Purpose
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.
69.48.1.
General provisions:
The following standards apply to all dwellings that are built
under the open space development requirements:
1. District in which use may be permitted: All R Districts.
2. Minimum acreage of development area including areas with standard
size lots: 5 acres.
3. 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.
4. 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.
5. Maximum density within a cluster area: 8 units/acre.
6. Maximum number single family units per cluster area: eight.
7. Minimum building setback from public right-of-ways: 15 feet.
8. 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.
9. 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.
10. 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.
11. 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.
12. Maximum impervious surface area within cluster area: 50%.
13. 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.
14. Minimum paving radius for private culs-de-sac: 40 feet.
15. Minimum parking requirement: 3 spaces per unit (one space may be
in an auxiliary parking lot).
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
69.48.2.
The following requirements pertain to the open space area:
1. 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.
2. The open space shall be accessible upon development to all lot owners
in the development area.
3. 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.
4. At least one contiguous open space area shall exceed 10% of the total
acreage of all cluster areas.
5. 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.
6. 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.
7. 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.
8. 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.