The purpose of the planned open space development district established by this article is to encourage a more efficient use of land and public services by allowing a more flexible means of development than is otherwise possible under typical lot-by-lot subdivision and zoning ordinance restrictions. Further, the district provides opportunities for development which reduces land consumption, reduces the amount of land devoted to streets and other impervious surfaces, provides and requires increased amounts of open space and recreational amenities, and encourages innovation in design, all of which could serve to enhance the quality of life of the citizens of the city. The planned development district provides both design and use flexibility.

(Ord. No. 1149, § 1(8.1-1), 9-23-2002; Ord. No. 1482, § 1, 2-10-2014)

(a)

Statement of intent. The POSC district is established to encourage innovative and creative design and to facilitate use of the most advantageous construction techniques in the development of land for a variety of compatible land uses. Specifically, the district is intended to:

(1)

Ensure ample provision and efficient use of open space;

(2)

Promote high standards in the layout, design and construction of development; and

(3)

Promote development of superior projects and the preservation of tidal and non-tidal wetlands.

(b)

Application of district designation. A POSC district shall overlay the R-S, R-1 and R-2 districts of the city and shall provide for planned open space developments, subject to being established in accordance with the procedures set forth in this section and approved by the city manager.

(c)

Permitted land uses. All planned open space developments in the POSC district shall be substantially in accordance with the land use designation and densities cited in the comprehensive plan and zoning ordinance underlay district. Subject to specific authorization by the zoning administrator, the following land uses shall be permitted:

(1)

Dwellings: single-family, detached.

(2)

Public and semipublic: schools, parks, playgrounds, golf courses, swimming pools, tennis courts, recreational marinas and community centers.

(3)

Uses and structures which are customarily accessory and clearly incidental and subordinate to any of the uses permitted above.

(4)

Public and private utilities, including stormwater management facilities, to serve the development.

(d)

General dimensional, density and design requirements.

(1)

All development within the POSC district shall be served by public water and public sewer systems.

(2)

The minimum area of any tract, or combination of contiguous tracts, of land proposed for POSC development shall be five acres.

(3)

The maximum development density for a POSC district shall be generally in accordance with the adopted comprehensive plan for the underlying district in which the proposed development is to be located; however, no single development shall yield more than 2.5 dwelling units per allowable acre.

(4)

For the purpose of this article, delineated and declared nontidal wetlands may be utilized in meeting the net lot density requirements of the underlay district. Such wetlands, when used to satisfy density requirements, shall be incorporated into the open space and shall be protected from disturbance by an approved conservation easement instrument and recorded with the approved recordation plat. One hundred percent of the nontidal wetlands may be used in meeting lot yield requirements. Tidal wetlands may not be used to satisfy lot density requirements.

(5)

Identified resource protection areas may not be included in individual building lot area.

(e)

Building setback and size requirements.

(1)

Principal structures shall be located no closer than ten feet to any side property line. All accessory buildings shall be located as required in article 1, section 1-23 of the zoning ordinance.

(2)

The minimum building setback line between any principal or accessory building and any public or private street right-of-way shall be no less than 20 feet. A minimum boundary buffer of 100 feet shall be required from any nonresidential district and 40 feet from an existing residential district.

(3)

The maximum height and minimum floor area for dwellings shall reflect the requirements of the underlay district.

(f)

Open space and recreation area requirements.

(1)

A minimum of 50 percent of the gross land area must be devoted to open space. Land designated as a resource protection area may be used to achieve open space calculation.

(2)

Unless specifically exempted by the zoning administrator, open areas shall be provided in accordance with the following standards and such others as the zoning administrator deems appropriate:

a.

The reserved open space area shall be an easily accessible parcel and be suitable to accommodate a combination of active and passive recreational activities appropriate for the residents of the development.

b.

Recreation areas shall be easily and safely accessible by pedestrians and bicyclists from all areas of the development to be served, shall have good ingress and egress, including separate pedestrian and bicycle accommodations, and shall have adequate access to a private or public street; however, no street shall traverse the recreation area.

c.

The reserved open space area shall be located so that essential utilities including water, public sewage, and power will be easily accessible to serve planned and potential future recreational facilities.

