<div class="chunk-title">Sec. 70-103. - Subdivision design.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Blocks.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The lengths, widths, and shapes of blocks shall be determined with due regard to:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Provision of adequate building sites suitable to the special needs of the type of
               use contemplated;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Zoning requirements;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Need for vehicular and pedestrian circulation;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Control and safety of street traffic;
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Limitations and opportunities of topography; and
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Convenient access to water areas.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Blocks shall not be less than 400 feet or more than 1,800 feet.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Blocks shall have sufficient width to allow two tiers of lots of minimum depth except
               where single tier lots are required to separate residential development from through
               vehicular traffic or another type of use, in nonresidential subdivisions, or where
               abutting a water area.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Where deemed necessary by the planning board or the board of commissioners, a pedestrian
               crosswalk at least 15 feet in width may be required to provide convenient pubic access
               to a public area such as a park or school, to a water area, or to a areas such as
               shopping centers, religious, or transportation facilities.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Block numbers shall conform to the county street numbering system, if applicable.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Lots.</span> Lot sizes, shapes and locations shall be made with due regard to topographic conditions,
               contemplated use, and the surrounding area. Land located within the floodway boundary
               as indicated by the Federal Emergency Management Agency (FEMA) flood boundary and
               floodway maps, and land deemed by the planning board to be uninhabitable for other
               reasons shall not be platted for residential occupancy, nor for such other uses as
               may increase danger to health, life, or property, or aggravate the flood hazard; but
               such land may be set aside for such uses as will not be endangered by periodic or
               occasional inundation, or will not produce unsatisfactory living conditions.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Every lot shall front on abut on a road or street built to state department of transportation
               standards, or an approved driveway connected to such street, and no unusable or inaccessible
               lots may be created. Not more than three lots shall be allowed to be serviced by an
               approved driveway, per parcel, as provided in <a href="" data-chunk-id="COOR_CH70SU_ARTIVREIMDEREMISTDE_S70-104STDR" class="section-link" data-product-id="13953">section 70-104</a>(f).
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Residential lots with individual wells and sewage disposal systems shall be at least
               20,000 square feet in area, not less than 75 feet wide at the building line, or less
               than 150 feet in depth. Lots with community water or community sewer shall be at least
               15,000 square feet in area, not less than 60 feet at the building line, or less than
               120 feet in depth. Lots with both community water and community sewer shall be no
               less than 12,500 square feet in area, not less than 50 feet at the building line,
               or less than 100 feet in depth (see table below). Note: The below-listed lot dimensions
               are the minimum standards only, and larger width and depth dimensions may be required
               in order to comply with additional road frontage setbacks listed in subsection (c)
               of this section.
               </p>
            		
            <p class="bc1">
               DIMENSIONAL REQUIREMENTS TABLE
               
               <div>
                  <div class="" style="width:100%">
                     <table class=" left" cellpadding="3" cellspacing="0" border="1" rules="all" width="448">
                        <colgroup class="std">
                           <col width="40%">
                           <col width="20%">
                           <col width="20%">
                           <col width="20%">
                        </colgroup>
                        <tbody>
                           <tr>
                              <td class=" top ">
                                 Type Water and
                                 <br>
                                 Sewerage System
                                 </td>
                              <td class=" top ">
                                 Minimum Lot Size
                                 <br>
                                 (square feet)
                                 </td>
                              <td class=" top ">
                                 Minimum Width at Building Line
                                 <br>
                                 (feet)
                                 </td>
                              <td class=" top ">
                                 Minimum Depth
                                 <br>
                                 (feet)
                                 </td>
                           </tr>
                           <tr>
                              <td colspan="4" class=" top "></td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Individual
                                 </td>
                              <td class=" top ">
                                 20,000
                                 </td>
                              <td class=" top ">
                                 75
                                 </td>
                              <td class=" top ">
                                 150
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Community water
                                 </td>
                              <td class=" top ">
                                 15,000
                                 </td>
                              <td class=" top ">
                                 60
                                 </td>
                              <td class=" top ">
                                 120
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Community sewer
                                 </td>
                              <td class=" top ">
                                 15,000
                                 </td>
                              <td class=" top ">
                                 60
                                 </td>
                              <td class=" top ">
                                 120
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Community water and sewer
                                 </td>
                              <td class=" top ">
                                 12,500
                                 </td>
                              <td class=" top ">
                                 50
                                 </td>
                              <td class=" top ">
                                 100
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 Any of the above-listed systems on a lot fronting on an existing state road
                                 </td>
                              <td class=" top ">
                                 20,000
                                 </td>
                              <td class=" top ">
                                 75
                                 </td>
                              <td class=" top ">
                                 200
                                 </td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Area within ingress, egress, and regress easements shall be excluded from the calculated
                  lot area of any lot.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Double frontage lots shall be avoided wherever possible.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Side lots lines shall be substantially at right angles to or radial to street lines.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  All newly subdivided lots that front on a state-maintained secondary road shall have
                  a minimum road frontage of 100 feet and shall be no less than 20,000 square feet in
                  size. The planning board or the board of commissioners may require larger lot frontage
                  wherever it deems such additional frontage is necessary to protect the public safety
                  or welfare.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Corner lots for residential use adjacent to interior residential streets shall have
                  an extra width of 20 feet, for a total lot minimum width of 95 feet at the building
                  line, to permit adequate building setback from side streets.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  All lots in new subdivisions shall conform to the zoning requirements of the district
                  in which the subdivision is located, if applicable. Conformance to zoning requirements
                  means, among other things, that the smallest lot in the subdivision must meet all
                  dimensional requirements of the county zoning ordinance, printed in appendix A to
                  this Code. It is not sufficient merely for the average lot to meet zoning requirements.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Where pubic water and/or sewer facilities are not available and individual water supplies
                  and/or individual sewage disposal systems are planned, and the subdivider, at his
                  own expense, shall have the site investigated under the supervision of the county
                  health department or other person approved the health department, to determine if
                  the site is suitable for individual sewage disposal systems, and shall present proof
                  to the planning board that each lot in the subdivision not served by public water
                  and public sewage disposal systems has been approved by the health department for
                  individual water supplies and/or sewage disposal systems. The health department may,
                  if soil conditions warrant, require lots larger than 20,000 square feet to protect
                  the public health.
                  </p>
               		
