[Added 3-28-1989 STM
by Art. 3; amended 6-18-1990 STM
by Art. 8; 6-4-1996 STM by Art.
S4; 10-28-1997 STM by Art. S5; 4-26-1999 ATM by Art. 22; 10-15-2001 STM by Art. S8]
The purposes of this article, Conservation Subdivisions, are:
A.
To encourage the permanent preservation of open space, agricultural
and forestry land, other natural resources, including water bodies
and wetlands, and historical and archeological resources;
B.
To encourage a less sprawling and more efficient form of development
that consumes less open land and conforms to existing topography and
natural features better than a conventional or grid subdivision;
C.
To protect the value of real property;
D.
To promote more sensitive siting of buildings and better overall
site planning;
E.
To perpetuate the appearance of Marion's traditional New England
landscape;
F.
To facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
G.
To allow for greater flexibility and creativity in the design of
residential developments.
The following terms shall have the following definitions for
the purposes of this article:
A residential development in which the buildings are clustered
together with variable lot sizes and frontage. The land not included
in the building lots is permanently preserved as open space. A conservation
subdivision is the preferred form of residential development in the
Town of Marion.
Open space suitable, in the opinion of the Planning Board, for the purposes set forth in § 230-10.12 herein. Such open space may be separated by the road(s) constructed within the conservation subdivision. Contiguous open space shall not include required yards.
A unit of real estate located in a single building on a single
lot, where said building contains more than one but not more than
four units of real estate located in one row of houses connected by
common walls, and where are combined fee simple title to the unit
and joint ownership in the common elements shared with other unit
owners.
In accordance with the following provisions, a conservation
subdivision project may be created from any parcel or set of contiguous
parcels held in common ownership and located entirely within the Residence
A, B, C or D Districts.
A.
A conservation subdivision may be authorized upon the issuance of
a special permit by the Planning Board. A pre-application meeting
between the Planning Board and the applicant is strongly encouraged.
B.
Applicants for a conservation subdivision shall file the following
with the Planning Board at the appropriate times:
(1)
Seven copies of both a preliminary subdivision plan and a conservation
subdivision sketch plan. One of the purposes of this submission is
to determine the number of lots possible in the conservation subdivision.
(2)
Seven copies of the definitive conservation subdivision plan.
The definitive conservation subdivision plan shall show: location
and boundaries of the site, proposed land and building uses, lot lines,
location of open space, proposed grading, location and width of streets
and ways, parking, landscaping, existing vegetation to be retained,
water supply, drainage, proposed easements, stormwater management
systems, and methods of sewage disposal. The plan shall be prepared
by a team including a registered civil engineer, registered land surveyor
and a registered landscape architect.
(3)
An existing conditions plan. An existing conditions plan shall
accompany the definitive conservation subdivision plan. The existing
conditions plan shall depict existing topography, wetlands, water
bodies and the one-hundred-year floodplain, all existing rights-of-way,
easements, existing structures, location of significant features such
as woodlands, tree lines, open fields or meadows, scenic views, watershed
divides and drainage ways, fences and stone walls, roads, driveways
and cart paths. The existing conditions plan shall also show locations
of soil test pits and percolation tests with supporting documentation
on test results. Applicants shall also include a statement indicating
the proposed use and ownership of the open space as permitted by the
bylaw.
Each development plan shall follow the design process outlined
below. When the development plan is submitted, applicants shall be
prepared to demonstrate to the Planning Board that this design process
was considered in determining the layout of proposed streets, house
lots, and contiguous open space.
A.
Understanding the site. The first step is to inventory existing site
features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, any historical districts
in the vicinity, and to determine the connection of these important
features to each other.
B.
Evaluating site context. The second step is to evaluate the site
in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
C.
Designating the contiguous open space. The third step is to identify
the contiguous open space to be preserved on the site. Such open space
should include the most sensitive and noteworthy resources of the
site, and, where appropriate, areas that serve to extend neighborhood
open space networks. Open space shall be planned as large, contiguous
areas whenever possible.
D.
Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with Marion's
historical development patterns. The maximum number of house lots,
compatible with good design, shall abut the open space and all house
lots shall have reasonable physical and visual access to the open
spaces.
E.
Lot lines. The final step is simply to draw in the lot lines (if
applicable).
The Planning Board encourages applicants for a conservation
subdivision to modify lot size, shape, and other dimensional requirements
for lots within a conservation subdivision, subject to the following
limitations:
A.
