42-88. Conservation Subdivision Standards

Conservation subdivision standards shall apply to all subdivisions proposing 35 lots or more.

1. Open space shall:
   1. Comprise a minimum of 25 percent of the project area. Subdivisions proposing 100 or more lots may not use the floodway area to determine the overall density calculation but may count the floodway area for open space requirements. Floodplain areas are allowed to be calculated for both density and open space requirements.
   2. Be composed of (in order of which lands should be designated as open space first): primary conservation area, secondary conservation area, and any remaining lands necessary.
   3. Be designated so that a minimum of 50 percent of the proposed open space is contiguous and, where possible, adjoins open space or other protected areas (including protected forests or wildlife areas) outside the project area.
   4. Be designated so that, where possible, a majority of the lots directly abut open space to provide residents with direct views and access.
   5. Be accessible by safe and convenient pedestrian access from all adjoining lots (except in the case of farmland or other resources areas vulnerable to trampling damage or human disturbance).
   6. Be used as follows:
      
      1. Conservation of natural resources, archeological resources or historical resources;
      2. Agriculture, horticulture, or silviculture, provided all applicable best management practices are used to minimize environmental impacts;
      3. Passive recreation;
      4. Active recreation provided impervious surfaces are limited to a maximum of 12 percent of the total open space area;
      5. Nonstructural stormwater management practices;
      6. Easements for drainage, access, and underground utility lines; and
      7. Water, septic, and sewer systems.
   7. Not be used as follows:
      
      1. For motor vehicles (except for maintenance purposes as provided for in the Open Space Management Plan); and
      2. Roads, parking lots and impervious surfaces (except when accessory to active recreational uses).
2. Open Space Ownership. The applicant must identify current and future owner(s) of open space responsible for maintaining the area/facilities. The responsibility for maintaining the open space and its facilities shall be borne by the owner. If a homeowners’ association is the owner:
   
   1. Membership in the association shall be mandatory and automatic for all homeowners in the subdivision and their successors; and
   2. The association shall have lien authority to ensure the collection of dues from all members.
3. Open Space Management. The applicant shall submit “Open Space Management Plan” which includes:
   1. A statement allocating maintenance responsibilities and establishing guidelines for the upkeep of open space and its facilities;
   2. Cost estimates for maintenance, operation and insurance needs for the open space;
   3. A means by which funds will be obtained for all management expenses;
   4. A provision allowing the Subdivision Administrator to approve plan change; and
   5. Criteria for plan enforcement.
4. Legal Instrument for Permanent Protection. Open space shall be protected in perpetuity by a binding legal document recorded with the deed. The document shall be one of the following:
   1. Permanent conservation easement in favor of either:
      
      1. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or
      2. A governmental entity with an interest in pursuing goals consistent with the intentions of this Section.
   2. Permanent restrictive covenant for conservation purposes.
   3. Equivalent legal tool providing permanent protection, subject to approval by the County Attorney. The instrument shall include all restrictions contained in §42-87 (Conservation Subdivision Standards), and any further restrictions the applicant chooses to place on the use of the open space.
5. Open Space Density Bonus. Base density is determined by the zoning district in which the subdivision is located. Conservation subdivisions proposing more than the minimum required open space may be eligible for increased densities. Table 3.1outlines the criteria for density bonuses. Lands under conservation easement shall not be counted when determining density bonuses. Permitted housing densities shall not exceed the maximum allowances of any applicable water supply watershed requirements.
   

   Table 3.1. Open Space Density Bonuses
   Percent Open Space (%)	25-30	31-40	41-50	>51
   Percent Housing Density Increases (%)	N/A	10	15	20

6. Agricultural Preservation Density Bonus. Base density is determined by the zoning district in which the subdivision is located. Conservation subdivisions proposed for sustaining existing on-site bona fide agricultural operations are entitled to a five (5) percent increase in permitted density. Residential lots in these subdivisions should be located in areas less suitable for agricultural production with prime farmland being preserved as open space. Lots should be located where agricultural operations do not interfere with the safety and well being of future residents. The reviewing agency may require vegetative buffering and/or additional setbacks between agricultural operations and lots to mitigate potential impacts of noise, vibration, light, and/or odor. This five (5) percent bonus may be used in conjunction and in addition to any applicable open space density bonus. Permitted housing densities shall not exceed the maximum allowances of any applicable water supply watershed requirements.
7. Structure Placement. Structures should be placed as closely to internal roads as permitted. The reviewing agency may reduce the front yard setback to a minimum of five (5) feet; taking into consideration sound engineering, public safety concerns and community character when applying the standards. Structures may be: (1) located in the side yard setback required by the zoning district regulations; and (2) placed as closely together as permitted by the North Carolina State Building Code.
8. Exemption. Conservation subdivision standards can be applied to any subdivision type, but are not required by this Chapter.