Chapter 7.1 Section 15 Phased Growth

1)      Intent and Purpose

1.0     Whereas, the Town of Holden wishes to encourage a steady manageable growth rate in the community and reduce extreme fluctuations in the growth rate, and;

Whereas, the Town desires to relate the timing of future residential development to the community's ability to provide public services to such development, including adequate water supply amounts and water supply pressure for the purposes of domestic usage and fire protection usage, and;

Whereas, the Town desires to protect the Community's character, and the health, safety, welfare and convenience of its residents, and:

Whereas, the growth rate in the Town of Holden in recent years threatens to outstrip the Town's ability to provide water and other community services such as fire and police protection and adequate educational facilities:

Now, therefore the Town of Holden hereby adopts the following bylaw which shall be issued unless in accordance with this bylaw.

2)      Regulations

2.0     No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw.

This bylaw shall apply to all definitive subdivision plans, divisions of land pursuant to M.F.L. Chapter 4l, Section 81P (hereafter called "A-N-R division,") variances and special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development, for all purposes of this section if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of this bylaw.

3)      Planned Growth Rate

All authorizations shall count toward the planned growth rate permitted by this bylaw. Building permits shall not be issued under any development schedule approved

under Section 5 during periods when said building permit issuance would result in authorizations of more than 200 dwelling units over a 24-month (two year) period.

3.1     For the purposes of implementing the 200 dwelling unit limitation, the Building Commissioner shall on the first of each month total the number of building permits issued during the previous 24 months. If the number of dwelling units for which new building permits have been issued during the previous 24 months meets or exceeds 200 in number, then the Building Commissioner shall not issue building permits for any additional dwelling unit or units in the then current month, except as permitted by Section 3.2.

3.2     In a single development where the number of new dwelling units are l to 3 in total, building permits may be issued even if the 200 limit has been reached. Once issued, these exempt building permits shall be counted in calculating the 200 building permit limit, as noted in Section 3.0.

4)      Development Schedule

4.0     Building permits for new dwelling units shall be authorized only in accordance with the following schedule:

Number of New Units

In Developments                                 Dwelling Units/Year*

1 - 3                                                           100%

4 - l0                                                    Up To 75%

11 - 20                                           Up To 33%

21 - 40                                           Up To 24%

41+                                                       Up To 20%

*Percent of dwelling units in the development for which building permits may be authorized each year. The yearly schedule shall commence from the date of the Planning Board signing of the definitive subdivision plan or A-N-R division plan or the granting of a special permit or variance if applicable, for the development.

4.1     Once a development schedule for a single development is approved in accordance with Section 5, building permits shall not be issued in excess of said schedule, subject to the 200 dwelling unit cap detailed in Section 3.l.

5)      Requirements

5.1     All Definitive Subdivisions, A-N-R divisions, Special Permits and variances shall include a proposed development schedule by the applicant.

5.2     Development schedules as proposed or modified shall be approved by the appropriate body (Planning Board or Board of Appeals, as appropriate), shall be recorded at the Worcester County Registry of Deeds and shall have no effect until recorded.

5.3     In the case of a cluster subdivision, a development schedule shall be approved by the Planning Board at the time of Definitive Subdivision Plan approval. If the plan requires modifications to the development schedule based upon Board of Appeals actions or conditions, the applicant shall return to the Planning Board for approval of a revised development schedule.

6)      Zoning Change Protection

6.0     The protection against zoning changes as granted by Mass. General Law Chapter 40A, Section 6 shall, in the case of a development whose completion has been constrained by this bylaw, be extended to the minimum time for completion allowed under this bylaw.