[Added 3-24-2003 ATM by Art. 2]
A. 
The primary purposes for the Open Space Residential Development (OSRD) Bylaw are the following:
(1) 
To allow for greater flexibility and creativity in the design of residential developments;
(2) 
To encourage the permanent preservation of open space, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands in a manner that is consistent with the Dalton Comprehensive Master Plan;
(3) 
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;
(4) 
To minimize the total amount of disturbance on the site;
(5) 
To further the goals and policies of the recently completed comprehensive Dalton Master Plan; and
(6) 
To facilitate the construction, maintenance and provision of housing, streets, utilities, and public services in a more economical and efficient manner.
B. 
The secondary purposes of the OSRD are the following:
(1) 
To preserve and enhance community character;
(2) 
To protect the value of real property.
A. 
Zoning classification. Only those parcels located in the R-1 District shall be eligible for consideration as an OSRD.
B. 
Any residential development that is 10 acres or more may submit an application for OSRD to the Planning Board.
C. 
Contiguous parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels.
D. 
Land division. To be eligible for consideration as an OSRD, the tract may be developed as a subdivision or a division of land pursuant to MGL c. 41, § 81P, or as land intended as a condominium or other form of common ownership on land not so divided or subdivided.
A. 
An OSRD may be authorized by the grant of a special permit. The Planning Board shall be the special permit granting authority pursuant to MGL c. 40A, § 9.
B. 
Relation to Subdivision Control Law. To facilitate timely processing, promote better communication and avoid misunderstanding, applicants are encouraged to submit conceptual materials for informal review by the Planning Board prior to formal application for a special permit. These materials can include alternative OSRD or conventional subdivision designs.
C. 
An application for a special permit for an OSRD shall be submitted on the form(s) provided by the Planning Board in accordance with the Rules and Regulations Governing the Subdivision of Land in Dalton, Massachusetts.[1] Each OSRD application and plan shall conform to the submission requirements of this chapter.
[1]
Editor's Note: See Ch. 501, Subdivision of Land.
D. 
Submission requirements.
(1) 
Concept plan. The applicant shall submit a concept plan and a yield plan. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps.
(2) 
The concept plan shall be prepared by a certified landscape architect, or by a multidisciplinary team of which one member must be a certified landscape architect, and shall address the general features of the land, and give approximate configurations of the lots, open space, and roadways.
(3) 
The concept plan shall include the following:
(a) 
The subdivision name, boundaries, north point, date, legend, title "Concept Plan," and scale.
(b) 
The names of the record owner and the applicant, and the name of the landscape architect that prepared the plan.
(c) 
The names, appropriate location, and widths of adjacent streets.
(d) 
The proposed topography of the land shown at a contour interval no greater than three meters. Elevations shall refer to mean sea level (NGVD).
(e) 
The location of existing landscape features including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major long views, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife. Proposals for all site features to be preserved, demolished, or moved shall be noted on the concept plan.
(f) 
The location and acreage of areas to be devoted to specific uses.
(g) 
The proposed location of parks, open spaces, and other public and community uses, including trails, recreation areas, pedestrian and bicycle paths, and off-street parking areas.
(h) 
Open space residential development (OSRD) with future private ways. Application for a special permit proposing roads to remain private ways shall be accompanied by a site plan with all appropriate information as required on a preliminary subdivision plan. All roads, parking areas, drainage areas and similar improvements shall be constructed in accordance with the Rules and Regulations Governing the Subdivision of Land in Dalton, Massachusetts.
(i) 
Development on municipal sewer systems: written approval certifying tie-in to the municipal sewage from the Town of Dalton Public Works Department.
(j) 
Development on municipal water system: written approval certifying tie-in to the municipal water system from the Town of Dalton Fire District
(k) 
A narrative explanation prepared by a certified professional engineer proposing systems for stormwater drainage and its likely impacts on site and to any abutting parcels of land. The appropriate location of any stormwater management detention/retention basins shall be shown on the plan and accompanied by a conceptual landscaping plan.
(l) 
A narrative explanation prepared by a certified professional engineer, detailing the proposed drinking water supply system.
(m) 
The organization which the applicant proposes to form to own and maintain the residential and/or open space land, including forms and plans to be used to organize the same.
(n) 
Copies of all proposed covenants, agreements and other restrictions, which the applicant proposes, in draft guideline form, not in final legal form.
(o) 
Proposed gross density of entire development tract, amount of open space required and amount of open space retained.
(p) 
All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative.
