RCDDO Residential Conservation Development District Overlay is a form of land development in which principal buildings and related structures are grouped together on a site, thus saving the remaining land area for such uses as common open space, conservation, recreation, and public and semi-public uses. RCDDO Residential Conservation Development District Overlay has a number of distinct advantages over conventional subdivision development. A well-planned conservation development district concentrates dwelling units on the most buildable portion of the site and preserves natural drainage systems, vegetation, open space, slopes, and other significant natural features that help control stormwater runoff and soil erosion. Conservation of land can be achieved by the reduction in street lengths and utility installations. Additional savings can be realized in street and utility maintenance. Concentrating the dwelling units also enhances the sense of community, promoting social interaction among neighbors. A RCDDO Residential Conservation District Overlay conveys land for conservation purposes, open space, recreation, or other purposes.
(A) Purpose.
(1) It is the purpose of this section to permit a RCDDO Residential Conservation Development District Overlay in order to:
(a) Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;
(b) Protect environmentally sensitive areas of a development site and to preserve on a permanent basis open space, natural features, and prime forest or scenic lands;
(c) Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development;
(d) Promote conservation through infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines need to be extended or by reducing the width or length of streets; and
(e) Provide opportunities for social interaction and walking and hiking in open space areas.
(B) Definitions. As used in this section, the following words and terms shall have the meanings specified herein.
BUFFER. Land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMMON FACILITIES. All the real property and improvements set aside for the common use and enjoyment of the residents of a Residential Conservation Development District Overlay, including, but not limited to, buildings, open space, private streets, parking areas, walkways, recreation areas, drainage easements, and any utilities that service more than one unit, such as sewerage and water supply facilities.
COMMON OPEN SPACE. Undeveloped land within a Residential Conservation Development District Overlay that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside in perpetuity as open space. Common open space shall not be part of individual residential lots, and shall only contain those structures and facilities as are shown as specifically approved by the Planning Board and as shown on the approved development plan. This area may include wetlands, floodplains or flood-hazard areas, river or stream corridors, prime forest lands, habitats of endangered wildlife, as identified on applicable federal or state lists, scenic views, historical or cultural features, archaeological sites, or other elements to be protected from development, as well as easements for public utilities.
CONCENTRATING. A site-planning technique that concentrates buildings and structures in specific areas on a lot, site, or parcel to allow the remaining land to be used for recreation, open space, and/or preservation of features and/or structures with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings may include, but shall not be limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open space being devoted by a conservation easement, dedication to an approved organization, or other means acceptable to the Planning Board.
CONSERVATION DEVELOPMENT, RESIDENTIAL. A land development project in which the site planning technique of concentrating dwelling units is employed.
CONSERVATION EASEMENT. The grant of a property right or interest from the property owner to an agency, unit of government, or approved organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future or additional development.
DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill or land disturbance; and/or any change in use, or alteration or extension of the use of land.
GROSS AREA. The total area of the site, including the net buildable area and public rights-of-way.
INFRASTRUCTURE. The facilities and services needed to sustain residential development, and other related activities.
LAND DEVELOPMENT PROJECT. RCDDO Residential Conservation Development District Overlay is a form of land development in which principal buildings and related structures are grouped together on a site, thus saving the remaining land area for such uses as common open space, conservation, recreation, and public and semi-public uses. RCDDO Residential Conservation Development District Overlay has a number of distinct advantages over conventional subdivision development. A well- planned conservation development district concentrates dwelling units on the most buildable portion of the site and preserves natural drainage systems, vegetation, open space, slopes, and other significant natural features that help control stormwater runoff and soil erosion. Conservation of land can be achieved by the reduction in street lengths and utility installations. Additional savings can be realized in street and utility maintenance. Concentrating the dwelling units also enhances the sense of community, promoting social interaction among neighbors. A RCDDO Residential Conservation District Overlay conveys land for conservation purposes, open space, recreation, or other purposes.
LOT. Either:
(a) The basic development unit for determination of area, depth, and other dimensional variations; or
(b) A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or recorded map, and recognized as a separate legal entity for purposes of transfer of title.
