ZONING BYLAW - Town of Charlton

given. If the Board determines that a proposed revision constitutes a substantial change,
a public hearing shall be held at the expense of the applicant.
5.7.3.7 Streets constructed within the flexible development shall conform to the
applicable requirements of the Rules and Regulations Governing the Subdivision of
Land.
5.7.4 Open Space
5.7.4.1 The open space to be permanently restricted shall be conveyed to one of the
following:
a. The Town of Charlton for conservation, recreation, agricultural or park purposes if
accepted by a Town Meeting;
b. A non-profit organization the principal purpose of which is the conservation of open
space;
c. A corporation or trust owned or to be owned by the owners of lots or residential units
within the flexible development.
The Board may also require that scenic, conservation or historic easements be deeded to
the Town or other non-profit organization.
5.7.4.2 The special permit shall state any restrictions on the use of the open space.
Where such land is not conveyed to the Town, it shall be covered by a restriction,
enforceable by the Town or a non-profit organization, running with the land, which
provides that such land shall be used only for the purposes specified in the special permit.
Such restrictions may provide easements for underground utilities but they shall not
permit wells or septic systems upon the land. The open space may not be developed for
uses accessory to the residential use such as parking or roadways. Wherever practical,
the open space shall be contiguous to other protected open space or bodies of water.
5.7.4.3 If the open space subject to the restrictions established by the special permit is to
be owned by a corporation or trust in accordance with 5.7.4.1 c., maintenance of the
common land shall be permanently guaranteed through the establishment of an
incorporated homeowners association which provides for mandatory membership by the
lot or unit owners, assessments for maintenance expenses, a general liability insurance
policy covering the open space, and a lien in favor of the Town of Charlton in the event
of the lack of maintenance. The terms of the lien shall provide that the Town may, if it
determines that required maintenance has not been accomplished as required by the
conditions of the special permit, perform the required maintenance and assess the
members of the corporation or trust, or the corporation or trust itself, for the cost of such
maintenance. Copies of the documents creating the corporation or trust and the general
liability insurance policy shall be submitted to the Planning Board for review and
Planning Board acceptance and shall be recorded at the Worcester District Registry of
Charlton Zoning Bylaw, 09/2012 47