<div class="chunk-title">Sec. 4.3 - Subdivision design.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 4.3.1 Lots.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General Design Criteria.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Adequate Space</span>. Lot size, width, depth, shape and orientation shall be appropriate for location
               within the subdivision and location of the subdivision, and for the type of development
               and use contemplated. All lots shall provide adequate building space in accordance
               with the development standards contained in Subsection 4.1(c) of this article. Lots
               which are smaller than the minimum required for residential lots shall be identified
               on the plat as: "Not for a residential building site. No residential building permit
               shall be issued, nor shall any residential building be erected on this lot."
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Lots.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Minimum Dimensions</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Minimum lot dimensions shall be as specified in any regulations applicable to the
               area in which the proposed subdivision is located, subject to increases as required
               by the County Public Health Department's Division of Environmental Health for residential
               lots not served by public water supply and public sanitary sewerage. For the purpose
               of calculating built-upon area, total project area shall include total acreage in
               the tract on which the project is to be developed.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Depth and width of lots subdivided for nonresidential purposes shall be adequate for
               off-street parking and service facilities required by the type of use and development
               anticipated. Where such lots are to be used for purposes requiring water for domestic
               use and sanitary sewage disposal and where public water and/or sanitary sewerage is
               not provided, they shall also conform to the minimum area requirements set by the
               County Public Health Department's Division of Environmental Health.
               </p>
            		
            <p class="b2">
               <div style="float:right">
				
               <a href="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.3.png" target="_blank" data-image-filename="4.3.png"><img id="img_11" src="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.3.png" alt="4.3" width="256" height="281" data-image-filename="4.3.png"></a>
               </div>
				
               
               
               <p class="incr1">
                  (ii)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Setbacks</span>. Minimum building setback lines are regulated by the zoning district in which the
                  property is located or State Building Code.
                  </p>
               		
               
               <p class="incr1">
                  (iii)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Double Frontage (Through and Reversed Frontage Lots)</span>. In general, double frontage and reverse frontage lots shall be avoided except where
                  essential to provide residential separation from traffic arteries or to overcome other
                  disadvantages of orientation or topography or to provide protection for adjacent uses.
                  </p>
               		
               <p class="incr2">
                  1)
                  </p>
               		
               <p class="content3">
                  A planting screen easement of at least ten feet shall be provided along the line of
                  lots abutting traffic arteries or other disadvantageous uses, across which there shall
                  be no right of access unless specifically authorized by the Planning Director. The
                  screening shall be installed by the subdivider and maintained by his successors in
                  title utilizing only those species designated in the species list contained in the
                  list in the respective Appendices for each Regulated District in Article IX.
                  </p>
               		
               
               <p class="incr1">
                  (iv)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Side Lot Lines</span>. Side lot lines shall be substantially perpendicular or radial to street lines unless
                  a satisfactory lot pattern, easement pattern and area for access can otherwise be
                  provided.
                  </p>
               		
               
               <p class="incr1">
                  (v)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Lot Lines and Utility Easements</span>. Lot lines shall be so arranged with respect to utility easements as to permit efficient
                  installation of utilities without unnecessary irregularities in alignment.
                  </p>
               		
               
               <p class="incr1">
                  (vi)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Suitable Building Sites; Identification of Lots Not for Building</span>. Lots for building shall contain suitable building sites, and lots not to be built
                  upon shall be identified in accordance with the following:
                  </p>
               		
               <p class="incr2">
                  1)
                  </p>
               		
               <p class="content3">
                  No subdivision shall be approved unless it has been determined that each lot or parcel
                  intended for building contains a building site:
                  </p>
               		
               <p class="incr3">
                  a)
                  </p>
               		
               <p class="content4">
                  Determined by licensed professional engineer, landscape architect, or other qualified
                  professional, to be free from inundation and safely accessible from an approved street
                  during rainfall of ten-year return frequency.
                  </p>
               		
               <p class="incr3">
                  b)
                  </p>
               		
               <p class="content4">
                  Of configuration reasonably adapted to building.
                  </p>
               		
