Proposed Development Transfer Overlay District
June 1, 2006
Overview of a Proposal to
Create a Development Transfer Program
The Town of Gorham’s adopted Comprehensive Plan includes a series of recommendations that are designed to encourage denser development in the parts of the community that are or can be served by public water and sewer and to discourage intensive development in traditional rural areas. A key recommendation of the Plan is for the expansion of the village areas around Gorham Village and Little Falls. The Plan proposes that the Town create a density bonus in these areas provided that “. . . development rights are transferred from land in the traditional rural designation.” The Town has developed a proposal for implementing this recommendation.
The proposal creates an overlay district – a Development Transfer Overlay District – that would apply to designated areas in and around Gorham Village and Little Falls. The areas included in the overlay district are served by public sewer or can potentially be served by extension of the sewer system. The proposed overlay district is shown on the attached map. The land within the proposed overlay district is currently included in a number of different zones including Urban Residential, Suburban Residential, and Rural.
Within the overlay district, a land owner or developer would be given a choice with respect to the development of their land. The land could be developed in accordance with the existing zoning or with the requirements of the overlay district. Under the overlay standards, the land could be developed more densely (with more units) than it could be under the existing zoning. But to do that, the development would have to be connected to the public sewer system, the development would have to conform to the additional standards for the overlay district, and the owner/developer would have to pay a “development transfer fee” to the Town for each ‘bonus unit” in excess of what could be built under the current zoning.
For example, if a parcel in the overlay district could be developed with 10 homes under the current zoning but is approved for 16 homes using the overlay provisions, there would be 6 bonus units. The owner or developer would have to pay the development transfer fee for those 6 bonus units. The tentative proposal suggests that the transfer fee be $15,000 per bonus unit. This cost was derived based upon the typical per unit raw land cost for recent subdivisions in Gorham. In the example, the developer would have to pay a development transfer fee of $90,000 (6 bonus units times $15,000 per bonus unit) for the right to build the 6 additional units. This fee is proposed to be spread over all of the units within the subdivision and paid when the building permit for each unit is issued. Therefore in the example, a
development transfer fee of $5,625 ($90,000/16) would be paid for each of the 16 units in the subdivision.
The Town would take these fees and put them into an account that can only be used to purchase land or development rights from buildable land in other parts of the community. The priorities for land conservation include land adjacent to existing Town land, land along the rivers, agricultural land, land with natural resource, historic, or archeological significance, scenic land around Fort Hill, etc. Any land purchased with these fees would have to be permanently preserved for recreation or open space.
The proposed development standards require a minimum lot size of 8,500 square feet with 75 feet of street frontage for single-family lots if the current zone is anything other than Rural. If the current zoning is Rural, the minimum lot size is 12,750 square feet. The space standards allow the buildings to be located close to the street (minimum 15 feet for single-family homes) and establish a maximum setback as well to assure that there is the potential for a usable back yard on the lots.
To assure that the development that occurs in the overlay district at these higher densities is a positive addition to the community, the overlay district establishes additional performance standards dealing with the layout of lots, design of the development, access limitations, open space within the development, and the location of parking lots for multi-family housing and non-residential uses.
The proposed amendments also address the street construction standards for subdivisions that utilize the overlay provisions. These amendments require that these streets be built to the Town’s “urban” standards and that sidewalks be provided as they would be for other development in the villages. In addition, the amendments call for the planting of street trees I these subdivisions.
Revised May 31, 2006
Proposed Amendments
to the Land Use and Development Code
to Create a Development Transfer Overlay District
Note: Proposed additions to the ordinance are underlined;
Proposed deletions are
1. Amend Chapter I. Zoning Regulations by creating a new Section XVIII to read as follows:
SECTION XVIII – DEVELOPMENT TRANSFER OVERLAY DISTRICT
A, PURPOSE
The purpose of the Development Transfer Overlay District is to create livable, walkable neighborhoods in areas of the community where public sewerage is available or planned while minimizing development in other areas of the community where intensive development is not desired. This will be accomplished by allowing well-planned, higher density residential development in designated areas with public sewerage in exchange for the payment of a development transfer fee. The development transfer fee will be used by the Town to purchase conservation land and/or easements and open space.
B. APPLICABILITY
The provisions of this overlay district are optional. A land owner within the overlay district may choose to develop in accordance with the provisions of this overlay district or the provisions of the underlying zoning district. If the owner chooses to develop in accordance with these provisions, all subsequent development on the parcel shall then be subject to these requirements.
