Creative Development Model Bylaw2_PVPCMODEL CREATIVE DEVELOPMENT BYLAW
Prepared by Pioneer Valley Planning Commission 01/10/06
1.0 Creative Development Allowed
Creative Development in accordance with this bylaw shall be allowed by Special Permit in any Residential zoning district, except not in the Floodplain District. Any person creating
two or more lots available for residential use, whether or not by subdivision may apply for a special permit under this section. Creative Development shall be encouraged within the
town, and shall be the preferred method of development wherever the following purposes would be served.
1.1 Purpose
The purpose of this bylaw is to encourage creative and innovative development patterns which promote the following:
A. Preservation or enhancement of rural town character, including scenic roads and town centers;
B. Provision for alternative to strip residential development lining roadsides in the town, and encouragement of development out of view from the road;
C. Protection of natural resources, historic or archeological structures or sites, or scenic views;
D. Protection of open space for use as farmland, woodlot or forestry, recreation, or wildlife habitat;
E. Provision of affordable housing, or housing for the elderly, handicapped, or others with special needs.
1.2 Criteria for Evaluation
No special permit for Creative Development shall be issued unless the application therefore complies substantially with the following criteria:
A. All dwellings shall, to the greatest extent possible, be located out of view from any road unless valuable natural resources or farmland located to the rear of the property render
building in view of the road more desirable.
B. The Creative Development shall create permanent open space. All land within the Creative Development not in use for building lots shall be placed in permanent open space.
C. The portion of a parcel placed in open space shall, to the greatest extent possible, be that which is most valuable or productive as a natural resource, wildlife habitat, farmland,
or forestry land.
D. The Creative Development shall result in the creation of less curb cuts or vehicular access points to a public way than would reasonably be expected to occur under Standard ANR or
Subdivision Development.
E. The Creative Development shall result in no net increase in density of dwellings on the parcel over the density which could reasonably be expected to occur on the parcel under Standard
ANR or Subdivision Development.
1.3 Terms of Special Permit
Any Special Permit for Creative Development shall state clearly the terms by which the development shall meet the above-listed criteria. The Special Permit granted shall state the acreage
and location of open space provided under Section 1.22; shall identify the natural resources or farmland to be protected under Section 1.23 and any specific measures to be taken for
their protection; shall specify the number and location of dwellings under Section 1.21 and curb cuts under Section 1.24; and shall state the number of units, if any, to be constructed
under Section 1.26, including their location and the method by which their creation shall be assured, such as by covenant or easement.
1.4 Definitions
Creative Development: shall mean a form of residential development allowed in all districts by special permit, whereby the options of common driveways and flexible area and frontage
requirements are utilized to create permanent open space and avoid standard ANR and subdivision development.
Common Driveway: shall mean a vehicular access from a road to more than one but no more than six residential units, built in accordance with the common driveway standards stated below,
where allowed by special permit.
Affordable Housing Units: are those dwelling units which may be purchased by individuals or families with incomes between 80% and 120% of the median income for the Standard Metropolitan
Statistical Area, provided that expenditure for housing costs does not exceed 30% of the gross annual income of the purchaser.
Housing Costs: for affordable housing units shall mean the annual payments necessary based on current available mortgage interest rates, a 30-year mortgage term, and a 10% down payment.
Median Income: shall mean the median income figure established for the applicable Standard Metropolitan Statistical Area, as established by annually updated U.S. Department of Housing
and Urban Development median gross family income data.
1.5 Common Driveways
A. Common Driveways Allowed - Common Driveways shall be allowed by Special Permit in accordance with the provisions of this section. Where applicable, under the Subdivision Regulations,
common driveways may be allowed in place of a subdivision road.
B. Up to Six Lots Served - No more than six lots shall be served by a common driveway. The driveway shall lie entirely within the lots being served.
C. Driveway Not to be Used as Frontage - Frontage along the length of any common driveway shall in no way be used to satisfy frontage requirements as specified in the Zoning Bylaw; furthermore,
no common driveway shall be accepted as a public road; nor shall the town
under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common driveway, unless by contract duly entered into by the town and all
landowners served by the common driveway.
