Preservation of open space, including but not limited to farmland, meadows, forests, and wildlife habitat as well as scenic views identified in the Comprehensive Plan.

Preservation of areas with the highest ecological value as well as areas with significant value not otherwise protected by law.

Location of buildings, streets and structures on those portions of the site most appropriate for development based on environmentally aware site design.

Connections to open space on adjoining lands wherever possible.

Reduction of impacts on water resources and water quality by minimizing land disturbance and impervious surfaces while utilizing nature-based strategies such as low-impact development (LID) combined with best management practices (BMP) for optimal stormwater management.

Expansion of outdoor recreation opportunities wherever possible.

Preservation of historic, archaeological, and cultural features, such as, but not limited to, historic structures, stone walls, cellar holes, earthworks, middens or graves.

Minimization of residential developments' footprint, including streets, utilities, and driveways, to lower the impact on the municipality, neighboring properties and the natural environment.

Demonstrated awareness of and response to climate change effects such as:

Conservation of the Town's natural resource and neighborhood diversity.

Conservation subdivisions are a residential use permitted in various zones as indicated in Chapter 16.4. Mobile home parks or manufactured homes on individual lots are not eligible for conservation subdivisions. Subdivisions that are not conservation subdivisions, referred to herein as "conventional subdivisions," are a special exception use.

The Planning Board, in reviewing and approving proposed residential development under this chapter, may modify the following dimensional standards to permit flexibility in approaches to site design in accordance with the standards of this chapter: lot area, impervious surface, street frontage and front/rear/side setbacks. The Board may allow such dimensional modifications when the Board finds a determination of benefit consistent with this chapter.

The Board may also modify density standards when certain affordable housing provisions are met. See § 16.10.9.

In addition to the requirements of Chapter 16.8, the following items are required with submission of the sketch plan:

For preliminary plan submission, in addition to the requirements of Chapter 16.8, an applicant with a project that includes proposed public open space such as a park or a nature trail must obtain Town Council approval for accepting the public land prior to the Planning Board's preliminary plan approval. Such open space must be offered to the Town in fee or through an easement to be held by the Town. Town Council acceptance of the public open space is contingent upon receipt of final plan approval by the Planning Board.

An applicant with a project that includes moderate to high value wildlife habitat or other exceptional natural features is strongly encouraged to seek a conservation easement to be held by a land trust or other such conservation entity. Such easements will be counted towards the open space requirements for the subdivision as reserved open space and must be approved by the Planning Board.

The Planning Board may, at the applicant's expense, seek expert and professional opinions concerning any aspect of the proposed development, including, but not limited to, engineering, site evaluation/septic design, landscaping, natural resources, historic resources, traffic, wetlands, soil, stormwater and water quality.

The purpose and objectives as stated above in § 16.10.1 must be upheld for all subdivision reviews conducted under this chapter. In all cases, the subdivision must be designed for the open space first, with the remaining area designated and designed for development. The Planning Board has final authority over the site design and type of subdivision (conservation or conventional) permitted.

A conservation subdivision must meet all requirements for a subdivision and all other applicable federal, state and local ordinances, except as modified by Chapter 16.10 and/or action of the Planning Board, where authorized.

Public or privately shared sewer and water must be provided unless it is demonstrated to the Planning Board's satisfaction that alternative methods proposed will result in development that is compatible with the purpose and objectives of Chapter 16.10 and meets all other state and municipal requirements. Criteria for the Board to consider include:

Open space designated and set aside in a conservation subdivision will be permanently preserved as required by this performance standard. Land that is designated as reserved or common open space as defined by Title 16 must be separate tax parcels and not included as a part of any residential lot. Public open space must be approved and accepted by Town Council per § 16.10.4B. In all cases, the Planning Board must approve the configuration of the open space.

Unless a public or shared sewer collection and treatment system is provided, no lot may be smaller than 20,000 square feet per single-family residence.

No individual lot or dwelling unit may have direct vehicular access onto a public road existing at the time of development. This requirement may be modified at the Planning Board's discretion in cases where existing structures included in the proposed subdivision have access from a public road, and the overall site design is improved for allowing such access to remain.

In cases where proposed development includes shoreland, the entire area that falls within the Shoreland Overlay Zone, the Resource Protection Overlay Zone or the Stream Protection Overlay Zone must be protected as open space. All areas designated as floodplain and the 250-foot radius around a state-designated significant vernal pool must similarly be protected as open space. Where an area falls within two or more such zone designations, the zone with the largest total area will apply. Such open space may not be part of any private house lot.

Where a conservation subdivision abuts a body of water, stream, or a significant wetland as defined by the State of Maine, a portion of the shoreline, as well as reasonable and appropriate access to such water body, stream or wetland, as determined by the Planning Board, must be a part of the commonly held open space. Shoreland frontage must not be less than 100 feet. Deeded access to the shoreland frontage must be conveyed to each lot owner in the conservation subdivision.

