(A) Development yield. All conservation subdivisions shall meet or exceed the following standards.
(1) Land suitability. No land shall be developed which is held to be unsuitable for any proposed use if identified as being environmentally sensitive. Areas determined to be environmentally sensitive may be included as common open space, but shall not be included in the development yield analysis. Areas identified as being environmentally sensitive include, but are not limited to:
(a) All areas designated as 100-year floodplain by the Federal Emergency Management Agency (FEMA);
(b) All wetlands, including a 30-foot buffer;
(c) All areas having slopes greater than 12%;
(d) All areas within 30 feet of the top or toe of a bluff; and
(e) All areas within 30 feet of either edge of a drainageway. If the edges of a drainageway cannot be clearly established, the area defined as environmentally sensitive shall include all areas within 50 feet of the centerline of the drainageway or all areas that have a slope greater than 12% extending from the centerline, whichever is more restrictive.
(2) Development yield. The applicant shall submit a table showing the maximum number of dwelling units that would be permitted in the underlying zoning district where the parent parcel is located. Where the parent parcel encompasses multiple zoning districts, the maximum number of units shall calculate the allowable density for each district separately, consistent with the minimum lot size, lot widths, setbacks and other provisions of this chapter. Land that is considered undevelopable, as described in division (A)(1) above, shall be excluded from the development yield analysis. The total number of units provided for within the development shall not exceed the amount calculated in the development yield.
(B) Design criteria. The following design criteria shall apply to all conservation developments.
(1) Minimum lot size and width. None, subject to compliance with applicable standards for sewage disposal and the provision of water.
(2) Setbacks. All structures within the development shall maintain, at a minimum, a 50-foot buffer along the perimeter of the development parcel, so as to provide screening and buffering of the residential development on the development parcel.
(a) Individual dwellings shall be separated by a minimum of ten feet from other dwelling.
(b) Accessory buildings, unless attached as an integral part of the dwelling, shall be separated by a minimum of ten feet from dwellings and other accessory buildings.
(c) The Planning Commission may establish setbacks, as necessary to buffer agricultural, forestry and water-use activities from residential uses.
(d) Larger setbacks may be required to provide safe distances between highways and development on the parcel or when otherwise determined necessary by the city to protect public health, safety or welfare.
(3) Maximum impervious coverage. The development shall be configured so as to minimize the amount of impervious surfaces. The maximum impervious coverage allowed, as measured across the whole of the development, shall be restricted as in the underlying zoning district. When a parent parcel involves multiple zoning districts, allowable impervious coverage in one district may be partially or entirely transferred to another part of the parent parcel, as allowed by the Planning Commission.
(4) Lots. Lots shall be configured to minimize the amount of road length required for the development.
(5) Losses minimized. Individual lots and the overall development envelope shall be configured to minimize the loss of woodlands and other natural habitats.
(6) Usable area. If agricultural uses are being maintained, lots shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.
(7) Open space. All lots within a neighborhood shall abut open space on at least one side. A local street may separate lots from the open space.
(8) Key features. Lots shall be oriented around a key feature, including one or more of the following:
(a) A central green or square that is landscaped and/or has a functional purpose for the residents living nearby, including, but not limited to, shared mailboxes, a small park, a gazebo or benches.
(b) A physical amenity such as a meadow, a stand of trees or some other natural or restored feature.
(9) Development envelopes. Development envelopes should not be located on ridges, hilltops, bluffs, along peripheral public roads or in other visually prominent areas.
(10) Solar gain. Residential structures shall be oriented, whenever practical and consistent with other requirements of this chapter, to maximize solar gain in the winter months.
(11) Vegetation buffer. A 30-foot vegetation buffer shall be maintained around open water areas.
(C) Residential siting standards. All conservation subdivisions shall conform to the following standards for residential siting.
(1) All residential lots and dwellings shall be grouped into clusters. Each cluster shall contain no more than ten dwelling units and no less than four dwelling units, while maintaining at least 20 feet between clusters.
(2) Residential clusters shall be located to minimize negative impacts on the natural, scenic and cultural resources on and adjacent to the site and to avoid or minimize conflicts between incompatible uses.
(3) Residential clusters shall avoid encroaching on rare plant communities, high quality sites or endangered species identified by the Department of Natural Resources.
(4) Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
(5) Residential clusters should be sited to achieve the following goals, to the extent practicable:
(a) Minimize impacts to prime farmland soils and large tracts of land in agricultural use, and avoid interference with normal agricultural practices;
(b) Minimize disturbance to woodlands, wetlands, grasslands, steep slopes, bluffs and mature trees;
(c) Prevent downstream impacts due to runoff through adequate on-site storm water management practices;
(d) Protect scenic views of open land from adjacent roads. Visual impact should be minimized through use of landscaping or other features; and
(e) Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
(6) The Planning Commission may require landscaping around the cluster to reduce off-site views of residences.
