The intent of this section is to offer property owners an alternative to farming and other rural land uses by allowing controlled residential development in a manner that is more in keeping with the existing rural character of the surrounding areas. The purpose of an open space development is to maintain the rural, natural, and scenic characteristics of A Agricultural zoned land by providing standard that promote lower density development combined with conservation and open space design. Toward this end, all open space developments shall be designed to promote the preservation and protection of natural features, significant wildlife habitats, sensitive environments, scenic vistas and prime agricultural areas. The provisions set forth in this section encourage the preservation of natural topography and wooded areas; the creation of usable and accessible open space, recreational areas, and green corridors for wildlife, walking trails and/or bike paths; and creativity in design through a controlled process of review and approval.
(a) Review and Approval Process. Open space developments shall be developed under the conditions and requirements set forth in Section 1272.08, other applicable zoning regulations, and other applicable City ordinances. Proposals for open space developments shall follow the following procedures:
(1) Prepare a site features inventory in accordance with Section 1272.08(c) and schedule a pre-application conference with the City’s Development Department.
(2) Following the pre-application conference a conceptual development plan shall be created by the applicant or their consultant. The conceptual development plans shall reflect the results of the site features inventory and comments from the pre- application comments. This conceptual development plan shall be submitted to the City’s Development Department for review.
(3) Following written comments from city staff, the applicant or their consultant shall prepare a final development plan in accordance with Section 1294.03. The final development plan, a special use application, and the appropriate fees shall be submitted to the City’s Development Department. This application will be processed by the Development Department and placed on an agenda of a regularly scheduled Planning Commission meeting for a public hearing.
(4) If approved by the Planning Commission, the applicant or their consultant shall submit an application for record plan approval in accordance with the City’s Subdivision Regulations.
(b) Regulatory Flexibility. An open space development is intended to provide flexibility in lot sizes and location of buildings in order to preserve natural features and open space which might be lost through more traditional residential development. These standards are not intended as a device for circumventing City Zoning or Subdivision Regulations, the standards set forth therein, nor the planning concepts upon which the Zoning Ordinance has been based.
The Planning Commission may grant specific departures from the requirements of the Zoning Ordinance as a part of the approval process, provided that such modification results in enhanced buffering from adjacent land uses or public rights-of-ways, or further preservation of natural features. Any regulatory modification shall be approved through a finding by the Planning Commission that the deviation shall result in a higher quality of development than would be possible using the conventional zoning standards.
Regulatory modifications are not subject to variance approval of the Board of Zoning Appeals (BZA). No part of an open space development plan may be appealed to the BZA. This provision shall not preclude an individual lot or dwelling unit owner from seeking a variance following final approval of the open space development, provided such variance does not involve alterations to open space areas as shown on the approved open space development plan.
(c) Site Features Inventory. The site features inventory shall consist of maps and written analysis which identifies the following:
(1) Existing vegetation and tree stands.
(2) Individual trees with caliper of 12 inches or more measured at breast height (4.5 feet from grade).
(3) Topography at two-foot contour intervals.
(4) Water courses.
(5) Standing water bodies.
(6) Regulated and unregulated wetlands.
(7) Drainage patterns.
(8) Roads and road rights-of-way.
(9) Easements.
(10) Soils and other environmental features.
(11) Vistas.
(12) Existing structures including principal and accessory structures and farm fences and stonewalls.
(13) Any additional features uniquely affecting the site or regulated by the Planning Commission.
(d) Number of Residential Units Permitted. The number of dwelling units permitted in an open space development is calculated by multiplying the gross acreage of the development area by 0.85 dwelling units per acre. This calculation is based on a development consisting of residential lots of one acre in size consistent with Section 1272.02(b)(1) and assumes 15% of the development area will be devoted to public right- of-way.
The number of residential units may be increased through the granting of residential unit bonuses as provided in this chapter, however the final number of units shall not exceed a gross density of 1.7 units per acre.
(e) Residential Unit Bonus.
(1) The number of dwelling units may be increased by 5% for every 1% of additional open space created above the minimum required under Section 1272.08(f)(1).
(2) An additional unit bonus may be allowed at the discretion of the Planning Commission, based upon a demonstration by the applicant of design excellence in the open space development. In order to qualify for a density bonus, the open space development must be served by public sanitary sewer. Projects may qualify for a 5% unit bonus for each of the design elements listed below. This additional unit bonus shall be applied to the number of units established in subsection (e)(1) above.
A. A high level of clustered development where a minimum of 50% of the open space development is set aside as open space.
B. Perimeter transition areas around all sides of the development not adjacent to a road are at least 100 feet in depth.
C. Transition areas around all sides of the development adjacent to a perimeter road are at least 200 feet in depth.
D. Sixty percent of all housing units have direct view upon open space.
E. High quality open space development amenities are provided such as a trails connecting to and traversing all common open space areas; high quality, municipal grade playground equipment, wildlife observation platforms, and playfields and courts.
