In addition to
the other requirements of the Town Code,
developments within the MCD District shall comply with the following
A. Open Space Standards
1. At least thirty percent (30%) of the acreage of the property shall be dedicated open space with public access.
2. Up to 25 percent (25%) of the open space required by subsection 175-53.13B.1. may be satisfied with land covered by water.
3. Required open space, including ingress/egress to the required open space, shall not be located within individual building lots.
4. Required open space shall not be further subdivided, and any future development of open space shall only be for the purpose of enhancing the use that it is dedicated for.
5. Open space shall be permanently dedicated for one of more of the following uses: natural resource conservation, or recreational facilities, wetland and water course preservation, selective forestry, wildlife habitat, undeveloped parklands or scenic preservation.
6. 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:
[a] Deeded in perpetuity to the Town of Front Royal or other governmental agency for the purposes herein.
[b] 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.
[c] 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.
[d] 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:
i. 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;
ii. The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities;
iii. 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
shall maintain control of dedicated open
space and be responsible for its maintenance until 75% of occupancy
residential units have been issued and development is sufficient to
development occurs in phases, the
dedicated natural open space may also be phased with the construction
8. Pre-development streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement.
B. Lighting Standards.
1. All outdoor lighting shall be designed to the standards of the International Dark-Sky Association (IDA), or an equivalent set of standards that effectively reduce light pollution.
2. Lighting shall be provided within all parking lots.
C. Underground Utility Standards. All new utilities shall be located underground. The Planning Commission may authorize the use of overhead lines where underground lines would adversely impact wetlands or other physical features of the land, or where the use of overhead lines is temporary.
1. The gross