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§ 154.169 GRADES.
   (A)   Maximum grades.
      (1)   The maximum grade of major residential streets shall not exceed 3%.
      (2)   The maximum grade of minor residential streets shall not exceed 4%.
      (3)   The maximum grade of cul-de-sac streets shall not exceed 7%, except for those portions of streets not to exceed 600 feet in length where the maximum grade shall not exceed 12%.
   (B)   Minimum grades.
      (1)   The minimum grade of concrete streets and gutters shall be 0.3%.
      (2)   The minimum grade for all other types of streets and gutters and for ditches shall be 0.4%.
(Ord. passed 7-20-1992; Ord. 1996-7-1, passed 7-1-1996)
§ 154.170 GUTTERS AND CURBS.
   (A)   Gutters and curbs may not be required for streets when the proposed subdivision consists of two dwelling units or less per acre.
   (B)   Gutters and curbs shall be required for all streets when the propose subdivision consists of two or more dwelling units per acre.
   (C)   Gutters and curbs may be in integral concrete curb or combined gutter and curb type and may be either straight or rolled.
(Ord. passed 7-20-1992)
§ 154.171 PAVEMENT.
   (A)   Flexible type pavement (asphaltic surface). Flexible type pavement (asphaltic surface) minimum design characteristics shall be as described in Table 2 below.
   [Table follows on next page]
Table 2: Minimum Pavement Section Requirements
Dedicated
Nondedicated
Major
Minor
Cul-de-Sac
Unsurfaced Alternate
A Stone Base
B Full Depth
C Stone Base
D Stone Base (Alt)
E Full Depth
F Stone Base
G Stone Base (Alt)
H Stone Base
I Stone Base (Alt)
Layer
Material
Table 2: Minimum Pavement Section Requirements
Dedicated
Nondedicated
Major
Minor
Cul-de-Sac
Unsurfaced Alternate
A Stone Base
B Full Depth
C Stone Base
D Stone Base (Alt)
E Full Depth
F Stone Base
G Stone Base (Alt)
H Stone Base
I Stone Base (Alt)
Layer
Material
Surface
HAC #11 surf
“ (PSY)
1.5
(165)
1.5
(165)
1.5
(165)
1.5
(165)
1.5
(165)
1.5
(165)
1.5
(165)
Binder
HAC #3 bind
“ (PSY)
25 (275)
2.5 (275)
2.0 (220)
2.0 (220)
Base
HAC #5 base
“(PSY)
3 (330)
8.0 (880)
3 (330)
3 (330)
6.0 (660)
Subbase
Cr. St. #73
-
2
2
Subbase
Cr. St. #53
8
8
8
8
8
6
6
Subbase
Cr. St. #2
4
4
4
Geotextile
Nonwoven
OZ/SY
10
10
10
10
Geotextiles will be required for all locations where soils are classified as having severe limitations according to the U.S. Soil Conservation Service
 
   (B)   Rigid type pavement (cement concrete).
      (1)   Minimum design characteristics of rigid street pavement shall be as follows:
 
Concrete *(Reinforced)
Major Residential
Minor Residential
Cul-de-Sac
Uniform thickness
**8 in. to 9 in.
7-1/2 in.
6 in.
Leveling course
1 in.
1 in.
1 in.
Compaction
95% mod. proctor
95% mod. proctor
95% mod. proctor
*Wire mesh continuous between expansion joints with steel dowels at expansion joints
**9 in. required at all intersections and where heavy truck traffic is proposed by developer or subdivider
 
      (2)   The Plan Commission shall determine the subbase requirements for rigid pavement based upon the area’s characteristics. The developer shall submit with the preliminary plan supporting data on the subbase being proposed for rigid pavement streets. Final required pavement must be installed prior to final plat approval.
(Ord. passed 7-20-1992; Ord. 1996-7-1, passed 7-1-1996)
CONSERVATION SUBDIVISION
§ 154.185 PURPOSE/INTRODUCTION.
   (A)   (1)   A conservation subdivision provides an alternative lot size and layout option which generally utilizes the clustering of houses and the dedication of remaining land to conservation areas.
