(a) Permitted Density. Conservation development is intended to be density neutral. In other words, the maximum overall density of a project shall not exceed that permitted in the "R-1A" Single Family Dwelling District.
(1) The maximum density of dwelling units shall be calculated as net density per the following:
A. Deducting the following from the total project area:
1. Any public right-of-way within the project boundary existing at the time the development plan is submitted; and
2. The area of land within a floodway, delineated wetland, or existing waterbody that exceeds the minimum acreage required for restricted open space. Where floodways and wetlands overlap, they shall be counted only once.
B. Multiplying the result of subsection (a)(1)A. hereof by the maximum density permitted per acre as set forth in this Section above.
(b) Restricted Open Space.
(1) Minimum Requirements. The minimum area of "restricted open space" shall be forty (40) percent of the total project area.
A. Restricted open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site.
B. Areas designated for restricted open space purposes may include the following:
1. Preserved in its natural state,
2. Designed and intended for the use and/or enjoyment of residents of the proposed development,
3. Utilized for farming when authorized in a conservation easement or in the Association's covenants and restrictions, and a Conditional Use Permit is granted for the same.
C. Open space should be designed so that it can be interconnected within the development and connected externally to open space in adjacent areas outside of the project whenever feasible to do so.
D. Sewage service, stormwater management, and/or water supply facilities may be located partially or entirely within restricted open space areas.
E. In order to encourage the creation of large areas of contiguous open space, areas that shall not be considered restricted open space include:
1. Private roads and public road rights-of-way;
2. Parking area, accessways and driveways;
3. Required setbacks between the buildings, parking areas and project boundaries;
4. Required setbacks between buildings and streets;
5. Minimum spacing between buildings, and between buildings and parking areas;
6. Private yards; and
7. A minimum of 15 feet between buildings and restricted open space.
F. Any restricted open space intended to be devoted to recreational activities will be of a usable size and shape for the intended purposes. The maximum percentage of the total project area that may be developed for active recreation areas, including a homeowners' association community center, shall be ten percent (10%).
G. Any area within the restricted open space that is disturbed during construction or otherwise not preserved in its natural state, other common areas such as required setback areas, and both sides of new streets shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
H. The restricted open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(2) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space in a conservation development shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Law Director and duly recorded in the office of the Recorder of Deeds of Lorain County.
(3) Ownership of Restricted Open Space. Subject to such permanent restrictions as set forth above, restricted open space in a conservation development may be owned by an association; a land trust or other conservation organization recognized by the City; or by a similar entity; remain in private ownership or by the City.
A. Offer of dedication. The City may, but shall not be required to, accept dedication in the form of fee simple ownership of the restricted open space.
B. Associations. Restricted open space may be held by the individual members of a Condominium Association as tenants-in-common or may be held in common ownership by a Homeowners' Association, Community Association, or other similar legal entity. The Law Director shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:
1. Membership in the Association shall be mandatory for all purchasers of lots in the development or units in the condominium.
2. The Association shall be responsible for maintenance, control, and insurance of common areas, including the required open space.
C. Transfer of Conservation Easements. With the permission of the Planning Commission the owner(s) of the restricted open space may, in accordance with the provisions of Ohio R.C. 5301.67-70, grant a conservation easement to any of the entities listed in Ohio R.C. 5301.68, provided that:
1. The entity is acceptable to the Commission;
2. The provisions of the conservation easement are acceptable to the Commission; and
3. The conveyance contains appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under Ohio R.C. 5301.68 in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
D. Private Ownership of Restricted Open Space. Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)