               <p class="incr3">
                  c)
                  </p>
               		
               <p class="content4">
                  Suitable for potential building use as permitted by any regulations applicable to
                  the area in which the proposed subdivision is located and any other applicable ordinances,
                  including, without limitation, the County flood damage prevention ordinance and mountain
                  and hillside development ordinance.
                  </p>
               		
               <p class="incr3">
                  d)
                  </p>
               		
               <p class="content4">
                  Without danger from subsidence, heaving, erosion or slippage of soils; from hazards
                  or nuisances incidental to airports as related to potential uses of such lots; or
                  from other menaces to health, safety or the general welfare.
                  </p>
               		
               <p class="incr2">
                  2)
                  </p>
               		
               <p class="content3">
                  As guides for such determinations, the applicable approval authority shall give due
                  consideration to limitations, standards and requirements established in ordinances
                  and regulations adopted in conformance with the national flood insurance program,
                  provision of water and sewerage, proposed drainage and potential types of occupancy
                  and the like.
                  </p>
               		
               <p class="incr2">
                  3)
                  </p>
               		
               <p class="content3">
                  Where a lot or parcel is not intended for building, such requirements shall not apply,
                  but such lot or parcel, which might be for utility substations, rights-of-way, and
                  the like, shall be identified on the plat and the limitation noted thus: "Not for
                  a residential building site. No residential building permit shall be issued, nor shall
                  any residential building be erected on this lot."
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p>
            <p class="b0">
               <span class="bold">4.3.2 Open Spaceâ€”Major Subdivisionsâ€”Level 1 and Level 2</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The standards in this section seek to achieve the goals of preserving land for recreational
               opportunities, preferably in a natural or semi-natural state, in perpetuity. Objectives
               of the open space standards in this section are primarily related to the provision
               of recreational opportunities, but open space can also serve environmental, scenic,
               and agricultural purposes and provide habitat for wildlife
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Applicability.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Open space standards are applicable to Level 1 and Level 2 major subdivisions.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Flexibility.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Recognizing that one approach does not work for all situations, the open space features
               and standards set forth in Section 4.3.2 (e) provide open space options in Level 1
               and Level 2 major subdivisions. Persons wishing to subdivide property should determine
               which option will work best for them and prepare their subdivision plat in compliance
               with the requirements of that option.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Designation of Land for Open Space.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Open space areas as required by the Table 4.1 below must be identified on subdivision
               plats. Areas designated as open space shall be maintained as open space and shall
               not be developed for purposes other than for recreation.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Maintenance of the open space shall be the responsibility of the homeowner's association
               or other entity created for this purpose. See also <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.8HOPROWAS" class="section-link" data-product-id="14666">Section 4.8</a>.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               A percentage of the lot area shall be designated as open space as required by Table
               4.1. In determining the amount of open space required the acreage of all lots, excluding
               road rights-of-way, and easements, shall be totaled. The required open space shall
               be a percentage of this total as required by Table 4.1 below.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Individual areas designated as open space areas shall not contain less than 2,500
               square feet, although smaller areas may be approved by the Planning Board if the intent
               of this section is determined to be met. The Planning Board, in their review of the
               preliminary plat, shall assure that open space areas are conveniently located and
               accessible to all lots. Open space areas shall have connections to subdivision roads
               and/or trail systems that will permit access by all subdivision residents.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Except in a family subdivision, no lot shall contain any areas protected as water
               areas as defined herein. No lot in a Level 1 or Level 2 major subdivision shall contain
               areas identified as open space.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               Land to be designated as open space shall meet the standards set forth in Section
               4.3.2 (e). In addition to these standards, any land designated as a future greenway
               on any official plan adopted by the County shall be designated as open space. The
               land to be designated as open space must be approved by the County Planning Board
               as part of the subdivision preliminary plat approval process.
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead2 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" width="400" style="font-size:12px;">
                     <colgroup class="std">
                        <col width="50%">
                        <col width="50%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td colspan="2" class="left  top ">
                              <span class="bold">Table 4.1: Open Space Requirements</span>
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              <span class="bold">Number of lots or buildings</span>
                              </td>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              <span class="bold">Open Space Requirement<sup>1</sup>
                                 </span>
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              Less than 8
                              </td>
                           <td class=" top ">
