HomeMy WebLinkAboutAgenda - 11-27-1995 - C-6 ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 27, 1995
Action Agenda
Item # c-—(a
SUBJECT: FLEXIBLE DEVELOPMENT/OPEN SPACE PRESERVATION STRATEGIES
DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No
ATTACHMENTS: INFORMATION CONTACT:
Planning Director X2592
Flexible Development Proposal
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 967-9251
Durham 688-7331
Mebane 227-2031
PURPOSE: To receive citizen comment on open space development strategies, including a staff-generated
Flexible Development proposal.
BACKGROUND: OPEN SPACE STRATEGY DEVELOPMENT:For almost nine years, a variety of meetings,
work group sessions, and/or public hearings has been held for the purpose of developing a set
of rural character/open space preservation strategies. The activities associated with this goal are
summarized below:
• January, 1987 -Rural Buffer zoning district adopted.
• June, 1487 - Assembly of Governments consensus on preserving open space in Rural
Buffer.
• November, 1987-Rural Character Study Committee appointed.
• May, 1990 - Rural Character Study Committee adopts Conceptual Guidelines for Rural
Buffer.
• September, 1990 - Rural Character Study Committee initiates work on Conceptual
Guidelines for Rural Orange.
• January, 1993 - Rural Character Study Committee completes work on Conceptual
Guidelines for Rural Orange.
• December, 1993-At a work session involving the governing boards of Orange County and
Hillsborough,agreement is reached to establish the University Station Planning Group.
• January, 1994- Meetings are held in the northern, central, and southern portions of the
county to present alternative rural character preservation strategies.
• January-April, 1994 - The University Station Planning Group completes its work and
presents its recommendations to the Board of Commissioners.
176
• May, 19% - A proposal to create an Open Space Development Area Land Use Plan
category and zoning district is presented at public hearing. The proposal also includes its
application to the University Station property.
• June, 1994-A proposal to rezone the remaining portion of the county to require two-acre
minimum lot sizes is presented at public hearing. Citizen comment is also requested on the
desirability of clustering, mandatory open space requirements, and density bonuses.
• September, 1994 - October, 1995 - The Planning Board reviews all materials/evidence
received,including the Rural Character Study Committee recommendations(January, 1993),
and prepares recommendation.
The Planning Staff has reviewed the material produced and/or received, including comments
provided by citizens through township meetings and public hearings. While a variety of
approaches and options exist,the three basic approaches which have been recommended to date
include:
• The Rural Character Study Committee recommendations;
• The "Status Quo"; and
• A "Cluster Option" incorporating a mandatory 50% open space requirement and density
limits based on the carrying capacity of the soils.
SUMMARY OF STAFF PROPOSAL: In an effort to focus the discussion and "balance" the
many interests expressed to date, the Planning Staff has prepared this proposal which consists
of three parts. The first section contains "Goals and Action Strategies" (as recommended by the
Rural Character Study Committee). The second section contains a "Flexible Development"
option which contains the following provisions:
• The existing one-acre minimum lot size requirement would be retained.
• The provision of open space would be optional, however, a developer would be required
to submit two concept plans-one for a conventional subdivision and another for a"flexible"
or open space subdivision.
• If a Flexible Development option is chosen, at least one-third(33%) of the land within a
subdivision must be preserved as open space which may be preserved through:
• An"estate lot"approach where all land is subdivided into lots four(4)acres or greater
in size, building limits(50%)are established for each lot, and the open space outside
such limits is preserved through restrictive covenants and/or conservation easements;
or
• A "conservation" approach where all land is subdivided into lots, and open space is
preserved through the use of conservation easements held by the County or a land
conservancy; or
• A "cluster" approach where lot sizes are reduced and the land saved through such
reductions is dedicated to the County or a land conservancy, or owned and maintained
by a homeowners' association; or
• A "village" or modified cluster approach where dwelling units are clustered around a
village green and supporting shops, and the village is surrounded by open space; or
• Some combination of the above, including the use of "density averaging" to allow
flexibility in areas where two-acre minimum lot size requirements exist.
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• Density bonuses,while limited by the type of water supply/sewage disposal service available
to the development, may be achieved by:
• Providing greater amounts of open space than required; or
• Providing affordable housing units either as part of the development or at an off-site
location; or
• Purchasing the development rights on farm or forest lands, natural areas, and similar
resources; or
• Some combination of the above.
• Water supply/sewage disposal service may include:
• Individual wells and septic systems on each lot or located off-lot within a recorded
easement, including subsurface disposal or spray irrigation on open land; or
• A community water and/or sewage disposal system, including subsurface disposal or
spray irrigation on open land,designed,constructed,and maintained in conformity with
all applicable state, federal, and local rules and regulations; or
• Connection to a water and/or sewage disposal system operated by a municipality,
association,or water or sewer authority.As part of such service provision,public water
and sewer extensions would be permitted to defined "transit corridors" and "transition
areas".
The "Flexible Development" option has been prepared in the format of an amendment to the
Subdivision Regulations. The basic strategy is to substitute it for the current "Cluster
Development" standards. Associated with the amendment would be the preparation of a Rural
Design Guidebook to illustrate, through a case study approach, how to use the option in
designing open space or "flexible" developments.
PUBLIC INFORMATION MEETINGS:Public Information Meetings were held on November
16, 20, and 21 at the Orange Grove Community Center, Walnut Grove Methodist Church, and
New Hope Elementary School, respectively. Prior to the meetings, flyers were distributed at
country stores and community locations, and approximately 250 notices were sent to advisory
boards and subcommittees, and interested citizens. Comments received at the meetings will be
reviewed at this public hearing.
RECOMMENDATION: Section VII-D-3 of the Subdivision Regulations requires that proposed amendments to
the text of the Subdivision Regulations be presented at a joint public hearing involving
the Planning Board and Board of Commissioners. It is at that time that the Planning
Department's recommendation is presented.
No decision is made on the proposed amendments by either the Planning Board or
Board of Commissioners at the public hearing. Instead, the Planning Board has 75 days
within which to prepare and submit a recommendation to the Board of Commissioners.
Failure of the Planning Board to submit a recommendation within the required time
shall be considered a favorable recommendation.
Zoning Officer Reeonsinendadon .
Provided that the Planning Board and Board of Commissioners find in the affirmative,
the Zoning Officer recommends approval of the proposed text amendments.
178
Administration Recommendation
Ae Administration recommends that the proposed amendments be referred to the
Planning Board for a recommendation to be returned to the Board of Commissioners
no sooner than January 16, 1996.
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CONTENTS
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Foreword
Section I.. Goals & Action Strategies
Section 11| Fleidble Development Proposal
I V 2
FOREWORD
Since December of 1993, a series of meetings, work group sessions, and/or public hearings has been held for
the purpose of finalizing a set of rural character/open space preservation strategies. These meetings are summarized
below:
• December, 1993 - At a work session involving the governing boards of Orange County and Hillsborough,
agreement is reached to establish the University Station Planning Group.
• January, 1994 - Meetings are held in the northern, central, and southern portions of the county to present
alternative rural character preservation strategies.
• January-April, 1994 - The University Station Planning Group completes its work and presents its
recommendations to the Hoard of Commissioners.
• May, 19% -A proposal to creme an Open Space Development Area Land Use Plan category is presented at
public hearing. The proposal also includes its application to the University Station property.
• May, 1994 -A proposal to create an Open Space Development zoning district category is presented at public
hearing.
• June, 19% -A proposal to rezone the remaining portion of the county to require two-acre minimum lot sizes
is presented at public hearing. Citizen comment is also requested on the desirability of clustering, mandatory
open space requirements, and density bonuses.
0 September, 1994-October, 1995 -The Planning Board reviews all materials/evidence received,including the
Rural Character Study Committee recommendations (January, 1993), and prepares recommendation.
The Planning Staff has reviewed the material produced and/or received, including comments provided by
citizens through township meetings and public hearings.While a variety of approaches and options exist;the three basic
approaches which have been recommended to date include:
• The Rural Character Study Committee ;
• The "Status Quo"; and
• A "Cluster Option" incorporating a mandatory 50% open space requa ment and density limits based on the
carrying capacity of the soils.
In an effort to focus the discussion and"balance" the many interests expressed to date, the Planning Staff has
prepared this proposal which consists of two parts. The first section contains "Goals and Action Strategies" (as
recommended by the Rural Character Study Committee). The second section contains a"Flexible Development" option
which contains the following provi4 ms:
• The existing on -&cre minimum lot size requirement would be retained..
• The provision of open space would be optional,however,a developer would be required to submit two concept
plans-one for a conventional subdivision and another for a "flmble" or open space subdivision.
• If a Flexible Development option is chosen, at least one-third(33%)of the Ind within a subdivision must be
preserved as open space which may be preserved through:
O An "estate lot" approach where all land is subdivided into lots four (4) acres or greater in size,
building limits(50 96)are established for each lot, and the open space outside such limits is preserved
through restrictive covenants and/or conservation easements; or
Foreword 1
184
O A"conservation"approach when all land is subdivided into lots,and open space is preserved through
the use of conservation easements held by the County or a land conservancy; or
O A "cluster" approach where lot sizes are reduced and the land saved through such reductions is
dedicated to the County or a land conservancy, or owned and maintained by a homeowners'
association; or
O A"village"or modified cluster approach where dwelling units are clustered around a village green and
supporting shops, and the village is urrounded by open space; or
O Some combination of the above, including the use of"density averaging"to allow flexibility in areas
where two-acre mummmm lot size requirements exist.
0 Density bonuses, while limited by the type of water supply/sewage disposal service available to the
development, may be achieved by:
O Providing greater amounts of open space then required; or
O Providing affordable housing units either as part of the development or at an off-site location; or
O Purchasing the development rights on farm or forest lands, natural areas, and similar resources, and
transferring them to the developoaent; or
O Some combination of the above.
• Water supply and/or sewage disposal service may include:
O Individual wells and septic systems on each lot or located off-lot wdbm a recorded easement,including
subsurface disposal or spray ikon on open land; or
O A community water and/or sewage disposal system, including subsn:face disposal or spray irrigation
on open land,designed, untied, and maintained in conformity with all applicable state, federal,
and local roles and regolatiaas; or
O Commotion to a water and/or sewage disposal system operated by a municipality,association,or water
or sewer authority. As part of such service provision, public water and sewer extensions would be
permitted to defined "transit corridors" and "transition areas".
The "Flexible Development" option has been prepared in the founaR of an amendment to the Subdrvrsron
Regulations. The basic strategy is to substitute it for the current "Closter Development" standards. Associated with the
would be the preparation of a Rural Design Guidebook to illustrate, through a case study approach, how
to use the option in deaignmg open space or "flexible" developments.
Foreword 2
FLEXIBLE DEVELOPMENT
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Section I: Goals & Action Strategies
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SECTION L• GOALS &ACTION STRATEGIES
CONTENTS
Page
GOALS &ACTION STRATEGIES 1
GOAL 1: PRESERVE & PROTECT AGRICULTURE & MANAGED FORESTRY 1
Action Strategies 1
GOAL 2: PRESERVE & PROTECT NATURAL & CULTURAL RESOURCES 3
Action Strategies 3
GOAL 3: PRESERVE & PROTECT VISUAL RESOURCES 5
Action Strategies 5
GOAL 4: ENHANCE THE QUALITY OF GROWTH 6
Action Strategies 6
DRAFT OUTLINE-RURAL DESIGN GUIDEBOOK 7
COMPREHENSIVE RESOURCES MAP 8
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SECTION I.
GOALS & ACTION STRATEGIES
Rural Character means different things to different people. As such, defining coral character and settling goals for
the protection of that character are no simple task.
To adopt goals, meetings were held involving Rural Character Study Committee members and residents from each
portion of the county to discuss needs and interests. Additional considerations were the natural and cultural
resources, land use activities, and long-term plans for the county and its townships. From this work, goals for
protection of rural character were developed as identified below.
.................... ...
CHA W. ER:P)R�OTEC'FIOAi:GOAT;$:
1. PRESERVE & PROTECT AGRICULTURE/MANAGED FORESTRY
2. PRESERVE & PROTECT NATURAL/CULTURAL RESOURCES
3. PRESERVE & PROTECT VISUAL RESOURCES
4. ENHANCE THE QUALITY OF GROWTH WHILE PROTECTING RURAL
CHARACTER
The following section explains these goals, mchuhng action strategies recommended to accomplish each.
GOAL 1: PRESERVE & PROTECT AGRICULTURE AND MANAGED FORESTRY.
Agriculture is Orange's County's oldest economy and is the source of
much of the area's "rural character". References to dairies, tobacco
farm, and livestock operations can be found in the earliest colonial
records of the county. While active agncukunl operations exist in
Rural Orange today, the amount of land involved in agriculture has
declined dramatically. Between 1950 and 1992, fammlaod acreage
decreased by almost 62%. Even so, in 1992, almost 26% of the
county land was in farm use, with approximately 60% crop or
pastureland use.
Forest land managed for timber production and/or the provision of wildlife habitats is also a crucial component of
the county's rural character. Forest resources, both private and public, provide homes for a wide variety of plant
and animal species.
