12-637: DENSITY BONUSES FOR CONSERVATION SUBDIVISIONS:
   A.   Exceptions To Qualifying Subdivisions: All conservation subdivisions shall qualify for bonuses, except:
      1.   Sites within the F and I districts.
      2.   Sites within the S, REC and AV districts where all urban services are not available may qualify for density bonuses only under the following conditions:
         a.   Lots are clustered in a way that allows for the future resubdivision at urban densities and/or permanent common open space. See subsection 12-633I of this subchapter for requirements for development reserve lots, and subsections B through D of this section.
         b.   Dry line sewer and water lines servicing all lots less than one acre in size shall be installed prior to occupancy of the applicable lot's first dwelling unit.
         c.   A sewer management agreement must be incorporated into the final plat requiring that applicable lots be connected to sewer and water systems should those systems be extended to the boundaries of the subdivision. Applicable septic systems and wells must be abandoned once the urban sewer and/or water services are operational.
      3.   Sites where more than fifty percent (50%) of the land includes floodways and wetlands (as determined from a professional wetlands delineation or from the U.S. fish and wildlife service national wetland inventory maps).
   B.   Common Open Space:
   TABLE 6-1
   DENSITY BONUS FOR COMMON OPEN SPACE
   Numbers in parentheses refer to additional
   standards located below the table.
 
Amount Of Common Open Space
(Percent Of Site) (2)
Maximum Percentage Increase In Approved Building Lots (1)
A/F-10, R-5 (3)
A/F-20 And R-10 Districts
S, AV, C, REC And RSC Districts (4)
10 percent - 19 percent
0 percent
0 percent
20 percent - 29 percent
10 percent
Bonus percentage increase equal to percentage of common open space.
30 percent - 39 percent
20 percent
40 percent - 49 percent
30 percent
50 percent - 79 percent
40 percent
80 percent or more
50 percent
 
   Standards:
      1.    To qualify for the full bonus percentages here, the common open space must comply with applicable requirements of subsection 12-256A of this title.
      2.    Common open space percentages may be rounded off to the nearest whole percentage.
      3.    Planned unit development subdivisions shall not exceed 150 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 6-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 12 lots via common open space and other bonus actions.
      4.    Planned unit development subdivisions shall not exceed 200 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 6-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 16 lots via common open space and other bonus actions.
   C.   Density Bonus For Other Actions:
   TABLE 6-2
    DENSITY BONUS FOR OTHER ACTIONS
 
Density Bonus Action
Maximum Percentage Increase In Approved Building Lots
1. Provide subdivision residents with usable access to adjacent lakes, streams or public lands. The access must meet the minimum trail/pathway design standards specified in section 12-625 of this chapter.
5 percent
2. Provide general public with usable access to common open space, adjacent lakes, streams or public lands. (Note: This option is in lieu of, not in addition to, action 1.) The access must meet the minimum trail/pathway design standards specified in section 12-625 of this chapter.
15 percent
3. Provide a sidewalk or pathway system that connects each lot in the subdivision per the design standards in section 12-625 of this chapter.
5 percent if open only to subdivision residents.
15 percent if open to the general public.
4. Provide other public amenities. The board may approve bonus lots for other improvements and amenities, both on and off site, where the applicant can successfully demonstrate that the proposed improvements/amenities benefit the public. See subsections D and E of this section for examples and requirements. Improvements required to mitigate impacts shall not be used to earn bonus lots.
Up to 25 percent
5. Bonus for urban sewer (where not required to achieve given density) (i.e., suburban using "urban sewer" to get to smaller acres)
25 percent
 
   D.   Public Amenities: Below are public amenities that can be provided to obtain a density bonus. All are subject to approval by the board:
      1.   Construct recreational improvements that are available for the use by the general public. Improvements may include, but are not limited to, play fields, picnic shelters, children play areas and indoor recreational facilities. Applicants must successfully demonstrate that the improvements are safe, accessible and desirable to the general public.
      2.   Construct public facilities such as schools, fire stations or libraries. To qualify, the land and/or facilities must be accepted by the applicable public agency. The land itself set aside for such public use shall be considered as common open space for the purposes of obtaining a density bonus.
      3.   Pave roadways (where they are not required to be paved).
      4.   Provide environmental improvements as certified by wetlands, plant or other biologists having expert knowledge of the specific environmental feature. An example could be replacement of nonnative vegetation with native vegetation in common open space areas. Such improvements are particularly desirable in and around wetland areas and designated critical wildlife habitat.
      5.   Provide off site road improvements (above and beyond what is required by board for subdivision approval).
The applicant shall include a cost estimate for the proposed public amenity improvements prepared by a professional construction estimator, registered general contractor, engineer, architect or landscape architect, which shall be submitted with the application. The cost estimate shall be limited to physical improvements, labor and utility costs associated with the proposed public amenity feature.
   E.   Requirements For Density Bonus: To qualify for a density bonus, the proposed public amenity must meet the following requirements:
      1.   Applicants must successfully demonstrate how the improvements benefit the public.
      2.   The percentage of density bonus shall be commensurate with the cost of the applicable improvements per the following scale:
Cost of proposed improvements = $Y
Density bonus = Extra lot or lots* valued at the equivalent of two (2) times the cost of proposed improvements (2 x Y) up to a maximum density bonus of twenty five percent (25%).
*The average value of lots in the proposed subdivision as determined by a state licensed appraiser at the time the application is submitted. The appraised value shall take into account the average size of proposed lots, proposed physical improvements (including proposed amenities), and locational attributes.
For example, if the applicant proposes off site road improvements costing an estimated fifty thousand dollars ($50,000), the applicant is then eligible for a bonus lot or lots equaling up to one hundred thousand dollars ($100,000.00) in assessed value. If a state licensed appraiser concludes that the average market value for one of the proposed cluster lots is fifty thousand dollars ($50,000.00), then the applicant qualifies for up to two (2) additional lots (provided the extra lots do not exceed 25 percent of the total density of the subdivision). (Ord. 501, 11-18-2008)