(A) Minimum size of tract; public water and sewer; open space areas. Conservation developments may be established:
(1) In R-6 or R-8 districts if the tract is greater than 20 acres;
(2) Is served (or can be served) by public water and sewer;
(3) If at least 40% of the total acreage of the proposed conservation development be dedicated as a common open space area.
(B) Detached single-family housing only. Only detached single-family dwelling units are allowed.
(C) House size. The minimum house size shall be 1,400 square feet of heated living space for a single-story house and 1,800 square feet of heated living space for a two-story house.
(D) Exterior materials. Exterior materials shall be brick, stone, stucco, or cementitious fiber board or shakes with no more than 50% of all houses within the development being of material other than brick. Mortarless brick is prohibited.
(E) Garages. All houses shall have a standard attached two-car garage. No more than 50% of the lots shall have garages located closer to the public street than the house itself.
(F) Driveways. All driveways shall be paved with concrete from the street and should only be wide enough to accommodate two cars parked side by side. Each lot shall have a driveway and each driveway shall accommodate four cars. Garages count for required parking.
(G) Slab foundation. Any house built on a slab foundation shall have a brick or stone veneer skirt on the exposed exterior of the foundation.
(H) Chimneys. All exposed chimneys shall have a brick or stone veneer.
(I) Roofs. Roof pitch shall be a minimum of 6/12. If fiber glass shingles are uses, they must be “architectural shingles.” Three-tab shingles are prohibited. In no case shall monopitch roofs be used.
(J) Mailboxes. Uniform mailboxes and posts shall be provided throughout the development at each residence.
(K) Buffer requirements. A 25-foot buffer shall be required along all peripheral boundaries of a conservation development. This buffer shall be a natural undisturbed wooded area. In no case shall any specimen of tree or shrub be harvested, altered or otherwise removed from any required perimeter buffer zone, unless first approved by the Technical Review Committee.
(L) Accessory structures. Accessory structures and uses are permitted in accordance with § 155.046; except notwithstanding any other provision of this chapter any detached accessory structures must be located within the established rear yard.
(M) Recreational vehicles. Notwithstanding any other provision of this chapter, any recreational vehicles must be located within an established rear yard or within an enclosed building structure.
(N) Stormwater management. The subdivision design shall conform to the existing site topography to minimize clearing, grading and associated run-off. Stormwater management shall utilize the natural drainage patterns. Stormwater shall not be diverted from existing topography under any circumstances.
(O) Pedestrian lighting. Decorative pedestrian lights shall be provided throughout the neighborhood (any decorative upcharge shall be pain in advance by the developer of the property).
(P) Dimensional requirements.
(1) Interior lots. Interior lots in conservation developments shall meet the following standards:
Lot size (minimum): | 10,000 square feet |
Lot width at setback (minimum): | 80 feet |
Front setback (minimum): | 30 feet |
*Side setback (minimum): | 8 feet |
Side street setback (minimum): | 12 feet |
Rear setback (minimum): | 30 feet |
Building height (maximum): | 35 feet |
* Side setbacks for interior lots may vary as long as the total of both sides combined equal 16 feet. However, no principal structure may be less than five feet from the property line. | |
(2) Perimeter lots.
(a) Perimeter lots (those along the property boundaries) shall be in accordance with the standards for interior lots if a 25-foot buffer in accordance with the buffer requirements above is provided. If no such buffer is provided, then perimeter lots shall meet the following standards:
Lot size (minimum): | 15,000 square feet |
Lot width at setback (minimum): | 100 feet |
Front setback (minimum): | 30 feet |
Side setback (minimum): | 15 feet |
Side street setback (minimum): | 20 feet |
Rear setback (minimum): | 40 feet |
Building height (maximum): | 35 feet |
(b) Except where perimeter lots abut existing single-family lots smaller than 20,000 square feet the following dimensional requirements shall apply:
Lot size (minimum): | 10,000 square feet |
Lot width at setback (minimum): | 80 feet |
Front setback (minimum): | 30 feet |
Side setback (minimum): | 10 feet |
Side street setback (minimum): | 12 feet |
Rear setback (minimum): | 35 feet |
Building height (maximum): | 35 feet |
(Q) Streets and sidewalks.
(1) Streets shall be laid out to minimize crossing areas to minimize the length of new streets. Cul-de-sacs shall be avoided except where needed to protect open space areas and are limited to 600 feet in length, as are all permanent dead-end streets.
(2) Streets and sidewalks shall be constructed in accordance with Town of Spencer policy and Chapter 154.
(3) Street lights installed by the developer shall be decorative. The decorative upcharge shall be paid in advance by the developer.
(R) Open space preservation.
(1) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMON OPEN SPACE. Open space that is designated to serve the residents of the immediate block or neighborhood. Ownership and maintenance of such areas shall be in fee simple title to a homeowners association or similar organization.
IMPROVED OPEN SPACE. Open space that is improved with pedestrian trails used for walking or jogging, biking trails, playgrounds or picnic areas.
OPEN SPACE. All areas not covered by buildings or parking lots, dry detention, streets or required setbacks.
PASSIVE OPEN SPACE. Open space that is left natural and undisturbed.
(2) Standards for open space preservation.
(a) At least 40% of the total acreage of the proposed conservation development shall be dedicated as common open space. Land that is located within a floodway cannot be used as part of the required open space. Floodway fringe may be used to provide not more than 50% of the required open space and cannot be used as part of the required active open space. Steep slopes may be used to provide not more than 25% of the required open space. Utility easements can be located within the common open space areas, however, only those easements 20 feet wide or greater may be counted as part of the required 20%. Wetlands, and large mature stands of trees may be counted as 100% of open space. The required perimeter buffer may be used to provide not more than 50% of the open space. Where possible, the common open space shall be centrally located within the development, rather than located on the periphery. Open space shall also be located to:
1. Provide common green space in the development for aesthetic and pedestrian use;
2. Adequately serve the needs of residents by its character, amount and arrangement;
3. Be accessible from a public right-of-way.
(b) No more than 15%, and no less than 10% of the total amount of common open space shall be improved open space.
(c) Open space shall be located to:
1. Provide common green space in the development for aesthetic and pedestrian use by owners and their invitees;
2. Adequately serve the needs of residents by its character, amount and arrangement;
3. Be centrally located within the development, rather than located on the periphery to the extent reasonably feasible to do so.
(d) Any areas designated as common open space shall have a minimum width of 20 feet.
(Ord. 10-01, passed 3-9-10)