(q) 
Locus or site context map. This map illustrates the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands. This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.
(r) 
Existing conditions/site analysis map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts. These resources include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature undegraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property.
(s) 
Any and all other information from the definitive subdivision regulations of the Town of Dalton that the Planning Board may require to assist in determining whether the proposed OSRD meets the objectives and standards as set forth in this article.
(4) 
Yield plan. The applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to § 350-101B, Determination of yield.
(5) 
Relationship between concept plan and definitive subdivision plan. The concept plan special permit shall be reconsidered if there is substantial variation between the definitive subdivision plan and the concept plan. If the Planning Board finds that a substantial variation exists, it shall hold a pubic hearing on the modifications to the concept plan. A substantial variation shall be any of the following:
(a) 
An increase in the number of building lots;
(b) 
A significant decrease in the open space acreage;
(c) 
A significant change in the lot layout;
(d) 
A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;
(e) 
Significant changes to the stormwater management facilities; and/or
(f) 
Significant changes in the wastewater management systems.
A. 
After notice and public hearing in accordance with MGL c. 40A, § 9, as amended, and after distribution of copies of the concept plan application materials to other Town boards and receipt of comments from those boards in accordance with § 350-46, the Planning Board may, after due consideration of the reports and recommendations of other Town boards, grant a special permit, provided that the conditions and standards of this article have been adequately met.
B. 
A special permit granted under this article shall lapse within 24 months if construction has not begun or is not continuing to proceed, except for a good cause shown and approved by the Planning Board.
C. 
Planning Board approval for a special permit for a cluster development under this article shall not substitute compliance with the Subdivision Control Law (MGL c. 41, §§ 81K to 81GG) nor oblige the Planning Board to approve any related definitive plan for subdivision. The applicant may submit a preliminary subdivision plan at the same time as the application for a special permit; however, two separate public hearings, one for the special permit and one for the definitive plan must be held.
A. 
Permitted uses and standards.
(1) 
A single-family dwelling unit or other lawful accessory buildings may be constructed on certain lots in a cluster development.
(2) 
The development tract for which a cluster 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 § 350-98 of this chapter.
(3) 
A cluster development may be permitted at the discretion of the Planning Board, as the special permit granting authority, only on a tract of land, which has access and will be connected to a public sewer.
(4) 
For any tract on which development is permitted, the density for a cluster development shall comply with § 350-102 of this bylaw.
B. 
Determination of yield. The maximum number of lots in the development shall be derived by dividing the total tract area, less proposed roadways and 50% of wetlands, 50% of floodplains, and 50% of slopes greater than 20%, by the minimum lot size for the R-1 District.
Total number of lots =
TA (RW + FP + SL + WA)
30,680 square feet
TA
=
Tract area
RW
=
Roadways
WA
=
50% of wetlands (total area divided by 2)
FP
=
50% of floodplains (total area divided by 2)
SL
=
50% of slopes greater than 20%
(1) 
The Dalton Planning Board may authorize the increase or decrease of the maximum number of lots by up to 25% of the total number calculated by the determination of yield formula where it is determined that such a change will further the goals of the Open Space Residential Development Bylaw.
The Planning Board may authorize modification of lot size, shape, and other bulk requirements for lots within a OSRD, 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 subdivision involved.
B. 
Lot frontage shall not be less than 50% of minimum requirements for this district.
C. 
Each lot shall have at least 50% of the required setbacks for the district.
D. 
Lots may be reduced in area according to the following schedule:
Minimum Lot Area
Per Living Unit
Subdivision Type*
Percent Open Space
Acres
Square Feet
Conventional
0%
3
130,680
OSRD
At least 50%
1.5
52,272
A. 
Dedicated open space. A minimum of 50% of the tract shown on the development plan shall be dedicated open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
(1) 
No more than 50% of the dedicated open space shall constitute wetland. The term "wetland" shall be limited to the definition of wetland as specified under MGL c. 131, § 40, the Wetlands Protection Act, as amended. Wetland determination shall be established by a wetlands specialist paid for by the developer and shall be made part of the site plan.
(2) 
The open space shall be contiguous. Contiguous shall be defined as being connected. Open space will still be considered connected if a roadway or an accessory amenity separates it. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw.
(3) 
The open space may be used for wildlife habitat, conservation, historic preservation, outdoor education, recreation (including hunting, fishing, and hiking), park purposes, agriculture, horticulture or any combination of these uses. Additional uses may be permitted upon approval of the Planning Board, provided that such uses are in harmony with the promotion and retention of open space. Open space may be made open to the general public except in areas that are within 500 feet of any building or residences. The Planning Board may permit up to 2% of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space.
