A.
Purpose and applicability; requirement of conservation
analysis.
(1)
The purpose of this Article V is to preserve large tracts of open space land in order to maintain the rural appearance and environmental resources of the Town of Gardiner. Article V offers development alternatives to landowners that avoid the land-consumptive pattern of conventional subdivision (see definition in § 220-74). To avoid this pattern, which conflicts with the goals of the Gardiner Comprehensive Plan, the Town of Gardiner encourages three preferred development options: open space development, transfer of development rights, and flag lots. The Town discourages conventional subdivisions that would detract from the Town's rural landscape and natural resources.
(2)
Any applicant for a major subdivision in the RA District or for a major or minor subdivision in the SP District shall first submit to the Planning Board a conservation analysis as described in § 220-20A below. The Planning Board may also, in its discretion, require a conservation analysis for a minor subdivision in the RA District.
B.
Open space development. The Town encourages open space developments as an alternative to conventional subdivisions. In open space developments, units are clustered or sited on those portions of a property most suitable for development, while leaving substantial portions as undeveloped open space. Open space developments may include a variety of lot sizes, ranging from large farm or estate lots to small hamlet-size lots. (Minimum lot size requirements are contained in § 220-11D.) Open space development results in the preservation of contiguous open space and important environmental resources, while allowing compact development, more walkable neighborhoods, and more flexibility than conventional subdivisions. Open space developments must satisfy the standards in § 220-20.
C.
Transfer of development rights. Transfer of development rights is similar to open space development in preserving contiguous open space and allowing clustering of units on land most suitable for development. It differs from open space development in allowing the open space land and the developed land to be on different noncontiguous parcels, a "sending parcel" and a "receiving parcel." See § 220-22.
D.
Flag (rear) lots. Flag lots are lots where most of the land is set back from the road and access is gained through a narrow access strip. Where carefully planned, flag lots can enable landowners to develop interior portions of parcels at low density and low cost, preserving roadside open space, and avoiding the construction of expensive new Town roads. For regulations on flag lots, see § 220-23. Flag lots are not permitted in the SP District.
E.
Small-scale development. Small-scale development is any development of land in the RA District that results in the creation of no more than two new residential lots (excluding the parent parcel from which they are subdivided, which constitutes a third lot), subject to the requirements in § 220-24. Small-scale development also includes the development of residential lots that existed prior to the enactment of this chapter and do not meet the dimensional standards for a conventional subdivision in this chapter. This option is designed to minimize the burden and cost of development for landowners building on existing lots or creating only a small number of new lots. Small amounts of such development on a portion of a larger parcel, when combined with a Town program to preserve open space, enable the Town to preserve its rural character and natural environment while allowing some small lot development. See § 220-24.