including the holding of a public hearing, the Planning Board may grant a special permit.

(2) The decision of the Planning Board shall consider the reports specified from boards and agencies and shall be based upon these comparisons of the proposed cluster plan with the conventional plan:

(a) General scope.

[1] Consistency in or reduction of the number of lots.

[2] Increase in amenities: off-street pathways, recreation areas, and wilderness areas for which access is provided to at least all residents of the development.

(b) Functional systems.

[1] Reduction in the likely number of driveway openings onto existing streets, onto new streets serving more than 20 dwelling units, or within 100 feet of an intersection.

[2] Reduction in the length of streets, water mains, and storm drains.

[3] Increase in the safety of egress from the development onto existing streets because of having fewer, better located, or better designed egresses.

(c) Visual concerns.

[1] Increase in vistas preserved or created.

[2] Reduction in the number of dwellings within 200 feet of an existing street.

(d) Environmental protection.

[1] Reduction of the total area over which vegetation is disturbed by cut or fill or displacement.

[2] Reduction in critical lands (slopes in excess of 8%; land within 100 feet of a water body, wetland, or stream; and land having outstanding or rare vegetation) disturbed by construction.

[3] Reduction of the extent of waterways altered or relocated.

[4] Reduction in the volume of cut and fill for roads and construction sites.

[5] Increase in the scale of contiguous area assured to be preserved in a natural state.

(3) A proposed cluster development which meets all requirements of this chapter and other applicable controls and which is generally superior to conventional development based upon the above considerations may be granted a special permit unless, in comparison with development under a conventional plan, in other respects the cluster development would create relatively serious hazard, traffic congestion, reduction in the use and enjoyment of adjacent properties, a significant decrease in surface water or groundwater quality, or environmental degradation.

(4) If the special permit is granted, there shall be no amendments, changes or transfer of ownership without Planning Board review and approval.

(5) In accordance with MGL c. 40A, § 9, all granted permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within two years from the date of filing of the Board's decision in the office of the City Clerk.

§ 440-1402 Inclusionary housing.

A. Purpose. The provisions of this section are designed to:

(1) Increase the supply of safe and sanitary housing in the City of Taunton that is available to and affordable by low-, moderate- and middle-income households;

(2) Encourage a greater diversity of housing accommodations to meet the needs of family households and other City residents;

(3) Promote a reasonable mix and distribution of housing opportunities throughout the City; and

(4) Prevent the displacement of low-, moderate- and middle-income Taunton residents.

B. Applicability. Any residential development may seek to increase its density of development through a special permit, provided that it meets the standards for the provision of affordable housing outlined in this section.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE

(1) A dwelling unit will be considered affordable to a low-, moderate- or middle-income household where:

(a) With regard to rental housing, the household spends no more than 30% of gross income for all shelter costs, including utilities; and

(b) With regard to sales housing, including condominiums, the household spends no more than 28% to 30% of gross household income for mortgage principal and interest, property taxes, insurance, and (where applicable) homeowners' association fees.

(2) Affordability requirements will be met if a one-member household can afford a studio unit; a two-member household can afford a one-bedroom unit; a three-member household can afford a two-bedroom unit; and a four-person household can afford a three-bedroom unit.

AFFORDABLE HOUSING

Housing which is affordable, as defined above, to the target low-, moderate- and middle-income households.

INCOME STANDARDS

These income figures shall be as published by the United States Department of Housing and Urban Development for the Section 8 housing subsidy program.

LOCAL HOUSING PARTNERSHIP

The organization recognized by the Massachusetts Housing Partnership (MHP) as an MHP affiliate. The central role of the local housing partnership is the promotion of affordable housing opportunities. The Taunton local housing partnership is designated by the Mayor.

LOW-INCOME HOUSEHOLDS

Those whose incomes do not exceed 50% of the median income of the area, with adjustments for smaller and larger families.

MIDDLE-INCOME HOUSEHOLDS

Those whose incomes are no greater than 120% and no less than 80% of the median income of the area, with adjustments for smaller and larger families.

MODERATE-INCOME HOUSEHOLDS

Those whose incomes are no greater than 80% and no less than 50% of the median income of the area, with adjustments for smaller and larger families.

