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Subdivision Regulations
Open Space Requirements
The following open space requirements are established by the subdivision and/or
land development regulations of counties in western North Carolina:
City of Asheville – Subdivisions with 8 or more lots must dedicate open space
equivalent to 20% of the total area of the lots. A fee in lieu option is provided.
City of Hendersonville – Subdivisions with 9 or more lots must dedicate open space
equivalent to 10% of the project area.
The Subdivision Ordinance requires all major subdivisions (8 or more lots) to reserve
25% of the project area or develop the subdivision as estate lots (minimum of 3
acre lots). For example, an owner of a 20 acre tract who proposes to subdivide the
tract into 8 lots would have to dedicate 5 acres of the property as open space. After
dedicating the open space, 15 acres would remain for the development of lots and
roads.
Thoughts/items to consider:
• Is the current open space requirement adequate and fair?
• Does the current requirement create a challenge for owners of small parcels (20
-30 acres) who wish to subdivide their property?
• Does the current requirement promote the creation of larger (3 acre+) lots? Is
this good?
• Should the open space provisions of the ordinance provide for a fee in lieu
option?
• Should the creation of graduated open space requirement be considered? Such
an approach would establish a different requirement (percentage of the lot area or
square feet per lot) for different size subdivisions. The categories of subdivisions
would be identified if this approach is investigated further.
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• Provisions for maintenance and ownership of the open space must be identified
and enforced.