ACTION STRATEGIES
Strategies recomm ded for the preservation of farms and forest lands include the following:
1. Implement Fkaible Develop aim options that permit =da disl subdivisions, and farming and forestry
operations to co-cug. Encourage develop®eot options that allow fanmmg to occur within open space
set-asides and enable farmers to realize a retina on portions of their land without converting all land for
development purposes. Where developers use open-space options to keep farmland it cultivation, pasture
or to provide a substantial buffer to adjoining farms and, allow them to utilize density bonuses elsewhere
on the tract. Encourage the County staff to provide design assistance and model covenants to
landowners/developers willing to utilize this approach.
Goals & Action Strategies 1
2. Pursue vohmeny Transfer of Development Rights (TDR)legislation for Orange County. TDR can be an
important tool in protecting critical masses of agricultural hand by creating receiving areas where
concentrations of employment and residences occur along future transit corridors. Direct the Agricultural
Districts Advisory Board to cooperate with regional efforts to lay appropriate groundwork for implementing
this tool when legislation is adopted. Further study should be given to a regional program with other
Triangle counties.
3. Encourage property owners interested in managed forestry to preserve forest lands through participation
in the N.C. Forest Stewardship Program. This program is designed to improve tree management and
enhance wildlife habitats, while offering the potential for tax breaks and/or cash payments to landowners
who a=AX gum management practices such as selective timber harvesting and who enhance wildlife
habitats.
4. Promote participation in the Voluntary Agricultural Districts program in the county. Participation will
enhance general public knowledge of farm activities, thus minimizing potential nuisance suits.
5. Encourage the Economic Development Commission to pursue its Strategic Plan objective of promoting
agriculture as an industry, including assistance in product diversification and fatmers markets.
6. Support the proposed Purchase of Development Rights program as a tool to preserve "critical masses" of
contiguous famsland,inchding the prioritization of sites for rights acquisition through the Land Evaluation
and Site Assessment(LESA) system.
7. Support construction of the planned Rural Education Center to serve as an educational facility for county-
based usual agencies, and enhance agribusiness opportunities in the county.
8. Following implementation of Fleaable Development options, prepare as annual report for the Board of
Commoners and Planning Board evaluating the impact of such options on agricultural operations,
including an assessment of additional development strategies as needed.
Goals & Action Strategies 2
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GOAL 2: PRESERVE & PROTECT NATURAL AND CULTURAL RESOURCES.
Orange County is blessed with an abundance of natural resources,
including clear streams and rivers, a wide variety of plant species, and
wildlife habitats of significant animal species,including some which are
.A c:a rare and endangered. Many of these resources have been identified,
while others have yet to be discovered. Protection of these resources is
often perceived as conflicting with the free exercise of private property
rights. However,flexible options for accommodating new development
in creative ways which meet both the financial needs of the landowner
and the community's goals of protecting fiagile and irreplaceable
resources, offer a "win-win" solution for everyone. Balancing
envirummeatal protec ism with landowner goals through voluntary programs and incentives is encouraged as an
effective approach to insure the continued existence of Orange County's natural resources.
ACTION STRATEGIES
Strategies recommended for the preservation of natural and cultural resources inchrde the following:
1. Create Flexible Development options that can protect identified natural resource sites by pig them
within open space. Such options should use the resource as an opportunity for innovative development
rather than as a means of penalising landowners for having sites on their property.
2. To facilitate natural resource protection, a CgUsbame Resources Man has been compiled to identify
and overlay critical environmental, natural, wildlife, cultural, historic, archaeological, biological, and
geological resources. The map should be used to show landowners and developers the location of sites on
their property that should ideally be conserved or "designed around" through flexible development
provisions;and encourage the xQhmLM protection of such sites through the use of conservation easements
which allow these uses to remain m private ownership.
Using available data, maps have been prepared to identify the location of natural and cultural resources
referenced above. These maps have been, combined into a composite map to serve as an interim
Commehensive Resources No until data collection concerning potential archaeological sites,woodlands,
and scenic roads and views is complete.
3. During the development approval process, facilitate the protection of natural and wildlife habitats by
contimoiag cut CounLy policy of initiating dialogue between developers and land conservancy
orgamzaions.While such dialogue provides an opportunity for mutual protection of sash sites, continued
discussion should be at the discretion of the developer and conservancy.
4. Prepare a Rural Orange Design Guidebook to provide written and illustrative guidelines to show property
owners and developers bow to vohtntanly develop sites in an envirammeatally►-sensitive manner. A draft
oudme for a Runt Design Guidebook is provided at the end of this section.
Preparation of the Guidebook sboald involve the County staff,design professionals,citizens,citizens,and
advisory board reprosentatives. The Guidebook should provide examples of bow innovative site designs
may be used to protect arras of spe cud natural or cultural significance. Use of the Guidebook is required
for Flexible Development options and optional for conventional development, with mceotives provided
to encourage the use of environmentally-sensitive techniques and disincentives to discourage land
consumptive conventional development practices.
Goals & Action Strategies 3
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5. Study the feaa'bilily of designating portions of the Eno and Haw Rivers as North Carolina Scenic Rivers
to promote recognition of these critical river resources. The N.C. Scenic Rivers program may provide a
means of recognizing these critical resources without limiting the development potential of riverside
property.
6. Use the approach employed in the New Hope Creek Corridor Study to protect other strategic stream
corridors as well as wildlife habitats and natural area contained therein. Such stream corridor studies
should result m wildlife corridors and = greenways, unless land owners are agreeable to small-scale
greenway proposals, implemented on an "experimental" or non-permanent "trial basis".
7. Following implementation of Flexrble Development options, prepare an annual report for the Board of
Commissioners and Planning Board evaluating the impact of such options on natural areas and wildlife
corridors, inhaling an assessment of the possible need for additional strategies as needed.
8. Support potential connection of Orange County's wildlife corridors with a proposed Triangle-wide system.
Such inter-connectian is important for wildlife movement along mtm4m m corridors across the Triangle
region.
9. Support the proposed Purchase of Development Rights program,inchrding its use to preserve natural areas,
wildlife corridors, and historic sites in association with farms and forest lands. Use the Land Evaluation
and Site Assessment(LESA) system to rank/compare sites for development rights acgerisition
10. Pursue local voluntary Transfer of Development Rights (TDR) legislation and direct the Agricultural
Districts Advisory Board to cooperate with regional efforts to protect natural areas, wildlife babitats and
corridors, and histonic/archaeological sites.
Goals & Action Strategies 4
193
GOAL 3:PRFSERVE &PROTECT VISUAL RESOURCES IN RURAL ORANGE.
The county's visual resources, farm fields and forests, are an
often seen but forgotten component of rural character. When
considered as a resource, what is visible to the human eye
represents a great deal of what makes up "rural character". In
...,r many cases, however, the importance of scenic views and rural
landscapes are not fully appreciated until they no longer exist.
A program that encourages innovative techniques to balance
development with visual resource protection is of critical
importance.
ACTION STRATEGIES
Strategies recommended for the preservation of visual resources include the following;
1. Implemcet Flexible Development options that protect and preserve existing visual resources. Produce a
series of educational brochures to illustrate how open space set-asides enhance the value of property to be
developed as well as those of adjacent properties which benefit from "borrowed" open space.
2. Promote the importance of scenic vistas and landscapes in maintaining rural character through completion
of the Scenic Roads Study. Provide incentives for developers who use the Rural Design Guidebook and
the standards of the Scenic Roads Study to preserve scenic vistas along selected roads, ridge lines, and
areas adjacent to open fields.
3. Evaluate the feasibility of a Viewshed Overlay Zoning District to be used in conjunction with the Scenic
Roads Study to protect special rural landscapes and travel corridors where visual resource protection is of
the utmost importance.The travel corridors vistas represent Orange County's"first impression"for visitors.
4. Support efforts the proposed xQbm= Purchase of Developmmt Rights program, including its use to
protect scenic roads and vistas m association with faims and forest lands. Prioritization should be
accomplished through the Land Evabiaticm and Site AssessmM (LESA) system with which to rank sites
for development rights acqu>irition.
5. Pursue local vohurtaryy Transfer of Development Rights (TDR) legislation and direct the Agricultural
Districts Advisory Hoard to cooperate m regional efforts to protect scenic roads and vistas.
6. Followi■g i®plemeaitstian of Fleuble Developmect options, prepare an. annual report for the Board of
Commisslameis and Planing Board evaluating the impact of such options on the county's visual resources,
including an assessment of additional strategies as needed.
Goals &Action Strategies 5
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GOAL 4: ENHANCE THE QUALITY OF GROWTH WHILE PROTECTING RURAL
CHARACTER
Growth management is often misunderstood and thought of as
a concept that means "no growth". However, all cities and
counties practice growth management in some fashion. If
growth management is balanced with landowners'objectives and
a long-term vision of the future, it can discourage poorly- ;. ' .
planned urban expansion, as well as subdivision sprawl along
rural roadsides.
ACTION STRATEGIES
Strategies recommended for managing growth to protect rural
character include the following:
1. Create Flexible Development options that manage growth by encouraging the creation of open space
developments that enhance efficient service provision and discouraging environmentally destructive and
costly forms of"rural sprawl" such as new lots created in "cookie cutter" fashion along rural roadways.
2. Link rural character preservation efforts to other County goals and programs. Specifically, acknowledge
that protecting rural character may also enhance watershed protection,the creation of agricultural districts,
future transit corridor creation, and more cost-efficient infrastructure and services for Waal and urban
residents.
3. Recognize long-term land stewardship efforts by rural landowners,and communicate their needs and rights
to the county's urban officials.
4. Continue to pursue cooperative planning efforts between urban and rural areas to insure rural involvement
in planning for areas likely to experience future urban expansion. These efforts should be guided by past
efforts such as the Orange County-Chapel Hill Carrboro Joint Planning Area and the New Hope Corridor
Master Open Space Plan. Long-term planning efforts are also recommended in the future with the Town
of Mebane and the City of Durtiam.
5. Promote"grassroots"planning efforts in rural areas,such as the F.fland Area Study,the Pantry Area Study,
and other similar community plans. The importance of citizen involvement in creating a"vision" for their
community should be stressed.
6. In canjaMUM with other cu»my and/or Research Triangle communities, pursue a vision of growth
management which recognizes that the region is bound together geographically, economically, culturally,
and in gnhty of life. The proposed "Shaping Orange County's Future" initiative is an example of such
a study.
7. Following 'imokmentSm of RaMe Develop®M options, prepare an animal report for the Board of
Commissioners and Planning Hoard evahumg the impact of such options on the management of growth
in rural areas and the need for additional development strategies.
Goals &Action Strategles 6
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DRAFT OUTLINE - RURAL DESIGN GUIDEBOOK
FLEXIBLE DEVELOPMENT:
Residential Development Standards &
Design Guidelines for Preserving Rural Character
A. Purpose of the Guidebook
B. Orange County: Defining Rural Character
C. Conventional vs. Open Space Designs: Comparisons &Contrasts
D. Advantages of Open Space Design
• Economic
• Environmental & Ecological
• Social & Recreational
E. Roles and Responsibilities of Various Parties
• Land Owners
• Developers & Realtors
• Site Designers
• Planning Staff& Board
• Governing Board
• State & Federal Agencies
• Conservation Organizations
F. Creating A Comprehensive Open Space Network
• Mapping Resource Conservation Priorities
• Linking Small Area Plans
G. Designing Open Space Development:
• Mapping Significant Site Features
• Combining Information Layers
• Prioritizing Objectives
• Applying Design Guiddh m
H. Case S/adies in Open Spree Design
I. Management Techaigaes
• Conservatioa Easements
• Homeowners Associations
APPENDIX: Ordinance Provisions
Goals &Action Strategies 7
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COMPREHENSIVE RESOURCES MAP
Site features shown on the Comprehensive Resources Map have been grouped together based on the following open space
classification system:
PRIMARY CONSERVATION AREAS
• Wetlands
Description: Includes the Landsat(satellite) land cover class "bottomland hardwood forest" consisting of
hardwood stands found in floodplams and characterized by lowland deciduous species such
as maple, swedgum, birch, elm, and ash. Also mchrdes the streams, creeks, rivers,
reservoirs, and ponds which such vegetative species border.
Source: National Wetlands Inventory Maps for Orange County, N.C., and Landsat land cover data from the
Albemarle-Pamlico Fstuarine Study.
• Floodplains (100-year) and alluvial soils
Description: Includes the following soil associations categorized as "alluvial"; e.g., deposited by stream
flow, particulady during flood conditions.
Altavista(Aa) Chewacla(Ch) Congaree(Co)
Also includes 100-year floodplains designated by the U.S. Army Corps of
Engineers for the Federal Emergency Management Agency.
Source: Flood Insurance Study: Orange County. N.C'., and Orange County. N.C. Soil
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• Steep slopes
Description: Includes the following soil associations characterized by slopes greater than
15%; e.g., the terrain drops 15 feet or more over a distance of 100 feet:
Goldston(G1D) Louisburg(I.oF) Tatum(TaE)
Wedowee(WnE) Wines(WxF)
Source. Owe Coui ft N C. Soil SLrvev.
• Natural areas, and wildlife habitats and corridors
Description: Includes 64 mtural arcs and/or wildlife habitats of state,regional,and/or county importance.
Also mclades a suggested wildlife corridor system extending along the Haw, Eno,and Little
Rivers,and Cane,Morgan,New Hope,and Stoney Creeks.The corridor extends 100 meters
(approximately 330 feet)along each side of and mcludes upland connections Imlang the rivers
and creeks.