               
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Setbacks.</span> The minimum building setback from the property lines shall be as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               From the front property line, 30 feet.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               From the side property line, ten feet.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               From the rear property line, 25 feet.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               From the side property line on corner lots, 25 feet.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               From all property lines (front, side, and rear) adjoining existing major thoroughfares
               and state secondary roads, 60 feet.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               No accessory structure shall be located less than five feet for the side or rear lot
               line. No accessory structure on a corner lot shall extend beyond the side building
               line of the principle building. All accessory structures shall be located in side
               or rear yards. Structures located within five feet of the principal building shall
               be considered part of the principal building for setback calculations. The total size
               of the accessory structure shall not occupy more than 30 percent of the required rear
               yard.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Easements.</span> Easements shall be provided as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Utility easements.</span> Easements for underground or aboveground utilities shall be provided, where necessary,
               across lots or centered on rear or side lot lines and shall be at least 20 feet wide
               for water and sanitary sewer lines and as required by the companies involved for telephone,
               gas, and power lines. The planning board will determine whether one easement is sufficient
               or whether several easements are necessary to accommodate the various facilities and
               the subdivider shall provide the required easements.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Drainage easements.</span> Where a subdivision is traversed by a stream or drainageway, an easement shall be
               provided conforming with the lines of such stream and of sufficient width as will
               be adequate for the purpose.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Buffer strips.</span> In residential districts, a buffer strip at least 25 feet in depth in addition to
               the normal lot size and depth required shall be provided adjacent to all railroads
               and controlled access highway, commercial and/or industrial developments, multifamily
               housing and mobile home parks, and any other land use that the planning board deems
               necessary and where there may be potential conflict. This strip shall be a part of
               the platted lots, but shall have the following restrictions lettered on the face of
               the plat: "This strip shall be reserved for the planting of trees or shrubs by the
               owner; the building of structures hereon is prohibited."
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Swine farm setbacks.</span> No residential lots, except those created individually, shall be created on property
               within 750 feet of any active swine farm building or pond, which requires a permit
               from the state division of water quality or 150 feet from any permitted field used
               for the spraying of liquid waste, unless the proposed lot contains an area outside
               the areas described herein equal to the minimum lot size requirement in the subdivision.
               If a lot lies partially within 750 feet from any active swine farm building or pond,
               which requires a permit from the state division of water quality or 150 feet from
               any permitted field used for the spraying liquid waste, that portion of the lot lying
               within those boundaries must be marked on the plat and designated as being within
               750 feet of an active farm building or pond or 150 feet of a field used for spraying
               of liquid waste. No dwelling or outbuilding may be constructed within that area.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Cluster subdivisions.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Purpose and requirements.</span> The purpose of a cluster subdivision is to allow lots to be smaller and concentrated
               on those parts of the subdivision site best suited to accommodate development with
               the least adverse impact. Lot clustering allows smaller and less costly road and utility
               networks; encourages closer-knit and potentially safer neighborhoods; preserves sensitive
               farmland, woodlands, scenic views, and open space; and reduces the amount of impervious
               surface and resulting stormwater runoff. Open space provided by clustering can be
               used to provide recreational opportunities for the subdivision's residents, 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.
               It can also be used for the installation of individual wells or the installation of
               all, or part of individual septic systems not to exceed 30 percent of the required
               open space.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Minimum cluster subdivision site size.</span> The minimum land area within a parcel to create a cluster subdivision shall be at
               least five contiguous acres.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Maximum number of lots in a cluster subdivision.</span> The maximum number of lots allowed within a cluster subdivision shall be determined
               by dividing the total acreage in the tract, excluding state road rights-of-way, by
