ZONING BYLAW - Town of Charlton

5.14.7 Ownership of the Contiguous Open Space. The contiguous open space shall, at the
Planning Board's election, be conveyed to
1. the Town or its Conservation Commission, subject to the public acceptance
requirements of the Board of Selectmen and Town Meeting;
2. a nonprofit organization, the principal purpose of which is the conservation of open
space and any of the purposes for such open space set forth above;
3. a corporation or trust owned jointly or in common by the owners of lots and/or units
within the FBDP, if applicable. If such corporation or trust is utilized, ownership thereof
shall pass with conveyance of the lots or units in perpetuity. Maintenance of such open
space and facilities shall be permanently guaranteed by such corporation or trust which
shall provide for mandatory assessments for maintenance expenses to each lot/unit. Each
such trust or corporation shall be deemed to have assented to allow the Town to perform
maintenance of such open space and facilities, if the trust or corporation fails to provide
adequate maintenance, and shall grant the town an easement for this purpose. In such
event, the town shall first provide fourteen (14) days written notice to the trust or
corporation as to the inadequate maintenance, and, if the trust or corporation fails to
complete such maintenance, the town may perform it and recover from the trust or
corporation the costs of performing the maintenance and all expenses, including attorney
fees (town counsel oherwise), incurred in enforcing the requirements set forth in this
section, which costs and expenses shall constitute a lien upon each of such lot/unit. Each
individual deed, and the deed or trust or articles of incorporation, shall include provisions
designed to effect these provisions. Documents creating such trust or corporation shall
be submitted to the Planning Board for approval, and shall thereafter be recorded.
5.14.8 Decision. The Planning Board may approve, approve with conditions, or deny an
application for a FBDP after determining whether the FBDP better promotes the purposes
set forth in Section 5.14.1 than would a conventional commercial or industrial
development of the same property.
5.14.9 Relation to Other Requirements. The submittals and permits of this section shall be in
addition to any requirements of the Subdivision Control Law or any other provisions of
this Zoning By-Law.
5.15 INCLUSIONARY ZONING SPECIAL PERMIT
AFFORDABLE HOUSING – INCENTIVE OPTION
A. Purpose and Intent
The purpose of this incentive option is to increase the supply of affordable housing in the Town
of Charlton. This Bylaw aims to ensure that such housing is affordable over the long-term and
provided in accordance with the requirements of Massachusetts General Laws Chapter 40B and
its implementing regulations as promulgated by the Department of Housing and Community
Development (DHCD), Charlton’s Zoning Bylaw, and the Charlton Master Plan.
Charlton Zoning Bylaw, 09/2012 76