WSMU_BERM_WSWP Ordinance_20230824

CHAPTER 10 ENVIRONMENTAL PROTECTION
CHAPTER 10 ENVIRONMENTAL PROTECTION
10.1 Compliance with Watershed Rule Required
Most of the zoning jurisdiction of the Town of Bermuda Run is located within a water
supply watershed protected area associated with the Yadkin River (WS-IV-PA) as
delineated and regulated by the North Carolina Department of Environment and Natural
Resources. All development within an established watershed protected area, as shown
on the Bermuda Run Zoning Map, shall meet all applicable minimum requirements of
the watershed rule as contained in NCAC Section.0200, in general, and 15A NCAC 02B
.0216 in particular as well as the requirements of this section.
(A) Development density requirements.
(1) Low density development.
Development activities which require a sedimentation/erosion control plan in
accordance with 15A NCAC 4 shall meet the maximum density allowances
permitted in the rule. Low density developments shall be limited to no more
than either:
a) Two (2) dwelling units of single-family detached development per acre
(or 20,000 square foot lot excluding roadway right-of-way); or
b) Twenty-four percent (24%) built-upon area for all other residential and
non-residential development; or
c) Three (3) dwelling units per acre or thirty-six percent (36%) built-upon
area for projects without curb and gutter street systems where such is
permitted within the Town's jurisdiction.
(2) High density development.
High density development as defined in 15A NCAC 4 shall not be permitted
within the Bermuda Run zoning jurisdiction. All development exceeding the
maximum density allowances for low density development shall be prohibited
except those which have been granted increased density allowances under the
10/70 provision.
(3) Clustering and density averaging.
a) Minimum lot sizes are not applicable to clustered single-family
subdivisions;however,the total number of lots in the development shall
not exceed the number of lots allowed for this district.
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Town of Bermuda Run Zoning Regulations Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
b) The remainder of any cluster subdivision tract not used for development
shall remain in a permanent vegetated or natural state. Sufficient proof
of permanent maintenance of open space shall be required prior to
development approval by the Town.
c) Density averaging within the Town shall be permitted only as part of
the approval and permitting requirements for use of the 10/70 provision.
(B) Additional requirements.
(1) Built-upon areas.
All built-upon areas shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated stouiiwater
flow.
(2) Stormwater runoff
Stormwater runoff shall be transported by landscaped,vegetated conveyances
to the maximum extent practicable.
(3) Bi ffer°required.
A minimum 100-foot vegetative stream buffer is required along all perennial
waters indicated on the most recent versions of U.S.G.S. 1:24,000 scale (7.5
minute)topographic maps for all uses except agriculture,where agriculture is
the primary use of a lot. Agricultural uses must maintain a minimum 10 foot
vegetated buffer, or equivalent control as determined by the soil and water
conservation commission along all perennial waters indicated on the most
recent versions of U.S.G.S. 1:24,000 scale (7.5 minute) topographic maps.
Desirable artificial stream bank or shoreline stabilization is permitted.
(4) Development in buffer prohibited.
No new development is allowed in the stream buffer. Water dependent
structures or other structures, such as flagpoles, signs and security lights,
which result in only minimal increases in impervious area,and public projects
such as road crossings and greenways may be allowed where no practical
alternative exists. These activities shall minimize built-upon surface area,
direct runoff away from the surface waters and maximize the utilization of
stormwater best management practices.
Sec. 10—Page 2
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(C) The 10/70 Provision.
(1) Purpose.
Section 15A NCAC 02B .0216 of the North Carolina Administrative Code
states that local governments that do not use the high density watershed option
may allow a maximum of ten percent (10%) of their watershed area outside
of the critical area to be developed with new development projects and
expansions to existing development of up to seventy percent(70%)built-upon
surface area. This is commonly referred to as the 10/70 option. The
remainder of the property, a minimum of thirty percent (30%), must be
maintained as peiiiianent open space or pervious surface. The Town of
Bermuda Run has chosen to include the 10/70 option in its watershed program
as detailed within this section.
(2) Town Council to approve.
Projects exceeding the low density requirements of this ordinance may
petition the Town Council for permission to use the 10/70 provision. The use
of this provision is a privilege and not a right granted to property owners
within the Town's jurisdiction and may be allocated by the Town at its sole
discretion by legislative action.
