(A) Conservation Development District. An area of land that has been zoned as a Conservation Development District Overlay zone as set forth in the Chimney Rock Village Zoning Ordinance, is considered a subdivision and is thus subject to these regulations. All requirements of this subdivision ordinance are applicable to conservation development district subdivisions, unless specifically exempted by this section. The following standards and review procedures shall apply to conservation development district subdivisions.
(B) Purpose. Conservation development district overlay zoned subdivisions under these provisions are intended to promote imaginative, well-designed subdivisions which preserve common open areas in return for reduced individual lot area, and which encourage a more cost effective approach to housing development.
(C) Density. A conservation development district zoned subdivision shall not contain a greater number of lots than would be allowed in a conventional subdivision allowed for that subdivision were it to be developed without a conservation development district overlay.
(D) Utilities. In any proposed conservation development district zoned overlay subdivision, each proposed building lot shall be provided with safe and adequate water and sewerage service. Approval for each lot in the proposed subdivision shall be provided in writing from the local and/or state agencies required to approve the proposed systems or facilities.
(E) Minimum lot area. Within a conservation development district overlay zoned subdivision, the area of individual lots designed for building sites, as determined in § 154.086, may be reduced provided:
(1) Utilities can be provided in accordance with requirements in this chapter; and
(2) Common areas for conservation development or open space are provided within the conservation development district overlay zoned subdivision in an amount at least equivalent to the total reduction in lot sizes. In no case shall the common area be less than 50% of the total conservation development district acreage.
(F) Yard requirements.
(1) For conservation development district overlay zoned subdivisions, the Planning Board may allow the reduction of the minimum yard requirements as set forth in the Zoning Regulations.
(2) Yards abutting the perimeter of the subdivision boundaries shall have a minimum depth of 50 feet in which no buildings or related structures shall be constructed.
(G) Lot width and depth. There are no minimum lot width or depth requirements in a conservation development district overlay zoned subdivision.
(H) Common areas. Common areas are to be designated in the conservation development district overlay zoned subdivision for the purpose of providing common open space and related uses for the common areas retained by the lot owners.
(I) Ownership and maintenance of common areas and facilities retained by the lot owners. All common areas and facilities, including but not limited to, land, structures and facilities to be held and used in common by the lot owners shall be conveyed to an association of the owners of the lots. Within the conveyance, provisions for maintenance and repair of the land and facilities retained by the lot owners shall be stipulated. The conveyance shall also provide mandatory membership of all present and future lot owners and shall also provide for a levy against all lot owners within the development for the maintenance and repair of common areas and facilities retained by the lot owners. All such conveyance and covenants shall be stipulated. All such conveyance and covenants shall be made a part of the subdivision review process and shall be approved as to form and content by the Village Attorney.
(J) Plat requirements. In addition to the procedure and information required in §§ 154.040 et seq., the preliminary and final plats shall also require the following:
(1) The term “Conservation Development District Subdivision” shall be placed in the title block.
(2) Designation on the plat for any common areas to be retained by the lot owners and specific descriptions for their proposed use.
(3) Designation of all streets, facilities and utilities which are to be owned and maintained in common by the lot owners.
(4) The size of each lot in square feet shall be shown on the final plat. The size of all common areas and conservation areas in square feet or acres shall be designated on the plat.
(2002 Code, Art. VII, § 707) (Ord. passed 4-1-1985; Am. Ord. passed 10-18-2005; Am. Ord. passed 10-16-2007)