BYLAW: Phased Development

Download a Word file of this Bylaw

MUNICIPALITY: Rochester, MA

DATE ADOPTED: 2001; amended 2004

FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Planning Board taustin@townofrochestermass.com

 

TEXT OF THE BYLAW

Town of Rochester , MA

Section IX: General Zoning Regulations

1. Phased Development
1. Purpose
   The purpose of this section is to promote orderly growth in the Town of Rochester, to preserve the water quality of the Mattapoisett River and Sippican River watersheds; to phase growth so that it will not unduly strain the community's ability to provide basic education, public facilities and services; to provide the town, it's boards and agencies information, time and capacity to incorporate such growth into the Master Plan, Capital Facilities Plan, Open Space Plan and the town's budget, and; preserve and enhance existing community character and the value of property.
   
2. Exemption for Pre-Existing Lots:
   This phased development by-law shall not apply to existing lots of record or lots shown on approval not required plans, preliminary subdivision plans and definitive subdivision plans which have been filed prior to the effective date of this by-law. The provisions of this section shall not apply to, nor limit in any way, the granting of building and occupancy permits required for enlargement, restoration, or reconstruction of dwellings existing on lots.
   
3. Extension of Grandfather Protections:
   In the event that any lot shown on a plan endorsed by the Planning Board has not been issued a building permit by the end of it's grandfather protection afforded by M.G.L. Chapter 40A, Section 6, said grandfather protection shall be extended for the time period equal to the time the permit was delayed by this by-law or the expiration of this by-law which ever comes first.
   
4. Procedure to Determine Phased Development Schedule:
   The Planning Board shall provide the building inspector written notice, including copies of any plans, for all approved divisions of land within the Town of Rochester. The notice shall include information on the number of lots created by each plan. The Planning Board shall also inform the building inspector with written notice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. For the purposes of this by-law, a calendar year will run from January 1st to December 31st beginning in the year 2004. Unexercised rights to secure a building permit in the year beginning November 16, 2003 shall carry forward to the new year beginning January 1, 2004. For lots created through the division of land, of 3 lots or greater within one calendar year, the building inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings(s) in accordance with the following phased development schedule:

Phased Development Schedule # of lots created Building permits issued per year
0-9	2
10-19	4
20-29	6
30-39	8
40-49	10
50-59	12
60-69	14
70-79	16
80-89	18
90-99	20
100+	20% of Total

1. An unexercised right to secure a building permit in a year lapses and does not carry forward to a subsequent year. (Article 26: Adopted 6/04/01, Annual Town Meeting) (Article 24: Amended 6/07/04, Annual Town Meeting)