The provisions of this overlay district may only be utilized by new residential subdivisions or projects that are subject to site plan review and that meet all of the following provisions:
1) The development is located within the Development Transfer Overlay District as shown on map of the Development Transfer Overlay District adopted by the Town Council as part of the Official Zoning Map;
2) The development will be served by the public sewerage system of the Town of Gorham and all buildings with plumbing facilities within the development will be connected to the sewer system; and
3) The owner or developer will pay a development transfer fee in accordance with the provisions of E.1.
The provisions of this district supplement and modify the provisions of the underlying zoning district. Where the provisions of the overlay district differ from or conflict with the provisions of the underlying district, these provisions shall govern if the property owner has chosen to develop in accordance with the overlay district provisions. The plan of any development approved in accordance with the overlay district must include a plan note stating that the plan was approved in accordance with the Development Transfer Overlay District, that a development transfer fee will be required to be paid prior to the issuance of the building permit for each dwelling unit in the development, and that all future development of the original parcel or lots created as part of the approval must be done in accordance with the
provisions of the overlay district.
The provisions of the overlay district only apply to subdivisions and other developments approved in accordance with the overlay district and may not be applied to a lot(s) that is not located within a subdivision that was approved and developed in accordance with the provisions of the overlay district including the following:
1) lots within a subdivision that was approved prior to the effective date of this section,
2) lots in a subdivision that was approved and developed in accordance with the provisions of the underlying zoning district, or
3) lots that are not part of a subdivision.
C. PERMITTED USES
Only uses allowed in the underlying zoning district shall be permitted in the overlay district. Uses that are permitted uses in the underlying zoning district remain permitted use and uses that are special exceptions in the underlying zoning district remain special exception uses.
D. SPACE STANDARDS
The following space standards apply to the subdivision or project and to the lots within the subdivision based upon the underlying zoning district.
* Not more than ten percent (10%) of single and two-family dwellings within a subdivision may have a front yard or setback of more than twenty-five (25) feet provided that:
1) any lot with a front yard greater than twenty-five (25) feet may not abut another lot with a front setback of more than twenty-five feet, and
2) any lot with a front yard greater than twenty-five feet must be identified on the approved subdivision plan and the maximum front yard for the lot specified on the plan.
E. PERFORMANCE STANDARDS
In addition to the performance standards of Chapter II, all new subdivisions and developments that are approved in accordance with the provisions of the Development Transfer Overlay District must conform to the following performance standards. If these standards conflict with the performance standards of the underlying zone, these standards apply.
1. Development Transfer Fee and Calculations
a) Calculation of the Fee – The development transfer fee that must be paid by a subdivision or development shall be based upon the number of “bonus units” included in the approved subdivision or development plan. “Bonus units” are approved dwelling units in excess of the number of dwelling units that could be built on the site in accordance with the provisions of the underlying zone.
The number of “bonus units” shall be determined by the Planning Board as part of the approval of the subdivision or site plan. The number of bonus units shall be calculated by determining the maximum number of dwelling units that could be developed on the site based on the underlying zoning, site conditions, and allowable density bonuses and subtracting those units from the number of approved dwelling units.
The maximum number of dwelling units allowed in the underlying zone shall be calculated as follows:
1) If the underlying zone has a maximum density provision based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be calculated based upon this requirement and calculated by dividing the net acreage of the area proposed to be subdivided by the per unit factor, plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
2) If the underlying zone does not have a maximum density requirement based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be determined by multiplying the gross acreage of the area proposed to be subdivided by sixty-five percent (65%) to allow for access and unusable land and then dividing the resulting net area by the minimum lot size for one family dwellings or the minimum lot area per dwelling unit for two-family dwellings or multifamily housing plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
The total development transfer fee for a subdivision or project shall be calculated by multiplying the number of “bonus units” determined by the Planning Board times the per unit Development Transfer Fee established by the Town Council (tentatively proposed to be $15,000 per unit).
b) Payment of the Fee – The total development transfer fee for the subdivision or project shall be divided by the total number of approved dwelling units in the subdivision or project to determine the development transfer fee for each dwelling unit. The per dwelling unit development transfer fee shall be paid to Town at the time of the issuance of the building permit for each dwelling unit in the project.
c) Use of the Fee – Development transfer fees collected by the Town shall be deposited into a separate account and must be used only for acquiring the fee in or conservation easements on potentially developable land in areas where the Town desires to discourage growth in accordance with the priorities set forth below.
Any land acquired with development transfer fees must be permanently restricted from development and be used for conservation, passive and/or active recreation, and open space purposes. Development transfer fee revenue may be used in conjunction with other Town funds, impact fee revenue, or other private or government funding to acquire land or easements provided that the intent of this section is met.