      (2)   The purposes of this subchapter, among others, are as follows:
         (a)   To implement adopted land use, transportation and community policies, as identified in the County Comprehensive Plan;
         (b)   To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
         (c)   To protect areas of the county with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operation;
         (d)   To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce the length of roads, utility runs and the amount of paving required for residential development;
         (e)   To reduce erosion and sedimentation by the retention or existing vegetation and the minimization of development on steep slopes;
         (f)   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 county’s population diversity may be maintained;
         (g)   To implement adopted county policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the County Comprehensive Plan;
         (h)   To create neighborhoods with direct visual access to open land, with amenities in the form or neighborhood open space, and with a strong neighborhood identity;
         (i)   To provide for the conservation and maintenance of open land in the county to achieve the above mentioned goals and for active or passive recreational use by residents;
         (j)   To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, wildlife habitats, historic buildings and other cultural features);
         (k)   To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
         (l)   To conserve scenic views and elements of the county’s rural character, and to minimize perceived density, by minimizing views of new developments from existing roads.
   (B)   In order to achieve these purposes, this subchapter provides the process and standards for the development of conservation subdivisions.
(Ord. 1999-4-19, passed 4-19-1999)
§ 154.186 STANDARDS FOR CONSERVATION SUBDIVISION DESIGN.
   (A)   Determining density or yield.
      (1)   Applicants shall have the option of estimating the legally permitted density on the basis of mathematical percentages and formulas contained in this subchapter, or on the basis of a yield plan. Such yield plans consist of conventional lot and street layouts, and must conform to the county’s regulations governing lot dimensions, land suitable for development (for example, not including wetlands, street area and parking). Although such plans shall be conceptual in nature, and are not intended to involve significant engineering cost, they must be realistic, and not show potential house sites or streets in areas that would not ordinarily be legally permitted in conventional layout.
      (2)   In order to prepare a realistic yield plan, applicants generally need to first map the conservation areas on their site. Typical yield plans would include, at minimum, basic topography, vegetation, location of potential wetlands, 100-year floodplain and soils as indicated in the county soil survey published by the USDA Natural Resource Conservation Service.
      (3)   On sites not served by public sewage or a centralized private sewage treatment facility, soil suitability for septic systems in the area to be developed shall be demonstrated, by methods approved by the County Health Department. This means information from soil survey, not on site soil boring.
   (B)   Minimum percentage of conservation areas. The minimum percentage of land that shall be designated as conservation, and protected from further subdivision through the recorded plat, shall be as specified in Table A:
      (1)   The following types of land classifications should be included in the conservation area:
         (a)   Large woodland tract possessing quality timber and classified forest;
         (b)   Wetlands, as defined by latest version of U.S. Army of Corps of Engineers, jurisdiction manual;
         (c)   Designated floodplain and/or alluvial soils;
         (d)   Land with slopes exceeding 25%;
         (e)   All lands as classified as prime soils, as defined by Natural Resource Conservation Service;
         (f)   Land under permanent easement prohibiting future development (including easements for drainage structures);
         (g)   Karst topography;
         (h)   Unique and natural areas as designated by Heritage Trust; and
         (i)   Riparian areas.
      (2)   All conservation area shall be restricted from further subdivision through a conservation easement, in a form acceptable to the county and duly recorded in the County Recorder’s office as part of the plat.
   (C)   Density bonus. Additional density may be allowed by the Plan Commission when one of the following public benefits is proposed:
      (1)   Development of a conservation subdivision: a density bonus will be granted for the development of the proposed subdivision by following the conservation subdivision design methods outlined in this subchapter and providing the minimum primary, secondary and buffer conservation areas required by the zoning district;
      (2)   Creation of an endowment for conservation area maintenance; and
      (3)   Implementation of density bonus: the Plan Commission may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining open space and conservation land of the proposed subdivision.
         (a)   These density bonuses may be implemented by reducing the amount of total conservation area or by reducing the minimum lot area requirements by up to 10% or by a combination of these approaches at the discretion of the Plan Commission. In no case, shall the minimum required primary conservation area or buffer area be reduced to provide the density bonus. In most cases, this subchapter provides sufficient flexibility that the minimum conservation area goals can be met while still accommodating the density bonuses.
         (b)   The bonuses density factor found in Table B shall be applied to the gross developable area as calculated in division (A) above. In cases where the calculation indicates a fraction of a dwelling unit, the applicant may increase the number of dwelling units to the next larger number of full dwelling units.
   (D)   Location of conservation areas.
      (1)   The location of conservation areas conserved through compact residential development shall be consistent with the policies contained in the Comprehensive Plan, and with the recommendations contained in Designing Open Space Subdivisions: A Practical Step-by-Step Approach.