                              None
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              8â€”20
                              </td>
                           <td class=" top ">
                              10% of total lot area
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              21â€”50
                              </td>
                           <td class=" top ">
                              15% of total lot area
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              More than 51
                              </td>
                           <td class=" top ">
                              20% of total lot area
                              </td>
                        </tr>
                        <tr>
                           <td style="font-size:8pt; " colspan="2" class=" top ">
                              <sup>
                                 1
                                 </sup>
                              Total lot area = area of all lots excluding road rights-of-way, easements, etc.
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Open Space Use Standards.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following areas within the proposed subdivision are considered optimal for preservation
               as open space and shall be given highest priority for designation as open space on
               the plat of any Level 1 or Level 2 major subdivision:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Designated floodways and special flood hazard areas identified on the flood insurance
               rate maps for the County prepared by the Federal Emergency Management Agency (FEMA).
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Natural watercourses and any adjoining areas required to be maintained in a natural
               vegetated and unaltered state by the County watershed protection regulations.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Steep slopes as defined by the County mountain and hillside development provisions.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Areas adjacent to rivers, creeks, streams, and other water bodies that may serve as
               buffers for the water bodies.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Any environmentally sensitive areas where development might threaten water quality
               or ecosystems (e.g., watershed buffers, groundwater recharge areas).
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Any identified important historic resources (e.g., homesteads, mills, barns, archeological
               sites) identified from a local archeological or architectural survey or an individual
               site survey.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Productive farmland or forest land intended for continued agricultural and/or forestry
               use and placed in the County's farmland preservation program and/or covered by a forestry
               management plan.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Limitations.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               No more than 50 percent of the area(s) designated as open space may have the natural
               ground cover substantially altered or converted to a recreational use.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               No more than 50 percent of the net open space shall be covered by permanent water
               bodies or streams; their buffers shall not be included in the calculation of this
               50 percent restriction.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Impervious surfaces shall not exceed 12 percent of open space areas.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               On golf courses, natural areas that are a part of the course are considered open space.
               Unnatural streams, ponds, or water hazards are not considered open space.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               A developer or landowner may submit a written request for a waiver from these rules.
               The request shall come before the Planning Board and be decided upon with a simple
               majority vote.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               Open space may be used to provide active and/or passive outdoor recreation opportunities,
               either for the general public or for the subdivision's residents or employees and
               their guests provided that all standards as set forth in applicable local, State,
               and Federal ordinances and regulations for use of these areas are followed.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Allowable/Qualified Open Space.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Wooded, uncleared, and undeveloped areas in a natural state that may provide wildlife
               habitat.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Recreation areas including those that alter the natural ground cover, such as swimming
               pools, tennis courts, basketball courts, shuffleboard courts, batting cages, and other
               uses befitting the intent of this article.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Water bodies and streams and their buffers, including trout stream buffers.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Greenways dedicated to environmental, scenic, or recreational purposes.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Lands for passive, non-motorized recreation, including activities such as running/walking,
               hiking, biking, primitive camping, disc (Frisbee) golf, and similar low-impact outdoor
               activities.
               </p>
            		
            <p class="b1">
               <div style="float:right">
				
               <a href="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.4.png" target="_blank" data-image-filename="4.4.png"><img id="img_12" src="https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14666/425389/4.4.png" alt="4.4" width="288" height="249" data-image-filename="4.4.png"></a>
               </div>
				
               
               
               <p class="incr1">
                  (vi)
                  </p>
               		
               <p class="content2">
                  Active recreational facilities including volleyball courts, playing fields, and playgrounds
                  provided they have pervious surfaces.
                  </p>
               		
               
               <p class="incr1">
                  (vii)
                  </p>
               		
               <p class="content2">
                  Community and private gardens.
                  </p>
               		
               
               <p class="incr1">
                  (viii)
                  </p>
               		
               <p class="content2">
                  Farmland for crop and livestock fields including horse pastures, but not including
                  structures or homes on farm properties.
                  </p>
               		
