Open Space
Oldham
Ahead advocates the inclusion of an Open Space Policy Section within the updated
Comprehensive Plan that would include the concepts
below that have been adopted in other counties in several states:
- To encourage the permanent preservation of open space, agricultural and forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources.
-
To allow for greater flexibility and creativity in the design of
residential developments.
- To encourage the permanent preservation of open space, agricultural and forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources.
- To maintain the county’s traditional character and land use pattern in which small towns contrast with open land.
- To protect scenic vistas from the county’s roadways and other places.
- To facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.
- To protect existing and potential municipal water supplies.
- To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision.
- To minimize the total amount of disturbance on the site.
- To preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails.
- To encourage the provision of diverse housing opportunities and the integration of a variety of housing types.
Open
Space Plan Summary: The
objective of a Open Space Plan is to
protect
the County’s open space for its environmental, aesthetic, cultural,
agricultural/forestall and recreational value.
The purpose of the Open Space Plan is to guide efforts to plan for and
protect open space in the County in a comprehensive and integrated fashion.
Open space is important to protect and utilize for its environmental, aesthetic, cultural, agricultural/ forestal, and recreational value. Open space can be protected using appropriate voluntary, cooperative, public and private efforts, as well as regulatory measures.
Note:
The follow discussion of Open Space is included in the Loudoun County, Virginia
Draft Comprehensive Plan dated November 2000. Oldham Ahead believes
language to this effect would be beneficial in the Oldham County Plan:
Open
Space
Space that is
not used for buildings or structures defines open space in the broadest sense. It is the counterpart of development. It may be air, land, or water located in suburban
neighborhood or in the open countryside, remote from urban development. It may
be a pasture, forest, mountains, or be viewed from the Potomac River bluffs.
It may also be tree-lined streets or recreation areas in suburban
communities. Open space may be
owned publicly or privately; it may be owned in full or may be kept open only by
partial rights or easements. Its
uses include farming, forestry, recreation, water supply, tourism, or a view
enjoyed from a distance.
Open space will
affect the character of development and what is done with development will
likewise affect open spaces. Open
space must not be seen just as surplus land.
It is an essential element in determining the character and quality of
Oldham County.
Open Space Policies For Loudoun County:
1.
The County will prepare an open-space plan identifying desired locations
of future parks; desired locations of major buffers, trails, greenways and the
location of designated sensitive areas. This
plan, updated periodically, will be made a part of the Comprehensive Plan.
2.
The County will develop criteria for open-space dedications and will
expect all developers to dedicate land, or
provide fees in lieu, for general open space and/or parks. These criteria will be designed to mitigate the impacts of
their development and provide open space resources for the future users and
occupants of the development.
3.
The County’s open-space plan will designate a Countywide Greenways
system to serve as the linking element of the Green Infrastructure.
4.
The county will encourage land developers to dedicate needed public
lands.
5.
The County will develop a form of conservation easement to protect open
space areas in subdivisions and to ensure long-term maintenance and protection
of the area. Such easements will be
recorded as part of the subdivision process.
Open
Space Easement Program and Public Lands
Public
policies can promote the protection through
easement, purchase or donation of fee simple or development, rights, those
important open space lands which cannot be adequately protected through
regulation; identify open space areas suitable for public access or recreation;
promote the use of significant natural or man-made corridors as linear parks to
provide a unique recreational opportunity.
Voluntary donation of easements
is an excellent method of open space and natural resource protection. The
landowner who donates an easement permanently protects the land, while retaining
ownership and enjoyment of the property. In many cases an easement may provide
estate planning benefits. There is no public access to
Purchase of development rights (PDR) is similar in effect to a conservation easement except the development rights are purchased from willing landowners by a county or other entity. Resources are identified for protection based on the Comprehensive Plan. The success of a PDR program is limited by available funds, which may be obtained from various sources. The landowner retains ownership, and the property is protected in perpetuity. The County’s appointed PDR Committee has made recommendations regarding implementation of a PDR program.
In
some cases, fee simple purchase is a preferred alternative, when public
ownership and access is warranted, as in a public park.
Oldham Ahead believe the County should actively encourage and facilitate the donation of
voluntary easements consistent with the Open
Open Space Residential Development is a residential development in which the buildings are clustered together with reduced lot sizes and frontage. The land not included in the building lots is permanently preserved as open space.
Permissible Uses of Residential Development Open Space: Many communities have enacted policies where open space shall be used solely for recreation, conservation, agriculture or forestry purposes by residents and/or the public. Where appropriate, multiple use of open space is encouraged. At least half of the required open space may be required by the Planning and Zoning Commission to be left in a natural state. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas. The Planning and Zoning Commission shall have the authority to approve or disapprove particular uses proposed for the open space. Broad details of the policy are outlined below and should be codified by ordinance to support this plan.
Recreation Lands: Where appropriate to the topography and natural features of the site, many Planning and Zoning Commissions require that at least 10% of the open space or two acres (whichever is less) shall be of a shape, slope, location and condition to provide an informal field for group recreation or community gardens for the residents of the subdivision.
Leaching Facilities: Subject to the approval of the Board of Health, as otherwise required by law, community Planning and Zoning Commissions may permit a portion of the open space to be used for components of sewage disposal systems serving the subdivision, where the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or waterbodies, and enhances the site plan. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development.
Optional Incentive Provisions: The intent of most Comprehensive Plans is to foster a positive relationship between developers, citizens, and the County Government. The Residential Development Open Space policy, and resulting ordinances typically contain a number of optional provisions that may make open space residential development a more attractive alternative for the locality and/or applicant and includes density bonuses.
Example: The following language has been used to draft model ordinances and comprehensive plans to promote open space within a community:
The community Planning and Zoning Commission may approve density bonuses pursuant to one or both of the following provisions, provided, however, that in no case shall the density bonus permit greater than a 15% increase in the number of lots permitted in the subdivision.
a).
A density bonus may be permitted when the proposed subdivision provides on-site
or off-site affordable housing opportunities consistent with the
Comprehensive Plan and implementing ordinance. For each affordable
housing unit provided under this section, one additional building lot may be
permitted, up to a maximum 15% increase in number of building lots. Affordable
units shall be developed concurrently with the market rate units in the
subdivision.
