[1]
Editor's Note: This article title, which formerly
read "Design Standards," was amended 5-7-2007 by Ord. No. 2007-12.
[Amended 5-7-2007 by Ord. No. 2007-13]
The standards of construction, architecture
and design herein contained are intended only as minimum requirements.
The Town, through planning staff or the Planning Commission, may require
additional specific site configuration and design elements that may
include site layout, architectural, style, streetscape, lighting and
other aspects in order to achieve compatibility with the character
of the surrounding area and vicinity, and carry out the intent of
this Code to assure a high-quality, pleasant, sustainable and durable
neighborhood. All development, including commercial, residential and
industrial (including infill and redevelopment) shall conform to the
Town Comprehensive Master Plan.
[Added 10-6-2008 by Ord. No. 2008-04]
The Town of Mount Airy hereby adopts Chapter 103, Development and Subdivision of Land, Article IV, Environmental Site Delineation (§§ 103-12, 103-13 and 103-14), of the Carroll County Code and all amendments thereto to be effective within the limits of the Town of Mount Airy and enforceable in accordance with the provisions thereof, except that once plans or permits are approved, new environmental site delineation approval is not required if construction begins within nine years. Whenever Chapter 103, Article IV, of the Carroll County Code refers to "the County," these words shall be construed to refer to the Town of Mount Airy whenever such construction would be reasonable.
A.
One-hundred-year floodplain. No grading, filling or
other alteration shall take place within the one-hundred-year floodplain
except for construction of road or utility crossings when no feasible
alternative location exists. Land within the one-hundred-year floodplain
shall be considered nonbuildable and shall not be considered as part
of the required minimum lot area.
B.
Nontidal wetlands and wetland buffer.
(1)
On all concept, preliminary, or final subdivision
plans, on all site plans, and on any plan submitted in conjunction
with building permit applications, the plans shall show any nontidal
wetlands and wetland buffer area present on the site.
(2)
(3)
For the initial indication of the presence of nontidal
wetlands on a site, the developer shall consult one or more of the
following:
(a)
Soils classified as hydric by Carroll County,
Frederick County or the U.S. Soil Conservation Service;
(b)
Mapped wetlands on the National Wetlands Inventory;
(c)
Mapped wetlands on any maps which may hereafter
be prepared by the State of Maryland, Carroll County, or Frederick
County; or
(d)
The presence of wetland vegetation and/or wet
soils as determined in the field by qualified personnel of the Town
of Mount Airy or other government agencies.
(4)
If any of the foregoing indicates the possible presence
of nontidal wetlands on a site, it shall be the responsibility of
the developer to have the nontidal wetland areas identified and delineated
by qualified personnel. The nontidal wetlands and surrounding wetland
buffer areas shall be delineated on the preliminary subdivision plan
or site plan and supporting evidence shall be included with the plan
submittal. The delineated nontidal wetland and wetland buffer limits
shall be approved by the Town of Mount Airy or other public agency
or consultant acting as its representative.
(5)
No grading, filling or other alteration shall take
place within a delineated nontidal wetland or wetland buffer except
for construction of roads, utilities or facilities for stormwater
management when no feasible alternative location exists outside the
wetlands area.
(6)
The nontidal wetlands area and wetland buffer area
shall be dedicated in fee to the Town of Mount Airy, at the Town's
request, or dedicated as an easement to the Town of Mount Airy, and
shall be shown as such on all record plats.
(7)
When any construction or grading is proposed within
a delineated nontidal wetlands area or wetland buffer area, all required
permits shall be obtained from the Army Corps of Engineers, Maryland
Department of the Environment, Maryland Division of Natural Resources,
or such other public agencies as may be authorized to regulate activity
in wetlands. Application shall be made to the appropriate agencies
prior to the final approval of the subdivision or site plan by the
Planning Commission. Any required wetlands permits shall be obtained
prior to the issuance of grading or building permits. Preliminary
or final approval of a site plan or subdivision by the Town of Mount
Airy shall not supersede any requirements or conditions imposed by
the permitting agencies. A copy of each wetland permit shall be included
with the initial grading or building permit application.
C.
Streams and stream buffers. No grading, filling or
other alteration shall take place within a delineated stream or stream
buffer except for construction of road or utility crossings when no
feasible alternative to the stream crossing exists. Streams and stream
buffers shall be considered nonbuildable and shall not be considered
as part of the required minimum lot area.
