[Amended 5-12-2003 ATM by Art. 26; 5-12-2008 ATM by Art. 20]
A.
Open space community developments are allowed by right
as a type of subdivision in designated zones. To ensure development
that is compatible with the purposes and intent of this chapter, this
development method must conform to the standards and comply with all
appropriate criteria described in this article.
B.
This development method applies only to residential
development and shall be allowed as of right, but only in the Agricultural-A,
Agricultural-B, and Village Residential Zones.
A.
The objectives of the open space community development
(OSCD) are:
(2)
To allow the relatively intensive use of land in an alternative pattern of development while maintaining existing character and by which the benefits and objectives described in Subsection B are likely to be attained.
(3)
To provide a variety of housing opportunities for
Belchertown residents of all income levels and social groups; specifically,
to provide opportunities for smaller households, older residents,
and first-time owners.
(4)
To provide for such housing in ways that are most
fiscally beneficial to the Town's municipal operations.
(5)
To maintain and preserve a landscape that is biologically
diverse and ecologically stable through creating and/or maintaining
wildlife corridors and critical habitat.
B.
Advantages of OSCD subdivisions:
(1)
Provision of a diversity of housing stock in Belchertown.
(2)
Economical and efficient street, utility and public
facility installation, construction, and maintenance through creative
design.
(3)
Development that will permit the Town to continue
to provide the quality of municipal service without imposing an increased
burden on the citizens of Belchertown.
(4)
Efficient use of land in harmony with its natural
features.
(5)
Preservation of water bodies and supplies, wetlands,
woodlands, agricultural lands, wildlife habitat, sites and structures
of historical importance, and areas of scenic beauty.
(6)
Preservation of open spaces for active and passive
recreational use, including the provision of neighborhood parks and
playgrounds.
(7)
Preservation of productive farmland and woodland.
(8)
Preservation of open space areas for agricultural,
forest management, and active and passive recreational use.
(9)
Preservation of habitat for plant and animal species.
Refer to § 145-2 of this chapter; also:
The rules and regulations adopted by the Planning Board under
MGL c. 41, § 81Q as of May 20, 2001, or as may have been
amended or adopted as of the date of the submission of the application
for OSCD definitive subdivision approval.
Property within a subdivision designated to be deeded by
the developer to the Town or other approved organization or to be
maintained by the developer or owner in an undeveloped state in a
manner approved by the Planning Board. Such open space is to be used
for passive or active recreation, agriculture, forestry, preservation
of ecologically significant landscapes, wildlife habitat, natural
or scenic vistas, unique natural or cultural features, or greenways.
Such open space shall be retained in substantially a natural, wild
or open condition or in a landscaped condition in such a manner as
to allow to a significant extent the preservation of wildlife or other
natural resources. Open space shall not include areas designated for
sediment control, erosion control, or stormwater control; such areas
are considered part of the subdivision infrastructure and are not
intended for recreation, agriculture, or forestry. Open space shall
include no more than 15% of wetlands, surface waters, floodplains,
or areas with unaltered slopes greater than 25% provided, however,
that the Planning Board may allow the applicant to include a greater
percentage of wetlands, surface waters, floodplains, or areas with
unaltered slopes greater than 25% in such open space upon a demonstration
that such inclusion promotes the purposes of this bylaw.
A conceptual plan showing how the parcel could be subdivided
in a conventional manner. Determination of the possible number of
conventional lots shall be determined by Title V regulations, 310
CMR 15.000, as well as the Belchertown Board of Health regulations.
For purposes of determining the number of OSCD dwelling units, each
conceptual conventional lot must meet the requirements of a buildable
lot for a single-family, or two-family, dwelling unit as defined in
the zoning district in which the OSCD is located and meet all other
applicable requirements of the Zoning Bylaw and Subdivision Regulations.
In no case shall the number of OSCD dwelling units exceed the number
of units that would be allowed under a conventional subdivision.
A.
Permitted uses and standards.
