A. When Conservation Development is permitted under the Zoning Ordinance, the applicant for any subdivision/land development project application involving three acres or more of developable land areas shall submit a plan for both a conservation subdivision/land development project (CSD) and a conventional subdivision/development. Conservation subdivision/land development projects involving less than three acres of developable land area are not permitted.
B. Conservation Development plan submission shall not be required for:
1. Administrative subdivisions
2. Subdivisions that create lots that are not for the purpose of present or future development, provided that the lots are preserved in perpetuity as open space.
C. Where a conservation subdivision/land development project plan is submitted, the Planning Board shall have the discretion to consider for approval either the CSD or the conventional plan of development provided that such determination is made at the Master Plan stage of review for all major subdivisions/developments, and prior to Preliminary Plan approval for minor subdivisions. To facilitate a direct comparison of development options, the submitted conservation plan must include the same number of proposed lots/units as the conventional plan. In order to select the conventional plan for approval, rather than the conservation plan, the Board must find that one or more of the following statements is true:
1. Employing conservation development for the subject property would not offer significant public and/or environmental benefits compared to the conventional plan. The board shall consider the plan's ability to address the following purposes for CSD when making this finding:
(A) To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;
(B) To preserve historical and archeological resources;
(C) To protect natural resources, including but not limited to those containing woodlands, unique vegetation, streams, floodplains, wetlands, recharge areas, agricultural lands, wellheads, and vernal pools, by setting them aside from development;
(D) To protect the value of real property;
(E) To promote more sensitive siting of buildings and roads, and better overall site planning;
(F) To provide a buffer between new development and existing streets, neighborhoods active farmland, and adjacent park or conservation land;
(G) To perpetuate the appearance of Middletown's traditional rural/agricultural landscape;
(H) To allow landowners a reasonable return on their investment while also reducing the infrastructure costs for development;
(I) To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
(J) To offer an alternative to conventional subdivision development;
(K) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;
(L) To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(M) To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan.
2. Compared to the conventional plan, employing conservation development for the subject property would cause a nuisance to neighboring uses, and would be detrimental to the appropriate use of neighboring properties.
3. Compared to the conventional plan, employing conservation development for the subject property will not result in the protection of the unique natural features of the land, provide environmental benefits, such as reduced storm water runoff, or reduce infrastructure construction and maintenance costs.
4. The conservation plan would not create a neighborhood with direct visual and/or physical access to the protected open space.