(g)

Zoning administrator to make appropriate modifications to requirement for recreational space. The zoning administrator may modify the requirement for recreational space in any manner deemed appropriate or necessary for the purpose of ensuring that adequate recreation facilities are available to serve the development given its size, scale, and market orientation.

(h)

Special design requirements.

(1)

Planned open space developments proposed to contain ten lots or less may utilize private streets. Developments in excess of ten lots shall be served by standard public streets.

(2)

To the extent that streets are private rather than public, the developer shall submit assurances satisfactory to the zoning administrator that a properly constituted property owners association will be responsible for the development and perpetual maintenance of such streets and all other common facilities.

(3)

Private and public streets shall be designed and constructed in accordance with the requirements prescribed in this article, the subdivision ordinance and the site plan ordinance as appropriate.

(4)

The zoning administrator may impose such other conditions as deemed necessary on any development proposed under the terms of this section in recognition of any unique circumstances surrounding the particular proposal or the area in which it is proposed, and in order to ensure the protection of the health, safety, and general welfare of the public and the preservation of property values.

(Ord. No. 1149, § 1(8.1-2), 9-23-2002; Ord. No. 1219, § 1, 8-27-2005; Ord. No. 1413, § 1, 2-27-2012; Ord. No. 1482, § 1, 2-10-2014)

(a)

Phase I Pre-Development Conferences,Preparation. Before the preparation of a preliminary plan for a subdivision, the developer shall confer with the zoning administrator and such other agencies or departments as the zoning administrator may deem advisable relative to the terms of this article, the zoning ordinance, the comprehensive plan, and other pertinent ordinances and regulations. The purpose of such a preapplication conference is to assist the developer in gaining a thorough understanding of the requirements applicable to the particular property.

(1)

For the purposes of this conference, the developer shall prepare and submit a sketch plan of the proposed subdivision for informal review and comment by the zoning administrator and such other agencies or departments as the zoning administrator may deem advisable.

(2)

The sketch plan shall be no less than a pencil sketch on a one-inch = 100-foot scale topographic map of the property and shall show the general location, arrangement, and dimensions of lots, streets, and other proposed improvements. The location, if any, of Chesapeake Bay Preservation areas and wetlands shall be noted on the sketch.

(3)

Sketch plans submitted for this conference and reviewed by the zoning administrator shall be nonbinding on both the developer and the city.

(4)

There shall be no fee for the review of a sketch plan, and the zoning administrator, if so requested by the developer, shall provide written comments to the developer within 30 days of the submission of a sketch plan.

(b)

Phase II Preliminary Plan. Any person desiring to develop land in accordance with this article shall prepare and submit ten copies of a preliminary plan to the zoning administrator together with a completed application and a fee of $450.00 plus $40.00 per unit.

(1)

Initial review by zoning administrator. Upon the submission of a preliminary plan together with a completed application and the appropriate fee, the administrator shall, within five working days, review the plan to ensure compliance with all submission requirements established by this article. In the event the zoning administrator determines that all applicable submission requirements have not been met, the plans and application shall be returned to the developer with a written notice stating the specific deficiencies, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit compliance with all submission requirements.

(2)

Review process. Upon determining that all submittal requirements have been met, the zoning administrator shall coordinate a review process to determine conformity of the proposal with all applicable requirements of this article and other applicable ordinances, requirements, and regulations. Concurrently the zoning administrator shall notify all adjacent and abutting property owners.

a.

The zoning administrator may transmit copies of the preliminary plan to those city departments, state and/or federal agencies deemed appropriate for their review and comment.

b.

After receiving the comments of all reviewing departments or agencies, or within 90 days of submission of the preliminary plan by a developer, whichever shall occur first, the zoning administrator shall consolidate all of the comments and provide a written response to the developer.

c.

The zoning administrator's written response to the developer shall include notification of approval, disapproval or approval with conditions. Such response shall state any actions, changes, conditions, or additional information that is required to secure final approval of the preliminary plan and, if disapproved, the reasons for such action with specific reference to an adopted ordinance, regulation or policy.

d.

