OSRD and LID Putting What We’ve Learned on the Books and in the Ground

1. OSRD and LID Putting What We’ve Learned on the Books and in the Ground

2. There are several questions local decision makers must answer before drafting an OSRD/LID Ordinance: • Which local board or agent will grant the permit? • What is the Permit mechanism (Special Permit, by right, etc.)? • Will there be a Permit trigger (development scale, etc.)? • What are the resource protection priorities of the community? • How will the Bylaw affect other local regulations? • What sort of administrative burdens will these create? • 7) What sort of incentives or bonuses can the community comfortably and effectively promote?

3. ORDINANCE CONSIDERATIONS #1 and #2: Which local board or agent will grant the permit? What is the Permit mechanism? • In many communities, the Planning Board is best suited to be the permit granting authority as they also review subdivision applications. • OSRD/LID may be offered as a by-right development option, through Site Plan Review, or as Special (Use) Permit. Communities should assess how permitting is currently structured in their bylaw and use those mechanisms that have proven effective in the past. • Application requirements should overlap other permit requirements to the greatest possible extent to make things easier on the applicant.

4. ORDINANCE CONSIDERATIONS #2 and #3: What is the Permit Mechanism? Will there be a Permit Trigger? Some Examples… • Allowed by right…No trigger (may require incentives). • Special Permit...Number of lots for OSRD or LID (example: 5 or more). • Approval from New Authority…Scale of Development for Stormwater Bylaw (example: 5,000 square feet or more) • Standard Approval of OSRD Definitive Plan…Triggered by jurisdiction of other agencies (example: Conservation Commission)

5. ORDINANCE CONSIDERATION #4: What are the resource protection priorities of the community? • Resource priorities could include farmland, coastal areas, aquifers, sensitive habitats, historic buildings, forested areas, etc. • The resource priorities will help shape the approach to site plan development. • The permitting authority must be able to clearly communicate the resource priorities to the applicant in order to streamline the permitting process.

6. ORDINANCE CONSIDERATION #5: How will the Ordinance affect other local regulations? • The Ordinance is not written in a vacuum. • The writers should solicit input from all applicable agencies such as: • DPW/Fire Chief • Conservation Commission/Administrator • Board of Health • Zoning Board of Appeals/Zoning Board of Review • Planning Board • Building Inspector/Building Official • Conflicts with existing regulations or other bylaws should be resolved before the ordinance is brought to Town Meeting/Council.

7. ORDINANCE CONSIDERATION #6: What sort of administrative burdens will this create? • Will the permitting stream be clear if there is more than one agency with jurisdiction? • If a new permitting authority is created, who will assume the responsibility? • Will there be provisions to hire consultants for review? • Zoning? Rules and Regulations? Other? • Monitoring Requirements • Enforcement

8. ORDINANCE CONSIDERATION #7: What sort of incentives or bonuses can the community comfortably and effectively promote? • The goals discussed in other planning documents should be consulted before determining different density bonuses: • Planned Production Plan (affordable housing) • Open Space and Recreation Plan • Executive Order 418 Community Development Plan • Master Plan/Local Comprehensive Plan • Offering bonuses or incentives may require a considerable outreach effort.

9. COMMON DENSITY BONUSES • Affordable Housing • Communities may offer bonuses beyond the site yield if developers include affordable housing in their proposal. • Common provisions are on additional market rate unit for every one to two affordable units. • Developers incorporating compact housing design, such as townhouses, may find this a viable option.

10. COMMON DENSITY BONUSES • Historic Structures • Communities with historic homes on farms or other large tracts of land may offer bonuses to developers who preserve these structures. • Rehabilitation of existing structures may prove to be a good investment if additional market rate units result from these efforts.

11. COMMON DENSITY BONUSES • Increased Open Space • OSRD Bylaws may have a minimum percentage of protected open space for a site such as 50%. • Bylaw provisions may offer density bonuses for proposals that offer significant percentages beyond the minimum. • Developers should carefully examine the flexible dimensional regulations of the bylaw to see if they can possibly gain more open space towards a density bonus.

12. COMMON DENSITY BONUSES • Amenities to the Community • OSRD Bylaws may have provisions where housing units may be increased if a clear amenity is provided to the community as part of the development. • Developers facing this provision should be creative and consider such options as cluster wastewater systems, recreational facilities, public access to open space areas, pedestrian or bicyclist improvements, etc.

13. COMMUNITY OUTREACH: An OSRD/LID Bylaw will have to be adopted at Town Meeting or by Council Vote. Common concerns include: • Will flexible provisions increase the amount of housing in the community? • How will the style of housing affect community character? • Could new development have unintended fiscal impacts? • How will density incentives increase the development potential of the community? • Are developers being given too much latitude?