(1)
A detached single-unit dwelling, an attached single-unit
dwelling, or a detached double-unit dwelling, any with an accessory
building, may be constructed on certain lots in an OSCD development
although such lots have less area, frontage and front, rear and side
yard dimensions than required for standard single- and double-unit
lots.
(2)
The open space community development dimensional standards as specified in § 145-55 of this chapter shall be met.
(3)
The Planning Board may allow no more than 20% of the
total number of principal structures to be double-unit dwellings.
These units shall be designated on the plan and in restrictions in
the deeds of each separate property.
(4)
The development tract for which an OSCD development is proposed shall be in single ownership or control at the time of application and shall not be less than the minimum size as specified in § 145-55 of this chapter.
(5)
An OSCD development shall only be permitted on a tract
of land which has access to and will be connected to a public sewer
or where the percolation rates for the areas in which the on-site
subsurface sewage disposal systems are to be located meet state Environmental
Code (Title V, 310 CMR 15.211) and Belchertown Board of Health requirements.
(6)
In determining the allowed number of lots, fractions
over 1/2 may be increased to the nearest whole unit, and fractions
under 1/2 shall be decreased to the nearest whole unit.
B.
Density. The maximum number of dwelling units for
an OSCD shall be determined by use of a yield plan, which is a conceptual
plan showing how the parcel could be subdivided in a conventional
manner. Determination of the possible number of conventional lots
shall be determined by Title V regulations, 310 CMR 15.000, as well
as the Belchertown Board of Health regulations. In no case shall the
number of OSCD dwelling units exceed the number of units that would
be allowed under a conventional subdivision. There shall be no further
subdivision of an approved OSCD.
(1)
For any tract with access to public sewers, the minimum
lot size for an OSCD development shall be 15,000 square feet per lot.
The Planning Board may waive this requirement when it serves the purposes
of this bylaw.
(2)
For any tract without access to public sewers, the minimum lot size for an OSCD development shall be 30,000 square feet per lot. The Planning Board may waive this requirement when it serves the purposes of this bylaw [refer to § 145-57C(3)].
(3)
For those OSCD developments that do not have access
to public sewers, the following standards shall apply to developments
requiring on-site sewage disposal:
(a)
The applicant shall submit a conceptual design
showing suitable area per lot for a septic system design prepared
by a certified engineer and approved by the Board of Health as well
as a plan illustrating the location of water supply wells with the
application. Such conceptual plan must also demonstrate a reserve
area for a backup well and a backup septic system.
(b)
All OSCD developments must meet the minimum
state Environmental Code (Title V) requirements for minimum setbacks
between private water supply wells and septic tanks or soil absorption
systems (310 CMR 15.211).
(c)
All OSCD developments must meet the minimum
state Environmental Code (Title V) requirements for nitrogen loading
limitations (310 CMR 15.214-15.217). For OSCDs with individual lot
sizes less than 40,000 square feet, applicants must meet the following
standards:
[1]
Applicants must designate, on a plan, specific
areas as "nitrogen credit land," based on the following equation:
|
(40,000 square feet x number of OSCD lots) –
(total square feet in proposed OSRD lots) = square feet of required
nitrogen credit land
| |
|
Basic example: (40,000 x 15) – (15 x 30,000)
= 150,000 square feet
| |
|
Unit example:
|
|
Number of Units
|
Square Feet Per Lot per Unit
|
Number of Bedrooms per Unit
|
Estimated Lot Size Required Per Bedroom
for Septic Loading1 (square
feet)
|
Estimated Lot Size Required for Septic
Loading
(square feet)
|
Estimated Required Total Lot Size
(square feet)
|
Total Required Nitrogen Credit Land
(square feet)
| |
|---|---|---|---|---|---|---|---|
|
Single
|
8
|
30,000
|
3
|
10,000
|
30,000
|
240,000
|
80,000
|
|
Duplex
|
2
|
30,000
|
2
|
10,000
|
40,000
|
80,000
|
n/a
|
|
Total
|
10
|
300,000
|
32
|
n/a
|
n/a
|
320,000
|
80,000
|
|
NOTE:
|
|
1 Actual septic requirements
may vary according to site-specific details, including, but not limited
to, soils and topography.
