1165.05 SUSTAINABLE REGULATIONS FOR LARGE SCALE RESIDENTIAL DEVELOPMENTS.
   (a)   Purpose. To provide flexibility in site design and development of land in order to encourage the preservation of the development area's environmental features (i.e., lakes, streams, wetlands, and other natural land features) and to encourage the maintenance of open space. The use of cluster design is strongly encouraged. These regulations shall apply to new construction residential development exceeding two (2) acres in any District.
   (b)   Cluster Design Requirements. Cluster design must meet the following standards:
      (1)   The overall development must comply with the density requirements of the zoning district but the individual lot areas for each building site may be reduced.
      (2)   Development will be permitted in configurations and locations which encourage the preservation of natural resources, including woodlands, water bodies and wetlands, and historical resources.
      (3)   Buildings or clusters of buildings must be separated by greenbelts or other natural features as required by Planning Commission. While such greenbelts may be accessible via bike paths or hiking trails, no development is permitted within these separation areas.
   (c)   Open Spaces Requirements.
      (1)   Thirty percent (30%) of the net area of the development site must be active or passive open space.
      (2)   There shall be a perimeter buffer yard of no less than 50 feet along the edge of the cluster design. No development is permitted in this perimeter buffer yard, which shall remain naturally landscaped. This perimeter buffer yard is included in the required percentage of open space.
      (3)   The following are counted toward the overall open space percentage required:
         A.   Natural water features, wetlands and conservation areas. No more than twenty-five percent (25%) of the required open space area may consist of water bodies, ponds, floodplains or wetlands.
         B.   A trail system connecting open space areas.
         C.   Recreation facilities such as swimming pools, tennis courts, playgrounds and skateparks.
         D.   Hiking trails and fitness courses.
         E.   Parks and playground.
         F.   Greenbelts and greenways.
         G.   Detention/retention areas accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as wetlands or natural water features and are landscaped with native vegetation.
         H.   Botanical gardens, greenhouses and community gardens.
      (4)   The following area shall not count toward the overall open space percentage required:
         A.   Yards on individual lots or yards that are reserved for the exclusive use of an individual property owner.
         B.   Streets, alleys or other public rights-of-way.
         C.   Vehicular drives, streets, and parking, loading and storage areas.
      (5)   A management plan must be prepared and submitted for all common open space. The management plan must be approved by the Planning Director in a form approved by the Law Director.
      (6)   To the extent feasible, developers are encouraged to connect open space with existing or potential open space lands or adjoining parcels and local or regional recreational trails.
   (d)   General Requirements.
      (1)   Buildings shall be located to minimize negative impact on the natural scenic and cultural resources of the site, and conflicts between incompatible uses.
      (2)   Buildings must be sited to:
         A.   Minimize disturbance to woodlands, wetlands, water sheds, grasslands and mature trees;
         B.   Prevent impacts to water sources due to runoff through adequate on-site water management practices; and
         C.   Prevent encroachment on any rare plant communities, endangered species habitants or other environmental feature identified by other county, state or federal agencies.
      (3)   The Development shall comply with all other applicable provisions of the Codified Ordinances including, but not limited to, the Landscaping requirements contained in Chapter 1166 Stormwater Management requirements contained in Chapter 1335; and the Sustainability Guidelines contained in Section 1165.06.
      (4)   No habitable building shall be placed 300 feet from an oil or gas well. For purposes of this section, "habitable building" shall mean any building or structure capable of being inhabited or occupied in any manner by human beings. (Ord. 025-2023. Passed 6-5-23.)