(D) Conservation parcel design standards. A conservation parcel shall be designated as part of the development. Each development shall contain a contiguous conservation parcel comprising 45% of the land area to be subdivided.
(1) The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required conservation parcel shall be undivided and restricted in perpetuity from future development.
(2) The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:
(a) Parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space;
(b) Privately-held buildings or structures provided they are accessory to the use of the open space; and
(c) Shared septic systems and shared potable water systems.
(3) Road rights-of-way shall not be counted towards the required minimum open space.
(4) Lands within 75 feet of any land designated for construction of a dwelling unit or accessory structure may be part of the open space, but shall not count towards the 45% minimum threshold.
(5) No more than 50% of the required conservation parcel size may consist of waterbodies, floodplain or wetlands.
(6) Any portion of the conservation parcel designed to provide plant and animal habitat shall be kept as intact as possible, and enhanced or restored as appropriate. Trails and roads shall be designed to avoid fragmenting these habitat areas.
(7) Accessible open space in the upland portion of the conservation parcel may be made available for recreational uses such as trails, play fields or community gardens, but shall be designed and located so as to avoid impacts on sensitive natural and cultural resources.
(8) Where appropriate, a pathway system for passive recreation connecting open space areas to neighborhood residents and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be required and identified in the development plan.
(E) Ownership and maintenance of common facilities. The designated common open space and common facilities may be owned and managed by one or a combination of the following described in this section. The city may require any one, or a combination of the following, to ensure the long-term maintenance of the conservation parcel and any common facilities.
(1) Homeowner’s association. A homeowner’s association shall be established if the common open space is proposed to be owned by a homeowner’s association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowner’s association by-laws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval as part of the information required for the preliminary plat. The homeowner’s association bylaws or the declaration of covenants, conditions and restrictions of the homeowner’s association shall contain the following information:
(a) The legal description of the common land;
(b) A description of common facilities;
(c) The restrictions placed upon the use and enjoyment of the lands or facilities;
(d) Persons or entities entitled to enforce the restrictions;
(e) A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums;
(f) A mechanism for resolving disputes among the owners or association members;
(g) The conditions and timing of the transfer of ownership and control of land facilities to the association; and
(h) Any other matter the developer deems appropriate.
(2) Non-profit conservation organization. If the common open space is to be held by a non-profit conservation organization, the organization must be approved by the city. The conveyance to the non-profit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance.
(3) Public dedication of open space and streets. The city may accept the dedication of fee title or dedication of a conservation easement to the common open space. The city may accept the common open space; provided:
(a) The common open space is accessible to the residents of the city;
(b) The city agrees to and has access to maintain the common open space; and
(c) Streets or other public ways which have been designated on a duly adopted official map or element of the city’s Comprehensive Plan shall be dedicated or reserved by the subdivider to the appropriate governing body. The street or public way shall be made a part of the plat in the locations and dimensions indicated in the Comprehensive Plan and as set forth in this chapter.
(4) Individual ownership. An individual may hold fee title to the land while a non-profit or other qualified organization holds a conservation easement uses for the common open space.
(F) Maintenance plan. Every conservation subdivision must include a plan that provides evidence of a means to properly manage the conservation parcel in perpetuity and evidence of the long-term means to properly manage and maintain all common facilities, including any storm water facilities. The plan shall be submitted and approved prior to final plat approval. The plan shall do the following:
(1) Designate the ownership of the open space and common facilities in accordance with the provisions contained herein;
(2) Identify a timeframe for adoption and implementation of the maintenance plan by the designated ownership group(s);
(3) Establish necessary regular and periodic operation and maintenance responsibilities;
(4) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis;
(5) Include a timeline any interim use allowances and timelines for the ending or renewal of those uses;
(6) Include a land stewardship plan specifically focusing on the long-term management of common open space lands. The land stewardship plan shall include a narrative, based on the site analysis required in this subchapter, describing:
(a) Existing conditions including all natural, cultural, historic and scenic elements in the landscape;
(b) The proposed end state for each common open space area; and the measures proposed for achieving the end state;
(c) Proposed restoration measures, including: measures for correcting increasingly destructive conditions, such as erosion; and measures for restoring historic features and habitats or ecosystems;
(d) The operations needed for maintaining the stability of the resources, including: mowing schedules; weed control; planting schedules; clearing and cleanup; at the city’s discretion, the applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year. Projected cost estimates for the long-term maintenance operations shall also be included; and
(e) A method for regular review and performance evaluation to ensure the long-term quality of the conservation parcel.
(7) Management plans can be amended by the owner with the approval of the city.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999