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Michael Harvey said developers have the right to bring forth a conventional subdivision
design but it may not successfully obtain a staff or Planning Board recommendation.
Commissioner Jacobs said the County can state its design preference and the flexible
model was promoted and encouraged in the rural character study.
Michael Harvey said in his tenure at Orange County, he has mostly seen either flexible
development subdivisions with open space or the conservation subdivision. He said until 2013,
the Joint Planning Agreement did not allow clustering in the northern portion of the rural buffer.
Chair McKee said historically, the buyer’s preference was for a large lot configuration
with clearly identified corners. He asked if there has been a transition in what buyers are
wanting.
Michael Harvey said possibly but he believes the biggest issue is cost. He said the
conventional model requires greater expense by the developer and greater adherence to
separate development regulatory standards.
Commissioner Rich asked if the open space needs to be maintained.
Michael Harvey said yes. He said if a storm comes through and knocks down trees
there is an obligation to reestablish the required buffers and open space.
Commissioner Dorosin asked if there is a density bonus.
Michael Harvey said the only recognized density options are for affordable housing or if
a greater area of open space if preserved. He said density bumps are not allowed in protected
watershed areas as density is already set. He said density bumps are also not allowed in the
northern part of the rural buffer as density is set by the joint planning land use plan and
agreement.
Commissioner Dorosin asked if density bumps are not allowed anywhere in the rural
buffer.
Michael Harvey said correct.
Commissioner Dorosin said it is cheaper for developers to do this but the end result is
very expensive housing.
Commissioner Jacobs said there are different kinds of open space. He said the rural
character study recommended 1.94 acre zoning throughout the County, which is the average lot
size in Orange County.
Commissioner Jacobs said water and sewer management can be tricky but there are
some ideas about this in the rural character study.
Commissioner Dorosin asked if there are consequences when a homeowners’
association fails to maintain the open space, a stormwater system, etc.
Commissioner Jacobs said to call Michael Harvey. He added that he wanted the County
to review homeowners’ agreements to insure that such problems are avoided.
Commissioner Rich said she lives in a neighborhood with dedicated open space which
the entire community commits to maintain with twice annual workdays. She asked if farms can
be counted as open space.
Michael Harvey said farms can be counted as part of secondary open space in flexible
development projects.
Commissioner Jacobs said it may be something as simple as hay fields but it can lead to
potential revenue.
Commissioner Price referred to the discussion between conventional and flexible
models. She said there are developers that are happy with the flexible model and others that
were not, as it reduced the number of homes they could build in the development due to septic
issues.
Commissioner Jacobs said some subdivisions use the open space as secondary septic
areas which allows for no loss in density.
Commissioner Pelissier asked if any changes were made to septic rules, would there be
any benefit to changing the rule for minor subdivision with five lots or less.