(A) Open space subdivisions shall be defined and governed as follows:
1. Moderate to steep slopes, particularly those adjoining water courses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
2. Agricultural lands (including important farmland, lands historically used for irrigated and non-irrigated row crops, pasture and grazing lands, windbreak plantings or orchards).
3. Healthy woodlands (particularly those performing important ecological functions, such as soil stabilization and protection of streams, wetlands, and wildlife habitats).
4. Hedgerows, groups of trees, large individual trees standing alone.
5. Visually prominent topographic features such as knolls, hilltops and ridges, and scenic view sheds as seen from public roads, particularly those with historic features.
6. Aquifer recharge areas.
7. Areas with highly permeable (excessively drained) soils.
8. Significant wildlife habitat areas.
9. Sites or structures identified as having historic, archeological, or cultural features.
10. Existing trails connecting the tract to other locations around the city.
(C) Minimum Open Space. Although the resource lands listed as primary or secondary conservation areas may comprise more than the required area of open space, no applicant shall be required to designate more than twelve percent of open space required; however, other standards of this title or other statutes may further limit the development of the remaining land.
(D) Open Space-Ownership, Use, Protection and Long Term Maintenance. Applicants shall demonstrate compliance with the open space land ownership and maintenance standards of this title.
(E) Ownership. Open space may be owned and managed individually, jointly by an association, corporation or trust, a municipality, a recognized land trust or conservancy, or in combination of any of the above.
1. Condominium Association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant Idaho state law. All open space and common facilities shall be held as common elements.
2. Homeowner Association. Common facilities may be held in common ownership by a homeowner association, subject to all of the provisions for homeowner association set forth in state regulations and statutes. In addition, the following regulations shall be met:
(a) The applicant shall provide the city a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b) The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the project.
(F) Four-Step Site Planning Procedures for Open Space Subdivisions.
Four-Step Process. Each sketch plan shall follow a four-step design process described below. When the preliminary plat is submitted, applicants shall be prepared to demonstrate to the commission that these four design steps were followed by their site designers in determining the layout of their proposed roads, house lots, and open space lands. Applicants shall be prepared to submit four separate sketches overlay maps indicating the findings of each step of the design process, with respect to the features identified herein, if so, requested by the administrator.
1. Step One-Designing the Open Space. During the first step, all potential conservation areas (both primary and secondary as described above) are identified. Consider site characteristics of the parcel being subdivided as well as the surrounding land. Open space subdivision design should be considered from a broad perspective that balances visual impacts, impacts to agriculture, impacts to environmentally sensitive areas and impact to adjacent property owners to achieve the best possible relationship between development and open space areas.
(a) The minimum acreage of required open space land shall be submitted as part of the subdivision plan in accordance with this title. Open space land shall include all primary conservation areas up to the required minimum open space. Any remaining required open space land consists of secondary conservation areas-those parts of the remaining buildable lands with the highest resource significance.
(b) Proposed open space land shall be designated as a base map and complying with applicable sections of this title dealing with resource conservation and open space delineation standards. If the application proposes a zone change, the city's preferred land use map in the comprehensive plan shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands, and slopes over thirty-three percent (33%).
(c) In delineating secondary conservation areas, the applicant shall prioritize the natural and cultural resources on the tract in terms of their suitability for inclusion in the proposed open space, in consultation with the commission and in accordance with this title.
(d) On the basis of those priorities and practical considerations given to the project's configuration, its relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area requirements for open space land and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(e) Provide open space that is not divided into numerous small parcels located in various parts of the application. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels (such as existing conservation easements, public parks, or public lands). Such subdivision open space shall be designed as part of larger contiguous and integrated open space systems.
(f) As these standards are implemented, the protected open spaces in each new subdivision should eventually adjoin each other, ultimately forming an interconnected network of primary and secondary conservation areas across the community. Connectivity between adjoining subdivisions is required. Maintaining historically existing public access to public lands or water resources is also required.
2. Step Two-Location of House Sites. During the second step, potential house sites are tentatively located. Because the proposed location of houses within each lot represents a significant decision, subdivision applicants shall identify tentative house sites on the preliminary plan and proposed house sites on the detailed final plan. The majority of home sites should abut undivided open space in order to provide direct views and access. Safe and convenient access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance).
