The regulations established in this article are to encourage the preservation of open spaces to be used for agricultural, forestal, and recreational uses, by permitting the clustering of smaller parcels within a subdivision so as to preserve larger lots, open spaces and environmental features within that subdivision. These regulations are consistent with § 15.2-2286.1 of the Code of Virginia, as amended.

Objectives:

An open space development shall be designed at an overall average density of not greater than the minimum lot size for regular single-family lots within the district for the R-1, R-2, R-3, RRC and RRA Districts, and not greater than the average density permitted for regular single-family lots for the A-1 and R-4 Districts, and as otherwise provided for in § 165-11C of this chapter for the C-1 District.

No structures on lots in an open space development shall be located within any area containing one-hundred-year floodplain, wetlands, stream buffers, sink holes, mountain ridge lines, steep slopes, or historic areas named on the official DHR register. The Administrator shall evaluate information provided by the applicant, and other sources of information pertaining to the property and surrounding areas. In order to facilitate such evaluation, the applicant shall show the location of a building envelope on each lot.

Lot, frontage and yard requirements.

Each grouping of cluster lots must contain at least five but not more than 10 contiguous cluster lots, except for sites in which the total number of permitted cluster lots is less than five, in which case they must be contiguous. Each cluster must be separated from any other cluster by at least 375 feet.

A minimum percentage of each open space development shall be preserved in open space or conservation lots as shown in the following table:

Open space and conservation lots shall be used only for the following purposes:

Except for conservation lots in the C-1 and A-1 Districts, all open space within a development shall be contiguous. When open space is already designated on neighboring properties, all new open space shall be designed to be linked together with neighboring properties whenever feasible. The open space shall be arranged and designed to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open development plan approval or to require modifications that may include the loss of lots.

In C-1, RRC, A-1 and RRA, a perpetual conservation easement acceptable to and approved by the County shall be recorded on all open space and conservation lots at the time of final plat approval. Such easement must ensure the use remains as open space in perpetuity and is not further subdivided or developed in excess of what is permitted by the provisions of this article, nor is used for purposes other than those provided in § 165-73B.

In all zoning districts, the open space may remain in private ownership if the provisions of this ordinance are met. If the open space remains in private ownership and it contains an existing single-family dwelling, that single-family dwelling may be continued, improved, expanded, and repaired as necessary.

No conservation lot may have a length/width ratio exceeding 6 to 1.

Except for conservation lots, no new lots created under the open space development regulations shall be accessed by an existing street, except that up to two cluster lots may access and front an existing public street.

All lots other than conservation lots shall be accessed by new streets meeting the provisions of § 142-20 of the Code of Shenandoah, except that in the C-1 and A-1 Districts, new streets may be public or may be private; if private streets are created serving more than two lots, they must meet the provisions of § 142-20I(2)(c), and the open space cluster development must have a property owners' association, established in accord with Chapter 142, Article VIII.

All new residential structures shall be located at least 100 feet from any street in existence at the time of subdivision. An opaque screen buffer, as defined in § 165-4, shall be installed and maintained along all preexisting streets on residential lots in an open space development. The Subdivision Administrator may waive this requirement if the existing tree cover is found to adequately screen new houses from existing streets and if the trees in that area are preserved in an easement.

Where an open space development is to be located adjacent to land zoned or currently used for industrial or business uses, the required open space shall be located to buffer the residential lots from those properties.

Where an open space development is to be located adjacent to land in an Agriculture and Forest District or land used for intensive poultry or hog facilities, the required open space shall be located to buffer the residential lots from those uses.

Open space developments shall be reviewed administratively by staff. In determining whether or not to grant approval, the applicant shall be required to show that the requirements of this chapter and of Chapter 142 are met.

For open space development subdivisions, a preliminary plat, meeting the requirements of Chapter 142, § 142-45A(1) through (16), shall be submitted to the Administrator. In addition to the requirements of § 142-45A(1) through (16), mountain ridge lines and areas of environmental/historical value, as described in § 165-69B, shall be shown on the preliminary plat and preserved as open space or conservation lots. Where an open space development is to be developed in phases, a preliminary plat shall be submitted for the development of the entire site with a phasing plan. This general preliminary plat shall not bind the county into approving further phases if the Code of Shenandoah is amended to disallow such use approved in the preliminary plat.

Once a preliminary plat, is approved, a final plat, meeting the requirements of Chapter 142, § 142-48B(1) through (7), shall be submitted to the Administrator. In addition, final plats recorded for an open space development shall bear a statement indicating that the land is within an approved open space development subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association, which shall also be recorded at the time final plats are recorded. The easement preserving the open space, restrictive covenants spelling out the maintenance of the open space, articles of incorporation for the property owners' association, and any bonding necessary for improvements shall be reviewed by the County Attorney. The Administrator shall approve or deny the final plat based on compliance with all applicable codes.

Bioretention areas.

Green roofs and rooftop gardens.

Vegetated swales, buffers, and strips; tree preservation.

Rain barrels and cisterns.

Permeable pavement.

Soil amendments.

Impervious surface reduction.