Source: Inventory afNatural Areas and Wildlife Habitats of Orange County. N C.
• National Register sites and local historic landmarks
Description: Includes historic and archaeological sites listed on the National Register of Historic Places or
moluded on the State's National Register study list. Also includes sites designated as a local
historic lmulins c or a local historic district, and/or sites with a high potential for
archaeological remains(Zone 1) as described in "Potential Archaeological Sites" below.
Goals &Action Strategies 8
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Source: �h�el Hill Tow hip Arrhitvrtura/ 4.rveY Finn! Rend and Orange CouW Multiple Property
Documentation Form: Historic Rvsnu rrvc of Orange Counv
SECONDARY CONSERVATION AREAS
• Farmland
Description: Includes the following soil associations characterized as "prime fam3land"; e.g., those best
suited for producing food, feed, fiber, forage, and oilseed crops:
Altavista(Aa) Appling(APB and ApQ Cecil (CtB)
Enon(EnB) Georgeville (GeB) Helena(HeB)
Herndon(HrB) Hiwassee(HwB) Lagmmi(Lg)
Vance (VaB) Helena Sedgeville (Hha)
Includes only those soil associations categorized as"agriculture and grass"in accordance with
Landsat laud cover classifications. The class includes cropland,pasture, grass covered soils,
and land cleared for agricultural practices.
Source: LUonant Farmlands:Orange Coun N C. and Landsat land cover data from the Albemarle-Pamlico
Estuarine Study.
• Woodlands
Description: Includes the following Landsat land cover classes:
O Pine Forest - Medi= and high density conifer stands of predominantly loblolly
Pine-
0 Hardwood Forest - Stands dominated by oak, hickory, elm, and maple found
ply in ups was,on gay sloping interstream divides or in drier low
lying areas.
O Mlxed Pine/Hardwood Forest -Stands of mixed conifer and deciduous hardwood
with neither category comprising greater than 75% of the crown density.
Source: Landsat land cover data from the Albemarle-Pamlico Estuarine Study
• Other historic inventory sites
Descriptions: Includes all other historic and archaeological sites; e.g., those 11QLLV&d on the National
Register of Historic Places, included on the State's National Register study list, designated
as a local historic landmark, and/or located in a designated local historic district.
Source: Ch®el Hill Township Architectural Survey• Final R®ort• and Orange Counle Prgpey
Documentation Form: Historic Resources of Orangg Coun&
• Potential archaeological sites
Description: Includes the following zones m which archaeological remains might be found:
O Zone I - Includes inhabitable portions of river floodplams of 100 meters or
approximately 330 feet in width, including the central and eastern portions of the
Eno River, both forts of the Little River, and New Hope, Bolin, and Morgan
Creels. Also includes tmaces and ridges immediately above floodplams and is the
area m which the highest density of archaeological remains is likely to occur.
Goals &Action Strategies 9
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198
O Zone Q- Includes the area within one kilometer(approximately 3,280 feet)of the
main drainage channels in the county, excluding bottomlands and their immediately
bordering terraces and ridges. Ridges and hilltops, and forested tracts are the most
likely locations of occurrence.
O Zone lII- Includes the remainder of the county where archaeological remains are
expected to be less dense than Zones I and U. Ridges and hilltops, and stream
confluences are the most likely locations of occurrence.
Source: An Archaealoirical Survey of Portions of Orange County N.C
• Proposed park sites
Description: Includes the proposed system of public recreation sites consisting of four"community parks„
(25 acres each) and four"district parks" (75 acres each).
Source: Master Recreation and Parla Plan mange County. N C.
• Scenic roads and views
Description: Includes Waal road corridors classified as having significant scenic qualities as based on pilot
surveys conducted by the Transportation Advisory Subcommittee of the Planning Board.
Source: Preliminary Rural Roads Surveys, Orange County, N.C.,
Goals &Action Strategies 10
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Section II: Flexible Development Proposal
212
213
SECTION 11: FLEXIBLE DEVELOPMENT
CONTENTS
Page
SECTION IV-11-10 FLEXIBLE DEVELOPMENT 1
Section A PURPOSES 1
Section B APPLICABILITY 2
Section C OPEN SPACE STANDARDS 2
1. Minimrmt Required Open Space 2
2. Types of Open Space 3
3. Ownership of Open Space 6
4. Maintenance of Open Space 6
Section D DEVELOPMENT STANDARDS 7
1. Estate Lot Option 7
2. Conservation Option 11
3. Cluster Option 16
4. Village Option 19
5. Street Standards 29
6. Water Supply & Sewage Disposal Facilities 30
Section E DESIGN GUIDELINES 31
1. Determining Density or Lot Yield 31
2. Design Process 31
Section F EVALUATION CRITERIA -35
1. General Criteria 35
2. Forest Land/Natural Areas Conservation 35
3. Farmland Conservation 36
4. Conservation of Scenic Views 36
5. Historic&Archaeological Features 37
6. Recreation Provision 37
Section G DENSITY BONUSES" 38
1. To Encourage Additional Open Space 38
2. To Encourage Affordable Housing 38
3. To Encourage Maintenance Endowments 38
4. Location of Bonus Units 39
SECTION III. APPLICATION &APPROVAL PROCEDURES 41
Section III-D-I CONCEPT PLAN APPROVAL 41
SECTION V. SPECIFICATIONS FOR PLAT DRAWINGS 44
Section V-B CONCEPT PLAN 44
RELATED ORDINANCE AMENDMENTS 48
214
215
SECTION II:
FLEXIBLE DEVELOPMENT
This Flexible Development proposal is modeled, in part, on standards used by other localities as well as open space
design reference materials. It also reflects the many suggestions of Orange County citizens, interest groups, and advisory
boards. A partial list of these sources includes the following:
• Concgptual Guidelines for Rural Orangg, Rural Character Study Committee
• Flexible Development Bylaws, Grafton, Massachusetts
• Land Preservation District Zoning Provisions, Montgomery County, Pennsylvania
• DesigningQReenn Fpace 2ugLoments, Sussex County, Delaware
• Rural by Desia Randall Arendt
• PEARL Design Manual, Livingston County, Michigan
• Dealing with Change in the Connecticut River Valley. Center for Rural Massachusetts
• Open Space Development Alternatives, University Station Planning Group
• Designing Oyes .Space Subdivisions:A Practical Step Approach. Randall Arendt
• Towns and Town-Mating PrinlMles, Andres Duany and Elizabeth Plater-Zyberk
• Seaside:Making A Town in America. David Mohney and Keller Easterling
• Choicer and Changes: Loudoun County General Plan 1990-2010_ Loudoun County, Virginia
Tire proposal has been formatted so that it may be substituted for the current Cluster Development provisions contained
in Section IV-8-10 of the Subdivision Regulations. After each major section or subsection, comments are provided to
identify the source and/or explain the rationale for inclusion of specific standards or guidelines.
IV-B-10. FLEXIBLE DEVELOPMENT
Section A PURPOSES
The purposes of Flexible Development are to preserve agricultural and forestry lands,natural and cultural features, and
rural community character that might be lost through conventional development approaches. To accomplish this goal,
greater flexibility and creativity in the design of such developments is encouraged and allowed Specific objectives are
as follows:
• To preserve areas of the county with productive soils for continued agncu ltnral and forestry use by preserving
blocks of land large enough to allow for efficient operations.
• To encourage the preservatim and improvement of habitat for various forms of wildlife and to create new
woodlands through natural succession and reforestation where appropriate.
• To minimise site disturbance;and erosion through retention of existing vegetation and avoiding development
on steep slopes.
• To preserve open hand,mcloding those areas containing unique and sensitive features such as natural areas and
wildlife habitats, steep slopes, strew ns, wal nds, and floodplams.
• To preserve scenic views and elements of the county's rural character, and to mmimi perceived density by
minimizing views of new development from existing roads.
• To preserve and maiatam historic and archaeological sites and structures that serve as significant visible
reminders of the county's social and architectural history.
Flexible Development 1
216
• To provide for the active and passive recreational needs of county residents, including implementation of the
Master Recreation & P rk5 p an.
• To provide greater efficiency in the siting of services and infrastructure by reducing road length, utility runs,
and the amount of paving for development.
• To create compact neighborhoods accessible to open space amenities and with a strong identity.
Comment: The purpose of this section is to convey to landowner and developer alike what aspects of the county's
rural character are to be addressed through Flexible Development design. The broad statement of
purpose and specific objectives are based on the goals and action strategies outlined in the preceding
section.
Section B APPLICABILITY
Flexible Development is permitted in all residential zoning districts except the Rural Buffer(RB) zoning district, but
only upon approval of a Minor Subdivision Final Plat by the Planning Department or a Major Subdivision Preliminary
Plat by the Board of County Commissioners. All Flexible Development subdivision plats Shall comply with the
regrriremeots and standatds specified herein and in all respects with other applicable codes and ordinances to the extent
that they are not in conflict with these provisions.
Comment: A major aspect of this Flexible Development proposal is that existing zoning district designations
would remain unchanged. In other words, minimum lot sue requirements would not be increased. The
only instance where minimum lot sizes may be recommended for change is in Protected Watersheds
where a technical study has been completed and such increases are recommended for water quality
protection purposes. Only one such study is underway, Cane Creek Watershed, and no others are
contemplated at this time.
This approach is modeled on the Grafton, Massachusetts Flexible Development Bylaws which applies
a single set of development standards in most zoning districts. the same approach is currently used
in the application of Orange County's Chester Development standards. The wording is such that
Flexible Development standards will not be used in the Rural Buffer zoning district until an amendment
to the Joint Planning Area Land Use Plan and Agreement has been approved through which to
implement the approach.
Section C OPEN SPACE STANDARDS
C.1 Nflnim Requhed Open Space
Where a developer elects to seek approval of a Flexible Development as specified herein, at least thirty-three percent
(33%)of the total land area in the Fkxihie Development mast be set aside as protected open.space. Such open space
shall meet these standards Mesa the developer chooses to seek approval of a conventional subdivison as spmfied
herein.
Comntene During the debate/discussion of the amount of open space to be preserved, the possibilities ranged
from a a hzen-recommended low of 10 parent to a high of 75 parent in the Montgomery County,
Pennsylvania Land Preservation District. Whik the Rural Character Study Committee recommended
a sliding scale of density bonuses and open space requirements, many reference materials and
ordinances recommended or required that at least a certain percentage of the project area be set aside
in open space.
Flexible Development 2
f .
/ 1
The requirement of setting aside one-third of the project area as open space represents a mid-range
approach. It is slightly higher than one standard considered by the University Station Planning Group
(30`X,) and is less than the 40 to 50 percent range cited in many reference materials.
The requirement is considered feasible, based on a review of six Orange County subdivisions which
provided or are to provide open space. Open space in these subdivisions ranged from 24 to 47 percent
of the total project area, with a median of 34 percent. The "one-third"standard is also considered
feasible, given the alternatives available for satisfying the open space requirement.
The wording at the beginning of this section has been included to clarify that unless a developer
chooses to seek approval of a Flexible Development, he/she need not comply with the open space
requirements.
C.2 Types of Open Space
The types of open space conserved through Flexible Development shall be cone with the following standards:
a. Open space shall be comprised of two types of land: "Primary Conservation Areas" and "Secondary
Conservation Areas".
b. Primary Conservation Areas consist of the following site features:
• Wetlands, including, but not limited to, streams, creeks, ponds, reservoirs, stormwater management
facilities for watershed protection purposes, and adjoining land areas identified as part of:
O The National Wetlands Inventory Maps for Orange County, N.C. prepared by the U.S. Fish
and Wildlife Service;
• The Orangery.N.C. Soil Survey prepared by the U.S.D.A. Soil Conservation Service;
• The Inventoryy of Natural Areas and Wildlife Habitats as prepared by the Triangle Land
Conservancy;
• LANDSAT satellite data collected and analyzed under the Albemarle-Pamlico Estuarine Study;
• A required Environmental,Assessment or Environmental Impact Statement; and/or
• A site analysis conducted by a registered engineer, Iand surveyor, landscape architect,
architect or land player using data from the U.S. Army Corps of Engineers.
• Floodplains(100-year)and alluvial soils identified as part of:
O The Flood Insurance Stndv: Orange County. N.C. prepared by the Federal Emergency
Management Agency(FEMA); and
• The Ozaoaely.N.C. Soil Smvev prepared by the U.S.D.A. Soil Conservation Service.
• Steep slopes, defined as those greater than 25 percent, identified as part of
• The QMM County.N.C. Soil Survey prepared by the U.S.D.A. Soil Conservation Service;
and/or
• A site analysis conducted by a registered engineer, land surveyor, landscape archntect,
architect or land planner and calculated using topogmpluc maps from an actual survey or from
the U.S. Gelogical Survey.
• Natural areas, and wildlife habitats and corridors identified as part of.
• The Inventory of NaftLud Areas and Wildlife Habitats as prepared by the Triangle Land
Conservancy;
• A required Environmental Assessment or Environmental Impact Statement; and/or
• An independent site study conducted by a trained botanist and/or biologist.
Flexible Development 3
218
• Historic and archaeological sites listed on the National Register of Historic Places or mcluded on the
State's National Register study list, designated as a local historic landmark, designated as a local
historic district, and/or identified as having a high potential for archaeological remains as part of.
