§ 62-3000. Standards for open space subdivision design.

(a)

Incentives.

(1)

To encourage use. Application for a subdivision plat under this division and section of the land development regulations is a voluntary process and a rezoning application is not required to utilize the flexible development standards so long as the zoning classification remains the same. This subsection may be applied for in all single family zoning classifications with the standard review required for plat approval before the board of county commissioners.

(2)

To encourage cluster development. Clustering of development is permitted to encourage the efficient use of land that is intended to result in: narrower and shorter local street and utility networks than are typically required, smaller lot sizes, reduced impervious surface coverage to lessen stormwater runoff, protection of aquifer recharge areas, interconnected open spaces, reduced development expenses and long term infrastructure maintenance and renovation costs. See sections 62-2849, 62-2881, and 62-2956 of the Land Development Regulations for waiver criteria related to streets and rights-of-way.

(3)

To encourage open space and public access. Dedication of land fee simple for public use, including trails, connected open space corridors, and passive and active recreation, may be encouraged by the county commission who are authorized to offer a density bonus for this express purpose.

A residential density bonus for providing open space may be granted up to 25 percent above the maximum residential lot yield allowed in any existing conventional residential zoning districts identified in this ordinance, consistent with the County Comprehensive Plan.

The final total number of actual building lots in open space subdivisions may not exceed the maximum lot yield and density bonus permitted by this subsection.

The decision whether to accept an applicant's offer to dedicate fee simple open space tracts or connected corridors for trails systems shall be at the discretion of the board of county commissioners. The commission's decision shall be guided by the goals, objectives and policies, contained in the County's Comprehensive Plan Recreation and Open Space and Conservation Elements, and or the Brevard County Greenways and Trails Master Plan adopted by the Brevard Metropolitan Planning Organization or, the board of county commissioners.

(b)

The minimum percentage of open space and the calculation of development area. The minimum percentage of land that shall be designated as permanent open space:

(1)

A minimum of 35 percent of the total subdivision area which may include the following kinds of land:

a.

Existing naturally occurring wetlands;

b.

Riverine floodplains, as shown on official FEMA maps;

c.

Uplands.

Subdivisions on lands located in GU, PA, AGR, AU, and REU zoning categories shall have a minimum open space requirement of 50 percent.

The above areas shall be undivided open space, to facilitate open space monitoring and enforcement, and to promote appropriate management by a single entity according to land management standards.

(2)

All undivided permanent open space shall be restricted from further subdivision through a private conservation easement, with third party right of enforcement, in a form acceptable to the county and duly recorded on the plat of record and the county land records.

(3)

The purposes for which open space areas are proposed shall be documented by the developer on all subdivision plans. No more than one percent of the minimum required secondary open space shall be developed as active recreation area with supporting infrastructure.

(4)

Stormwater management facilities shall be designed to provide beneficial and functional wildlife habitat. The basin facilities shall be constructed with littoral shelves and planted with native wetland species. Pond shorelines and slopes shall be planted and maintained with native plant species. Maintenance standards for all ponds shall be detailed in the open space management plan. Stormwater facilities may be included as part of the minimum required secondary open space. No more than 30 percent of the secondary open space shall be used for stormwater management facilities. If site specific conditions favor upland protection in secondary open space the placement of permitted stormwater facilities in primary open space areas is allowed. Land within the rights-of-way of high-tension power lines or underground pipelines shall not be calculated as part of minimum required open space.

(5)

Due to established residential densities, and existing small lot size requirements, applicants with property that is zoned EU, EU-1, EU-2, RU-1-13, RU-1-11, RU-1-9, RU-1-7, may request a waiver from the county manager, or designee, of the 35 percent open space requirement in subsection (b)(1) above to accomplish interconnected open space. A preliminary subdivision plat plan shall be submitted for this waiver determination. The decision to either approve or disapprove the waiver request shall be based on minimum consistency with the specific criteria in section 62-3000 (d)(4), (11), (12), (13), and (14). A waiver may not result in less than a minimum 20 percent of interconnected non-wetland secondary open space in these proposed subdivisions. In this instance, no more than 30 percent of the secondary open space can be used for wet stormwater detention or retention facilities. If site specific conditions favor upland protection in secondary open space the placement of permitted stormwater facilities in primary open space areas is allowed.

