FINAL DRAFT 10/23/06 ARTICLE VI 185-41.1. Planned Residential Development A. Purpose and Intent. The purposes of the Planned Residential Development (PRD) bylaw are to maintain the rural character of Dover, protect open space, agricultural and forestry land, viewsheds, wildlife habitat and corridors, wetlands and water resources, and historical and archeological resources, in a manner consistent with the goals of the Dover Master Plan; to encourage creative, environmentally sensitive design as the preferred form of residential development; to encourage more efficient development that consumes less open land and respects existing topography and natural features better than a conventional or grid subdivision; and to provide a variety of housing choices. B. Applicability. (1) In the R-1 or R-2 District, a Special Permit for Planned Residential Development is required from the Planning Board for any development of a parcel of land, or contiguous parcels of land under common ownership or control as of the effective date of this section, resulting in six (6) or more residential lots or six (6) or more dwelling units. For purposes of this section, a division of land into residential lots shall include any subdivision under the Subdivision Control Law, G.L. c.41, 81K-81GG, or lots created after the effective date of this section through the socalled Approval Not Required process. Developments shall not be segmented to avoid compliance with this section. Divisions of contiguous land within any rolling forty eight month period that would cumulatively result in an increase by six or more residential lots above the number existing at the beginning of that period shall be subject to the requirements established herein. (2) The provisions of this section shall not apply to the construction of six (6) or more dwelling units on individual lots if the lots were shown on a plan recorded prior to the effective date of this section, or to the conversion of an existing structure into six or more dwelling units. C. Relationship to Subdivision Control. A subdivision plan is not required for a PRD, but an applicant who proposes a PRD subdivision shall submit the PRD application to the Planning Board in accordance with the Planning Board s Subdivision Rules and Regulations. D. Permitted Uses. A PRD may only include the following uses: (1) Single-family detached dwellings. (2) Townhouse or multi-family dwellings. -1-
(3) Open space, conservation areas, or passive recreation, including trails for walking, hiking, cross country skiing, horseback riding, picnicking and wildlife observation. (4) Agricultural, horticultural, forestry and equestrian uses. (5) Accessory recreational uses for residents of the PRD, such as a tennis court or playground. (6) Active recreation uses, such as a park, playground or playing fields, but not a golf course. E. Dimensional Regulations. (1) The maximum number of dwelling units in a PRD shall be determined by the Planning Board in accordance with Subsection H below. (2) The Planning Board may reduce the minimum dimensional requirements otherwise applicable to lots in the R-1 or R-2 District in order to maximize the open space area or facilitate a desired arrangement of buildings and other amenities in a PRD, and may permit more than one dwelling on a lot in a PRD, except as follows: (a) Townhouses or multi-family units shall not exceed eight (8) units in a single building. (b) Lots having reduced area or frontage shall not have frontage on a street other than a street created by the PRD unless the Planning Board makes a written determination that such reduced lot(s) will further the goals of this section. (c) The minimum width of existing and proposed open space between dwelling units in the PRD and the abutting property boundary shall be one hundred (100) feet. (d) No building shall exceed the maximum height regulations in 185-17. (3) Unless reduced by the Planning Board as provided above, all other dimensional requirements of the applicable zoning district shall apply. F. Pre-Submission Meeting. Applicants are encouraged to meet with the Planning Board prior to submitting a Special Permit application. If the applicant requests a presubmission meeting, the Planning Board shall invite the Conservation Commission and Board of Health. The purposes of a pre-application review are to solicit guidance from the Planning Board at the earliest possible stage in the development in order, in part, to minimize the applicant s costs for engineering and other technical experts. At the pre-application review, the applicant should outline the proposed PRD, seek preliminary feedback from the Planning Board and/or its consultants, and set a timetable for submittal of a formal application. As provided in 185-52 and 248-25, -2-
