[Adopted by Ord. No. 6-10-96B]
Within the Open Space Overlay District (OS) all the permitted uses of the underlying district are permitted if the applicable requirements are meet. In addition to the uses permitted in the underlying district, Open Space Developments are permitted in accordance with all applicable requirements.
It is the intent of Open Space Developments to encourage flexibility in the development and design of single-family dwellings in the Residential districts whereby single-family dwellings are permitted on smaller lots and smaller yards than required in the underlying Zoning district. However, the overall density of development shall not exceed the single-family dwelling density required in the zoning district. The remaining open space shall be designed to preserve the natural features of the development area including streams, wetlands, slopes, floodplains, and wooded areas.
The following standards apply to all dwellings that are built under the open space development requirements:
District in which use may be permitted: All R Districts.
Minimum acreage of development area including areas with standard size lots: 5 acres.
Maximum density per acre shall be determined by the underlying district. The following maximum density shall apply for each type of underlying residential zone (including any conventional lots proposed): R-1: 2/acre; R-2: 3/acre; all other R: 4/acre.
Minimum undeveloped open space area in the development area: An area equal to 50% of the total disturbed area. Disturbed areas include all areas that are graded and/or include removal of natural vegetation.
Maximum density within a cluster area: 8 units/acre.
Maximum number single family units per cluster area: eight.
Minimum building setback from public right-of-ways: 15 feet.
Minimum building separation between single family homes in one cluster area and single family homes in other cluster areas when a private street separates the clusters: 80 feet.
Minimum building separation between single family homes in one cluster area and single family homes in other cluster areas when no private street separates the units: 35 feet.
Minimum setback between single family clustered residences and property line of single family residences not clustered and abutting an open space plan: same as front yard setback requirement for the residential zone where the open space development is located.
Minimum distance between single-family dwellings within a cluster area: the average of the distances between the most distant points and the closest points can not be less than 20 feet. In no case can the distance be less than 7 1/2 feet.
Maximum impervious surface area within cluster area: 50%.
Minimum private roads and driveways widths: 20 feet for two-way private drives within a cluster area; 10 feet for one-way private drives within a cluster area 24 feet for private roads between clusters.
Minimum paving radius for private culs-de-sac: 40 feet.
Minimum parking requirement: 3 spaces per unit (one space may be in an auxiliary parking lot).
Standard for minimum lot sizes within cluster area: Lots shall be of within 20% of the average size within a cluster area. Lots within a cluster area must be either recorded under the condominium Act or recorded through a Municipal subdivision which includes adequate protection to assure that all aspects of joint ownership and shared maintenance in the Condominium Act are provided for by a homeowners' association. Documents for a homeowners' association must be reviewed and approved by the Municipal Council after review by the Municipal Solicitor.
Perimeter Buffer Zone Requirement: A buffer zone of undisturbed area is required between all areas developed for an open space plan development and abutting residential zoned areas outside of the development area. Said buffer zone shall be equal to the front yard setback for the residential zone where the open space development is located. The buffer zone may be included as part of the open space requirement and is considered the setback requirement between houses in the plan and the perimeter boundary of the plan.
Road Frontage Buffer Zone Requirement: A buffer zone of undisturbed area is required along all existing roadways abutting the open space plan. Said buffer zone shall be equal to the front yard setback for the residential zone where the open space plan is located. The buffer zone may be included as part of the open space requirement for the plan.
Other Zoning and Subdivision Requirements: All Zoning and Subdivisions requirements that do not conflict with the requirements for an open space plan are applicable to an open space plan.
Adjustments of buildings: All buildings must be constructed at the location shown on the approval plan. Minor location adjustments may be approved by the Zoning Officer if the overall layout of units is not substantially changed and the changes meet all applicable Zoning and Subdivision requirements.
The following requirements pertain to the open space area:
The open space area shall include and protect all streams, wetlands, floodplains, and slopes exceeding 25%. Said areas shall be shown on the development plan.
The open space shall be accessible upon development to all lot owners in the development area.
When appropriate, as determined by the Municipal Council, walking trails are required to be constructed by the developer to provide access to and through the any open space areas larger than one acre.
At least one contiguous open space area shall exceed 10% of the total acreage of all cluster areas.
Notice, acceptable to the Municipal Council and reviewed by the Municipal Solicitor, shall be provided to all purchasers of lots in the subdivision plan that certain acreage has been reduced in lot area below that normally required and that open space within the subdivision has been provided to enhance the development and that such open space may not be used for any other purpose and may not be subdivided at a future date. Such restrictions shall also be noted on the any recorded plan(s) associated with the cluster development.
Open space must remain primarily in its natural state and can not include tree removal except for safety and proper forest management and limited recreation development. Conservation easements must be shown on the plan for all open space areas. Any tree removal in the open space area must be approved by the Municipal Manager, or person designated by Manager.
The open space area shall remain in either joint ownership of the lot owners in the subdivision plan or may be under singular ownership(s) with rights granted for access to all lot owners in the subdivision plan. The owner of the open space shall be responsible for maintenance of the open space area.
If the open space is under joint ownership, documentation of the arrangements for joint ownership must be approved by the Municipal Council after review by the Municipal Solicitor. Said arrangements must provide adequate security that the open space will be properly maintained and controlled.