Article 16 - Subdivision Phasing
(added at Annual Town Meeting of May 15, 2000)
16.1 Purpose. The purpose of this section, “Subdivision Phasing,” is to assure that growth shall be phased so as not to unduly strain the town’s ability to provide public facilities and services in accordance with M.G.L. Chapter 41, Section 106B, the Town's Ten Year Capital Plan from July 1, 2000 to June 30, 2010 and The Inter-municipal Sewer Agreement between the City of Taunton and the Town of Raynham dated October 3, 2006, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community’s desired rate of growth; and so that the town can study the impact of growth and plan accordingly. (amended ATM 05/2007)
16.2 Applicability. The issuance of building permits for any tract of land divided pursuant to the provisions of G.L. c. 41, ss. 81K-81GG, the Subdivision Control Act, into more than 7 lots after the effective date of this by-law shall be subject to the regulations and conditions set forth herein. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of the effective date of this bylaw.
16.3 Phasing. Not more than 10 building permits shall be issued in any twelve month period for construction of residential dwellings on any tract of land divided into more than 7 lots pursuant to any provision of G.L. c. 41, ss. 81K-81GG, the Subdivision Control Act. (amended ATM 05/2007)
16.4 Exceptions. Issuance of more than 10 building permits for the same tract of land in a twelve month period may be allowed in the following circumstances (amended ATM 05/2007):
a. The owner of said land may apply for a special permit from the Planning Board for the issuance of more than 10 building permits in any twelve month period. The Planning Board may grant a special permit only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit. The Planning Board shall consider the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, preservation of unique natural features, planned rate of development, diversity of housing stock, and housing for senior citizens and people of low or moderate income, as well as conformance with the Master Plan prepared by the Planning Board pursuant to G.L. c. 41, s. 81D. The Planning Board shall give particular consideration to proposals that (amended ATM 05/2007):
1. demonstrate a permanent reduction in allowable density of fifty percent (50%) or more; or
2. commit more than twenty percent (20%) of the dwelling units to persons of low or moderate income, as those terms are defined for the Raynham area by the Department of Housing and Community Development, for a period of not less than thirty years (amended ATM 05/2007); or
3. commit more than twenty percent (20%) of the dwelling units to persons over the age of fifty-five; or
4. devote more than sixty percent (60%) of the tract to open space; or
5. rely exclusively on on-site wastewater for domestic purposes.
(amended ATM 05/2007)
b. The owner of a tract of land to be divided into more than 105 lots, may seek a special permit from the Planning Board which would authorize development at a rate not to exceed twenty percent (20%) of the units per year. (amended ATM 05/2007)
16.5 Zoning Change Protection. The protection against subsequent zoning changes provided by G.L. c. 40A, s. 6 to land in a subdivision shall, in the case of a development whose completion has been constrained by this section, be extended to fifteen (15) years.
16.6 Relation to Real Estate Assessment. Any land owner denied a building permit because of these provisions may appeal to the Board of Assessors, in conformity with G.L. c. 59, s. 59, for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and for abatement as determined to be appropriate.