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Warner voters adopt new Open Space Development rules to guide subdivision design
Summary
Town Meeting replaced the Cluster Development rules with a new Open Space Development Article XIV (per RSA 674:21‑I), setting minimum parcel thresholds, density tied to "Buildable Area," minimum common open-space percentages, and ownership/maintenance requirements; the measure passed (YES 448 NO 204).
Warner voters on March 9 approved a comprehensive Open Space Development ordinance that replaces the town’s existing cluster subdivision rules and establishes new standards for major residential subdivisions.
The measure, enacted as Article XIV and adopted in accordance with RSA 674:21‑I, sets minimum parcel sizes for subdivision eligibility (typically 12–20 acres by zone), ties buildable-unit density to the parcel’s "Buildable Area" (for example, one dwelling per two acres in R‑2), and requires that a minimum percentage of each project be preserved as common open space, at least 25% of which must be buildable area. The ordinance also prescribes minimum frontage, lot area and yard dimensions and limits density and lot sizes by zone.
Why it matters: the new rules are intended to protect Warner’s rural character, safeguard environmentally sensitive areas (wetlands, steep slopes, floodplains) and encourage clustered development that leaves large contiguous conserved tracts. The article explicitly directs developers and the Planning Board to plan for open-space ownership and long‑term maintenance through mechanisms such as homeowners’ associations, conservation easements, fee simple dedication to a nonprofit, or town-held restrictions.
The ordinance includes detailed procedures for ownership and perpetual maintenance of common open space, requiring documentation and review by legal counsel, the Central New Hampshire Regional Planning Commission, and the Warner Conservation Commission before subdivision approval. It also lists exceptions (for example, certain small-acreage subdivisions and large-lot rural subdivisions) and density formulas that differ by zoning district (R‑2, R‑3, OC‑1, OR‑1).
Supporters argued the change implements the town Master Plan and preserves scenic and ecological resources while allowing flexible design for clustered housing. The measure passed by voice vote recorded in the minutes as YES 448 NO 204.
The Planning Board will be responsible for administering the new provisions at the subdivision review stage; the article requires recorded deed restrictions or conservation easements when appropriate. The ordinance text and the Planning Board’s explanatory materials were available at the Planning Board and Selectmen’s offices and at the polls on Election Day.
Next steps: subdivision applicants subject to Article XIV must provide the ownership and maintenance plan for common open space at the time of plan submission; the Planning Board and town counsel will review those materials before approval.
