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(A) The Plan Commission may, by conditional use approval and after a public hearing, permit the modification of the provisions of this subchapter, in order to encourage a well-planned cluster development. However, in terms of modifying any dimensional requirement (lot area, width, setbacks and the like), such modification may not be greater than 25%.
(B) Any conditional use to permit such a modification shall be subject to the following criteria:
(1) The design and modification shall be in harmony with the purposes and the land use standards contained in this subchapter;
(2) The design and modifications shall generally enhance the development plan, the central core area, the streetscapes and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this subchapter;
(3) The design and modifications shall not produce lots or streets systems that would be impractical or detract from the appearance of the district, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air;
(4) Increased residential density or intensification of nonresidential uses shall be offset by corresponding special efforts by the applicant to improve the appearance of the development through enhanced architectural and landscaping efforts; and
(5) The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the local unit of government perspective, and represent the minimum modification necessary.
(C) If the Plan Commission determines that the applicant has met his or her burden, it may grant a modification of the requirements of this article. In granting modifications, the Plan Commission may impose such conditions as will, in its judgment, secure the objectives and purposes of this article.
(Ord. 1999-4-19-1, passed 4-19-1999)
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LOCAL UNIT OF GOVERNMENT. The Executive Board (Commissioners) and/or the Plan Commission, both groups shall at all times work in conjunction for the health, safety and welfare of the community, will uphold quality land growth management.
(Ord. 1999-4-19-1, passed 4-19-1999)
Table A: Example of Application of Conservation Subdivision Standards for a 100-Acre Project | ||||||||
Zone | Dwelling Units | Utility Service | Lot Size | Total Area for Lots | Typ. Road R-O-W | Total Area Developed | Potential Total Area Conserved | Minimum Primary Con. Area |
(All Areas Listed in Acres) |
Table A: Example of Application of Conservation Subdivision Standards for a 100-Acre Project | ||||||||
Zone | Dwelling Units | Utility Service | Lot Size | Total Area for Lots | Typ. Road R-O-W | Total Area Developed | Potential Total Area Conserved | Minimum Primary Con. Area |
(All Areas Listed in Acres) | ||||||||
A-1 | 12 | Well and septic | 1.0 average | 12.0 | 3.0 | 15.0 | 85.0 * | 15.0 |
Public water and septic | 1.3 max. | 15.6 | 3.0 | 18.6 | 81.4 # | |||
Public water and septic | 0.8 min. | 9.6 | 2.5 | 12.1 | 87.9 | |||
Public water and public sewer | 0.5 max. | 6.0 | 2.5 | 8.5 | 91.5 | |||
Public water and public sewer | 0.2 min. | 2.4 | 2.0 | 4.4 | 95.6 | |||
A-2 | 24 | Well and septic | 1.0 average | 24.0 | 6.0 | 30.0 | 70.0 * | 25.0 |
Public water and septic | 1.3 max. | 31.2 | 6.0 | 37.2 | 62.8 # | |||
Public water and septic | 0.8 min. | 19.2 | 5.0 | 24.2 | 75.8 | |||
Public water and public sewer | 0.5 max. | 12.0 | 4.0 | 16.0 | 84.0 | |||
Public water and public sewer | 0.2 min. | 4.8 | 3.0 | 7.8 | 92.2 | |||
R-1 | 43 | Well and septic | Not permitted | |||||
Public water and septic | 1.3 max. | 55.9 | 10.0 | 65.9 | 34.1 # | 25.0 | ||
Public water and septic | 0.8 min. | 34.4 | 9.0 | 43.4 | 56.6 | |||
Public water and public sewer | 0.8 max. | 34.4 | 9.0 | 43.4 | 56.6 | |||
Public water and public sewer | 0.2 min. | 8.6 | 5.0 | 13.6 | 86.4 | |||
R-2 | 80 | Well and septic | Not permitted | |||||
Public water and septic | Not permitted | |||||||
Public water and public sewer | 0.8 max. | 64.0 | 10.0 | 74 | 26.0 # | 25.0 | ||
Public water and public sewer | 0.2 min. | 16.0 | 7.0 | 23 | 77.0 | |||
* Minimum lot size to be determined by Putnam County Board of Health requirements and septic design. | ||||||||
# A mix of lot sizes and creative road design can easily meet the minimum conservation area requirements. | ||||||||
Table B: Permitted Number of Dwelling Units | ||||||
Zone | Conventional Subdivision | Conservation Subdivision | ||||
Density | Lot Size | Density | Lot Size | Available Utilities | Minimum Conservation Area |
Table B: Permitted Number of Dwelling Units | ||||||
Zone | Conventional Subdivision | Conservation Subdivision | ||||
Density | Lot Size | Density | Lot Size | Available Utilities | Minimum Conservation Area | |
A-1 | 1.0 D.U per 10 acres | 10 acres/ min. | 1 D.U. per 10 acres Plus: | 1.0 acre average * | Well and septic | Total: 85% of gross area |
a) 0.2 D.U per 10 acres for conservation | 1.3 acre max. | Public water and septic | Primary: 15% of gross area | |||
