ORD-2003-133 Amendments to Open Space Standards for Flexible Development Subdivisions

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Ordinance as recommended by Planning Board and Administration 11 REVISED proposed dedication at its discretion prior to or during the application rp ocess. • Ownership by a homeowner's association where specific development restrictions and maintenance requirements are included as part of its bylaws and as irrevocable articles of restrictive covenants. • Ownership by individual property owners, of estate lots only, where specific development restrictions and maintenance requirements are included as part of restrictive covenants and/or permanent conservation easements applicable to such lots. Where conservation easements have been dedicated and accepted prior to application for approval of a flexible development proposal, the land subject to the easement maybe counted toward satisfying the 33 percent open space requirement, provided that it is a portion of and in the same ownership as the land to be subdivided. C-6 C--4-Maintenance of Open Space Natural features shall be maintained in their natural condition, but may be modified to improve their appearance, functioning or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include the following: • Reforestation; • Woodland management; • Pasture or cropland management; • Buffer area landscapingi • Stream bank protection; and/or • Wetlands management Unless accepted for dedication or otherwise agreed to by the county, another unit of local government, the state or a private nonprofit land conservancy, the cost and responsibility of maintaining open space and any facilities located thereon shall be borne by the property owner and/or homeowner's association. Section 2 Section F EVALUATION CRITERIA All open space planning shall show consideration of the specific physical characteristics of the land parcel being developed, meet open space -~i~ design goals and adhere to the three fundamental land characteristics of open space as set forth in Section C.2. At l~ any given site, the types of resources may vary widely in character ~pertanEe ; (e.g., a natural area compared to a historic site) and T ''r°•~~"'°, ~ "each type of resource may have areas. of greater or lesser significance ;(e.g. a notable example of local vernacular building traditions compared to a much altered older home). Priorities for conserving such resources should therefore be based upon a thorough site analysis and an understanding of what is more special, unique, noteworthy, environmentally sensitive and/or historic as compared with other similar features of different types of resources.