D. Affordability structure.

(1) Pricing standards. As part of the application, a market plan will be submitted proposing the breakdown and price structure for all units in the development. For the affordable units, the following standards shall apply in calculating prices:

(a) Rental units. The thirty-percent ceiling for rents shall include utilities or the rents shall be set at a level so that the rent plus the utility allowances as published by HUD for the Section 8 program do not exceed 30% of the target income.

(b) Sales units.

[1] The mortgage interest rate shall reflect a rate at which a fixed rate mortgage is realistically available from conventional lenders in the area. Exceptions can be made if the developer buys down the mortgage or if the developer obtains a commitment of mortgage funds at a lower interest rate from the Massachusetts Housing Finance Agency. With regard to a buydown, the bought-down interest rate should only apply if the rate of increase in the mortgage interest rate is 1/2 of 1% per year or less.

[2] The amount of mortgage payment should be based on a down payment of 5%.

[3] Property taxes shall be calculated on the basis of the current rate in the municipality.

[4] Insurance and homeowners' association fees shall be set at realistic levels, based on the best applicable experience. Where a blanket hazard insurance policy is taken out by the homeowners' association, insurance need not be included as a separate cost category.

(2) Unit composition.

(a) With regard to the middle-income units. One-hundred percent of the middle-income units shall be affordable to households earning 88.5% of the middle income ceiling, or 106% of the area median income, adjusted for family size.

(b) With regard to the moderate-income units. Fifty percent of the moderate-income units shall be affordable to households earning 90% of the moderate income ceiling, or 72% of the area median income, adjusted for family size; 50% of the moderate-income units shall be affordable to households earning 75% of the moderate income ceiling, or 60% of the area median income, adjusted for family size; preference in purchase or rental of these units shall be given to moderate-income households earning less than 90% of the moderate income ceiling.

(c) With regard to the low-income units. Fifty percent of the low-income units shall be affordable to households earning 90% of the low income ceiling, or 45% of the area median income, adjusted for family size; 50% of the low-income units shall be affordable to households earning 75% of the low income ceiling, or 37.5% of the area median income, adjusted for family size; preference in purchase or rental of these units shall be given to low-income households earning less than 90% of the low income ceiling.

(3) Required affordable units.

(a) Applications under this section shall meet one of the following thresholds for affordable housing:[1]

	Percentage of All Units	Type of Unit Provided
	10%	Units donated to the Taunton Housing Authority or to other nonprofit agency approved by the Municipal Council; or
	15%	Units purchased by the Taunton Housing Authority at not more than Massachusetts Executive Office of Housing and Economic Development maximum allowable reimbursement prices; and
	15%	Sold or rented to low-income households according to the distribution in Subsection D(2) and pricing in Subsection D(1); or
	25%	Sold or rented to moderate-income households according to the distribution in Subsection D(2) and pricing in Subsection D(1); and
	100%	Of the above sold or rented to middle-income households according to the distribution in Subsection D(2) and pricing in Subsection D(1)

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(b) If the housing agencies do not have the funding to purchase the units or maintain the donated units then the option should be transferred to add 15% of the total units in the development to the second option.

(4) Preference for City residents and workers. At least 70% of the units donated, rented or sold shall be initially offered to Taunton residents, or persons who were residents of the City in the past five years, or to persons employed within the City limits. These restrictions shall be in force for a time period of six months from the offering of sale or rental units to the public. The local housing partnership or the developer shall make a diligent effort to locate eligible buyers and/or renters who meet the above qualifications. Fair selection methods shall be approved by the local housing partnership and the City.

E. Development standards.

(1) Maximum allowable density.

(a) Base density shall be determined by the submission of a base development plan to the Planning Board that at least meets the filing and design requirements of a preliminary subdivision plan under the Rules and Regulations Governing the Subdivision of Land, Taunton, Massachusetts, latest edition. In addition, wetlands shall be delineated on the site as per MGL c. 131, the Wetlands Act, any local wetlands general ordinance and Conservation Commission rules and regulations. Said delineation shall be approved by the Conservation Commission as true and accurate under the Wetlands Act, the general ordinance and the rules and regulations.[2] Other site development restrictions such as floodplain, archaeological sites, endangered species habitat, and slopes over 8% shall be detailed on the plan and proposed drainage basins. The plan shall show the maximum number of lots and/or units that can be feasibly built on the lot in conformance with all currently applicable zoning requirements (such as allowable uses contained in § 440-502 and dimensional requirements contained in § 440-603, etc.).