(3) Acreage limitations.
A minimum of fifty (50) acres of impervious coverage (or a total of seventy-
two project acres) shall be reserved by the Town for use in the area west of
NC Highway 801.
(4) Use limitations.
Under no circumstances shall any use defined as an adult establishment,pawn
shop, telecommunication tower be eligible for the 10/70 provision.
Furthermore, the Town, at its discretion, may choose not to grant a request
for increased density under the 10/70 provision for any free-standing single-
use commercial establishment not part of a coordinated development site
including, but not limited to, gas stations, convenience stores, restaurants,
retailers, shopping centers or professional offices or whenever, in its opinion,
the proposed use with increased density would not be in the best interest of
the Town at the location proposed.
(5) Required pervious areas.
All pervious area required by the watershed regulations may be met onsite,
partially onsite,or entirely offsite as part of the approval process for the 10/70
Sec. 10—Page 3
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
provision as long as they meet the requirements established in section 10.6
and the following conditions are met:
a) All such offsite areas shall be approved by the Town Council at the time
of approval of the 10/70 provision.
b) All pervious areas shall be in the form of permanent environmental open
space held by any unit of government or private non-profit organization
created for such purposes.
c) All pervious areas shall be "downstream" of the development and shall
be designed to disperse stormwater flows in a diffuse pattern and to
perinit infiltration.
d) All pervious areas shall either remain undisturbed or be used for public
open space. Any land used for public open space required by this
ordinance may be maintained as an area of passive recreation or similar
public use as long as such area contains no impervious surfaces and is
otherwise designed and/or maintained to accomplish the stormwater
objectives of this section.
(6) Petition requirements.
All petitions for the 10/70 provision shall be submitted to the Town manager
at least twenty-one days prior to the Town Council meeting at which such
request shall be heard. In order to be considered by the Town Council,
petitions shall include the following information:
a) A completed application form.
b) A sealed site plan including an accurate survey of the site drawn at a
scale of no less than 1:200 indicating the following information:
1) The project boundary and total square footage of the project site.
2) The location, extent, percentage and total square footage of all
existing and proposed impervious surface areas.
3) The location, extent, and proposed ownership of all onsite and/or
offsite pervious locations. If offsite, the application shall include
a draft of the legal instrument conveying ownership of the land
and a signed letter by the proposed owner that they understand and
willingly accept the limitations, requirements and responsibilities
that such ownership conveys. All open space areas shall meet the
requirements of Section 10.6.
Sec. 10—Page 4
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
4) The location of all perennial and intermittent streams, as indicated
on the most recent USGS 7.5 Minute Topographic Quadrangle, on
the project site.
5) The location of all boundaries of a regulated floodplain, as
indicated by the Davie County GIS.
6) The location and extent of all required buffer areas.
7) The location of all existing structures on the site.
8) The zoning on the project site and adjacent parcels of land.
9) In the absence of floodplain, perennial or intermittent streams on
the project site, the site plan shall either: a) include a statement
that no floodplain,perennial or intermittent streams, as defined by
this ordinance, lie within 100 feet of the project boundary; or b)
indicate the direction and distance to any such feature within 100
feet of the project boundary.
c) For new development, petitioners shall be required to provide an
engineer's certification that post-construction run-off will not be
substantially significant or will not substantially impact adjacent
properties when compared to preconstruction run-off.
d) All required fees as established by the Town Council.
(7) Approval process.
a) All requests for the 10/70 provision shall be decided by the Town
Council after a duly advertised and held public hearing. Prior to such
public hearing, the Town Council may request that the planning board
review the petition and make a recommendation for action.
b) In making a decision regarding allocation of the 10/70 provision, the
Town Council shall consider the following:
1) The amount of 10/70 acreage remaining to be allocated.
2) The type and location of development.
3) The type and location of required pervious surfaces.
4) Stotiirwater impacts.
Sec. 10—Page 5
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
5) Any other factor which the Town Council feels is significant to
the development and future of Bermuda Run.