D.
Steep slopes. Areas of existing grading in excess
of 25% shall be considered nonbuildable and shall not be considered
as part of the required minimum lot area except upon approval of the
Planning Commission.
E.
Water supply protection requirements.
(1)
For all subdivisions and site plans, the developer,
at the time of filing a development plat or earlier, shall contact
the Planning Commission for a determination of whether the development
or any part of it is within the water recharge area of any of the
Town's well fields. If it is determined by the Commission that the
development does not lie within any recharge area, the developer may
proceed with the normal processing of the development plan.
(2)
If the Commission determines that any part of the
development is within a recharge area, the following procedure will
apply:
(a)
The preliminary plan or site plan shall contain
information prepared and certified to by a professional hydrogeologist
which plan will delineate the portion of the development within any
recharge area and shall contain projected water demand of the development
and projected effect upon aquifer recharge rate, which projections
shall be made upon assumption of development to maximum density as
permitted by zoning and these regulations and separate projections
based upon any lesser density the developer chooses to propose.
(b)
Said plan shall also state in terms of square
footage and percent of the overall area of the development the amount
of impermeable surface that will be within the proposed development,
the phrase "impermeable surface" meaning to include roof areas, walks,
roads, streets and other paved or covered areas. If a final development
plan is approved, the same shall state the maximum percent of impervious
area for each lot within the recharge area and building permits shall
not be issued when their effect would be to exceed the amounts of
impermeable surface as shown when taken in conjunction with areas
of streets, etc. constructed or planned for the development
(c)
If the projections provided for in Subsection E(2)(a) show an adverse or negative impact upon aquifer recharge, the developer may propose means of reducing areas of impermeability and measures of increasing the recharge rates or amounts, such as catchment basins, roof drain collection, open space areas, dry ponds and the like.
(d)
All preliminary or site plans for development
wholly or partly within a recharge area shall be referred to the Town
Council for review and comments prior to Planning Commission action
thereon.
(e)
The Commission may disapprove the preliminary
or site plan if, in its judgment, the proposed development can be
reasonably expected to decrease the current recharge rate of the site
by more than 10%, or create a water demand on the site greater than
the estimated groundwater recharge rate for the property. In approving
any development hereunder, the Commission may do so subject to such
conditions and restrictions as it may consider reasonably necessary
to protect the sources of the Town's water supply, including a reduction
of density that would otherwise be permitted if the development was
not within a recharge area.
(f)
In approving any plan hereunder, the Commission
shall not allow any modification of housing types or cluster development
except as permitted in the zoning district where the development is
proposed, nor shall street standards as elsewhere provided in these
regulations be reduced or modified.
(g)
These regulations shall apply to future well
recharge areas as well as to existing well recharge areas.
A.
The arrangement, character, extent, width, grade,
and location of all streets shall conform to a plan for the most safe,
advantageous development of adjoining areas and the entire neighborhood.
C.
Where such is not shown on the Comprehensive Master
Plan, the arrangement of streets in a subdivision shall either:
(1)
Provide for the continuation or appropriate projections
of existing principal streets; or
(2)
Conform to a plan for the neighborhood approved or
adopted by the Planning Commission to meet a particular situation
where topographical or other conditions make continuance or conformance
to existing streets impracticable.
D.
Where a subdivision abuts or contains an existing
or proposed street, major thoroughfare, or other disadvantageous use,
the Commission may impose requirements concerning streets, access
drives, reverse frontage lots, or any other such requirements as may
be necessary to insure the character of the neighborhood.
E.
Access. Reserve strips controlling access to streets
or alleys shall be prohibited.
F.
Alignment.
(1)
Where appropriate to design, proposed streets shall
be continuous and in alignment with existing, planned, or platted
streets with which they are to connect.
(2)
Street jogs with center-line offsets of less than
125 feet shall be avoided.
(4)
Between reverse curves on collector and local access
streets there shall be a tangent at least 100 feet long.
G.
Alleys. Alleys shall be included in all commercial
and industrial areas if no other provisions are made for adequate
access to parking and loading spaces. Alleys will not be approved
in residential districts. In the absence of alleys, easements will
be required for utility lines or drainage, such easements being a
minimum width of 12 feet or 6 feet on each side of a property line.
