A. Applicability.

(1) Special permit required. Major residential development, that is, the creation of eight (8)or more lots or construction of eight (8) or more dwelling units within an eight-year period from or on a property or set of contiguous properties in common ownership as of January 1, 1986, is allowed on special permit, as indicated in § 174-8, Schedule of Use Regulations.

(2) Repetitive subdivision and phasing of large properties.

(a) Land outside a major residential development. Where a by-right subdivision of ten (10) or fewer lots (that is, a development under the threshold size for a major residential development) is first created on one (1) portion of a property, thereby leaving another portion of the same property remaining undeveloped, and if the applicant later wishes to subdivide this remaining portion thereby creating more than ten (10) lots overall within the eight-year period (as described in Subsection A(1) above), then the applicant may do so by applying for a special permit for a major residential development for the remaining portion. On large properties to be developed in phases, the applicant may apply for more than one (1) special permit with no time limit.

(b) Lots inside a major residential development. Lots created inside a major residential development, and made a part of the development, may not be further subdivided within eight (8) years except by amending the original special permit.

(3) Flexible development option for small properties. Except as provided below, a development creating ten (10) or fewer lots or units does not require approval of a special permit, because it is below the threshold size. However, if an applicant wants to take advantage of this section's special features (such as flexible development) for a development of ten (10) or fewer lots, then the applicant may do so by applying for a special permit. In this case, all requirements of this section shall apply as if the development was a major residential development, with the one (1) exception, that affordable housing shall not be required under Subsection E.

(4) Exceptions. The above requirements shall not be applicable if the lots are restricted from residential use.

(5) Subdivision approval. Subsequent to, or in conjunction with the granting of the special permit. compliance with the rules and regulations regarding the subdivision of land must be met.

(1) Allow for greater flexibility and creativity in the design of residential developments.

(2) Encourage the permanent preservation of open space, agricultural and forestry land and other natural resources.

(3) Maintain the Town of Southborough's traditional New England rural character and land use pattern in which small villages contrast with open space and farmland.

(4) Encourage more affordable and diverse housing types.

(5) Protect scenic vistas.

(6) Preserve unique and significant natural and historical resources.

(7) Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(8) Encourage a less sprawling form of development.

(9) Encourage the development of passive and active recreation facilities.

(1) Preliminary meeting. Prior to filing an application, the applicant shall meet with the Planning Board in order to promote better communication and avoid misunderstanding.

(2) Intent of alternative plans. Applications for a special permit for major residential development shall include two (2) plans: a conventional plan and a flexible plan. The intent of this section is to approve the flexible plan wherever appropriate because the flexible plan is, in general, more capable than the conventional plan of meeting the objectives listed in Subsection B, as well as the design criteria listed in Subsection G(2). The purpose of the conventional plan is simply to establish the total number of lots or units allowed on the site, without bonuses, and consequently the number of lots allowed in the flexible plan, as provided in Subsection D(1).

(3) Submission materials. Applicants for major residential development shall file with the Planning Board seven (7) copies of the following, prepared by an interdisciplinary team, including a registered land surveyor, a professional engineer and a registered architect or landscape architect

(a) Plans. The conventional and flexible plans described above, conforming to the information requirements for a preliminary subdivision plan under subdivision regulations of the Planning Board.

(b) Natural conditions. Such plans shall also indicate:

[1] Topography, both existing and proposed.

[2] Existing wetland boundaries, which shall be delineated by registered professionals qualified under MGL C. 131, § 40, and/or Chapter 170, Wetlands Protection.

[3] Any critical areas, scenic views and vistas, as specified in Subsection F.

(c) Sewage disposal.

[1] If septic systems are proposed, then the submission shall include the results of soil evaluations and percolation tests at the rate of one (1) every five (5) acres, but in no case fewer than five (5) per major residential development. Soil evaluations shall be located to the satisfaction of the Planning Board so as to indicate the buildability of areas proposed either for development or for bonused reservation under Subsection F.