               
               <p class="incr1">
                  (ix)
                  </p>
               		
               <p class="content2">
                  In the community open space, community amenities such as public decks, plazas, picnic
                  shelters, gazebos, outdoor stages, or similar accessory structures.
                  </p>
               		
               
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Areas Not Allowed as Open Space</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Public or private sheds, open or enclosed storage facilities, barns, or similar accessory
               structures.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Areas for motorized recreational use such as boat ramps and off-road/four-wheeling
               trails.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Any public or private road, driveway, or parking area, regardless of whether it is
               paved, unpaved, gravel, tile, brick, or pervious pavers. Rights-of-way and areas reserved
               for any existing or future road are also excluded.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Solid waste disposal areas (including dumpster location sites).
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Areas for aboveground utility structures as well as cleared areas for solar panels
               or telecommunications installations (such as satellite dishes), whether for public
               or private use.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               Land that is contaminated with hazardous or toxic waste or materials as defined by
               state or federal regulations (except land covered by an approved mitigation plan and
               deemed acceptable to the County).
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               All other impervious or unnatural ground covers or land uses.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Location and Design</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The location, size and character of required open space shall be appropriate to its
               intended use (e.g., open space proposed to be used for recreation, particularly active
               recreation, shall be located and designed so as to be conveniently and safely reached
               and used by those persons it is intended to serve, and open space proposed to be used
               for ball fields, playing fields, or other extensive active recreational facilities
               should be located on land that is relatively flat and dry.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Open space shall be spatially arranged to provide connections among open space areas.
               Connected open space provides channels for stormwater flow and infiltration, useable
               recreation areas, and wildlife corridors. When possible, open space shall be arranged
               so as to connect across property lines. Natural areas in conservation subdivisions
               should connect to adjacent areas of open space and existing habitat on surrounding
               properties. Open space areas should maintain a minimum 50-foot width for the entire
               extent of the open space, except for trails or other connections between open space
               areas.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Sidewalks may be provided per Section 4.3.5 (j).
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               The State requires a riparian protection zone (minimum 30-foot buffer from top of
               bank) on both sides of named trout waters and their tributaries. The protection of
               stream banks provides many benefits, including providing natural habitat corridors
               for native species and protecting the quality and integrity of streams and their banks.
               Additionally, it limits development in areas prone to flooding and actually helps
               decrease the volume of stormwater runoff, particulate matter, and contaminates entering
               the streams. The mandated stream buffers shall be incorporated into open space requirements.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Open Space Dedication or Reservation.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Open space shall be dedicated or reserved in accordance with the standards contained
               herein.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Land designated as open space to meet the requirements of this section shall be conveyed
               to a property owners' association or similar legal entity or to a public agency or
               nonprofit organization that is organized for, capable of, and willing to accept responsibility
               for managing the open space for its intended purpose and that will ensure subdivision
               property owners access to and use of the open space.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Each dedicated or reserved open space parcel shall be shown on all subdivision plans
               and on a record plat recorded with the County Register of Deeds, with a notation of
               its area and its intended open space use. The owner of an open space parcel may rededicate
               or re-reserve the parcel for another open space use allowed under this section by
               recording a record plat showing the parcel and its new intended open space use.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Open space area, with the prior written consent of the County, shall be designated
               prior to, or concurrent with, the recording of the final subdivision plat. The method
               of conservation shall be stated on the submitted subdivision plat(s) and shall be
               approved by the County planning department. Open space shall be dedicated to, owned,
               and maintained in perpetuity by any of the following:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               A homeowners' association, having acquired fee simple title to the open space from
               the developer, in which membership is mandatory for all homeowners within the development.
               </p>
            		
            <p class="incr4">
               i)
               </p>
            		
            <p class="content5">
               Any conveyance to a homeowners' association shall be subject to restrictive covenants
               and easements reviewed by the Director and recorded and filed at the time the subdivision
               plat for the project area is recorded.
               </p>
            		
