[Ord. No. 08-31, 10-7-2009]
The purposes of this article, entitled conservation developments,
are to:
(a) Protect natural resources, including, but not limited to, those areas
containing woodlands, unique or specimen vegetation, vernal pools,
streams, wetlands, floodplains, aquifers and their recharge areas,
wellhead areas and agricultural lands, by setting them aside from
development;
(b) Preserve cultural, historical and archaeological resources;
(c) Protect recreational resources;
(d) Provide greater design flexibility and efficiency in the siting of
services and infrastructure, including wastewater disposal systems
and wells, and to reduce length of roads, utility runs and the amount
of paving required for residential development;
(e) Provide for a diversity of lot sizes, building densities and housing
choices to accommodate a variety of age and income groups, and residential
preferences, so that the population diversity of the community may
be maintained;
(f) Implement adopted municipal policies to conserve a variety of irreplaceable
and environmentally important resources as set forth in the comprehensive
plan;
(g) To provide reasonable incentives for the creation of a contiguous
greenway system within the Town;
(h) To implement adopted land use, transportation and community service
policies, as set forth in the comprehensive plan;
(i) Protect areas of the Town with productive agricultural soils to encourage
continued or future agricultural use by conserving blocks of land
large enough to allow for efficient farm operations;
(j) Create neighborhoods with direct visual and/or physical access to
open land, with amenities in the form of neighborhood open space,
and with a strong neighborhood identity;
(k) Provide for the maintenance of open land set aside for active or
passive recreational use, stormwater drainage or conservation lands;
(l) Conserve and create scenic views, to protect views along scenic roadways,
and, where appropriate, to preserve the rural character of the Town;
and
(m) Provide a buffer between new development and existing streets, neighborhoods,
active farmland and adjacent park or conservation land.
[Ord. No. 08-31, 10-7-2009]
(a) The Planning Board may approve a conservation development only in
the following agricultural and residence zoning districts: A-1, A-2,
R-1, R-2 and R-3. Within the R-2 and R-3 zones, in areas served by
both water and sewer, the dwelling units within conservation developments
shall consist of only single-family attached units or multifamily
units (see subsection 11-3 (a) below).
(b) Conservation developments are reviewed in accordance with the procedures
and standards set forth in the land development and subdivision regulations
(the "regulations") as either a major or minor subdivision, or land
development project, as appropriate.
(c) All major subdivisions, or major residential land development projects
whether a subdivision or not, are required to be developed as a conservation
development. The Planning Board may permit a conventional subdivision
under the provisions of paragraph (e) below.
(d) An applicant for a minor subdivision or minor residential land development
project may submit a plan for either a conventional development or
for a conservation development.
(e) When a development or subdivision is required or requested by the
Planning Board to be developed as a conservation development, and
the applicant wishes to develop a conventional subdivision, the applicant
shall submit both a concept plan for a conventional subdivision, also
referred to as a "conventional yield plan", and an alternate concept
plan for a conservation development. In determining which plan is
most appropriate, the Planning Board shall consider the following:
(1)
Consistency of development plans with the goals and policies
of the Cumberland Comprehensive Plan;
(2)
Consistency of development plans with the general purposes of conservation developments set forth in §
11-1 herein, and with the general purposes of the regulations;
(3)
The physical characteristics and configuration of the land proposed
for development; and
(4)
Characteristics of the neighborhood and surrounding area.
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Based upon evaluation of the above criteria, the Planning Board
may permit the application to be reviewed in a form other than a conservation
development. For major subdivisions or land development projects,
the Planning Board may make this determination at the pre-application
meeting, but no later than the master plan stage of review.
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[Ord. No. 08-31, 10-7-2009]
(a) Residential and related uses. The following uses are permitted uses
on the developed portion of a conservation development site. Where
there is a conflict between this section and that contained in the
residential section of the Use Table, Article 4, this section shall
apply.
(1)
One-household detached dwelling, in all A and R zones.
(2)
Two-household detached dwelling (duplex), in the R-2 and R-3
zones.
(3)
Single-family attached units (townhouses), provided there is
no more than two units per structure in the A-1, A-2 and R-1 zones,
and no more than eight units per structure in the R-2 zone.
(4)
Multi-household dwelling in the R-3 zone.
(5)
Accessory dwelling units as provided in §
6-5.
(6)
Home occupations as provided in §
6-6.
(7)
Accessory uses customarily incidental to a use permitted in
the zoning district and located on the same site are permitted by
right. Any accessory use customarily incidental to a use allowed by
special use permit in the district and located on the same site is
permitted by special use permit.
(b) Open space uses. The open space in a conservation development (see
§ 11-7) shall be devoted only to conservation purposes or
for park, passive recreation, forest management and agricultural purposes
as approved by the Planning Board. In all zoning districts where conservation
developments are permitted, the following uses may also be allowed
in open space areas if permitted by the Planning Board in accordance
with the applicable provisions of the regulations:
(1)
Stormwater drainage areas.