[2] If alternative sewage treatment systems are proposed, then the applicant shall meet with the Board of Health prior to submission to the Planning Board, in order to establish the submission requirements of the Board of Health for such a system.

(d) Comparative analysis. A written statement as to which of the two (2) plans (conventional or flexible) is preferred by the applicant. In addition, a brief written comparison of the impacts of a flexible development plan versus a conventional development plan. This comparison should discuss the specific site characteristics which make the preferred plan the best development option, (in the opinion of the applicant), based on the design criteria for major residential development in Subsection G(2).

(e) Other information. Any additional information necessary to make the determinations and assessments cited in Subsections F and G.

(1) Number of lots or units. The number of lots or units, excluding any bonus lots or units allowed under Subsection F, shall not exceed the number of lots in the conventional plan which shall be in full conformance with zoning, subdivision regulations and health codes. The Planning Board shall consider the recommendations of the Board of Health, the Conservation Commission and the Department of Public Works of the Town of Southborough in making said determination.

(2) General design criteria. Refer to Subsection G(2).

(3) Shape and dimension of lots. Provisions in § 174-8, Schedule of Use Regulations, governing the shape and dimensions of lots, shall apply when calculating the number of lots allowed in a conventional plan, as required by Subsection D(1) above. However, these provisions shall not apply when creating new lots within a flexible plan, unless otherwise specified in this section. The dimensional requirements for flexible lots are specified in Subsection D(4) below.

(4) Single-family requirements. The following provisions shall only apply to detached single-family dwellings on their own individual lots. Where more than one (1) detached single-family dwelling is on the same lot (for example, single-family condominiums), then they shall be treated as multifamily dwellings for the purpose of this section, and they shall be governed by the provisions of Subsection D(5) below.

(a) Site with individual septic systems on each lot.

[1] Lot area. In order to ensure adequate lot area for individual septic systems, the minimum lot area shall be two-thirds (2/3) of the minimum required in § 174-8, Schedule of Use Regulations, for each zoning district.

[2] Lot frontage. The minimum lot frontage in all zoning districts shall be eighty (80) feet, except as follows. Lots located on the turnaround of a dead-end street shall have a minimum frontage of fifty (50) feet, provided that a front building line is designated on the plan for such a lot, and also provided that the width of the lot at this building line is at least equal to the minimum frontage requirement.

[3] Front yard. Front yards shall be staggered to provide a variety in size of such yards. In all zoning districts, the minimum average of all front yards shall be twenty-five (25) feet; however, no front yard shall be less than twenty (20) feet.

[4] Side yard. The minimum side yard shall be twenty (20) feet in the Residence A District and ten (10) feet in all other districts; provided, however, that dwellings on abutting lots shall be no closer than thirty (30) feet which may be accomplished by staggering or other means.

[5] Rear yard. In all zoning districts the minimum rear yard shall be forty (40) feet or thirty (30) feet if backing up to common open space.

[6] Setback lines. The front, side and rear setback lines shall be shown on the definitive subdivision plan.

[7] Open space. In all zoning districts, a minimum of ten percent (10%) of the overall site area shall be preserved in a natural state, exclusive of wetlands, and twenty five percent (25%) overall shall be dedicated as common open space.

[8] Common areas. Refer to Subsection G(2) for design criteria for common areas.

(b) Site with alternative sewage treatment systems. Based upon the reduced need for land on each lot if individual septic fields are no longer required and the benefits of consolidating this land into common preserved open space, the Planning Board may, at its discretion, approve the following:

[1] Lot area. The minimum lot area shall be one-third (1/3) of the minimum required in § 174-8, Schedule of Use Regulations, for each zoning district. The reduction in lot area shall not be used to increase the total number of lots permitted in the overall site. All the site area saved through reduction in lot area shall be dedicated as common land or dedicated to the town.