To facilitate flexible subdivision designs and residential lot plans, front yard setbacks for the zoning categories listed above in this paragraph may be ten feet from the property line. Front loaded garages shall be setback 20 feet from the front property line. All other setbacks apply. The amount of the density bonus shall be determined using the following table:

Open space to density bonus ratio for zoning categories in section 62-3000(b)(5) above:

35% Open Space = 25% Density Bonus
30% Open Space = 20% Density Bonus
25% Open Space = 15% Density Bonus
20% Open Space = 10% Density Bonus

(6)

The amount of primary and secondary open space, road right of way, stormwater facilities and development area in open space subdivisions shall be calculated using the formula format in subsection (g). All formula calculations and results are to be shown in a tabular format on final engineering plans and the prepared plats.

(7)

Calculation of the development area acreage for residential lots shall be determined using the following formula in subsection (g). Total upland on site acreage - Total road right of way acreage = Remaining on site upland acreage - Total stormwater facilities acreage in development area = Remaining on site upland acreage - Total adjusted secondary open space acreage = Total lot development area acreage.

(c)

Location of permanent open space. The location of permanent open space conserved through compact residential development shall be consistent with the policies contained in the recreation and open space, and conservation elements of the County Comprehensive Plan, and with the criteria contained in subsections (c) and (d) of section 62-3000 below.

(1)

Permanent open space shall be comprised of two types of land: "Primary Open Space Areas" and "Secondary Open Space Areas." All lands within both Primary and Secondary Open Space Areas are required to be protected by a permanent private conservation easement or fee simple dedication to the County, a land trust, or conservancy.

(2)

Primary open space areas. This category consists of naturally occurring wetlands and lands within riverine floodplains. All naturally occurring wetlands within the subdivision site shall be preserved.

Secondary open space areas. This category consists of uplands. Although the locations of primary open space areas are predetermined by the locations of floodplains and wetlands greater latitude exists in the designation of secondary open space areas except that they shall include buffers along all natural waterbodies, water courses, and wetlands soils classified as "very poorly drained" in the Soil Survey of Brevard County, Florida, USDA Soil Conservation Service. On sites with wetlands, up to 50 percent of the secondary open space requirement can be satisfied with wetland acreage from the primary open space area.

The location of secondary open space areas shall be guided by the maps and the goals objectives and policies contained in the recreation and open space, and conservation elements of the County's Comprehensive Plan, and shall include all or part of the following resources:

a.

Woods;

b.

Aquifer recharge areas;

c.

Areas with highly permeable ("excessively drained") soil;

d.

Significant wildlife habitat areas and natural communities;

e.

Sites listed by the Florida Natural Areas Inventory (FNAI) as State or Globally Imperiled;

f.

Prime agricultural soils and lands;

g.

Historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories;

h.

Scenic views into the property from existing public roads.

Secondary open space areas typically consist of upland forests, flatwoods, oak scrub, sand pine scrub, hammocks, pastures, groves, existing fields, and sites listed on the FNAI that are part of the ecologically connected matrix of natural areas significant for wildlife habitat and water quality protection.

(3)

General locational standards. The plat engineer shall design subdivisions, around both the primary and secondary open space areas that make up the total required open space. The four-step design process shall begin with the delineation of all potential open space, after which potential house sites are located. Access road alignments are then identified, with lot lines being drawn in as the final step.

Both primary and secondary open space areas shall be placed in undivided preserves, which may adjoin housing areas that have been designed in a compact manner to create areas that can be used by all residents of the development.

Undivided open space shall be directly accessible to the largest practicable number of lots within an open space subdivision. To achieve this:

a.

The majority of houselots shall abut undivided open space in order to provide direct views and access;

b.

Safe and convenient pedestrian access to the open space from lots not adjoining the open space shall be provided, except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance, as identified in the open space management plan. Pedestrian access to and through open space areas is reserved in the event that agricultural uses are discontinued and shall be referenced on the final plat and in the open space management plan.

c.

Where the undivided secondary open space is designated as separate, noncontiguous parcels or tracts, no parcel shall consist of less than three acres in area nor have a length-to-width ratio in excess of 4:1, except such areas that are designed as neighborhood commons, upland buffers to wetlands, waterbodies or watercourses, or trail links.

