ORD-2003-139 Growth Management System - Amendments to Zoning and Subdivision Ordinances

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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 rocess. • 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 E-4^Maintenance of Open Space Natural features shall be maintained in their natural condition, but maybe modified to improve their appearance, function~g 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 landscaping; • 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-rt design~oals 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 ice- ; (e.g., a natural area compared to a historic site) and I~lor 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.