(A)   No conservation subdivision/land development project (CSD) shall be permitted in the town except in accordance with the standards and procedures as set forth in this subchapter and in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

   (B)   Where this subchapter is in conflict with other provisions of this chapter, the Middletown Rules and Regulations Regarding the Subdivision and Development of Land or other town regulations, this subchapter shall prevail.

(Ord. 08-05, passed 5-19-08)

   The purposes of conservation subdivision/land development project design are:

   (A)   To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;

   (B)   To preserve historical and archeological resources;

   (C)   To protect natural resources, including but not limited to those containing woodlands, unique vegetation, streams, floodplains, wetlands, recharge areas, agricultural lands, wellheads, and vernal pools, by setting them aside from development;

   (D)   To protect the value of real property;

   (E)   To promote more sensitive siting of buildings and roads, and better overall site planning;

   (F)   To provide a buffer between new development and existing streets, neighborhoods active farmland, and adjacent park or conservation land;

   (G)   To perpetuate the appearance of Middletown's traditional rural/agricultural landscape;

   (H)   To allow landowners a reasonable return on their investment while also reducing the infrastructure costs for development;

   (I)   To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

   (J)   To offer an alternative to conventional subdivision development;

   (K)   To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

   (L)   To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

   (M)   To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan.

(Ord. 08-05, passed 5-19-08)

   This subchapter shall apply to any project required to be developed as a CSD by the Planning Board under the provisions of § 602 and the Rules and Regulations Regarding the Subdivision and Development of Land, provided that conservation subdivision/land development projects involving less than three acres of land are not permitted. The process for review and approval of conservation subdivision/land development projects by the Planning Board is provided in the Rules and Regulations Regarding the Subdivision and Development of Land.

(Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)

   (A)   Open space. Agriculture, recreation, and other conservation uses are allowed within the designated open space in all CSD developments consistent with the provisions of § 1905.

   (C)   Commercial and industrial uses. Uses in the GB, LB, OB, LI, and OP districts shall be consistent with the provisions of § 602.

   (D)   Accessory uses.  Article 7 shall govern accessory uses.

(Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)

(Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4- 19)

   Open space shall be provided and administered in accordance with Section 514 of the Rules and Regulations Regarding the Subdivision of Land.

   (A)   The required open space shall be a separate and distinct lot(s) to which ownership shall be vested in a legally viable entity, which shall be responsible for the use and maintenance of the open space. Ownership of required open space shall be conveyed to one of the following:

      (1)   The town (if accepted for park, open space, agricultural, or other specified use or uses);

      (2)   A nonprofit organization, the principal purpose of which is the conservation of open space or resource protection;

      (3)   A corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development (if such a corporation or trust is used, ownership shall pass with conveyances of the lots or units); or

      (4)   Private ownership if the use is limited to agriculture, habitat or forestry, as the town has set forth in the comprehensive plan and zoning ordinance, and where private ownership is necessary for the preservation and management of the agricultural, habitat or forest resources.

   (B)   In any case where the open space is not conveyed to the town:

      (1)   A restriction, in perpetuity, enforceable by the town or by any owner of property in the conservation or other land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed except as allowed by this section; and

      (2)   The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.

      (3)   All open space land provided by a conservation development or other land development project shall be subject to a town-approved management plan that will specify the permitted uses for the open space.

   (C)    Amount required. Open space lots may consist of developable as well as unbuildable area such as wetlands; however, only the buildable area shall be counted towards the requirements of this section. The amount of developable land required to be preserved as open space shall comply with the following table.

 

 

   (D)   Use.

      (1)   Primary use of open space shall be limited to one or more of the following:

         (a)   Natural areas. Areas of significant or outstanding natural value, conservation areas, wildlife preserves, bird sanctuaries, or areas of scenic, historic or archaeological value;

         (b)   Open recreation uses of a non-commercial nature occupying no more then 50% of the required open space, including playfields and playgrounds, tennis or other outdoor court games, outdoor swimming pools, golf courses, parks, and beaches or swimming pools;

         (c)   Open agricultural uses such as raising of crops, orchards, nurseries, and tree farms, but excluding areas for buildings or structures associated with commercial farms, greenhouses, or other commercial uses;

         (e)   Landscaped areas such as lawns, fields, wooded areas, plantings, gardens or courtyards;

         (f)   Pedestrian facilities such as walks, footpaths or bridges incorporated into the overall open space plan.

      (2)   The following uses of open space may be permitted subject to the limitations provided:

         (a)   Underground utilities and/or drainage facilities such as stormwater retention or detention areas, provided that such facilities are incorporated into the open space landscaping and occupy no more than 20% of the required open space;

         (b)   Vehicular facilities such as driveways and parking areas as may be necessary to provide access to open recreational uses and consisting of no more than 10% of the required open space. Public streets or areas within a public street right-of-way shall not be allowed within the open space.

(Ord. 08-05, passed 5-19-08)

   The development must meet the area, setbacks and other dimensional requirements provided in § 604 or the commercial design requirements contained in Article 5 of the Rules and Regulations Regarding the Subdivision of Land, as applicable.

   Additional dimensional requirements for townhouse development as part of a CSD are provided in Article 15.

(Ord. 08-05, passed 5-19-08; Am. Ord. 2019-15, passed 11-4-19; Am. Ord. 2019-16, passed 11-4-19)