A.Â
It is the intent of this section to establish
minimum common open space requirements for all residential developments
and standards and requirements which shall constitute prerequisites
for approval of common open space and use areas and/or facilities.
These provisions shall apply to all such proposed areas and facilities,
including but not limited to conventional subdivisions, planned unit
developments, planned residential developments, and multifamily developments.
B.Â
These provisions are designed to ensure
that all common open space and use areas and/or facilities are planned,
constructed, managed, and maintained in a suitable manner. They are
necessary to ensure that such areas become integral parts of various
developments as proposed at the time of approval. Where a proposed
greenway shown in the Comprehensive Plan of the Town or Caroline County
crosses a proposed subdivision, a greenway public use easement of
at least 25 feet shall be provided.
The following requirements governing
the approval of common open space and use areas and/or facilities
shall apply to all residential developments:
A.Â
Minimum common open space requirements
for residential developments are as follows:
B.Â
Not less than 50% of the minimum required
common open space shall be in a form usable to and accessible by the
residents, such as community greens or commons, tot-lots, neighborhood
parks, recreational playing fields, woodland walking trails, other
kinds of footpaths, a community park, or any combination of the above.
C.Â
Common open spaces may contain such complementary
structures and improvements as are necessary and appropriate for the
use, benefit, and enjoyment of residents of the development. Common
open space provided for the purpose of protection of existing site
features may include areas in agricultural use if permanently conserved
by easement.
D.Â
The Planning Commission may permit a fee
in lieu of dedication of common open space when the applicant cannot
adequately meet the common open space requirements outlined herein
or if the proposed development is for less than 20 lots or units.
The fee in lieu shall be on a per-dwelling-unit basis as established
by the Town of Denton. The fee shall be listed with the annual schedule
of fees for the Town and may change from time to time. Fees will be
collected upon application for a building permit. The fee shall be
deposited only in a designated account with funds expended only for
planned park and recreation facilities.
E.Â
Open space requirement, ownership.
(1)Â
Private ownership. If common open
space and recreation facilities are not dedicated to public use, they
shall be protected by legal arrangements, satisfactory to the Planning
Commission, sufficient to assure their maintenance and preservation
for whatever purpose they are intended. Covenants or other legal arrangements
shall specify ownership of the open space, method of maintenance,
maintenance taxes and insurance, compulsory membership and compulsory
assessment provisions and guarantees that any association formed to
own and maintain open space will not be dissolved without the consent
of the Planning Commission.
(2)Â
Common open space. Unless the Planning
Commission finds that the size, location, type of development, cost
of development, maintenance of such common open space or the availability
of public open space would make public use desirable and necessary,
common open space shall not be made available for the use of all residents
of the Town. The Planning Commission generally will require dedication
of all areas indicated for acquisition in the adopted Caroline County
Open Space and Recreation Plan or Town Comprehensive Plan.
F.Â
Management of common open space property.
The developer shall insure that the common open space and improvements
not dedicated and accepted for public ownership are maintained and
cared for, and the developer shall provide for and establish an organization
for the ownership, maintenance, and preservation of common open space
which shall conform to the following standards and procedures:
(1)Â
The organization shall be established
by the developer before sale or rental of dwelling units in the development
and prior to final approval of the development plan by the Planning
Commission.
(2)Â
The financial and organizational
structures, rules of membership, and methods of cost assessment of
the organization shall be devised to insure the successful fulfillment
of the maintenance, preservation, and improvement responsibilities
of the organization.
(3)Â
The organization will be responsible
for maintenance, preservation, and improvement of common open space
lands, and all property owners within the development shall participate
in such organization.
(4)Â
Areas set aside to meet the common
open space requirements hereof shall be adequately described. Instruments
in the form of deed restrictions and/or covenants shall be provided
to insure the purpose for which the common open space is provided
will be achieved. Said instruments shall be approved by the Town Council
prior to recordation among the land records.
G.Â
Bond for improvements. Prior to the issuance
of a building permit, there shall be delivered by the owner or developer
some form of surety acceptable to the Town in an amount as specified
by the Town, which shall be submitted with the final subdivision plat,
which surety shall secure an agreement to construct required physical
improvements required as a condition of final approvals.
H.Â
Homeowners' associations. Homeowners' associations or similar legal entities that, pursuant to the requirements of Subsection F, are responsible for the maintenance and control of common areas, including stormwater management facilities, recreational facilities and open space, shall be established in such a manner that:
(1)Â
Provision for the establishment of
the association or similar entity is made before any lot in the development
is sold or any building occupied;
(2)Â
The association or similar legal
entity has clear legal authority to maintain and exercise control
over such common areas and facilities;
(3)Â
The association or similar legal
entity has the power to compel contributions from residents of the
development to cover their proportionate shares of the costs associated
with the maintenance and upkeep of such common areas and facilities;
and
(4)Â
Each purchaser of a lot or unit is
given adequate and specific notice of the homeowners' association
requirements and the association's authority to compel compliance.
I.Â
Flexibility in administration authorized.
(1)Â
The requirements set forth in this
article concerning the amount, size, location, and nature of recreational
facilities and common open space to be provided in connection with
residential developments are established by the Town as standards
that presumptively will result in the provision of that amount of
recreational facilities and common open space that is consistent with
the Town Comprehensive Plan. The Town recognizes, however, that due
to the particular nature of a tract of land, or the nature of the
facilities proposed for installation, or other factors, the underlying
objectives of this article may be achieved even though the standards
are not adhered to with mathematical precision. Therefore, the Planning
Commission is authorized to permit minor deviations from these standards
whenever it determines that:
