Article IX Open Space Zoning


Section 1. Purpose

The purposes of this Article are, within rural areas of Camden, to maintain the rural, natural, and scenic qualities of the Town; and, within developing areas, to provide for flexibility in the design of housing developments to allow for the creation of open space, recreational space, efficient use of the land, and opportunities for affordable housing.

Section 2. Applicability

(1) Rural-1, Rural-2, and Coastal Residential Districts

The provisions of this Article shall be mandatory for residential subdivisions in the Rural-1, Rural-2, and Coastal Residential Districts.

(2) Other Districts

In districts other than the Rural-1, Rural-2, and Coastal Residential Districts where residential development is allowed, the provisions of this Article shall be optional. In such districts, notwithstanding other provisions of this Ordinance, the Planning Board in reviewing and approving proposed residential subdivisions may modify provisions relating to space and bulk to permit innovative approaches to housing and environmental design in accordance with the standards of this Article. Such modifications of space and bulk provisions shall not be construed as granting variances to relieve hardship.

Section 3. General Standards

(1) Developments proposed under the terms of this Article shall meet all requirements of this Article, unless otherwise noted.

(2) The uses of the land shall not differ from the uses permitted in the district in which the development is located.

(3) Within the Rural-1 District:

(a) the total number of dwelling units shall not exceed one unit per 7 acres.

(b) each lot within the subdivision shall contain a minimum of 1 acre.

(c) lots and/or dwelling units shall be laid out so that, on average, they encompass (or, in the case of dwelling units not on individual lots, occupy) no more than two acres of buildable land per lot or dwelling unit, and so that at least 60% of the buildable land remains as open space outside of the lots and not otherwise assigned to individual dwelling units. "Buildable" land is all land except land within street rights-of-way, wetlands as defined in this Ordinance, 100-year flood plains, water bodies, or sustained slopes in excess of 20%.

(d) minimum road frontage shall be 75 feet. However, no individual lot or dwelling unit shall have its required frontage on a public road existing at the time of application for development or gain its access from such a road.

(e) no building or structure shall be located within 25 feet of any property line.

(f) neither shore frontage nor setbacks from the normal high water marks of water bodies shall be reduced below the minimum otherwise required in the district.

(g) dwelling units may be clustered within a single building or series of attached units. In these cases the provisions of this paragraph (3) shall apply, with the following exceptions and additions:

(i) the parcel of land proposed for development shall have a minimum of 150 feet of frontage;

(ii) the minimum distance between principal buildings on the same lot shall be equivalent to the height of the taller building;

(iii) no building shall contain more than six dwelling units and no more than an average of four units per building for the development as a whole; and attached dwellings shall include no more than six dwelling units in any single series, and no more than an average of four per series for the development as a whole.

(4) Within the Rural-2 District:

(a) the total number of dwelling units shall not exceed one unit per 4 acres.

(b) each lot within the subdivision shall contain a minimum of 30,000 square feet of land.

(c) lots and/or dwelling units shall be laid out so that, on average, they encompass (or, in the case of dwelling units not on individual lots, occupy) no more than one-and-a-half acres of buildable land per lot or dwelling unit, and so that at least 50% of the buildable land remains as open space outside of the lots and not otherwise assigned to individual dwelling units. "Buildable" land is all land except land within street rights-of-way, wetlands as defined in this Ordinance, 100-year flood plains, water bodies, or sustained slopes in excess of 20%.

(d) minimum road frontage shall be 50 feet. However, no individual lot or dwelling unit shall have its required frontage on a public road existing at the time of application for development or gain its access from such a road.

(e) no building or structure shall be located within 25 feet of any property line.

(f) neither shore frontage nor setbacks from the normal high water marks of water bodies shall be reduced below the minimum otherwise required in the district.

(g) dwelling units may be clustered within a single building or series of attached units. In these cases the provisions of this paragraph (4) shall apply, with the following exceptions and additions:

(i) the parcel of land proposed for development shall have a minimum of 150 feet of frontage;

(ii) the minimum distance between principal buildings on the same lot shall be equivalent to the height of the taller building;

(iii) no building shall contain more than six dwelling units and no more than an average of four units per building for the development as a whole; and attached dwellings shall include no more than six dwelling units in any single series, and no more than an average of four per series for the development as a whole.

(5) Within the Coastal Residential District:

(a) the total number of dwelling units shall not exceed one unit per 30,000 square feet if the property is served by public sewerage, or one unit per 60,000 square feet if the property is served by one on-site waste water disposal system.

(b) each lot within the subdivision shall contain a minimum of 10,000 square feet of land if served by public sewerage, or a minimum of 30,000 square feet if the property is served by on-site waste water disposal systems.

(c) lots and/or dwelling units shall be laid out so that, on average, they encompass (or, in the case of dwelling units not on individual lots, occupy) no more than one-and-a-half acres of buildable land per lot or dwelling unit, and so that at least 33% of the buildable land remains as open space outside of the lots and not otherwise assigned to individual dwelling units. "Buildable" land is all land except land within street rights-of-way, wetlands as defined in this Ordinance, 100-year flood plains, water bodies, or sustained slopes in excess of 20%.

(d) minimum road frontage shall be 50 feet. However, no individual lot or dwelling unit shall have its required frontage on a public road existing at the time of application for development or gain its access from such a road.

(e) no building or structure shall be located within 25 feet of any property line.

(f) neither shore frontage nor setbacks from the normal high water marks of water bodies shall be reduced below the minimum otherwise required in the district.

(g) dwelling units may be clustered in a single building or a series of single family attached units, in which case the provisions of this paragraph (5) shall apply, with the following exceptions and additions:

(i) the parcel of land proposed for development shall have a minimum of 150 feet of frontage;

(ii) the minimum distance between principal structures on the same lot shall be equivalent to the height of the taller structure;

(iii) attached dwellings shall include no more than six dwelling units in any single series, and no more than an average of four per series for the development as a whole.

(6) Within other districts where residential development is allowed, dwelling units may be clustered on individual lots, within a single building, or within a series of attached buildings.

(a) If the development is of individual lots for single family detached or two-family dwellings:

(i) lot size may be reduced to no less than 50% of that required by the district requirements, provided that any lot not served by a public sewer or other approved community sewage collection and treatment system shall contain at least 20,000 square feet;

(ii) each lot shall have at least 50 feet of frontage on an approved way, either existing or proposed;

(iii) front yard setbacks shall not be reduced by more than 50%;

(iv) side yard setbacks shall together contain a total of at least 20 feet;

(v) neither shore frontage nor setbacks from the normal high water marks of water bodies shall be reduced below the minimum otherwise required in the district.

(b) If the development does not include creation of individual lots for single family detached or two-family dwellings:

(i) the parcel of land proposed for development shall contain a minimum gross lot area of 100,000 square feet provided, however, that the minimum lot area per dwelling unit described in paragraph (6)(a)(i) above shall be met, and the parcel shall have a minimum of 150 feet of frontage on an approved way, existing or proposed;

(ii) no building or structure shall be located within 25 feet of any property line;

(iii) the minimum distance between principal buildings on the same lot shall be equivalent to the height of the taller structure;

(iv) no structure shall contain more than six dwelling units and no more than an average of four units per structure for the development as a whole; and attached dwellings shall include no more than six dwelling units in any single series, and no more than an average of four per series for the development as a whole;

(v) neither shore frontage nor setbacks from the normal high water marks of water bodies shall be reduced below the minimum otherwise required in the district.

Section 4. Design Standards

In addition to other standards of this zoning ordinance and of the Town's subdivision ordinance, individual building lots shall be laid out to achieve the following objectives (which are listed in order of priority as it is recognized that some may conflict with others on a given site):

(1) Within the Rural-1 and Rural-2 districts:

(a) where on-site wastewater disposal is to be used, on suitable soils for subsurface wastewater disposal;

(b) below elevation 500 feet;

(c) in a manner that maximizes as part of the required open space the amount of contiguous, usable area for agriculture or woodlot production;

(d) in a manner that maximizes as part of the required open space the amount of undisturbed, contiguous wildlife habitat, including but not limited to deer yards;

(e) in a manner that encourages buildings to be located within woodlands or along the edges of open fields adjacent to woodlands;

(f) in locations least likely to block or interrupt scenic vistas, as seen from the public roadway.

(2) Within the Coastal districts:

(a) where on-site wastewater disposal is to be used, on suitable soils for subsurface wastewater disposal;

(b) in a manner that preserves existing vegetation and other landscape features adjacent to public roadways;

(c) in a manner that preserves existing scenic vistas as seen from public roadways;

(d) in a manner that minimizes the length of roadways, public utility lines, and other infrastructure within the proposed development.

(3) Within other districts where residential development is allowed:

(a) where on-site wastewater disposal is to be used, on suitable soils for subsurface wastewater disposal;

(b) in a manner that minimizes the length of roadways, public utility lines, and other infrastructure within the proposed development;

(c) in a manner that maximizes as part of the required open space the amount of contiguous land suitable for recreational use;

(d) to provide planting, landscaping, fencing, and screening to buffer the development from, and integrate it with, the character of any surrounding development;

(e) in locations where buildings will not interfere with the solar access of other properties.

Section 5. Common Open Spaces

(1) The common open space created by the development shall be shown on the subdivision plan with the following notation on the face of the plan: "Common open space shall not be further divided or used for future building lots."

(2) The common open space shall be accessible to the residents of the development, either by locating lots in a manner that they abut the common open space, or via a roadway, right-of-way, easements, or a combination of these mechanisms.

(3) The common open space shall be used only for agriculture, woodlands, preserving the natural features of the site, or low-intensity recreation. Such uses shall not include rights-of-way (except easements for underground utilities), driveways, or parking areas, or tennis courts, swimming pools, or similar recreation development. Buildings related to allowed activities may be located in the common open space, provided that the footprints of such buildings shall not count toward the percentage of open space required by this Article.

(4) The formation and incorporation by the developer of a homeowner's association shall be accomplished prior to final subdivision approval. Covenants for mandatory membership in the association shall be approved by the Planning Board and included in the deed for each lot or unit or incorporated by reference from a master document recorded in the Knox County Registry of Deeds. The association's documents shall specify that:

(a) The association shall have the responsibility of maintaining the common open spaces and other private facilities dedicated to the use in common by the development's residents.

(b) The association shall levy annual charges against all property owners to defray the expenses, if any, connected with maintenance of the common open spaces and facilities.

(c) The developer shall maintain control of common open spaces and facilities and be responsible for their maintenance until at least 51% of the development's lots or units have been completed and sold, with evidence of such completion and sales submitted to and approved by the Planning Board.