[Added 6-28-2022; amended 8-9-2023]
The goals and purpose of the residential development regulations are to:
1. 
Further the purposes of §§ 135-6.9 and 135-6.12 of the Zoning Bylaw permitting special residential developments and open space residential developments;
2. 
Provide guidance to applicants submitting OSRD and SRD applications;
3. 
Provide criteria for the reviewing authority to make a well-informed decision;
4. 
Establish a list of submission materials from concept through final occupancy;
5. 
Regulate the condition, location, ownership, and preservation of open land consistent with § 135-6.12.5.4;
6. 
Facilitate sustainable site layouts, quality building design, and quality outdoor amenity space consistent with §§ 135-6.9, 135-6.12, and 135-9.5.
7. 
Provide opportunity for the Planning Board to weigh in on design aspects of the OSRD or SRD proposal.
1. 
These regulations are adopted under §§ 135-6.9.9, 135-6.12.7.1 and 135-9.5.5 of the Zoning Bylaw.
OSRD and SRD applications shall follow the site plan review application process described in Section 176-9.0 of these Regulations for major site plan review under § 176-9.3, including the following materials:
1. 
Application. The materials required under § 176-9.3.2 other than the parking and transportation demand management (PTDM) plan;
2. 
Proof Plan. A proof plan, as defined in the Zoning Bylaw, demonstrating that two or more lots can be created in compliance with the Zoning Bylaw, including a table of allowed gross floor area for each proof plan lot and showing any protected resources areas pursuant to § 130-8 (wetland protection definitions);
3. 
Open Space Plans. An open space plan sheet identifying, differentiating, and detailing open land and common open space, including a table calculating the square footage and percentages for compliance with § 135-6.9.10 or 135-6.12.5, private amenity space, such as lawns, and wetlands and other resource areas.
4. 
Open Land. Where applicable, draft legal documents implementing the ownership and restriction requirements of §§ 135-6.12.5.2 and 135-6.12.5.3;
a. 
If open land is to be conveyed to the Conservation Commission or a nonprofit conservation organization, the applicant shall submit written confirmation of agreement to accept ownership if the OSRD is approved. The deed shall contain the following:
i. 
A legal description of dedicated open land and the entity to which it is to be conveyed; and
ii. 
A statement of the purpose of the open space and any restrictions on its use.
b. 
If ownership of open land is to be retained by the homeowners' association, the applicant shall submit written confirmation of agreement to accept the conservation restriction if the OSRD is approved. The conservation restriction shall contain the following:
i. 
Language defining the conservation restriction pursuant to MGL c. 184, §§ 31 through 33;
ii. 
Provisions for management of the open land that are explicitly tied to Town guidance on the management of conservation land; and
iii. 
Provisions for a biannual assessment of open land status to be performed by the Conservation Commission or other nonprofit conservation organization.
5. 
Common Open Space. Provisions for the management, maintenance, operation, improvement, and repair of any common open space, including levying and collecting from the property owners' common charges to pay for expenses associated with the open space;
1. 
Phasing. OSRD and SRD projects may include phased development. A preliminary phasing plan shall be submitted to the Planning Board during the public hearing for an initial review. It is expected that the specific timing will vary during permitting and construction. The phasing plan shall include estimated start and construction completion time frames for installation of utilities, road or driveway, drainage and sidewalks. The phasing plan shall specify if there will be requests for occupancy prior to full completion of the project.
2. 
Relationship to Subdivision Control. If the development will require a division of land not requiring approval under the Subdivision Control Law, then the applicant shall submit an approval not required (ANR) plan after grant of site plan review but before issuance of a building permit. If the development will require a division of land requiring approval under the Subdivision Control Law, the applicant shall submit a definitive subdivision plan for approval to the Planning Board consistent with the Board's Subdivision Regulations. The definitive subdivision plan review and site plan review may be considered at one public hearing.
3. 
Common Walls. Two or more buildings sharing common walls are treated as a single building for the purposes of the GFA restrictions in § 135-6.12.3.7.b.
1. 
Open Land.
a. 
Location. Open land shall be land in one or more parcels of a size and shape appropriate for the intended use, contiguous to the maximum extent possible, and available for use by all occupants of an OSRD. Open land shall include any or all of the following, as appropriate:
i. 
Land that separates groups of buildings within the OSRD from other groups and from adjacent property;
ii. 
Outstanding natural and man-made features of the site, including but not limited to stone walls, that enhance the land form;
iii. 
Natural habitat area and wildlife corridors, but shall not include wetlands or associated buffers;
iv. 
Paths or entry points specifically designed for access purposes; and
v. 
Degraded land, or land that has been used for other purposes, that is to be restored with native plantings.
b. 
Open land areas shall be left in or restored to their naturally vegetated state. Removal of trees or vegetation or disturbance is permitted only when specifically permitted by the Planning Board or the Conservation Commission if the project requires Conservation Commission approval.
c. 
Open land shall remain in an undeveloped condition and may not be used for buildings, parking, paved sidewalks, driveways, accessory structures, lawn areas, or any another impervious surface.
d. 
Open land shall be monumented and marked on a recorded survey, so that the Commission or ownership entity can monitor the boundaries as part of its routine oversight.
e. 
When open land adjoins public conservation or recreation areas, the open land shall include paths to those resources.
f. 
Snow storage shall not be permitted in open land areas.
g. 
The following are uses that may be deemed acceptable in open land areas subject to prior written approval:
i. 
Disease control and or control or removal of invasive species;
ii. 
Wildlife habitat restoration or improvement to restore native biotic communities or to enhance wildlife, wildlife habitat, or native tree and plant species;
iii. 
Paths or trails approved by the Planning Board or Conservation Commission where applicable;
iv. 
Vegetation management with selective minimal removing of vegetation, including selective cutting of trees and pruning to prevent, control or remove hazards, disease, insect or fire damage, mosquitoes and ticks, poison ivy and other plants potentially harmful to humans;
v. 
Passive recreation activities such as hiking, walking, bicycling, cross-country skiing, and other nonmotorized recreational activities that do not materially alter the landscape or do not degrade the environmental quality.
vi. 
Small signage identifying protected area located with minimal impact to open space area.
2. 
Common open space areas shall be designed for the common use or enjoyment of the residents of a development and may include such complementary structures and improvements as are necessary and appropriate but shall not include private lawn areas.