(A) Purpose. The Greenway Overlay District is intended to protect natural resources and allow for the development of a connected, city-wide greenway recreational trail network.
(B) Application.
(1) The Greenway Overlay District shall apply to any parcel that contains areas identified on the Greenway Overlay District Zoning Map.
(a) The Greenway Overlay District is generally intended to include any wetland, stream, or Decorah formation and a 50 foot buffer around said natural feature or as otherwise identified by the City Council.
(b) The Greenway Overlay District also includes 50 foot wide greenways which connect natural features on a site or to the parcel boundary when natural features are located beyond the parcel under development.
(2) Interpretation of the exact boundary shall be made by the Zoning Administrator based on publicly available data, such as the national wetland inventory and public waters inventory, as well as information from the property owner which is prepared and signed by a licensed professional (engineer, surveyor, etc.).
(3) The Greenway Overlay District shall be used with any underlying base zoning district as shown on the Zoning Map.
(4) Unless otherwise exempted, the regulations of this chapter shall be required when any land is subdivided or significant grading of a site is proposed.
(C) Uses allowed. Uses are allowed based on the underlying base zoning district.
(D) Required preservation.
(1) Natural areas, natural area buffers, and greenway connections identified on the Greenway Overlay District Zoning Map shall be, at the discretion of the City Council, either:
(a) Dedicated to the city; or
(b) Preserved within an outlot owned by the homeowners association established as part of the development. The outlot must include an easement that preserves the greenway area and allows for the development of a public recreational trail.
(2) No construction activity shall be allowed within the designated preservation areas, including grading, excavation, or stockpiling of fill materials whether to provide for a building site, on site utilities or services, or for any roads or driveways. In addition to any construction activities specifically allowed by the City Council, the following activities are permitted:
(a) Construction of multi-use trails;
(b) Restoration of previously disturbed or degraded areas to their natural state;
(c) Enhancement of the habitat or natural resource value of the natural area;
(d) Construction needed for emergency public safety; or
(e) Installation of utilities when such installation cannot reasonably occur in other areas and when conducted with sensitivity to natural features.
(E) Required development.
(1) Each development within the Greenway Overlay District shall include a ten foot public multi-use trail.
(2) The multi-use trail shall be located adjacent to or along natural features to the maximum extent possible given site conditions. The trail shall be outside of any required natural resource buffers.
(3) The multi-use trail shall be designed to connect to multi-use trails located immediately adjacent to the proposed development or to align with locations where future trail extensions may occur on adjacent properties.
(F) Credit for preservation.
(1) The portion of the preservation area that shall be credited towards the development’s park dedication requirement is the area that is preserved for the development of a recreational trail. This area shall include the trail corridor. Land required to be preserved based on federal, state or local requirements, including, but not limited to wetlands, streams, steep slopes, and associated buffers shall not be counted towards park dedication.
(2) For the purposes of calculating density as identified in the Byron Comprehensive Plan, the portion of the preservation area that was not credited towards park dedication shall be included as part of the lot area. This calculation shall not include any area that is otherwise required to be preserved based on federal, state or local requirements, including, but not limited to wetlands, streams, and steep slopes.
(Ord. 2023-02, passed 5-9-23)