F. Adequate roadway and pedestrian connections are provided to create integrated neighborhoods.
G. Other similar elements as determined by the Planning Commission.
(f) Open Space Requirements. Open space shall be located on the parcel to: (1) preserve distinctive natural features and rural characteristics; (2) preserve farm lands; (3) minimize impact from development on wetlands, rivers, areas of sharp relief and other sensitive environmental areas; (4) maintain open, rural character along main roads; or (5) create greenways and connect wildlife areas.
For the purposes of this section, the following terms shall be defined as follows:
“Active Open Space.” Open space that may be improved and set aside, dedicated, designed, or reserved for recreational facilities such as swimming pools, play equipment for children, ball fields, court games, picnic tables, trails, etc.
“Common Open Space.” An opens space within a residential development reserved for the exclusive use of residents of the development and their guest.
“Restricted Open Space.” Areas under private ownership where the property is developed for single family use on a lot of two acres or more and the undeveloped portion of that lot contributes to the character of the open space development as determined by the Planning Commission. An area at least 20,000 square feet in size shall be allocated to the dwelling units and not calculated as restricted open space.
(1) At least 30% of the gross area of the open space development shall be preserved as common open space. However, no more than 50% of the required open space shall include floodplain or any water bodies or regulated or unregulated wetlands which are covered permanently or periodically with standing water (such as hardwood swamps and “wet” meadows). The Planning Commission may waive the open space restriction for wetlands provided that the developer constructs a trail system around the wetland with wildlife observation decks or through the wetland on raised boardwalks.
(2) A minimum of 10% of the required open space shall be active open space and include amenities such as parks and playground equipment, pools, club houses, and hard courts and ball fields.
(3) The required open space must be set aside by the developer in the form of an irrevocable conveyance, such as deed restrictions, conservation easements and restrictive covenants that run with the land, whereby the open space area must be developed according to the approved development plan and may never be changed to any other use, unless it is part of an approved plan amendment.
Further, this conveyance must provide that the open space is for the use and enjoyment of the residents, occupants, and users of the open space development. The developer shall provide for perpetual and mandatory maintenance of the open space through the use of deed restrictions or other means acceptable to the City, which shall provide for participation in said maintenance cost by each property owner within the open space development. The Planning Commission shall require the following items in the required covenants and restrictions:
A. Dumping or storing of any material or refuse is prohibited.
B. Cutting or removing live plant material is prohibited except for removal of dying or diseased vegetation or in the case of developing open space amenities such as a trail network.
C. Cutting, filling or removing vegetation from wetland areas is prohibited.
D. A homeowners association shall be established to maintain the open space areas and amenities. Open space areas can be conveyed to the school board for new facilities and/or the City for future parks.
E. The conveyance must be recorded with the Montgomery County Recorder to provide record notice of the restrictions to all persons having an interest in the property contained in the open space development.
(4) All required park, equipment, trails and other open space development amenities shall be complete when the development reaches 50% occupancy.
(5) Buildings, parking lots, drives and similar improvements may only be permitted in open space areas if related and necessary to the function of the open space. An example is a small parking lot associated with a park at the edge of a clustered residential development. However, parking shall be screened with landscaping and in no case shall parking be permitted within 30 feet of the edge of the road pavement.
(6) Open space areas shall be conveniently located in relation to dwelling units, whenever feasible. A pedestrian circulation system is required that provides safe access between properties and the open space development amenities including open space areas.
(7) The Planning Commission may require that unique natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unusual wildlife habitats, ponds, streams, marshes, vistas, and areas of sharp relief be preserved as part of the open space system.
(g) Dimensional Standards.
(1) Property Perimeter Setbacks. Perimeter setbacks are required to ensure that the open space development is designed to promote the rural character of the surrounding areas. These perimeter setbacks shall consist of open undisturbed areas with a natural appearance. Perimeter setback areas adjacent to a perimeter road shall be densely wooded. A combination of burming and landscaping may be acceptable when the property is void of trees in the required setback areas. Access to perimeter roads through these setback areas is limited to public roadway access only. The following setbacks are required around the perimeter of the open space development measured from the parcel line.
Along perimeter not adjacent to an existing road | 50 ft. |
Along perimeter adjacent to an existing road | 100 ft. |
(2) Building Setbacks. Creative design is encouraged within an open space development. Therefore building setbacks may vary in order to achieve a quality design that meets the intent of this chapter. There are no minimum setback standards within an open space development.
(3) Natural Features Setback. A minimum of 50-foot wide natural features setback is required measured from the edge of any, lake, pond, or wetland, or from a 100-year floodplain limit, or from the top of any stream bank or riverbank. Land located within a required natural features setback shall remain as undisturbed open space. The Planning Commission may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site’s natural amenities within the setback.
(4) Parcel and Lot Requirements.
A. All open space developments shall be developed as single family condominiums, landominiums or platted subdivisions.
B. All open space communities shall connect to the public water and sanitary sewer. The Planning Commission may approve open space developments without water and sewer connections provided that dry water and sanitary sewer lines are installed for future hook up when service is available.