Where the zoning administrator has required that revisions or other actions, changes, conditions, or additional information be incorporated into the preliminary plan prior to approval, the developer shall resubmit, without additional fee, ten copies of the revised plan together with the original or a copy of any marked plans returned to the developer by the zoning administrator. In addition, a narrative description shall be submitted of how each of the actions, changes, conditions or additional information required has been addressed on the revised plan. The revised plan shall then be reviewed in the same manner and within the same time elements as was the original preliminary plan.

(3)

Effect of approval.

a.

Approval of the preliminary plan shall not constitute a guarantee of approval of either the development plan or the final plat.

b.

Approval of the preliminary plan shall constitute authorization for the developer to proceed with the preparation of development plans in accordance with the provisions of this article and the layout and design depicted on the approved preliminary plan.

(4)

Term of validity. The developer shall have one year from the date of official notification of approval of the preliminary plan in which to file a development plan meeting all of the submittal requirements established in this article for the subdivision or section thereof. Failure to do so shall make the preliminary plan approval null and void. The zoning administrator may, on written request of the developer, grant one six-month extension of preliminary plan approval.

(c)

Phase III Development Plan. The developer shall, after receiving approval of the preliminary plan, submit ten copies of a development plan for the subdivision or section thereof prepared in accordance with this article, to the zoning administrator together with the appropriate application and a development review fee of $500.00.

(1)

Initial review by zoning administrator. Upon the submission of a development plan, together with a completed application and the appropriate fee, the zoning administrator shall, within five working days, review the plan to ensure compliance with all submission requirements established by this article, the subdivision ordinance and site plan ordinance as appropriate. In the event the zoning administrator determines that all applicable submission requirements have not been met, the plans and application shall be returned to the developer with a written notice stating the specific deficiencies, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit compliance with all submission requirements.

(2)

Review process. Upon determining that all submittal requirements have been met, the zoning administrator shall coordinate a review process to determine conformity of the proposed design elements and physical improvements with all applicable requirements of this article and all other applicable ordinances, requirements, and regulations.

a.

The zoning administrator may transmit copies of the development plan to those city departments, state and/or federal agencies deemed appropriate for their review.

b.

After receiving the comments of all reviewing departments or agencies, or within 90 days of submission of the development plan by a developer, whichever shall occur first, the zoning administrator shall consolidate all of the comments and provide a written response to the developer.

c.

The zoning administrator's written response to the developer shall include notification of approval or disapproval or approval with conditions. Such response shall state any actions, changes, conditions, or additional information which shall be required to secure final approval of the development plan and, if disapproved, the reasons for such action with specific reference to an adopted ordinance, regulation or policy, and an identification of such modifications or corrections as will permit approval of the plan.

d.

Where the zoning administrator has required that revisions or other actions, changes, conditions, or additional information be incorporated into the development plan prior to approval, the developer shall resubmit, without additional fee, ten copies of the revised plan together with the original or a copy of any marked plans returned to the developer by the zoning administrator. In addition, a narrative description shall be submitted regarding each of the actions, changes, conditions or additional information required which has been addressed on the revised plan. The revised plan shall then be reviewed in the same manner and within the same time elements, as was the original development plan.

(3)

Effect of approval.

a.

Approval of the development plan by the city manager shall constitute authorization for the developer to proceed with the preparation of final plats for those sections of the subdivision contained in the approved development plan in accordance with the provisions of article V of the subdivision ordinance.

b.

Approval of the development plan by the city manager shall, upon issuance of all necessary permits including, but not limited to, land disturbing permits and utility certificates to construct, constitute authority to commence development and construction activities which are in accordance with the approved development plan but only within such section or sections which have received approval. Nothing in this provision, however, shall be interpreted to authorize the construction of any structure on any proposed lot other than such structures which are appurtenant to utility installations.

(4)

Term of validity. The developer shall have one year from the date of official notification of approval of the development plan within which to file a final plat for those sections contained in said plan meeting all of the submittal requirements established in this article. Failure to do so shall cause the development plan approval to become null and void. The zoning administrator may, on written request of the developer, grant one one-year extension of development plan approval.

(Ord. No. 1149, § 1(8.1-3), 9-23-2002; Ord. No. 1482, § 1, 2-10-2014)