O The Chanel Hill Township Architectural Survey: Final Reoort;
O The Orangery Multiple Property DocemmentaWa Form: Historic Resources of Orange
CQ=;
• An Archaeological Survey of Portions of Orangery. N.C.;
• A required Environmental Assessment or Environmental Impact Statement; and/or
• An independent site study conducted by a trained architectural historian or archaeologist.
When a historic or archaeological site is to be set aside as a separate lot,and preserved and/or restored
as part of a Flexible Development, the entire area within the lot may be credited toward meeting the
minimum open space requirement.
Because they represent sensitive environmental features and/or significant cultural resources considered
umbu dable in a legal or practical sense, Primary Conservation Areas are to be the first type of open space
designated on a Flexible Development Concept Plan to satisfy the minimum open space requirement.
c. Secondary Conservation Apes consist of the following site features:
• Woodlands, mchKbng forest land for the planting and production of trees and timber, where
management practices such as selective timber harvesting and wildlife enhancement are employed.Such
woodlands may consist of hardwood,pine, and/or mixed pine-hardwood forests identified as part of.
• LANDSAT satellite data collected and analyzed under the Albemarle-Pamlico Estuarine Study;
• A site analysis conducted by a registered engineer, land surveyor, landscape architect,
architect or land plaomer using aerial photographs and/or satell ite imagery;
• A required Environnenal Assam or Environmental Impact Statement; and/or
• An independent site study conducted by a trained botanist and/or forester.
• Farmland,especially prime agricultural lead as identified by the U.S.D.A. Soil Conservation Service
in Important Farmlands:OraumeQuy_ N.C, and which is in alive use for the production of crops
and/or raising of livestock. Fa>mimd also includes space on individual lots used for gardens, ponds,
horse paddocks and barns, and similar uses.
• Slopes of 15% to 25% which require special site planning due to their erosion potential, limitations
for septic tank nitrification fields, and tentin or elevation changes. Such arras may be suitable for
budding but higher site prgwati m and constru ct an costs are to be expected.
• Other historic and/or archaeological sites identified from the same sources as for Primary
Conservation Area sites.
• Public and/or private recreation areas and facilities, including:
• "Active recration areas" such as public recreation arcs, inchrding district and community
pub as identified in the • and private recreation facilities,
_MchKting golf cow, pmymg fib,pmyllrnmads, swunumig pools, and courts for tennis,
baskedmit, volleyball,and similar sports. Hearse they represent uses is which natural lands
are cleared, graded, and managed for inteasve activities,only half(SO%)of the land in this
category may be credited towed meeting the minimum open space requirement.
• "Passive recreation areas" such as pedestrian, bicycle, and equestrian trails, picnic areas,
community commons or greens, and similar kinds of areas,whether public or private. Land
in this category receives fail credit toward meeting the open space wgmrement.
Flexible Development 4
2119
• Scenic views, especially of natural and cultural features from designated scenic road corridors,
including"views from the road"as well as views outward fmm potential home sites. Landscape buffers
which screen the view of development and preserve the character of rural public roads are also
included in this category.
Secondary Conservation Areas may be comprised of any of the remaining open space uses identified above,and,
unless specified otherwise, receive full credit toward meeting the minimum open space requirement in Flexible
Developments.
Comment: The distinction between "Primary"and'Secondary"Conservation Areas cited above is based generally
on the system advocated by Randall Arendt in the Sussex County, Delaware open space design
guidebook. A similar methodology was used by the University Station Planning Group in attempting
to define open space areas. The list of features which form the basis of defining Conservation Areas
is also based on the recommendations of the Rural Character Study Committee as well as the model
provisions of the Montgomery County, Pennsylvania Land Preservation District.
Arendt's approach is to set aside Primary Conservation Areas first, since such features are considered
unbuildable for legal or practical reasons. In addition to wetlands and jloodplains, he suggests that
the following features be included as part of designated Primary Conservation Areas:
• Slopes of greater than 25`6;
• State-listed habitats of threatened or endangered species; and/or
• National Register sites (improved or renovated with federal funding)and locally designated
historic districts.
Slopes of 15% to 25%, natural areas, wildlife habitats and corridors, and historic and archaeological
sites would thus be classified as Secondary Conservation Areas.
One difference between the Arendt approach and the Flexible Development proposal is that all habitats
and corridors as identified in the Inventory of Natural Areas and Wildlife Habitats have been
categorized as Primary Conservation Areas. Of 64 sites identified in the Inv�torv. only eight contain
threatened or endangered species. The inclusion of all sites as Primary Conservation Areas recognizes
the limited number of such features as well as their diversity and significance.
Another difJ`erenee involves historic and archaeological sites. Recent inventories have identified 649
historic sites, including sir National Register sites and 41 National Register study list sites. Of the
study list sites, three are potential historic districts, and one is an archaeological site. No local
historic district or landmark designations have been made. The inclusion of such sites as Primary
Conservation Ar+erst recognizes thuar existing or potential significance.
The inclusion of scenic new of preserved features, e.g., farmland and water bodies, as well as
landscape buffers to screen the view of development from public roads is based on Arendt's approach
to defining Secondary Conservation Areas.
The provisions regarding active recreation sites have been included, in part, since the approach is
consistent with the recommendations of the Rural Character Study Committee.It is also consistent with
the general recommendations of Randall Arendt; e.g., not more than 50 percent of active recreation
areas should be counted. Then are four"community pawls"(25 acres/48`,6 active recreation)and jour
"district parks"(75 acres/16% active recreation)proposed in the Master Recreation and Parrs Plan.
These parts will occupy 400 acres or 1/10th of one percent of the total county laird area. In
comparison, the network of natural areas and wildlife corridors shown in Section 1 would encompass
21,147 acres or 8.3 percent of the county land area.
Flexible Development 5
220
C.3 Ownuskip of Open Space
Open space within a Flexible Development may be owned and/or administered by any of the following methods,either
individually or in combination. All open space shall be permanently restricted from further subdivision.
• Fee simple dedication to Orange County, another unit of _
local government, the State of North Carolina or a
private non-profit land conservancy.
owned
• Dedication of conservation easements to Orange County, by
another unit of local government, the State of North Awadfidm
Carolina or a private nonprofit land conservancy. Such
easements may apply to a single property owned by a
homeowners association and/or to all or portions of 'Nr r
individual lots owned by one or more property owners. T_
• Ownership by a homeowners association where specific
development restrictions and maintenance requirements •(:
are included as part of its bylaws and restrictive `�'
covenants.
• Ownership by individual property owners, especially
estate lot owners,where specific development restrictions ..�
and maintenance requirements are included as part of Dedicated do a
restrictive covenants and/or permanent conservation toad gain
easements applicable to such lots. at to a
weeer.atioa
Comment. These provisions are based principally upon the
recommendations of the Rural Character Study
Committee. The individual owner option has Open space areas and/or easements may be
been added to allow undisturbed open space on dedicated to a governmental unit or owned by a
estate and conservation lots to be credited homeowners association(Montgomery County Land
toward meeting the open space requirement. Preservation District).
CA Maintenance of Open Space
Natural features shall be maintained m their natural condition, but may be modified to improve their appearance,
functioning, or overall condition, as recommended by experts in the particular area being modified. Permitted
modifications may include:
• Reforeatndm
• Woodland management;
• Pastore or ccmpland management;
• Buffer a a leg;
• Stream bank protection; and/or
• Wetlands management.
Unless accepted for dedication or otherwise agreed to by Orange County, another unit of local government, the State
of North Carolina or a private nun-profit land conservancy, the cost and mobility of mfg open space and
any facilities located thereon shall be bome by the property owner and/or homeowners association.
Comment: This provision is based on similar wording contained in the Montgomery County, Pennsylvania Land
Preservation District model zoning ordinance and sets basic standards for open space maintenance.
Flexible Development 6
221
Section D DEVELOPMENT STANDARDS
Flexible Development subdivision plats shall be prepared in accordance with one or more of the following development
options.
D.1 Estate Lot Option
For lots created as part of an estate lot development, the following standards apply:
• Each estate lot shall have a lot size of at least four (4)
acres.
• For each estate lot, a building envelope(buildable area) a-SM �.
shall be defined of sufficient size to accommodate a ' '
single-family detached dwelling and customary accessory -
uses,including,bat not limited to, storage buildings and
garages, swimming pools, lawns, and driveways. z-.Q.
buBdabb
1
• The building envelope of an estate lot may not exceed a '
fifty percent(50%)of the total lot area.
Total
• Only the area outside of the building envelope of an tf
estate lot may be counted toward meeting the minimum °p° <
open space requiremen '
t. T
• The budding envelope on an estate lot shall not include
designated Primary and/or Secondary Conservation
Areas. A septic system and/or well site may be located
outside of a building envelope provided it does not
occupy more than half of the conservation area nor any
part of a Primary Conservation Area. Setting aside at least one-half of the area of estate
lots is one means of satisfying the 33% open space
• Each building envelope on an estate lot shall adhere to requirement (Montgomery County Land
the following spacing standards: Preservation District).
.................. ......... .
. ..... ............ .................. ....... ................. .....I..... ...... ..
.... ..
Minimum spacing between building envelopes on adjacent lots 80 feet
Minims spacing between building envelope and subdivision boundary or off-site public 75 feet
street right-f--wry
Minims spacing between building envelope and on-site public or private street tight-of- 40 feet
way
Minimum spacing between building envelope and any other lot line 20 feet
Minima spacing between building envelope and wetlands or water bodies(lakes, ponds, 100 feet
streams, etc.)
• Provided the arrangement, design, and shape of estate lots is such that lots provide satisfactory and desirable
sites for building; contribute to the preservation of designated Primary and/or Secondary Conservation Areas;
provide convement access for emergency service vehicles; and satisfy all building envelope spacing standards,
estate lots may platted in accordance with following standards:
Flexible Development 7
222
• The min required lot width may be reduced to 100 feet.
• The minimum required lot frontage may be reduced to not less than 20 feet for flag lots, and lots
fronting on cul-de-sacs and "T" mmarounds.
• Estate lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation
easements. Primary and Secondary Development Areas located outside bmldmg envelopes shall be restricted
against further development through conservation easements and/or deed restrictions.
Comment. The "estate lot" option is modeled in part on the Land Preservation District Zoning Provisions of
Montgomery County, Pennsylvania.It is also based on the "conventional large lot development"option
recommended as part of the Conceptual Guidelines for Rural Orange. The estate lot option has been
added to allow undisturbed open space on estate lots to be credited toward meeting the open space
requirement.
The following table compares basic "estate lot"provisions with those of the "conventional large lot
development"option. One difference is the lack of a specific open space set aside requirement for the
"large lot"option, relying instead on the defacto provision of open space by the lot owner.
Another difference is the reliance on conventional building setback requirements in the "large lot"
option. Estate lots must provide a "building envelope"which generally results in larger setbacks than
achieved through conventional setback provisions. Provision is also made for relaxation of lot width
and frontage requirements provided broad design standards are met.
.... ..... .
qtr d. 8ttr _Clftartiu i' wW r ffik%A�ew: tip Wns
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Conventional Large Lot
Developmest Standards Devdopwent Option Estate Lot Option
Lot Site Required 4.59-acre average At least 4.0 acres
None At least 50% of lot area must
Open Space Required be set aside as open space
Up to 21 lots per 100 Up to 25 lots per 100 acres
Potential Lot veld acres (Density = 0.25 units per
(Density = 0.21 units per acre)
acre)
Front yard 40 feet See standards above and on
Dimmional Standards Side yard 20 feet preceding page
Rear yard 20 feet
Lot width 150 feet
Flexible Development 8
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225
D.2 Conservation option
For lots created as part of a conservation development, the minimum lot area, lot width, and setback requirements as
specified in Article 4.1.2 of the Orange County Zoning Ordinance shall
apply except as permitted below.
• For each conservation lot, buildable and conservation s_
areas must be defined. The buildable area must be of -- —
sufficient size to accommodate a single-family detached
dwelling and customary accessory uses, including, but
not limited to, storage buildings and garages,patios and c,,,R„d
decks, lawns, and driveways. �...o.r
0 The conservation area of each lot; e.g., that portion of 0
the lot to be preserved as open space, shall include
designated Primary and/or Secondary Conservation
Areas. A septic system may be located in a conservation W
area provided it does not occupy more than half of the PMM
conservation area nor any part of a Primary Conservation R�
Area.
• The use of the conservation development option is best
suited for sites which front on arterial and collector "t+d
roads, and/or are characterized by limited sewage
disposal sites, especially areas with floodplams and
alluvial soils, wetlands, and steep slopes (e.g., 15% or
greater). As such, the conservation area of each lot Under the conservation option, at least 33% of the
should be comprised of Primary and Secondary subdivision area is preserved as open space through
Conservations Areas which seek to preserve these a conservation easement applied to individual lots.
features.
a Only the conservation area designated for each lot may be counted toward meeting the minimum open space
reqtzirement. Lots and tracts designated exclasively as conservation area may also be counted toward meeting
the open space regiiinemem
• Provided the anangemeut, design, and shape of conservation lots is such that lots provide satisfactory and
desirable sites for building;contribute to the preservation of designated Primary and/or Secondary Conservation
Areas; and satisfy all buiiding/conservation area standards, conservation lots may platted in accordance with
following standards:
O The minimum vx mred lot width may be reduced to 100 feet.
