(A) Bonus Open Space Requirements
All bonus open space provided must meet the following standards:
(1) Bonus open space shall be retained in a natural, undisturbed state, with the exception of those activities allowed by this Section. No more than five percent (5%) of the bonus open space areas may be disturbed and allowed to be planted with grass or other pervious ground cover if the area provides common informal gardens and/or play/open areas for the development. The five percent (5%) does not include disturbed areas due to the installation of required pedestrian systems (e.g., sidewalks, trails). Active recreation facilities (e.g., basketball and tennis courts) are not permitted in the open space used to obtain additional lots.
(2) The cluster subdivision must, at a minimum, provide an eighty (80) foot deep Type A opaque streetscape buffer along all of the subdivision's thoroughfare and collector road frontage. The amount of the eighty (80) foot deep streetscape buffer that is in excess of the amount of streetscape buffer required for a conventional subdivision under the requirements of Chapter 7 (See Section 7.2.4) qualifies as contributing bonus open space.
(3) Bonus open space used to obtain additional lots shall be no less than thirty (30) feet in width at any point.
(4) Pedestrian access trails to the open space areas shall be provided.
(5) No portion of the bonus open space shall be separated into non-contiguous segments smaller than thirty percent (30%) of the total bonus open space area. Open space divided by a roadway shall be defined as contiguous.
(6) The bonus open space shall be shown on the development plan, with a notation to indicate that the bonus open space shall not be used for future structures.
(7) The developer shall establish and incorporate a Homeowner's Association (HOA), which shall have the responsibility for maintaining the bonus open space and associated facilities at its own expense. As an alternative to an HOA, a private, non-profit organization, whose primary purpose is open space conservation or preservation can own and manage the open space within a cluster housing development.
(8) A portion or all of the bonus open space may be conveyed to the Town for use as greenways and parkland, provided it meets Town standards for such facilities and is agreed to by the Town. Such conveyance would occur at no cost to the Town.
(Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2009-LDO-02, 3-26-09; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2023-LDO-04, 11-16-23)