[2] Editor's Note: See Ch. 432, Wetlands Protection.

(b) The Planning Board, based on the base development plan and other information it may require during the hearing, shall determine as far as practical the maximum number of units that could be constructed on the site under a conventional development allowed in the zoning district. For the purposes of this section, this density shall be known as "base density."

(c) Once the base density has been determined by the Planning Board, the maximum density shall be established under this section by a special permit for proposed developments meeting the minimum level of affordable housing as defined by this section. The special permit granting authority under this section shall be the Planning Board except in cases where the Municipal Council is the special permit granting authority under § 440-502 for the type of use(s) proposed, in which case the Municipal Council shall be the special permit granting authority. The maximum allowable density shall not be less than 1.75 times the base density and the maximum allowable density shall not exceed 2.75 times the base density. Surrounding development and character, supporting infrastructure, availability of municipal services, profitability, etc., are some of the important factors that will be utilized to determine the maximum allowable density under this section. In addition, a pro forma in conformance with MGL c. 40B comprehensive permit regulations shall be required to ensure that the maximum profit shall not exceed 20%.

(d) Frontage, setbacks, minimum lot area, minimum dry area, and side and rear yard dimensions shall be guided by the characteristics of the site, proposed structures, the nature of the existing built environment in the area, and principles of good site planning. Zero lot line development is permitted.

(2) Submittal requirements. The submittal requirements and review standards for the special permit filing, including administration, application and submission requirements, fees, powers, hearings and time limits, shall be as provided for in Article XV, Site Plan Review, as specified in other sections of this article and as specified for multifamily development, if applicable.

(a) Comparability. Affordable units shall be dispersed throughout the site and shall be compatible with, and as nearly indistinguishable from, market-rate units in terms of external appearance.

(b) Family units. Except as otherwise provided by the authority granting the special permit, affordable units shall contain two or more bedrooms and shall be suitable in type and design for family occupancy.

(c) Public land. Any residential development subject to this section that is constructed or created on publicly owned land may be required to provide additional affordable units as determined by the City of Taunton in its disposition program for the site.

(d) Options for provision of required units.

[1] The low- and moderate-income units required in Subsection D(3) may be provided in any one or combination of the following ways:

[a] Construction of new units on the permit site.

[b] Cash payment to the City of Taunton to be administered by the local housing partnership herein established to be used to make available housing units for low- and moderate-income households in a manner and at locations in conformance with provision of this section.

[2] The cash equivalent of the required units, as authorized in Subsection E(2)(d)[1](b) above, shall be determined on a yearly basis by the Taunton Housing Development Trust and shall be equal to the current total construction cost of the unit or units required. Affordable units provided through such alternative methods shall comply, in all respects other than on-site location, with the requirements of this section.

F. Compliance; enforcement.

(1) Affordability restrictions. Affordable units shall be rented or sold subject to applicable deed covenants, contractual agreements, and/or other appropriate arrangements to assure affordability in perpetuity.

(2) Purchase/lease options. The City may further require, for itself or its designee, an option to purchase or lease affordable units for amounts consistent with the provisions of this section. Such option may apply to the initial and any subsequent sale or lease of affordable units, consistent with the term of the affordability restriction. The City or its designee may identify qualified buyers or renters for affordable units.

(3) Permit conditions. No special permit shall be issued to increase the permissible density or intensity of use for a development covered by this section without appropriate restrictions to ensure that the provisions of this section are made binding upon the applicant.

(4) Occupancy conditions. No certificate of occupancy shall be issued for any market-rate units in a development covered by this section until:

(a) All deed covenants, contractual agreements, and/or other documents necessary to ensure compliance by the applicant with the requirements of this section have been executed;

(b) The affordable units shall be issued certificates of occupancy at the same rate as the market-rate units, and the last affordable unit shall be issued a certificate of occupancy prior to the issuance of building permits for the last 10% of market-rate units;[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(c) Any required cash payment has been made to the City or its designee; and/or

(d) Any land or buildings required to be donated to the City or its designee have been conveyed, sold or rented to moderate-income households according to the distribution in Subsection D(2) and pricing in Subsection D(1).