      (2)   Conservation areas shall be comprised of primary, secondary and buffer conservation areas. All lands within primary and buffer conservation areas are required to be protected by a permanent conservation easement, prohibiting further development and setting other standards safeguarding the site’s special resources from negative changes.
         (a)   Primary conservation areas. This category consist of wetlands, land within the 100-year floodplain, steep bluffs and karst topography. These sensitive lands are not considered to be buildable (for both conventional and conservation subdivisions).
         (b)   Buffer areas. A 100-foot greenway which separates the housing area from the other remaining conservation areas and is designated as permanently protected, however in the absence of primary conservation areas the buffer area can attribute.
         (c)   Secondary conservation areas.
            1.   This category is in addition to the primary and buffer conservation areas, and constitutes the balance of the remaining land that shall be designated and protected from further subdivision. Full density credit for land in this category will be as indicated for each zone in Table C so that the development potential is not reduced by this designation. Such density credit may be applied to other unconstrained parts of the site.
            2.   Although the locations of primary conservation areas are predetermined by the locations of floodplain, wetlands, steep slopes and soils subject to slumping, greater latitude exists in the designation of secondary conservation areas.
            3.   The location of the secondary conservation areas shall be guided by the maps and policies contained in the Comprehensive Plan, and shall typically include all or part of the following kinds of resources: mature woodlands, aquifer recharge areas, significant prime farmland, historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories, and scenic views into the property from existing public roads. Secondary conservation areas, therefore, typically consist of upland forest, meadows, pastures and farm fields, part of the ecologically connected matrix of natural areas significant for wildlife habitat, and water quality protect.
         (d)   Interconnected conservation area network. As these policies are implemented, it is the intent that, where possible, the protected conservation areas in each new subdivision will eventually adjoin each other, ultimately forming an inter-connected network of conservation areas, across the county.
   (E)   Evaluation criteria.
      (1)   In evaluating the layout of lots and conservation areas, the layout of lots and conservation areas, the following criteria will be considered by the Planning Commission as indicating design appropriate to the natural, historic and cultural features, and meeting the purposed of this subchapter.
      (2)   Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas.
      (3)   Accordingly, the Planning Commission shall evaluate proposals to determine whether the proposed conceptual preliminary plan:
         (a)   Protects and preserves all prime agricultural soils, floodplain, wetlands and steep slopes from clearing, grading, filing or construction (except as may be approved by the county for essential infrastructure);
         (b)   Preserves and maintains mature and/or unfragmented woodlands, existing fields, pastures and/or orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. For example, locating house lots and driveways within wooded areas, or edge of woods is generally recommended, with two exceptions. The first involves significant wildlife habitat or mature and/or unfragmented woodlands which raise an equal or greater preservation concern, as described in divisions (E)(3)(e) and (E)(3)(h) below. The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife habitat;
         (c)   If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils;
         (d)   Maintains or creates an upland buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds;
         (e)   Designs around existing hedgerows and treelines between fields or meadows. Minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat, or those not degraded by invasive vines. Also, woodlands of any size on highly erodible soils with slopes greater than 10% should be avoided. However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, greater care shall be taken to design disturbed areas (for buildings, roads, yards, septic disposal fields and the like) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable;
         (f)   Leaves scenic views and vistas unblocked or interrupted, particularly as seen from public roadways. For example, in open agrarian landscapes, a deep no-build, no-plant buffer is recommended along the public roadway where those views or vistas are prominent or locally significant. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep no-build, no-cut buffer should be respected, to preserve existing vegetation;
         (g)   Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the Indiana Department of Natural Resources and/or the U.S. Environmental Protection Agency;
         (h)   Designs around and places consideration of sites of historic, archaeological or cultural value, and their environs, insofar as needed to safeguard the character of the future, including stone walls, spring houses, barn foundations, cellar holes, earthworks, burial grounds and the like;
         (i)   Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting onto existing public roads. Establishes buffer zones along the scenic corridor of rural roads with historic buildings, stone walls and the like;
         (j)   Landscapes common areas (such as community greens), cul-de-sac islands and both sides of new streets with native shade trees specie and flowering shrubs with high wildlife conservation values;
         (k)   Provides actives recreation areas in suitable locations offering convenient access by residents, and adequately screened from nearby house lots;
         (l)   Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood conservation system. Trails, which in turn should link with potential conservation areas on adjoining undeveloped parcels (or with existing conservation areas on adjoining developed parcels, where applicable); and
         (m)   Provides conservation areas that are reasonably contiguous, and whose configuration is in accordance with the guidelines contained in the Design and Management Handbook for Preservation Areas, produced by the Natural Lands Trust. For example, fragmentation of conservation areas should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development. 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 future is linear or unless such configuration is necessary to connect with other streams or trails. The conservation areas shall generally abut existing or potential conservation areas land on adjacent parcels, and shall be designed as part of larger contiguous and integrated greenway system, as per the policies in the goal, objectives and strategies the County Comprehensive Plan.
