A. Uses: All principal and accessory uses authorized in the applicable zoning districts shall be allowed in the conservation subdivision. Uses not authorized by chapter 3 of this title will not be permitted in conservation subdivisions.
B. Development Standards: Development standards in chapter 4 of this title for the applicable zoning district shall apply to all lots in a conservation subdivision, except where otherwise noted in this chapter.
C. Design Standards: Conservation subdivisions are subject to subchapter 6.2 of this title, design standards, except where otherwise noted.
D. Minimum Lot Size: Cluster lots may be smaller than the minimum lot size for the applicable zoning district, provided the following requirements are met:
1. The minimum lot size for lots containing both individual wells and septic within the boundaries of the lot shall be two and one-half (21/2) acres.
2. The minimum lot size for lots containing either individual wells or septic (but not both) within the boundaries of the lot shall be one acre.
3. Lots may be smaller than the minimum sizes in subsections D1 and D2 of this section, provided water and sewage disposal provisions are provided within common areas via utility easements.
E. Suitable Land: Cluster lots are encouraged to be located on land most suitable for residential development. For example, where the site contains floodplains and/or wetlands, such floodplains and/or wetlands are encouraged to be designated as common open space.
F. Further Subdivision Of Cluster Lots: Cluster lots in a conservation subdivision may not be further subdivided except where in compliance with this title. For example, if a forty (40) acre conservation subdivision in the R-10 zoning district contains 4 two (2) acre lots and a thirty two (32) acre common open space is rezoned to R-5, each of the four (4) cluster lots may be split into two (2) lots to achieve maximum density per the R-5 standards, pursuant to the procedures set forth in this chapter. However, notes on the final plat as approved by the board may include other restrictions on future subdivision of the lots.
G. Wells, Sewage Disposal Facilities Within Common Open Space: Individual and/or common wells and sewage disposal facilities may be provided within designated common open space areas to allow for maximum efficiency of cluster lot design and minimize potential negative impacts to the environment. Applicable easements for the facilities shall be shown on the final plat.
H. Preservation Of Common Open Space: Common open space shall be preserved as permanent open space, except where otherwise noted in this title, and subject to the following standards:
1. A management plan is required for the designated common open space. The plan shall be submitted and approved with the preliminary plat application. The plan shall include all of the following items:
a. Details concerning ownership, tax liability and responsible parties for maintenance of open space.
b. Use of the designated common open space shall be in accordance with this title.
c. Details concerning permanent protection of open space.
d. Details on maintenance of the open space, including control of noxious weeds.
e. Any construction activities (trails, fencing, agricultural buildings) and vegetative clearing that may occur on site.
2. All subsequent activities must be conducted in conformance with the approved open space management plan. Open space management plans may be modified through amendment procedures for a plat alteration, but in no case shall perpetually dedicated open space be revoked.
3. The open space management plan, as described above, shall be referenced on the face of the final plat and shall be filed as a title notice.
I. Unavailable Urban Services: For conservation subdivisions in the suburban, commercial, industrial, recreation, rural service center or alpine village zoning districts where all urban services are not available, land may be set aside for future development as a "development reserve lot" if and when the applicable urban services become available. Such a lot may be privately owned or collectively owned by the owners of all subdivision lots. See subsection 12-637A2 of this subchapter for related density bonus provisions. Specific requirements for development reserve lots:
1. For such conservation subdivisions, the following title notice shall be filed on the property and adjacent properties within the plat and the wording shall additionally be placed on the face of the plat:
Lot , Block , of is a development reserve lot reserved for future development when urban services become available. Future development of this parcel may include uses permitted in the applicable zoning district. The lot is not intended to be preserved in perpetuity as open space, as indicated by the consent(s) to plat recorded at Instrument # .
2. Applicants shall submit a sketch of a prospective future street system and lot layout on development reserve lots to demonstrate that the land can be subdivided in conformance with the design standards of this title.
J. Conservation Lot As Alternative: As an alternative to designated common open space, applicants may choose to include a large "conservation lot" that is privately owned and maintained. A conservation lot may incur a dwelling unit, provided it counts against the overall density of the subdivision.
K. Buffering, Clustering: Clustered lots shall be accessed by interior road systems. To the maximum extent possible, cluster lots shall be located so that common open space provides a buffer between the cluster lots and adjacent properties and/or right of way. When this is not possible, the development shall be designed to provide at a minimum one of the following:
1. Cluster lots that abut surrounding properties or right of way shall be at least seventy five percent (75%) of the minimum lot size standard for the subject parcel.
2. Cluster lots that abut surrounding properties or right of way shall be separated from adjacent properties or right of way by a minimum buffer strip of one hundred feet (100'). At a minimum, proposed or existing landscaping and vegetation within the buffer strip shall be of sufficient size and type to provide a buffer of vegetation six feet (6') in height and fifty percent (50%) opaque year round within three (3) years of planting. New landscaping materials shall consist of a combination of native trees and shrubs, as provided in appendix B of this title. Variations to these standards may be permitted where the applicant can demonstrate that unique topographic conditions provide sufficient buffering, such as intervening waterways, ridges or ravines or other land features. (Ord. 501, 11-18-2008)