(4) 
The Planning Board may permit wastewater and stormwater management systems serving the OSRD to be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.
B. 
Ownership of the open space.
(1) 
The open space shall, at the Planning Board's election, be conveyed to:
(a) 
The Town or its Conservation Commission; or
(b) 
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
(c) 
A corporation or trust owned jointly or in common by the owners of lots within the OSRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Documents creating such trust corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded.
(2) 
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.
C. 
Encumbrance: 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 shall require placement of surveyed bounds sufficient to identify the location of the open space.
The following generic and site-specific design standards shall apply to all OSRDs and shall govern the development and design process.
A. 
Generic design standards.
(1) 
The landscape shall be preserved in its natural state, in so far as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
(2) 
Streets shall be designed according to the standards in the Subdivision Rules and Regulations for the Town of Dalton.[1] Streets shall be located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
[1]
Editor's Note: See Ch. 501, Subdivision of Land.
(3) 
Development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.
(4) 
All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
(5) 
The removal or disruption of historic, traditional or significant uses, structures, or architectural elements whether these exist on the site or on adjacent properties shall only be allowed upon review and approval of the Planning Board.
B. 
Site specific design standards.
(1) 
The OSRD may consist only of single-family residential structures.
(2) 
Parking. All parking shall conform to Article X of this chapter.
(3) 
Common driveways.
(a) 
Common driveways shall not provide access to more than two lots. Common driveways shall not be considered public ways and shall not provide lot frontage.
(b) 
Common driveways shall be not less than 16 feet in width and with all curve radii adequate for fire and other emergency vehicles; constructed with bituminous asphalt, concrete, oil and stone, compacted gravel, or other similar material according to accepted construction standards.
(c) 
The maximum length of a common driveway shall be 400 feet. A common driveway shall be measured along its center line from its point of intersection with the paved or otherwise improved section of the street to the most distant portion of its turnaround.
(d) 
The length of an individual driveway originating at a common driveway plus the length of the common driveway measured from the point of intersection of the center lines of the individual and common driveways to the paved or otherwise improved section of the street shall not exceed 600 feet. Measurement of the individual driveway shall be along its center line from its point of intersection with the center line of the common driveway to its termination at the building it serves, or to the portion of the vehicle storage area closest to said building.
(e) 
The maximum grade of any common or individual driveway shall be 10%. Short sections may exceed 10% with the approval of the Planning Board, but in no event shall any section exceed 15%.
(f) 
The intersection angle between a common driveway center line and the street center line shall not be less than 60°.
(g) 
An agreement providing access over the common driveway to all lots and making all lots served by the common driveway jointly responsible for its maintenance and repair, including snowplowing, shall be recorded at the Berkshire Registry of Deeds. Evidence of the recording shall be submitted to the Building Inspector prior to the issuance of a building permit for any lot served by the common driveway.
(4) 
Drainage. The Planning Board shall encourage the use of "soft" (nonstructural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface areas and enable infiltration where appropriate.
(5) 
Screening and landscaping. All structural surface facilities shall be accompanied by a conceptual landscape plan.
(6) 
On-site pedestrian and bicycle circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
(7) 
Disturbed areas. Not more than 50% of the total tract shall be disturbed area. A disturbed area is any land not left in its natural vegetated state, unless waived by the Planning Board to promote the goals of this bylaw.
C. 
Site visit. Whether or not conducted during the preapplication stage, the Planning Board may conduct a site visit during the public hearing or at any other time until completion of the project. At the site visit, the applicant and/or its agents may accompany the Planning Board and/or its agents.
The Planning Board may grant a special permit for an open space residential development (OSRD) if it determines that the proposed OSRD has less detrimental impact on the tract than conventional development proposed for the tract, after consideration of the following factors:
A. 
Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;
B. 
Whether the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources;
C. 
Whether the OSRD promotes 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 subdivision;
D. 
Whether the OSRD reduces the total amount of disturbance on the site;
E. 
Whether the OSRD furthers the goals and policies of the Master Plan;
F. 
Whether the OSRD facilitates the construction, maintenance and provision of streets, utilities, and public service in a more economical and efficient manner;
G. 
Whether the concept plan and its supporting narrative documentation complies with all sections of this Zoning Bylaw.
If a court of competent jurisdiction holds any provision of this bylaw invalid, 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 the Dalton Zoning Bylaw.