The open space standards contained herein are established to provide for the reservation of various forms of open spaces, including parks and greenways in all forms of developments located in the Town of Pine Knoll Shores territorial jurisdiction.

Preservation of open space in developing areas serves a variety of purposes, including meeting the recreational needs of residents, improving the aesthetic character of the community, reducing stormwater runoff, improving stormwater runoff water quality, and enhancing air quality. The standards set forth below establish regulations for open space.

Although open space can be natural in character, suburban open space is typically planned and developed as part of a development. The following standards are hereby established for open space.

Open space shall be provided in accordance with the following table 21.1 for:

(A)

New residential development containing eight or more units,

(B)

Redevelopment or additional development that adds eight or more residential units,

(C)

Initial non-residential or mixed use development greater than 0.6 acres, and

(D)

Redevelopment or additional development that adds 25 percent more non-residential or mixed use floor area on a site that exceeds 0.6 acres within any 36-consecutive month period.

TABLE 21.1

Regardless of the requirements and exemptions of this subsection, any portion of the site of the proposed development that is designated as future open space or greenway in the Plan referenced in Article 1 of this Ordinance, adopted by the Town of Pine Knoll Shores, as amended from time to time, shall be reserved for open space. This area may be counted toward the total amount of open space required for the development.

If the total amount of land designated as future open space or greenway is less than the total amount of open space required for the development by Table 21.1, then the developer shall provide additional open space to meet the requirement of Table 21.1. If the amount of land designated as future open space or greenway exceeds the total amount of open space required by Table 21.1, then the developer must provide the open space designated in the official adopted plan.

As compensation for any open space dedication associated with implementing any official adopted plan above that requirement listed in Table 21.1, the developer is eligible for a density bonus of one dwelling unit per each 4,356 square feet of land area in excess of that required in Table 21.1 or 500 square feet of non-residential gross floor area per each 2,178 square feet of land area in excess of that required in Table 21.1, up to a maximum of a fifteen (15%) percent increase above the maximum density or intensity allowed in the applicable zoning district. The density bonus in the proposed development is limited to additional yield that can be configured with less than a ten (10%) percent reduction in lot area and/or setback dimensions specified in Article 8.

Individual areas designated as open space areas shall not contain less than 500 square feet, although smaller areas may be approved by the Planning, Zoning & Subdivision Administrator if the intent of this Ordinance is determined to be met through the provision of bus/transit stops and/or mail kiosk.

Except for Natural Open Space, open space shall be planned and improved, accessible and usable by persons living nearby. Improved shall mean clearing of underbrush and debris and shall contain four or more of the following improvements: landscaping, walls/fences, walks, statues, fountains, demarked ball fields, and/or playground equipment.

Open space shall be integrated into the design of the site. In subdivisions where 50 percent or more of the lots are less than 0.75 acre in size, open space shall be located within ¼ mile of at least 90 percent of the building lots, as measured along the rights-of-way of streets providing access between the two. In subdivisions where 50 percent or more of the lots are 0.75 acre or more in size, open space shall be located within ½ mile of at least 90 percent of the building lots, as measured along the rights-of-way of streets providing access between the two.

Open space features shall provide focal points for the neighborhood. A central square or green, for example, may comprise a majority of the open space.

There shall be a variety of features provided in accessible open space within new neighborhoods so that open space serves the needs of multiple age groups.

Open space types include Squares, Parks, Forecourts, Plazas, Greenways, and Natural Open Space. Standards for these open space types are set forth below:

(A)

Squares: Areas for passive recreational use.

(B)

Park: Areas for passive or active recreational use.

(C)

Forecourt: Open Spaces that act as buffers between residential buildings and streets or non-residential buildings. Forecourts are entirely bounded by buildings or streets. Forecourts shall be planted parallel to street rights-of-way.

(D)

Plaza: Open area adjacent to a civic or commercial building. Plazas shall be planted with deciduous trees to provide shade in the summer.

(E)

Greenway: Spaces designed to incorporate natural settings such as creeks and significant stands of trees within a neighborhood.

(F)

Natural Open Space preserves natural lands, environmentally sensitive areas such as stream buffers and floodplains, scenic views, cultural features, and maritime forest character that would likely be lost through conventional development approaches. To accomplish this goal, the Town of Pine Knoll Shores encourages creativity and allows for greater flexibility in the design of developments. Natural Open Space shall be placed in preserves, which adjoin housing areas.

