[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead 2-12-2008 by Ord. No. 442.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 25.
Subdivision of land — See Ch. 119.
Site plans — See Ch. 120.
Zoning — See Ch. 135.
[1]
Editor's Note: This ordinance also provided that it was not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision or law or any private agreement or restriction, provided that the more restrictive provisions or higher standards shall control.
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.
A. 
The boundaries of open space shall be clearly delineated on plans, including record plats. The boundaries may be marked in the field with signage approved by the Planning and Zoning Commission to delineate these areas.
B. 
The entity that owns or manages the 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. Any change related to the use of open space shall be done through the site plan amendment process which shall require a public hearing and notification of property owners contiguous to the open space. Any such change shall be in compliance with this chapter and must be approved by the Planning and Zoning Commission.
C. 
The entity that owns or manages the open space shall assure that the open space is maintained in accordance with the approved site development plan, this chapter and the Hampstead Town Code, including the zoning regulations.[1]
[1]
Editor's Note: See Ch. 135, Zoning.
D. 
Prohibited uses.
(1) 
Except where authorized by the development plan, the following uses shall be prohibited on open space:
(a) 
Removal or intentional destruction of existing vegetation except as required for the maintenance of stormwater management facilities or recreational facilities, such as ball fields, walking trails or other similar facilities.
(b) 
Motorized vehicle use or parking beyond the limits of established public access roads and designated parking areas.
(c) 
Unrestricted activities of pets.
(d) 
Storage of debris, materials, vehicles or equipment.
(e) 
Disposal or dumping of debris (including grass, leaves, brush, construction debris, refuse, etc.)
(f) 
Excavation or filling.
(g) 
Construction or placement of any building or structure.
(h) 
Any uses prohibited by municipal, state or federal regulations or laws, including the municipal zoning regulations of the underlying zoning district.
(2) 
The prohibitions in this section shall not apply to properly authorized uses by local, state or federal government or private utilities, however, the placement of such governmental and utility buildings and structures shall be subject to the review and approval of the Planning and Zoning Commission.
E. 
The following activities or land uses may not be counted as a part of designated open space:
(1) 
Land considered unbuildable under § 121-3.
(2) 
Streets, off-street parking and utility easements.
(3) 
Setbacks and lawns.
F. 
Open space shall be subject to routine municipal inspection for compliance with subdivision and site plan approvals and the provision of this chapter.
G. 
The deed restrictions and covenants on land designated as open space shall not be removed except upon the recommendation of the Planning and Zoning Commission and approval of the Town Council and where a clear and compelling municipal purpose necessitates the removal of such restrictions as determined in the sole and exclusive discretion of the Town Council.
H. 
Whenever land designated as open space is conveyed, the plat, parcel and deed shall contain any restrictions or covenants or other requirements thereupon. In the event open space is conveyed, such open space land may not be further used to meet any open space requirements or density calculations.
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.