In furtherance of the Comprehensive Plan's goals of preserving rural character, supporting the agricultural, seafood, and tourist industries, and conserving the county's natural resources, the remainder of the land is to be set aside and maintained as open space. Open space to fulfill the statements of intent for these zoning districts is desirable for the use, physical well-being, and enjoyment of county residents.
(A) Two kinds of open space established. There shall be two kinds of open space recognized in Northampton County: common and non-common.
(1) Common open space is open space primarily serving the use and enjoyment of the residents of a specific project or development or the public in general. Examples of common open space include, but are not limited to, public parks, nature areas, village greens, athletic fields, and other public gathering areas. To ensure that common open space is perpetually made available for public use and access, such lands shall be dedicated to the Board of Supervisors or some other entity allowed to accept deeded lands for open space preservation purposes.
(2) Non-common open space is open space primarily for use of its owner(s) and apart from the use of residents on lots which may have been divided from it. Non-common open space shall meet at least one of the following criteria:
(a) It is agriculturally significant for the production of crops or livestock;
(b) It is suitable for the production of forestal products;
(c) It is of significant scenic, historic, natural or environmental value; or
(d) It is important to the marine or upland wildlife habitat.
Examples of non-common open space include, but are not limited to, agricultural fields and historic sites with proper buffers on which development will not take place.
(3) The area of any development that is used to satisfy required public infrastructure or facility needs, including, but not limited to roads, sidewalks, and storm water management facilities, shall not count toward a development's required open space.
(B) Plats, plans and deeds of dedication or easement.
(1) The location, size, use, and type of lot coverage and open space (common v. non-common) shall be shown on all plats and plans for the property submitted to the county.
(2) All property being used for open space to satisfy the requirements of the open space density bonus option in the A District shall be so designated in an open space deed of dedication (for common open space) or open space deed of easement (for non-common open space) and on the accompanying plat/plan filed in the land records of the county. All such deeds shall include restrictions relating to use and maintenance of the property, including provisions for its perpetuation, as well as a complete and accurate listing and description of all buildings, equipment, and facilities existing on the property. The deed and its accompanying documents must be reviewed by the County Attorney and approved by the Planning Commission before the chapter's open space requirement is satisfied. The Board of Supervisors may, but is not required to, accept offers of open space.
(C) Open space requirements and compliance with the maximum lot coverage. No lands in common or non-common open space shall be denuded or defaced. Further, no open space shall be used in any manner inconsistent with the deed of dedication or deed of easement restrictions placed upon them.
(D) Open space and partial development. While a property owner developing under the open space density bonus option in the A District may divide a number of residential lots from a base parcel which is less than the maximum number of such lots which would be permitted:
(1) Open space contiguous to such lots and in the appropriate proportion for the number of lots divided must be set aside in the manner described above with the necessary deed or easement restrictions; and
(2) The deed of dedication or deed of easement and a plat indicating the location of the residential lots, the contiguous open space, the use of the open space, and the deed restrictions shall be recorded with the Clerk of the Circuit Court of Northampton County.
(Ord. passed 4-12-2016)