Town of Milford: Open Space Preservation Design

SECTION 6.040 OPEN SPACE AND CONSERVATION ZONING DISTRICT Revised 2004

6.041 PURPOSE

To create permanently protected Open Space without decreasing the allowable density of the site;
To promote the preservation of and to minimize the negative impact on environmental resources, including but not limited to: streams, ponds, floodplains, wetlands, steep slopes, scenic views, open fields, farmland, wildlife habitat, habitat of rare and endangered species, and historic sites and features;
To enhance the quality of life with the provision of space for walking, passive recreation, and aesthetic enjoyment;
To provide for low impact active recreational opportunities, where appropriate. Low impact, for the purpose of this ordinance, shall preclude formal recreation fields or structures intended for year round use;
To provide greater flexibility and efficiency in the siting and design of roads and services;
To discourage sprawling, land-consuming forms of development.

6.042 GENERAL REGULATIONS

Any plan submitted under the Open Space and Conservation Zoning District section of the Town of Milford's Zoning Ordinance (hereinafter Open Space Preservation Design or OSPD) shall mean a development in which the provisions of this Section are met.
All Open Space shall be dedicated as permanently preserved from future development.
The overall density shall not exceed that which would be allowed in the underlying district
Open Space set asides are ineligible as contributing land area in any subsequent development.
Permitted uses are the same as those allowed in the underlying district.

6.043 LOCATION AND SCOPE OF AUTHORITY

The Open Space and Conservation Zoning District is an overlay district which imposes additional requirements and restrictions to those of the underlying base district established under the powers granted under NH RSA 674:21. In cases of conflict between the requirements of this district and the requirements presented elsewhere in the Town of Milford's Zoning Ordinance, the provisions of this District shall apply.
All subdivisions of land into five (5) or more residential lots, or developments of five (5) or more dwelling units, must incorporate the criteria in OSPD, except as set forth below. The Planning Board will examine the subdivision proposal using the list of resources desirable for preservation (see Open Space Design 6.044:D.1) to ensure that the proposed open space is consistent with the criteria set forth and the purpose of the District. At the discretion of the Planning Board, and if the proposed development does not meet the criteria, the development may be required to incorporate the criteria of a conventional subdivision as permitted by the underlying zoning district.
Properties with subdivision proposals of four (4) or fewer residential lots or for development of four (4) or fewer dwelling units, will be examined by the Planning Board using the list of resources desirable for preservation (see Open Space Design 6.044:D.1). At the discretion of the Planning Board, these developments may be required to incorporate the criteria in OSPD.
Developments of four (4) or fewer lots, or four (4) or fewer dwelling units, that have not been identified by the Planning Board as needing to comply with OSPD, are exempt from the OSPD requirement, provided there is no potential for further subdivision or development of any lots or dwelling units therein or of the parcel from which the four (4) or fewer lots or dwelling units have been subdivided.
Residential subdivisions of land in any District, where each lot is at least 5 times the size required in the underlying district, shall be exempt from OSPD requirements, provided the deed and the subdivision plan for each lot(s) contains a restriction prohibiting the further subdivision of the lot(s).
When a subdivision or development is proposed which includes a lot(s) which may be capable of further subdivision or development, the Planning Board may require that a conceptual, long range plan for the entire parent parcel be presented so that the Board may consider the entirety of a parcel and its impacts. This long-range plan is non-binding. Any future development of the lot or lots will be reviewed by the Planning Board with reference to this long-range plan.