Wetlands, as defined by federal, state, and/or Town of Kittery regulations or ordinances, must be included in the open space with a designated "no cut, no disturbance" setback per § 16.10.6E. While wetland alterations are generally discouraged, there may be circumstances under which an alteration could be considered.

All utilities must be installed underground. Underground utilities and related easements may be located in designated common open space but must be shown on the plans, including the as-built plan. The Planning Board may allow aboveground electrical/utility service installation, but it is incumbent on the developer to demonstrate to the Planning Board's satisfaction that underground installation of utilities is not technically possible.

The location of any subsurface wastewater disposal systems and reserve areas, if required, must be shown on the plan. The reserve areas must be labeled as restricted so as not to be built or encroached upon. All necessary information such as the site evaluator report and state-required permits must be included prior to final plan approval.

The developer must take the site's natural features and physical location into consideration as follows:

Active recreational facilities such as playgrounds or tennis courts requiring permanent equipment affixed to the ground and/or modification of the site may not be located within the wetland or shoreland setback areas or within reserved open space areas.

Where a park or a playground with permanent affixed equipment, either recreational or artistic in nature, is proposed as common open space, the park or playground must be designed by a landscape architect or a professional specializing in playgrounds. The plans for the playground or park must be submitted as part of the preliminary plan or, if the conservation subdivision is less than five lots, part of the final plan. Any impervious surface created as part of the park or playground must be included in the stormwater management report to ensure the design of adequate stormwater management systems.

Plantings, landscaping, naturally existing vegetation, and the forms and siting of buildings and other improvements must be used to integrate the proposed development with the surrounding landscape and any neighboring development.

Development setbacks from wetlands, streams and water bodies must comply with § 16.5.30 and § 16.10.5G. These setbacks must be permanently maintained as "no cut, no disturb" buffer areas except where common access by the conservation subdivision residents is required per § 16.10.5H. These buffer areas must be identified as such on all subdivision plans, including the as-built plan. The Planning Board may require signs denoting the boundaries of these buffer areas be placed prior to the issuance of any certificate of occupancy to ensure that encroachment does not occur. If the setback areas do not contain substantial vegetation, as determined by the Planning Board, to provide a sufficient and environmentally appropriate buffer and ecological benefit, the Board may require additional native or Northeastern native climate-tolerant plantings. If plantings are required, any plantings that do not survive must be replaced. This plantings requirement does not expire and runs with the land.

A vegetated buffer is required in Zones R-C and R-RL along the front lot line (except for access to the development) of the proposed development where designated open space or "no-cut, no disturb buffers" as described in Subsection E above do not exist. The frontage buffer must be at least 40 feet wide and will serve to screen the development from the street, perform carbon capture and aid in stormwater absorption. This buffer may not be built on, paved, mowed or used for parking or storage, nor can it be part of any residential lot. No trees may be cut within the buffer unless they are dead, diseased or dying, are identified as an invasive species or are less than a two-inch caliper. Any invasive plant species, as identified by the State of Maine, that are found in the buffer must be removed. Vegetation will be maintained in its natural state (excluding invasive species) unless the Planning Board deems the buffer insufficiently vegetated to serve its purpose, in which case the Board may also require additional native or Northeastern native climate-tolerant plantings. If plantings are required, any plantings that do not survive must be replaced. This plantings requirement does not expire and runs with the land.

The Planning Board may require vegetated buffers in other locations on the site, such as, but not limited to, side lot lines or rear lot lines, when, in the Board's judgment, such a buffer will allow the site design to better meet the criteria and objectives of this conservation subdivision ordinance. Such buffers may not exceed 40 feet in width, and all requirements in Subsection F above apply.

Low-impact development (LID) must be incorporated into the site design and should include simple nature-based strategies such as maintaining significant stands of forest and intact and ecologically functional wetlands.

In cases where a proposed conservation subdivision abuts permanently protected land such as property owned by a land trust or private property with a conservation easement, all proposed development, including private house lots, structures, roads, driveways, utility easements, stormwater management systems, and utilities, must be set back at least 30 feet from the edge of the protected property. This thirty-foot setback also applies to Town-owned land used by the general public, such as but not limited to Rogers Park, the Town Farm Forest and Fort Foster.

The amount of open space required varies with the zoning district in which the conservation subdivision is located. The requirements are as follows:

Wetlands of all types, water bodies, floodplains, and streams located on the site must be protected as reserved open space, except as otherwise allowed in § 16.10.5.

Natural resources such as wildlife habitat or areas of ecological importance must be included in the designated open space.

The required designated open space must include any notable natural features found on the site, such as, but not limited to, stands of mature trees, meadows, hillsides, ledge/outcroppings, and former or existing farmland.

