[Amended 10-28-2019 ATM by Art. 26]
Planned open space developments, hereinafter known as "POS,"
may be allowed by special permit by the Planning Board for the purpose
of providing attractive, convenient, efficient neighborhoods and to
promote the conservation of open space and the efficient use of land
in harmony with its natural features.
A.
The tract of land proposed for a POS shall contain
a minimum of five acres. These proposals shall be permitted only within
a subdivision as defined in MGL c. 41, § 81L.
[Amended 10-28-2019 ATM by Art. 26]
B.
Number of dwelling units. The maximum number of dwelling
units allowed shall be equal to the number of lots which could reasonably
be expected to be developed upon that parcel under a conventional
plan in full conformance with all zoning, subdivision regulations,
health regulations, wetlands 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.
C.
If any part of a dwelling or accessory building in
a POS is proposed to be located within 75 feet of the perimeter of
such development, such building(s) shall be located so as to comply
with the minimum yard dimensions for principal and accessory buildings
for the applicable zoning district.
[Amended 10-28-2019 ATM by Art. 26]
D.
Minimum lot area shall be 12,000 square feet. Minimum
frontage shall be 50 feet. Minimum side yards shall be 12 feet. Minimum
front and rear yards shall be 20 feet. Lots having reduced area or
frontage shall not have frontage on a street other than a street created
by a subdivision involved.
E.
All streets in a POS shall be improved in accordance
with the requirements and specifications of the subdivision regulations.[1] Driveways and other paved areas intended to remain in
private ownership shall be approved as to design and construction
standards by the Planning Board.
F.
A written agreement or contract to be executed between
the developer and the Town of Chelmsford shall be submitted at the
final stage of the subdivision review stating that:
(1)
The owner or developer will construct the development
and install improvements, both public and private, in accordance with
the approved plan. A bond shall be posted to guarantee completion.
(2)
In the event of failure of the owners, successors
or assigns to maintain any common open space, recreation areas, landscaping
features or other required improvements, the Town may enter said development
and perform such necessary maintenance work and charge the cost, including
attorney fees, to the owner, successor or assigns.
(3)
This contract shall be binding upon the heirs, assigns,
successors or receivers of the development and shall constitute a
lien on the property in the development.
(4)
Any other conditions required by the Planning Board.
G.
A site plan, in addition to the final subdivision
plan, shall be recorded after the POS is approved. As a minimum this
site plan shall show the entire development, indicating lots, roads,
easements, open space, phases for development, any recreational uses
or buildings to be constructed in the open space and any ponds, streams
or wetlands. This plan shall be approved by the Planning Board before
it is recorded.[2]
[2]
Editor's Note: Original Sec. 4628, Buffer
areas, which immediately followed this subsection, was deleted 10-21-1999 ATM by Art. 29.
[Amended 10-28-2019 ATM by Art. 26]
A minimum of 25% open space, excluding required yards and buffer
areas, shall be provided. Such open space may be separated by the
road(s) constructed within the site. At the discretion of the Planning
Board, the open space provided may be off site, upon a demonstration
that such land promotes the purpose set forth in this article. The
percentage of the open space which is wetlands, as defined pursuant
to MGL c. 131, § 40, 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 the open space upon
a demonstration that such inclusion promotes the purposes set forth
in this article.
A.
The required open space shall be used for conservation,
historic preservation and education, outdoor education, recreation,
park purposes, agriculture, horticulture, forestry or for a combination
of these uses and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon,
provided that 10% of such open space may be paved or built upon for
structures accessory to the dedicated use or uses of such open space,
pedestrian walks and bike paths.
C.
Underground utilities to serve the site may be located
within the required open space.
D.
The required open space shall, at the Planning Board's
election, be conveyed to:
(1)
The Town of Chelmsford or its Conservation Commission;
(2)
A nonprofit organization, the principal purpose of
which is the conservation of open space and any of the purposes for
such open space set forth above; or
(3)
A corporation or trust owned jointly or in common
by the owners of lots within the site. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of the 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.
(a)
Each such trust or corporation shall be deemed
to have assented to allow the Town of Chelmsford to perform maintenance
of the 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. The owner of each lot shall be deemed to
have assented to the Town filing a lien against each lot in the development
for the full cost of such maintenance, which liens shall be released
upon payment to the Town of the same.
(b)
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 in the Registry of Deeds.
E.
Any proposed open space, unless conveyed to the Town
or its Conservation Commission, shall be subject to a recorded restriction
enforceable by the town, provided that such land shall be perpetually
kept in an open state, that it shall be preserved for exclusively
agricultural, horticultural, educational or recreational purposes
and that it shall be maintained in a manner which will ensure its
suitability for its intended purposes.
The applicant or developer shall provide for
and establish a homeowners association as a nonprofit organization
or other legal entity under the laws of Massachusetts for the use,
care and maintenance of lands and improvements. Membership in the
association shall be mandatory for all landowners within the POS,
and each lot shall be entitled to equal representation. The association
shall be formed prior to conveyance of the first lot, in a form acceptable
to the Planning Board.
The following certificates or documents shall
be submitted to the Planning Board:
A.
Copies of any proposed management policies and existing
or proposed deed restrictions or covenants running with the land in
the development.
B.
A description of any existing easement, covenants
or restrictions affecting land within the development and an instrument
conveying any easements required as a condition of approval to the
town.
A.
Prior to approval by the Planning Board, the developer
must file and have approved by the Planning Board a sample purchase
and sale agreement which shall be used for the purchase of individual
lots and dwellings. Said agreement shall include in conspicuous type
the following:
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The property is part of a POS subject to the
Zoning Bylaw and the Subdivision Regulations of the Town of Chelmsford.
The purchaser and subsequent owners of the property are subject to
the requirements therein contained. The purchaser shall be required
to be a member of a homeowners association, shall be subject to rules
and regulations of said association and shall be liable for any applicable
assessment made by or against said association. The ultimate liability
for the open space falls on the individual lot owner.
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B.
The purchase and sale agreement shall further contain
a statement by the seller that the purchaser has been provided with
a copy of the documents pertinent to the POS and a prospectus which
shall summarize in layman's language the information contained therein.
A.
The Planning Board shall not approve a POS development
in an established single-family neighborhood where, in its determination,
such land use will be inconsistent with or will have a detrimental
effect upon the surrounding property. If the Planning Board denies
a POS based on this section it shall identify this as the reason for
denial.
B.
Approval under this article does not relieve the applicant
from conformance with the Subdivision Control Law.[1] No part of the construction of a POS shall begin until
the plan of such development has been granted final approval by the
Planning Board in accordance with the subdivision regulations.[2] The developer shall submit with the request for a POS
an alternate plan(s) for developing the site as a conventional subdivision
at the presubmission review and preliminary plan stages of the subdivision
process which shall adhere to all subdivision requirements. The Planning
Board may establish additional rules and regulations to govern the
POS and the filing of additional material or information.