[2] Lot frontage. The minimum lot frontage in all zoning districts shall be sixty-five (65) feet, except as follows: Lots located on the turnaround of a dead-end street shall have a minimum frontage of fifty (50) feet, provided that a front building line is designated on the plan for such a lot, and also provided that the width of the lot at this building line is at least equal to the minimum frontage requirement.

[3] Yards. The minimum yard dimensions shall be the same as for lots with septic systems, as provided under Subsection D(4)(a) above.

[4] Setback lines. The front, side and rear setback lines shall be shown on the definitive subdivision plan.

[5] Open space. In all zoning districts, a minimum of twenty percent (20%) of the site area shall be preserved in a natural state, exclusive of wetlands, and thirty-five percent (35%) overall shall be dedicated as common open space.

[6] Common areas. Refer to Subsection G(2) for design criteria for common areas.

(5) Multifamily requirements. The Planning Board may authorize inclusion of multifamily dwellings within a flexible development, subject to the following, unless authorized as housing for the elderly under § 174-9H. Where more than one (1) single-family detached dwelling is on the same lot, (for example, single-family condominiums), they shall be treated as multifamily dwellings for the purpose of this section and governed by the provisions of this subsection.

(a) Number of dwelling units. The number of dwelling units allowed shall be governed by the provisions of Subsection D(1). More than one (1) structure may be allowed on a lot. § 174-8C(2) shall not apply.

(b) Types of units. To assure internal diversity and continuity with surrounding development, single-family dwellings (whether on their own individual lots or on a shared lot) are required within a multifamily development. Not more than two-thirds (2/3) of the dwelling units on any parcel developed subject to these provisions shall be in multifamily dwellings containing two (2) or more units. (Note: Housing for the elderly is not governed by this section).

(c) Layout of buildings. To maintain the visual scale of the community, each multifamily dwelling unit shall have its own exterior entrance; there shall be not more than four (4) dwelling units in any structure, and the multifamily structures shall be clustered in groups, with not more than sixteen (16) dwelling units in any group. Buildings within groups shall normally be separated from each other by not less than twice the required side yard, and there shall be not less than one thousand (1,000) feet separation between dwellings in any such group and any other multifamily dwellings on or off the premises, unless the Planning Board authorizes a reduction of up to one-third (1/3) in such requirements, upon its determination that doing so serves the objectives of the bylaw.

(d) Visual buffers. Visual separation from nearby premises shall be assured through providing yards of double the usually required dimension between any multifamily structure or parking area for six (6) of more cars and the boundaries of the major residential development, and through having any exterior lighting shielded and mounted not more than fifteen (15) feet high.

(e) Open space. To assure environmental benefit from the compact development which multifamily development facilitates, the site area which shall be preserved in a natural state, exclusive of wetlands, shall be a minimum of ten percent (10%) and shall increase in direct proportion to the percentage of multifamily units, up to a maximum requirement of twenty percent (20%) preserved area. In addition, a minimum of thirty-five percent (35%) overall shall be dedicated as common open space. Where appropriate, open space not to be preserved in its natural state shall be utilized for recreation to serve the needs of the Town.

E. Affordable housing.

(1) Provision of affordable units.

(a) Number of units to be provided: All developments including a residential component which are subject to this Section shall be required to set aside a minimum of twelve and one-half percent (12.5%) of the total number of dwelling units provided as affordable housing.

(b) Fractions: If, when applying the percentage to the total number of units to determine the number of affordable units, the resulting number of affordable units includes a fraction of a unit, this fraction, if one-half (1/2) or greater, shall be rounded up to the next whole number. If the resulting number of affordable units includes a fraction of a unit less than one-half, the fraction shall be rounded down to the next whole number.

(c) Sale, lease or rental of units to low-income households: Units set aside for sale, lease or rental to low-income households shall be restricted for occupancy by qualified households that meet the definition of “low” income set forth in this bylaw.

(d) Affordability of rental and ownership units. Affordable rental and ownership units shall serve low-income households.

