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14 <br /> • Revise Section N-D-10-E.1,Determining Density or Lot Yield, by clarifying that <br /> the number of lots permitted in a subdivision is based on a `field plan" or <br /> conventional subdivision plan and that the number of lots may not be increased <br /> through use of a community wastewater treatment system (see pages 37-38 of <br /> this abstract). <br /> Given the number of questions regarding the proposed language, additional <br /> wording has been added to clarify the intent of this section. <br /> • Revise Section N-D-10-G.1, To Encourage Additional Open Space, by <br /> clarifying that the amount of additional open space which may be provided off- <br /> site to qualify for density bonuses varies according to the type of open space as <br /> well as the zoning of the property. In addition, the provisions regarding land <br /> and/or conservation easement dedications are clarified to recognize only <br /> dedications to the County(see page 42 of this abstract). <br /> Discussions with the County Attorney have indicated that legislation (either <br /> general or a local act) exists which permits density bonuses in return for <br /> preserving off-site open space. However, it is only permissible if the land or a <br /> conservation easement is dedicated to the County. Enabling legislation must be <br /> sought for those situations where such dedications are to be made to land trusts <br /> and/or units of governments This situation only exists when density bonuses are <br /> being sought. <br /> Clarification of the provisions concerning the amount of additional open space, <br /> by type, stems from a similar standard in both the current card proposed <br /> provisions related to affordable housing. Donated land for such housing must <br /> contain the land area needed to develop the number of bonus units consistent <br /> with the zoning of the donated lam As an example, if the donated land requires <br /> two-acre lot sizes, and the developer wants 10 bonus units, he/she must donate <br /> 20 acres (10 units x two acres). Instead of an "acre for a unit" approach, the <br /> open space standard should be revised to reflect not only the zoning of the off- <br /> site kard but the type of open space to be preserved;e.g., Primary vs Secondary. <br /> OTHER CONCERNS: Several other concerns were noted by the Planning Board <br /> and/or Board of Commissioners. However, staff does not feel that additional public <br /> hearings and/or phased implementation are warranted. The concerns as well as the <br /> staff rationale for retaining the provisions related to them are listed below. <br /> Groundwater Impacts and Community Wastewater Disposal Systems: <br /> Concerns were expressed about the use of wells and the impact on groundwater <br /> supplies, particularly where homes were clustered closer together. A suggestion was <br /> also made to phase implementation of the Flexible Development standards with <br /> Phase I consisting of estate lots, conservation lots, and cluster lots where the lot <br /> size was at least one acre. Phase 11 would consist of cluster lots of less than an <br />