§ 1905  OPEN SPACE.
   Open space shall be provided and administered in accordance with Section 514 of the Rules and Regulations Regarding the Subdivision of Land.
   (A)   The required open space shall be a separate and distinct lot(s) to which ownership shall be vested in a legally viable entity, which shall be responsible for the use and maintenance of the open space. Ownership of required open space shall be conveyed to one of the following:
      (1)   The town (if accepted for park, open space, agricultural, or other specified use or uses);
      (2)   A nonprofit organization, the principal purpose of which is the conservation of open space or resource protection;
      (3)   A corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development (if such a corporation or trust is used, ownership shall pass with conveyances of the lots or units); or
      (4)   Private ownership if the use is limited to agriculture, habitat or forestry, as the town has set forth in the comprehensive plan and zoning ordinance, and where private ownership is necessary for the preservation and management of the agricultural, habitat or forest resources.
   (B)   In any case where the open space is not conveyed to the town:
      (1)   A restriction, in perpetuity, enforceable by the town or by any owner of property in the conservation or other land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed except as allowed by this section; and
      (2)   The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
      (3)   All open space land provided by a conservation development or other land development project shall be subject to a town-approved management plan that will specify the permitted uses for the open space.
   (C)    Amount required.  Open space lots may consist of developable as well as unbuildable area such as wetlands; however, only the buildable area shall be counted towards the requirements of this section. The amount of developable land required to be preserved as open space shall comply with the following table.
Zoning District
Minimum Amount of Required Open Space
R60, R60A
R40, R40A
R30, R30A, R20, R20A
R10, R10A, RM, RMA
All commercial districts (business, industrial districts)
   (D)   Use.
      (1)   Primary use of open space shall be limited to one or more of the following:
         (a)   Natural areas.  Areas of significant or outstanding natural value, conservation areas, wildlife preserves, bird sanctuaries, or areas of scenic, historic or archaeological value;
         (b)   Open recreation uses of a non-commercial nature occupying no more then 50% of the required open space, including playfields and playgrounds, tennis or other outdoor court games, outdoor swimming pools, golf courses, parks, and beaches or swimming pools;
         (c)   Open agricultural uses such as raising of crops, orchards, nurseries, and tree farms, but excluding areas for buildings or structures associated with commercial farms, greenhouses, or other commercial uses;
         (d)   Buffer areas between adjacent or nearby residential areas, or neighboring streets or property. Such buffer areas may contain fences or other natural or architectural screens. Buffer areas shall not constitute the majority of open space in a CSD;
         (e)   Landscaped areas such as lawns, fields, wooded areas, plantings, gardens or courtyards;
         (f)   Pedestrian facilities such as walks, footpaths or bridges incorporated into the overall open space plan.
      (2)   The following uses of open space may be permitted subject to the limitations provided:
         (a)   Underground utilities and/or drainage facilities such as stormwater retention or detention areas, provided that such facilities are incorporated into the open space landscaping and occupy no more than 20% of the required open space;
         (b)   Vehicular facilities such as driveways and parking areas as may be necessary to provide access to open recreational uses and consisting of no more than 10% of the required open space. Public streets or areas within a public street right-of-way shall not be allowed within the open space.
(Ord. 08-05, passed 5-19-08)