the Planning Board may utilize consultants to assist with any such review and any subsequent review hereunder. G. Design Process. At the time of the application for a Special Permit under Subsection H below, applicants must demonstrate to the Planning Board that the following design process was carried out by a certified Landscape Architect and used to establish the layout of proposed streets, house lots, utilities and open space. (1) The first step in the design process requires identification of conservation areas on the site, including wetlands, riverfront areas, and floodplains regulated by federal, state or local law; natural landscape features such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and wildlife corridors or connections thereto; cultural features such as historic and archeological sites and scenic views; and recreational features such as established trails used for horseback riding, walking and cross-country skiing. To the maximum extent feasible, conservation areas shall include areas identified as such by the Planning Board and other town boards during the pre-submission conference. (2) The second step in the design process is to define and delineate the area(s) that will contain buildings, roadways, other site improvements and amenities for residents of the development. To the maximum extent feasible, any proposed area of disturbance shall consist of land outside the conservation areas identified under (1) above. The location of dwelling units should account for proximity to common open space and other amenities, including community buildings for use by residents of the development. Toward this end, the number of dwelling units with direct access to the amenities of the development should be maximized. (3) The third step in the design process is to identify and delineate the approximate location of roads and trails. Roads should be aligned to access the dwelling units with minimal disturbance to the conservation areas. The layout of new trails should anticipate internal and external connections to existing and/or potential future roads, trails and sidewalks. (4) The final step in the design process is to identify the approximate location of lot lines, where applicable. H. Procedures. (1) General. The Special Permit application, review and decision procedures shall be in accordance with this section and 185-52, Special Permits, and MGL c.40a, Section 9. Where a development requires a Special Permit under this section and any other section in which the Planning Board has been designated to serve as Special Permit Granting Authority, the Special Permit applications may be combined into a single submission and the Planning Board may grant a single Special Permit that addresses all applicable requirements. -3-
(2) Application Requirements. The Special Permit application shall include a Concept Plan comprised of two components: a PRD Sketch Plan and a Yield Plan in accordance with the requirements herein. The size, form, number and contents of the required plans and any supplemental information shall be in accordance with Planning Board PRD regulations. (5)Sources of Data. The Concept Plan may be prepared from deed information, USGS topographical maps, FEMA floodplain maps, assessor s maps, orthophotographs, soil maps or soil conservation surveys, Department of Environmental Protection (DEP) Wetlands Conservancy Program maps or other wetland maps as may be on file with the Dover Conservation Commission, federal, state or local maps of wildlife habitat and supporting natural landscapes, the Town of Dover Groundwater Protection District Maps, and other existing data. If the applicant has already prepared a wetlands delineation and obtained a determination from the Dover Conservation Commission under G.L. c.131 40 and the Dover Wetlands Protection Bylaw, Chapter 180 of the Code of the Town of Dover ( Dover Town Code ), the approved resource area delineation must be shown on the Concept Plan. While it is not necessary to verify all site constraints for purposes of preparing a Concept Plan, they should be represented accurately in order to avoid significant changes to the Concept Plan in subsequent applications for approval of a site plan or a subdivision plan. The applicant shall bear the risk of any such changes. (3) Required Information for PRD Sketch Plan. The Sketch Plan shall be a schematic representation of the proposed PRD, with sufficient detail about existing and proposed conditions to enable the Planning Board to understand the nature, scope and impacts of the project being proposed and to be able to respond to the applicant s proposals in an informed manner. The Sketch Plan shall include scaled drawings prepared by a Registered Landscape Architect or a multidisciplinary team led by a Registered Landscape Architect. The Sketch Plan shall result from the PRD Design Process outlined in Subsection G above and account for the minimum design standards of Subsection L(4). At minimum, the Sketch Plan shall provide the following information: (a) The location within the Town of the proposed development; (b) The size of the proposed site in acres; (c) An existing conditions inventory and description of conservation areas identified during the PRD Design Process; (d) The total number and approximate locations of the proposed buildings, dwelling units and/or lots, and the approximate size of each in square feet; (e) The acreage and proposed use(s) of permanent open space; -4-
