synapse of the dilemma;
A1 land use (farm)approved for a cluster subdivision (40% sacrificed for open land spaces) for clustering of SFD's. Site plan approved with that condition. Open land spaces were for the community and with equal access, 8' pedestrian pathways between the parcels (OLS). So whether you have only the 1 1/2 acre building lot only or if your lot abuts the OLS, everyone has equal access to the open land spaces, county approved it this way. Owner of the land and by proxy to the open land spaces, since no one owns the OLS at that time in the subdivision, the owner creates a declarant to the affect of doing what was stated above, all could use, can have a barn of certain colors, gardening, chickens without roosters and so on with the most important part. no denuding within 15 feet of abutters property line, a permit for denuding more than 30% required. All good until the owner creates another declarant and basically abolishes everything that he original declarant required and including what was originally approved by the county and sells the OLS to each owner whose lot abut s the OLS.
By nullifying the declarant and the approved development plan, it as in affect removed all the requirements for open land space preservation and the purpose for clustering of homes in a subdivision to begin with.
Is it legal now?
Farm turned into cluster subdivision, back into farm, one owner has 8.5 acres of open land space all to his self, a far cry from the original approved plan....
A1 land use (farm)approved for a cluster subdivision (40% sacrificed for open land spaces) for clustering of SFD's. Site plan approved with that condition. Open land spaces were for the community and with equal access, 8' pedestrian pathways between the parcels (OLS). So whether you have only the 1 1/2 acre building lot only or if your lot abuts the OLS, everyone has equal access to the open land spaces, county approved it this way. Owner of the land and by proxy to the open land spaces, since no one owns the OLS at that time in the subdivision, the owner creates a declarant to the affect of doing what was stated above, all could use, can have a barn of certain colors, gardening, chickens without roosters and so on with the most important part. no denuding within 15 feet of abutters property line, a permit for denuding more than 30% required. All good until the owner creates another declarant and basically abolishes everything that he original declarant required and including what was originally approved by the county and sells the OLS to each owner whose lot abut s the OLS.
By nullifying the declarant and the approved development plan, it as in affect removed all the requirements for open land space preservation and the purpose for clustering of homes in a subdivision to begin with.
Is it legal now?
Farm turned into cluster subdivision, back into farm, one owner has 8.5 acres of open land space all to his self, a far cry from the original approved plan....