Lots having reduced area or frontage shall not have frontage on a
street other than a street created by the conservation subdivision;
provided, however, that the Planning Board may waive this requirement
where it is determined that such reduced lot(s) are consistent with
existing development patterns in the neighborhood.
B.
At least 50% of the required side and rear yards in the district
shall be maintained in the conservation subdivision.
The basic maximum number of dwelling units allowed in a conservation
subdivision shall not exceed the number of lots which could reasonably
be expected to be developed upon the site under a conventional plan
in full conformance with all zoning, subdivision regulations, health
regulations, wetland regulations and other applicable requirements.
The proponent shall have the burden of proof with regard to the design
and engineering specifications for such conventional plan.
The conservation subdivision may consist of any combination
of single-family, two-family and townhouse residential structures.
A townhouse structure shall not contain more than four dwelling units.
The architecture of all multifamily buildings shall be residential
in character, particularly providing gable roofs, predominantly wood
siding, an articulated footprint and varied facades. Residential structures
shall be oriented toward the street serving the premises and not the
required parking area.
The principal roadway(s) serving the site shall be designed
to conform to the standards of the Town where the roadway is or may
be ultimately intended for dedication and acceptance by the Town of
Marion. Private ways shall be adequate for the intended use and vehicular
traffic and shall be forever maintained by an association of unit
owners or by the applicant.
Each dwelling unit shall be served by two off-street parking
spaces. Parking spaces in front of garages may count in this computation.
A minimum of 50% of the parcel shown on the development plan
shall be contiguous open space. Any proposed contiguous open space,
unless conveyed to the Town or its Conservation Commission, shall
be subject to a recorded restriction enforceable to the Town, providing
that such land shall be perpetually kept in an open state, that it
shall be preserved for exclusively agricultural, conservation, forestry,
educational or recreational purposes, and that it shall be maintained
in a manner which will ensure its suitability for its intended purposes.
A.
Purposes. Open space shall be used solely for agricultural, conservation,
forestry, educational or recreational purposes by residents and/or
the public. Where appropriate, multiple use of open space is encouraged.
At least half of the required open space may be required by the Planning
Board to be left in a natural state. The proposed use of the open
space shall be specified in the application. If several uses are proposed,
the plans shall specify what uses will occur in what areas. The Planning
Board shall have the authority to approve or disapprove particular
uses proposed for the open space.
B.
Recreation lands. Where appropriate to the topography and natural
features of the site, the Planning Board may require that at least
10% of the open space or two acres (whichever is less) shall be of
a shape, slope, location and condition to provide an informal field
for group recreation or community gardens for the residents of the
subdivision.
C.
Leaching facilities. Subject to the approval of the Board of Health,
as otherwise required by law, the Planning Board may permit a portion
of the open space to be used for components of sewage disposal systems
serving the subdivision, where the Planning Board finds that such
use will not be detrimental to the character, quality, or use of the
open space and enhances the site plan. The Planning Board shall require
adequate legal safeguards and covenants to insure that such facilities
are adequately maintained by the lot owners within the development.
D.
Accessory structures. Up to 5% of the open space may be set aside
and designated to allow for the construction of structures and facilities
accessory to the proposed use of the open space, including parking.
E.
Wetlands. The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in § 230-10.5A, above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
F.
Underground utilities. Underground utilities to serve the conservation
subdivision site may be located within the contiguous open space.
Ownership of contiguous open space shall be governed by the
following conditions:
A.
Conveyance. The contiguous open space shall, at the developer's option
and subject to the approval of the Planning Board, be conveyed to:
(1)
The Town of Marion, to be placed under the care, custody and
control of the Open Space Acquisition Committee or its successor,
or the Conservation Commission;
(2)
A nonprofit organization acceptable to the Town, the principal
purpose of which is the conservation of open space and any of the
purposes for such open space set forth above;
(3)
A corporation or trust owned jointly or in common by the owners
of lots within the conservation subdivision. If such corporation or
trust is utilized, ownership thereof shall pass with conveyance of
the lots in perpetuity. The developer is responsible for the maintenance
of the open space and other facilities to be held in common until
such time as the homeowners' association is capable of assuming such
responsibility. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust, which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town of Marion to perform maintenance of such open space
and facilities, if the trust or corporation fails to provide adequate
maintenance, and shall grant the Town an easement for this purpose.