H.
Cul-de-sac. Cul-de-sac-type streets shall not be permitted
unless the Planning Commission finds that it is the best alternative
to serve the area. When approved by the Planning Commission, cul-de-sac-type
streets shall be no longer than 800 feet in low-density residential
zones and 500 feet in medium- and high-density residential zones.
All culs-de-sac shall be provided with a turnaround at the closed
end having a minimum right-of-way radius of 60 feet and the roadway
(pavement) having a minimum radius of 50 feet to the exterior curbline.
The center of a cul-de-sac shall be a landscaped area with curbing
around the perimeter. A minimum of 14 feet of paved width shall be
provided between the landscaped area and outside curb.
I.
Grades.
(1)
Grades will not be less than 1/2 of 1% in order to
promote proper drainage. Unless approved by the Town Council, grades
shall not exceed the following:
(2)
All changes in grade shall be connected by vertical
curves of sufficient length to provide smooth transition and proper
sight distances.
(3)
Grades at the point of intersection of two streets
shall be 3% or less for a distance of 50 feet in all directions from
the point of right-of-way intersection.
J.
Half-width streets. Subdivisions adjoining dedicated,
reserved or platted and recorded half-width streets or alleys shall
dedicate or reserve an additional right-of-way width sufficient to
bring the overall street to the width requirements of this chapter.
K.
Spacing. Streets shall be spaced to allow for blocks meeting the dimensional requirements specified herein. The number of intersections along highways and other major roads shall be held to a minimum, normally spaced as indicated in Subsection L following.
L.
Minimize interference with through traffic. Land abutting
the major thoroughfare and principal collectors as designated by the
Town's Major Highway Plan should be platted with the view of making
the lots, if for residential use, desirable for such use by cushioning
the impact of heavy traffic upon them; also minimizing interference
with traffic on such highways, roads, and streets as well as accident
hazards from all kinds of subdivisions.
(1)
This may be done:
(a)
By backing the lots upon the highway so that
they front on, and have access from a parallel minor street one-half
block away.
(b)
By arranging the lots around a series of loop
streets or dead-end streets stemming from a collector street. Such
loops or dead ends shall be one lot depth away from the highway.
(2)
The choice between the foregoing or other methods
for accomplishing the desired purpose in a specific case must necessarily
be made in consideration of topography and other physical conditions,
the character of existing and contemplated developments, and other
pertinent factors. In all cases the minimum distance between street
connections shall be as follows:
Along Arterials
|
Along Collectors
|
Along Locals
| ||
---|---|---|---|---|
Minimum distance between center lines of intersections
(feet)
|
750
|
500
|
200
|
(3)
New residential lot driveways will not be permitted
on arterial and collector streets.
M.
Outlots. Outlots shall be provided where necessary
for access to adjoining properties or where necessary to provide an
appropriate future street pattern.
N.
Private streets. Private streets will not be approved.
This condition will be noted on the final plat. Driveways leading
to individual lots or driveways leading to common parking spaces such
as in multifamily residential projects shall not be considered streets.
Any lot of record not fronting on an existing street shall have access
to an existing street through a right-of-way sufficiently wide to
be developed as a public street.
O.
Street names. Street names shall be subject to approval
by the Town. Names shall not duplicate or closely approximate existing
street names in the Town or adjoining counties except for extension
of existing streets.
P.
Right-of-way width and pavement width. Minimum widths
for the right-of-way of streets, alleys and easements shall be as
follows (Extra widths may be required where necessary):
Right-of-Way
(feet)
|
Pavement
(feet)
| |||
---|---|---|---|---|
Collector streets:
| ||||
Residential
|
60-70
|
36-40
| ||
Commercial and industrial
|
70
|
40
| ||
Local access:
| ||||
Residential
|
50-60
|
34-36
| ||
Industrial and commercial
|
60
|
36
| ||
Service roads
|
40
|
24
| ||
Culs-de-sac
|
60 radius
|
50 radius
| ||
Alleys
|
20
|
--
| ||
Crosswalks
|
10
|
5 if needed
| ||
Easements (utility)
|
6
|
--
| ||
Easements (drainage)
|
What the Town Planning Commission feels is necessary.
|
NOTE: Residential right-of-way and pavement requirements depend upon density of development. Refer to Street Design Standards Table (Subsection S) for specific details. Parking is not intended on service streets.
|
Q.
