(A) General provisions.
(1) The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed in this section to be as follows:
(a) To provide adequate improved recreational open space areas and unimproved open space;
(b) To provide prime views and open vistas, providing relief from an urban landscape;
(c) To encourage the preservation of existing trees and vegetation;
(d) To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams, wetlands and land adjoining the Cape Fear River;
(e) To encourage the protection of air and water quality;
(f) To enhance flood control;
(g) To provide protection for historically or archeologically significant areas; and
(h) When open space is required as part of the specific development, a minimum of 10% of the total open space required in residential developments shall include improved open space area(s) as defined by this section. The improved open space area shall be proportionate to the entire development and, if applicable, each phase shall include an area of improved open space. In no case shall an open space area be less than the smallest lot within the phase in which the open space is located.
(2) For purposes of this section,
USABLE OPEN SPACE means an area that:
(a) Is not encumbered with any structure unless such structure is intended for recreational open space purposes;
(b) Is not contained within street right(s)-of-way or otherwise devoted to use as a roadway, ingress/egress easement, or parking area not associated with the use of the open space;
(c) If left in its natural or undisturbed state (as of the date development began), if wooded (except for the cutting of trails for walking or jogging) or, if not wooded at the time of development, is landscaped for ballfields, picnic areas, play areas, or similar recreational open space facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth herein;
(d) Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;
(e) Is legally and practicably accessible to the residents of the development out of which the required open and recreational open space is taken, or to the public if dedication of the open and recreational open space; and
(f) Is not encumbered by private underground septic lines, any part of a private sewage disposal system, or any private above-ground or below-ground septic related structure, or related easements.
(3) The following areas shall be regarded as open space where such areas satisfy the criteria set forth in division (A)(2) above:
(a) Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or other public purpose;
(b) Private cemeteries located on a tract prior to its development;
(c) Areas used for growing crops;
(d) Agricultural and horticultural uses, specifically excluding commercial livestock operations;
(e) Pastureland for horses used solely for recreation purposes;
(f) Public or private recreational facilities including but not limited to playgrounds, tennis courts, ball fields, volleyball courts, etc., which are improved to the accepted national or local standards for size and associated amenities;
(g) Neighborhood open space uses such as village greens, community gardens, and trails; and
(h) Golf or tennis club open to the public.
(4) The following areas shall not be regarded as open space and shall not be counted toward open space required by this section:
(a) Islands or internal planted areas required by other sections of this chapter shall not be considered open space for the purposes of this section. For example, islands in parking lots shall not count towards required open space.
(5) Flexibility in administration authorized.
(a) The requirements set forth in this section concerning the amount, size, location, and nature of open space to be provided in connection with residential developments are established by the Board of County Commissioners as standards that presumptively will result in the provision of that amount of open space that is consistent with generally recognized standards relating to the need for such areas. The Board recognizes, however, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed, or other factors, the underlying objectives of this section may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Planning Board is authorized to permit minor deviations from these standards whenever it determines that:
1. The objectives underlying these standards can be met without strict adherence to them; and
2. Because of peculiarities in the developer’s tract of land or the particular type or configuration of the development proposed, it would be unreasonable to require strict adherence to these standards.
(b) Whenever the Planning Board authorizes some deviation from the standards set forth in open space requirement, the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation.
(B) Design standards for open space.
(1) All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area.
(2) All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas, unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process. These areas are not to be considered for the required improved open space as specified in division (A)(1)(h) of this section.
(3) For developments located entirely or partially within a conservation zoning district that surrounds a water feature (wet or dry) a minimum of 50% of the depth of the district (measured perpendicularly from the water feature and located closest to the water feature) shall be dedicated to open space.
(4) This dedication of open space shall count towards any other open space requirements.
(5) PRIME VIEWS AND OPEN VISTAS shall be defined as the area between existing street right(s)-of-way and property line of proposed lots for the new development.
(a) Developments located adjacent to interstate and principal arterials shall provide a 175-foot minimum of prime views.
(b) Developments located adjacent to minor arterials and major and minor collectors shall provide a 75-foot minimum of prime views.
(c) Developments located adjacent to all other street types shall provide a 50-foot minimum of prime views.
(d) Required streetscape buffer shall be planted within the prime views and open vista area.
(6) All open space area shall be permanently restricted from future subdivision and development unless specifically stated herein.
(7) Common open space areas shall have a minimum of one access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an identification sign.
(8) Parking for improved open space areas. All required parking areas shall, at a minimum, be developed with six inches of aggregate base course (ABC) gravel and include parking stops. Shared parking shall be permitted for differing types of improved open space, utilizing the greater number of spaces required.
(a) Structures. Where a structure is built, parking shall be provided in accordance with this chapter for the same type of facility. Structures that are not listed in this chapter shall provide parking at a ratio of one space per 200 square feet of covered area.
(b) Athletic fields. When an athletic field is developed, parking shall be provided at a ratio of one-half of what is required by this chapter.
(c) Pedestrian trails and other improvements. Where a pedestrian trail or other improvements are made, parking shall be provided at the trail head or main entrance with a minimum of five parking spaces.
(C) Ownership options. One of the following methods shall be utilized for ownership of open space:
(1) Open space or any portion thereof may be dedicated to the county for public use or any municipality located within the jurisdiction of the county. Any dedication shall be formally accepted by the county or municipality to be valid. Nothing in this chapter in any way obligates the county or municipality to accept the dedication of any property;
(2) The common open space or any portion thereof may be retained, operated, and maintained by the developer and/or development owner if a legal document is submitted to the county prior to the issuance of a building permit binding in perpetuity the common open space to be used as such and to be maintained in an appropriate manner. If at any future date the owner(s) of the common open space and its facilities wishes or is required to relinquish control of such facilities, the common open space shall be conveyed as described above, dedicated to the county for public use, or sold with all operating requirements and legal obligations still binding. The common open space shall forever be part of the development;
(3) Condominium and homeowners’ association. All common facilities and open space areas may be controlled through the use of condominium agreements, covenants, and/or homeowners association by-laws. Such agreements shall be in accordance with relevant state law;
(4) Non-profit conservation organization; or
(5) Private ownership.
(Ord. passed 10-17-2011; Res. passed 9-16-2019; Res. passed 3-16-2020; Ord. 2022-12, passed 5-16-2022)