10.2 Flood Damage Prevention
All properties located within a Special Flood Hazard Areas are subject to regulation by
the Town of Bermuda Run's Flood Damage Prevention Ordinance adopted on September
9, 2008. Special Flood Hazard Areas are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and FEMA in its
Flood Insurance Study (FIS) for Davie County its accompanying Flood Insurance Rate
Map Panels (5861, 5862, 5863, 5871, 5872, 5873, & 5882).
10.3 Stormwater Mitigation
(A) Any development of greater than one (1) acre of disturbed area shall be subject to
review by the NC Department of Environmental Quality(DEQ)for soil and erosion
control approval. Any development outside of the Watershed Protected area is
further subject to review by NCDEQ for compliance with the National Pollutant
Discharge Elimination System (NPDES) stormwater program.
(B) All stormwater detention and/or retention ponds and basins shall be designed as an
integral part of the development site and shall be aesthetically pleasing (e.g., neatly
landscaped, well-maintained, vegetated slopes, decorative fencing if fencing is
used, etc.). Fencing of such facilities, when desired, shall be decorative and shall
be in harmony with the overall character of the site.
(C) Low impact design (LID) techniques for stormwater control are strongly
encouraged. Applicants for developments choosing to utilize LID techniques shall
refer to Low Impact Development: A Guidebook for North Carolina published by
North Carolina State University and the North Carolina Cooperative Extension.
Developments utilizing LID techniques may exceed the maximum parking ratios
set forth in Section 4.3 of this Ordinance. A maintenance plan shall be provided
for any development utilizing LID techniques.
(D) Concentrated runoff from new ditches or manmade conveyances shall be converted
to diffuse flow before the runoff enters any required buffer. To the maximum extent
practicable,stormwater shall be designed to sheet flow across properties in a diffuse
manner and, unless topography dictates otherwise, shall be discharged to surface
flow as close as possible to the impervious surfaces creating the increased flow.
Exceptions to this requirement may be made by the Town for permitted discharge
into a Town or state-maintained stormwater collection system.
(E) Periodic corrective action shall be required to restore diffuse flow as necessary to
impede the formation of erosion gullies.
Sec. 10—Page 6
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(F) Ditches and vegetated conveyances shall be maintained to prevent erosion and to
correct siltation and debris collection that impedes the ability of the conveyance to
perform properly.
10.4. Tree Preservation, Protection, and Removal
(A) Purpose.
Wooded sites provide distinct aesthetic, economic and environmental significance
and value as a natural resource of the Town. Existing vegetation plays a critical
role in maintaining aesthetics, water quality, minimizing erosion and downstream
flooding, and increasing quality of life.
(B) Tree preservation.
(1) Applicability.
Significant forest stands, specimen trees, and heritage trees, as defined in this
ordinance, shall be preserved whenever practicable. Forested areas and
vegetated areas and areas whose physical site conditions render them
unsuitable for development shall be set aside as conservation areas or as open
space. Wooded sites shall be developed with careful consideration of the
natural characteristics of the site. When portions of forested stands must be
developed, careful consideration shall be given to preserving wooded
perimeters or the most desirable natural features in order to retain the aesthetic
or visual character of the site.
(2) Tree save area.
Whenever trees are to be saved on a development site,the tree save area shall
be delineated on the site plan. The tree save area shall be considered the area
in which the drip line of the saved tree is located plus an additional five feet
around the perimeter. If root disturbance or construction activities occur
within the drip line of any tree designated as protected, only the area actually
being protected will be included in any calculated tree save area where such
area is being used to meet the landscaping or buffering requirements of this
ordinance.
(3) Tree selection criteria.
The following characteristics shall be considered when selecting trees to be
protected and saved:
a) Tree vigor. Only healthy trees shall be counted towards any landscaping
or buffering requirement. A tree of low vigor is susceptible to damage
by environmental changes that occur during site development. Healthy
Sec. 10—Page 7
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
trees are less susceptible to insects and disease. Indications of poor
vigor include dead tips of branches, small annual twig growth, stunted
leaf size, sparse foliage, and pale foliage color. Hollow or rotten trees;
cracked, split, or leaning trees; or trees with broken tips also have less
chance of survival.
b) Tree age. Old, picturesque trees may be more aesthetically valuable
than smaller, younger trees, but they may require more extensive
protection.
c) Tree species. Preserve those species that are most suitable for site
conditions and landscape design. Trees that are short lived or brittle or
are susceptible to attack by insects and disease are poor choices for
preservation.
d) Tree aesthetics. Choose trees that are aesthetically pleasing, shapely,
large, or colorful. Avoid trees that are leaning or in danger of falling.
