§ 145-51. Development method; where permitted.
A. Open space community developments are allowed by right as a type of subdivision in certain zones. To ensure development that is compatible with the purposes and intent of this chapter, this development method must conform to the standards and comply with all appropriate criteria described in this article.
B. This development method applies only to residential development and shall be allowed as of right, but only in the Agricultural-A, Agricultural-B, and Village Residential zones.
C. The development allowed under this article shall conform to Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown.
§ 145-52. Purpose.
A. The objectives of the open space community development (OSCD) are:
(1) To set aside and preserve large tracts of land as open space as specified in this section and §§145-55 and 145-56 of this article.
(2) To allow the relatively intensive use of land in an alternative pattern of development while maintaining existing character and by which the benefits and objectives described in Subsection B are likely to be attained.
(3) To provide a variety of housing opportunities for Belchertown residents of all income levels and social groups; specifically, to provide opportunities for smaller households, older residents, and first-time owners.
(4) To provide for such housing in ways that are most fiscally beneficial to the town’s municipal operations.
B. Advantages of cluster subdivisions:
(1) Provision of a diversity of housing stock in Belchertown.
(2) Economical and efficient street, utility and public facility installation, construction, and maintenance through creative design.
(3) Development that will permit the town to continue to provide the quality of municipal service without imposing an increased burden on the citizens of Belchertown.
(4) Efficient use of land in harmony with its natural features.
(5) Preservation of water bodies and supplies, wetlands, woodlands, agricultural lands, wildlife habitat, sites and structures of historical importance, and areas of scenic beauty.
(6) Preservation of open spaces for active and passive recreational use, including the provision of neighborhood parks and playgrounds.
(7) Preservation of productive farmland and woodland.
(8) Preservation of open space areas for agricultural, forest management, and active and passive recreational use.
§ 145-53. Definitions.
Refer to § 145-2 of this chapter; also:
OPEN SPACE—Property within a subdivision designated to be deeded by the developer to the town or other approved organization, or to be maintained by the developer or owner in an undeveloped state in a manner approved by the Planning Board. Such open space is to be used for passive or active recreation, agriculture, forestry, wildlife habitat, natural or scenic vistas, unique natural or cultural features, or greenways. Such open space shall be retained in substantially a natural, wild or open condition, or in a landscaped condition in such a manner as to allow to a significant extent the preservation of wildlife or other natural resources. Open space shall not include areas designated for sediment control, erosion control, or storm water control; such areas are considered part of the subdivision structure, and are not intended for recreation, agriculture, or forestry. Open space also shall not include wetland resource areas as those are also not intended for recreation, agriculture, or forestry.
CHAPTER 270 SUBDIVISION OF LAND – The rules and regulations adopted by the Planning Board under M.G.L. c.41, §81Q as of May 20, 2001.
§ 145-54. Cluster development.
A. Permitted uses and standards.
(1) A detached single-unit dwelling, an attached single-unit dwelling, or a detached double-unit dwelling, any with an accessory building, may be constructed on certain lots in a cluster development although such lots have less area, frontage and front, rear and side yard dimensions than required for standard single- and double-unit lots.
(2) The open space community development dimensional standards as specified in §145-55 of this chapter shall be met.
(3) The Planning Board may allow no more than 20% of the total number of principal structures to be double-unit dwellings. These units shall be designated on the plan and in restrictions in the deeds of each separate property.
(4) 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 §145-55 of this chapter.
(5) A cluster development shall be permitted only on a tract of land which has access to and will be connected to a public sewer, or where the percolation rates for the areas in which the on-site subsurface sewage disposal systems are to be located meet Commonwealth and Belchertown Board of Health requirements.
(6) In determining the allowed number of lots, fractions over 1/2 may be increased to the nearest whole unit, and fractions under 1/2 may be decreased to the nearest whole unit.
B. Density. The maximum allowed density for a cluster subdivision shall be determined by its access to public sewers.
(1) For any tract with access to public sewers, the density for a cluster development shall not exceed that allowed in the Village Residential District.
(2) For any tract of land on which residential development is permitted that does not have access to public sewers, the density for a cluster development shall not exceed that allowed by this chapter in the Agricultural-B District without public sewers, unless the Belchertown Board of Health permits shared private sewerage systems or another arrangement that will allow for smaller individual lots.
§ 145-55. Dimensional standards.
See the Table of Open Space Community Development Dimensional Standards.
