TRANSIT ORIENTED DEVELOPMENT (as an OVERLAY DISTRICT)
DRAFT
Please note the set up and text of the by-law will need to be changed for each individual community.
Article 1: To be added to Section
___________________
__.10 Transit
Oriented Development (TOD)
The
purpose of this bylaw is to allow for the development of a mixed-use
pedestrian/transit village around the MBTA commuter rail station. The intent of
the TOD overlay district is to promote a lively, prosperous village that serves
as an attractive place to live, work, shop and recreate with less reliance on
the automobile.
In
addition when used in conjunction with the Transfer of Development Rights,
Section ____ TOD will allow the maintenance of low-density land uses, open
spaces, historical features, critical environmental resources, and other
sensitive features of the sending parcel while transferring development rights
into the TOD.
The
TOD program is consistent with the goals of the ___(Community
Name)____ Master Plan to “… further the conservation and preservation of
natural and undeveloped areas, wildlife, flora, and habitats for endangered
species; to protect ground water, surface water, as well as, other natural
resources; to balance economic growth; to provide adequate capital facilities,
including transportation, water supply, and solid, sanitary, and hazardous
waste disposal facilities; to coordinate the provision of adequate capital
facilities with the achievement of other goals; to develop an adequate supply
of affordable housing; and to preserve historical, cultural, archaeological,
architectural, and recreational values.”
__.10.1
Powers and Administrative Procedures:
The
Name of Board (Choose between:
Planning Board, Board of Appeals or Board of Selectmen/City Council)
is hereby designated the Special Permit Granting Authority (SPGA) for an
applicant seeking a Transit Oriented Development beyond the base density. The
SPGA shall follow the procedural requirements for special permits as set forth
in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and after
due consideration of the reports and recommendations of other town boards,
commissions and or departments, the SPGA may grant a higher density than
allowed by-right. The SPGA shall also impose, in addition to any applicable
conditions specified in this section, such conditions as the SPGA finds reasonably appropriate to improve the
site design and address concerns including but not limited to: water and air
quality, other environmental resources, traffic, safety and/or other concerns
related to the purpose of this section.
Such conditions shall be imposed in writing and the applicant may be
required to post a bond or other surety for compliance with said conditions in
an amount satisfactory to the SPGA.
__.10.2.
Applicability:
The
provisions of Section 7.10 shall apply to land identified as the Transit
Oriented Development (TOD) as designated as an overlay district on the zoning
map once approved by _________ (Town Meeting/City
Council).
__.10.3
Definitions:
Transit Oriented Development: A mixed-use
district (including retail, office, attached multifamily and single family
residential) designed specifically for pedestrian, transit and bike use
containing both core and transitional areas, identified as the Transit Oriented
Development and designated as an overlay district on the zoning map once approved by Town Meeting.
Transit
Oriented Development, Core Area: The core area is the mixed-use portion of the
TOD district which contains all allowed commercial and higher density
residential uses within a ¼ mile of the MBTA Commuter Rail Station
platform. Core area will have a minimum
base density allowed by right with the option for a higher density to be granted
by special permit as provided within this by-law.
Transit
Oriented Development, Transition Area: The transition area is the moderate to lower
density residential portion of the TOD district between the ¼ mile to ½ mile
radius from the MBTA Commuter Rail Station platform. The transition area will have a minimum base
density allowed by right with the option for a higher density to be granted by
special permit as provided within this by-law.
Right Of Way (ROW): A strip of
land acquired by reservation, dedication, prescription, or condemnation and
intended to be occupied by a street, trail, railroad, water line, sanitary
sewer, and/or other public utilities or facilities.
__.10.4
Density and Dimensional Requirements:
Within the Transit
Oriented Development Overlay District the following Density and Dimensional Requirements shall apply:
|
__.10.4.1 Transit Oriented Development Density and Dimensional
Requirements |
||
|
|
Core Area (1/4 mile) |
Transition Area (1/2 mile) |
|
Minimum lot area (sq. ft.) |
70,000 |
70,000 |
|
Minimum frontage (ft.) |
150 |
150 |
|
Minimum front setback (ft) a |
6 |
10 |
|
Minimum side setback (ft.) b |
0/15 |
10 |
|
Minimum rear setback (ft.) |
10 |
20 |
|
Maximum height (ft.) c |
35/45 |
35 |
|
Maximum number of stories d |
3 |
2 |
a.