O The mnmmm required lot frontage may be reduced to not less than 20 feet for flag lots, and lots
fromting on cul-de-sacs and "T" tnmamunds.
O Public and private street rights-of-way may be included in the calculation of the lot size,provided the
lot size is of sufficient size to accommodate an adequate building site.Only one-half of the sum right-
of-way fronting on each lot may be counted for this purpose.
• Conservation lots shall be restricted against further subdivision through deed restrictions and/or conservation
easements. Primary and Secondary Development Arens located in portions of lots designated for conservation
shall be restricted against farther development through conservation easements and/or deed restrictions.
Flexible Development 11
226
Comment Among the development options presented in the proposed Coneeatual Guidelines for Rural Orange
was a "conventional two-acre development"option. That option suggested that the "base line"zoning
density in rural portions of the county be changed from 40,000 sq.ft. (0.92 acres)lots to 80,000 sq.ft.
(1.84 acres) lots.
The proposed change in zoning density was based in part on the average lot size (1.9 acres) created
through the major subdivision approval process(1987-1993). The change was also proposed to create
an incentive for setting aside open space; e.g., density increases in return for open space.
Subsequent studies of aU subdivision activity during the 1987-1993 period indicated that the average
lot size was three times larger,• e.g., 6.0 acres. From such studies, arguments have been made that
larger lot sues and "de facto"open space are more a product of consumer preference and/or soils
limitations than increased lot sue requirements associated with issues such as watershed protection.
The "conservation"option recommended as part of this Flexible Development proposal is similar to
the "conventional two-acre development"option in that it results in larger lot sizes than the minimum
required 40,000 sq.ft. lot. However, it differs significantly from the "two-acre"approach by relying
on natural constraints to preserve open space instead of mandating a specific lot size standard.
As an example, Primary Conservation Areas have been defined to include the following site features:
• Wetlands;
• Floodplains and alluvial soils;"
• Slopes greater than 25%; and
• Natural areas, and wildlife corridors and habitats.
As shown on thefollowing "Building Constraints Map", wetlands,floodplains' and alluvial soils, and
steep slopes are limiting factors for development. When combined with soils that do not pert well, the
conservation approach produces lots which not only recognize the natural limitations of the land but
contribute to the preservation of Primary and Secondary Conservation Areas. As an example, many
natural areas and wildlife habitats, as well as much of the wildlife corridor system, are located in
areas characterized by wetlands,jloodplains, and/or steep slopes.
The following table provides a comparison of Rural Character and Flexible Development strategies.
As noted in the table, it may be possible, on land that peres extremely well and has no Primary
Conservation Areas, to achieve a density of 108 lots per 100 acres.
Under the current regulations and ideal conditions, the maximum density is 100 lots per 100 acres.
The di,8`erenee between the two is accounted for by the incentive of counting street right-of-way as part
of the 40,000 sq f! lot size.A more typical situation, however, is one in which poor soils, separately
or in eornbumWorn with other building constraints and natural features, would limit the density to
approximately 72 lots or less per 100 acres. This figure is derived by subtracting 33 acres occupied
such eonsdnints or features from 100 acres, leaving 67 acres of buildable area. Based on the minimum
lot size requirement of 0.92 acres (40,000 sq.ft.), the number of lots which could be obtained would
be 72. This number might be even lows; based on the average lot sue(1.9 acres)created through the
major subdivision approval process between 1987 and 1993.
Flexible Development 12
22
C' ip±►r�i?oue:of Rxr�t:C`hia+arcter'q F{exid►k: D�► i6{pe�pr::( tforii3:
Devdopment Convexdenol Two-Acre Lot Conservatlon Lot
Standards Development Option Opdon I
Maximum - 36,800 sq.ft.
(0.84 acres)
Lot Size Required 80,000 sq.ft. (1.84 acre) average Current- 40,000 sq.ft.
(0.92 acres)
Typical- 60,000 sq.ft.
t.
(1.38 acres)
Open Space Required At least 33% of
None subdivision must be set
aside as open space
Maximum- 108 lots per
100 acres (Density — 1.08
units per acre)
Potential Lot Yield Up to 51 lots per 100 acres Current- 100 lots per 100
(Density = 0.51 units per acre) acres (Density = 1.00 unit
per acre)
ical- 72 lots per 100
acres (Density = 0.72
units per acre)
Front yard 40 feet
Dimensional Side yard 20 feet See standards on
Standards Rear yard 20 feet preceding page
Lot width 150 feet
lA minimrm lot size of two axes (87,120 sq.ft.) is required is designated Critical Azeas and some
Protected watersheds. If density calculations are based on the total land arcs, the potential lot yield in each areas
is 50 lots per 100 acres. If lot area calculations include half the greet right-of-way,the permitted lot size
is 81,900 sq.ft. (1.88 acres).
Flexible Development 13
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D.3 Cluster Option
A cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within
the subdivided trod. Smaller lots than those required in conventional subdivisions are permitted,provided such lots and
subdivisions are developed in accordance with the following standards:
• Land saved through lot size reductions shall consist of ----
designated Primary and/or Secondary Conservation
Areas. Common
area
• The total amount of land set aside as Primary and
Secondary Conservation Areas shall equal the sum of all
redactions in minimum lot area and shall comprise at
least thirty-three percent(33%) of the total land area in
the subdivision Total i
33
• Both Primary and Secondary Conservation Areas shall be Pwcw
placed in undivided preserves which adjoin housing areas space
that have been designed more compactly to create larger
conservation units than may be enjoyed by all residents
of the subdivision. Such undivided open space shall be I�
accessible to the largest number of lots within the I '
development. To achieve this, the majority of houselots lots
should abut undivided open space to provide residents
with direct views and access. Safe and convenient _ ..
pedestrian access to the open space from all adjoining -�
houselots shall be provided, except in the case of Under the cluster option, at least 33% of the
farmland or other resource area vulnerable to human subdivision area is preserved as open space and
disturbance. may be owned in common by all of the lot owners.
• Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less
than three (3) acres in area, nor have a lengdRo-width ratio in excess of 4:1, except such areas that are
specifically designed for nmghbo&ood commons or greens; playfields; buffers adjacent to wetlands,
watercourses, and rural roads; wildlife corridors; or trail links.
• Each lot must contain a buildable area of sufficient size to accommodate a=glle-family detached dwelling and
customary accessory uses,including,but not limited to,storage buildings and garages,patios and decks,lawns,
and driveways. A septic system and/or well site may be located in an open space area provided it does not
occupy mote than half of the conservation area nor any part of a Primary Conservation Area.
n Provided the aaangement,design, and shape of cluster lots is such that lots provide satisfactory and desirable
sites for building, and camtr&to to the preservation of designated Primary and/or Secondary Conservation
Areas, nunmmum lot area, lot width, and setback requirements as specified in Article 4.1.2 of the Orange
County Zoning Otdmance may be reduced as set forth below.
O Minimmm lot area regaitements may be reduced by sixty-five percent(65%)but shall be no smaller
than 5000 square feet. Public and private street fights-of-wry may be included in the calculation of
the lot size,provided the lot size is of sufficient size to accommodate an adequate building site. Only
one-half of the street right-of-way ftunting on each lot may be counted for this purpose.
O Minimm lot width requirements may be reduced by twenty percent(20%)but shall be no less tban
filly (50) feet.
Flexible Develop mern 16
t
231
• Mi um mm fivnt,rear,and side setback requirements may be reduced by twenty-five peter(25%)but
shall be no less than ten 00) feet.
• Minimum lot frontage requirements may be reduced to twenty (20)feet.
x Chaster lots shall be restricted against further subdivision through deed restrictions and/or permanent
conservation easments. Primary and Secondary Conservation Areas shall be dedicated to Orange County,
another unit of local government, the State of North Carolina, a private non-profit land conservancy or a
homeowners association.
Comment: The above provisions are based generally on the current Cluster Development standards. Under the
Rural Character proposal's sliding scale of density bonuses, the provision of 33% open space would
be equivalent to a potential lot yield of 93 lots per 100 acres. The potential lot yield is derived first
from the base zoning of two-acre minimum lots sizes proposed by the Committee(e.g., SO lots per 100
acres). Then, at least 20% open space must be set aside, and, in return, a density of 0.80 units per
acre(e.g., 80 lots per 100 acres) is allowed. Since the scale provides for one additional lot for each
one percent(1%)of open space provided above 20%, a development with 33% open space would be
permitted a potential lot yield of 93 lots per 100 acres (80+13=93).
e 8irra[:Chi ractcr: axxd p'l ri�ite::Dc►�el .rent: : . .:ales
......
.
Development Opex Space
Standards Development Option Cluster Option
Where minimum lot size
requirement is ...
Lot Sue Required As small as 10,000 sq.ft.i. 40,000 sq.ft.1. 15,000 sq.ft.
20,000 sq.ft. 7,500 sq.ft.
10,000 sq.ft. S,000 sq.ft.
From 20% to 70% of total At least 33% of subdivision must
Open Space Required tract, including entry roads be set aside as open space
and other permitted uses
Maximum - 108 lots per 100 acres
Up to 80 to 130 lots per 100 (Density = 1.08 units per acre)
Potential Lot Yield acres (Density = 0.80 to 1.30 Current- 100 lots per 100 acres
units per acre) (Density = 1.00 unit per acre)
laical- 72 lots per 100 acres
(Density = 0.72 units per acre)
Dimensional Reductions permitted but not See standards above and on
Standards specified preceding page
2 mininnan lot size of two acres (87,120 sq.ft.) is required in designated Critical Areas and some
Protected Watersheds.Under the cluster provisions,lots of approximately one acre could be created,with land saved
through lot siae reductiow being preserved as common open space.
if density calculations are based on the total land area, the potential lot yield in such areas is 50 lots per
100 acres. if lot area calculations include half the street right-of-way, the minimum permitted lot size in a cluster
development would be approximately 40,000 sq.ft. Under this scenario,approximately 50%of the land area would
be preserved as open space.
Flexible Development 17
232 >
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233
D.4 Village Option
Villages represent a modified form of cluster development intended to serve as physical, social, and economic focal
points in rural portions of the county. Consequently, villages are appropriate locations for civic uses, such as schools
and churches,as well as a variety of economic fiinctions,including stores and woricshops,and residential building types
designed to accommodate a range of socio-economic groups.
The location, size, and composition of each village will be a
function of the development potential of the land associated with the settlement, including, but not limited to: - i- —
• The zoning of the site, including the maximum `
allowable member of dwelling units;
• The method of water S°PP1Y and sewage po sal
�
including the number of approved disposal sites;
• The presence of Primary and Secondary Conservation
Areas,including contiguous areas located on adjoining rj
properties; I i '� `� ; • •----
• The presence of existing and/or proposed transit routes j 1�
and corridors, and areas of future urban growth; e.g., ■ _—
Transition Areas; and -
Under the village approach, housing units are
• The presence of protected watersheds, including clustered around a center, including a commons or
defined critical areas• green, all surrounded by open space (Loudoun
County General Plan).
To this end,villages must meet the following general standards:
• The village proper is the village,comprised of residential units with associated commercial,office,and service
functions.
• The village proper may not exceed 100 acres in size and shall be built in a compact manner so as to
permit pedestrian accessibility to its center within a five minute walk.
• The village proper is to be distinguished from the village conservancy by a well-defined "edge" of
closely spaced buildings in contrast with the open space of the conservancy.
• A village proper may not be located closer than one-half mile from the edge of another village proper,
and every effort shall be made to keep the separate settlements visually distinct.
• The village proper is to be built in a generally rectilinear pattern of interconnecting streets, defined
by buildings, street furniture, and landscaping, as places to be shared equally by pedestrians and
automobiles.
• A hierarchy of padre and squares is to be provided and distributed strategically throughout the village
and culminate in a central civic space called the Village Greece.
• Village lots shall be restricted from further subdivision through deed restrictions and/or permanent
conservation easements.
Fleuible Development 19
, r
234
O The village proper may be composed of four uses:Storefront Uses, Townimme Uses, single-family
detached Residential Uses, and Workshop Uses. These uses and the standards applicable to each
are described on the following pages.
• The village conservancy is a continuous open space area surrounding the village proper,representing the land
firm which dwellings have been transferred to the village proper. In lieu of a continuous open space area, a
village conservancy may consist of open space and estate lots, provided all estate lots meet the standards of
Section D.1.
O Open space within the village conservancy shall consist of designated Primary and/or Secondary
Conservation Areas.
O The amount of land set aside as open space in the village conservancy shall comprise at least thirty-
three percent(33%)of the total land area in the subdivision and shall be no less than 100 feet in width
at any place, except for short connecting links.
O Primary and Secondary Conservation Areas within the village conservancy shall be restricted from
further development through dedication to Orange County,another unit of local government,the State
of North Carolina, a private non-profit land conservancy or a homeowners association, inchrding the
recording of conservation easements.
The specific standards applicable to the village proper and its component parts are described on the following pages.
Comment The "village option" is based, in part, on an earlier recommendation of the Rural Character Study
Committee; e.g., the "rural village" concept. It has been added as a modified form of cluster
development which allows dwelling units to be clustered around a village center, with open space
preserved surrounding the village. This concept has been given more structure using standards
developed as part of Loudoun County, Virginia's "rural village" strategy.Further structure was given
to the proposal using the neo-traditional town-making principles of Andres Duany and Elizabeth
Plater-Zyberk.