Occasionally, an odd shaped tree or one of unusual foiui may add
interest to the landscape if strategically located;however,be certain that
the tree is healthy.
e) Wildlife benefits. Choose trees that are preferred by wildlife for food,
cover, or nesting. A mixture of evergreens and hardwood may be
beneficial. Evergreen trees are important for cover during the winter
months, whereas, hardwoods are more valuable for food.
f) Environmental benefits. Choose trees that help to reduce runoff and
erosion,disconnect impervious areas, serve as stormwater filters, and/or
buffer onsite perennial streams.
(4) Tree save delineation.
All tree save areas must be specified on the recorded plat, individual recorded
deeds, and all property association documents for land held in common. All
trees located within a tree save area shall be preserved.
(C) Heritage trees
The Town may require that any heritage tree be included within or set aside as an
additional tree save area on any development site.
Sec. 10—Page 8
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(D) Tree protection.
(1) Applicability.
A tree and root preservation plan delineating tree save areas shall be
incorporated as part of any site plan required by this ordinance. The following
measures shall be followed to protect existing trees on a developing site:
a) Prior to demolition, clearing, construction, grading, and installation of
erosion control measures; tree protective barriers must be installed
around all tree save areas by the developer as approved by the Town.
b) The tree protection fence shall be located along the perimeter of the tree
save area(drip line plus five feet). Tree protection fencing shall consist
of orange safety fencing or a combination of orange safety fencing with
silt fencing at a minimum of four feet in height on metal or wood posts.
c) All tree protection areas must be designated as such with "tree save
area" signs posted in addition to the required protective fencing. Signs
requesting subcontractor cooperation and compliance with tree
protection standards are recommended for site entrances.
d) No soil disturbance or compaction, stock piling of soil or other
construction material, vehicular traffic, or storage of equipment and
materials are allowed within the tree save area.
e) No ropes, signs,wires,unprotected electrical installation or other device
or material, shall be secured or fastened around or through a tree or
shrub.
f) All protective measures shall be maintained throughout the land
disturbing and construction process, and shall not be removed until final
landscaping is installed.
Sec. 10—Page 9
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
10.5 Encroachment into Required Buffers and Tree Save Areas
(A) If encroachment into a required tree save area occurs during or after construction
which causes irreparable damage to the vegetation, the area shall be replanted as
required by this section. In addition to required mitigation, any encroachment into
a tree save or buffer area may subject the violator to the maximum penalties and
enforcement action as permitted by this ordinance and state law.
(B) If a tree save area or required undisturbed buffer yard is disturbed for any reason,
it shall be restored at a rate of ten trees per 1,000 square feet. Trees to be planted
shall have a minimum caliper of two inches, shall be eighteen feet in height at
installation, and shall be at least seventy-five percent large maturing varieties.
(C) Where a disturbed area also functioned to buffer adjacent properties or public
street(s), at least fifty percent of the trees shall be evergreen varieties. Trees shall
be distributed throughout the disturbed area in such a way as to effectively replace
the vegetation disturbed.
(D) Where under story vegetation is removed or disturbed it shall be replaced at a rate
of forty shrubs per 100 linear feet. Shrubs shall be evergreen and three (3) feet in
height when installed and are expected to reach a minimum height of six (6) feet at
maturity.
(E) When a tree is destroyed due to an act of God, it shall be replaced with the same
species or comparable species, two (2) inches in caliper in size.
(F) A planting plan is required for Town review and approval prior to commencement
of planting.
Sec. 10—Page 10
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
10.6 Open Space
(A) Purpose
In order to develop a system of quality open spaces and recreation areas throughout
the Town's jurisdiction, the following standards shall apply to all developments
and all open space and recreation areas in all zoning districts unless otherwise
noted.
(B) Applicability
The requirements of this Section apply to new developments with greater than five
(5) residential dwelling units in which the construction of new streets is proposed.
Developments in which all lots are(1) acre or more are exempt from this provision.
