§ 5-8
Land unsuitable for development
[Ord. No. 08-31, 10-7-2009]
When determining lot coverage, or when calculating the number of residential building lots or dwelling units permitted on any parcel, or the allowable maximum number of dwelling units for a conservation development (see Article 11), land unsuitable for development shall not be included in the total parcel area from which the calculations are based.
Land unsuitable for development is land which has severe or very severe limitations for development. The following regulations shall apply:
- (a) Developments serviced by sewers. In areas serviced by sewers, land included in all of the following categories shall be considered unsuitable for development:
- (1) Fresh water wetlands, exclusive of areas of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, or pond, or any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by G.L. § 2-1-20, as amended;
- (2) Areas within a one-hundred-year flood zone, as defined by the Federal Emergency Management Agency (FEMA);
- (3) Land within the right-of-way of any existing or proposed public or private street;
- (4) Land within any publicly or privately held easement on which aboveground utilities, including, but not limited to, electrical transmission lines, are constructed;
- (5) Areas with slopes in excess of 15% that are within the limit of disturbance of the development; and
- (6) Cemeteries.
- (b) Developments not serviced by sewers. In areas not serviced by public sewers, land included in all of the following categories shall be considered unsuitable for development:
- (1) Fresh water wetlands, including areas of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, or pond, and any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by G.L. § 2-1-20, as amended;
- (2) Areas within a one-hundred-year flood zone, as defined by the Federal Emergency Management Agency (FEMA);
- (3) Land within the right-of-way of any existing or proposed public or private street;
- (4) Land within any publicly or privately held easement on which aboveground utilities, including, but not limited to, electrical transmission lines, are constructed;
- (5) Areas with slopes in excess of 15% that are within the limit of disturbance of the development; and
- (6) Cemeteries.
- (c) Substandard lots of record exempt. Lots of record which are substandard by area, are exempt from the provisions of this section when calculating allowable maximum lot coverage.