It should be noted that another form of "village" referred to as a "Village subdivision" could be
created without the use of this option. The village could be created by using the estate lot,
conservation, and/or cluster options, grouping residential lots around or adjacent to lots on which are
constricted permitted non-residential uses such as churches, day cane centers, etc. Additional non-
residential uses such as country stores and inns or bed-and breakfast establishments could be
considered for addition to the permitted use table of the Zoning Ordinance.
Flexible Development 20
23
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242
Village Development Standards
WORKSHOP USE PROVISIONS
Land designated for Workshop Uses may be used for the following purposes:
• Farm service support establishments.
• Building and landscaping contractors.
• Establishments involved in the repair, assembly, and/or manufacture of products
Land Use which require only hazed or table mounted electrical tools.
• Automotive service uses, including the servicing and repair of automobiles, and sale
of automobile parts, but excluding body repair shop and automobile storage.
• Warehousing and distribution establishments, provided all storage is conducted
entirely within a building.
• Not more than two percent (2%) of the land area in the Village Proper shall be
designated for Workshop Area use.
• Workshop Area lots shall be grouped together, located at the edge of the Village
Land Proper, and be no closer than 500 feet to the Village Green.
Allocation • Workshop Area lots shall have a maximum lot frontage of 150 feet.
• A maximums of two (2) lots may be combined for the purpose of constructing a
single building.
• Setback requirements on combined lots shall be the same as for single lots.
• Buildings shall not be required to provide setbacks from front or side property lines.
• Workshop Area lots shall be separated from other types of use categories at the side
Lots or rear property lines (except an entry onto an alley) by a continuous masonry or
& wood wall of not less than 10 feet in height or by a landscaped buffer of 100 feet in
Buildings width.
• Building coverage may not exceed 70 percent of the lot area.
• Buildings may not exceed two (2) stories in height.
• Lots shall front on a street with a maximum right-of-way width of 60 feet,
consisting of at least two 12-foot travel lanes, 8-foot parallel parking on one side,
Streets and 5-foot sidewalks on both sides.
& • Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot
Alleys alley, containing a vehicular pavement width of at least 12 feet if one-way; 16 feet
if two-way.
• Provision shall be made for service delivery, utility poles (if any) and trash
collection at the rear lot line.
• Street trees shall be,planned on both sides of the street at no more than 40-foot
intervals. They shall be decidaom and of varieties that obtain a mature height of at
least 50 feet.
• The nmzber of padang and loading spaces shall be provided in accordance with
Parlous Article 10 of the Zoning Ordinance.
• All off-street paddng spaces shall be located to the side or rear of the building.
• On-street paddng spaces shall be curbside, and parallel to the curb.
Flexible Development 28
e � �
243
D.5 Street Staadnrda
All streets in Flexible Developments shall conform to the standards contained in Section IV-B-3 of this Ordinance,
provided, however,private roads will be permitted as follows:
0 The number of lots served by a private road shall be
limited as follows:
10 Lob
Chm A Pri"b Rea
Road Number
am of Lots
Class C 1 to 3
Class B 4 to 9 u Lau
Class A 10 to 25 cb.A
Class AA 26 to 50 priTa`Roid
• Where a Flexible Development has 25 lots or less, the
street system may consist of different classes of private
roads provided a logical hierarchy of private roads is
planned, with those of lower classification connecting to �a T,w LAB-45
those of higher classication; Print Re" PdAc Rubes ,Ro"
xCMQr 8dodw&
• Where a Flexible Development has more than 25 lots, the Public streets and private roads are permitted in
street system may consist of public streets aid private roads large developments where they form a logical
provided: hierarchy of streets.
O The street system in the development forms a logical hierarchy of thoroughfares with streets of lower
classification connecting to streets of higher classication;
O The development contains no more than 50 lots;
O All entrance roads serving the development are public or paved, private streets;
O All streets which stub-out at property lines to provide for the extension of or connection to future
street systems are public streets; and
O Private roads are not proposed as part of a Village (Section DA)except in the Village Conservancy
portion of the development.
• Private,dead-end roads may be terminated in a cul-de-sac or"T"turnaround. Where a"T"turnaround is used
as the terminus for a private road,the dimensions(e.g., turning radius)of the "T" shall be sufficient to allow
emergency service and trash collection vehicles adequate room to turn around.
0 Existing stret rights-of-way may not count toward the mmm nm thirty-three percent (33%) open space
rte. However, new street rights-of-way may be counted but only to the extent that they are required
to pass through or by open space uses as defined herein to link one buildable portion of a site with another;
and they are located and/or constructed so as to have no adverse impacts on Primary and Secondary
Conservation Areas.
comment: A recommended strategy of the Rural Character Study Committee as well as several citizens was to
allow the use of private roads as an incentive to encourage open space developments. That strategy
has been incorporated into this proposal and is based on the assumption that a developer who uses
one or more of the Flexible Development options is "entitled"to private roads subject to the limitations
set forth above.
Flexible Development 29
r �
244
D.6 Water Supply and Sewage Disposal Facilities
Water supply and sewage disposal facilities to serve Flexible Developments may be provided through the use of.
• Individual wells and septic tanks provided either on each lot or in off-lot
locations protected through recorded easements; or '
Comment. The use of off-lot easements for nitrification fields is specifically `-
mentioned as an allowable option, because it has been used
successfully in an existing "open space"subdivision - Windy Hill.
Because some property owners wanted to build more bedrooms than
on-lot fields were capable of handling, septic easements were
approved for use in common open space. ,r
From a cluster design standpoint, the off-lot option enables lot sizes ''to be reduced and nitrification fields to be provided on adjoining ,•'
open space, subject to the 50% limitation noted previously. Off-lot
fields are recommended in Rural By Design and are included in the
Land Preservation Zoning District Provisions of Montgomery
County, Pennsylvania.
• A community water and/or sewage disposal system designed, constructed,
and maintained in conformity with all applicable state,federal,and local rules
NP
and regulations; or
Comment Community systems are also recommended in Rural By Design and Ir
included in the Montgomery County Land Preservation Zoning
District Provisions. Effluent is normally collected by way of gravity L_�
lines and carried to apre-treatment facility. Treated effluent is then I a
r_ _-
dispersed into the ground through nitrification lines, or sprayed on
fields or forests. I� .; it ll U
Such systems would be subject to the design, construction,
operation, and management standards and criteria specified in the
County's Wastewater Treatment Management Program.
g g
• Connection to a water and/or sewage disposal system operated by a municipality,association,or water or sewer
authority. System extensions are pemutted only in accordance with applicable water and sewer, and land use
policies and shall be sized only to serve the Flexible Development for which the system is extended; or
Comment Connection to or extension of public water and sewer systems is currently permitted within Transition
Areas designated on the Land Use Element of the Comprehensive Plan. The County's Water&Sewer
Policy also favors such connections/extensions where their provision will enhance the rural character
and provide for open space through cluster development(see Section IV 8-10-G Density Bonuses for
additional provisions).
• A combination of the above alternatives.
Flexible Development 30
• � i
2 4
Section E DESIGN GUIDELINES
EA Determining Density or Lot Yield
Overall density shall be based upon the mimmu n lot size requirements of the zoning district in which the Flexible
Development is to be located and on the basis of a Conventional Subdivision or "Yield" Plan conforming to the
regulations governing lot dimensions, land suitable for development, and street design. Although such plans shall be
conceptual in nature and are not intended to involve significant engineering or surveying costs, they must be realistic.
Potential building lots and streets must not be shown in areas that would not ordinarily be pemutted in a Conventional
Plan. For example, such plans would include, at minimum,basic topography,wetland locations, 100-year floodplains,
and slopes exceeding 25 percent in defining areas unsuited for development.
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Halls Mill Inn: Conventional Subdivision or "Yield"Plan (Natural Lands Trust)
On sites not served by public sewerage or a centralized private sewage tivatment facility, soil suability for individual
septic systems shall be demonstrated either by a preliminary soil suitability analyses of ten to fifteen percent (10% to
15%)of the proposed lots; or provision of a map showing the location of soil types suited for septic systems as based
on the OOn= Cho ,y_ N.C. Soil Smvev. Tlye map shall be prepared in consultation with the Soil Scientist of the
Environmental Health Division of the Health Department.
E.2 Design Process
Flexible Developmwt subdivisions shall be designed around both the Primary and Secondary Conservation Areas,which
together constitute the total required open space. The design process should therefore commence with the delineation
of all potential open space, after which potential house sites are located. Following that, access road alignments are
identified, with lot lines being drawn in as the final step. This "four-step" design process is further described below.
• Open Space Designation: Daring the d= = all potential Conservation Areas, both Primary and
Secondary, shall be identified using a Site Analysis Map. Primary Conservation Areas shall consist of those
features described in Section B.2.b. above. Secondary Conservation Areas shall comprise at least half of the
remaining land and shall mchrde the most sensitive and noteworthy natural, scenic, and cultural resources as
described in Section B.2.c. above.
Flexible Development 31
246
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Halls Mill Inn: Primary Conservation Areas (Natural Lands Trust)
Guidance as to which parts of the remaining land to classify Secondary Conservation Areas shall be based upon
on-site visits; and the Evaluation Criteria contained in Section F below.
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• House Site Location: During the second OM, potential house sites are tentatively located. The proposed
location of houses within each lot represents a significant decision with potential impacts on the ability of the
development to meet the Evaluation Criteria contained in Section F below. Gwerally, house sites Should be
located no closer than 100 feet from Primary Conservation Areas. Such saes may be situated 50 feet from
Secondary Conservation Areas to permit the enjoyment of scenic views without negatively UR acting Primary
Conservation Areas.
Flexible Development 32
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Street and Lot Layout:The JWmd go consists of aligning proposed streets to provide vehicular access to each
house in the most reasonable and economical manner. When lots and access streets are laid out, they shall be
located in such a way that avoids or at least minimizes impacts on both Primary and Secondary Conservation
Areas. To the greatest extent practical,wetland crossings and streets traversing slopes over 15 percent shall be
strongly discouraged unless such streets link one buildable portion of a site with another and no other means
of access is available.
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• Drawing in the Lot Lines: The fQz9hjj=consists of drawing in lot lines around potential house sites. Each
lot mast contain a buildable area of sufficient size to accommodate a single-family detached dwelling and
customary accessory uses,including,but not limited to,storage buildings and garages,patios and decks,lawns,
Flexible Development 33
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248
and driveways. b&viduai wells and septic systems,whew these am to be provided,mar be locked withm the
undivided ration I=&if sufficient space is not available on the lots.
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Flexible Development 34
249
Section F EVALUATION CRITERIA
For any given site,resources may vary widely in importance;e.g., a natural area compared to a historic site. Likewise,
for each type of resource, there may be examples of greater or lesser significance; e.g., a notable example of local
vernacular building traditions compared to a much altered older home. Priorities for conserving such resources should
therefore be based upon a thorough site analysis and an understanding of what is more special, unique, noteworthy,
environmentally sensitive, and/or historic as compared with other similar features or different types of resources.
In evaluating the layout of lots and open space,the following criteria will be considered as indicating design appropriate
to the site's features and meeting the intent of the Flexible Development standards. Whereas diversity and originality
in lot layout are encouraged,it is recognized that not all objectives may be achieved on a given site. Each applicant must
therefore to achieve the best possible relationship between development and preservation objectives.
F.1 General Criteria
The following criteria apply to all Flexible Development projects:
• The shape of the open space shall be reasonably
contiguous, coherently configured, and shall abut
existing or potential open space on adjacent
properties. Long narrow segments mnst be avoided
except in the case of trail or stream corridors, or
landscape buffers adjoining street rights-of-way _
and/or neighborhood boundaries.
f
• a
• The pin circulation system shall be designed ,
to assure that pedestrians can walk safely and easily +a
on the site, between properties and activities or
special features within the neighborhood open space w
system. All roadside footpaths should connect with s
off-mad trails, and link with existing or potential
« '. Woodlands/ .
open space on adjoining parcels. s Ncteural Anil
• Protect and preserve all wetlands, floodplains, and
steep slopes from clearing, grading, filling, or ;-
construction except as may be approved by the Board ,
Of
• connnom areas(neighborhood greens),cul_ Where forest land or natural areas are to be preserved,
de-sac islands, and both sides of new streets with locating development in open areas at the far edge of
native specie shade trees and flowering shrubs with a hdd is prefm-ed (Montgomery County Land
high wildlife conservation value. Preservation District).
F.2 Forest Lan&Natnral Areas Conservation
Where the goal of the Flexible Development project is to conserve forest hmd and/or natural areas and wildlife habitats,
the following criteria apply:
• Dwellings should be located in umvooded parts of the site away from mature forests, natural areas, and/or
wildlife corridors.
• when any woodland is developed, care shall be taken to locate buildings, streets, yards, and septic disposal
fields to avoid mature forests, na ural areas, and/or wildlife corridors.
Flexible Development 35
250 . ► , .
• To the greatest Man practicable, development should be designed around existing hedgerows and beelines
between fields or meadows. The impact on larger woodlands (greater than five acres), especially those
containing main trees, natural areas, and/or wildlife corridors, should be minimized.
F.3 Farmland Conservation
Where the goal of the Flexible Development project is to conserve farmland, the following criteria apply:
• Locate building lots in forested areas away from existing pastures, cropland, feedlots, and similar uses.
