It is the purpose of this Article 17 to establish an Osgood Smart Growth Overlay District and to encourage smart growth in accordance with the purposes of MGL Chapter 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of Open Space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Other objectives of this article are to:
A. 
Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
B. 
Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;
C. 
Increase the production of a range of housing units to meet existing and anticipated housing needs;
D. 
Provide a mechanism by which residential Development can contribute directly to increasing the supply and diversity of housing;
E. 
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective Development review and permitting;
F. 
Establish Development standards to allow context-sensitive design and creative site planning;
G. 
Enable the Town to receive Smart Growth Educational Aid payments for school children who may reside in residential Developments within the OSGOD pursuant to MGL Chapter 40S, and which are available only for new Developments in 40R Smart Growth Zoning Overlay Districts; and
H. 
Enable the Town to receive zoning incentive payments and/or density bonus payments in accordance with MGL Chapter 40R and 760 CMR 59.06 arising from the development of housing in the Osgood Smart Growth Overlay District.
For purposes of this Article 17, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this § 195-17.2, or as set forth in the rules and regulations of the permit approval authority ("regulations"). To the extent that there is any conflict between the definitions set forth in this § 195-17.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
ACCESSORY BUILDING
A detached Building, the use of which is customarily subordinate and incidental to that of the principal Building or Buildings, whether or not located on the same lot.
ACCESSORY USE
A use of a parcel customarily subordinate and incidental to the principal Use of the lot, or a neighboring lot in the case of a Use pursuant to an easement, or to a Structure on the lot, or on a neighboring lot in the case of a Structure erected and maintained pursuant to an easement.
ADMINISTERING AGENCY
The local housing authority or other qualified housing entity designated by the PAA, pursuant to § 195-17.20, to review and implement the affordability requirements affecting Affordable Housing in Projects under Part 6 of this Article 17.
AFFORDABLE HOMEOWNERSHIP UNIT
An Affordable Housing Dwelling Unit required to be sold to an Eligible Household.
AFFORDABLE HOUSING
Housing that is affordable to and occupied by Eligible Households.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Part 6 of this Article 17.
AFFORDABLE RENTAL UNIT
An Affordable Housing Dwelling Unit required to be rented to an Eligible Household.
APPLICANT
A person that files an application for Plan Approval and/or special permit and/or other approval pursuant to this Article 17. If the Applicant is not the owner of the real property on which the Development is proposed, then the Applicant, as part of the application or notice, shall obtain the owner's written authorization to file such application or notice. Such written authorization may take the form of preexisting agreements or instruments including, without limitation, signed purchase and sale agreement(s) and signed easement(s) (whether or not yet recorded), or a written letter of authorization from the owner of the real property.
AS-OF-RIGHT PROJECT
A Development of residential or nonresidential under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A proposed Development that requires a special permit pursuant to this Article 17 shall not be considered an As-of-Right Project.
BUILDING
A combination of any materials, whether portable or fixed, having a roof, to form a Structure for the shelter of persons, animals, processes or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "Building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
BUILDING AREA
The aggregate of the maximum horizontal cross-sectional area of all Buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces.
BUILDING HEIGHT
Measured from the average ground height adjoining at the exterior walls of a Building to highest point on the roof of the Building, exclusive of decorative cupolas, weather vanes, chimneys and vent structures, antennas, satellite dishes, mechanical penthouses and other Structures or enclosures not intended for human habitation.
DESIGN STANDARDS
Provisions of Part 9 of this Article 17 made applicable to Developments within the OSGOD that are subject to the Plan Approval process.
DEVELOPMENT
Any type of construction not defined as a "Project."
DHCD
The Department of Housing and Community Development of the Commonwealth of Massachusetts, and any successor agency.
DRIVEWAY or DRIVE LANE
A portion of a lot designed for vehicular access to off-street parking or loading space or to a garage, whether or not located on the same Development real property. For purposes of this Article 17, a Driveway or Drive Lane is distinguished from a "Roadway" as defined below.
DWELLING UNIT
One or more living, kitchen and sleeping room(s) providing complete living facilities for the Use or one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation, but not including mobile homes or trailers, however mounted, or commercial accommodations offered for transient occupancy of less than one month's duration.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than 80% of the area-wide median income for the Lawrence MA-NH HMFA (HUD Metro FMR Area) as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
ENABLING LAWS
MGL Chapter 40R and 760 CMR 59.00.
FAST-FOOD ESTABLISHMENT
An establishment whose primary business is the sale of food upon a very short waiting time, served primarily through a drive-through facility, and which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic.