D. Driveway Right-of-Way - The landowners of all residences served by a common driveway shall be granted a Right-of-Way for the use of the common driveway. Such Right-of-Way shall be
recorded in the Hampshire County Registry of Deeds, together with a statement of covenants as follows:
(1) The common driveway shall at no time be used to satisfy frontage requirements under the zoning bylaw;
(2) The common driveway shall at no time become the responsibility or liability of the town;
(3) Each landowner served by the common driveway shall be liable and responsible in whole for the repair and maintenance of any portion of the common driveway to which they have the
exclusive Right-of-Way (such as a spur serving solely one parcel); and
(4) Each landowner served by the common driveway shall be jointly and severally responsible and liable for the repair and maintenance of all portions of the common driveway to which
more than one landowner holds a Right-of-Way.
E. Common Driveway Standards
(1) Alignment and Dimensions
a. The width of the right of way shall be 40 ft.
b. The minimum width of the common driveway surface shall be 18 ft.
c. The common drive shall have 3 ft. gravel shoulders on each side.
d. The slope or grade of a common drive shall in no place exceed 8% if unpaved; or 12% if paved.
e. The common drive shall intersect a public way at an angle of not less than 80 degrees.
f. The minimum curvature of a common driveway shall be sufficient for a fire engine to negotiate, generally no less than a radius of 50 ft.
g. There shall be a turnaround area at the resident end of the driveway such turnaround shall accommodate safe and convenient turning by fire trucks and other emergency vehicles.
h. The maximum length of a common driveway shall be 500 feet.
i. Other standards may be set based on site configurations, including requirements for drainage.
j. These standards may be waived when, in the opinion of the Planning Board, such
action is in the public interest and not inconsistent with the purpose and intent of the Zoning Bylaw.
(2) Construction
a. The common driveway shall be constructed of a minimum 15" gravel base with an oil and stone top layer of 1/2" consisting of three successive layers of 3/4" crushed traprock stone,
1/2" crushed traprock stone and 1/4" crushed traprock stone, with a crown sufficient for drainage.
b. Drainage shall be adequate to dispose of surface runoff. Culverts shall be installed if deemed necessary by the Planning Board.
c. These construction standards may be waived if, in the opinion of the Planning Board, such action is in the public interest and not inconsistent with the purpose and intent of the
Zoning Bylaw.
(3) Alignment and Dimensions
a. The common driveway, at its intersection with the street, must provide a leveling-off area with a slope no greater than 1% for the first 20 feet and a slope no greater than 5% for
the next 30 feet.
b. Minimum safe sight distance must be provided at the intersection of a common driveway with a street.
F. Street Numbers and Identification - Each common driveway shall be assigned one street number; each residence served by the common driveway shall be assigned a letter to use together
with the common driveway number for purposes of address and identification. All common driveways shall be clearly marked at the intersection of the driveway and the frontage road by
a sign stating the driveway number, house letters, and names of house residents, sufficiently readable from the road to serve the purpose of emergency identification. The fire chief
and/or highway department may make more specific requirements for driveway marking.
G. Home offices, home occupations, bed and breakfasts, and other home business uses may be permitted in any dwelling served by a common driveway where the dwelling containing such home
business has at least 200 foot frontage on an approved road, and is otherwise shown not to cause nuisance to adjoining landowners and other landowners sharing the common driveway.
H. There shall be a minimum of 400 feet between the entrances of any two common driveways onto any road.
I. Common driveway design shall to the greatest extent possible minimize adverse impact to wetlands, farmland, or other natural resources; allow reasonable, safe, and less environmentally
damaging access to lots characterized by slopes or ledges; and result in the preservation of rural character through reduction of number of access ways; and retention of existing vegetation
and topography.
1.6 Creative Development Using Flexible Area and Frontage Standards
A. Creative Developments shall utilize the flexible area and frontage provisions of this bylaw, in coordination with Section 1.5 regarding Common Driveways, for the purpose of minimizing
the destruction of natural resources while maximizing availability of open space, farmland, and rural character.
