OSRD and LID

1
OSRD and LID Putting What Weve 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 rightNo trigger (may require
  incentives).
• Special Permit...Number of lots for OSRD or LID
  (example 5 or more).
• Approval from New AuthorityScale of Development
  for Stormwater Bylaw (example 5,000 square feet
  or more)
• Standard Approval of OSRD Definitive
  PlanTriggered 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

1. Will flexible provisions increase the amount of
   housing in the community?
2. How will the style of housing affect community
   character?
3. Could new development have unintended fiscal
   impacts?
4. How will density incentives increase the
   development potential of the community?
5. 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 Stormwa
ter Bylaw
15
Key Sections of the Model OSRD Bylaw

1. Purpose and Intent
2. Definitions
3. Applicability
4. Pre-Application
5. Major Residential Development/Special Permit
6. Design Process
7. Design Standards
8. Open Space Requirements
9. Reduction in Dimensional Requirements
10. Increases in Permissible Density
11. Decision of the Planning Board
12. 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

• Amount50 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

1. Purpose
2. Definitions
3. Authority
4. Administration
5. Applicability
6. Procedures
7. Enforcement
8. 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
Key Sections of the Model Stormwater Regulations

1. Waivers
2. Surety
3. Construction Inspections
4. Certificate of Completion
5. Perpetual Inspection and Maintenance
6. Enforcement
7. Severability

1. Purpose
2. Definitions
3. Authority
4. Administration
5. Applicability
6. Permit Procedures and Requirements
7. Post-Development Stormwater Management Criteria

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
6.0 Permit Procedures Requirements

• 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)

29
7.0 Post-Development Stormwater Management
Criteria

1. No Untreated Discharges
2. Channel Protection
3. Overbank Flooding Protection
4. Extreme Flooding Protection
5. Recharge
6. 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

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