(a) Potential house sites shall be located along the street network, at least twenty-five percent (25%) of which should be single-loaded, meaning that application shall occur on one side only along those segments.
(b) Unless otherwise specified in this title, dwelling units shall be set back at least one hundred feet (100 ft.) from primary conservation areas and at least ten feet (10 ft.) from secondary conservation areas. Setbacks from conservation areas take into consideration the potential negative impacts of residential application on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for the residences.
(c) If development must be located in open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least productive agricultural soils, or in locations that will facilitate the continued agricultural use of the open space, or in locations that can be visually buffered from existing public roads, such as planting a screen consisting of indigenous native trees, shrubs, and wildflowers. Create sufficient buffer areas to minimize conflicts between residential and agricultural uses.
(d) Minimize impacts on large woodlands especially those containing a significant wildlife habitat, or those not degraded by invasive weeds. Also, development of areas with native vegetation of any size on highly erodible soils with slopes greater than ten percent should be avoided.
(e) Establish buffer zones and leave scenic views and vistas unblocked or uninterrupted, particularly along public ways and scenic corridors of rural roads with historic buildings.
(f) Avoid siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
3. Step Three-Layout of Streets and Squares. The third step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or minimizes adverse impacts to open space areas and adjacent lands. To the greatest extent practicable, wetland crossings shall be minimized.
(a) Identify the tentative locations of the more formal open space elements such as greens, commons, squares, and parks.
(b) Create a connected street network consistent with other street design standards in this title.
(c) Provide active recreational areas including an interconnected pedestrian circulation system in suitable locations that offer safe convenient access to residents and adequate screening from nearby house lots.
(d) Show schematic locations and types of storm water management, sanitary sewer, and water supply systems.
(e) Streets shall be designed to:
(1) Parallel and preserve existing tree lines, hedgerows, stone walls and watercourses.
(2) Minimize alteration of natural, cultural, or historic features.
(3) Minimize the acreage devoted to streets.
(4) Calm traffic speeds.
(5) Promote pedestrian movement.
(6) Secure the view to prominent natural vistas.
(7) Be aligned so that the "terminal vista" is of civic buildings or open space land, either manmade (greens, commons, squares, parks) or natural (such as, but not limited to, meadows, large specimen trees and woodlands).
(8) Minimize crossing of primary conservation areas.
(f) All streets, with the exception of loop streets and loop lanes, shall terminate at other streets within the project, and at least two streets shall provide connections to existing or proposed through-streets or collectors outside the project, wherever practicable and as required by this title.
(g) Loop lanes shall be designed with a central median running their entire length, bounded on each side by a one-way lane not less than fourteen feet in paved width. The median shall be at least thirty feet wide and shall be planted with shade trees along both sides at intervals not less than twenty-five feet.
4. Step Four-Lot Lines. The fourth step is simply to draw in the lot lines and, where applicable, the building envelopes.
5. Other Design Considerations. The configuration of open space land shall comply with the following standards:
(a) Except for civic and recreational spaces, such as squares and playing fields, open space land shall be free of all structures, excluding, however, historic buildings, stone walls, and structures related to open space land uses. The city may grant approval of structures and improvements required for storm drainage, sewage treatment, and water supply within the open space land, provided that such facilities are not detrimental to the open space. Acreage for such uses shall not be credited towards minimum open space unless the land is appropriate for passive recreational use.
(b) Except for formal greens, commons, squares, parks, playing fields, and trail corridors, open space land should not have a length-to-width ratio of less than 4:1, or be less than seventy-five feet in width.
(c) Open space land shall adjoin the largest practicable number of lots within the application. Non-adjoining lots shall be provided with safe and convenient pedestrian access to open space land.
(d) Open space land designated for active recreational uses shall not negatively impact adjacent dwelling units, parking, driveways, and roads.
(e) Open space land shall be interconnected wherever possible to provide a continuous network of such lands within and adjoining the city.
(f) Open space land shall provide buffers to adjoining parks, preserves, or other protected lands.
(g) Except in those cases where part of the open space is located on private house lots or agricultural use, open space land shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the county. Provisions should be made for access to the open space land, as required for land management and emergency purposes.
(h) Open space land shall be undivided by public or private streets, except where necessary for proper traffic circulation.
(i) Open space land shall be suitably maintained either by retaining existing natural cover and wooded areas, continuing agricultural use and/or according to a landscaping plan to protect and enhance open space resources. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)