6.044 OPEN SPACE DESIGN

Every OSPD shall avoid or minimize adverse impacts on the town's natural, cultural and historic resources by incorporating permanently protected Open Space into the design.
The Minimum Required Open Space for all OSPD's is thirty (30) percent of the gross tract area.
Of the minimum required Open Space one-hundred (100) percent must consist of non-wetland soils and soils with slopes less than twenty-five (25) percent. Open Space dedicated in excess of the minimum required area may contain any percentage of wetland soils or steep slopes. If the OSPD is an Elderly, Retirement, and Assisted Living Development, as defined in Section 7.070 of the Zoning Ordinance, the green space requirements of Section 7.074.E shall apply.
Design Standards:
1. List of Resources to Consider for Preservation:
  1. Open water, waterways, stream channels, floodplains and very poorly drained soils, including adjacent buffer areas as defined in 6.020 Wetland Protection District;
  2. The habitat of species listed as endangered, threatened, or of special concern by the NH Natural Heritage Inventory and/or by the NH Fish & Game Department's Non-game & Endangered Wildlife Program;
  3. Moderate slopes, fifteen to twenty-five (15-25) percent, and steep slopes, greater than twenty-five (25) percent, particularly those adjoining water courses and ponds.
  4. Prime (Federal designation) and Important (State designation) Agricultural Soils, as shown on the Agricultural Soils Map in the current Milford Conservation Plan;
  5. Historic sites and features;
  6. Existing or planned trails connecting the tract to other locations, including, but not limited to, the trails on the Town Wide Trails Map maintained by the Milford Conservation Commission of formal and informal trails;
  7. Other space or resources as required by the Planning Board for recreational use consistent with Section 6.041.
2. Design and Use considerations for preserved Open Space:
  1. The preserved open space shall include as many of the resources listed in Section 6.044.D.1 (Resources to Consider for Preservation) as practical;
  2. The preserved open space shall be free of all structures except historic sites, features, and structures related to permitted open space uses;
  3. Subsurface disposal systems may not be placed in the preserved open space;
  4. Water supplies may be placed in the preserved open space;
  5. Stormwater management systems may, at the discretion of the Planning Board, be placed in the preserved open space;
  6. Preserved open space shall, unless privately owned, be accessible to the lots or units within the development, and to the general public if publicly owned;
  7. Narrow open space strips shall not be permitted unless the incorporation of the open space strips provides a logical and practical link to, or expansion of, either existing or known planned adjacent preserved open space;
  8. Preserved open spaces shall be interconnected wherever possible to provide a continuous network of open space lands within and adjoining the development;
  9. Public access, regardless of ownership, shall be provided to trails if they are linked to other publicly accessible pathway systems.
Protection and Ownership:
1. All Open Space shall be permanently protected by a conservation easement or by covenants and restrictions in perpetuity, approved by the Planning Board after review by the Conservation Commission. The Planning Board may require further legal review of any documents submitted, the cost of which shall be borne by the applicant. Ownership of the Open Space may be held by:
  1. A homeowners association or other legal entity under New Hampshire State Statutes, or
  2. Private ownership, protected by a conservation easement and limited to not-for-profit parks, and not-for-profit recreation areas or commercial agriculture and forestry; or
  3. A non-profit organization, the principal purpose of which is the conservation of Open Space; or
  4. The Town of Milford, through the deeding process, subject to approval of the Planning Board and Board of Selectmen, with a trust clause insuring that it be maintained as Open Space in perpetuity.
2. Open space ownership shall be at the discretion of the Board of Selectmen, in consultation with the Planning Board, Conservation Commission and other Town Boards and Departments as deemed necessary. The Planning Board will be responsible to provide a recommendation on ownership of the preserved open space to the Board of Selectmen for its consideration and acceptance.

6.045 DENSITY AND DIMENSIONAL STANDARDS

Density:
1. The density of the proposed development shall be equal to or less than the density allowed in a conventional development;
2. The maximum density of the proposed development shall be established by a preliminary plan showing the number of lots or units which could be constructed in a conventional subdivision without any special exceptions and/or waivers for lot frontage, area, road and driveway grades, dead-end road length, and soil types suitable for subsurface disposal systems (if used).
Dimensional Standards:
1. Lot size, frontage, and setbacks will be project specific and are subject to the approval of the Planning Board. Individual lot size, frontage, building envelopes, and setbacks shall be tabulated on the plan. At its discretion, the Planning Board may waive Sections 6.045.B.2, 3,and 4 relative to frontage and setback requirements.
2. The minimum lot frontage shall be fifty (50) feet.
3. The minimum lot width with the building envelope shall be seventy-five (75) feet. For the purpose of this section of the Zoning Ordinance, the building envelope shall be defined as the building area to fifteen (15) feet outside of the proposed building footprint, including attached walkways, porches, decks, retaining walls, and other such appurtenances that are necessary or desired for construction of the building.
4. The building shall be setback at least thirty (30) feet from the front and rear property lines. The building shall be at least fifteen (15) feet from the side property lines.
5. Village Plan alternatives as outlined in RSA 674:21.VI shall be permitted. No increase in density will be permitted.
6. All lots and/or structures within the OSPD, built adjacent to a perimeter boundary of the development or with frontage on or adjacent to an existing public road shall conform to all building setbacks and lot frontages as required in the underlying zoning district.
7. The Planning Board may require site plans for individual lots containing slopes greater than fifteen (15) percent, soils rated as having "severe" limitations for septic systems if not on municipal sewer (as determined by the USDA), and very poorly drained soils.