§ 156.62 CRITERIA.
   Subdivisions containing open space and/or amenities meeting the criteria of this section shall be entitled to density bonuses. Open space and amenities may be combined to achieve the percentage required for the density bonus.
   (A)   Open space.
      (1)   Land designated as permanent open space shall be protected from further subdivision and from development inconsistent with the approved plan through an open space easement held by the city or by an easement to or ownership of the open space by an approved land trust or conservancy.
      (2)   No more than 50% of the open space may consist of the following:
         (a)   Wetlands;
         (b)   Floodplains;
         (c)   Land with slopes of more than 16%.
      (3)   At least 25% of the required open space shall be suitable for active recreation purposes. The plan shall indicate the purposes for which the open space is suitable.
      (4)   The required open space may be used for drainage, including underground fields, ponds, and basins; for agriculture or community gardens; for bird or wildlife sanctuaries, for natural woodlands, or for approved sewage systems consistent with the purposes of maintaining open space areas. Mound systems and aerated sewage treatment ponds shall not occupy more than 10% of the required open space. The Commission may approve other open space uses consistent with the intent and purposes of this chapter.
      (5)   Open space lands shall be located in a manner consistent with the purposes of such open space. Lands designated for active recreation shall be in a location convenient to the residents of the subdivision. Lots should abut open space areas to the maximum extent possible. Safe and convenient pedestrian access shall be provided to open space areas from all lots not abutting the open space.
      (6)   If open space meeting the standards of this section is provided, the Commission shall allow density bonuses. The amount of increased density shall be in accordance with the table in § 157.070(A)(2).
   (B)   Amenities. Amenities qualifying for density bonuses include the following:
      (1)   Golf course;
      (2)   Lake or pond at least five acres in area;
      (3)   Fields designed and equipped for athletic contests such as football or soccer;
      (4)   Stables and bridle trails;
      (5)   Bird or wildlife sanctuaries;
      (6)   Other amenities the Commission deems equivalent to those listed above.
   (C)   Development criteria. The Commission shall approve a conservation subdivision with a density greater than permitted in a conventional subdivision only if the following criteria are met:
      (1)   Environmentally sensitive areas including but not limited to floodplains, wetlands, and slopes greater than 16% shall be protected from clearing, grading, or filling. Construction shall be permitted only to the extent necessary for providing recreational opportunities or for maintaining the open space.
      (2)   Woodlands and healthy mature trees shall be preserved to the maximum extent possible. This preservation and protection shall include the root system of the tree.
      (3)   Appropriate buffers be installed and maintained between the subdivision and neighboring land uses, including buffering from adjacent agricultural operations. These buffers are intended to reduce conflicts between adjacent uses, such as but not limited to, subdivision residents and/or pets trespassing on farmland or other adjacent use, noise, vibration, dust, glare, odor, and/or effects of herbicides or pesticides.
      (4)   Scenic views or vistas shall be provided to the open space or amenities from the houses or from public streets.
      (5)   The natural topography shall be preserved to the maximum extent possible and practical.
      (6)   Habitats of desirable wildlife, particularly endangered species, shall be preserved.
      (7)   Sites of historical or archeological significance shall be preserved. These sites include any property included on the National Registry of Historic Places, any sites declared by a state, city or county historical society to be of historic significance, and any site determined by the state archeologist to be of archeological significance.
(Ord. 17, 2006, passed 11-27-2006)