The Town of Hampstead recognizes that common open space (open space)
created by the planned unit development process is a resource that is intended
to benefit both the residents of a subdivision and, because of its status,
the greater community. Open space generally serves a number of functions,
including conservation of natural resources and environmentally sensitive
land; screening and buffering of residents from other land uses and developments;
preservation of scenic vistas and rural characteristics; and recreational
areas. Open space may include places for active and passive recreation, such
as tot lots, athletic fields or walking trails. The purpose of this chapter
is to preserve and maintain open space in accordance with approved site plan
or subdivision plans for the perpetual use and enjoyment of the community
and the benefit of the natural environment.
Passive open space shall be generally preserved in a natural state and
the use of such land shall be limited to appropriate conservation and passive
recreational purposes. Active open space, such as tot lots, ball fields, basketball
or volleyball courts, or other improved areas shall be properly maintained
by the property owner or other responsible party to allow safe and reasonable
use by residents.
As used in this chapter, the following terms shall have the meanings
indicated:
COMMON OPEN SPACE
Undeveloped land within a subdivision that has been designated, dedicated,
reserved, or restricted in perpetuity from further development and set aside
for the use and enjoyment by residents of the development and/or the community.
Open space shall not be part of individual residential lots. It shall be substantially
free of structures, but may contain historic structures and archaeological
sites, including burial sites and/or such recreational facilities for residents
as indicated on the approved development plan.
DEVELOPMENT PLAN
A subdivision and/or site plan approved by the Planning and Zoning
Commission..
NATURAL STATE
Land that is generally undisturbed by human intrusions, including
but not limited to, construction; filling or excavation; removal or destruction
of trees, shrubs or vegetation (live or dead); and activities detrimental
to drainage, flood control, water conservation, erosion control, soil conservation
or the preservation of wildlife. "Natural state" may also be land that has
been altered to create stormwater management, drainage or other facilities
but allowed to return to a natural condition.
RECREATION, ACTIVE
Activities that require physical exertion by people and/or cause
physical alterations to the land.
RECREATION, PASSIVE
Minimally intrusive activities that allow the land to remain essentially
in its natural state.
UNBUILDABLE LAND
The area of a site that includes wetlands and submerged areas, slopes
of 25% or more and the one-hundred-year floodplain.
Any violation of this chapter shall be a municipal infraction subject
to a fine not to exceed $500. Each day a violation shall continue shall constitute
a separate infraction.