11.b. Inclusionary zoning-WF5.3.20§ 350-10.5. Open space or cluster residential development.
For residential development in a clustered concept (a concept
whereby the residences are clustered on a portion of the lot, thereby
leaving more of the parcel undeveloped and in open space, the
purpose of which is to: a) preserve the rural character of the
community by maximizing and preserving expanses of open space in
their natural state; b) provide a buffer between developments; and c)
serve a functional relationship to each of the lots in the development
in those districts for which such an option is allowed by the Table of
Use Regulations,1 the following rules and conditions shall apply:
A. A site plan, in accordance with this section and § 350-11, Site
Plan Approval, shall be prepared by a registered land surveyor or
registered professional engineer. In addition to requirements of
§ 350-11, the plans shall show the following:
(1) Two-foot finished contours on the tract and within 50 feet
thereof.
(2) The location and acreage of areas to be devoted to specific
uses.
(3) Existing and proposed streets, parking areas, drainage and
utility systems, including sewer and water, streetlighting,
landscaping, fire alarm systems, sidewalks, and easements,
and natural features.
(4) Proposed clustered residential density of development and
gross density of development in terms of square feet per
family.
(5) The proposed location of parks, open spaces and other public
or community uses.
(6) Such other information as may be required by the Planning
Board.
B. For those proposed developments which will also involve the
subdivision of land and/or require the Planning Board's approval
under the Subdivision Control Law:
(1) A definitive subdivision plan shall be filed with the special
permit application in lieu of the site plan (Said plan shall
include all of the information required in Subsection A
above.); and
1. Editor's Note: The Table of Use Regulations is included at the end of this chapter.
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§ 350-10.5(E)(2) provides a 15% bonus density for affordable housing.
(2)The definitive subdivision plan shall be filed with the Planning
Board for approval under the Subdivision Control Law at the
same time that the special permit is filed.
C.The tract for which an open space residential development is
proposed shall be in a single ownership or control at the time of
application,and shall be comprised of at least four contiguous
acres,except in URC and URB Districts it shall be at least three
acres.
D.The use and density requirements for open space residential
development (cluster)are listed in the Table of Use Regulations
and the Table of Dimensional and Density Regulations in
§350-6.2.2 The minimum lot area in the table is the land area
required for each residential building exclusive of streets,water
area,open space,and common land.When a development is
served by both an on-site water supply (well)and an on-site
sewage disposal system (septic tank),then the Board of Health
approval of both water supply and sewage disposal system
location is required.
(1)Each single-family,two-family and three-family structure
shall be located on its own individual lot,except that for the
purpose of this section one-family,two-family and three-
family structures may be considered townhouses if they are
either row houses attached side to side (not on top of each
other),or if all homes are located on a single lot under
common ownership.Multiple townhouses and multifamily
structures may be located on one lot under common
ownership.If multiple structures are placed on a single lot,
there must be adequate provisions for internal circulation,
including circulation of pedestrians and emergency and
maintenance vehicles,and for the on-going maintenance of
the circulation system.The total number of units shall be
determined by Subsection E below.
(2)When the rear or side yard of an individual lot in the
development,including a zero lot line lot,abuts a lot not in
that development,then said rear yard and side yard building
setbacks shall be equal to those required for a nonclustered
lot in that zoning district.
E.Density.
2.Editor's Note: These tables are included at the end of this chapter.
