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ZONING BYLAW - Town of Charlton

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5.12.2 Applicability<br />

Beginning on the date when this section <strong>of</strong> the Bylaw was approved by <strong>Town</strong> Meeting,<br />

no building permit for a new dwelling unit or units shall be issued unless in accordance<br />

with the schedule set forth in this Section, unless exempted pursuant to Section 5.12.5 <strong>of</strong><br />

this bylaw. This Section shall apply to all definitive subdivision plans, as well as to all<br />

Flexible Development projects proposed pursuant to Section 5.7 <strong>of</strong> this bylaw. Dwelling<br />

units shall be considered as part <strong>of</strong> a single development, for the purposes <strong>of</strong><br />

development scheduling, if located either on a single parcel or contiguous parcels <strong>of</strong> land<br />

that have been held in common ownership at any time on or subsequent to the date <strong>of</strong><br />

adoption <strong>of</strong> this bylaw.<br />

5.12. 3 Zoning Change Protection<br />

The protection against zoning changes as granted by Mass General Law Chapter 40A,<br />

Section 6 shall, in the case <strong>of</strong> a development whose completion has been restrained by<br />

this bylaw, be extended to the minimum time for completion allowed under this bylaw.<br />

5.12. 4 Development Rate Timetable<br />

A. Building permits for new dwelling units shall be authorized only in accordance with the<br />

following schedule. This applies to all definitive subdivision plans, as well as to all<br />

Flexible Development projects proposed pursuant to Section 5.7 <strong>of</strong> this bylaw, which will<br />

result in the creation <strong>of</strong> new dwelling units.<br />

B. The Planning Board shall not approve any development schedule that would result in the<br />

issuance <strong>of</strong> building permits that exceed the phased growth rate limitation set forth in this<br />

Section <strong>of</strong> the <strong>Charlton</strong> Zoning Bylaw.<br />

C. Building permits shall be issued as follows:<br />

Number <strong>of</strong> new dwelling units Percentage <strong>of</strong> total dwelling units per year*<br />

1-4 100%<br />

5-10 75%<br />

11-20 50%<br />

21-40 25%<br />

41 or more 20%<br />

* Percent <strong>of</strong> new dwelling units in the development for which building permits may be<br />

authorized per calendar year. The yearly schedule designated above commences from the<br />

date the Planning Board approves and signs the definitive subdivision plan or approval<br />

for the Flexible Development project.<br />

<strong>Charlton</strong> Zoning Bylaw, 09/2012 70

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