Corner lots must provide minimum front setback on all
sides fronting a ROW.
b.
The side setback on one side of the lot or between
multiple principal buildings may be reduced to zero.
c.
The maximum height of principal building(s) in the
core area shall be 35 ft. unless increased though the granting of the special
permit to forty-five feet.
d.
The maximum number of stories may be increased though
the granting of a special permit if the third floor is set back from the
building line an additional eight feet.
__. 10.4.2 Lots within the core area of the Transit
Oriented Development Overlay District may contain more than one principal
building.
__. 10.4.3 In the core area the applicant shall provide
a minimum 10,000 gross floor area of commercial/parking space on the ground
floor. Parking is limited to a maximum of 60% of the gross floor area of the
ground floor.
__. 10.4.3 A base density of four (4) residential units
per lot is allowed in the core area. The
SPGA may through the special permit process increase the residential density
to a maximum of sixteen (16) units per lot.
__. 10.4.4 A base density of four (4) units per lot is
allowed in the transition area. The
SPGA may through the special permit process increase the residential density to
a maximum of ten (10) units per lot.
__.10.5 Other
Design Requirements:
__. 10.5.1
Developments within the core area will provide a minimum six (6) foot wide
sidewalk along both sides of ROW.
__.10.5.2 All
cross walks shall be constructed to provide both a change in color and texture
from the regular roadway surface. Such changes shall be ADA complaint.
__.10.5.3 Lighting for street shall be limited to 12
feet in height and have shields directing light downward with a total cutoff of
all light at less than ninety (90) degrees from vertical.
__.10.5.4 Parking standards for commercial uses may be
reduced by 15% when applicant provides SPGA information on peak times by use.
__.10.5.5 Parking should be placed to the rear of the
building. Residential units shall have a minimum of two parking spaces.
Residential parking should be clearly marked or separated from the commercial
or public parking.
__.10.5.6 Architectural details of all buildings
including the texture of wall and roof materials should reflect historical
southern New England architecture.
__.10.5.7 Buildings shall be oriented parallel or
perpendicular to the street.
__.10.5.8 Buildings shall be placed close to the
street.
__. 10.5.9 Long horizontal facades should be avoided by
the incorporating of recesses and projections. Said recesses and projections
shall be a minimum of ten (10) feet in width and two (2) feet in depth.
__.10.5.10 The mass, proportion and scale of the
building, roof pitch and the proportions and the relationship between doors and
windows should be harmonious and the surrounding buildings.
__.10.5.11 Signs shall be simple geometric shapes a
maximum size of two (2) feet by three (3) feet.
Colors should be limited to two (2) or three (3) colors that complement
the colors of the building.
__. 10.5.12 A minimum of 50% of the building’s street
side façade(s) shall contain windows.
__. 10.5.13 Complex roofs are encouraged with secondary
roofs smaller and lower than the main roofline.
__. 10.5.14 When an applicant is creating 5 or more
dwelling units, the applicant shall provide a detailed affordable housing
report to the SPGA on the current status of the number and the percent of
affordable units listed under G.L. c 40B sec. 20-23 and the Commonwealth's
Local Initiative Program. If the Planning Board determines number of affordable
units is below the percentage required under G.L. c 40B the applicant shall
provide a minimum of 20% of the total number of units as affordable. Affordable dwelling units is a dwelling unit
available at a cost of no more than 30% of gross household income of households
at or below 80% of the _____(Name of County)___
County median income as reported by the U.S. Department of Housing and Urban
Development, including units listed under G.L. c 40B sec. 20-23 and the
Commonwealth's Local Initiative Program.