NET BUILDABLE AREA. The portion of the Residential Conservation Development District Overlay that may be developed or used, whether publicly dedicated or private, but excluding private streets, public streets, and other publicly dedicated improvements.
NONPROFIT CONSERVATION ORGANIZATION. A nonprofit corporation, charitable trust, or other nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which includes the "acquisition of property or rights in property for conservation purposes" as part of its mission, as reflected in the bylaws, charter, or incorporation papers of the organization.
RESIDENTIAL CONSERVATION DEVELOPMENT. A land development project in which the site planning technique of concentrating dwelling units is employed.
SITE PLAN. The development plan for 1 or more lots on which is shown the existing and/or the proposed conditions of the lot.
STREET, PRIVATE. A local roadway serving only abutting lots, not publicly dedicated or maintained by the public, but meeting specific municipal improvement standards, and providing access for service and emergency vehicles.
STREET, PUBLIC. All public property reserved or dedicated for street traffic.
STRUCTURE. Anything constructed or erected that requires location on the ground or attached to something having location on the ground.
(C) Overview. The concept of a Conservation District Overlay Ordinance is to preserve the ecologically sensitive, ecologically valuable, unique, scenic, mountain vista, specimen vegetation, potentially unstable or otherwise valuable or potentially hazardous property. In doing so, therefore the land upon which the structures are placed should be land that is not ecologically valuable, should not be land that is heavily forested, and should be land that is relatively level and the development of structures does little ecological damage. Therefore, in addition to applying the above criteria, the following shall be utilized:
(1) Review. In addition to the application information required for subdivision review, the area of land that is to be considered for development of housing units and any accessory uses or accessory structures must include the following information:
(a) A site plan which includes the boundaries and acreage of the land that is to be considered for development of housing units and any accessory uses or accessory structures, showing the scale and contour interval, existing and proposed contours, limit and area of grading, and percent of site to be graded;
(b) Average natural slope calculations which include the average natural slope in percent, contour intervals of 5 feet or less, individual and total length of contour lines in feet and area of the parcel in acres;
(c) An analysis of the character of the land that is to be considered for development of housing units and any accessory uses or accessory structures which shall be used to determine that the subject land is among the least desirable for preservation purposes, having a relatively level character, and substantially low value for retention of existing vegetation; and
(d) Other information or descriptions or maps which may be requested by the Zoning Administrator, and/or the Chimney Rock Village Planning Board to address concerns regarding geologic hazards, soil stability, building-to-site relationships, and similar characteristics.
(2) Issuance of permit. No land disturbance permit or any other permit which would permit development of the site shall be issued for a plot of land or subdivision which meets the standards set forth in the definition of land that is to be considered for development of housing units and any accessory uses or accessory structures until the subdivision plat review has been completed.
(D) Applicability. An application shall be made to the Chimney Rock Village Planning Board for determination that the parcel contains significant natural or unique features for consideration to warrant application of the RCDDO Residential Conservation Development District Overlay. Significant natural features may be steep slopes, potentially unstable soils, rock outcroppings, ravines, creeks, branches, waterfalls, heavily forested lands, lands containing unique or unusual plant species, special agricultural lands, historical sites, wetlands, marshes, and other similar geological or hydrological unique features. The RCDDO Residential Conservation Development District Overlay may only be utilized for single family residential structures and their accessory uses. The determination to permit the use of the parcel under the regulations of the RCDDO Residential Conservation Development District Overlay shall be in the sole judgment of the Chimney Rock Village Planning Board after public notice and public hearing conducted for that purpose. Authorization of the RCDDO Residential Conservation Development District Overlay is through the Zoning Ordinance and implementation of the RCDDO Residential Conservation Development District Overlay is through the Subdivision Regulations.
(E) General provisions.
(1) A Residential. Conservation Development District Overlay use shall be permitted in the following zoning districts pursuant to this chapter LR Low Residential District; HZ Holding Zone District when utilized for single family dwellings; and upon approval of the Planning Board after due public hearings. The Planning Board shall permit the utilization of the Residential Conservation Development District Overlay use only after the public hearings which shall include notification to all properties located within 500 feet. The applicant shall provide a certified list prepared by an individual capable to prepare such a list of properties owners as listed on the Rutherford County tax rolls.