B. Flexible Frontage in Creative Developments
(1) The frontage of the parcel from which the lots of a creative development are created (whether or not by subdivision) shall equal or exceed one half the total frontage length otherwise
required for the sum of all lots created as shown in the Table of Creative Development Dimensional Requirements (Table 1). For example, to create a six-lot creative development in a
Residential Zone where there is a 175 foot frontage requirement, the parcel must have a minimum of 525 foot contiguous frontage along one road.
(2) Provided that all other requirements of this bylaw are met, there shall be no frontage required for individual lots within a Creative Development, with the exception described in
Section 1.6(B)(3) below.
(3) Any building lot which fronts on an existing public road shall have the frontage required in the Table of Dimensional Regulations. This provision shall not apply to protected open
space.
C. Flexible Area in Creative Developments
(1) Individual lot areas may be as small as the minimum lot sizes shown in Table 1, provided that the average size for all lots created, including any land reserved as open space, shall
be no smaller than the required average lot size, shown in Table 1.
(2) The total number of building lots which can be created from any parcel shall be determined by dividing the total parcel area by the required average lot size shown in Table 1.
(3) All land not used for building lots shall be placed in permanent open space in accordance with Section 1.9 of this bylaw, but not less than 25% of the total land area.
(4) Estate or Flag Lots shall not be permitted in a Creative Development.
D. Other Dimensional Requirements
All lots within a Creative Development shall meet the front, rear and side yard requirements specified in Table 1.
E. Site Design Standards
Each structure shall be integrated into the existing landscape on the property so as to minimize its visual impact through use of vegetative and structural screening, landscaping, grading,
and placement on or into the surface of the lot.
1.7 Creative Development Using Farmland Preservation Standards
Where a parcel for which a special permit under this bylaw is sought is presently used for agriculture, the preferred method of residential development shall be as follows:
A. All lots to be used for residential development shall be of the minimum area permitted under this bylaw as shown in Table 5. All land not used for residential building lots shall
be permanently preserved as open space in accordance with Section 1.9. At least one-half of the total parcel shall be so preserved.
B. The total parcel frontage required shall be determined in accordance with the flexible frontage standards described in Section 1.6(B) and Table 1.
C. All buildings, roads and driveways shall be located away from soils which are most suitable for agriculture (based on U.S. Soil Conservation Service classifications for prime farmland
soils and soils of state and local importance) to the maximum practical extent. This provision does not apply to the location of on-site septic disposal facilities which must be placed
in soils meeting the Massachusetts Environmental Code.
D. All roads, driveways, drainage systems and utilities shall be laid out in a manner so as to have the least possible impact on agricultural lands and uses.
E. All buildings, homes, and structures shall be located a minimum of 100 feet from agricultural land and shall be separated from agricultural uses by a 75-foot wide buffer strip of
trees and fencing sufficient to minimize conflicts between farming operations and residences.
F. All Creative Developments under this section shall comply with the dimensional standards in Section 1.6(D) and site design standards in Section 1.6(E).
1.8 On-Site Sewage Disposal
The following standards shall apply to developments requiring on-site sewage disposal:
A. The applicant shall submit a septic system design prepared by a certified engineer and approved by the Board of Health and a plan illustrating the location of water supply wells with
the special permit application. Septic systems shall be placed in the development to maximize the distance between systems.
B. No Creative Development shall be approved unless the applicant can demonstrate to the satisfaction of the Planning Board that the potential for groundwater pollution is no greater
from the proposed creative development than would be expected from a conventional subdivision with single-family houses on lots meeting the normal size requirements located on the same
parcel.
1.9 Protection of Open Land
The following standards shall apply to open land to be protected as part of a Creative Development:
A. All remaining open land shall be permanently protected by one of the following methods:
(1) A permanent conservation easement or deed restriction conveyed to the town with town approval or to a non-profit trust or conservation organization whose principal purpose is to
conserve farmland or open space. At a minimum, such an easement or restriction shall entail the use of management practices that ensure existing fields or pastures, if any, will be
plowed or mowed at least once every year.