(C) General Provisions
(1) Land designated as open space on the approved development plan shall be
maintained as open space and may not be separately sold, subdivided, or
developed.
(2) Access from a public or private street shall be provided to all designated open
space with a minimum 15 foot wide access to the open space area. Lakes or
ponds within the development used as open space shall provide adequate
community access beyond this 15 foot minimum as determined by the
Administrator.
(3) Open space shall be contiguous wherever possible.
(4) The land used for required open space and recreation areas, except
environmental open space, shall have an average slope of five (5) percent or
less with no portion of the land exceeding a 15 percent slope.
(5) Open space requirements shall be met for each area of a phased development
that makes up more than 20 percent of the total lots for the development. No
certificates of occupancy shall be issued until all such required facilities have
been installed by the developer and approved by the Town.
(D) Environmental Assessment
Existing Features Plans are required to be submitted with all multi-family
residential site plans and subdivision sketch plans for all proposed developments
with greater than five (5) dwelling units.
Sec. 10—Page 11
Town of Bermuda Run Zoning Regulations Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
CONCEPTUAL EXISTING FEATURES PLAN
SCENIC VIEWS MINOR STREET
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ARTERIAL 6¢ I PRIMARY SPECIES:
STREET ) %s %s BARN - OAK
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PECAN TREE �— HISTORIC BARN
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POND l STEEP SLOPES
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HERITAGE AREA: Sj ►�
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WILDLIFE HABITAT Tr/ C TOP OF HILL
(E) Minimum Open Space Dedication
Open space shall be dedicated in accordance with the table below. Percentages are
based on total development area.
Density (DUA) Percent Open
Space
0.2 DUA or less n/a
0.21 DUA-1.9 DUA 10%
2.0 DUA-3.9 DUA 20%
4.0 DUA or more 30%
How to Calculate DUA(Dwelling Units Per Acre):
Total Number of Dwelling Units=DUA
Total Development Area in Acres
Sec. 10—Page 12
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(F) Types of Open Space
All open space shall be classified as one(1)or more of the following categories and
be classified as private common area open space or public open space. The Existing
Features Plan should be used as a guide by the developer and Administrator to
determine the most appropriate open space type and location. Also the Town's
Comprehensive Plan and any applicable County plan, particularly park and open
space plans, shall be considered when evaluating the most appropriate open space
type. The greenway open space type shall be utilized wherever a greenway segment
is shown in the Comprehensive Plan.
(1) Nature Preserve
Open spaces designated as nature preserves shall be left largely undisturbed
except for the optional clearing of underbrush for the provision of a walking
trail. Nature preserves are the encouraged open space type for floodways;
flood fringe areas(100-year floodplain); stream buffers as required by the the
North Carolina Department of Environmental Quality; slopes of greater than
10 percent; jurisdictional wetlands under federal law (Clean Water Act,
Section 404) than meet the definition applied by the US Army Corps of
Engineers; tree conservation areas; individual existing healthy trees greater
than eight (8) inches DBH (diameter at breast height) and their critical root
zones;habitat for federal or state endangered or threatened species;and scenic
viewsheds such as field borders, meadows, fields, river views, and natural
woodlands that can be seen from roadways.
EXAMPLES OF NATURE PRESERVES
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Sec. 10—Page 13
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(2) Greenway
Greenways are large, irregular open spaces designed to incorporate natural settings
such as creeks and significant stands of trees within and between neighborhoods.
Greenways connect points of interest in a community such as schools, parks, and
other civic uses. Greenways are typically more natural and may contain irregular
topography. Greenways shall be used for, at a minimum, trails for walking,
jogging, and biking. Greenways as designated on adopted Town and County plans
to provide for walking, jogging, and biking connecting points of interest in the
community such as schools parks and other civic uses.
EXAMPLES OF GREENWAYS
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(3) Greenbelt
Greenbelts run along the perimeter of a neighborhood, and serve to buffer a
neighborhood from surrounding non-compatible uses such as a highway corridor
or industrial district, or a developed area from agricultural areas or adjacent
communities. Greenbelts are wider and provide more existing natural vegetation
than any buffer yard required as part of Section 4.4.3. Greenbelts differ from the
other types of open spaces in that they are left natural, and are not intended for
recreational use.