§350-10.5 §350-10.5
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(1)The maximum number of dwelling units in the development
shall be computed by multiplying the total tract area,less
proposed roadways and 90%of wetlands and floodplains,by
the density shown below for the appropriate zone:
Dwelling Units Per Acre
RR 1.1
SR 1.5
URA 2.2
URB 4.4
URC 4.4
WSP 0.54, regardless of the underlying district
All districts 0.54 if lots or development have both an
on-site water supply (well) and an on-site
sewage disposal system (septic tank),
regardless of the underlying district
(2)The above densities are increased by up to 15% if:
(a)The percent of density bonus is no greater than the
percent of dwelling units in the cluster that are affordable
units.Affordable units are those which may be rented or
purchased by households making 80%of median
household income for Northampton,as calculated by the
U.S.Department of Housing and Urban Development with
adjustments for family size; and
(b)Deed and use restrictions,easements,or covenants,with
a mechanism for adequate enforcement,are provided and
approved by the Planning Board to ensure that units are
affordable for a minimum of 99 years and that units can
only be purchased by people whose income does not
exceed 80% of median income; and
(c)Affordable units are geographically dispersed throughout
the development; and
(d)The applicant provides all required information and
paperwork and pays all required fees under the
Massachusetts Local Initiative Program to allow the City
to count these units as affordable units.
(3)Common buildings,including shared mail facilities,
recreation,dining,laundry,guest rooms,personal office
space for residents of the cluster,shared and maintenance
§350-10.5 §350-10.5
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facilities,and retail or personal services not to exceed the
lesser of 2%of the total gross floor area of the cluster or
4,000 square feet,may be allowed in a cluster,but are limited
to common facilities which primarily serve the residents of
the cluster but generally not outside paying guests and child-
care facilities for residents and outside customers.Setbacks
on common buildings must equal setbacks required for
nonclustered lots in the subdivision.Common buildings are
not considered dwelling units nor can they be credited to
open space requirements.The dimensional requirements of
§350a et seq.,Tables of Dimensional and Density
Regulations, shall apply to common buildings.
F.The proposal shall conform to the provisions of any and all
applicable local,state and federal rules and regulations,
including §350-10.1 (special permits) of this chapter.
G.Of the total tract area,at least 50%shall be set aside as common
open space with no buildings allowed except for bathrooms
required to serve the common open space.Of the 50%set aside
for open space,no more than 25%shall be wetlands or floodplains
(as defined in MGL c.131,§40,the Wetlands Protection Act,310
CMR,and Chapter 337,Wetlands Protection,of the Code)nor
have a slope of over 8%,except as permitted in Subsections H
and I below,nor include any part of a detention/retention pond
designed to hold water for up to a ten-year storm shall be set
aside as common open space with no buildings allowed except for
bathrooms required to serve the common space.
(1)In the event that more than 25%of the proposed open space
falls into one of these categories above,any such additional
land shall be subtracted from the total tract area for the
purpose of calculating the required open space.
(2)This open space may include land donated to the City or other
conservation organization under §350-6.3 (Reduction of
dimensional and density requirements),Subsection C,of this
chapter and credited to the property being developed,
provided that:
(a)The public has a right to enter the property for passive
recreation; and
(b)The land was not credited to any other open space
residential development nor to any other development or
permit.
§350-10.5 §350-10.5
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H.The Planning Board shall allow land with slopes of up to 20%to
qualify as open space if:
(1)A minimum of 0.1 acre per dwelling unit (based on maximum
allowable dwelling units)of active recreational facilities (such
as playing fields,playgrounds,tot-lots,walking trails,and
picnic areas) are provided; and
(2)Said recreational facilities must,in the opinion of the
Planning Board after consulting the Recreation Commission
or the Conservation Commission (as appropriate),serve an
important and unmet recreational need for the proposed
project and for the area of the City in which they are located;
and
(3)Said facilities must be built to a minimum of commonly
accepted design standards and must be built in a manner to
minimize future maintenance costs; and
(4)A right-of-way or fee title for at least 50%of said recreational
facilities and for at least 50%of the open space must be
offered to and accepted by the City or a nonprofit
conservation land trust for park/conservation purposes.The
Planning Board may require that only a right-of-way be
transferred and that the developer or homeowners'
association retain the responsibility to maintain the facilities.