(2) Ownership in fee simple conveyed to the Town with Town approval or to a non-profit farm trust, open space or conservation organization as a gift or for consideration.
(3) If the protected open space is farmland, farmland owners are not required to sell the part of their property which is to become permanent agricultural open space, provided that they
do convey the development rights of that open space in a conservation easement prohibiting future development of this property to Town with Town approval or to a non-profit trust or
conservation restriction.
B. A non-profit, homeowner’s association shall be established, requiring membership of each lot owner in the Creative Development. The association shall be responsible for the permanent
maintenance of all community water and wastewater systems, common open space, recreational and thoroughfare facilities. A homeowner’s association agreement or covenant shall be submitted
with the special permit application guaranteeing continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement
shall be subject to the review and approval of Town Counsel and the Planning Board.
C. Creative Development With Affordable Housing
(1) A Creative Development with Affordable Housing shall be defined as any creative development which includes 25% or more of its units for low and/or moderate income people and which
is subsidized by federal, state or local programs, or proposed by the Housing Authority, or by a non-profit or limited dividend partnership, or any development which includes non-subsidized
housing units priced to be affordable to people whose income is equal to or less than 120% of the median income for the Standard Metropolitan Statistical Area and which provides that
the mix of affordable and market rate housing built in any one year is equivalent to the overall mix for the entire development, and which further provides that resale restrictions are
established by the developer which ensure that the affordable units remain affordable for a period of forty years.
(2) For a Creative Development with Affordable Housing, the Special Permit Granting Authority may reduce the requirement in Table 1 for the protection of permanent open space to 10%
of the total parcel, and may reduce the total parcel frontage required to 75% of the frontage requirements in Table 1.
(3) The provisions of Section 1.2(E) shall remain in effect for Creative Developments with Affordable Housing.
TABLE 1 - TABLE OF CREATIVE DEVELOPMENT DIMENSIONAL REQUIREMENTS
DEVELOPMENT TYPE
LOT SIZE**
REQUIRED OPEN SPACE
TOTAL PARCEL FRONTAGE REQUIRED
FRONT YARD
SIDE YARD
Standard Subdivision or ANR Development
60,000 in R-R District
None
175 ft per lot in R-R District
50 ft. in R-R District
30 ft. in R-R District
40,000 in R-N District
None
140 ft per lot in R-N District
35 ft in R-N District
20 ft. in R-N District
30,000 in R-V District
None
130 ft per lot in R-V District
30 ft in R-V District
15 ft in R-V District
Creative Development -Using Flexible Area
30,000 sq. ft. minimum* and 60,000 sq. ft. average in R-R District
All land not used for building lots; minimum25% of the parcel
87.5 ft. per lot in R-R District
25 ft. from a common driveway, 150 ft. from a public way
30 ft. in R-R
30,000 sq. ft. minimum and 40,000 sq. ft. average in R-N District. *
All land not used for building lots; minimum 25% of the parcel
70 ft. per lot in R-N District
25 ft. from a common driveway150 ft. from a public way
20 ft in R-N
Creative Development - Using Farmland Preservation Standards
30,000 sq. ft. in R-R District.
Minimum 50% of the parcel
87.5 ft. per lot in R-R District
25 ft. from a common driveway150 ft. from a public way
30 ft. in R-R
30,000 sq. ft. in R-N District.
Minimum 50% of the parcel
70 ft. per lot in R-N District
25 ft. from a common driveway150 ft. from a public way
20 ft. in R-N
30,000 sq. ft in R-V District
Minimum 50% of the parcel
65 ft. per lot in R-V District
25 ft. from a common driveway, 150 ft. from a public way
15 ft. in R-V
* provided that average lot size requirements for creative development are met after wetlands and slopes greater than 15% have been excluded, provided that open space requirements
are met.
** per dwelling unit