(Ord. 1999-4-19, passed 4-19-1999)
§ 154.187 SITE PLANNING PROCEDURES FOR CONSERVATION SUBDIVISIONS.
   (A)   Process overview.
      (1)   The sequence of actions prescribed in this subchapter is as listed below.
      (2)   These steps shall followed sequentially, and may be combined only at the discretion of the Planning Commission Department:
         (a)   Pre-application discussion;
         (b)   Existing features (site analysis) plan. (Clock starts with the submission of this plan at the on-site walkabout or at a regularly scheduled meeting of the Planning Commission);
         (c)   On-site walkabout by Planning Department, Technical Advisory Committee members and applicant;
         (d)   Pre-submission conference;
         (e)   Conceptual preliminary plan (conceptual illustration of conservation areas land, potential house sites, street alignments and tentative lot lines, prepared according to the four-step design process described herein);
         (f)   Preliminary plan submission, determination of completeness, review of overall planning concepts and decision;
         (g)   Preliminary engineering certification;
         (h)   Final plan submission, determination completeness, review and decision;
         (i)   Plat signature; and
         (j)   Recording at County Recorder’s office.
   (B)   Elements of the preliminary plan process.
      (1)   Pre-application discussion. A pre-application discussion is strongly encouraged between the applicant, the site designer(s), and the Planning Department. The purpose of this informal meeting is to introduce the applicant and site designer(s) to the county zoning and subdivision regulations and procedures, and to discuss the applicants objectives in relation to the Plan Commission official policies and ordinance requirements. The Technical Advisory Committee and Department shall conduct such activities.
      (2)   Existing features (site analysis) plan.
         (a)   Existing features (site analysis) plans analyzing each sites special features are required for all proposed subdivisions, as they form the basis of the design process for conservation areas, house locations, street alignments and lot lines. The applicant or his or her representative shall bring a copy of the existing features (site analysis) plan to the on-site walkabout.
         (b)   Detailed requirements for existing features (site analysis) plans are contained in another section of this subchapter, but at the minimum must include:
            1.   A contour based at least upon topographical maps published by the U.S. Geological Survey;
            2.   The location of severely constraining elements such as steep slopes (over 25%), wetlands, watercourses, intermittent streams and 100-year floodplain, and all rights-of-way and easements;
            3.   Soil boundaries as shown on USDA Soil Conservation Service medium-intensity maps;
            4.   The location of significant scenic views into or out from the property, watershed divides and drainageways, fences or stone walls, rock outcrops and existing structures, roads, tracks and trails; and
            5.   Vegetation map showing woodlands.
         (c)   These existing features (site analysis) plans shall identify primary conservation areas (floodplain, wetlands and steep slopes, as defined in the process for computing adjusted tract acreage), and secondary conservation areas as described in § 154.186(D)(2)(c).
      (3)   On-site walkabout.
         (a)   After the existing features (site analysis) plan has been prepared, the Planning Department shall schedule a mutually convenient date to walk the property with the applicant and his or her site designer.
         (b)   The purpose of this visit is to familiarize Planning Department and Technical Advisory Committee with the property’s special features, and to provide them an informal opportunity to offer guidance (or at least a response to the applicant regarding the tentative location of primary conservation areas.
      (4)   Pre-submission conference. Prior to the submission of the sketch plan or conceptual preliminary plan, the applicant shall meet with the Planning Department to discuss how the four-step approach to designing subdivisions, described in division (B)(6) below, could be applied to the subject property. At the discretion of the Planning Department this conference be combined with the on-site walkabout.
      (5)   Conceptual preliminary plan.
