HomeMy WebLinkAboutPhased Development Final 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.
(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 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.
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(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 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.
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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 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 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 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, 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.
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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.
Phased Development By-laws.doc