(4)

Interconnected open space network. As these criteria are implemented, the open spaces in each new subdivision are intended to eventually adjoin each other, ultimately forming an interconnected network of primary and secondary open space areas across the County. The only elements of this network that may necessarily be open to the public are those lands that have been dedicated for public use and which are typically configured in a linear fashion according to the Recreation and Open Space Element of the County Comprehensive Plan, and or as recommended in the Brevard County Greenways and Trails Master Plan adopted by the Brevard Metropolitan Planning Organization or, the board of county commissioners.

(d)

Evaluation criteria. In evaluating the layout of lots and open space, the following criteria shall be used by the plat engineer and shall be considered by development review staff, the county natural resources management office, and personnel designated by the county manager, as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of this section. Diversity and originality in lot layout shall be encouraged to achieve the best relationship between development and open space areas. Accordingly, county staff shall evaluate proposals to ensure that the proposed plat is designed consistent with the following:

(1)

Protects and preserves regulated floodplains and wetlands;

(2)

Preserves and maintains mature forests, flatwoods, hammocks, existing fields, pastures, and groves, and creates sufficient buffer areas on site to minimize conflicts between residential and agricultural uses;

(3)

If development must be located on open fields or pastures because of greater restraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads;

(4)

Maintains or creates an upland buffer of natural native species vegetation at a depth consistent with the wetland permitting requirements of the St. Johns Water Management District, adjacent to wetlands and surface waters, including rivers, creeks, springs, lakes and ponds, vernal pools, marshes and estuaries;

(5)

Designs around existing hedgerows and treelines between fields or pastures, and minimizes impacts on large woodlands and natural communities (greater than three acres), especially those containing many mature trees or a significant wildlife habitat. Design shall also take into consideration protection of house sites and development clusters from potential forest and wild fires. Preliminary consultation with the State of Florida Department of Agriculture, Division of Forestry, the county cooperative extension service, and the county natural resources management office is strongly encouraged while preparing site analysis plans that meet these criteria;

(6)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares;

(7)

Avoids siting new construction on prominent elevations or dunes by taking advantage of lower topographic features;

(8)

Protects wildlife habitat areas of species listed as Endangered, Threatened, or of Special Concern by the State of Florida Natural Areas Inventory, the Florida Committee on Rare and Endangered Plants and Animals, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission;

(9)

Designs around and preserves sites of historic, archaeological, or cultural value, as needed to safeguard the character of the feature;

(10)

Protects rural roadside character and improves public safety by avoiding development fronting directly onto existing public roads. Establishes buffer zones along rural roads and any road corridors designated as scenic by the Comprehensive Plan;

(11)

Landscapes common areas such as neighborhood parks, cul-de-sac islands, with native shade tree species and shrubs with high wildlife conservation value. In traditional neighborhood or town center layouts canopy shade trees shall be planted at forty-foot intervals on one or both sides of each street, so the streetscape will have a shaded and traditional appearance. The trees shall generally be located along the sidewalk or footpath, and the edge of the street within a planting strip not less than eight feet in width;

(12)

Includes an internally interconnected bicycle and pedestrian circulation system made up of sidewalks, bike-paths, and passive recreation trails, or multi-purpose trails that have external offsite linkages;

(13)

Provides open space that is reasonably contiguous. Fragmentation of open space shall be minimized so that these resource areas are not divided into numerous small parcels. Long thin strips of open space land shall be avoided unless the open space feature is linear and is needed to connect with watercourses or trails. Such subdivision open spaces shall be designed as part of larger contiguous and integrated system. This system is to be consistent with the policies in the open space and recreation, and conservation elements of the county comprehensive plan and, or the county greenways and trails master plan adopted by the Brevard Metropolitan Planning Organization or, the board of county commissioners.

(14)

Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.

(e)

Lot size and lot lines, and setbacks.

(1)

Lot size and lot lines. Lot lines are generally midway between house locations. A maximum ten percent of the total lots may be L-shaped "flag-lots" meeting the county's minimum standards for the same in section 62-102 of the Land Development Regulations. Minimum lot size requirements for flag lots may be less than one acre but shall be consistent with the minimum lot sizes listed below excluding the flag stem. Side yard setbacks for all lots may be no less than ten percent of the minimum lot width in the table below in (e)(1) except for side street setbacks on corner lots, which shall be no less than ten feet. However, the required side yard setback shall not be required to exceed the zoning classification's standard setback in article VI. of this chapter.

Rear yard setbacks shall be no less than 20 feet, except for screen porches, which shall be set back no less than ten feet.

All other setbacks apply per the existing zoning regulation criteria, except for front setbacks for some classifications as described in subsection (b)(5).

The minimum permitted lot sizes, and the minimum lot width and depth, in eligible zoning categories are as follows:

Zoning Category	Minimum SF* Lot Size	Minimum Lot Width	Minimum Lot Depth
GU	43,560 sq. ft.	100 feet	100 feet
PA	43,560 sq. ft.	100 feet	100 feet
AGR	43,560 sq. ft.	100 feet	100 feet
AU	43,560 sq. ft.	75 feet	100 feet
REU	43,560 sq. ft.	75 feet	100 feet
RR1	21,780 sq. ft.	60 feet	100 feet
SEU	21,780 sq. ft.	60 feet	100 feet
SR	10,890 sq. ft.	60 feet	100 feet
EU	9000 sq. ft.	60 feet	75 feet
EU-1	7,000 sq. ft.	60 feet	75 feet
EU-2	6,000 sq. ft.	60 feet	75 feet
RU-1-13	5,000 sq. ft.	55 feet	75 feet
RU-1-11	5,000 sq. ft.	55 feet	75 feet
RU-1-9	4,500 sq. ft.	50 feet	90 feet
RU-1-7	4,000 sq. ft.	50 feet	80 feet
SF* = Single family residence lot size in a open space subdivision

 

(2)

Proposed single family lot subdivisions that directly abut an existing single family subdivision, or legally approved, but not yet constructed, single family residential subdivision filed on the county land records shall be designed as follows. Each lot on the perimeter of the open space subdivision in this scenario shall specifically mirror or exceed the lot size, depth, and width, of the abutting subdivision's lots. The primary structures on the perimeter open space subdivision lots shall have the same average building heights and building footprint as those found on the existing residential lots that abut the proposed open space subdivision and shall be designed, constructed, and used or occupied as single family residential units. Exemptions from all, or a portion, of these requirements may be permitted provided that the applicant graphically demonstrates on a scaled site plan, presented to the board of county commissioners for approval during the subdivision process, that any proposed combination of supplemental landscaping, structure designs, fences, walls, and earthen berms will buffer and ensure compatibility with existing and future land uses that abut the land proposed for development as an open space subdivision.

(f)

Management and maintenance of open space.

(1)

General.

a.

The primary and secondary open space shall remain undivided and protected by a permanent private conservation easement with third party right of enforcement. The open space shall be managed by a homeowners association with mandatory membership, or be deeded fee simple to the county, or a recognized land trust or conservancy for management purposes. The decision whether to accept an applicant's offer of dedicated fee simple open space shall be at the discretion of the board of county commissioners. Open space lands may include pre existing agricultural or forestry operations with the owner of such lands retaining title to property while placing a permanent private conservation easement on the proposed open space. All agricultural or forestry operations in open space shall be consistent with a county approved open space management plan. The open space management plan shall specify conservation techniques, measurements for management success, and stipulate management funding mechanisms in perpetuity. A special forestry management and preservation buffer shall be incorporated into the open space management plan for subdivisions that abut active forestry operations. The minimum forestry buffer area width within open space shall be 300 feet along residential lot boundaries.

b.

A map and an open space management plan describing ownership, use and maintenance responsibilities shall be submitted with the preliminary subdivision plat for all open spaces for review and approval by the county manager, the county natural resources management office or other designee. The approved map and open space management plan shall be filed with the final subdivision plat on the county land records, with the county planning and zoning office, and the county natural resources management office. All undivided open space shall remain in a condition consistent with the approved management plan. Verification of the creation of a homeowners association with mandatory membership and language providing notice that an association exists shall be referenced in all deeds and on the final plat. This language is required prior to filing of the final plat with the County. The details of the open space management plan shall be included in all deeds as deed restrictions enforced by a homeowners' association with mandatory membership.

(2)

Ownership options.

a.

An owner or homeowners association may lease, or dedicate fee simple, permanent open space lands to any other qualified local or state agency, land trust, or conservancy for operation and maintenance of open space lands.

b.

The lease shall be subject to the review and approval by the county manager, or designee. Any proposed transfer or assignment of the lease shall be reviewed and approved by the county manager, or designee and the county natural resources management office. Lease agreements and lease transfers shall be recorded with the county recorder of deeds, filed with the county planning and zoning office and the county natural resources management office.

c.

An owner or homeowners association may transfer open space to a private or nonprofit organization, whose purpose is to conserve open space, farmlands and/or natural resources, provided:

1.

