Section
175-37.06
OPEN SPACE STANDARDS.
A. Planned
neighborhood developments shall reserve a
minimum of 25 percent of the acreage of the parcel as dedicated natural
open
space.
B. Up
to 25 percent of this requirement may be
satisfied with land covered by water or by stormwater detention or
retention
basins (dry ponds shall not be permitted as open space), if the Town
Council
determines that such a water body or basin is suitable for the purposes
set
forth in Section 175-37.1. The dedicated open space shall not be
included
in subdivision lots. Dedicated open space shall include the land
necessary to provide access to the open space.
C. Land
characterized as conservation lands in
Section 175-37.4.E. of this ordinance may be used to fulfill the
minimum open
space requirement up to a maximum of 50 percent of the total dedicated
natural
open space within a planned neighborhood development.
D. Dedicated
open space shall have shape, dimension,
character, location, and topography to accomplish the open space
purposes
specified in Section 175-37.1 and to ensure appropriate public access.
E. Dedicated
open space land shall be shown on the
planned neighborhood development Concept Plan and Master Land Use Plan
and
shall be labeled to specify that the land has been dedicated to open
space
purposes. The plans and final plat shall specify that the open
space land
shall not be further subdivided or developed and is permanently
reserved for
natural open space purposes.
F. The
open space shall be conveyed by the applicant
as a condition of plat approval and may be conveyed by any of the
following
means as determined by the Town Council:
1. Deeded
in perpetuity to the Town
of Front Royal or other governmental agency for the purposes herein.
2. Reserved
for common use or
ownership of all property owners within the development by covenants in
the
deeds approved by the Town Attorney. A copy of the proposed deed
covenants shall be submitted with the application.
3. Deeded
in perpetuity to a
private, non-profit, tax-exempt organization legally constituted for
conservation purposes under terms and conditions that ensure the
perpetual
protection and management of the property for conservation purposes.
A
copy of the proposed deeds and relevant corporate documents of the land
trust
shall be submitted with the application.
4. Deeded
to a property owner's
association within the development upon terms and conditions approved
by the
Town Attorney that will ensure the continued use and management of the
land for
the intended purposes. The formation and incorporation by the applicant
of one
or more appropriate property owners' associations shall be required
prior to
plat approval. A copy of the proposed property owner's deed and
the
by-laws and other relevant documents of the property owner's
association shall
be submitted with the application. The following shall be
required if
open space is to be dedicated to a property owner's association:
a. Covenants
providing for mandatory
membership in the association and setting forth the owner's rights,
interests,
and privileges in the association and the common land, must be included
in the
deed for each lot or unit;
b. The
property owners' association shall
have the responsibility of maintaining the open space and operating and
maintaining recreational facilities;
c. The
association shall have the
authority to levy charges against all property owners to defray the
expenses
connected with the maintenance of open space and recreational
facilities; and
d. The
applicant shall maintain control
of dedicated open space and be responsible for its maintenance until
75% of
occupancy permits for residential units have been issued and
development is
sufficient to support the association.
G. The
owner/developer shall convey or restrict the
open space land by a deed instrument reviewed and approved by the Front
Royal
Town Attorney to ensure that the land will be held and managed in
perpetuity
for open space purposes and shall not be further developed.
H. If
the planned neighborhood development is
developed in phases, the provision of dedicated natural open space
shall be
phased with the construction of dwelling units and other improvements
to ensure
that a proportionate share of the total dedicated open space is
preserved with
each phase.
I. Streets
and other impervious surfaces shall be
excluded from the calculation of the minimum dedicated open space
requirement;
however, lands occupied by bike paths, landscaped grounds, or similar
common
recreational development (excluding tennis courts, golf courses, and
buildings)
may be counted as dedicated open space, provided that impervious
surfaces
constitute no more than 5 percent of the total required open space.
J. Open
space shall be permanently dedicated for one
of more of the following uses: natural resource conservation,
recreational
facilities, wetland and water course preservation, selective forestry,
wildlife
habitat, undeveloped parklands or scenic preservation.
(Ord.
No. Z-1-05 Added Entire Section 4-11-05-Effective Upon Passage)