            <p class="incr4">
               ii)
               </p>
            		
            <p class="content5">
               The covenants and easements shall provide for the establishment of a homeowner's association
               before any homes are sold, where membership is mandatory for the initial home buyer
               and any successive buyer, the association is responsible for liability insurance and
               local taxes on common open space and recreational facilities owned by it, and any
               fees levied by the association that remain unpaid will become a lien on the individual
               property in accordance with procedures established under the dedication or organization
               document.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A perpetual conservation easement on the open space held and enforced by an established
               land trust or conservation organization;
               </p>
            		
            <p class="incr4">
               i)
               </p>
            		
            <p class="content5">
               With its prior express written consent, a governmental body (e.g., the County Department
               of Parks and Recreation, State of North Carolina, United States government); or
               </p>
            		
            <p class="incr4">
               ii)
               </p>
            		
            <p class="content5">
               Any other structure or entity designed to afford such perpetual maintenance for the
               open space as same may be approved in advance by the County Planning Board.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Open Space Maintenance</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The owner of the open space shall be responsible for maintaining the open space so
               that it continues to effectively function for its intended use, and any dedication
               or conveyance of an open space parcel shall provide for such responsibility. Where
               the subdivision is located within a Watershed Protection District, retention of undeveloped
               open space in a vegetated or natural state shall be ensured by maintenance provisions
               filed with the County Planning Department, either as part of recorded documentation
               providing for establishment of a property owners' association or similar legal entity
               that is to be responsible for maintenance and control of open space or in a maintenance
               agreement recorded with the property deeds.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Fee-In-Lieu</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               For all open space requirements not involving property designated as a greenway on
               any official plan adopted by the County, a property owner may elect to pay a fee-in-lieu
               of open space instead of providing the required open space provided that the Planning
               Board finds during the preliminary plat review that there is reasonable existing or
               future open space proximate to the subject parcel available for use by the future
               residents of the proposed subdivision.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               This fee shall be calculated by using the pro rata value of the designated property
               relative to the value of the entire site to be developed using tax appraisal data;
               for properties covered by agricultural or other exemptions, the County may utilize
               a separate appraisal method in its sole discretion. Funds collected in this manner
               shall be maintained in a separate account and shall be used to purchase property,
               or to enhance recreational use of property, or to implement projects identified in
               the Greenway Master Plan and/or the County parks and recreation master plan provided
               such features are reasonably proximate to the site(s) from which the funds are collected
               (located in the same County commissioner district as the subdivision providing the
               fee in lieu). Where practical, the collected fees for each project shall be designated
               for specific parks and recreation acquisitions and/or enhancements by the County.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               For developments and subdivisions containing more than 50 residential units, the fee-in-lieu
               option may only be used for up to 50 percent of the open space requirements in order
               to ensure that these larger projects provide on-site open space for their residents.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               <span class="ital">Mitigation Program</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               For all open space requirements not involving property designated as a greenway on
               any official plan adopted by the County, a property owner may elect to donate property
               of equal value located in any area of the County to a program that would preserve
               it as public open space accessible to all residents of and visitors to the County
               in lieu of providing open space within the proposed development. The value of the
               property required for open space shall be calculated by using the pro rata value of
               the designated property relative to the value of the entire site to be developed using
               tax appraisal data. The value of the property to be donated shall be calculated in
               the same way. The value of properties covered by agricultural or other exemptions
               may be calculated by the County using a separate appraisal method in its sole discretion.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Standards for Property to Be Donated</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               <span class="ital">Property to be donated to the County in lieu of dedicating open space within a subdivision
                  shall meet the following standards:</span>
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               The property shall be maintained as public open space, with a written agreement guaranteeing
               the preservation of the open space.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               The property must be donated to a unit of government, public agency, or nonprofit
               organization that is organized for, capable of, and willing to accept responsibility
               for managing the property for its intended purpose as open space and that will ensure
               County residents and visitors direct access to and use of the property as public open
               space.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Direct access to the property by the public must be maintained in perpetuity, with
               a written agreement guaranteeing direct access by the public.
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               Donation of the property as mitigation in lieu of providing all or any portion of
               the required open space within the subdivision must be approved by the Planning Board.
               </p>
            		