(f) A statement on the proposed disposition or manner of ownership of the proposed open space; (g) The areas or approximate delineation of lots that will be used as building areas, and the areas or approximate delineation of lots that are to remain as permanent open space; (h) The approximate location of proposed roadways; (i) A general description of how drainage and wastewater will be handled, including a soils statement and the general area of the site to be used for stormwater management facilities; (j) A general description of the applicant s plans for site improvements required under Subsection L(3), including provisions to comply with the Town of Dover Groundwater Protection District regulations and mitigation of noise, odor or visual impacts arising from the operation of a package treatment plant, where applicable; and (k) Sufficient detail of the proposed area(s) of disturbance and built and natural features to enable the Planning Board to make the required determinations under Subsection K below. (4) Required Information for a Yield Plan. The Yield Plan shall be a schematic representation of the maximum number of lots or dwelling units that could be developed on the site under a conventional subdivision or approval not required plan. In no event shall the number of lots or dwelling units shown on the Yield Plan exceed Base Maximum Density as defined in Subsection I below. It is the applicant s burden to submit reasonable proof that the number of lots or dwelling units in the Yield Plan could meet the engineering and design specifications required for a conventional subdivision or approval not required plan. The total number of lots in the PRD shall be determined by the Planning Board, considering the applicant s Yield Plan and the Base Maximum Density calculation under Subsection I as guidelines. (5) Alternative Application Requirements. Nothing in this section shall prevent an applicant from submitting concurrent applications for a Special Permit and Definitive Plan approval. However, the applicant shall have the burden of proof to demonstrate that all of the above requirements have been met in the preparation of a Definitive Plan conforming to Subsection L below, including all design and engineering specifications. (6) Site Alterations. After a PRD Special Permit application has been submitted, no tree removal, no utility installation, no ditching, grading or construction of roads, no grading of land or lots, no excavation, except for purposes of soil testing, no dredging or filling and no construction of buildings or structures shall be done on any part of the tract of land proposed for a PRD until the application has been -5-
reviewed and approved or denied as provided by these regulations. Violation of this requirement shall constitute a basis for denying the application. I. Base Maximum Density; Determination of Development Capacity. Except as provided under Subsection M below, the maximum number of lots or dwelling units permitted in a PRD shall not exceed the number arrived at under the following formula. In the instance of a fraction, the fraction may be counted as an additional lot if the fraction is over one-half. Total Number Lots and Dwelling Units = Total Area of Site (in sq. ft.) (.5X Wetlands, in sq. ft.) 1 (All areas with steep slopes, in sq. ft. 2 ) (.1X Total sq. ft.) Applicable Minimum Lot Area for the R-1 or R-2 District (converted to square feet as applicable) J. Open Space Requirement. To qualify for a Special Permit, the PRD must provide at least 50% of the total area of the site (total acreage) as common open space that is functional for purposes intended by this section and to be protected in perpetuity. The common open space shall have no structures, parking, private yards, patios, or gardens restricted for the exclusive or principal use by residents of individual dwelling units. The following standards apply to the common open space in a PRD: (1) Use, Shape and Location (a) To the maximum extent feasible, the open space shall be undisturbed, unaltered and left in its natural or existing condition. It shall be appropriate in size, shape, dimension, location, and character to assure its use as a conservation area, or where appropriate, a recreational area. (b) The percentage of the open space that is wetlands normally shall not exceed the percentage of the site that is wetlands. However, the applicant may include a larger percentage of wetlands in such open space if the Planning Board determines that such inclusion promotes the purposes of this section. (c) To the maximum extent feasible, the common open space shall be contiguous and linked as a unit, and linked to other existing on-site and off-site open space. 1 Wetlands and other resource areas as defined in MGL c.131, 40 and the Dover Wetlands Bylaw, Chapter 180 of the Dover Town Code. 2 Steep slopes shall mean all areas with natural slopes exceeding 25% over a horizontal distance of 30 feet as measured perpendicular to the contour on the tract or parcel of land. -6-