The organization is a bonafide conservation organization with perpetual existence;

2.

The conveyance contains appropriate provisions for proper reverter or retransfer; and

3.

The owner and the organization enter into an open space management plan and maintenance agreement.

(3)

Maintenance standards.

a.

The owner or homeowners association shall be responsible for raising all funds required for operations, maintenance, or physical improvements to the open space.

b.

In the event that any successor organization shall fail to maintain the undivided open space in reasonable condition consistent with the development and management plan, the County may serve written notice upon the owner setting forth the manner in which the owner has failed to maintain the undivided open space in reasonable condition.

c.

Failure to adequately maintain the undivided open space in reasonable order and condition as specified in the management plan constitutes a violation of this section. The county is hereby authorized to give notice to the owner or occupant of any violation, directing the owner to remedy the same. After notice is provided, and no remedy action has been taken within 14 days of written notice by the county, fines may be assessed for uncorrected violations of up to $250.00 per day for the length of time the property remains in violation of this section.

(g)

Open space subdivision formula.

(1)

The formula is to be utilized in open space subdivision design consistent with the location of permanent open space criteria, and the four step design process in the general location standards of subsection 62-3000(c).

(2)

Compile the following site factors for use in the calculations below:

Zoning Category per section 62-3000(e)(1)=
Total Site AC =

Total Upland AC On Site =
Total Wetland & Riverine Floodplain AC (This is Primary Open Space) =
Total Road Right of Way AC (10% of Upland AC) =
Total Stormwater Facilities AC (15% of Upland AC) =
Total Secondary Open Space AC (This is upland area) (35%* of Total Site AC*) =

*50% of Total Site AC if in GU, PA, AGR, AU, and REU Zoning Categories per Section 63-3000(b)(1)

Calculation of Adjusted Secondary Open Space AC

In the calculation of the Adjusted Secondary Open Space AC the amount of total wetlands and riverine floodplain acreage subtracted for credit can not total more than 50 percent of the Secondary Open Space factored above per Section 62-3000(c)(2).

Total Secondary Open Space AC _______ - Total Wetland & Riverine Floodplain AC _______ = _______ AC Adjusted Total Secondary Open Space

Calculation of Total Stormwater Facilities AC Permitted in the Adjusted Secondary Open Space AC

Total Adjusted Secondary Open Space AC _______ × .30 = _______ AC

Calculation of Total Minimum Stormwater Facilities AC Required in the Development Area AC

Total Stormwater Facilities AC _______ - Total Stormwater Facilities AC Permitted in Secondary Open Space AC _______ = * AC

(*If a negative number results enter 0 AC of Stormwater Facilities Required in the Development Area AC)

Calculation of the Lot Development Area AC Formula:

Total Upland AC On Site _______ - Total Road Right of Way AC _______ = _______ AC

Remaining Upland AC Onsite _______ - Total Stormwater Facilities AC in Development Area AC _______ = _______ AC

Remaining Upland AC On Site _______ - Total Adjusted Secondary Open Space AC _______ = Total Lot Development Area AC of _______ AC

Calculation of the Number of Building Lots Permitted:

Total Lot Development Area AC _______ × 43,560 sq. ft. = _______ sq. ft. of Development Area divided by the Minimum Permitted Lot Size per Zoning Category in Section 62-3000 E.1

_______ sq. ft. = _______ Building Lots in the Development Area AC

Undisturbed Secondary Open Space AC (upland area)

Disturbed Secondary Open Space AC as Stormwater Facilities

+ AC

Undisturbed Wetlands and Riverine Floodplain AC as Primary Open Space

+ _______ AC

Total Primary Open Space (Wetland & Floodplain) AC + Undisturbed Secondary Open Space AC + Disturbed Secondary Open Space AC as Stormwater Facilities =

= _______ AC

Total Lot Development Area AC + Road Right of Way AC + Stormwater Facilities AC In Lot Development Area AC =

+ _______ AC

Total Site AC

= _______ AC

The Total Building Lots Permitted In Development Area AC as calculated in 2. above = _______ Building Lots*.

*(The final total number of actual building lots in open space subdivisions may not exceed the maximum lot yield and density bonus permitted per subsection 62-3000(a)(3)).

(Ord. No. 01-13, § 2, 3-20-01; Ord. No. 01-61, § 1, 10-2-01; Ord. No. 2004-13, § 14, 4-13-04)