C. The minimum parcel size for the overall open space development shall be 20 acres.
D. Residential dwelling units served by individual septic systems shall have a minimum lot size of one acre, unless a larger lot size is required by the Montgomery County Health Department to satisfy the need for reserve septic fields.
E. Minimum lot sizes may very within an open space development to accommodate the developer’s intent to create mixed housing types and preserve natural features. The minimum lot size shall be determined by the Planning Commission upon review of an open space development plan and a site features inventory.
(h) Buffer Yard Requirements. Housing units shall be screened from existing road rights-of- way through landscaped buffer yards located within required property perimeter setbacks of Section 1272.08(g)(1).
Existing native vegetation located in buffer yards located in the open space development perimeter shall be preserved to maintain the site's rural character and provide a buffer between adjacent land uses. Property perimeter buffer yards that lack adequate vegetation to meet this goal shall be planted with one tree for every 20 feet of required buffer yard. Such trees shall be planted in groupings or staggered to create a more natural looking environment.
(i) Building Location. Where feasible, open space developments shall comply with the following building location requirements. Modification to these requirements may be approved by the Planning Commission as part of the review process, upon making the determination that other building locations would be more appropriate because of topography, existing trees or vegetation, proposed grading or landscaping, or other existing or proposed site features or conditions.
(1) Buildings shall be located on the edges of fields and in wooded areas to minimize the visual impact of development. Buildings should not be located in open fields.
(2) Buildings shall not be located on hilltops or the tops of ridge lines or in areas with slopes that are equal to or exceed 30%.
(3) Buildings shall be set back as far back from existing public roads as possible so as to maintain the rural appearance from the road. This goal can also be achieved by placing buildings behind or within a woodlands or tree line that screens the buildings from the road.
(4) To the extent practical, place buildings away from scenic views and keep vistas unblocked or uninterrupted, particularly as seen from adjacent perimeter roads.
(5) To the extent practical, place buildings away from adjacent agricultural areas and preserve meadows, woodlands, and/or orchards to create natural buffers between residential and agricultural uses.
(j) Roads and Driveways. The amount of site disruption caused by road and driveway construction and associated grading required for construction shall be minimized in open space developments. Accordingly, open space developments shall comply with the following standards:
(1) Roads shall follow existing contours to minimize the amount of cut and fill.
(2) Where sites include linear features such as existing access roads, tree lines, and stone rows, roads shall follow these features to minimize their visual impact.
(3) The Planning Commission may reduce the required pavement width of local public roads to a minimum of 22 feet if significant natural features would be preserved by a reduction in road width. Both sides of all internal roads shall be landscaped with street trees. For road frontages of individual lots or condominium sites, a minimum of two canopy trees shall be provided per dwelling. One canopy tree shall be provided on each side of the internal road for every 40 feet or fraction thereof of road frontage. Existing trees to be preserved within five feet of the road right-of-way or easement may be credited towards meeting this requirement.
(4) Use of common driveways to serve up to four units is permitted to minimize the amount of paving and reduce the number of curb cuts onto public roads.
(k) Public Road Access. Road access to the open space development shall be limited to one per every 600 feet of public road frontage or fraction thereof for parcels with less than 600 feet of frontage. Road access to the open space development shall be located at least 300 feet from an existing road or street intersection as measured from the nearest right-of-way lines. Driveway access to an existing perimeter road is prohibited.
(l) Connected Neighborhoods. The development shall incorporate future connections to adjacent parcels, through greenways, pedestrian trails, and roadways to provide the development of integrated neighborhoods.
(m) Uniform Fencing. Uniform fencing shall be developed and installed by the developer, along the edges of the perimeter roads. The type of fencing and the ability of property owners to tie into this fencing shall be limited through the use of covenants and restrictions.
(n) Stormwater Management.
(1) Existing natural drainage shall be maintained.
(2) Where stormwater management facilities are required, they shall be designed in as small an area as possible. The ratio of the basin’s area to volume shall be minimized.
(3) Retention basins, where required, shall resemble natural ponds and shall be landscaped with plant material that enhances the wildlife habitat.
(4) Best stormwater management practices are encouraged such as vegetative swales and wetland stormwater detention facilities. Such facilities shall be made to look as naturalistic as possible.
(o) Existing Structures. When a parcel contains existing structures deemed to be of historic, cultural or architectural significance (such as farm structures, fences, stone walls), and where these structures are suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses, or common facilities shall be permitted.
(p) Pedestrian Circulation. The open space development plan shall provide safe and convenient pedestrian access to all open space areas from the following: all residential areas including lots not adjoining open space areas; connections between open space areas; public thoroughfares; open space areas, trails, or pathways on adjoining parcels; and connections between appropriate on-site and off-site uses. (Conserved farmland may be exempted from this requirement to protect crops from damage.)
Trails within the open space development may be constructed of gravel, wood chips or other similar material, provided they meet applicable barrier-free standards, however the Planning Commission may require construction of eight-foot wide paved bicycle paths through portions of the development or along any public rights-of-way abutting the open space community.
(Ord. 5942. Passed 11-21-06.)