         (a)   After the pre-sketch conference, a sketch plan or a conceptual preliminary plan shall be submitted for all proposed subdivision. As used in this subchapter, the term PRELIMINARY PLAN refers to the preliminarily engineered sketch plan drawn to illustrate initial thoughts about a conceptual layout for conservation lands, house sites and street alignments. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are incurred in the design of any proposed subdivision layout.
         (b)   A conceptual preliminary plan shall be submitted by the applicant to the County Plan Director who will then submit it to the Planning Commission for review for the purpose of securing early agreement on the overall pattern of the streets, houselots, primary conservation areas and potential trail linkages (where applicable), prior to any significant expenditure on engineering costs in the design of streets, stormwater management, or the accurate delineation of internal lot boundaries.
      (6)   Four-step process.
         (a)   Each conceptual preliminary plan shall follow a four-step design process, as described below.
         (b)   When the conceptual preliminary plan is submitted, the applicant shall be prepared to demonstrate to the Planning Commission that these four design steps were followed by his or her site designers in determining the layout of their proposed streets, houselots and conservation lands.
            1.   Designating conservation areas. During the first step, all potential primary conservation areas, are identified, using the existing features (site analysis) plan. Primary conservation areas shall consist of wetlands, floodplain, slopes over 25% and soils susceptible to slumping, and agricultural lands.
            2.   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 with potential impacts on the ability of the development to meet the 13 evaluation criteria contained in § 154.186(E), subdivision applicants shall identify tentative house sites on the conceptual preliminary plan a proposed house sites on the detailed final plan. House sites should generally be located not closer than 100 feet from primary conservation areas. The building footprint of proposed residences may be changed by more than 50 feet in any direction, with majority approval of the members of the Planning Commission. Changes involving less that 50 feet do not require approval.
            3.   Street and lot layout. 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 at least minimizes adverse impacts on the primary conservation areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of cul-de-sacs to be maintained by the county and to facilitate easy access to and from homes in different parts of the property (and on adjoining parcels). Where cul-de-sacs are necessary, those serving six or fewer homes may be designed with hammerheads facilitating three-point turns. If cul-de-sacs are necessary, those serving six or fewer homes shall generally be designed with a central island containing indigenous trees and shrubs (either conserved on site, or planted). The county generally encourages the creation of single-loaded residential access streets, in order that the maximum number of homes in new developments may enjoy views of conservation areas. All streets and roads are subject to standards set forth in §§ 154.160 through 154.171 (Ord. 1996-7-1 as approved by the Board of Commissioners July 1, 1996, and recorded in Book 106 on pages 292 through 298 in County Records), with the exception of the surface which shall be determined by the Plan Commission with recommendation by the Technical Advisory Committee.
            4.   Lot lines. The fourth step is simply to draw in the lot lines, and to show the following information of the lots: width, depth and frontage.
      (7)   Preliminary engineering certification. Prior to approval of the conceptual preliminary plan, the applicant shall submit the Planning Commission a preliminary engineering certification that show the approximate layout of the proposed streets, house-lots and conservation land, complies with the county zoning and subdivision regulations, particularly those section governing the design of subdivision streets and storm water management facilities. This certification requirement is meant to provide the county with assurance the proposed plan is able to be accomplished writing the current regulations of the county. The certification shall also note any waivers needed to implement the plan as drawn.
(Ord. 1999-4-19, passed 4-19-1999)
§ 154.188 OWNERSHIP AND MAINTENANCE OF CONSERVATION AREAS.
   (A)   Restrictions. Conservation areas shall be permanently restricted from future subdivision and development, unless through the county comprehensive planning process the purpose of the area has changed.
   (B)   Ownership options. The following methods may be used, either individually or in combination, to own conservation areas; however, conservation areas shall be initially offered for dedication to the municipality. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the conservation areas, ratio of the overall development. Ownership methods shall conform to the following.
      (1)   Fee simple dedication to a unit of government. The unit of government may, but shall not be required to, accept any portion of the conservation areas, provided that:
         (a)   There is no cost of acquisition to the unit of government; and
         (b)   The unit of government agrees to and has access to maintain such areas.
      (2)   Condominium association. Conservation areas may be controlled through the use of condominium agreements. Such agreements shall be in accordance with I.C. 32-25 as amended. All conservation or portions thereof shall be held as “common element”.
      (3)   Homeowner’s association.