EXAMPLES OF GREENBELTS
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Sec. 10—Page 14
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(4) Agricultural Preserve
Open spaces designated as agricultural preserves shall be used for active farming
in the form of crop cultivation, the keeping of livestock, or equestrian facilities.
Agricultural preserves are encouraged to protect areas of agricultural and rural
heritage and promote compatible active agricultural operations.
EXAMPLES OF AGRICULTURAL PRESERVES
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(5) Recreational Amenity Center
Recreational amenity centers are intended for active recreational use and may
include swimming pools, splash pads,tennis courts and similar uses. Recreational
amenity centers shall be centrally located to the residences that they serve.
EXAMPLES OF RECREATIONAL AMENITY CENTERS
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Sec. 10—Page 15
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(6) Playground
Playgrounds are for active recreational use and provide sunny and shaded play
equipment and play areas for children as well as open shelter with benches.
Playgrounds may be part of other types of open space, such as parks or recreational
amenity centers, or may stand alone.
EXAMPLES OF PLAYGROUNDS
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(7) Square or Green
Squares or greens are primary intended for passive recreational use and may have
monuments,pavilions, sitting areas. Squares or greens shall be bounded by streets
on a minimum of 50 percent of their perimeter. Squares or greens are encouraged
to be entirely bounded by streets and/or lanes. Squares and greens shall be planted
parallel to all streets and shall contain canopy trees along street frontages.
EXAMPLES OF SQUARES
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• Sec. 10—Page 16
Town of Bermuda Run Zoning Regulations—Amended June 2023

I
CHAPTER 10 ENVIRONMENTAL PROTECTION
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(8) Park
Parks may be designed for passive and/or active recreational use. Parks shall be
bounded by streets on a minimum of 10 percent of their perimeter. Large parks
should create a central open space which services an entire neighborhood or group
of neighborhoods; or incorporates physical features which are an asset to the
community (i.e. lake or river frontage,high ground, significant stands of trees).
Undergrowth should be limited and landscaping shall be installed in a manner that
promotes attractiveness and safety. Parks may be combined with greenways and
greenbelts and may include golf courses and community gardens.
EXAMPLES OF PARKS
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(G) Allowed Uses of Open Space
Unless otherwise stated, open space intended to achieve the performance standard
may be used for the following:
(1) Conservation areas for natural, archeological or historic resources;
(2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or
similar conservation-oriented areas;
(3) Pedestrian or multi-purpose trails;
(4) Passive recreation areas;
(5) Active recreation areas, provided that impervious area is limited to no more
than 25 percent of the total open space for the development;
(6) Golf courses (excluding clubhouse areas and maintenance facilities),
provided that the area does not exceed 50 percent of the total open space for
the development and that impervious area is no more than 25 percent of the
total open space for the development;
Sec. 10—Page 17
Town of Bermuda Run Zoning Regulations—Amended June 2023

CHAPTER 10 ENVIRONMENTAL PROTECTION
(7) Water bodies, such as lakes, pond and floodways, provided that the total
surface area does not exceed 50 percent of the total open space for the
development;
(8) Crop production, community garden;
(9) Stormwater control measures, provided that area does not exdeed 25 percent
of the total open space for the development and the stormwater control
measure is designed as a pond amenity of greater than one-half(1/2) acre or
greater, is surrounded by open space, and is accessible to all residents; and
(10) Easements for drainage, access and underground utilities.
(H) Prohibited Uses of Open Space
Open space intended to achieve the performance standard shall not be used for
the following:
(1) Individual conventional wastewater disposal systems (excluding innovative
systems);
(2) Overhead electric transmission lines or high voltage electric transmission
lines; and
(3) Streets and impervious parking areas.
(I) Alternative open space.
(1) As an alternative to incorporating required open space on a development site,
the developer has the option of:
a) Requesting that the Town permit the purchase of land lying within a
planned public park or open space system within or immediately
adjacent to the Town's zoning jurisdiction and its dedication to the
appropriate public authority; or
b) Requesting that the Town accept fees in lieu of land dedication for the
purpose of providing public open space.
Such requests shall be heard and decided by the Town Council prior to
subdivision or site plan approval.