            <p class="incr3">
               e)
               </p>
            		
            <p class="content4">
               The property to be donated as mitigation must be identified in an official plan adopted
               by the County as suitable (desirable) for public open space.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               <span class="ital">Standards for Dedication of Land</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Property to be provided as mitigation in lieu of providing open space within a subdivision
               shall be donated to a public agency or nonprofit organization. Said public agency
               shall be organized for, capable of, and willing to accept responsibility for managing
               the property for open space purposes. The final recorded plat for subdivisions that
               donate land as mitigation in lieu of providing open space in the subdivision shall
               have a note stating that land has been donated as mitigation and providing the acreage,
               location, and deed reference of the property donated. The standards set forth in Section
               4.3.2(d) above for dedication of open space shall be met when donating land as mitigation
               in lieu of providing open space within a subdivision.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021; Amend. of 3-1-2022, Att.)
               </p>
            <p class="b0">
               <span class="bold">Sec. 4.3.3 Open Spaceâ€”Conservation Subdivisions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Required Open Space</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The open space provided by conservation design can be used to provide recreational
               opportunities for the subdivision's residents or employees, to conserve and protect
               significant natural areas and environmentally sensitive areas, to conserve important
               historic resources, and/or to conserve productive farming and forestry uses.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Land within the subdivision site that is not contained in lots or in rights-of-way
               or parcels devoted to accommodating necessary roads and utilities shall be in one
               or more connected parcels dedicated or reserved as permanent open space.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Lands identified as optimal conservation areas pursuant to subsection (b) of this
               section shall be deemed permanent open space in accordance with this section. When
               optimal conservation areas do not equal or exceed 20 percent of the land area of the
               subdivision, additional open space shall be designated so that at least 20 percent
               of the area of the subdivision is made permanent open space.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Subdivisions within the Cashiers Commercial Area intended for commercial uses shall
               be exempt from the open space requirement contained herein but shall comply with the
               requirements for preservation of water areas contained in <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIVSU_S4.10PRSTCOMEWAAR" class="section-link" data-product-id="14666">Section 4.10</a>.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Open Space Use, Location and Design.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following areas are considered optimal conservation areas and shall be designated
               as open space on the plat of any conservation subdivision as necessary to meet the
               required 20 percent of land area:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Designated floodways and special flood hazard areas identified as part of a flood
               insurance study prepared by FEMA.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Natural watercourses and any adjoining areas required to be maintained in a natural
               vegetated and unaltered state by this article or other applicable regulations.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Any environmentally sensitive areas where development might threaten water quality
               or ecosystems (e.g., watershed buffers, groundwater recharge areas).
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Any identified important historic resources (e.g., homesteads, mills, barns, archeological
               sites) identified from a local archeological or architectural survey or an individual
               site survey.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Productive farmland or forest land intended for continued agricultural and/or forestry
               use.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Steep slopes (those exceeding 35 percent).
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Any identified sensitive natural area as defined herein.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Open space may be used to provide active and/or passive outdoor recreation opportunities,
               either for the general public or for the subdivision's residents or employees and
               their guests provided that all standards as set forth in applicable local, state,
               and federal ordinances and regulations for use of these areas are followed. Impervious
               surfaces in required open space are limited to ten percent of the open space not contained
               within the optimal conservation area. Note: This does not preclude a membership requirement
               or monetary charge for use of recreation facilities, such as a golf, swim, or tennis
               club, as long as subdivision residents have an opportunity to join the club or pay
               to use club facilities;
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Sidewalks may be provided by the developer, if approved by the Planning Board, to
               access a pedestrian destination point, such as a school, park, etc., and may constitute
               part of the open space requirements.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               The location, size, character, and shape of required open space shall be appropriate
               to its intended use (e.g., open space proposed to be used for recreation, particularly
               active recreation), shall be located and designed so as to be conveniently and safely
               reached and used by those persons it is intended to serve, and open space proposed
               to be used for ball fields, playing fields, or other extensive active recreational
               facilities should be located on land that is relatively flat and dry).
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Design Procedure.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following conservation design procedures shall be used in evaluating Level 1 and
               Level 2 major subdivision applications:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Existing features/site analysis. An existing features/site analysis map shall be submitted
               to the Planning Department. The map shall indicate all features that exist on the