(a) All principal and accessory single family residential uses authorized in the applicable residential zoning district shall be allowed in the Residential Conservation Development District Overlay use, with the exception no home occupation uses shall be permitted and that no residential unit shall be rented or leased on a short term basis for a period less than 180 days.
(b) Maximum building height shall not exceed 2 stories. If a basement foundation is utilized, it shall not be considered a story if it is constructed substantially below grade.
1. Basement: A building story which is partly or wholly underground with more than one-half its height below the average level of the adjoining ground.
2. Story: A set of rooms on the same floor or level; a floor; or the space between 2 floors.
3. Building height: The distance measured from the highest ground level at the structure foundation to the highest point of the roof.
(c) A minimum of 2 onsite parking spaces shall be provided for each unit. All required parking spaces shall be accessed without backing out or over another required parking space.
(2) The following provisions shall apply to any Residential Conservation Development District Overlay, regardless of the general requirements of the applicable residential zoning district:
(a) The minimum area of the Residential Conservation Development District Overlay shall be 10 acres.
(b) No minimum width or depth of a lot shall apply.
(c) A minimum separation of 15 feet shall be provided between all principal buildings and structures.
(d) The minimum setbacks as required by the LR Low Residential District as set forth in the zoning regulations shall apply, except as set forth in division (K) below.
(e) A minimum yard or common open space of a least 50 feet in depth shall be provided, as measured from the entire Residential Conservation Development District Overlay boundary, in which shall contain no buildings or related structures, but such space may be contained within a lot.
(f) Each lot shall have a minimum access width of 12 feet to a street. Such access may be shared with other lots, provided that such access way does not restrict parking criteria and maneuverability for any site.
(g) In any instance, not less than 50% of the site shall be conveyed as common open space in the manner provided for in division (L) below. The applicant shall make an effort to work with the Planning Board to achieve the greatest possible amount of land preserved for conservation purposes.
(F) Calculation of permitted number of dwelling units.
(1) The maximum number of dwelling units proposed for a Residential Conservation Development District Overlay shall not exceed the number of dwelling units otherwise permitted for the residential zoning district should the parcel be developed under conventional LR Low Residential District regulations.
(2) The number of permitted dwelling units on a site shall be calculated in the following manner.
(a) Measure the gross area of the proposed Residential Conservation Development District Overlay site in acres and tenths of an acre.
(b) Prepare a sketch plan, for Planning Board Staff review, utilizing the lot area requirements of the LR Low Residential District, which equates lot area to the slope of the adjacent road.
(c) This figure shall be rounded to the nearest lower number to establish the maximum number of dwelling units to be permitted in the Residential Conservation Development District Overlay.
(d) In any instance, the total number of dwelling units permitted shall not exceed 1 unit per 2 acres of gross area.
(G) Architectural review. The applicant shall present to the Chimney Rock Village Planning Board a comprehensive site plan, plot plans showing proposed building envelopes, landscaping provisions, common open space provisions, onsite parking locations, provisions for guest parking, solid waste disposal, and any other design features that would enable the Planning Board to adequately comprehend the site's concentration of the dwelling units.
(H) Contents of site plan.
(1) The preliminary and final site plan for a Residential Conservation Development District Overlay shall include, but shall not be limited to, the following information:
(a) The maximum number and type of dwelling units proposed.
(b) The areas of the site on which the dwelling units are to be constructed and their size (this may take the form of the footprint of the dwelling unit or a building envelope showing the general area in which the dwelling unit is to be located).
(c) The calculations for the permitted number of dwelling units, derived pursuant to division (F) above.
(d) The areas of the site on which other proposed principal and accessory uses may be located and their size.
(e) The areas of the site designated for common open space and their size. No area may be less than 1,000 square feet, unless approved by the Planning Board.
(f) The areas of the site designated for parking and loading and the size of individual spaces.
(g) The number of dwelling units.
(h) The location of sidewalks, walking trails, and bike paths; if provided.
(i) Provisions for landscaping and screening, solid waste, etc.
(I) Procedures for review. The Planning Board shall review and may approve a Residential Conservation Development District Overlay and any amendments thereto as a land development project in the manner provided for in the Chimney Rock Village Code of Ordinances, together with any ordinances and regulations adopted as amendments thereto.
