HomeMy WebLinkAboutArticle 38-APRIL 12, 2004 AMENDMENT-PAUL Article 38. Amend Zoning Bylaw— Section 4.2 Phased Development. To see if
the town will vote to amend the Zoning Bylaw of the Town of North Andover by deleting
Section 4.2 Phased Development in its entirety and replacing it with the following:
4.2 Phased Development By-law
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in
a strategic, orderly and planned manner that allows for the preparation and
maintenance of high quality municipal services for an ever-expanding residential
population, while at the same time allowing reasonable residential development
during such preparation that does not infringe on the quality of life or municipal
services provided for the residents of the Town of North Andover, in order to provide
for high quality and reliable municipal services such as, but not limited to, fire and
police protection, educational facilities and programs and available clean water
resources. This section establishes a strategic development rate consistent with recent
historical average development rates for residential development in order to ensure
that development occurs in an orderly and planned manner as it relates to the Town's
ability to provide high quality and effective services for its citizens and protect its
resources necessary for sustaining the present and future quality of life enjoyed by its
citizens.
2. Definitions.
For the purposes of this Bylaw, the following terms shall have the following meaning:
(a) "Anniversary date" for each subdivision, special permit, or contiguous Form A
lots under this provision shall be no earlier than the date on which all required
approvals required for a building permit have been obtained.( including but not
limited to Planning Board endorsement of Definitive plan, Board of Health
approval, and Conservation Commission approval.) DELETE ITEMS IN
BOLD
(b) "Developer" any individual who either as an individual, a beneficial owner of a
real estate trust, a partner in a partnership, or an officer or owner of a corporation,
requests one or more building permits for the construction of new dwelling units.
(c) "Development" shall mean a single parcel or set of contiguous parcels of land
held in SUBSTANTIAL common ownership, regardless of form, at any time on
or after the date of adoption of this bylaw, for which one or more building permits
are sought.
(d) "Phased Development Schedule" shall mean a schedule authorized by the
Planning Board or its authorized designee in accordance with this Section, which
outlines the maximum building permit issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new
residential dwelling unit or units shall be issued unless in accordance with the
regulations of this section, or unless specifically exempted in Section 6 below, or
by the provision of MGL, s. 40A, c. 6.
(b) The regulations of this section shall apply to all definitive subdivision plans,
subdivisions not requiring approval, contiguous Form A lots held in common or
related ownership on the effective date of this by-law, site plan review
applications, and special permits, which would result in the creation of a new
dwelling unit or units. Dwelling units shall be considered as part of a single
development for purposes of development scheduling if located either on a single
parcel or contiguous parcels of land that have been in the same ownership at any
time on or subsequent to the date of adoption of this section.
(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning
Board is authorized to approve a Phased Development Schedule for that lot/unit in
accordance with Section 4a.
(d) The request for authorization of a Phased Development Schedule shall be made
on forms provided by the Planning Board. Requests will include any and all
information necessary to demonstrate eligibility and compliance with these
regulations.
(e) No building permits for new dwelling units shall be issued until the Phased
Development Schedule has been recorded in the Essex County Registry of Deeds
and a certified copy of the Phased Development Schedule has been filed with both
the Planning and Building Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the
Phased Development Schedule and state the earliest date on which construction
may be commenced in accordance with the provision of this bylaw.
(g) If a proposed subdivision includes any lots that are within 500 feet of lots in
another subdivision held in common or affiliated ownership, then both
subdivisions shall be construed to be a single subdivision for the purposes of this
Bylaw.
(h) Lot lines for Form A lots shall be defined when the Form A lots have been
approved by the Planning Board or an authorized agent. Subsequent changes in
the shape or ownership of lots shall not render the provisions of this Bylaw void.
(i) Building permits shall be issued in accordance with the Phased Development
Schedule. However, the Planning Board may, without a public hearing and upon
written request from the applicant, permit up to twice the allowed annual
maximum permitted for that project under the provisions of this Bylaw, provided
that building permits issued in succeeding years shall be limited to less than the
permitted maximum, if necessary, to insure that the overall number of allowed
permits is not exceeded.
(j) The Planning Board, in conjunction with the Building Inspector, shall be
responsible for administering this section of the Bylaw. Accordingly, the
Planning Board shall adopt and publish reasonable regulations for carrying out its
duties under this section. In particular, these regulations shall address the
conditions and processes for authorizing building permits on an annual basis.