               the lot size requirement shown in this chapter or the zoning ordinance printed in
               appendix A to this Code or <a href="" data-chunk-id="COOR_CH30EN" class="section-link" data-product-id="13953">chapter 30</a>, article II, pertaining to the water supply watershed, whichever is the most restrictive.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Lot design and dimensional requirements.</span> Provided the arrangement, design and shape of the lots is such that the lots provide
               satisfactory and desirable sites for building, and all other requirements in this
               article and applicable local, state and federal requirements are met, the county planning
               board may recommend and the board of commissioners approve a plat that reduces the
               minimum lot area, lot width and yard requirements as shown in subsection (b)(2) of
               this section, <a href="" data-chunk-id="COOR_APXAZO_ARTVIAPDIRE_S61DIRE" class="section-link" data-product-id="13953">section 61</a> of the county zoning ordinance printed in appendix A to this Code, and/or <a href="" data-chunk-id="COOR_CH30EN_ARTIIWAPR_DIV2DERE_S30-57WAARDE" class="section-link" data-product-id="13953">section 30-57</a> pertaining to the water supply watershed. The lot requirements may be reduced as
               set forth below.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The minimum lot area shall not be less than 25 percent of the lot area required in
               the most restrictive ordinance but shall not be smaller than 8,000 square feet.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The minimum lot width requirement may be reduced by 50 percent but shall not be less
               than 45 feet.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The minimum front yard requirement may be reduced by 40 percent, but shall not be
               less than 20 feet.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The minimum side requirements may be reduced by 100 percent on one side of the lot
               provided the opposite side maintains the required minimum.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               The rear yard requirements may be reduced by 40 percent but shall not be less than
               15 feet. Yards abutting the boundaries of the entire cluster development site shall
               be no less than the minimum requirements of the most restrictive ordinance.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Site plan requirements.</span> The following shall be included on the preliminary plan of any proposed cluster subdivision:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               All items required in <a href="" data-chunk-id="COOR_CH70SU_ARTIIIPRREAPSUPL_S70-76INBECODEPRFIPL" class="section-link" data-product-id="13953">section 70-76</a>.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Building sites.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Driveways and parking spaces.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Landscaping.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Open space as required in subsection (h) of this section.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Street requirements.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               All street rights-of-way shall be public and designed to the current state department
               of transportation (NCDOT) standards.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Street construction shall be to standards approved by the county board of commissioners.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               In the event a street is not built to state department of transportation standards
               a homeowners association shall be formed that will be responsible for the ongoing
               maintenance of the street.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The board of commissioners may approve a gate or similar device at the entrance to
               the cluster subdivision.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Open space.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Purpose and requirements.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The requirements in this section are intended to provide for a subdivision design
               that is more efficient and better suited to the natural features of the land or would
               blend into the character of rural Wayne County. It is required that part of the subdivision
               site which in not devoted to lots and associated roads and utilities is to be set
               aside as usable open space. Sidewalks built to state department of transportation
               standards may be provided by the developer, if approved by the planning board or the
               board of commissioners as leading to a pedestrian designation point such as school,
               park, etc. Sidewalks may constitute all or part of the open space requirements. The
               amount of sidewalk shall be calculated at a cost equal to the amount of reduction
               from the maximum open space requirement, based on current valuation for property tax
               purposes.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Land within a cluster 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. The total
               area of parcels dedicated or reserved as permanent open space shall make up at least
               25 percent of the area of the subdivision site where the subdivision is located.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Open space use, location, and design.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Open space shall be dedicated or reserved for one or more of the following uses:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               Conservation of, and avoidance of development in, any readily identifiable natural
               hazards areas (i.e., areas that potentially pose a significant hazard to people or
               property), including:
               </p>
            		