(2) Any request for alternative open space shall be accompanied by the following
information:
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CHAPTER 10 ENVIRONMENTAL PROTECTION
a) The amount of land required for open space dedication under this
ordinance.
b) Detailed information about land proposed for purchase and public
dedication including all of the following:
• The exact location(either a tax identification number or a metes and
bounds description), size, and current assessed and appraised value
of land proposed for purchase and public dedication.
• The intended recipient of the dedication of land and evidence that
the recipient (if other than the Town) approves of the dedication.
• The proposed timing of the purchase and dedication.
c) If fees in lieu are proposed, the amount of fees offered shall be
commensurate with the cost of land used for the development and the
amount of open space required. For example, if one acre of open space
is required per this ordinance and the cost of usable land within the
development site is $50,000 per acre, then the minimum fee in lieu of
open space would be equal to $50,000.
d) An alternative plan for providing onsite open space as required by this
ordinance.
(3) In considering a request for alternative open space, the Town Council may:
a) Approve the request without modification; or
b) Approve the request with modifications or conditions agreed to by the
developer; or
c) Approve only a portion of the request,requiring a portion of the required
open space to be included on the site of the proposed development; or
d) Deny the request.
(J) Open Space Ownership and Maintenance
(1) Open space may be owned or administered by one (1) or a combination of the
following methods:
(a) Fee simple ownership by a unit of government or private non-profit land
conservancy;
(b) Common ownership by Homeowners Association;
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CHAPTER 10 ENVIRONMENTAL PROTECTION
(c) Split deeded ownership by individual property owners within the
development;
(d) By individual private ownership such as a farmer, developer or other
private entity that maintains the open space in accordance with the
purposes of this Section. (i.e. farming, equestrian facility).
(e) Deed restricted open space easements on individual private properties.
(2) The Town Council shall have the authority to accept or reject land dedications
made as a requirement of this Section.
(3) The owner of dedicated open space shall be responsible for the continuing
upkeep and proper maintenance of the same.
(4) In the case of common ownership by a Homeowners Association, the
restrictive covenants shall provide that, in the event the Homeowners
Association fails to maintain the open space according to the standards of this
Ordinance, the Town may, following reasonable notice, demand that
deficiency of maintenance be corrected, or enter the open space to maintain
it. The cost of such maintenance shall be charged to the Homeowners
Association.
(5) The developer shall place in a conspicuous manner upon the Site Plan or Final
Plat of a subdivision a notation concerning control of open space.
(6) The developer will provide proof of registration of the Articles of
Incorporation with the appropriate state agency for the foiliration of the
Homeowners Association to the Administrator.
(7) Homeowners'Associations or similar legal entities that are responsible for the
maintenance and control of open space areas and common areas shall be
established by the developer who shall record in the Register of Deeds a
declaration of covenants and restrictions that will govern the association or
similar legal entity. A copy of the recorded document shall be provided to the
Administrator and such document shall include, but not be limited to, the
following:
(a) Provision for the establishment of the association or similar entity is
required before any lot in the development is sold or any building
occupied and membership shall be mandatory for each homeowner and
any successive buyer.
(b) The association or similar legal entity has clear legal authority to
maintain and exercise control over such common open space areas.
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(c) The association or similar legal entity has the power to compel
contributions from residents of the development to cover their
proportionate shares of the costs associated with the maintenance and
upkeep of such common areas. Further, assessments levied can become
a lien on the property if allowed in the master deed establishing the
homeowners association or similar legal entity.
(d) The open space restrictions must be permanent, not just for a period of
years.
(e) The association or similar legal entity must be responsible for liability
insurance, applicable taxes and the maintenance of open space and other
facilities under their control.
(f) The association or similar legal entity must be able to adjust the
assessment to meet changing needs.
(g) The association shall be responsible for maintaining all public storm
water drainage systems and easements within the development not
being maintained by the Town, County, State or other approved entity.
(8) It shall be expressly stated within the restrictive covenants/homeowners
association documents that it will be the responsibility of the developer or
successors or assigns to enforce such covenants or restrictions until such time
as control has been transferred to the Homeowners Association Board of
Directors. It shall be the sole responsibility of the developer, successor or
assigns to collect any deficiencies prior to transfer of control over to the
Homeowners Association Board of Directors.
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Town of Bermuda Run Zoning Regulations—Amended June 2023