Open space may be owned or administered by one or a combination of the following methods: fee simple ownership by a unit of government or private non-profit land conservancy; owned by a property association; or by individual private ownership such as a farmer, developer or other private entity that perpetually maintains the Common Open Space.

All lands within areas required to be maintained as open space shall be protected by a permanent conservation easement, prohibiting further development beyond improvements approved for the land, and setting other standards safeguarding the site's special resources from negative changes.

Public use of the open space may be limited to residents of the development, except for land used for public sidewalks and multi-use trails, provided that such open space is held in private or property association ownership.

The owner or lessee of the property designated as the open space shall be responsible for the maintenance of the open space area. Landscaped areas shall be maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a violation of this or other applicable ordinances. Alternatively, if acceptable to the Town Board of Commissioners, as applicable, the land may be dedicated to the Town for public use and thereafter maintained by the Town.

The classes of land enumerated below may be utilized to meet the requirements of this section.

(A)

Open water, wetlands, utility easements, and undisturbed floodplains shall be designated Open Space and may account for up to 80 percent of the area requirement in subsection 21.2-1 of this Article.

(B)

Land used for landscape buffers, public sidewalks in excess of standard sidewalk requirements, streetscape and hardscape areas accessible to the public including sidewalk cafe areas, areas containing public art, and similar high density area open space amenities.

(C)

Land on which locally or nationally designated historic structures are located and determined to be contributing to the designation.

(D)

Land which exceeds eighteen (18%) percent slope may be used to provide up to 70 percent of the required open space if existing slopes and vegetation so designated remain undisturbed.

(E)

Area(s) used for stormwater retention:

(1)

Land, provided such land is natural in appearance and is not separately fenced, may be used for up to thirty-two (32) percent of the required open space.

(2)

Land that is developed uses best management practices (e.g., constructed wetlands, rain gardens, green roofs or similar features), and either exceeds the required amount of retention or treats off-site stormwater may be used for up to eighty (80%) percent of the required open space at the discretion of the Planning Administrator after consultation with the Town.

(3)

Green roofs are eligible to be counted as open space under this provision on a 2:1 ratio (two square feet of green roof = one square foot of conventional open space).

(F)

Land available to residents or tenants for active or passive recreation, including parks, walking trails not used to meet sidewalk requirements, playgrounds, benches, picnic tables, and similar land uses or facilities. Playgrounds and athletic fields installed shall be counted at a 2:1 ratio (two acres of unimproved land = one-acre playground and/or athletic field) for calculation compliance provided all improvements are installed.

(G)

Land that is suitable for development, land that has environmentally sensitive areas (ex. mature trees), or land that has cultural significance (ex. important view such as an entrance into Town).

The classes of land enumerated below shall not be utilized to meet the requirements of this section:

(A)

Land that is contaminated with hazardous or toxic waste or materials as defined by state or Federal regulations, except for land covered by an approved mitigation plan and deemed acceptable by the Town Board of Commissioners or land that is designated in an officially adopted Open Space, Park or Greenway master plan.

(B)

Playgrounds and athletic fields that have not been maintained to adequate standards for safe and sanitary use.

For open space and/or park requirements of 500 square feet or less in area and not involving property designated as a greenway on any official plan adopted by the Town of Pine Knoll Shores, a property owner may elect to pay a fee in-lieu of open space instead of providing the open space provided that the Planning Administrator deems that there is reasonable existing or future open space proximate to the subject parcel. For other required open space areas, a property owner may pay a fee in-lieu of open space designation for all or a portion of the open space requirement if such fee in-lieu is acceptable to the Town Board of Commissioners. For developments and subdivisions containing more than 30 residential units, the fee in-lieu option may only be used for up to 50 percent of the open space requirements in order to ensure that these larger projects provide on-site open space for their residents.

This fee shall be calculated by using the pro rata value of the designated property relative to the value of the entire site to be developed using current property tax appraisal data. Funds collected in this manner shall be maintained in a separate fund and shall be used to purchase or to enhance recreational use of property provided such features are reasonably proximate to the site(s) from which the funds are collected. Where practical, the collected fees for each project shall be designated for specific parks and recreation acquisitions and/or enhancements by the Town.

In lieu of completion of construction of the required improvements prior to final occupancy approval, the property owner may provide a performance guarantee in accordance with Article 16.