Specifications. All streets, alleys and other public
ways, whether temporary or permanent, shall be constructed or installed
under the supervision of the Town Engineer and in accordance with
these regulations and the approved Mount Airy's Standard Specifications
and Details for Construction. Some standardized construction drawings
are available from the Town. Curbs and gutters shall be provided for
all streets and shall be installed under the supervision of the Town
Engineer and in accordance with specifications approved by the Planning
Commission and Town Council. Sidewalks shall be provided by the developer
of each subdivision across the full extent of the lot which abuts
a street or streets. Sidewalks shall be provided by the developer
at his own expense. All sidewalks shall be installed in accordance
with specifications provided by the Town Engineer as approved by the
Planning Commission and Town Council.
R.
Intersections.
(1)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60º. (Requirements
for intersection with state roads shall not be less than 70º
nor greater than 110º.) The block corner of street intersections
with county or state highways shall be rounded on the right-of-way
line with a curve having a radius of not less than 25 feet; at minor
residential street intersections the minimum radius shall be not less
than 20 feet.
(2)
Curbs at street intersections shall be rounded with a radius of a minimum distance as specified in Subsection S, that the Planning Commission deems it necessary for purposes of public safety. At street intersections with state highways, the street curb or edges of paving shall be rounded off by an arc, the minimum radius of which shall be 30 feet. A street intersection with the state highway will be subject to the rules and regulations of the Maryland State Highway Administration.
(3)
Intersections of more than two streets at a point
shall be prohibited.
S.
Street design standards summary.
[Amended 11-4-2002 by Ord. No. 2002-19]
Local Street
|
Collector Street
| ||||||
---|---|---|---|---|---|---|---|
Development Density(a)
|
Low
|
Medium
|
High
|
Low
|
Medium
|
High
| |
Right-of-way width (feet)
|
50
|
60
|
60
|
60
|
60
|
70
| |
Pavement width (feet)
|
34
|
34
|
36
|
36
|
36
|
40
| |
Vertical face curb
|
Maybe
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
Sidewalk width (feet)
|
4
|
5
|
5
|
5
|
5
|
6
| |
Sidewalk distance from back of curb (feet)
|
5
|
6
|
6
|
6
|
6
|
6
| |
Minimum site distance over a hill (feet)
|
150(b)
|
150(b)
|
150(b)
|
300
|
300
|
300
| |
Maximum grade
|
8%
|
8%
|
8%
|
7%
|
7%
|
7%
| |
Maximum cul-de-sac length (dead-end street with
a turnaround) (feet)
|
800
|
500
|
500
|
|
|
| |
Minimum center-line radii around curve (feet)
|
150
|
150
|
150
|
300
|
300
|
300
| |
Minimum curbing radius (feet)
|
20
|
20
|
25
|
25
|
30
|
40
| |
Design speed (mph)
|
20
|
20
|
20
|
30
|
30
|
30
| |
On-street parking (feet)
|
8 width, 22 length
|
8 width, 22 length
|
8 width, 22 length
|
8 width, 22 length
|
8 width, 22 length
|
8 width, 22 length
| |
Off-street parking
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
| |
Streetlighting
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
NOTES:
(a) Density refers
to the residential zoning classification of the land being subdivided.
Commercial or industrial subdivision roads must meet the design standards
of high-density development either local or collector streets as determined
by the Planning Commission.
(b) If this is impractical
because of topographic conditions, may be decreased to 110 feet for
local and 200 feet for collectors upon approval by the Town Planning
Commission.
|
A.
The lengths, widths, and shapes of blocks shall be
determined with due regard to:
B.
Block lengths shall not exceed 1,320 feet or be less
than 500 feet.
C.
Business and industrial blocks may be specially designed
to serve their particular purposes, which designs shall be subject
to approval by the Town Planning Commission.
D.
Crosswalks. In any block more than 1,000 feet long,
a crosswalk may be required to improve access to a school, church,
playground, bus stop, or other pedestrian objective.
Building lines along each street shall be drawn
on the plat, and side and rear building lines noted as required by
zoning regulations. The locations of these lines shall be clearly
indicated by dimensions.
A.
Easements shall be provided for utilities on all lot
lines other than those abutting a street right-of-way line and shall
be centered on rear or side lot lines. Such easements shall be designed
to provide continuity from block to block.