(e) Relationship to the affordable housing inventory. It is intended that the affordable housing units serving low-income households that result from this bylaw be considered as Local Initiative Units in compliance with the requirements of the Commonwealth of Massachusetts Department of Housing and Community Development, as required for the ten-percent (10%) statutory requirement under MGL C. 40B. A low-income household is defined as having a total household or family income between fifty-one (51) percent and eighty (80) percent of the median income for the Boston Standard Metropolitan Statistical Area, as set forth in regulations promulgated from time to time by the U. S. Department of Housing and Urban Development, or by a similar federal agency created to replace it, as adopted by the Commonwealth of Massachusetts Department of Housing and Community Development.

(f) Relationship to public funding programs. Developers may participate in public subsidy programs and still meet the requirements of this Section. Such participation will be subject to the approval of the subsidizing agency and to the unit price limitations of the funding program as well as those required by this Section. In case of conflicting price limitations, the lower price requirement shall prevail.

(g) Relationships to other organizations. Subject to the approval of the Southborough Housing Opportunity Partnership Committee and the applicable subsidizing agency, developers may elect to work with a local nonprofit housing provider, such as the Southborough Housing Authority, to distribute, maintain or operate the units in accordance with the requirements and intent of this Section.

(2) Affordability requirements

(a) Duration of affordability. Affordable units shall be subject to restrictions that to the extent legally possible shall preserve the permanent affordability (in perpetuity) of the units as defined by this bylaw, but in no case shall be fewer than 50 years.

(b) Maximum rental price. Rents for the affordable units, excluding utilities (heat, water, electricity), shall not exceed 30% of the targeted annual gross household income, as determined by the Commonwealth of Massachusetts Department of Housing and Community Development. Specific prices shall be determined by the state or federal funding source, if applicable, and are subject to approval by the Southborough Housing Opportunity Partnership Committee.

(c) Maximum sales price. Housing costs, including monthly housing payments, principal and interest payments, real estate taxes, and insurance, shall not exceed 30% of the targeted gross household income. Specific prices shall be determined by the state or federal funding source, if applicable, and are subject to approval by the Southborough Housing Opportunity Partnership Committee.

(d) Resale prices. Subsequent resale prices shall be determined based on a percentage of the median income at the time of resale as determined by the federal Department of Housing and Urban Development and adopted by the Commonwealth of Massachusetts Department of Housing and Community Development. The resale price will be established based on a discount rate, which is the percentage of the median income for which the unit was originally sold. The method of resale price calculation shall be included as part of the deed restriction. Through agreement between the Southborough Housing Opportunity Partnership Committee and the developer or owner, this percentage may be increased or decreased by up to five per cent (5%) at the time of resale, in order to assure that the target income groups’ ability to purchase will be kept in line with the unit’s market appreciation and to provide a proper return on equity to the seller.

(e) Marketing plan. The affordable units must be rented or sold using marketing and selection guidelines approved by the Southborough Housing Opportunity Partnership Committee, and in accordance with state guidelines.

(f) Preference for Town residents and persons employed within the Town. Unless otherwise prohibited by a federal or state agency under a financing or other subsidy program, not less than seventy percent (70%) of the affordable units shall be initially offered to, in order of preference:

· To employees of the Town of Southborough for at least five (5) years;

· Current residents of the Town of Southborough who have resided in the Town for a minimum of five (5) years and/or persons who, although not currently residents of the Town, have previously resided in the Town of Southborough for a minimum of five (5) years in the last fifteen (15) years.

(3) Development Standards.

(a) Location of affordable units. Affordable units shall be dispersed throughout the development so as to ensure a true mix of market-rate and affordable housing.

(b) Comparability. Affordable units shall be to the extent possible externally indistinguishable from market rate units in the same development. Affordable units should be comparable to market rate units in terms of location, quality, character, and room size.

(c) Unit size. Except as otherwise authorized by the Southborough Housing Opportunity Partnership Committee, affordable units shall contain one or more bedrooms. The mix of unit sizes among the affordable units shall be proportionate to that of the development as a whole.