All historic, cultural or archeological resources must be included in the designated open space.

Open space areas within a site must be contiguous blocks, to the greatest extent possible, and link to open space on abutting land where it exists to protect natural resources, including plant and wildlife habitats. It is incumbent on the applicant to demonstrate to the Planning Board's satisfaction that noncontiguous open space still meets the criteria and intent of this chapter.

Open space may not consist entirely of mowed grass areas unless such a space is designated as a park, either public or private. If a park is proposed or included in the development, seating areas and shade trees, at minimum, must also be included in the park. See § 16.10.6 for design details.

All three types of open space, public, common and reserved, as defined by Title 16, may be used for a proposed development to meet the open space area requirements of the applicable zone. For example, a conservation subdivision may propose common open space for a community garden with mowed areas around the garden for community gatherings while designating the woodlands beyond as reserved open space, with both areas combining to meet the necessary open space requirements. The Planning Board must approve the designations and may require changes in the designations and/or the uses based on the standards of this chapter.

This conservation subdivision ordinance will supersede inconsistent provisions regarding buffers, open space and vegetation/landscaping requirements of Title 16 where relevant and applied to a conservation subdivision development being considered by the Board.

Open space designated and set aside in a conservation subdivision will be permanently protected from development as required by this chapter. Such perpetual protection includes but is not limited to conservation easements and declarations of covenants, conditions, and restrictions.

A conservation easement may be granted to or the declarations may be for the benefit of a qualified not-for-profit conservation organization such as a land trust acceptable to the Planning Board or to the Town of Kittery with the approval of Town Council.

The Planning Board may require that any conservation easement or declaration of covenants, conditions and restrictions be enforceable by a third party as specified and/or approved by the Board.

On all parcels, open space uses must be appropriate to the site as follows:

Prior to approval of the final plan by the Planning Board, documentation, including plans, homeowners' association documents, such as the covenants, conditions and restrictions as well as bylaws, deed restrictions, conservation easements and any other legal instruments, for open space concerned with the subdivision and its open space must be submitted to the Town for review by legal counsel at the applicant's expense. Once reviewed by legal counsel and any corrections required are made, the documents must be submitted to the Board as part of the final plan submission. Upon approval of the final plan, all documents described above that apply to the homeowners' association and/or open space must be submitted to the Registry of Deeds and a recorded copy submitted to the Town prior to the issuance of the first building permit.

The open space must be accurately shown on the development plans, at least by final plan submission and on the as-built plan with appropriate notation to indicate:

The Planning Board may require that a separate open space plan with full details and notations per Subsection E above be submitted for preliminary or final plan approval, or both. Planning staff may also require such a plan to be included as part of the as-built plan.

If any, or all, of the open space will be owned in common by the residents of the conservation subdivision, the bylaws of the proposed homeowners' association and/or the recorded covenants, conditions and restrictions must specify maintenance responsibilities and tasks and be submitted to the Planning Board for review prior to final plan approval. See Subsection F above.

In instances where affordable housing as defined by Title 16 is required, and the affordable housing will be built, either on-site or off-site per § 16.5.4, the Planning Board may allow:

The homeowners' association (HOA) is responsible for the maintenance of open space(s) owned in common by the residents and other common facilities such as streets, stormwater management systems, and shared septic and water systems. Associations must maintain adequate funds to defray these expenses. The Planning Board shall require an initial capital fund for associations to be paid by the developer to cover these expenses.

Any additional plantings required by the Planning Board must be documented and provisions made in the HOA's documents to ensure that the plantings are maintained and replaced when necessary.

The Planning Board may require that a qualified independent party or steward be designated and contracted to oversee homeowners'-association-owned open space in instances where natural resources or historical, archeological or cultural features must be expertly observed and monitored. Such an arrangement must be approved by the Board and will be funded by the HOA in perpetuity or until a conservation or historic preservation entity holds a conservation or historic preservation easement for the open space or obtains the open space in fee. Any such transfer of responsibility from the HOA to another entity must be reviewed and approved by the Board as a major modification.

Stormwater. The stormwater management system must be maintained in accordance with § 16.8.10F, Post-construction stormwater management. As stated in Subsection A above, an initial capital fund will be provided by the developer to cover expenses, but the HOA will be responsible for maintaining adequate funding going forward.

Transition of responsibility. The developer is responsible for maintenance of all open space and all facilities until development, sufficient to support the HOA, has taken place. At minimum, 75% of the residences must be built and sold before any transfer of responsibility may occur. All HOA documentation must be distributed to the HOA prior to the issuance of the final occupancy permit so the transition of responsibilities is seamless.

Clearly define the limits of clearing and obtain sign-off from Code Enforcement per approved plan; and

Schedule a pre-construction meeting with the Town and file all required performance guarantees and inspection escrows in forms acceptable to the Town Manager in accordance with § 16.8.11F.