ARTICLE 15 - RATE OF DEVELOPMENT
(added at Annual Town Meeting of May 18, 1998)
The purpose of this bylaw is to promote orderly residential growth in the
Town of Raynham for a period of five years subsequent to July 1, 1998, consistent with the rate of residential growth over the last fifteen (15) calendar years, to phase growth so that it will not unduly strain the community’s ability to provide basic public facilities and services, to provide the Town, its boards and its agencies, time, and capacity to incorporate such growth into the Town’s Master Plan for the community during the five year period, and to preserve and enhance existing community character and the value of property.
15.2 Applicability, Effect and Definitions:
15.2.1 For the purposes of this bylaw, the following terms shall have the
A. “Development” shall mean a single lot or set of contiguous lots held in common ownership at any time on or after July 1, 1998, for which one or more building permits, for a dwelling unit or dwelling units will be sought.
B. “Dwelling Unit” shall mean any single-family, multi-family or condo unit.
C. “Lot” shall mean an area of land in ownership either separate or multiple, with definite boundaries ascertainable by a recorded deed or plan and used or set aside and available for use as the site of one or more buildings
15.2.2 Beginning on July 1, 1998, no building permit shall be issued for a new dwelling unit or units unless in accordance with this bylaw or unless specifically exempted in section 15.4 below.
15.2.3 The maximum number of building permits for new dwelling units in a fiscal year (July 1 - June 30) shall be twenty-four (24). If a subdivision is granted a special permit from the Planning Board acting through Article 16, Subdivision Phasing, the number of dwelling units allowed through the special permit will be exempted from this section. (Highlighted section added at A.T.M. of 5/15/00)
15.2.4 This bylaw shall expire on June 30, 2003.
15.2.5 The number of dwelling units for multi-family units will be divided by two (2) and this number will count towards section 15.2.3.
15.2.6 The Building Inspector shall not issue building permits for more than four (4) dwelling units to any one applicant in any fiscal year.
15.2.7 Residential building permits issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing the number of building permits for new dwelling units in a fiscal year.
The Building Inspector shall issue residential building permits in accordance with the following procedure:
A. The Building Inspector shall act on each building permit in order of submittal. Any permit application that is deemed incomplete or inaccurate by the Building Inspector shall be returned to the applicant within twenty (20) days of submittal. Any permit application returned by the Building Inspector shall require a new submittal.
B. Complete applications shall be assigned a number by the Building Inspector in order of acceptance and placed in a specific file.
C. Building permits for up to two (2) new residential dwelling units shall be available each month. Permits not issued in any month of the fiscal year shall be available in any subsequent month for issuance from the Building Inspector.
D. Any building permits for a new residential dwelling unit not issued in any fiscal year shall be available for issuance in the following fiscal year.
15.4.1 The provisions of this bylaw shall not apply to, nor limit in any way, the granting of building and occupancy permits required for enlargement, restoration, alteration, or reconstruction of dwelling units existing on
July 1, 1998.
15.4.2 Development projects which voluntarily agree to a minimum 40% permanent reduction in density below the density for the particular type of construction permitted in the applicable zoning district and feasible given the environmental conditions of the tract, with the surplus land equal to at least five (5) 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 that will ensure its protection.
15.4.3 Housing developments built pursuant to a comprehensive permit issued under the provisions of M.G.L. c. 40B, 20 through 23.
15.4.4 Assisted Living as defined in M.G.L. c. 19D.
15.4.5 Any lot existing and not held in common ownership with an adjacent lot or lots on July 1, 1998 shall receive a one-time exemption for the purpose of constructing a single-family dwelling on said lot.
15.5 Relation to Real Estate Assessment
Any land owner who has been denied a development permit because of the provisions of this bylaw may appeal to the Board of Assessors, in conformity with M.G.L. c.59, ss59 for a determination as to the extent to which the temporary restrictions 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.
15.6 Zoning Change Protection:
The protection against subsequent zoning change granted by Massachusetts General Laws Chapter 40A Section 6 to land in a subdivision, in the case of a development whose completion has been constrained by this section, shall be extended by five (5) years.
The provisions of this bylaw are hereby declared separable, 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 provisions of this bylaw.