(d) Rights and privileges. The owners or renters of affordable units shall have all rights, privileges and responsibilities accorded to market-rate owners or renters, including access to all non-fee amenities within the development.

(4) Incentive. To facilitate the objectives of this Section, modifications to the dimensional requirements in the applicable zoning district shall be permitted for projects subject to the requirements of this Section. The modifications shall be permitted as set forth below.

(a) Density Bonus. The minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary, upon approval, to permit up to three additional units in the project for each one affordable unit as required in Section E. 1.

(b) Full or part-time employees working within the town for other employers or self-employed.

(c) Current and previous residents of the town.

(d) Persons with close family (parents, grandparents, children or siblings) presently living in town.

(5) Alternative Methods of Affordability

(a) This Section mandates that affordable units shall be provided onsite. However, in certain exceptional circumstances the Planning Board may, at the formal written request of the developer, consider an alternative method of compliance. In granting such authorization, the Town must find that the developer has demonstrated that building the required affordable units on-site would create a significant hardship, or that such alternate method of compliance is in the best interests of the Town. A significant hardship shall be defined as being of such significance that the property cannot physically accommodate the required affordable units and/or related requirements, such as height, setbacks, or parking. Hardship shall not be considered due to financial or marketing consideration. To have such a request considered, the burden of proof shall be on the developers, who must make full disclosure to the Planning Board of all relevant information. Approval of alternate methods of compliance shall be only for the methods described below.

Except as set forth below, affordable units provided through an alternate method shall comply in all other respects with the requirements of this Bylaw. The incentives described in Section IV are not available to development proposals in which the requirements of this Section are met using the cash contribution method of compliance.

· The following alternative methods of compliance, in order of preference by the Town, may be considered by the Town in rare, exceptional circumstances:

· Off-site Location: With authorization by the Planning Board as described above, affordable units may be constructed by the developer on an alternate site. The alternate site must be suitable for residential development and must be within the Town of Southborough, and must add to the Town’s stock of affordable housing units. Off-site units shall be comparable in quality, size and type to the market-rate units being created, and of a number no fewer than the number of units that would have otherwise been provided on-site. Affordable off-site units allowed by this by-law may be located in an existing structure, provided that their construction constitutes a net increase in the number of dwelling units contained in the structure. Off-site units shall be subject to the same construction schedule as otherwise required if on-site as set forth in Section VI. (3).

· Cash Contribution: With authorization by the Planning Board as described above, developers may make a cash payment to the Town to be used only for the purposes of providing housing affordable to low-income households as defined by this Bylaw.

For ownership developments, the financial contribution for each affordable unit shall be equal to the full purchase price of an affordable unit for a four-person low-income household as defined by this Bylaw and in accordance with the regulations and policies of the Department of Housing and Community Development. In order to include the value of the land, the financial contribution for each affordable unit shall also include an amount equal to the current year’s assessed value of the land divided by the total number of units proposed, multiplied by the total number of affordable units.

For rental units, the financial contribution for each affordable unit shall be equal to the difference between the average market rental price for the market-rate units in the subject development and the rent affordable to a four-person low-income household as defined by this Ordinance, calculated over a term of 10 years. In order to include the value of the land, the financial contribution for each affordable unit shall also include an amount equal to the current year’s assessed value of the land divided by the total number of units proposed, multiplied by the total number of affordable units.

Prior to the issuance of a final occupancy permit for any portion of the project, the contribution shall be payable in full, or a written agreement approved by the Planning Board and SHOPC must be recorded and filed with the Town Treasurer.

· Administration outlined in M.G.L., Chapter 44, Section 53A, shall be restricted solely for the creation of affordable housing, located in the Town of Southborough, and as of funds. Funds donated to the Town in accordance with the provisions defined by this bylaw. The funds shall be kept in a separate account by the Town Treasurer. The Town Treasurer shall deposit the funds in a bank or invest the same in securities as are legal under the law of the Commonwealth of Massachusetts. Any interest earned shall be credited to and become part of the fund. Any moneys conveyed to the Town in accordance with this Section shall be expended only with approval of the majority of Town Meeting.