B.
An easement running along all property lines shall
be shown and shall be a minimum of 6 feet on each side of the line.
C.
Where a subdivision is traversed or borders a stream
or watercourse, there shall be provided a stormwater easement or drainage
right-of-way not less than 20 feet wide dedicated to the Town of Mount
Airy.
A.
Lots shall be of such size, shape, and orientation
as will be appropriate for the location, and for the type of development
contemplated.
B.
The creation of panhandle or pipe stem lots shall
be prohibited.
C.
Corner lots shall have widths sufficient to meet the
yard requirements of such lots in the Zoning Ordinance.
D.
All lot measurements shall be net measurements, not
including any part of any street, alley, or cross walkway. Easements,
however, shall be regarded as within the lot.
E.
Where unusual soil conditions or other physical factors
exist which may impair the health and safety of the residents of the
neighborhood in which a subdivision may be located, the Town Planning
Commission may increase lot area requirements.
F.
Excessive depth in relation to width shall be avoided.
A proportion of 2 1/2 in depth to one in width shall normally
be considered as a desirable maximum.
G.
Front and rear lot lines.
[Added 6-4-2001 by Ord. No. 2001-3]
(1)
Such plans shall designate a front and rear lot line
for each residential lot, including through lots, subject to approval
by the Planning and Zoning Commission. If no front and/or rear lot
line are delineated on the plat, the Zoning Administrator or Planning
and Zoning Commission shall determine which is the front and rear
lot lines based on the following factors:
(2)
Front and rear lot lines shall be uniform for each
street or road in a subdivision.
Whenever the area is divided into lots larger
than ordinarily used in the area for building purposes, and there
is reason to believe that such lots will eventually be resubdivided
into smaller building lots, consideration shall be given to the street
and lot arrangement of the original subdivision so that additional
minor streets can be opened which will permit a logical arrangement
of smaller lots. Easements or deeds providing for the present or future
opening and extension of such streets, may, at the discretion of the
Town Planning Commission, be made a condition of the approval of the
plat.
Where a proposed park, playground, school or other public use shown on the Comprehensive Master Plan for Mount Airy is located in whole or in part in a subdivision, such sites shall be indicated on the subdivision plat. School, park and other public sites other than the reserve recreation area required pursuant to § 98-23 of these regulations are to be reserved and negotiated within one year of the recording date of the subdivision.
[Amended 5-3-2010 by Ord. No. 2010-2]
A.
BASE DENSITY
COMMUNITY OPEN SPACE
ENVIRONMENTAL RESOURCE AREA
GREEN SPACE
HISTORICAL FLOODPLAIN
IMPERVIOUS COVER
LOT WIDTH
NATURAL CONDITION
NET DEVELOPABLE ACREAGE
OPEN SPACE
OPEN SPACE DEVELOPMENT
OPEN SPACE EASEMENT
RIGHT-OF-WAY
SETBACK AREA
SETBACK LINE
STREAM BUFFER
For the purposes of this section, the following terms have the following
meanings:
The original density permitted under the property's residential
zoning category (dwelling units per acre).
The area of open space remaining after natural open space
has been designated. The area may be used for passive or active recreation
and must be suitable for dry ground activity. Central parks and tot-lots
are encouraged.
The area of a site that includes wetlands and submerged areas,
slopes of 25% or more and the historical floodplain. These areas are
considered unbuildable land.
Open space maintained in a natural, undisturbed or revegetated
condition, but could or should include a walk path or bike path to
encourage connectivity and promote an added benefit throughout.
That area which, assuming ultimate development of its watershed
based on current zoning, would be inundated by water runoff from the
one-hundred-year storm.
Any surface in the urban/suburban landscape that cannot effectively
absorb or infiltrate rainfall.
The width of a housing lot (in feet) that fronts along the
street.
The topography and vegetation of an area that is unaltered
by clearing and grading during construction and protected in perpetuity.
A portion of a development site that is permanently set aside
for public or private use and will not be developed. Open space may
be community open space or green space. However, open space does not
mean land considered unbuildable, existing rights-of-way and utility
easements, setbacks and lawns, stormwater management (unless unique
forms are used that preserve the area in a natural or forested condition)
or roads and parking areas.
A development pattern that arranges the layout of buildings
in a compact area of the sites to reserve a portion of the site for
community open space or green space that is protected in perpetuity.