I.The Planning Board shall allow up to 25%of the open space
requirements to be met off site but within 1/2 mile of the cluster
site or up to 40%of the open space requirements to be met off
site but within 1/4 mile of the cluster site if:
(1)The off-site open space is,in the opinion of the Planning
Board,easily and safely accessible from the cluster site by
foot and without crossing any collector or major streets
(except by tunnel or bridge); and
(2)The Northampton Conservation Commission or Recreation
Commission (as appropriate)and the Planning Board finds
that the off-site open space provides valuable open space to
serve that part of the City; and
(3)A right-of-way or fee title is offered to and accepted by the
City or a nonprofit conservation land trust for the off-site open
space for park/conservation purposes; and
(4)For the purposes of figuring the open space required,the off-
site open space shall be considered to be part of the total
§350-10.5 §350-10.5
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tract,and each acre of off-site open space shall be equivalent
of 0.75 acres of on-site open space.
J.A functional relationship shall exist between the common open
space areas and the proposed residential clusters.Such common
open space shall be restricted to open space,agricultural uses,
recreational uses such as tot-lot,park,playground,playfield,golf
course,or conservation area.Such common open space shall
have suitable access to and from the development's street(s),and
shall conform to the requirements of Chapter 290,Subdivision of
Land, in effect at the time of application.
K.Such common open space as required by this section shall be
placed under a conservation restriction in accordance with the
provisions of MGL c.184,§§31-33,as amended.Such common
land shall be either deeded to the City at no cost (but only with
the consent of both the Planning Board and the City Council and
the Conservation Commission or Recreation Commission,as
appropriate)or shall be conveyed to a private nonprofit
corporation,the principal purpose of which is conservation or
preservation of open space or to an organization or legal entity
established for the purpose of owning and maintaining such
common land.Such organization shall be created by covenants
running with the land,and such covenants shall be included with
the submitted development plan and shall be subject to approval
by the City Solicitor.Said covenants must be rerecorded every 30
years.
(1)Such corporation or organization shall not be dissolved,nor
shall it dispose of any common open space by sale or
otherwise (except to an organization conceived and organized
to own and maintain the common open space)without first
offering to dedicate the same to the City.
(2)Covenants creating such organization shall provide that in
the event the organization established to own and maintain
common open space,or any successor organization,shall at
any time after establishment of the development fail to
maintain the common open space in reasonable order and
condition in accordance with the development plan,the
Planning Board may serve notice in writing upon such
organization or upon the residents of the development setting
forth the manner in which the organization has failed to
maintain the common open space in reasonable condition,
shall contain a demand that such deficiencies of maintenance
be cured within 30 days thereof,and shall state the date and
§350-10.5 §350-10.5
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place of a public hearing thereon which shall be held within
20 days of the notice.If the deficiencies set forth in the
original notice or in the modifications thereof shall not be
cured within said 30 days or any extension thereof,the
Planning Board,in order to preserve the taxable values of
the properties within the development and to prevent the
common open space from becoming a public nuisance,may
enter upon said common open space and maintain the same
until the organization theretofore responsible for the
maintenance of the common open space demonstrates,to the
Planning Board's approval,that they can adequately maintain
the common open space.
(3)The covenants creating such organization shall further
provide that the cost of such maintenance,including all
administrative costs,by the City shall be assessed against the
properties within the development that have a right of
enjoyment of the common open space,and shall become a
charge of said properties,and such charge shall be paid by
the owners of said properties within 30 days after receipt of a
statement therefor.
(4)The covenants shall provide that each dwelling unit shall have
an equal say in determining the affairs of the organization;
that costs shall be assessed equally to each dwelling unit;and
that the organization shall be retained in the control of the
developer no longer than until a majority of dwelling units are
conveyed to permanent owners.Where appropriate,more
than one separate and distinct organization may be created.
Separate organizations may not be created,however,where
one might be too small (in terms of the number of lots
included)to operate efficiently,or where one has a
responsibility for too large or costly (to maintain)a parcel of
open space in proportion to that under the responsibility of
other organizations within the same development.
L.Zero lot line (ZLL)developments are permitted within open space
residential development,in accordance with the Table of
Dimensional and Density Regulations and §350-10.14,Zero lot
line developments.
M.A portion of a new project may be developed as an open space
residential development,provided that portion of the project
meets the requirements set forth in this section.
§350-10.5 §350-10.5
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