               subject site as described in this section.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Identification of open space conservation areas. Open space areas shall be identified.
               Guidance as to which parts to classify as open space areas shall be based upon three
               factors:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               On-site visits by the Director, the subdivider and the site designer.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               The open space standards described in Section 4.3.3(b).
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               The evaluation criteria as shown in Section 4.3.3(d).
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Principal structure setback from open spaces. Any principal structures must be set
               back a minimum of 30 feet from all open space lot lines. Provided, however, the Director
               may reduce this setback requirement when, due to soil types, topography or other site
               considerations, strict compliance would result in practical difficulty or unnecessary
               hardship and when adequate assurances have been given for the protection of the open
               space.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Street, trail, and sidewalk locations and alignments. All streets, sidewalks, and
               trails shall be located and aligned on the site in the most reasonable and economical
               manner. Trails shall be provided from housing clusters to the designated open space.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Evaluation Criteria.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               For any given site, resources may vary widely by importance. Likewise, for each type
               of resource, there should be examples of greater or lesser significance. In evaluating
               the layout of a site, the following evaluation criteria will be considered in determining
               the site's features and allowing for site design flexibility:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The open space shall be reasonably contiguous and shall abut existing open space on
               adjacent sites.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Wetlands, flood hazard areas and natural watercourses with associated buffers shall
               not be cleared, filled or graded except as authorized by State, Federal and other
               applicable regulations and as may be approved by the Planning Director. Water features
               shall constitute no more than 50 percent of the open space area.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Dwellings shall be located in unwooded parts of the site to prevent unnecessary clearing
               practices. Exceptions may be made when a site investigation by County staff reveals
               all or part of wooded areas are not worth saving due to tree decay/disease or unsightly
               overgrowth.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The impacts on larger woodlands over five acres shall be minimized as much as practical.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Where farmland preservation is the goal of a site design, dwellings shall be located
               away from active farming areas, as is practical.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Where preserving scenic views is the goal of a site design, such scenic views should
               remain unblocked and uninterrupted. In wooded areas, where enclosure (i.e., a tree
               canopy) is a feature to be maintained, a no-cut and no-build buffer shall be considered
               along the public roadway.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Where historic or archeological preservation is the goal of a site design, new streets,
               driveways, fences and/or utilities shall not interfere with the historic site. Building
               designs of the new homes shall reflect the qualities and designs of the historic buildings,
               as much as is practical.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Where power line rights-of-way are proposed to be included as part of the open space,
               the right-of-way shall not exceed 50 percent of the required permanent open space.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021; Amend. of 3-1-2022, Att.)
               </p>
            <p class="b0">
               <span class="bold">Sec. 4.3.4 Open Spaceâ€”Cluster Development.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Open Space Use, Location and Design.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All built-upon area shall be designed and located to minimize stormwater runoff impact
               to the receiving waters and minimize concentrated stormwater flow.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The remainder of the tract shall remain in a vegetated or natural state. The title
               to the open space area shall be conveyed to a property owners' association for management;
               to a local government for preservation as a park or open space; or to a conservation
               organization for preservation in a permanent easement. Where a property owners' association
               is not incorporated, a maintenance agreement shall be filed with the property deeds
               and a copy submitted to the division of environmental management.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               A minimum 30-foot vegetative buffer for development activities is required along all
               perennial waters defined as:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Streams and impoundments indicated on the most recent versions of United States Geological
               Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Streams and impoundments, including natural or manmade surface channels in which water
               flows most of the year.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Streams and impoundments as determined by local government studies.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               No new development is allowed in the buffer except for water-dependent structures.
               Other structures (not to include slated decks) such as flag poles, signs and security
               lights which result in only minor increases in impervious area, and public projects
               such as road crossings and greenways where no practical alternative exists would be
               allowed. These activities should minimize built-upon surface area, direct runoff away
               from the surface waters and maximize the utilization of stormwater best management
               practices. Additional development that would reduce the area of vegetative buffer
               shall be prohibited.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Development projects permitted under the Special Intensity Allocation (SIA) shall
               provide a minimum 50-foot vegetative buffer. Desirable artificial stream bank or shoreline