(d) Common open space shall be functional for wildlife habitat, passive recreation, resource preservation, or forestry, agricultural or equestrian uses. (e) Each parcel of common open space shall offer adequate access to residents of the PRD. (f) Land used for common or shared septic systems shall not be counted toward the minimum common open space requirement unless authorized by the Planning Board, upon a showing by the applicant that waiving this requirement would further the purposes of this section. (g) Existing utility easements shall not be counted as common open space unless approved by the Planning Board. (h) Up to five percent (5%) of the open space may be covered by gravel roadways, pavement or structures accessory to the dedicated use or uses of the open space. Principal or accessory structures and access roads essential to recreational or agricultural uses are exempt from this limitation. (2) Ownership. Any proposed common open space within a PRD shall be (i) conveyed to the Town or the Dover Conservation Commission and accepted for park or open space use, or (ii) shall be conveyed to a non-profit organization the principal purpose of which is the conservation of open space, or shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plan, as provided by G.L. c. 40A, 9, and subject to a restriction enforceable by the Town or the Conservation Commission providing that such land shall be kept in perpetuity in an open or natural state. Any such restriction shall be approved, as to form, by the Planning Board and shall be recorded following execution. Wherever possible, previously existing trails shall be kept open for limited recreational use. (3) The common open space in a PRD shall not be further subdivided. A notation to this effect shall be placed on the plan of record, which shall be recorded at the Registry of Deeds. K. Decision. (1) The Planning Board may grant a Special Permit for a PRD with any conditions, safeguards, and limitations necessary to ensure compliance with this section, only upon finding that conceptual design and layout of the proposed PRD is superior to a conventional development in achieving the purposes stated in Subsection A, as applicable and the PRD complies with the terms of this 185-41.1. (2) The Planning Board may deny a special permit upon finding that the application does not provide sufficient information to demonstrate compliance with the -7-
requirements of this section, or does not comply with the provisions of this Bylaw, which finding shall be set forth in detail in a written decision. (3) If the Planning Board determines that the site is not suitable for a PRD and would be more appropriate for a conventional subdivision or approval not required plan, the applicant may submit a conventional subdivision or approval not required plan or a plan for a division of land for six or more lots in accordance with the Dover Subdivision Regulations, Chapter 284 of the Dover Town Code. (4) Effect of Special Permit Approval. Approval of a Special Permit under this section shall not be considered approval of any construction. Planning Board issuance of a Special Permit shall neither obligate the Planning Board to approve a definitive plan under Subsection L below nor serve as a substitute for such approval. The Special Permit is a preliminary approval, intended to give guidance to the applicant for the development of definitive subdivision plan or the site plan, and to determine whether the applicant s submittal meets the objectives of this section. Any subsequent application for a PRD definitive plan shall comply with all material aspects of the Special Permit granted hereunder. L. Definitive Plan Submission. (1) Following issuance of a Special Permit for a PRD, the applicant is eligible to submit a PRD definitive plan to the Planning Board. If a a PRD does not require approval under the Subdivision Control Law, the applicant shall submit a site plan to the Planning Board. A PRD that involves a subdivision of land must be submitted to the Planning Board for approval under the Town of Dover Subdivision Regulations and the Subdivision Control Law. (2) Relationship to Special Permit. (a) Except as provided in 185-41.1.L (2) (b) below, the Planning Board shall disapprove a definitive plan for failure to comply with the Special Permit. The definitive plan will be considered not to comply with the Special Permit if the Planning Board determines that any of the following conditions exist: [1] Any increase in the number of buildings or dwelling units; [2] A material increase in the open space acreage; [3] A material change in the general development pattern which adversely affects natural landscape features and open space preservation; [4] Material changes to the size or location of storm water management facilities; or, [5] Material changes in the location of wastewater management systems -8-
[6] The definitive plan does not substantially comply with the plans that were submitted and approved with Special Permit. (b) Notwithstanding the foregoing, the Planning Board may conditionally approve a PRD definitive plan that does not substantially comply with the Special Permit. However, such conditional approval must identify where the plan does not substantially comply with the Special Permit and require that the Special Permit be amended within a specified time period in order to reflect the changes identified and subsequently approved by the Planning Board. (c) The public hearing on the application to amend the Special Permit shall be limited to the changes identified by the Planning Board in their conditional approval of the definitive plan. These are the only considerations that the Planning Board may take into account in deciding whether to amend the Special Permit. (3) Common Facilities, Operations and Maintenance. In addition to requirements that apply to definitive plan approval under Subsection L (1), a PRD shall demonstrate conformance to the following requirements. (a) Where feasible, each unit and the PRD as a whole shall be served by a shared water supply