§ 145-56. Open space land.
A. All open space land as required shall either:
(1) Be conveyed to the Town of Belchertown and be accepted by it for open space;
(2) Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space and related activities; or
(3) Be conveyed to an organization owned or controlled, or to be owned or controlled, by the owners of lots or residential units within the development. If such a corporation or trust is designated, as indicated herein, ownership shall pass with conveyance of the lots or residential units.
B. Under the second or third ownership alternatives listed above, a restriction enforceable by the Town of Belchertown shall be recorded providing that such land shall be kept in an open or natural state, including recreational, agricultural, or forestry uses, and not be built upon for residential uses or developed for accessory uses, such as parking or roadway.
C. The location, size, and shape of open space shall be subject to the approval of the Planning Board.
D. Notwithstanding §145-55 of this chapter (Dimensional Standards), the Planning Board may permit the following to occur within the designated open space land:
(1) Subject to approval of the Board of Health, as otherwise required by law, the Planning Board may permit the open space land to be used for subsurface waste disposal where the Planning Board finds that such use will not be detrimental to the character, quality or use of the open space land, such use to be recorded in the deeds of the lots affected.
(2) Up to 10% of the open space may be set apart and designated as such to allow for the construction of structures and facilities accessory thereto designed for agricultural, forestry, or recreational purposes.
§ 145-57. Administration.
A. Relation to Subdivision Control Law. To facilitate timely processing, promote better communication, and avoid misunderstanding, applicants are encouraged to submit a preliminary subdivision plan. This plan should include alternative OSCD designs and must include how a non-OSCD, or conventional, subdivision design would appear.
B. Submission requirements.
(1) Each OSCD application and plan shall be prepared in accordance with the requirements for described in the Chapter 270, Subdivision of Land, of the Code of the Town of Belchertown.
(2) Each OSCD application and plan shall provide the following additional information:
(a) The location and acreage of areas to be devoted to specific uses.
(b) The proposed location of parks, open spaces, and other public and community use.
(c) Developments on municipal sewer systems: written approval certifying tie-in to municipal sewage from the Belchertown Department of Public Works.
(d) On-site septic development: a sanitary sewage feasibility report certified by a registered professional civil engineer licensed in Massachusetts. The purpose of the report is to evaluate the feasibility of the ground for subsurface disposal of septic tank effluents, based on soil characteristics and test borings, water table, natural drainage patterns and other observations by the engineer.
[1] The report shall take into consideration the following factors: location of deep holes, to be shown on an appropriate map; topographic and ground level conditions; natural drainage patterns; flood heights of nearby waterways; underlying soil characteristics, absorption qualities, maximum groundwater elevations and distances to bedrock; and locations and dimensions of abutting off-site sewage disposal systems if within 100 feet of property lines to be shown on an appropriate map.
[2] The report shall contain a statement by the civil engineer of why the septic system design and location is the most suitable of considered alternatives for on-site sanitary sewage disposal systems as indicated in Title V, the State Environmental Code. The Belchertown Board of Health has final jurisdiction over all on-site septic systems.
(e) The organization the applicant proposes to own and maintain the open space land.
(f) Draft copies of all proposed covenants, agreements, and other restrictions that the applicant proposes.
(g) Proposed gross density of entire development tract, amount of open space required, and amount of open space retained.
(h) A plan shall also be provided showing the number of potential lots that could be created and built upon for residential purposes via a conventional residential subdivision.
(i) Any and all other information from the definitive subdivision regulations of the Town of Belchertown that the Planning Board may require to assist in determining whether the proposed OSCD meets the objectives and standards as set forth in this article.
C. Review and approval process.
After notice and public hearing in accordance with MGL c. 41, §81T, as amended, the Planning Board may, after due consideration of the reports and recommendations of the Conservation Commission, Board of Health and Town Engineer, and other reviewing offices, may grant OSCD subdivision approval provided that the conditions and standards of this article have been adequately met.
D. Fees.
(1) The fees are the same as any other subdivision.
(2) The applicant shall pay for town engineering review, legal review, and the public hearing advertisement.
§ 145-58. Amendments; recording of plan; covenant.
Prior to the development or sale of any lot within an OSCD, a covenant or other instrument satisfactory to the Planning Board shall have been executed assuring the open space land or the recreational use of lands so designated in the application.
§ 145-59. Severability.
A determination that any specific portion of this Article XI is invalid shall not render any other part thereof invalid.