§ 65.334-1. Master Plans With Modifications.

(a)

General requirements and purpose. In accordance with the requirements of this section, master plans may be approved with modifications to the development standards applicable to the governing zoning district. The purpose of this part is to provide an application and approval process for relatively small modifications to applicable development standards where the modification is consistent with the purpose and intent of the Growth Management Plan and results in a superior plan of development. Development standards eligible for modification pursuant to this part include:

1.

Impervious surface ratio (ISR). The maximum permitted ISR may be increased by up to 20% of the numerical standard (Example: where a maximum 0.55 ISR is allowed, the maximum modification is 20% × 0.55 = 0.11, for a total of 0.66 ISR).

2.

Minimum and maximum building setbacks. Minimum and maximum building setbacks may be modified by up to 20% of the applicable numerical standard. This applies to all setback standards, including without limitation, setbacks from bodies of water and wetlands, as long as the proposed setback from a body of water or wetland is consistent with applicable state or federal standards. In the AC-3A district, the rear yard setback may be reduced by up to 100% provided that no modification to the maximum permitted ISR is necessary to accommodate the reduced setback.

3.

Landscaping and buffer yards. The width of a required buffer yard may be reduced by up to 50% provided that no modification to the maximum permitted ISR is necessary to accommodate the reduced buffer yard. Landscaping may be modified as provided at sections 60.202 and 60.203 of this Code.

4.

Building height. The height of a building may be increased by up to 20% of the maximum permitted building height.

5.

Other development standards. Master plans may also approve modifications of standards as provided at sections 65.302 and 65.303 of this Code.

The list of permitted, prohibited, and condition uses are not a "development standard" for the purposes of this section. Development standards provided by a special plan overlay district are ineligible for a modification pursuant to this section if the special plan provides a procedure for the modification, waiver, or variance from the standard.

(b)

Review procedure. The application procedures, review process, standards of review, effects of approval, submittal requirements, opportunities for intensity and/or density bonus, and appeal procedures for a master plan with modifications are the same as for a regular master plan, except as follows:

1.

Standards of review. In addition to the standards of review provided at section 65.335 of this Code, master plans with modifications must also meet the following standards:

A.

Superior alternative. The proposed development achieves the purposes and intent of the development standard for which a modification is sought by providing a superior plan of development through thoughtful design, efficiency, or performance.

B.

Neighborhood compatibility. The proposed development is compatible with the surrounding neighborhood and does not negatively impact the public welfare.

C.

Technical impracticality. Strict application of the development standard would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions, or location of the land.

D.

Protection of significant features. Where applicable, the modification is necessary to preserve or enhance a significant existing environmental or cultural feature, such as trees, scenic areas, historic sites, or public facilities.

2.

Public notice. If the modification is associated with a master plan undergoing the formal review process, a general description of the proposed modification must be included in the public notice for the Municipal Planning Board meeting.

(c)

Justification for the modification. The applicant for a master plan with modifications must provide adequate information to support the request and must demonstrate that the request complies with the applicable standards of review.

(d)

Developments ineligible for master plan with modifications. The following developments are ineligible for approval by master plan with modifications:

1.

Proposed developments on sites greater than 10 acres in area.

2.

Proposed developments requiring modification to more than three development standards.

3.

Proposed developments comprised of solely single family, duplex, or townhome dwelling units, or some combination thereof.

4.

Proposed developments subject to review by the Baldwin Park Town Design Review Committee or the Southeast Town Design Review Committee.

(Ord. No. 2015-37, § 4, 7-27-2015, Doc. #1507271201)