|
[2]
Nitrogen credit land must meet DEP qualifications
contained in "Guidelines for Title 5 Aggregation of Flows and Nitrogen
Loading 310CMR15.216," including, but not limited to, the following
qualifications:
[a]
Must be restricted to prohibit
man-made sources of nitrogen, including sewage discharge, nitrogen-based
fertilizer or raising and grazing of livestock;
[b]
Must be restricted to prohibit
artificially rendered imperviousness (i.e., paved streets, paved parking
lots, buildings, structures, etc.);
[c]
Not within a velocity zone or regulatory
floodway identified by FEMA;
[d]
Not under surface water;
[e]
Not already being used as nitrogen
credit land.
[3]
All designated nitrogen credit land must be
permanently restricted from further development under a "Grant of
Title 5 Nitrogen Loading Restriction and Easement on Nitrogen Credit
Land."
[4]
After approval of the OSCD development plans,
applicants must apply to the Board of Health and the Massachusetts
Department of Environmental Protection (DEP) for an aggregate determination
of nitrogen loading under 310 CMR 15.216.
(d)
It is required that septic tanks be installed
on individually owned lots. Nitrogen credit land must be at least
100 feet from all private wells.
See the Table of Open Space Community Development
Dimensional Standards.[1]
[1]
Editor's Note: The Table of Open Space Community Development Dimensional Standards is included at the end of this chapter.
A.
All open space land as required shall either:
(1)
Be conveyed to the Town of Belchertown and be accepted
by it for open space; or
(2)
Be conveyed to a nonprofit organization, the principal
purpose of which is the conservation of open space and related activities;
or
(3)
Be conveyed to an organization owned or controlled,
or to be owned or controlled, by the owners of lots or residential
units within the development. If such a corporation or trust is designated,
as indicated herein, ownership shall pass with conveyance of the lots
or residential units.
|
Further subdivision of open space land or its
use other than for recreation, conservation, forest or agriculture,
except for easements for underground utilities or drinking water supply
wells, shall be prohibited. A deed restriction to this effect, approved
by the Planning Board, shall be recorded prior to sale or development
of any lots within the OSCD.
|
B.
Under the second or third ownership alternatives listed
above, a restriction enforceable by the Town of Belchertown shall
be recorded, providing that such land shall be kept in an open or
natural state, including recreational, agricultural, or forestry uses,
and not be built upon for residential uses or developed for accessory
uses, such as parking or roadway.
C.
The location, size, and shape of open space shall
be subject to the approval of the Planning Board. However, the minimum
open space requirement for an OSCD shall be 35% of the total tract
area.
D.
The Planning Board will make the final determination
of the composition of the common usable open space; this common usable
open space may include wetlands, floodplain land, and slopes greater
than 25%. However, no more than 15% of the required open space shall
be composed of wetlands, surface waters, floodplains, or areas with
unaltered slopes greater than 25%. The applicant has the burden of
demonstrating that the composition of the proposed open space and
its location further the purposes of the open space community development.
At its discretion, the Planning Board may allow a higher percentage
of the required open space to be composed of no greater than 50% wetlands,
surface waters, floodplains, or areas with unaltered slopes greater
than 25%.
E.
Notwithstanding § 145-55 of this chapter (Dimensional standards), the Planning Board may permit the following to occur within the designated open space land:
(1)
Subject to approval of the Board of Health, as otherwise
required by law, the Planning Board may permit the open space land
to be used for subsurface waste disposal where the Planning Board
finds that such use will not be detrimental to the character, quality
or use of the open space land, such use to be recorded in the deeds
of the lots affected.
