Bill > H1868

This bill amends Chapter 40A, Section 9, of existing law to promote "smart growth" by ensuring that cluster developments are allowed in residential zoning districts. Cluster development is a type of land development that concentrates housing in specific areas on a parcel of land, preserving open space, natural habitats, and agricultural land elsewhere on the property. The bill removes language that previously allowed for the removal of cluster developments and then inserts new language stating that zoning ordinances or by-laws must permit cluster developments by right in residential zoning districts. This means that if a property is zoned for residential use, a cluster development can be approved without needing special permission, as long as it meets the density allowed in that district and is reviewed and approved by a planning board according to subdivision control rules. Importantly, the bill also clarifies that zoning rules cannot require developers to submit a plan for a standard subdivision (a traditional division of land into lots) before a cluster development plan can be approved.