It is intended that the affordable housing units that result from this
Bylaw be considered as Local Initiative Program (LIP) dwelling units in
compliance with the requirements for the same as specified by the Department of
Community Affairs, Division of Housing and Community Development and that said
units count toward the Town's requirements under G.L. c. 40B, sec. 20-23. A deed restriction on the future resale or
maximum leasing or renting charged shall be required by the SPGA.
__. 10.6 Density Bonus:
Within
the Transit Oriented Development Overlay District the following Density Bonus
provisions may apply:
a.
Use of the Transfer of Development Rights: For each residential unit (1)
transferred into the TODOD, the SPGA may grant an increase to the base density
by a maximum of three (3) units.
b.
An increase in the size of the village green or public common: For each
additional ¼ acre increase in the size
of the core area village green or public common or the provision of an
additional ¼ acre of village green or public common within the transition area,
the SPGA may increase the base density by ten (10) units.
c.
Enhancements On
or Off Site: The following table
provides the potential maximum increase of units the SPGA may grant to the
development for specific public amenties:
|
Bandstand (Minimum of
900 sq.ft. in size) |
2 units |
|
Water
feature/fountain (Minimum
of 1,200 sq.ft. in size) |
5 units |
|
Playground (Minimum of
2,000 sq.ft. in size) |
6 units |
|
Public
Art |
2 units |
|
½
mile of off site pedestrian/bike trail
|
10 units |
|
Pedestrian
phasing to traffic signal |
10 units |
|
Contribution
to Regional Transit Authority |
10 units |
|
Boat/canoe ramp |
8 units |
__.10.7
Criteria:
TODOD special permits may be granted by the
SPGA upon its written determination that benefits of the proposed development
outweigh the detrimental impacts on the neighborhood and the town. The SPGA shall review and make all
determinations on the application. In order to approve the special permit, the
SPGA shall also make a positive finding on each of the following criteria:
__.10.7.1
The development complies with the town’s
currently approved Master Plan, Affordable Housing Plan, and the Open Space
& Recreation Plan; and/or any other
relevant plan or report.
__.
10.7.2 That the development specifically provides a combination of the following actions or benefits:
a. The applicant provided valuable open space to the
town by the transferring of development rights into this district as determined
by the SPGA after consultation with the Conservation Commission;
b. The applicant provided a larger village green or public
common;
c. The applicant provided suitable public art for
display within the public space of the core area;
d. The applicant enhanced the village green or public
common through the addition of a bandstand, water feature/fountain, or
playground equipment;
e. The applicant enhanced the pedestrian/bike
infrastructure of the (City/ Town) with
off-site contributions which link into the development;
f.
The applicant
has enhanced public transit though a contribution to the regional transit
authority;
g. The applicant provided a payment to a dedicated
account addressing a documented public need.
h.
An applicant
contributes to the ___(Community Name)___
Housing Trust Fund (as approved at Town Meeting) and/or the ___(Community Name)___ Community Preservation Trust.
__.10.7.3 The
development provides water and wastewater systems that meet DEP standards,
Title V and Board of Health requirements;
__.10.7.4 The development provides a well-designed and
constructed village green or public common, a minimum of one acre in size
within the core area. Said village green shall contain benches, walkways,
lighting, landscaping and a community gathering/function area as deemed
necessary by the SPGA.
__.10.7.5 The development transitions smoothly
into the existing residential and commercial areas by way of design,
landscaping, and the stepping down of density and use;
__.10.7.6 The SPGA may
require the applicant to do a Traffic Impact Study providing projected traffic
generation from the development onto local roads and intersections and that it
is within the capacity of the road network and does not create any safety
concerns or is mitigated with improvements provided by the applicant/developer;
__.10.7.7
The design and layout of streets promotes a network of multiple routes for
vehicles, bikes, and pedestrians and the parking and loading of the development
is acceptable to the SPGA.
__.10.8. Governance: Special permit applications and decisions
shall be governed by the filing and public hearing requirements set forth in
M.G.L.c. 40A,s.9. The S.P.G.A. shall
have the ability to adopt rules and regulations governing the granting of
special permits following the procedures set forth in M.G.L.c.40A.