• If development mast be located on open fields or pastures because of greater constraints on other parts of the
site, dwellings should be sited in locations at the far edge of a field, as seen from a public road.
• Identity the most productive portions of existing fields,pastures,and cropland,and locate building lots on less
productive land.
• Provide buffers of at least 75 feet in width between building lots and cropland and pastures to reduce the
potential for conflict between residents and farming activities.
F.4 Conservation of Scenic Views
Where the goal of the Flexible Development project is to conserve scenic views, the following criteria apply:
• Leave scenic views and vistas unblocked or
uninterrupted, particularly as seen from public 1
roadways.Consider"no-build,no-plant"buffers-l
along public roadways where views or vistas are
prominent or locally significant. In wooded
areas where enclosure is a feature to be
I b
maintained,consider a no-build,no-cut"buffer
created through the preservation of existing iF'arntland/ _ e
vegetation. IScinic View
• Where development is located in unwooded o
areas clearly visible from existing public roads,
it should be buffered from direct view by a :�� —T •s •,
vegetative buffer or an earth berm constructed \
to reflect the topography of the surrounding
area. •
:\�..` •
• Protect tatil roadSrdC character and SCemC
by prong�r (e.g., \ a /
views lots two acres a•.
or more)adjacent to existing public made. ;•..• .•, .
• Protect rural roadside character and vehicular
carrying capacity by avoiding development
�g an S P����e.g.,�g Where farmland or scenic views are to be preserved, locate
access to all lots from interior rather than lots in forested areas away from pastures and fields
exterior roads. (Montgomery County Land Preservation District).
• Unless buildings can be effectively screened or buffered with trees, avoid siting new construction on or close
to prominent hilltops or ridges where rooflines are seen above the horizon.
Flexible Development 36
251
F.5 Historic and Archaeological Features
Where the goal of the Flexible Development project is to conserve historic and archaeological sites and structures, the
following criteria apply:
• Design around and preserve sites of historic, archaeological or cultural value so as to safeguard the character
of the feature(s), including fences and walls, farm outbuildings, burial grounds, abandoned roads, and
earthwoiks.
• New streets, driveways, fences, and utilities must be sited so as not to intrude unnecessarily on rural, historic
landscapes.Wherever possible,streets and driveways are to follow existing hedgerows,fence lines,and historic
farm drives.
• New developments must include plantings which incorporate native species and historic landscape.materials so.
as to harmonize with the character of the area.
• Building designs and styles used in new construction should be compatible with the ardAtedmal style of
historic buildings located on or adjacent to the site,especially in terms of scale,height,roof shape,and exterior
materials.
F.6 Recreation Provision
Where the goal of the Flexible Development project is to provide recreation and parks facilities for neighborhood
residents and/or the general public, the guidelines contained in Section IV-B-7-B shall apply.
Comment. The proposed design guidelines are based on criteria recommended in several different sources,
including Designing Qpen$pace Developments. Sussex County,Delaware,and Designing Open Space
Subdivisions,A Practical Step-Bv-SLc 40roach. the Natural Lands Trust.
Flexible Development 37
252
Section G DENSITY BONUSES
The maximum number of building lots or dwelling units in a Flexible Development shall not exceed the number that
could otherwise be developed by the application of the minimum lot size requirement and/or density standard of the
zoning district or districts in which the parcel is located. However, increases in the number of building lots or dwelling
units are permitted through one or more of the following options:
GA To Encourage Additional Open Space
A density increase is permitted where more than thirty-three percent (33%) of the total land area in the Flexible
Development is set aside as protected open space. The amount of the density increase shall be based on the following
standard:
For each additional acre ofprotected open space provided in the Flexible Development, one(1) additional building lot
or dwelling unit is permitted.
In lieu of providing additional open space in the Flexible Development,the applicant may purchase in fee simple or less
than fee(e.g., development rights)land separate from the Flexible Development which is comprised of Primary and/or
Secondary Conservation Areas as defined in Section B.2. Land purchased in fee may be dedicated to Orange County,
another unit of local government, the State of North Carolina or a private non-profit land conservancy.
For land purchased in less than fee,a conservation easement shall be recorded which restricts the development potential
of the land. The conservation easement shall be dedicated to Orange County,another unit of local government,the State
of North Carolina or a private nonprofit land conservancy.
G.2 To Encourage Affordable Housing
A density increase is permitted where the Flexible Development provides on-site or off-site housing opportunities for
low or moderate-income families. The amount of the density increase shall be based on the following standard:
For each affordable housing unit provided in the Flexible Development, one(1)additional building lot or dwelling unit
is permitted. Affordable housing is defined as units to be sold or rented to families earning less than the Orange County
median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development.
In lieu of providing affordable housing units in the Flexible Development,the applicant may donate to Orange County
land separate from the Flexible Development with suitable soils or access to public water and sewer for the purpose of
developing affordable housing. The donated land shall contain at a minimum the land area needed to develop the total
number of bonus units in accordance with the zoning requirements of the district in which the donated land is located.
G.3 To Encourage Maintenance Endowments
The County may allow a density bonus to generate additional mca me to the applicant for the express purpose of
endowing a permanent fund to offset continuing open space maintenance costs. Spending from this find would be
restricted to expenditure of interest,in order that the principal may be preserved.Assuming an average interest rate of
five(5)percent, the amount designated for the Endowment Fund should be twenty(20)times the amount estimated to
be needed on a yearly basis to maintain the open space. On the assumption that additional dwellings, over and above
the maximrmm that would ordinarily be permitted on the site,are net of development of development costs and represent
true profit, 75 percent of the net selling price of the lots should be donated to the Open Space Endowment Fund for the
conservation lands within the subdivision. Such estimates should be prepared by an agency or organization with
experience in open space management acceptable to the County. This fiord shall be transferred by the developer to the
designated entity with ownership and maintenance responsibilities, such as a homeowners' association, a land trust, or
a unit of local government.
Flexible Development 38
253
G.4 Location of Bonus Units
Density increases as permitted above are limited to Flexible Developments proposed in the following locations:
• Within Transition Areas as designated in the Land Use Element of the Comprehensive Plan.Within such areas,
the maximum permitted density is two and one-half(2.5)dwelling units per acre unless the applicant obtains
approval of a zoning district classification which permits a higher density.
• Outside of Transition Areas but within an area designated for service by a utility provider as part of an adopted
long-range water and/or sewer extension plan. Within such areas, the maximum permitted density is one and
one-third(1.3) dwelling units per acre.
• Outside of Transition Areas but within three-fourths (3/4) of a mile of an interstate corridor or a major
thoroughfare designated as a high occupancy vehicle(HOV)/busway route as part of an adopted regional transit
plan. Within such areas, the maximum permitted density is two and one-half(2.5) dwelling units per acre.
• Outside of Transition Areas but within one-half(1/2)mile of a transit station desired as part of an adopted
regional transit plan. Within such areas, the maximum permitted density is five (5) dwelling units per acre.
Within these locations, public water and sewer service may be extended, provided the applicant can demonstrate that
such service is necessary to serve the density increases achieved through the use of the bonus option(s)described above.
Comment. The provisions related to density bonuses are based, in part, on existing regulations
applicable to affordable housing, the recommendations of the Rural Character Study
Committee, and the proposed Preliminary Recommendations for a Rggional Transit Plan as
prepared by the Triangle Transit Authority. Both affordable housing and open space bonus
options have similar provisions, e.g., affordable units or additional'open space may be
provided on-site or off-site.
In terms of density limits, the ceiling set for locations outside of Transition Areas and transit
corridors/stops is based on the 1.3 dwelling unit per acre limit recommended by the Rural
Character Study Committee. The location is tied, however, to designated utility service areas.
Density limits established for transit corridors/stops represent the low end of densities
recommended in the Regional Transit Plan.
Flexible Development 39
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M. APPLICATION AND APPROVAL PROCEDURES
The major aspect of revisions to this section of the Subdivision Regulations is the requirement that a subdivider submit
two plans - one for a conventional subdivision (Conventional Development Option) and another for an open space
subdivision (Flexible Development Option). While the submission of two plans is required, the choice of which plan to
pursue remains that of the subdivider.
Section III-D-1. CONCEPT PLAN APPROVAL
a. Pre-Application Review: To promote better communication and avoid unnecessary expense in the design of
acceptable subdivision proposals, each subdivider is encouraged to meet with the Planning Department staff
prior to filing an application for Concept Plan approval. The purpose of this informal meeting is to introduce
the applicant to the provisions of this Ordinance and discuss his/her objectives in relation thereto.
b. On-Site Visit: Prior to the submission of a Concept Plan, the applicant shall schedule a mutually convenient
time to walk the property with the Planning Department staff. The purpose of this visit is to famiinuize the
Planning Department staff with the property's special features, and to provide them an informal opportunity
to offer guidance to the applicant regarding the tentative location of Secondary Conservation Areas, and
potential house locations and street alignments.
Prior to scheduling the on-site visit, the applicant shall have prepared the Site Analysis Map as required in
Section V-B-2 below. If the on-site visit is not scheduled before the Concept Plan submission,it should occur
prior to the Public Information Meeting described below.
C. Application Requirements: Applications for Concept Plan approval shall be submitted to the Planning
Department prior to the submission of a Preliminary Plat and shall contain the following information:
• An Orange County Tax Map showing the location of the parcel to be subdivided.
• Sixteen(16)copies of a Concept Plan of the proposed major subdivision prepared in accordance with
the specifications for Concept Plan drawings as contained in Section V B of this Ordinance.A Concept
Plan shall consist of three parts, including:
• A Site Analysis Map;
• A Conventional Development Option; and
• A Flexible Development Option.
In lies of a three-part Concept Plan, one Concept Plan may be submitted if:
• The applicant is seeking approval only of a Flexible Development Plea. The applicant may
also combine the Site Analysis Map and the Flexible Development Option into a single plan,
provided the information required in Section V-B is displayed in a clear and legible fora; or
• The applicant is seeking approval only of a Conventional Development Plan in which all lots
in to be developed with affordable housing units. In such instances, it is not necessary for
an applicant to submit a Site Analysis Map and a Flexible Development Plan, provided,
however, nothing in this section is meant to discourage an applicant from submitting a
Flexible Development Plan.
For the purposes of this Ordinance,affordable housing is defined as units to be sold or rented
to families earning less than the Orange County median income, adjusted for family size, as
determined by the U.S. Department of Housing and Urban Development.
Flexible Development 41
256
o Concept Plan application form as prescni bed by the Plamiing Departmenit in a form which provides:
O A comparison of the impacts of the Flexible Development Option to those that would result
from the Conventional Development Option.
O A checklist identifying consistency with applicable design guidelines as set forth in Section
N-B-10-G.
• Stamped envelopes addressed to each owner of property within 500 feet of the property proposed to
be subdivided. The names and addresses of property owners shall be based on the current listing as
shown in the Orange County Land Records System.
Comment: The application requirements shown above are essentially the same as currently required for Concept
Plans with several notable exceptions. First, the subdivider must submit an Optional Plan for a
Conventional Development (as currently required) as well as a Site Analysis Map and an Optional
Plan for a Flexible Development. This requirement represents a "balance"between mandatoil open
space design and the Qptional approach currently allowed and is based on the Grafton, Massachusetts
Flexible Development Bylaws.
Second, the subdivider has the option of submitting a Flexible Development Plan only, and combining
the Site Analysis Map and the Flexible Development Option into a single plan. Subdividers who choose
this option can eliminate the time and/or expense of having a Conventional Development Plan
prepared.
The subdivider also has the option of submitting a Conventional Development Plan,provided all lots
are to be developed with units to be sold or rented to families earning less than the Orange County
median income. Such families have incomes of $40,685, can afford a mortgage payment of
approximately$845 per month, or a mortgage of about$110,000(8.5% interest for 30 years).
Finally, the subdivider is required to provide stamped, addressed envelopes for use in notifying
adjacent property owners of the Public Information Meeting described below.
C. Public Information Meeting: Upon receipt and acceptance of the Concept Plan application, the Planning
Department shall schedule a Public Infomnation Meeting and mail notices of the meeting to each owner of
property within 500 feet of the property proposed to be subdivided. The Public Information Meeting shall be
held within 15 days of acceptance of the application, and notices shall be mailed by first class mail at least ten
(10) days prior to the date of the meeting.
At the meeting,the PI== Department staff will explain the County's subdivision approval process, and the
applicant will be available to answer questions about the proposed subdivision.
Commext:• This provision has been added to address the concerns of citizens who felt they should have been
notified of pend ing subdivision applications. The Public Information Meeting process is similar to that
used by the Town of Chapel Hill. The process benefits the applicant by being able to present his/her
design concept and hearing the concerns, if any, of adjoining property owners.Adjoining owners have
the opportunity of hearing about the proposal at the beginning of the subdivision approval process
from the applicant.
d. Pkaua ; Department Review Procedorem Within thirty (30) days of the date of the Public Information
Meeting or within such farther time consented to in writing by the applicant, the Planning Department shall
submit to the Planning Board its recommendation,including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan,and other applicable codes and
one; and the concerns of citizens expressed at the Public Inform Meeting. If the Planning
Flexible Development 42
25 '7
Department fails to prepare a report to the Planning Board within the specified time period, or extension
thereof, the Concept Plan is recommended without conditions.
