Section 6.3.4. Rural Open Space

The Planning Board may approve a minor variation in the master plan recommended rural open space if it finds that the variation would retain or enhance both the quality and character of the rural open space, but the Planning Board must not approve less rural open space than the zone requires.

4. Uses in Rural Open Space

a. In the RC zone, the following uses allowed under Article 59-3 are prohibited in any rural open space area:

i. Agricultural Processing;

ii. Farm Supply, Machinery Sales, Storage, and Service;

iii. Nursery (Retail);

iv. Nursery (Wholesale);

v. Slaughterhouse;

vi. Seasonal Outdoor Sales;

vii. Farm Labor Housing Unit not associated with a farm in the rural open space;

viii. Independent Living Facility for Seniors or Persons with Disabilities;

ix. Residential Care Facility (Up to 8 Persons);

x. Residential Care Facility (9 - 16 Persons);

xi. Residential Care Facility (Over 16 Persons);

xii. Charitable, Philanthropic Institution;

xiii. Day Care Center (13 - 30 Persons);

xiv. Day Care Center (Over 30 Persons);

xv. Private Club, Service Organization;

xvi. Public Use (Except Utilities);

xvii. Religious Assembly;

xviii. Animal Boarding and Care;

xix. Veterinary Office/Hospital;

xx. Media Broadcast Tower;

xxi. Country Inn;

xxii. Cemetery;

xxiii. Landscape Contractor;

xxiv. Shooting Range (Outdoor);

xxv. Rural Antique Shop; and

xxvi. Mining, Excavation.

b. In the RNC zone, the following uses allowed under Article 59-3 are prohibited in any rural open space area:

i. Equestrian Facility (3+ horses);

ii. Farm Supply, Machinery Sales, Storage, and Service;

iii. Nursery (Retail);

iv. Nursery (Wholesale);

v. Winery;

vi. Farm Market, On-site;

vii. Seasonal Outdoor Sales;

viii. Townhouse Living;

ix. Independent Living Facility for Seniors or Persons with Disabilities;

x. Residential Care Facility (Up to 8 Persons);

xi. Residential Care Facility (9 - 16 Persons);

xii. Residential Care Facility (Over 16 Persons);

xiii. Charitable, Philanthropic Institution;

xiv. Cultural Institution;

xv. Day Care Center (13 - 30 Persons);

xvi. Day Care Center (Over 30 Persons);

xvii. Educational Institution (Private);

xviii. Playground, Outdoor Area (Private);

xix. Private Club, Service Organization;

xx. Public Use (Except Utilities);

xxi. Religious Assembly;

xxii. Swimming Pool (Community);

xxiii. Animal Boarding and Care;

xxiv. Veterinary Office/Hospital;

xxv. Cable Communications System;

xxvi. Telecommunications Tower;

xxvii. Cemetery;

xxviii. Landscape Contractor;

xxix. Rural Antique Shop;

xxx. Rural Country Market; and

xxxi. Public Utility Structure.

B. Design Requirements

1. Guidelines for Development

a. In addition to any other requirements of Division 6.3 and Chapter 50 (Section 50-39), rural open space must:

i. be used to minimize any potential nuisance or conflict and maximize compatibility between residential and agricultural uses within the proposed development and between the proposed and existing development;

ii. limit the disturbance of the area to become rural open space to the maximum extent possible during construction of residential lots and associated infrastructure; and

iii. be recorded within a separate lot or parcel with a protective easement or covenant recorded in the land records.

b. In the RNC zone, all publicly or privately held land in the rural open space area must be preserved in perpetuity, either by dedication as parkland or by application of an easement or covenant in a recordable form approved by the Planning Board. The easement or covenant must:

i. restrict uses in the rural open space under Article 59-3 and Section 6.3.4.A.4;

ii. provide for the management of any natural or agricultural features under the approved site plan; and

iii. prohibit any development or subdivision within the rural open space area not expressly allowed.

c. Rural open space used for a farm in the RC zone must be a minimum of 25 acres, unless the Planning Board finds that a smaller farm will implement the intent of Division 6.3 and the zone.

d. Rural open space may be managed by:

i. reforestation;

ii. woodland, meadow, wetland, or agricultural management;

iii. streambank or floodplain protection; or

iv. non-structural stormwater management; however, in the RNC zone, the Planning Board may allow a structural stormwater management facility in the rural open space if the location and appearance of the facility is consistent with the general intent of the RNC zone, and substantially conforms with the recommendations of the applicable master plan for use of the open space.

2. Open Space Allocation

Before adding other types of land areas in rural open space, rural open space must include:

a. floodplain;

b. stream buffer area;

c. jurisdictional wetland under federal law (Section 404) as defined by the Army Corps of Engineers;

d. habitat for state- or federally-listed endangered or threatened species;

e. historic, archaeological and cultural site, cemetery and burial ground;

f. agricultural land containing prime farmland soil or other soil of statewide importance;

g. an area containing existing healthy trees greater than 12 inches DBH;

h. an area that connects the site to neighboring rural open space, trails, or greenways;

i. areas containing highly erodible soils or soils with severe limitations for development due to drainage problems;

j. forest areas not included in the environmental buffer; and

k. viewsheds recommended for preservation by the applicable master plan.

3. Configuration of Rural Open Space

a. The minimum width for any rural open space is 75 feet unless the Planning Board grants an exception for items such as a trail easement or linear park when their purpose meets the intent of Section 6.3.4.

b. A minimum of 60% of the rural open space must be contiguous or separated only by a residential street.

c. Where feasible, the rural open space must adjoin any neighboring area of open space, other protected area, or non-protected natural area that would be a candidate for inclusion as part of a future area of protected rural open space.

(Legislative History: Ord. No. 18-39, §4; Ord. No. 20-09, § 8.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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