(J) Review criteria.
(1) In reviewing a Residential Conservation Development District Overlay, the Planning Board shall determine whether:
(a) The site plan satisfies the intent and the requirements of the Overlay Ordinance;
(b) Buildings and structures are adequately grouped so that the greater percent of the total area of the site is set aside as common open space to be set aside for conservation purposes, unless a variance is granted by the Planning Board. To the greatest degree practicable, common open space shall be designated as a single block and not divided into unconnected small parcels located in various parts of the development;
(c) The site plan establishes, where applicable, an upland buffer of vegetation of at least 25 feet in depth adjacent to wetlands and surface waters, including rivers, creeks, streams, springs, lakes, and ponds;
(d) Individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography;
(e) Existing scenic views or vistas are permitted to remain unobstructed, especially from streets;
(f) The site plan accommodates and preserves any features of historic, cultural, or archaeological value;
(g) Floodplains, wetlands, and areas with slopes in excess of 20% are protected from development where possible; and
(h) The Residential Conservation Development District Overlay advances the purposes of this section as stated in division (A) above.
(2) The Planning Board may, in its opinion, apply such special conditions or stipulations to its approval of a Residential Conservation Development District Overlay as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of the Comprehensive Plan, and the Zoning Ordinance and Subdivision Regulations.
(3) If the Planning Board finds that the requirements of this section are satisfied, it may approve the Residential Conservation Development District Overlay, subject to any special conditions or stipulations pursuant to division (J)(2) above, and any reductions (and/or waivers or variances) pursuant to division (K) below.
Note: While review criteria are intended to guide the Planning Board in the evaluation of the proposed Residential Conservation Development District Overlay, the Planning Board may wish to engage the services of an experienced professional planner to review the proposal and advise the Planning Board on necessary design changes, if the Board does not have such services available at a staff level. The cost of the professional planner shall be reimbursed to the village by the applicant prior to granting final approval of the project.
(K) Reduction (and/or waiver) of certain physical design requirements.
(1) In approving a Residential Conservation Development District Overlay, the Planning Board may allow the reduction of the right-of-way width and/or the pavement width of any private streets that would otherwise be required by the subdivision regulations or other design specifications for roads.
(2) An applicant who wants the reduction of the right-of-way width and/or pavement width of private streets as provided for in division (K)(1) above, shall submit a statement of justification for the request for a waiver or reduction along with the site plan.
Note. If a street proposed in a Residential Conservation Development District Overlay is to be used as a connector from an adjoining development or as a through street, it is probably not a candidate for a reduction in width. A reduction or waiver will be determined on a case-by-case basis.
(3) In approving a Residential Conservation Development District Overlay, the Planning Board may allow the reduction of the minimum setbacks as required by the LR Low Residential District as set forth in the Zoning Regulations, in addition to allowing the reduction of the right-of-way width and/or the pavement width of any private streets or other design specifications for roads.
(L) Conveyance of open space.
(1) Open space provided by a Residential Conservation Development District Overlay shall be designated and protected as permanent open space in a form approved by the Village Attorney and can be conveyed as follows:
(a) To a nonprofit organization whose principal purpose is the conservation of open space. The conveyance shall be approved by the Chimney Rock Village Council and shall be in a form approved by the Village Attorney.
(b) To Chimney Rock Village and to be accepted by the Chimney Rock Village Council for park, open space, or other specified use or uses, provided that the conveyance is approved by the Chimney Rock Village Council and is in a form approved by the Village Attorney.
(2) In any case, where the common open space in a Residential Conservation Development District Overlay is conveyed pursuant to division (L)(1)(a) above, the Chimney Rock Village Council may require that a deed restriction enforceable by the Chimney Rock Village Council shall be recorded that provides that the common open space shall:
(a) Be kept in the authorized conditions as set by the Chimney Rock Village Council; and
(b) Not be developed for principal uses, accessory uses (e.g., parking), or roadways or any other use not specifically authorized by the Chimney Rock Village Council.
(Ord. passed 10-16-2007; Am. Ord. passed 8-15-2023)