4. Phased Development Schedule
(a) Building permits for new dwelling units shall be authorized (only)- delete RN in
accordance with the following Phased Development Schedule:
Maximum Units for
Number of Units in Minimum Years which Building
Records
Subdivision Development for Development May be Issued Per
Year
1-6 1 All
7-20 2 50% of total
21-34 3 33% of total
35-50 4 25% of total
51-75 5 20% of total
76-125 6 16.7% of total
126+ 7 14.3% of total
No Phased Development Schedule shall exceed seven years.
(b) The number of lots eligible for building permits in the first year of the
development shall be prorated from the anniversary date to December 31.
Fractions of.5 or greater shall be rounded up to the nearest number and fractions
less than .5 shall be rounded down.
(c) If as a result of an applicant seeking approval of a second plan of development on
a parcel of land for which authorizations have been previously granted, a second
plan is approved, a new Phased Development Schedule shall be established. The
second schedule shall supersede the first Phased Development Schedule at the
time a building permit is issued based on the second plan for any lot lying wholly
or partially within the parcel subject to the new development schedule.
(d) The Planning Board, in approving the second plan, shall determine the number of
authorizations from the first plan that would be abated based on the second plan's
approval. This number shall be used by the Building Inspector in revising the
authorization schedules due to abatements.
5. Requirements.
(a) All definitive subdivisions, Form A approvals, special permits, and site plan
review applications shall include a proposed Phased Development Schedule by
the applicant.
(b) Phased Development Schedules.
i. Phased Development Schedules shall be determined by the Planning Board at
the time of approval of any such application. Such schedules shall be
included as a condition of approval of the application.
ii. The Building Inspector shall be authorized to issue revised Phased
Development Schedules based solely on approvals granted by the Planning
Board.
iii. All Phased Development Schedules with approved authorization shall be
recorded with the application approval decision with the Town Clerk. No
building permits shall be issued pursuant to the schedule until the applicant
records the approval decision with the Phased Development Schedule at the
Registry of Deeds.
6. Exemptions.
The following developments are specifically exempt from the provisions of this
bylaw.
a) An application for a building permit for the enlargement, restoration, or
reconstruction of a dwelling in existence as of the effective date of this by-law,
provided that no additional residential unit is created.
b) Definitive subdivision approvals, special permits, Form A lots and site plan
approvals, and development schedules made and approved prior to the date of
adoption of this by-law shall be exempt from the provisions of this by-law. The
Planning Board shall have SOLE AND exclusive authority to render all decisions
on exemption requests.
c) Dwelling units for low and/or moderate income families or individuals, where all
of the following conditions are met:
i. Occupancy of the units is restricted to households qualifying under Local
Initiative Programs and the New England Fund as administered by the
Massachusetts Department of Housing and Community Development.
ii. The affordable units are subject to a properly executed and recorded IN
PERPETUITY deed restriction running with the land that shall limit the
succeeding resale price to an increase of 10 percent, plus any increase in the
consumer price index, plus the cost of any improvements certified by the
Building Inspector.
d) Dwelling units for senior residents, where occupancy of the units is restricted to
senior persons through a properly executed and recorded IN PERPETUITY deed
restriction running with the land. For purposes of this Section "senior" shall mean
persons over the age of 55.
e) Development projects which voluntarily agree to a minimum 40% permanent
reduction in density, (buildable lots), below the density, (building lots), permitted
under zoning and feasible given the environmental conditions of the tract, AND
AS DETERMINED AND APPROVED BY THE NORTH ANDOVER
PLANNING BOARD with the surplus land equal to at least ten buildable acres
and permanently designated as open space and/or farmland. The land to be
preserved shall be protected from development by an Agricultural Preservation
Restriction, Conservation Restriction, and dedication to the Town, or other similar
mechanism approved by the Planning Board that will ensure its protection.
f) Any tract of land existing and not held by a Developer in common ownership with
an adjacent parcel on the effective date of this Section shall receive a one-time
exemption from the Development Scheduling provisions for the purpose of
constructing one single family dwelling unit on the parcel.
7. Zoning Change Protection
Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be
extended to the earliest date on which the final unit in the development could be
authorized under this bylaw.
8. Severability
The provisions of this by-law are hereby declared severable and if any provision shall
be held invalid or unconstitutional, it shall not be construed to affect the validity or
constitutionality of any of the remaining.
9. Expiration
The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of
Town Meeting, before said date, the provisions of this Section 4.2 may be extended
from an additional four (4) years in order to continue municipal comprehensive
planning studies necessary to promote orderly growth. In the event said action is
taken by Town Meeting prior to July 1, 2009, these provisions shall be construed to
have lapsed on such date; or to take any other action relative thereto.
Petition of the Planning Board