An easement conveyed by the owner of real property to the
Town protecting open space from future development and environmental
damage by restricting future construction of any improvements to those
improvements expressly reserved in the easement and/or restricting
removal of soil, trees, other vegetation or other natural features
of the property except as is consistent with conservation, recreation
or agricultural uses in order to preserve and protect the open space
and natural condition of the property in perpetuity.
The width of a public roadway that encompasses the pavement
width and/or land needed for placement of sidewalks, utilities and
storm drainage.
The area between the street right-of-way line or lot line
and setback lines within which no principal structures shall be erected
or placed.
The line that is the required minimum distance from the street
right-of-way line or any other lot line that establishes the area
within which no principal structure shall be erected or placed.
A vegetated area bordering a stream which exists or is established
to protect a stream system. Alteration of this vegetated area is strictly
limited.
B.
Open space development shall be required in the Town of Mount Airy
and shall apply, along with the provisions of this section, to all
residential zones, the Mixed Use District (MXD), or special exception
residential uses in commercial zones, and any development with a residential
component located in the Downtown Zone (DTZ) in accordance with the
requirements set forth in this Code applicable thereto, except that
plats recorded before the adoption of this section are exempt from
the provisions of this section.
[Amended 2-3-2020 by Ord.
No. 2019-12; 8-3-2020 by Ord. No. 2020-01; 11-6-2023 by Ord. No. 2023-32]
C.
All concept plans, preliminary plans, final plans and record plats
shall set forth and clearly delineate:
D.
Open space shall be marked in the field with signage approved by
the Planning Commission to distinguish it from private property.
E.
A percentage of open space must be reserved as detailed in this section
and is generally based on housing density. The denser a development
is, the greater the amount of open space required will be. However,
when the Planning Commission determines it appropriate, it shall recommend
to the Town Council that such development shall be required to pay
a fee in lieu of dedication of land. The Council, in such case, shall
request the recommendation of the Board of Recreation and Parks. Any
such fee shall be equal to the value of the land which otherwise would
be required to be dedicated (based upon the average appraisal value
of the site at its new or current zoning, whichever is higher) based
upon any bona fide sale of the land to be developed that occurred
within 12 months prior to preliminary subdivision approval or if there
is no such sale, determined by an appraiser selected and paid for
by the Town and reimbursed by the developer and approved by the Town
Council. The fee shall be used for recreational purposes in the Town's
park system and shall be paid prior to recording the final plat. The
Planning Commission and the Board of Recreation and Parks shall make
their recommendations, in writing, regarding the proposed open space,
or fee in lieu thereof, and the final decision in each case shall
be made by the Town Council.
[Amended 2-3-2020 by Ord.
No. 2019-12]
F.
At least 50% of designated open space shall be designated as green
space and shall be maintained in a natural, undisturbed condition.
The remaining percentage may be used/improved as community open space
for dry ground activity. Centralized open space areas with the lots
are encouraged.
G.
Open space requirements for proposed developments to which this section
is applicable shall be as follows:
[Amended 2-3-2020 by Ord.
No. 2019-12]
(1)
Except as set forth in Subsection G(2) below, the total number of residential units allowable within an open space development shall not exceed the number of units that would otherwise be allowed in the existing zoning district using conventional development. The total number of units allowed shall be determined using the following formula:
T = BD*[A – (U+R)]
| |||
Where:
| |||
T
|
=
|
Total units (dwelling units)
| |
BD
|
=
|
Base density (dwelling units/acre)
| |
A
|
=
|
Total site area (acres)
| |
U
|
=
|
Unbuildable land as defined in Section II[1] (acres)
| |
R
|
=
|
Road and utility right-of-way (acres)
|
[1]
Editor's Note: See Section II of the United States Environmental
Protection Agency's model open space ordinance.
(2)
Only for developments located in the Downtown Zone (DTZ) with lots
less than or equal to 15,000 square feet, the parks and open space
requirement will be fully exempted.
