VOTED: that the bylaw known as the “Reservation of Lots” bylaw enacted under Article 26 of the 1987 Annual Town Meeting which required the reservation of land in every new standard subdivision for the purchase by the Town for housing purposes be repealed in its entirety, and that the following be substituted in its place.
Section 1. Purpose
To provide, as a matter of public policy and within the subdivision process, a means to address the affordable housing needs of the Town and to encourage housing for persons of all income levels in the Town of Concord , particularly, and to the extent permitted by law, for Town employees, residents of the Town, and their children. This bylaw is specifically intended to carry out one of the statutory objectives set forth in §2A, Chapter 808 of the Acts of 1975 as adopted by the Town of Concord in §1.2 of the Zoning Bylaw.
Section 2. Required Reservation of Land
In all new standard residential subdivisions, the Planning Board shall require as a condition of approval that a minimum amount of land be reserved by the developer for purchase by the Town or its designee for housing purposes, except as provided in §4. The following standards shall apply.
1. Minimum Tract Size
The requirement for reservation of land shall apply to all tracts containing at least five (5) times the area required for a single-family house lot in the underlying zoning district.
2. Minimum Area to Be Reserved
At least ten (10) percent of the tract shall be reserved for housing purposes.
3. Location of Lots
The Planning Board shall designate on the plan the specific portion of the tract to be reserved. Such land may be in one or more locations within the subdivision as the board may determine.
4. Period of Reservation
The land shall be reserved for a period of three years from the date of Planning Board endorsement of the definitive subdivision plan.
If the Town or its designee fails to purchase the reserved land within the reservation period, the land will be released automatically from reserve status and the developer shall be allowed to develop the land and sell the lots.
5. Just Compensation
The Town or its designee shall pay just compensation for that portion of the reserved land which the Town or its designee elects to purchase.
6. Maximum Number of Units on Reserved Land
No more than one (1) housing unit shall be built for every 10,000 square feet of land purchased or acquired by the Town or its designee under this bylaw.
7. Applicability
The reservation shall be effective for the owner, developer, and any successors in interest, whether through purchase, default, bankruptcy, or other acquisition.
Section 3. Exemptions
1. The requirement established herein for reservation of land shall not apply to residential compound subdivisions, residential cluster subdivisions, or planned residential development subdivisions.
2. The requirement for reservation of land shall not apply to a subdivision tract created from a larger tract which was subject to reservation of land for housing purposes after April 1987.
3. Where the reservation of at least ten (10) percent of the area of the subdivision tract results in reducing the number of lots which could otherwise be obtained by more than twenty (20) percent, in which case the requirement for reservation of land shall not apply.
4. If the Planning Board determines that the reservation of at least ten (10) percent of the tract results in a subdivision layout which is deleterious to the Town, the board may reserve a lesser amount of land.
Section 4. Options in Lieu of Reservation
Notwithstanding provisions in §§2 and 3 above, the Planning Board may, at its discretion, and at any time during the reservation period, release a developer from the requirements for the reservation of land provided that the Selectmen have agreed to accept, at no cost to the Town, for affordable housing purposes adequate alternative contributions of land, housing or money to the Town or its designee.
In releasing the developer from the reservation requirement, the Planning Board shall find that the alternative proposal adequately addresses the purposes of the bylaw while being sufficiently advantageous to the Town to warrant departure from the reservation requirement.
Section 5. Rules and Regulations
The Planning Board shall promulgate rules and regulations to implement and administer this bylaw.
Article 61, Town Meeting, April 1992
(replaced previous “Reservation of Land Bylaw” adopted under Article 26 of the 1987 Annual Town Meeting)
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