(6) Enforcement

(a) Legal restrictions. Affordable units shall be rented or sold subject to deed covenants, contractual agreements, and/or other mechanisms restricting the use and occupancy, rent levels and sales prices of such units to assure their affordability. All restrictive instruments shall be subject to review and approval by the Southborough Housing Opportunity Partnership Committee and Town Counsel. All condominium documents and fees shall be subject to review and approval by the Southborough Housing Opportunity Partnership Committee and Town Counsel.

(b) Timing of commitments. All contractual agreements with the Town and other documents necessary to ensure compliance with this Section shall be executed prior to and as a condition of the issuance of any approval required to commence construction.

(c) Timing of construction. As a condition of the issuance of approval under this Section, the Southborough Housing Opportunity Partnership Committee may set a time schedule for the construction of both affordable and market-rate units. No Certificate of Occupancy shall be issued for any market-rate units in a development subject to the requirements of this Section until 25% of the affordable units required to be constructed have been issued a Certificate of Occupancy. No Certificate of Occupancy shall be issued to more than 75% of the market-rate units until 100% of the affordable units required to be constructed have obtained a Certificate of Occupancy.

(7) Severability.

In case any paragraph or part of this Section should be for any reason declared invalid or unconstitutional by any court of last resort, every other paragraph or part shall continue in full force and effect.

(8) Exempt areas. Development within a Critical Resource District

(§ 174-8.10) shall be exempt from the requirements of this section.

(8) Exempt areas. Development within a Critical Resource District (§ 174-8.10) shall be exempt from the requirements of this section.

(1) Mandatory bonus. The Planning Board shall authorize an increase in lots or dwelling units of ten percent (10%) above that allowed under Subsection D(1) in return for the inclusion of ten percent (10%) affordable housing required by Subsection E, except where restricted in the Critical Resource District.

(2) Discretionary bonus. The Planning Board may also authorize up to an additional ten-percent increase based on the following criteria, unless the Board explains in its decision why unusual circumstances cause the Board to act otherwise:

(a) Middle income units. For units designed for households having incomes not exceeding one hundred forty percent (140%) of the median family income for the Boston Region, as estimated by the HUD Regional Economist:

[1] Bonus: One (1) added lot or unit for each middle income unit, provided that the following requirements are met.

[2] Continuing affordability. The units shall be assured of continuing affordability for middle income households, for not less than ten (10) years.

[3] Local preference. The provisions of Subsection (E)(4) applicable to affordable units shall also apply to middle income units.

(b) On-site preservation of critical areas. For land otherwise eligible to be credited towards lot area but not so credited and either restricted under a conservation restriction or deeded to the town, if that land is determined by the Planning Board to be of critical importance for retention in an undeveloped state such as the following:

[1] Land within two hundred (200) feet of existing major roads.

[2] Land across which there are important scenic views from publicly accessible points.

[3] Land of special habitat or ecological value and fragility.

[4] Bonus: one (1) added lot or dwelling unit for each lot which could reasonably be expected to be developed in the restricted area under a conventional plan in full conformance with zoning, subdivision regulations, and health codes. In making this determination, the Planning Board shall seek the advice of the Conservation Commission and Board of Health.

(c) Off-site preservation of critical areas. For land in Southborough not contiguous with the parcel to be developed, whether in the same ownership or not, if made part of the flexible development application and to be preserved under a conservation restriction or deeded to the town, if the Planning Board determines that the land is of critical importance for retention as provided under Subsection F(2)(b) above, and that the land being developed is not of critical importance for retention:

[1] Bonus: one (1) added dwelling unit for each dwelling unit which could reasonably be expected to have been developed on the restricted parcel under a conventional plan in full conformance with zoning, subdivision regulations and health codes.