(2)
Placement of privately owned and maintained water supply wells
for individual uses within the conservation development. Each such
well shall be designed to serve only one single-family or one two-family
dwelling.
(3)
Placement of privately owned and maintained public water supply
wells or well fields serving up to 25 connections, for uses within
the conservation development and which meet the following conditions:
a.
The development is constructed at a density of greater than
two dwelling units per acre, or the development consists of multifamily
dwellings; and
b.
The total number of bedrooms in the conservation development
proposed to be serviced by the public water supply well exceeds 12,
or the number of persons regularly served in the development exceeds
24.
(4)
Placement of privately owned and maintained individual or common
sewage disposal systems for uses within the conservation development,
if granted as a waiver by the Planning Board.
(5)
Buildings, structures, parking areas, active recreation areas
or impervious improvements which are accessory to and subordinate
to a permitted open space use, provided that, in all cases, they occupy
no more than 5% of the total open space area of the conservation development.
[Ord. No. 08-31, 10-7-2009]
Whether developed as detached buildings on separate lots, or
as attached single-family units or multifamily dwellings on commonly
owned land, the allowable density for a conservation development shall
be equal to that which would otherwise be allowed under the provisions
of § 5-2. To determine allowable density, the applicant
shall submit a yield plan as provided for in the regulations that
indicates the number of lots or dwelling units which could be expected
to be developed on the parcel under a conventional development. In
reviewing a proposed conservation development, the Planning Board
may allow additional density as follows:
(a) To allow the construction of low or moderate income housing units (see Article
15).
(b) To allow the preservation of an existing dwelling which is currently
located on the property being developed for any of the following purposes:
preservation of historic structures that contribute to the character
of an area; maintenance of historic or traditional development patterns;
preservation of streetscape features; design of public or common open
space; or other design or site planning issues identified in the Cumberland
Comprehensive Plan. In such cases, the Planning Board may allow the
applicant to exceed the maximum number of permitted dwelling units
in the development by one additional dwelling. Any dwelling, not located
within an historic district, granted a density bonus under the provisions
of this subsection shall be subject to deed restrictions prohibiting
the removal or alteration of the dwelling except as may be approved
by the Planning Board, with advisory review by the historic district
commission, as a condition of approval.
[Ord. No. 08-31, 10-7-2009]
Applicants are encouraged to modify lot area, shape and other
dimensional characteristics within a conservation development in order
to meet the purposes of this article. A conservation development may
be developed with dwelling units on separate lots, a single lot or
a combination thereof. Where dwellings are proposed to be located
on individual lots, the dimensional regulations provided in the table
below shall be applicable. Maximum lot coverage shall be applied to the total developed
area. Internal dimensional regulations for Townhouses and multifamily
dwellings shall be governed by § 5-5.
[Ord. No. 08-31, 10-7-2009]
(a) For a proposed conservation development, the applicant may request
a waiver for, and the Planning Board may permit, the following variations
in lot frontage and lot width:
(1)
Lot frontage and lot width of newly created lots on any public
or approved private street may be reduced to a minimum of 20 feet.
(2)
Lots set aside as open space may have zero frontage on a street,
as long as the Planning Board approves access to the open space by
easement.
(b) No more buildable lots shall be allowed using flexible lot frontage
and width provisions than are allowed by using conventional frontage
and width provisions, as shown on the conventional yield plan. This
shall not prohibit, however, additional lots or units granted as a
density bonus pursuant to § 11-4.
[Ord. No. 08-31, 10-7-2009]
The open space required to be set aside as part of a conservation
development shall be established as a lot or lots separate and distinct
from those lots intended for residential and accessory uses, and from
land dedicated as street rights-of-way. The minimum amount of required
open space area shall be based on a percentage of the land suitable
for development in the entire conservation development site as provided
in the table below. None of the minimum required open space area shall
be devoted to land unsuitable for development as defined § 5-8
of this appendix.
Zoning District
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Minimum Percentage of Land Suitable for Development Dedicated
as Open Space
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A-1
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75%
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A-2
|
60%
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R-1
|
|
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No water or sewer
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60%
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Water/no sewer or sewer/no water
|
50%
|
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Both water and sewer
|
35%
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R-2 and R-3
|
|
|
No water or sewer
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N/A1
|
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Water/no sewer or sewer/no water
|
|
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Single-family
|
30%
|
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Two-family
|
50%
|
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Both water and sewer
|
|
|
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Single-family or two-family
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N/A2
|
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Single-family attached or multifamily
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25%
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NOTES:
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1
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There are no areas within the R-2 and R-3 Zones without either
water facilities or public sewers.
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2
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In areas in the R-2 and R-3 Zones served by both water and sewer
the dwelling units shall consist of only single-family attached units
or multifamily units.
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