(A) The Board of Adjustment shall review submitted plans for proposed conservation subdivisions and shall issue or deny conditional use permits for such development. The property owner shall submit plans to the Zoning Administrator for any proposed conservation subdivision, accompanied by a preliminary plat of the property as required by the Subdivision Ordinance. The Zoning Administrator shall determine that all required materials have been submitted and shall forward the completed application to the Board of Adjustment. The Board of Adjustment shall follow quasijudicial procedures for public notification, hearing and findings as provided for conditional uses in § 156.255. In addition, the Board of Adjustment shall find:
(1) Lot size and yard requirements may be reduced by no more than one-half and maximum lot coverage may be increased by no more than twice the requirements of § 156.122. In no case shall overall housing density in the development exceed the normal density requirements of the district; nor shall any use be permitted in such a development that is not otherwise permitted in the district.
(2) Additional infrastructural requirements:
(a) Public water and sewer connections shall be planned, platted and made available to each building lot.
(b) Each building lot shall adjoin an internal street or existing public roadway on at least one side. Street frontage shall total at least 20% of the perimeter of the lot.
(c) Sidewalks shall be installed along the entire length of internal streets on any side where building lots face the street.
(3) Dedicated open space shall be contiguous or divided into no more than two sections and shall include at least 30% of the total area of the land. The requirement of this section for open space is in addition to any provision in the subdivision regulations of the town for land set aside for recreation, open space or for land considered unsuitable for platting.
(4) Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement or other agreement in a form acceptable to the Town Board upon recommendation of the Town Attorney and duly recorded in the office of the County Register of Deeds.
(5) A plan and narrative for the use, maintenance and insurance of the open space and all common facilities, including provisions for funding, shall be included with the application for a special use permit. Such plan shall:
(a) Define ownership, as one of the following:
1. The original owner may retain ownership of the open space and common facilities and dedicate a conservation easement to a land trust or other public entity. The owner may use the land for farming, excluding livestock feeding or grazing, or for recreational purposes that do not disturb the natural setting.
2. The open space and common facilities may be deeded to a homeowners association, which may manage the common uses, recreational or otherwise, and preservation of the space.
3. The open space and common facilities may be held as common property, and a partial interest deeded with each of the building lots.
(b) Establish appropriate regular and periodic operation and maintenance responsibilities.
(c) Estimate staffing needs, insurance requirements and other associated costs and define the means for funding the same on an on-going basis.
(d) At the discretion of the Board of Adjustment, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(6) If allowed by the topography and shape of the land, each proposed building lot in the subdivision shall have at least 25% of its boundary either adjacent to the required open space, or directly facing the open space across an internal street in the subdivision. After receiving evidence, the Board of Adjustment shall determine on a case-by-case basis which lots, if any, may be excused from this requirement. Preservation of valuable natural or historic features present on the property may also be grounds for exception.
(7) The Board of Adjustment should encourage close proximity to other similar development.
(8) The Board of Adjustment may impose other conditions on granting of the conditional use permit at its discretion, including, but not limited to: provisions for additional utilities, drainage, other physical improvements, landscaping, lighting, streets and access ways, safety, and compatibility of appearance and design.
(B) When the Board of Adjustment has granted a conditional use permit for a conservation subdivision, the subdivision review and approval process may continue as provided in the Subdivision Ordinance, with approval of the preliminary plat and permission for the owner to begin site improvements.
(C) In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the town may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner(s), homeowner’s association, or to the individual property owners that make up the homeowner’s association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
(Ord. passed 9-3-1986; Ord. passed 5-6-2008)