and privately owned and maintained on-site sewage disposal or treatment systems. An approved on-site sewage disposal or treatment system serving more than one dwelling unit may be located on land owned in common by the owners of the residential units in the PRD, subject to the requirements of the Dover Board of Health and Title 5 of the Massachusetts Environmental Code or approved in accordance with the requirements of Department of the Environmental Protection Groundwater Discharge Permit Program. (b) To ensure that PRD common open space and common facilities will be maintained properly, where necessary each PRD shall have a Residents Association in the form of a corporation, non-profit organization or trust, established in accordance with appropriate state law by a suitable legal instrument or instruments properly recorded at the Norfolk County Registry of Deeds or Registry District of the Land Court. As part of the definitive plan submission, the applicant shall supply copies of such proposed instruments to the Planning Board for its review and approval. (c) There shall be not more than two (2) off-street parking spaces for each dwelling unit in a PRD, excluding covered or enclosed parking spaces in garages, and suitable parking to serve any open space uses as determined by the Planning Board. (4) Minimum Design Standards. A PRD definitive plan shall address the following design standards and any supplemental design regulations or guidelines adopted by the Planning Board under Subsection N. -9-
(a) Landscape Preservation. Insofar as practicable, a PRD shall preserve the landscape in its natural state by minimizing tree removal and grade changes. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. The location and orientation of individual building sites shall be such as to maintain maximum natural topography and limit the removal of trees with six inches or more of diameter at breast height (dbh). Topography, viewsheds, tree cover, and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme. (b) Roadway Design. Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. (c) Cultural Resources. The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized. (d) Architectural Design. In scale, massing, height, exterior materials and roofline articulation, residential buildings in a PRD shall be compatible with surrounding residential areas. (e) Buffer Areas. A PRD that abuts residentially zoned and occupied properties shall provide a buffer area of at least 100 feet to the property line of abutting homes. Buffers to protect resource areas on or adjacent to the site such as ponds, wetlands, streams and riverfront areas, rock outcrops, ledge, or land held for conservation purposes, shall be in accordance with requirements of the Planning Board or Conservation Commission, as applicable. Within the PRD buffer areas, no vegetation will be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the PRD; provided, however, that driveways necessary for access and egress to and from the site may cross such buffers. The Planning Board may waive buffer requirements when it determines that a smaller buffer will suffice to accomplish the objectives of this section. (f) Drainage. The Planning Board shall encourage the use of non-structural stormwater management techniques, such as swales, and other drainage techniques that reduce impervious surface and provide infiltration to the maximum extent feasible. (g) Common/Shared Driveways. A common or shared driveway shall serve not more than four single-family dwelling units unless the Planning Board determines that a common driveway serving more than four units will further the purposes of this section. -10-
(h) Pedestrian and Bicycle Circulation. Where appropriate, walkways and bicycle paths should be provided within the PRD to link residences with parking areas, recreation facilities, open space, and adjacent land uses. M. Incentive for Additional Common Open Space. In granting a Special Permit for a PRD, the Planning Board may authorize an increase in the number of dwelling units above the Base Maximum Density if the applicant provides additional open space. For each additional ten percent (10%) of the site over and above the required 50% set aside as common open space, an incentive of ten percent (10%) may be added to of the Base Maximum Density; provided, however, that in no event shall the total number of additional units exceed 30% of the Base Maximum Density. N. PRD Regulations and Design Guidelines. The Planning Board may adopt supplemental rules, regulations and/or design guidelines to administer this section and applicable provisions of 185-46.1, following a public hearing. O. Severability. If any portion of this section is declared to be invalid, the remainder shall continue to be in full force and effect. P. Notwithstanding any other provision of the Code and regulations, shared driveways are allowed, if and as permitted by the Planning Board, in accordance with the specific provisions of this section. Q. In no event can the combined density bonus allowed under 185-41.1 and 185-42 exceed thirty percent (30%) of the Base Maximum Density. R. The provisions of the Code and any regulations of Dover shall govern PRDs, where applicable, except where the provisions of this Section 185-41.1 conflict therewith or provide otherwise. -11-