In such event, the Town shall first provide 14 days' written notice
to the trust or corporation as to the inadequate maintenance, and
if the trust or corporation fails to complete such maintenance, the
Town may perform it. Each individual deed, and the deed or trust or
articles of incorporation, shall include provisions designed to effect
these provisions. Documents creating such trust or corporation shall
be submitted to the Planning Board for approval, and shall thereafter
be recorded.
B.
Permanent restriction. In any case where open space is not conveyed
to the Town, a permanent conservation or agricultural preservation
restriction in accordance with MGL c. 184, § 31, approved
by the Planning Board and the Select Board/Town Counsel and enforceable
by the Town, conforming to the standards of the Massachusetts Executive
Office of Environmental Affairs, Division of Conservation Services,
shall be recorded to insure that such land shall be kept in an open
or natural state and not be built upon or developed for accessory
uses. Restrictions shall provide for periodic inspection of the open
space by the Town. A management plan may be required by the Planning
Board, which describes how existing woods, fields, meadows or other
natural areas shall be maintained in accordance with good conservation
practices.
[Amended 10-19-2021 STM by Art. 6]
C.
Encumbrances. All areas to be set aside as open space shall be conveyed
free of any mortgage interest, security interest, liens or other encumbrances.
D.
Monumentation. Where the boundaries of the open space are not readily
observable in the field, the Planning Board may require placement
of surveyed bounds sufficient to identify the location of the open
space.
A buffer area of 100 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The Planning Board may
waive the buffer requirement for one of the following situations:
A.
Where the land abutting the site is the subject of a permanent restriction
for conservation or recreation so long as a buffer is established
of at least 50 feet in depth which may include such restricted land
area within such buffer area calculation;
B.
Where the land abutting the site is held by the Town for conservation
or recreation purposes;
C.
The Planning Board determines that a smaller buffer will suffice
to accomplish the objectives set forth herein.
The location of open space provided through this bylaw shall
be consistent with the policies contained in the Local Comprehensive
Plan and the Open Space and Recreation Plan of the Town. The following
design requirements shall apply to open space and lots provided through
this bylaw:
A.
Open space shall be planned as large, contiguous areas whenever possible.
Long thin strips or narrow areas of open space (less than 100 feet
wide) shall occur only when necessary for access, as vegetated buffers
along wetlands or the perimeter of the site, or as connections between
open space areas.
B.
Open space shall be arranged to protect valuable natural and cultural
environments such as stream valleys, wetland buffers, unfragmented
forest land and significant trees, wildlife habitat, open fields,
scenic views, trails, and archeological sites and to avoid development
in hazardous areas such as coastal and inland floodplains and steep
slopes. The development plan shall take advantage of the natural topography
of the parcel and cuts and fills shall be minimized.
C.
Open space may be in more than one parcel, provided that the size,
shape and location of such parcels are suitable for the designated
uses. Where feasible, these parcels shall be linked by trails.
D.
Where the proposed development abuts or includes a body of water
or a wetland, these areas and the one-hundred-foot buffer to such
areas shall be incorporated into the open space. Where it is appropriate,
reasonable access shall be provided to shorelines.
E.
The maximum number of house lots compatible with good design shall
abut the open space and all house lots shall have reasonable physical
and visual access to the open space through internal roads, sidewalks
or paths. An exception may be made for resource areas vulnerable to
trampling or other disturbance.
F.
Open space shall be provided with adequate access, by a strip of
land at least 20 feet wide, suitable for a footpath, from one or more
streets in the development.
G.
Where a proposed development abuts land held for conservation purposes,
the development shall be configured to minimize adverse impacts to
abutting conservation land. Trail connections shall be provided where
appropriate.
Stormwater management shall be consistent with the requirements
for subdivisions set forth in the rules and regulations of the Planning
Board[1] and shall comply with the requirements of the current
edition of the Massachusetts Stormwater Management Handbook.
The Planning Board may approve, approve with conditions, or deny an application for a conservation subdivision after determining whether the conservation subdivision better promotes the purposes of § 230-10.1 of this Conservation Subdivision Bylaw than would a conventional subdivision development of the same locus.
The submittals and permits of this article shall be in addition
to any other requirements of the Subdivision Control Law, or any other
provisions of this Zoning Bylaw.
If any provision of this bylaw is held invalid by a court of
competent jurisdiction, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections or parts of any
section or sections of this bylaw shall not affect the validity of
the remainder of Marion's Zoning Bylaws.
