(A)
shall contain not less than five net acres. For purposes of this section “net acres” shall be the total area of all
and
exclusive of
or
. Addition to any existing
may be allowed provided such addition meets or exceeds all other applicable requirements.
(B) Subject to division (A) of this section, a
may as an option be allowed within any residential zoning district. Such
shall be exempt from the conventional zoning standards relative to
,
, lot
,
,
and
access normally applicable to such districts, provided such
complies with the minimum standards set forth under this section.
(C)
units within a
may be constructed on
fronting
.
(D) A
shall provide
(s) subject to all the following requirements:
(1) Such
shall be greater or equal in area to the total amount of area by which each
was reduced below the minimum
size requirement of the prevailing zoning district, or as provided under division (D)(2) of this section, whichever is greater;
(2)
shall reserve not less than 15% of the gross acreage as common
;
(3) Such area shall not be used as a
. For purposes of this section, picnic areas or shelters, ball fields, walking or jogging trails, boat ramps and docks or other similar recreational facilities may be allowed;
(4) Such area shall not be devoted to any
or
, private
or
;
(5) Such area shall be left in its natural or undisturbed state if wooded at the time of
, except for the cutting of trails for walking or jogging or, if not wooded at the time of
, is improved for the uses listed under division (D)(3) of this section, or is properly vegetated and landscaped with the objectives of creating a wooded area or other area that is consistent with the objective set forth in division (D)(6) of this section;
(6) Such area shall be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation or for horticulture if not devoted to other allowable uses in this division;
(7) Such area shall be legally and practically accessible to the residents of the
, or to the public if so dedicated;
(8) A minimum of one-half of the required
shall be contained in one continuous undivided part;
(9) Areas designated by the federal government as 404 wetlands or by the state government as isolated wetlands shall not be used to meet the open-space requirements of the ordinance unless those wetlands are protected through deed restrictions or conservation easements that prohibit all filling, alterations, or development in the wetlands or by donating or selling the wetlands to the town or to a legally incorporated non-profit group or wetlands bank that agrees not to fill, alter or develop them. State-designated coastal wetlands or the 30-foot buffer required by the Coastal Area Management Act cannot be used to meet the open-space requirements of the ordinance;
(10) Not more than 25% of the required open space may be devoted to allowable improvements as set forth in division (D)(3) of this section;
(11) Such area shall be perpetually owned and maintained for the purposes of this article by a homeowners association or, at the option of the town, dedicated or deeded to the public.
(12) The location and arrangement of any open space(s) shall be subject to Planning Board approval during the preliminary plat review;
(13) The owner shall, pursuant to the subdivision regulations, cause a final subdivision plat to be recorded in the Onslow County Register of Deeds which clearly describes the open space(s) and conditions thereof, prior to the issuance of any building permit(s).
(14) These requirements are in addition to those found under § 152.367.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O1, passed 5-10-2021)