5.7.5 Open Space Set-Aside Configuration

Open space set-asides shall be configured in accordance with the following standards.

   A.   Passive Open Space Set-Aside. Passive open space set-asides are intended to provide land area that is undeveloped, or that is developed with low-intensity recreational features (such as those for walking or sitting), landscaping, replacement trees, or stormwater management features that are configured as a site amenity (see Figure 5.7.5.D: Types of Open Space).

      1.   Allowable Features. The land area occupied by any of the following types of features is credited towards required passive open space set-aside:

         a.   Walking, bicycling, and equestrian trails;

         b.   Boardwalks;

         c.   Gardens and greenway trails;

         d.   Benches and seating areas;

         e.   Tables, shelters, grills, and related picnicking facilities;

         f.   Lawn areas and community greens;

         g.   Lakes, ponds, wetlands, swamps, canals, and streams;

         h.   Piers and docks for fishing or viewing wildlife; and

         i.   Undisturbed land subject to a deed restriction or conservation easement.

      2.   Site Features Credited Towards Passive Open Space Set Aside Requirements.

         a.   The following site features shall be credited towards passive open space set-aside requirements:

            i.   Required landscaping areas;

            ii.   Reforestation areas;

            iii.   Tree protection areas;

            iv.   U.S. Army Corps of Engineers designated 404 wetlands;

            v.   Riparian buffer areas;

               vi.   Natural heritage areas; and

         vii.   Land area occupied by stormwater management facilities, including retention ponds, fully vegetated detention basins, and other bio-retention devices, provided these facilities are treated as a site amenity.

         b.   In order to be considered a site amenity that is credited towards passive open space set-aside requirements, stormwater management facilities shall include all the following:

            i.   Pedestrian access to the facility;

            ii.   Gentle slopes of three-to-one (3:1) or less;

            iii.   Pedestrian elements such as paths, benches, and similar aspects to and around the facility; and

            iv.   Vegetation, whether planted or retained.

   B.   Active Open Space Set-Aside. Active open space set-asides provide for active recreational needs of the residents or visitors they serve. Active features include fields and courts as well as built structures (see Figure 5.7.5.D: Types of Open Space). Active open space set-asides shall meet the following standards:

      1.   Configuration.

         a.   Lands set aside as active open space set-aside shall be compact and contiguous unless the land is used as a continuation of an existing trail, or specific natural or topographic features require a different configuration.

         b.   Active open space set-aside areas shall be located so as to be readily accessible and useable by residents and users of the development.

         c.   Where possible, a portion of the open space set-aside should provide focal points for the development.

         d.   Where the development site is adjacent to existing or planned trails, parks, or other public open area land, the open space set-aside shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other open area (see Figure 5.7.5.B.1.d: Open Space Continuation).

Figure 5.7.5.B.1.d: Open Space Continuation

      2.   Allowable Features. The following types of features are allowable in and credited towards active open space set-asides:

         a.   Swimming pools, splash pads, and areas devoted to water play for children;

         b.   Athletic fields and courts;

         c.   Boat launches and swimming platforms;

         d.   Club houses;

         e.   Playgrounds and play structures for children; and

         f.   Obstacle courses and exercise trails.

   C.   Urban Open Space Set-Aside. Urban open space set-asides provide formal or informal gathering areas for people or locations for vegetation or stormwater uptake within urbanized portions of the Town's jurisdiction. Urban open space can include outdoor dining areas, building atriums with plants and seating, or green roofs (see Figure 5.7.5.D: Types of Open Space).

      1.   Allowable Features. The following types of features are allowable in urban open space set-asides:

         a.   Plazas and courtyards;

         b.   Roof gardens;

         c.   Indoor atriums with plantings and seating that are open to the general public;

         d.   Outdoor dining areas;

         e.   Fountains; and

         f.   Areas devoted to public gathering.

   D.   Within Conservation Subdivisions. Open space set-asides within conservation subdivisions may include any of the features allowed in active, passive, or urban

open space set-aside areas in addition to farm fields, forestry lands, or lands used for agricultural purposes.

Figure 5.7.5.D: Types of Open Space

   E.   Features Not Credited Towards Open Space Set-Aside. The following areas shall not be included in or credited towards any open space set-aside requirements:

      1.   Private yards not subject to a deed restriction or conservation easement;

      2.   Street rights-of-way;

      3.   Parking areas and driveways for dwellings or other uses;

      4.   Land covered by structures not designated for active recreational uses;

      5.   On-site wastewater treatment facilities, including septic tank drain fields;

      6.   Stormwater management features not configured as a site amenity; and

      7.   Designated outdoor storage areas.

(Ord. 2020-36, passed 12-2-2019)