FLOOR AREA RATIO
The ratio of the floor area to the Development site area defined in the application, as determined by dividing the Gross Floor Area by the land area of the site which is the subject of the Development defined in the application.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls of the Building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
LANDSCAPED BUFFER
A planted area intended to provide, when mature, a visual screen between Uses. Landscaped Buffers may include existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the Landscaped Buffer or screening where appropriate or dictated by topography or other considerations.
LANDSCAPING
Improvements to land to enhance its attractiveness and facilitate its use and enjoyment. Landscaping may include walks, terraces and the like, fencing, stone walls or other decorative walls, site furnishings, grading and reshaping of earth contours, planting, and lawn areas. Landscaping may also include existing natural areas indicated to remain and/or be renovated.
LOT COVERAGE
The Gross Floor Area for principal and accessory Structures permitted on a site.
MIXED-USE DEVELOPMENT PROJECT
A Development containing a mix of residential Uses and nonresidential Uses, as allowed in Part 4 of this Article 17, and subject to all applicable provisions of this Article 17.
MULTIFAMILY RESIDENTIAL USE
Apartment or condominium Dwelling Units in one or more Buildings, each of which Buildings contains or will contain more than three such Dwelling Units.
OPEN SPACE
The portion of a site within the OSGOD not occupied by Buildings, parking, garages, Roadways, Driveways and Drive Lanes, but which shall include, among other areas, all landscaped areas, all un-built areas, all sidewalks and walkways, and all swimming pools, tennis courts and other recreational facilities primarily open to the sky, whether or not landscaped.
OSGOD
The Osgood Smart Growth Overlay District established in accordance with this Article 17.
PAA REGULATIONS
The rules and regulations of the PAA adopted pursuant to Article 17. Such rules and regulations shall not take effect until approved by DHCD and filed with the Town Clerk.
PLAN APPROVAL
A determination made in the form of a written decision by the PAA that the proposed site plan for the Development complies with the standards and criteria which a site located within the OSGOD must meet under the procedures established herein and in the Enabling Laws and/or MGL c. 40A as more particularly provided herein.
PLAN APPROVAL AUTHORITY (PAA)
For purposes of reviewing Development applications and issuing decisions on Development Projects and commercial Projects within the OSGOD, the Planning Board (the "PAA"), consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority and, consistent with MGL c. 40A, shall be the special permit granting authority or other approval authority as provided herein, and the PAA is authorized to approve a site plan to implement a Development.
PRINCIPAL BUILDING
A Building in which is conducted the main or principal Use of the site on which said Building is situated. A Development is permitted to have more than one Principal Building.
PRINCIPAL STRUCTURE
The Structure on a Development site which contains the primary Use of the site. A principal Use shall not be contained within an accessory Structure as defined in above. A Development is permitted to have more than one Principal Structure.
PROJECT
A Residential Project and/or Mixed-Use Development Project, undertaken within the OSGOD in accordance with the requirements of this Article 17.
PROJECT, COMMERCIAL
A Development which is proposed and which either requires a special permit as provided herein, or is otherwise not a "Project" as defined above.
RECREATIONAL USES
Active Recreational Uses, including but not limited to ball fields; and passive Recreational Uses, including but not limited to walking and bicycle paths. Amusements or motorized Uses shall not be considered eligible Recreational Uses.
RESIDENTIAL PROJECT
A Project that consists solely of residential, parking, and Accessory Uses.
ROADWAY
A main access corridor as defined under § 195-17.44. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
STRUCTURE
A combination of materials for occupancy or use, such as a Building, bridge, trestle, tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, bin, sign, swimming pool or the like; the term "Structure" shall be construed as if followed by the words "or part thereof."
SUBDISTRICT
A specific and defined area of land within the OSGOD that is subject to specific requirements for allowable Uses and/or dimensional requirements that may differ from the requirements for allowable Uses and/or dimensional requirements in other specific and defined areas within the OSGOD. The boundaries and the names of the Subdistricts are referred to in § 195-17.5 herein.
UNDERLYING ZONING
The zoning otherwise established by the Zoning Bylaw without regard to this article.
USE
The purpose for which a Structure or land is used or intended to be used.
USE, SUBSTANTIALLY DIFFERENT
A Use which by reason of its normal operation would cause readily observable, material differences in patronage, service, appearance, noise, employment or similar characteristics from the Use to which it is being compared.
ZONING BYLAW
The Zoning Bylaw of the Town of North Andover, as amended.