(3)
Developments with a residential component located in the Downtown
Zone (DTZ) with lots greater than 15,000 square feet in accordance
with the requirements set forth in this Code applicable thereto shall
provide open space as follows:
POS - Parks and open space required to be dedicated to the Town
of Mount Airy, in acres
|
TA - Total gross acres of parcel
|
P - Projected number of resident persons added
|
CSF - Total gross commercial space in square feet being provided
|
(b)
Where providing three acres of parks and open space per 100
persons would equate to more than 5% of the total gross parcel acreage
of the proposed development, then the development must provide the
pro-rata share of three acres per 100 persons less one person for
every 200 square feet of commercial space provided in the proposed
development project, or 5% of the gross parcel acreage, whichever
is greater, in order to qualify for the exemption:
whichever is greater.
|
H.
Except for developments with a residential component located in the
Downtown Zone (DTZ) in accordance with the requirements set forth
in this Code applicable thereto, lot width, rear, front and side yard
setbacks may be reduced to 25% of the requirements in the base zoning,
subject to the following rules:
[Amended 2-3-2020 by Ord.
No. 2019-12]
I.
Except for developments with a residential component located in the
Downtown Zone (DTZ), the total area of dedicated open space shall
equal the amount by which all dwelling unit lots are reduced below
the base zoning and shall meet the requirements outlined in Table
1 below.
[Amended 2-3-2020 by Ord.
No. 2019-12; 8-3-2020 by Ord. No. 2020-01; 11-6-2023 by Ord. No. 2023-32]
Table 1: Open Space Required For Various Densities
| |
---|---|
Base Density
(du/ac)
|
Open Space Required
(percentage of net developable acreage)
|
Conservation/R-1
|
25%
|
R-2/RE
|
35%
|
R-3 – R-5
|
45%
|
R-5 – R-7
|
50%
|
MXU-CC
|
30%
|
MXD
|
30%
|
(1)
A request for the adjustment of the above percentages can be made
to the Planning Commission based upon any unique features of the parcel.
The Planning Commission, in its discretion, may grant a reduction
to the percentages set forth in Table 1 above if it is established
by the applicant/developer that the adjustment will be more beneficial
to the needs of the community for that specific parcel. In determining
whether to grant such an adjustment, the Planning Commission may seek
input from the Board of Parks and Recreation or from any other source
that the Planning Commission deems beneficial.
J.
The following activities or land uses shall not be counted as a part
of designated open space:
K.
The following areas shall be high priorities for inclusion in designated
open space:
L.
If open space is to be used for active recreation, impervious cover
shall be limited, where possible.
M.
Open space shall be contiguous, where possible, with bike and walking
paths which should be allowed as open space and utilized throughout
where it is deemed an amenity.
N.
An open space basement shall be established and conveyed to the Town.
The open space easement shall:
(1)
Protect open space from future development and environmental damage
by restricting future construction of any improvements to those improvements
expressly reserved in the easement and/or restricting removal of soil,
trees, other vegetation or other natural features of the property
except as is consistent with conservation, recreation or agricultural
uses in order to preserve and protect the open space and natural condition
of the property in perpetuity; and
(2)
Provide that the public have access to the open space at all times.
O.
An open space easement may be transferred to an established, designated
land trust organization, among whose purposes it is to conserve open
space and/or natural resources, provided that:
(1)
The organization is acceptable to the Planning Commission and is
a bona fide conservation organization with perpetual existence;
(2)
The conveyance contains appropriate provision for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions;
(3)
A maintenance agreement acceptable to the homeowners' association
is entered into by the developer and the organization; and
(4)
Open space that is within property governed by any homeowners' association,
condominium association, planned unit development association or other
similar entity shall be open to the public.
P.
Any person or entity responsible for the maintenance or management
of open space shall assure that the open space will be protected in
perpetuity from all forms of development, except as shown on an approved
development plan, and that it will never be changed to another use
and shall:
(1)
Prescribe all allowable and unallowable uses and activities within
such open space;
(2)
Provide detailed standards and schedules for maintenance of the open
space, including vegetative management; and
(3)
Allow for maintenance by the Town of open space in the event that maintenance specified under a homeowner's agreement is not complied with as provided for under Town Code § 85-4, Dwellings, commercial and industrial structures, yards and lots to be kept clean; fees, and § 85-27, Violations and penalties.
[Added 6-4-2001 by Ord. No. 2001-4]
The Planning and Zoning Commission shall require
that all site plans provide fencing with a gate not less than eight
feet wide for access around all stormwater management ponds, which
fence and gate shall be not less than four feet in height and constructed
of durable materials other than wood.