(2)
Up to 10% of the open space may be set apart and designated
as such to allow for the construction of structures and facilities
accessory thereto designed for agricultural, forestry, or recreational
purposes.
A.
Relation to Subdivision Control Law. To facilitate
timely processing, promote better communication, and avoid misunderstanding,
applicants are encouraged to submit a preliminary subdivision plan.
This plan should include alternative OSCD designs; a yield plan must
be included.
B.
Submission requirements.
(1)
Each OSCD application and plan shall be prepared in accordance with the requirements for described in the Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown.
(2)
Each OSCD application and plan shall provide the following
additional information:
(a)
The location and acreage of areas to be devoted
to specific uses.
(b)
The proposed location of parks, open spaces,
and other public and community use.
(c)
Developments on municipal sewer systems: written
approval certifying tie-in to municipal sewage from the Belchertown
Department of Public Works.
(d)
On-site septic development: a sanitary sewage
feasibility report certified by a registered professional civil engineer
licensed in Massachusetts. The purpose of the report is to evaluate
the feasibility of the ground for subsurface disposal of septic tank
effluents, based on soil characteristics and test borings, water table,
natural drainage patterns and other observations by the engineer.
[1]
The report shall take into consideration the
following factors: location of deep holes, to be shown on an appropriate
map; topographic and ground level conditions; natural drainage patterns;
flood heights of nearby waterways; underlying soil characteristics,
absorption qualities, maximum groundwater elevations and distances
to bedrock; and locations and dimensions of abutting off-site sewage
disposal systems if within 100 feet of property lines to be shown
on an appropriate map.
[2]
The report shall contain a statement by the
civil engineer of why the septic system design and location is the
most suitable of considered alternatives for on-site sanitary sewage
disposal systems as indicated in Title V, the State Environmental
Code. The Belchertown Board of Health has final jurisdiction over
all on-site septic systems.
(e)
The organization the applicant proposes to own
and maintain the open space land.
(f)
Draft copies of all proposed covenants, agreements,
and other restrictions that the applicant proposes.
(g)
Proposed gross density of entire development
tract, amount of open space required, and amount of open space retained.
(h)
A yield plan shall also be provided showing
the number of potential lots that could be created and built upon
for residential purposes via a conventional residential subdivision.
(i)
Any and all other information from the definitive
subdivision regulations of the Town of Belchertown that the Planning
Board may require to assist in determining whether the proposed OSCD
meets the objectives and standards as set forth in this article.
C.
Waivers.
(2)
The Planning Board may grant waivers from side, front
and rear yard setbacks when it is necessary to promote maximum design
flexibility for the purposes of this article.
(3)
The Planning Board may grant waivers from minimum lot size requirements established in § 145-54B(1), provided there is a corresponding increase in the amount of preserved open space over and above the thirty-five-percent threshold established in this bylaw.
(4)
The Planning Board may grant a waiver to permit a
community septic system or community well, provided that the final
design complies with Title V regulations and is approved by the Board
of Health.
D.
Design flexibility.
(1)
At its discretion, the Planning Board may allow a
higher percentage of the required open space to be composed of no
greater than 50% wetlands, surface waters, floodplains, or areas with
unaltered slopes greater than 25%.
(2)
At its discretion, the Planning Board may allow up
to 50% of the total parcel to be preserved as open space, provided
it is in keeping with the purposes of this bylaw.
E.
Review and approval process. After notice and public
hearing in accordance with MGL c. 41, § 81T, as amended,
the Planning Board may, after due consideration of the reports and
recommendations of the Conservation Commission, Board of Health and
Town Engineer, and other reviewing offices, grant OSCD subdivision
approval, provided that the conditions and standards of this article
have been adequately met.
Prior to the development or sale of any lot
within an OSCD, a covenant or other instrument satisfactory to the
Planning Board shall have been executed assuring the open space land
or the recreational use of lands so designated in the application.
Determination that any specific portion of this Article XI is invalid shall not render any other part thereof invalid.
