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5.7.3.   Applicability
   A.   Generally.
      1.   Unless exempted in accordance with Section 5.7.3.C, Exemptions, the standards in this section shall apply to all new development and redevelopment in the City.
      2.   Redevelopment conducted after January 1, 2020, shall comply with the standards in this section, to the maximum extent practicable, and shall provide its pro rata share of open space set-aside.
   B.   Conservation Subdivisions. Open space set-asides associated with a conservation subdivision shall be subject to the standards in Section 6.2, Conservation Subdivision, in addition to these standards. In the event of a conflict, the standards in Section 6.2, Conservation Subdivision, shall control.
   C.   Exemptions. The following forms of development shall be exempted from the standards in this section:
      1.   Development of an individual single-family dwelling (including manufactured homes) on lots platted prior to January 1, 2020;
      2.   Subdivisions comprised solely of four or fewer lots where all lots intended for single-family detached residential dwellings;
      3.   Development located within the LI, IC, HI, and DTC districts.
(Ord. 2020-36, passed 12-2-2019)
5.7.4.   Minimum Open Space Set-Aside Requirements
   A.   Amount.
      1.   The minimum required amount of open-space set-aside, as a percentage of a development's size, shall be provided in accordance with the Table 5.7.4.A: Minimum Open Space Set-Aside Required.
      2.   Nothing shall limit the provision of a greater minimum percentage or other type of open space set-aside, provided the minimum requirements in this section are met.
Table 5.7.4.A: Minimum Open Space Set-Aside Required
Type of Land Use [1]
Amount of Open Space Set-Aside Required (% of development area) [2]
Open Space Set-Aside Composition [3] [4]
Min. % Active
Min. % Passive
Min. % Urban
Table 5.7.4.A: Minimum Open Space Set-Aside Required
Type of Land Use [1]
Amount of Open Space Set-Aside Required (% of development area) [2]
Open Space Set-Aside Composition [3] [4]
Min. % Active
Min. % Passive
Min. % Urban
Residential, Single-Family Detached
10
At least 25% when outside of OI or DTC districts
No minimum requirement
Up to 50% when inside OI or DTP districts
Residential, All Use Types Except Single-Family Detached
10
At least 50% when outside of OI or DTC districts
No minimum requirement
At least 50% when inside OI or DTP districts
Institutional, Other Than Utility-Related
8
No requirement
No minimum requirement
Up to 100% when inside OI or DTP districts
Institutional, Utility-Related
None Required
N/A
Mixed-Use, with Residential
5
At least 25% when outside of OI & DTC districts
No minimum requirement
Up to 100% when inside OI or DTP districts
Mixed-Use, no Residential
3
No minimum requirement
No minimum requirement
Up to 100% when inside OI or DTP districts
Commercial
3
No minimum requirement
No minimum requirement
Up to 100% when inside OI or DTP districts
Industrial
None Required
N/A
Agricultural
None Required
N/A
NOTES:
[1] Determined based on the Use Classification listing in Table 4.2.3, Principal Use Table.
[2] Applied at the time of subdivision or site plan if subdivision is not required.
[31 See Section 5.7.5, Open Space Set-Aside Configuration, for details on the distinctions between active, passive, and urban set-aside.
[4] In cases where the total amount of open space set-aside is insufficient to be useable in the opinion of the Planning Director, the Town may accept a fee-in-lieu (see Section 6.3, Fee-in-Lieu).
 
   B.   Type.
      1.   Unless otherwise indicated in the appropriate dimensional standards table in Article 3: Districts, open space set-aside shall be configured in accordance with the standards in Section 5.7.5.A, Passive Open Space Set-Aside.
      2.   In cases where development must configure open space set-aside with active recreation features, it shall be configured in accordance with Section 5.7.5.B, Active Open Space Set-Aside.
      3.   In cases where open space set-aside shall be configured as urban, it shall be configured in accordance with Section 5.7.5, Open Space Set-Aside Configuration.
      4.   Except in instances where open space set-aside must be configured for active recreation, nothing shall limit development from configuring required open space set-aside in accordance with the standards in Section 5.7.5.C, Urban Open Space Set-Aside.
(Ord. 2020-36, passed 12-2-2019)
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)
5.7.6.   Ownership of Open Space Set-Asides
Open space set-asides are intended to remain under private ownership while being available for use to residents and visitors in the development where located. Ownership of open space set-aside shall remain with the owner of the land, except in the following circumstances.
   A.   Homeowners' or Property Owners' Association. All open space set-aside areas may be owned jointly or in common by the owners of the development through a recognized homeowners' or property owners' association, which shall be established in accordance with Section 6.5, Owners' Associations.
   B.   Nonprofit Organization. The landowners may decide to convey an open space set-aside to a nonprofit organization such as a land trust or land conservancy for management and maintenance if the Town is provided adequate assurance the set-aside will be properly managed and maintained.
   C.   Dedicated to Town or Other Public Agency. In some cases, certain lands designated as open space set-asides, such as wildlife habitat or greenways, may be dedicated to the Town or other public agency during the development review process. The Board of Commissioners shall determine which lands and under what conditions open space set-asides may be dedicated to the Town or other public agency.
(Ord. 2020-36, passed 12-2-2019)
5.7.7.   Maintenance of Open Space Set-Asides
   A.   The owner of the land shall be responsible for maintenance of all open space set-aside areas (including land, vegetation, private infrastructure, greenways, and other features) in accordance with this Ordinance and any conditions of approval associated with the development.
   B.   Failure to maintain open space set-aside areas is a violation of this Ordinance subject to the remedies and penalties in Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019)
5.8.   PARKING AND LOADING
5.8.1.   Purpose and Intent
The purpose of this section is to ensure provision of off-street parking and loading facilities in proportion to the generalized parking, loading, and transportation demand of the different uses allowed by this Ordinance. The standards are further intended to:
   A.   Provide for adequate off-street parking, off-street loading, and safe movement of vehicles into, out of, and through parking areas;
   B.   Allow for flexibility to accommodate alternative solutions to off-street parking and loading needs, where such flexibility is consistent with the Town's adopted policy guidance;
   C.   Reduce the aesthetic impact of surface parking lots in gateway corridors, downtown, and mixed-use areas through standards addressing on-site parking lot locations;
   D.   Avoid excessive paved surface areas and the resulting problems associated with stormwater runoff and urban heat islands; and
   E.   Protecting compatibility between adjacent uses of land and historic resources.
(Ord. 2020-36, passed 12-2-2019)
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