14. Ordinances to Review: Smart Growth Toolkit http://www.mass.gov/envir/sgtk.htm OSRD (and LID) Bylaw Plymouth, Duxbury, Marshfield Stormwater Bylaw http://www.horsleywitten.com/pubs/MSM-bylaw-regs.pdf Stormwater Bylaw

15. Key Sections of the Model OSRD Bylaw • Purpose and Intent • Definitions • Applicability • Pre-Application • Major Residential Development/Special Permit • Design Process • Design Standards • Open Space Requirements • Reduction in Dimensional Requirements • Increases in Permissible Density • Decision of the Planning Board • Severability

16. 4.0 Pre-Application • Applicant is “strongly encouraged” to arrange a meeting • Other Boards are invited • Recommended “Homework” • Site Context Map • Existing Conditions Plan • Site Visit • Discussion of Design Criteria

17. 5.0 Major Residential Development/ Special Permit • Outlines requirements for 5 Lots and over • Conventional vs. OSRD Submittals • Yield plan provides the maximum number of lots • Sketch plan follows the four step OSRD process

18. 6.0 Design Process • Identify Conservation Areas • Locate Houses • Align Streets and Trails • Draw Lot Lines

19. 7.0 Design Standards • Mix of housing types allowed • Parking Standards • Drainage (LID) • Screening and Landscaping • Pedestrian Movement • Minimizing Disturbed Areas

20. 8.0 Open Space Requirements • Amount—50% of the site • The question of wetlands: Do we include them? • Description of Restriction (conservation or agricultural easement,) • The question of utilities: Do we allow them? • Ownership and Maintenance

21. 9.0 Reduction in Dimensional Requirements • Empowers permitting authority to reduce frontage • 50 feet minimum in the model • Empowers permitting authority to reduce setbacks • 20 feet frontline, 10 foot rear and side • zero lot line for Townhouses

22. 10.0 Density Bonuses • Never beyond 20% of the Yield • Additional 10% Open Space yields 5% increase • For every two affordable units, one unit increase over Yield. • For every historic structure preserved, one unit increase over Yield

23. Key Sections of the Model Stormwater Bylaw • Purpose • Definitions • Authority • Administration • Applicability • Procedures • Enforcement • Severability

24. 4.0 Administration • Establishes a “Stormwater Authority” • Allows for Stormwater Regulations • References a Stormwater Manual • Establishes a “General Permit” for certain activities • References a “Stormwater Credit System” • References a “Stormwater Utility”

25. 5.0 Applicability • Defines Applicable Projects – “everything” • Establishes Exemptions – such as less than 5,000 sf or 25% alteration (whichever is less), emergency work, utilities, etc. • “Redevelopment” vs. “New Development” • Defines “Hotspot” land uses – auto salvage yards, marinas, fueling facilities, outdoor storage of hazardous substances, etc.

26. Purpose Definitions Authority Administration Applicability Permit Procedures and Requirements Post-Development Stormwater Management Criteria Waivers Surety Construction Inspections Certificate of Completion Perpetual Inspection and Maintenance Enforcement Severability Key Sections of the Model Stormwater Regulations Appendix A: Pollutant Loading Assessment Method Appendix B: Example Stormwater Credit System

27. 4.0 Administration5.0 Applicability • Each Board/Commission adopts the Stormwater Regulations and maintains existing permit scheme. • Each applicable Board “signs off” on the permit (if in compliance), and the final “sign off” comes from the “Stormwater Authority” • If the project does not fall within the jurisdiction of an existing Board, goes directly to Stormwater Authority

28. Filing Application Requirements Entry Allowed Fees (Application, Engineer/Consultant Peer Review) Public Hearings Actions, Plan Changes, Appeals, Project Completion Stormwater Management Plan Contents Operation and Maintenance Plan Contents (owners, plan, maintenance agreement, easements) 6.0 Permit Procedures & Requirements

29. No Untreated Discharges Channel Protection* Overbank Flooding Protection* Extreme Flooding Protection* Recharge Structural Practices for Water Quality Water Quality Volume* Hydrologic Basis for Design of Structural Practices* Sensitive Areas Hotspots Stormwater Credits* *A proposed change to current DEP Stormwater Policy 7.0 Post-Development Stormwater Management Criteria

30. 12.0 Perpetual Inspection & Maintenance • To ensure long-term effectiveness of Best Management Practices • Maintenance Agreements in place (required under permit submittal requirements section) • Routine Inspections and submittal of inspection reports upon request • Possible lien on the property if fail to maintain