            <p class="incr4">
               (i)
               </p>
            		
            <p class="content5">
               Designated floodways and floodplains identified on the Wayne County FIRM;
               </p>
            		
            <p class="incr4">
               (ii)
               </p>
            		
            <p class="content5">
               Other perennial wetlands (streams, lakes, ponds, etc.) as identified by the state
               division of water quality or the county soil survey;
               </p>
            		
            <p class="incr4">
               (iii)
               </p>
            		
            <p class="content5">
               Steep slopes (greater than 20 percent) and lands whose slope and/or soils make them
               particularly susceptible to erosion when disturbed by development activities;
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               Conservation and protection of any identified significant natural area (e.g., rare
               plant communities, important wildlife habitat) or other environmentally sensitive
               areas where development might threaten water quality or ecosystems (e.g., watershed
               buffers, groundwater recharge areas);
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               Conservation and protection of any identified important historic resources (e.g.,
               homesteads, mills, barns, and archeological sites) identified in "Glimpses of Wayne
               County, North Carolina";
               </p>
            		
            <p class="incr3">
               4.
               </p>
            		
            <p class="content4">
               Provision of active and/or passive recreation opportunities (e.g., ball fields, playgrounds,
               tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking
               trails, nature trails, and picnic areas), either for the general public or for the
               subdivision's residents or employees and their guests. (Note: This does not preclude
               a membership requirement or monetary charge for use of recreational facilities such
               as golf, swim, or tennis club, as long as subdivision residents have an opportunity
               to join the club or pay to use club facilities); or
               </p>
            		
            <p class="incr3">
               5.
               </p>
            		
            <p class="content4">
               Retention of productive farmland or forestland for continued agricultural and/or forestry
               use.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The highest priority for the location, design, and use of open space shall be given
               to conserving, and avoiding development in any natural hazard areas on the subdivision
               site.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Open space may contain only such buildings, structures, accessways, and parking facilities
               as are necessary and accessory to its principal uses (e.g., pedestrian path, recreational
               club house, utility lines, driveway, small parking area, barns and other farm storage
               and processing facilities).
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               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="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Open space dedication or reservation.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Subdivision occupants shall be ensured direct access to and use of the subdivision's
               open space, by conveying that portion of open space either to a homeowner's association,
               property owner's 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
               occupants direct access to and use of open space. Any other open space provided may
               be conveyed to such organizations as listed above or to any agency, organization,
               person, or other legal entity that is organized for its intended purpose, provided
               such conveyance is restricted to ensure continued open space use and maintenance.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Each dedicated or reserved open space parcel shall be shown on all subdivision plans
               and on a recorded plat with the county register of deeds with a notation of its area
               and its intended open space use (as identified in subsection (h)(2) of this section).
               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 revised plat showing the
               parcel and its new intended open space use.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Open space maintenance.</span> The open space owner 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.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Design procedure.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Identification of open space conservation areas. Open space areas shall be identified
               on the preliminary plat. Guidance as to which parts classify, as open space conservation
               areas shall be based upon three factors:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               On-site visits by the planning director, the subdivider and the site designer.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               The open space standards described in subsection (h)(2) of this section.
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               The evaluation criteria as shown in subsection (h)(6) of this section.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Street, trail, and sidewalk locations and alignments. All streets, trails, and sidewalks
               shall be located and aligned on the site in the most reasonable and economical manner.
               Access shall be provided from housing areas to designated open space.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Evaluation criteria.</span> For any given site, resources may vary widely by importance. Likewise, for each type
               of resource, there can 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">
               a.
               </p>
            		
            <p class="content3">
               The open space shall be reasonably contiguous and shall abut existing open space on
               adjacent sites.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               All wetlands, flood hazard areas and 20 percent slopes shall not be cleared, filled
               or graded except as may be approved by the board of commissioners. Water features
               shall constitute no more than 50 percent of the open space area.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The impacts on larger woodlands (over five acres) shall be minimized as much as practical.
               </p>
            		
            <p class="incr2">
               d.
               </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">
               e.
               </p>
            		
            <p class="content3">
               Dwellings in open fields or pastures shall be located at the farthest edges of a field
               as possible as seen from any public road.
               </p>
            		
            <p class="incr2">
               f.
               </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 (e.g., 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">
               g.
               </p>
            		
            <p class="content3">
               Where historic or archeological preservation is the goal of a site design, new streets,
               driveway, fences, and/or utilities shall not interfere with the historic site. Building
               designs of the new dwellings shall reflect the qualities and designs of the historic
               buildings, as much is practical.
               </p>
            		
            <p class="historynote0">
               (Ord. of 10-20-2009, Â§ 404; Ord. of 11-5-2014(2))
               </p></div>