         (a)   Conservation in areas or portions thereof, may be held in common ownership by a homeowner’s association, subject to all of the provisions for homeowner’s associations set forth in state regulations.
         (b)   In addition, the following regulations shall be met.
            1.   The applicant shall provide the unit of government a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for areas thereof.
            2.   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 development.
            3.   Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
            4.   The association shall be responsible for maintenance and insurance of conservation areas or portions thereof.
            5.   The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
            6.   Written notice of any proposed transfer of conservation areas or portions thereof by the association or the assumption of maintenance for conservation areas or portions thereof must be given to all members of the association and to the local unit of government.
            7.   The association shall have adequate staff to administer, maintain and operate such conservation areas.
      (4)   Private conservation organization or conservancy district/unit of government. With permission of the Plan Commission, an owner may transfer either fee simple title of the conservation areas easements on the conservation areas to a private non-profit conservation organization or to the unit of government provided that:
         (a)   The conservation organization is acceptable to the unit of government and is a bona fide conservation organization intended to exist indefinitely;
         (b)   The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the county becomes unwilling or unable to continue carrying out its functions;
         (c)   The conservation area is permanently restricted from future development through a conservation easement and the unit of government is given the ability to enforce these restrictions; and
         (d)   A maintenance agreement acceptable to the unit of government is established between the owner and the organization or the county.
      (5)   Dedication of easements to the unit of government.
         (a)   The Plan Commission/County Executive Board may, but shall not be required to, accept easements for public use of any portion of the conservation areas or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowner’s association, or private conservation organization while the easements are held by the local unit of government.
         (b)   In addition, the following regulations shall apply.
            1.   There shall be no cost of acquisition to the local unit of government.
            2.   Any such easements for public use shall be accessible to the residents of the local unit of government.
            3.   A satisfactory maintenance agreement shall be reached between the owner and the local unit of government.
      (6)   Non-common private ownership. Up to 80% of the required conservation areas may be included within one or more large “conservancy lots” of at least ten acres provided the conservation area is permanently restricted from future development.
   (C)   Maintenance. Unless otherwise agreed to by the Plan Commission, the cost and responsibility of maintaining conservation areas, shall be borne by the property owner condominium association, homeowner’s association or conservation organization.
      (1)   The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation areas, and operation of common facilities.
         (a)   The plan shall define ownership.
         (b)   The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of conservation areas (i.e., lawns, playing fields, meadow, pasture, cropland woodlands and the like).
         (c)   The plan shall estimate staffing needs, insurance requirements and associated costs, and define the means for funding the maintenance of the conservation areas and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
         (d)   At the local unit of government (Plan Commission and/or Executive Board) discretion of the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
         (e)   Any changes to the maintenance plan shall be approved by the Plan Commission after petition provides public notice and letters to interested parties.
      (2)   In the event that the organization established to maintain the conservation area and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the local unit of government may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
      (3)   The local unit of government may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action shall charged to the property owner, condominium association, homeowner’s association, conservation organization or individual property owners who make up a condominium or homeowner’s association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the local unit of government in the office of the County Auditor and the County Recorder.
   (D)   Maintenance endowment.
      (1)   Such maintenance activities may include mowing meadows, removing invasive vines, paying insurance premiums, paying local taxes and costs associated with active or passive recreation facilities. Spending from this Fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the Endowment Fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm or organization acceptable to the Plan Commission, and with experience in managing conservation land and recreational facilities.
      (2)   The Endowment Fund is not designed to pay for private road maintenance or shared utility system maintenance.
      (3)   The Endowment Fund may be supplemented by an annual assessment on each lot by the designated entity with ownership and maintenance responsibilities for the conservation areas and other common elements such as private roads and shared utility lines.
      (4)   Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 25% of the net selling price of the endowment lots shall be donated by the applicant to the Endowment Fund for the conservation lands in the subdivision. This Fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities (such as a homeowner’s association, a land trust, condominium association or unit of local government) for the conservation areas at the time the designated entity is created.
      (5)   When estimating the projected maintenance costs of the conservation areas, it is not necessary to include conservation land that is not accessible by the subdivision residents for their common enjoyment. Such lands would typically include areas designated on the final plat for future agricultural, horticultural, silvicultural or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by permanent conservation easement. In such cases, the density bonus may be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation. In most cases, maintenance efforts will be focused on primary conservation areas and buffer areas.
(Ord. 1999-4-19, passed 4-19-1999)
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