The Town Council shall be guided by the following priorities in acquiring land or development rights/conservation easements with the development transfer fees:
- land that is adjacent to Town-owned recreational facilities or open space that is consistent with that use
- land that is adjacent to the Presumpscot or Little Rivers
- land that is currently in agricultural use and will remain in agricultural use
- land that is adjacent to land that is in agricultural use and that is permanently protected from development
- land with significant historical or archeological value
- land that has significant natural resource value but that is developable
- land within the viewshed from the top of Fort Hill toward Mount Washington with a priority for those parcels closest to the top of the hill
- land adjacent to or visible from arterial and rural collector roads in areas that are zoned Rural or a future low-density equivalent
- land that maintains the integrity of unfragmented habitat blocks
- other land that is identified as open space or conservation land in the Town’s Comprehensive Plan including land adjacent to the principal approaches to Gorham
2. Design Standards
All subdivisions and other developments are subject to the provisions of A. 6) of Chapter II. Section IV – Residential and the plan shall show how these criteria will be addressed.
3. Additional Standard for One and Two-Family Lots
If a subdivision approved in accordance with these overlay provisions contains individual lots that will be developed with one or two-family dwellings, the layout of those lots should be deeper than they are wide to provide a suitable, private rear yard. At least eighty percent (80%) of lots within the subdivision that will contain single-family or two-family dwellings must have an average lot depth that is at least one hundred forty percent (140%) of the lot width as measured between the side lot lines of the lot at the rear of the required minimum front yard.
4. Access Limitations
Access to subdivisions or developments shall be designed to minimize the number of entrances onto arterial or collector roads. Direct vehicular access to individual lots or uses from existing roads classified as arterials, collectors or sub-collectors shall not be allowed unless the Planning Board finds that there is no reasonable alternative access.
5. Open Space
A portion of any new subdivision or project with more than ten lots or units must be set aside within the development and permanently protected as open space to serve the residents of the project. This requirement is in addition to any requirement for the payment of a recreational facilities or open space impact fee. The total combined area of the open space set aside within the subdivision shall be a minimum of ten percent (10%) of the gross area of the parcel. This open space must include an area of usable land as defined by the net acreage provision that is at least five percent (5%) of the total net acreage of the parcel (For example, if the net acreage of the parcel is twenty acres then at least 5% or one acre of the open space must be usable land).
The required open space within the subdivision or project may be used for the following types of uses:
- formal open spaces such as greens, commons, and parks
- passive recreation areas
- natural resource or conservation areas
At least fifty percent (50%) of the required usable land within the open space shall be developed for formal spaces or recreation facilities. The Planning Board may waive or reduce this requirement if it finds that, due to the scale of the development, compliance with this requirement will not result in usable open space.
6. Parking Lot Locations
Parking lots for five or more vehicles to serve multi-family housing, apartments, and non-residential uses shall be located to the side or rear of the building where feasible. No parking lots for these uses shall be permitted in the required front yard area.
2. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways to revise the definitions of Sub collector Street and Access Street in sub-section D. DEFINITIONS to read as follows:
3) Sub collector Street: A street which is designed to carry traffic between local access streets and collector streets.
a) Rural Sub collector – Any street which is classified as a sub collector and located in either the Rural or Suburban Residential Districts, except for a sub collector street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, and which is . . . .
b) Urban Sub collector – All other streets which are classified as sub collectors, including a sub collector street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, shall be . . . .
4) Access Street: A local street designed to provide access to abutting property and to carry no more traffic than that generated by the uses along the street.
a) Rural Access Street: -- Any access street located in either a Rural or Suburban Residential District, except for an access street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, which serves . . . .
b) Urban Access Street – All other streets that are classified as access streets, including an access street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, shall be . . . .
3. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways to revise item 11) Sidewalks in sub-section F. STREET DESIGN STANDARDS – PUBLIC WAYS to read as follows:
11) Sidewalks – Sidewalks shall be provided within all subdivisions in the Village Center, Urban Commercial, Commercial Office, Office Residential, and Urban Residential Districts, and for all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements, with connection . . . .
4. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways by adding a new item 13) Street Trees in sub-section F. STREET DESIGN STANDARDS – PUBLIC WAYS to read as follows:
13) Street Trees – One street tree shall be planted on both sides of a street for every fifty (50) feet of street frontage within all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements. The type and location of the trees shall be subject to Planning Board approval in accordance with the provisions of A. 6) of Chapter II. Section IV – Residential. The preferred location of the street trees is within the esplanade or immediately behind the sidewalk either within the street right-of-way or on the individual lots.
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