b) 0.1 D.U. per 10 acres for maintenance endowment | 0.8 acre min. | Public water and septic | Buffer: as required | |||
0.5 acre max. | Public water and public sewer | |||||
0.2 acre min. | Public water and public sewer | |||||
A-2 | 2.0 D.U. per 10 acres | 5 acres/min. | 2 D.U. per 10 acres Plus: | 1.0 acre average * | Well and septic | Total: 70% of gross area |
a) 0.4 D.U per 10 acres for conservation | 1.3 acre max. | Public water and septic | Primary: 25% of gross area | |||
b) 0.1 D.U. per 10 acres for maintenance endowment | 0.8 acre min. | Public water and septic | Buffer: as required | |||
0.5 acre max. | Public water and public sewer | |||||
0.2 acre min. | Public water and public sewer | |||||
R-1 | 3.3 D.U. per 10 acres | 3 acre/min. | 3.3 D.U. per 10 acres Plus: | Not permitted | Well and septic | Total: 35% of gross area |
a) 1.0 D.U per 10 acres for conservation | 1.3 acre max. | Public water and septic | Primary: 25% of gross area | |||
b) 0.1 D.U. per 10 acres | 0.8 acre min. | Public water and septic | Buffer: as required | |||
0.8 acre max. | Public water and public sewer | |||||
0.2 acre min. | Public water and public sewer | |||||
R-2 | 6.6 D.U. per 10 acres | 1.5 acre/ min. | 6.6 D.U. per 10 acres Plus: | Not permitted | Well and septic | Total: 35% of gross area |
a) 2.0 D.U per 10 acres for conservation | Not permitted | Public water and septic | Primary: 10% of gross area | |||
b) 0.1 D.U. per 10 acres for maintenance endowment | 0.8 acre max. | Public water and public sewer | Buffer: as required | |||
0.2 acre min. | Public water and public sewer | |||||
* Minimum lot size to be determined by County Board of Health requirements and septic design | ||||||
Table C: Conservation Areas | ||||
Primary Conservation Area | Buffer | Secondary Conservation Area | ||
Required | Preferred | Required | Required | Preferred |
Table C: Conservation Areas | ||||
Primary Conservation Area | Buffer | Secondary Conservation Area | ||
Required | Preferred | Required | Required | Preferred |
Wetlands | Large woodlands | 100-foot wide greenway | Mature woodlands | Upland forest |
100-year floodplain | Classified forest | Aquifer recharge areas | Meadows | |
Karst topography | Lands with prime soils | Prime farmland | Pastures | |
Soils subject to slumping | Unique natural areas | Historic features | Farm fields | |
Land with slopes exceeding 25% | Riparian areas | Archaeological features | Hedgerows | |
Land with existing easements | Cultural features | Treelines | ||
Scenic views | ||||
Note that for some sites, the designated buffer area may be included or contribute toward the minimum primary conservation area goal for the district | ||||
(Ord. 1999-4-19-1, passed 4-19-1999)
(A) General.
(1) It shall be the duty of the Director to enforce these regulations and to bring any violations or lack of compliance to the attention of the Commission and Commission Attorney.
(2) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission, in accordance with the provisions of these regulations and filed for recording with the County Recorder.
(3) (a) The division of any lot or any parcel of land into a subdivision, as defined in this chapter, by the use of metes and bounds description for the purpose of sale, or transfer, or lease resulting in the creation of more than two new building sites of less than ten acres shall not be permitted.
(b) All such described divisions shall be subject to all of the appropriate requirements of this chapter.
(4) Except for model house, no improvement location permit required under the Uniform Building Code, the zoning regulations or this chapter shall be issued on any property subject to this chapter until the provisions of this chapter have been complied with.
(B) Violations and penalties. Any person who violates a provision of this chapter or any regulations herein contained, shall be guilty of a violation and, upon conviction, shall be fined not less than $50 and not more than $500 for each day’s violation, each day of violation shall constitute a separate offense.
(C) Restraining provisions.
(1) Any land within the participating jurisdictions subdivided in violation of the terms of this chapter after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(2) The Commission may institute a suit for mandatory injunction requesting an individual or governmental unit be directed, where such individual or governmental unit has violated any provisions of this chapter, to comply with the provisions of this chapter. The Commission may also institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this chapter, or make the same comply with its terms. If the Commission is successful in its suit, the respondent shall pay the Commission’s reasonable attorney fees and all costs related to the enforcement of this chapter.
(Ord. passed 7-20-1992)