Comment. This provision retains the start of the "45-day clock" at the time of application submission and
includes the Public Information Meeting within that period. It has also been revised to eliminate
references to the Planning Department review associated with natural and cultural areas, land
suitability, and proposed recreation and school sites. Such reviews are not only cited elsewhere, but
the Planning Department analysis takes into account the requirements of the Subdivision Regulations
and other plans, codes, and ordinances which may have a bearing on the application.
e. Planning Board Review and Approval Procedures: After receiving the Planning Department's report or,
if applicable, the expiration of the time period l)od in Section III-D-1-b, the Planning Board shall
consider the Concept Plan,including both the Conventional Development Option and the Flexible Development
Option, and take action on the proposals. The Planning Board shall base its action on its findings as to the
conformity of the proposals with all applicable regulations and shall:
• Approve the Development Options;
• Approve the Development Options subject to conditions; or
• Deny the Development Options.
If the Planning Board approves the Development Options either with or without conditions,it shall recommend
to the subdivider which Development Option that it considers most appropriate,based on the characteristics of
the site, its suitability for development, and the intent of the Flexible Development standards as specified in
Section IV-B-10-A. The Planning Board's recommendation shall be non-binding on the subdivider.
If the Planning Board approves the Development Options subject to conditions, such conditions shall be
reasonable and shall seek to insure compliance with applicable regulations.If the Planning Board approves with
conditions or denies the Developer Options, the reasons for such decision shall be stated in writing to the
applicant and entered into the minutes of the meeting at which such action was taken.
The Planning Board shall take action within forty-five (45) days of the meeting at which the Planning
Department's report is submitted to it or within such further time consented to in writing by the applicant. If
the Planning Board fails to take action within the specified time period, or extension thereof, the Planning
Board shall be deemed to recommend approval of the Concept Plan Development Options without conditions.
Comment. The only difference between the above provisions and those currently in effect is the addition of the
requirement that the Planning Board approve both the Conventional Development Option and the
Flexible Development Option.Another addition is the requirement that the Planning Board recommend
to the subdivider which Development Option to pursue. This approach is based on a similar concept
contained in the Grafton, Massachusetts Flexible Development Bylaws.
E Actim Subsegaast to Appovah If the Cooeept Plan Development Options are approved or approved with
cow, the Planing Board Chair shall endorse h m/her approval on two (2) copies of each Development
Option. One(1)copy of each Development Option shall be retained by the Planning Department,and one(1)
copy shall be returned to the subdivider or his/her authorized agent.
Upon approval of the Concept Plan Development Options by the Planning Board,the subdivides may then elect
which Development Option he/she wishes to pursue and then proceed with the preparation of the Preliminary
Plat.
From the date of approval of the Concept Plan Development Options by the Planning Board,the applicant shall
have one(1)year in which to prepare and file an application for Preliminary Plat approval. If a Preliminary
Plat for the subdivision has not been subezatted within the specified time limit,the Concept Plan Development
Flexible Development 43
o • � •
258
Options shall become mill and void.
Comment The only significant difference between the above provisions and those currently in effect is the
addition of a provision which gives the subdivider the choice of which Development Option to pursue.
This provision is also based on the Grafton, Massachusetts Flexible Development Bylaws.
g. Appeal Procedures: The decision of the Planning Board regarding Concept Plan Development Options may
be appealed to the Board of Commissioners. If appealed, the Development Options shall be placed on the next
regular meeting agenda of the Board of Commissioners. The Board of Commissioners shall have final approval
authority, and, where applicable, all Concept Plan Development Options shall contain information and/or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make Endings of fad in support of its decision. The
applicant shall be notified,in writing, of the Board of Commissioners' decision within ten(10)days after said
decision is made.
Comment No changes have been made in this provision other than to denote that the Planning Board's decision
regarding the Development Options may be appealed.
V. SPECIFICATIONS FOR PLAT DRAWINGS
This section outlines the content of a Concept Plan map. Whereas the current ordinance provisions only require the
features and information described in Sections V-B-1 and V B-3 below, this Flarible Development proposal would require
the additional information specified in Section V-B-2 (Site Analysis Map) and Section V-B-4 (Flexible Development
Option). The inclusion of these provisions is necessary for plan specifications to be consistent with the requirement that
a subdivider submit two plans - one for a conventional subdivision and another for a Flexible Development or open
space subdivision.
Though not included as part of this section, one item to consider is the question of application fees. During its
deliberations, the Rural Character Study Committee considered the possibility of eliminating or reducing fees for certain
types of subdivision development. The current Concept Plan application fee is$80 + $1 per lot for a Major Subdivision.
By eliminating the fee, it would help offset the cost associated with the "two plan"requirement. Based on application
fees projected in the FY 1994-95 budget, the cost would be approximately 13C per capita.
An extension of this concept is to the Major Subdivision Preliminary Plat fees($350 + $5 per lot). Permitting a waiver
of these fees if the subdivider elects to pursue a Flexible Development plan could also serve as an incentive for open
space development. Based on application fees projected in the FY 1994-95 budget, the cost would be approximately 9C
per capita.
Section V-B. CONCEPT PLAN
The Concept Plan required by Section III-D-1 for Major Subdivisions consists of three parts:
• A Site Analysis Map;
• A Conventional Subdivision Option; and
• A Flexible Development Option.
The Concept Plan shall be prepared according to the "four-step" process for designing Flexible Development
subdivisions described in Section IV-B-10-E. It shall be drawn in bladr ink or pencil to a scale of not less than two
hundred(200)feet to the inch. TU scale chosen shall be large emongh to show all required detail clearly and legibly.
Flexible Development 44
259
1. General Information: Each Site Analysis Map and Development Option shall contain the following general
information:
a. A sketch vicinity map showing the location of the subdivision in relation to the existing street or
highway system;
b. The plotted boundaries of the tract firm deeds or maps of record and the portion of the tract to be
subdivided;
C. The total acreage to be subdivided, including tax map, block and lot number reference;
d. The name, address and telephone number of the subdivider or owner and the person responsible for
the subdivision design;
e. Scale, approximate north arrow and date of plat preparation; and
f. Name of subdivision.
Comment. This provision is based on the current Concept Plan requirements but has been eacpanded to require
that the information appear on each map or plan.
2. Site Analysis Map: As determined from readily identifiable on-site inventories, aerial photographs, maps of
record,State/Federal resource maps,and local planning documents and inventories,the Site Analysis Map shall
contain the following information:
a. Primary Conservation Areas: Identification of physical resources associated with the site which
restrict its development potential or contain significant natural and/or cultural resources, including:
• Topographic contours at ten-foot intervals, showing rock outcrops and slopes of seven and
one-half percent(7-1/2%)to fifteen percent(15%), and more than fifteen percent(15%).
• Soil type locations and characteristics relating to seasonal high water table and depth to
bedrock.
• Hydrologic acs of the site, including drainage tn�taries, surface weer bodies,
floodplains, and wetlands.
• Natural areas, and wildlife habitats and corridors.
• Historic and archaeological sites listed on the National Register of Historic Places or inch ded
on the State's National Register study list,designated as a local historic laodmmric,located in
a local historic district, and/or identified as having a high potential for archaeological
remains.
b. Secondary Conservation Areas: Identification of significant site elements on buildable portions of
the site, including:
• Vegetation of the site,defnin approximate location and boundaries of woodland areas,and,
wherever possible,vegetative association in terms of species and size.Infortation from aerial
photographs shall be acceptable at the Concept Plan stage.
• Current land use and land cover (cultivated areas, pastures, etc.), existing buildings and
structures, and burial grounds.
Flexible Development 45
z6("1
• Scenic views onto the site from surrounding roads as wets as views of scenic,features from
within the site as determined by field survey.
a Other historic and archaeological sites and structures.
C. Traesportatioa and Utility Systems: Identification of facilities associated with the movement of
people and goods, or the provision of public services, including:
• Railroad and street rights-of-way.
• Easements for vehicular access, electric and gas trarmission,lines, and similar uses.
• Public and private water and sewer lines, and stone drainage facilities.
Comment The above provisions are based on the current Cluster Development requirements. The separation of
site features and resources into "Primary"and"Secondary"Conservation Areas reflects the open space
design strategies of Randall Arendt as reflected in the University Station Planning Group work and
the Sussex County, Delaware open space design guidelines.
3. Conventional Subdivision Option: The Conventional Subdivision Option shall contain the following
infoanation:
a. The proposed street layout within the subdivision, including travelway and right-of-way widths, and
connection to existing streets;
b. The location of soils suitable for individual septic systems as detenmined by:
• Prelim mmy soil suitability analyses of ten to fifteen percent(10 96 to I s%)of the proposed
lots; or
• Provision of a map showing the location of soil types suited for septic systems as based on
the Qom - N.C. Soil S*vev. The map shall be prepared in consuhation with the
Soil Scientist of the Environmental Health Division of the Health Department.
C. The proposed arrangement of lots within the subdivision,including size and number,as based on soil
suitability analysis.
cennwxo This provision is based primarily on the current Concept Plan requirements. However, the inclusion
of a provision regarding a soils suitability analysis is intended to address suggestions that a "yield
plan"be submitted as part of the Concept Plan application.
4. Flexible Development Option. The Flexible Development Option shall contain the following information:
a. The proposed ammimient of lots within the subdivision, including size and ma ntm.
b. The proposed street layout within the subdivision, including travelway and right-of-way widths, and
connection to existing streets.
C. Tlme WCOU , type, and area of the open space Proposed in the subdivision, mcludmg open space to
be preserved:
• In a separate lot or lots under the ownership of a homeowners association.
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• As part of individually owned lots through a conservation easement Wlicable to multiple
lots.
• As part of individually owned estate lots through designation of buildable areas and the use
of restrictive covenants.
• In a separate lot or lots through dedication for public use, such as a park site, to a unit of
local government, state government or a private land conservancy.
d. The location of proposed water supply and sewage disposal facilities, including:
• Well sites for individual and community water systems,
• Nitrification fields and land application areas for community sewage disposal systems
employing subsurface disposal and spray irrigation, respectively.
• Nitrification fields and land application areas for individual on-and off-lot sewage disposal
systems employing mace disposal and spray irrigation, respectively.
• Public water and sewer lines,where such facilities are available or capable of being extended.
Where the applicant is seeking approval only of a Flexible Development Plan, he/she shall submit
.Mfil I ion showing the location of soils suitable for individual septic systems as required in Section
IV-B-3-b.
Comment.- The above provisions reflect the current Cluster Development requirements. Some provisions,
however, have been expended to be consistent with the proposed amendments to Section IV-B-
10 and Section Ill.
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RELATED ORDINANCE AMENDMENTS
The following ordinance amendments are proposed to provide consistency between the Flexible Development proposal
and other provisions of the Zoning Ordinance and Subdivision Regulations. Wording to be deleted is indicated with
str..kAmugh text, and wording to be added is indicated with boldface text.
ZONING ORDINANCE
6.2.2 Cluster Flexible Developments
Minimum lot area, lot width, and setback requirements as specified in Article 4.1.2 of this Ordinance may be
reduced for lots created as part of a C Flexible Development subdivision as provided in Section IV-10-B
of the Orange County Subdivision Regulations.
6.23.8 Water Supply/Sewage Disposal Facilities (Watershed Protection Overlay Districts)
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA Water supply and sewage treatment systems shall be limited to
UNIV-PW individual wells and on-site septic systems or individual on-site
CANE-PW alternative disposal systems; provided, however, off-site systems
CANE-CA shall be permitted in the Cane Creek Protected Watershed
U-ENO-CA (CANE-PW) and Critical Area (CANE-CA), and the Upper Eno
Critical Area (U-ENO-CA) when located in a Flexible
Development subdivision approved in accordance with Section
IV-10-B of the Orange County Subdivision Regulations.
All Watershed Overlay No new treatment system will be permitted where effiuent disposal
Districts occurs on a separate lot from the source of wastewater generation;
provided, however, off-site systems shall be permitted in all
Watershed Overlay Districts except the University Lake
Protected Watershed (UNIV-PR) and Critical Area (UN1V-CA)
when located in a Flexible Development subdivision approved in
accordance with Section IV-10-B of the Orange County
Subdivision Regulations.
22 Definitions (Gkskp Flexible Development)
Flexible Development -A subdivision in which greater flexibility and design creativity is encouraged
and allowed to preserve agiicultm al and foresdy lands, natural and cultural features, and rural
community character that might otherwise be lost through conventional development approaches. At
least one-third (33%) of the land within a Flexible Development subdivision must be set aside as open
space which may be preserved through:
• An "estate lot" approach where all land is subdivided into lots four (4) acres or greater in
size, banding limits (50%) are established for each lot, and the land area outside such limits
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Is preserved as open space; or
• A"conservation" approach where all land is subdivided into lots, and open space is preserved
through the use of conservation easements applied to portions of individual lots; or
• A"cluster" approach where lot sizes are reduced and the land saved through such reductions
is preserved as open space; or
• A "village" or modiQed cluster approach where dwelling units are clustered around a village
green and supporting shops, and the village is surrounded by open space; or
• Some combination of the above
SUBDIVISION REGULATIONS
H. Dermitions (GlasUr Flexible Development)
See definition of"Flexible Development" under Zoning Ordinance amendments above.
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26,E
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