[2] Critical resource bonus. In the case of land within the Critical Resource District proposed to be restricted, added dwelling units (which must be outside the district) shall equal double the number reasonably expected on a conventional plan for the restricted land.

G. Decision.

(1) Procedure. The procedure for approval shall be as follows:

(a) Approval of flexible plan. The Planning Board shall approve or approve with conditions a special permit for major residential development for the flexible plan, provided that the Board determines that the flexible plan is at least as beneficial to the town as the conventional plan, based upon the considerations established under § 174-9, Special Permit Requirements, and Article IV of Chapter 244, Subdivision of Land, and the design criteria listed Subsection G(2) below.

(b) Approval of conventional plan. Only if the Board determines that the conventional plan is more beneficial to the town than the flexible plan shall the Board approve major residential envelopment for the conventional plan, provided that it meets all requirements of this section.

(c) Denial of both plans. Only if the Board determines that the flexible plan is not a good faith design or that the more beneficial plan does not conform to the requirements of this section shall the Board disapprove both plans.

(2) General design criteria. The specific design requirements in each of the prior subsections shall be met. In addition, when evaluating the plans, the following general criteria shall be considered by the Planning Board as indicating design appropriate to the natural landscape and meeting the objectives of major residential development:

(a) Layout of open and common land.

[1] The maximum number of lots or units shall be contiguous to the common land.

[2] Common land shall be arranged to protect valuable natural environments, such as streams, valleys, outstanding vegetation or scenic views.

[3] The common land shall be reasonably contiguous and coherent.

[4] If the tract of land abuts adjacent common land or other permanently protected open space, then the common land shall be connected with such adjacent common land and with such permanently protected open space.

[5] Where appropriate, and not detrimental to the natural features of the site, open space shall be utilized for recreation to serve Town needs.

(b) Ownership, maintenance and use restrictions on common land and facilities.

[1] The ownership and maintenance responsibilities of all private and/or common areas and facilities (including but not limited to open space, recreational facilities, roads and sewer treatment plants, if any) shall be subject to approval of the Planning Board, and in the case of sewer treatment plants, subject to the approval of the Board of Health.

[2] Private roads, if allowed by the Planning Board, shall be designed to the standards specified in Chapter 244, Subdivision of Land.

[3] Open land, if any, unless conveyed to the Town of Southborough, shall be covered by a recorded restriction enforceable by the Town of Southborough, provided that such land shall be kept in open space.

(c) Buffer areas and view protection.

[1] Buffer areas shall be preserved and maintained to minimize conflict between residential and other uses.

[2] Buffers of natural vegetation shall be preserved or created adjacent to wetlands and surface waters.

[3] Scenic views and vistas shall be protected.

(d) General site layout

[1] The elements of the site plan (lots, buildings, circulation, common land, landscaping, etc.) shall be arranged favorably with existing natural topography, streams and water bodies.

(e) Circulation.

[1] Street appearance and capacity shall be protected by avoiding development fronting such streets.

[2] The street system shall provide for safe and convenient movement of vehicles on and off the site and shall be designed to contribute to the overall aesthetic quality of the development.

[3] The pedestrian circulation system shall be designed to assure that pedestrians can move safely and easily on the site and between properties and activities within the site and neighborhood.

[4] Private roads, if any: refer to Subsection G(2)(b) above.

(3) Subdivision approval. The granting of a special permit for a major residential development shall in no case be construed as an approval under Chapter 244, Subdivision of Land.

(4) Subsequent changes. Subsequent to granting the special permit and approval of a definitive plan of subdivision, the Planning Board may permit, without initiating a new special permit proceeding, the relocation of lot lines within the development; change in the layout of streets; change in the use, ownership and layout of the common land; or change in any other conditions stated in the original special permit. The Planning Board shall require a new special permit if it determines that the proposed changes are substantial in nature and/or impact public health or safety.