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6.2.   CONSERVATION SUBDIVISION
6.2.1.   Purpose and Intent
The purpose and intent of this section is to provide landowners in the rural and suburban portions of the Town a development option that provides additional development flexibility to build on smaller lots when additional open space set-asides are provided, and the development is designed and located in a way that protects rural character, agricultural activities, or natural and historic features on the site. This is done in order to:
   A.   Conserve open land, including those areas containing productive agricultural soils, unique and sensitive natural features such as flood plains, wetlands, river and stream corridors, areas with mature deciduous trees, and watersheds;
   B.   Promote existing rural character particularly in areas visible from major roadways in the Town;
   C.   Retain and protect existing environmental, natural, and cultural resources;
   D.   Create a linked network of open lands; and
   E.   Provide reasonable economic use of the land.
(Ord. 2020-36, passed 12-2-2019)
6.2.2.   Applicability
   A.   Type of Development. This conservation subdivision option shall be limited to development of single-family detached residential dwellings on individual lots in subdivisions of more than five lots. The conservation subdivision option shall not be available for any other form of development or use type.
   B.   Where Allowed. Single-family detached residential subdivisions of more than five lots in the RLL, R2, and R4 districts may be developed as a conservation subdivision, in accordance with the standards in this section.
   C.   Where Prohibited. The conservation subdivision option is not available for use in the R6, RMF, OI, or other commercial districts.
(Ord. 2020-36, passed 12-2-2019)
6.2.3.   Procedure
Development utilizing the conservation subdivision option shall be approved as a preliminary plat in accordance with the procedures and standards in Section 2.2.14, Preliminary Plat, after approval of a conservation and development plan in accordance with this section.
   A.   Conservation and Development Plan. Prior to review of an application for preliminary plat for a conservation subdivision, an applicant shall have a conservation and development plan for the land reviewed and approved, or approved with conditions by the Planning Director in accordance with this section and the standards of Section 6.2.4, Conservation Subdivision Standards, and Section 6.2.5, Delineation of Conservation and Development Areas.
   B.   Conservation and Development Plan Requirements.
      1.   Step 1 - Site Analysis Map. The applicant shall prepare a site analysis map that provides information about existing site conditions and context, and that analyzes existing conditions both on the land proposed for the development site and on land within 500 feet of the site, and submit the site analysis map to the Planning Director. It is the intent of this section that the information required to be presented in the site analysis map be produced primarily from existing sources, maps, in order to ensure the process is economical for the applicant.
      2.   Step 2 - Site Inspection. After receipt of the site analysis map, the Planning Director shall schedule a site inspection of the land with the applicant. The applicant or the applicant's representative shall attend the site inspection with a Town staff member. The purpose of this site visit is to:
         a.   Familiarize the staff with the existing site conditions and natural and historic features of the site;
         b.   Identify potential site development issues, including the best location for the development to ensure its visibility from surrounding areas and major roadways is minimized; and
         c.   Provide an opportunity to discuss site development concepts, including the general layout of conservation areas and potential locations for proposed structures, utilities, streets, and other development features. Comments made by the staff during the site inspection shall be interpreted as being only suggestive. No official decision on the conservation and development plan shall be made during the site inspection.
      3.   Step 3 - Conservation and Development Areas Map. Based on the site analysis map and the information obtained during the site inspection, the applicant shall prepare a conservation and development areas map that
depicts proposed primary conservation areas, secondary conservation areas, and development areas, in accordance with Section 6.2.5, Delineation of Conservation and Development Areas.
      4.   Step 4 - Conservation and Development Plan. Based on the site analysis map, the information obtained during the site inspection, and the conservation and development areas map, the applicant shall prepare and submit to the Planning Director a conservation and development plan. The conservation and development plan shall include the following:
         a.   A site analysis map;
         b.   A conservation and development areas map; and
         c.   A preliminary site improvements plan, showing proposed site development, including utilities, streets, other development features, buffers (if applicable), and lot lines located in the proposed development area(s).
   C.   Review of Conservation and Development Plan. The Planning Director shall review the conservation and development plan in accordance with the procedures and requirements of Section 6.2.4, Conservation Subdivision Standards, and Section 6.2.5, Delineation of Conservation and Development Areas.
   D.   Review and Approval of Conservation Subdivision. Following review and approval or approval with conditions of the conservation and development plan by the Planning Director for a preliminary plat of the conservation subdivision shall be submitted and reviewed in accordance with Section 2.2.14, Preliminary Plat.
(Ord. 2020-36, passed 12-2-2019)
6.2.4.   Conservation Subdivision Standards
   A conservation subdivision shall comply with the following standards:
   A.   Location. Conservation subdivisions shall be configured to minimize their visibility from adjacent lands and major roadways.
   B.   Minimum Project Size. Consecrations subdivisions shall be at least 10 acres in area.
   C.   Required Conservation Area.
      1.   The required conservation area shall occupy at least 50 percent of the total acreage of the conservation subdivision site, but nothing shall limit it from occupying more than 50 percent of a conservation subdivision site.
      2.   The conservation area shall be considered open space set-aside subject to the applicable standards in Section 5.7, Open Space.
   D.   Maximum Residential Density. A conservation subdivision shall be limited to the maximum density for a conservation subdivision in the zoning district in which it is located. Nothing shall prevent a conservation subdivision from increasing the maximum allowable residential density in accordance with Section 5.12, Sustain ability Incentives.
   E.   Dimensional Requirements. Conservation subdivision lots shall comply with the dimensional standards for the zoning district where located. Conservation subdivisions in a PD district shall comply with the dimensional requirements specified in the PD Master Plan.
   F.   Setbacks.
      1.   Conservation subdivision lots shall comply with the setback requirements for the zoning district where located.
      2.   Conservation subdivision lots in the PD district shall comply with the setback requirements specified in the PD Master Plan.
      3.   Lots in a conservation subdivision shall comply with required setbacks from streets, wetlands/surface waters, or other protected natural areas.
   G.   Maximum Lot Coverage.
      1.   Conservation subdivision lots shall comply with the maximum lot coverage requirements for the zoning district where located.
      2.   Conservation subdivision lots in the PD district shall comply with the maximum lot coverage requirements specified in the PD Master Plan.
   H.   On-Site Wastewater. With approval from the appropriate county health department, individual septic systems and drain lines may be located within the conservation area, provided:
      1.   Easements shall be recorded showing the location of systems within conservation area;
      2.   Restrictive covenants shall provide for access, maintenance, and upkeep of systems located in the conservation area; and
      3.   All septic systems shall be operated in compliance with State and local regulations.
   I.   Grading. In order to promote land development practices that maximize the preservation of natural vegetation, minimize disturbance to vegetation and soils, limit alteration of the natural topography, minimize surface water and ground water runoff and diversion, minimize the need for additional storm drainage facilities, reduce sedimentation in surrounding waters and promote land development and site planning practices that are responsive to the town's scenic character without preventing the reasonable development of land; the initial clearing and grading of all conservation subdivisions shall be limited to dedicated public rights-of-way and easements for the installation of streets, utilities, and other infrastructure. All grading activities shall be done in accordance with all applicable federal, state and local laws, rules and regulations, including those pertaining to air and water pollution and noise control.
      1.   Infrastructure. Grading for infrastructure improvements (streets, sidewalks, curb, gutter, water, sewer, utilities, stormwater, spoil and borrow areas, etc.) shall be phased according to the Master Plan. Prior to proceeding to another phase, the developer shall stabilize the present phase with adequate ground cover sufficient to restrain erosion and have all infrastructure installed.
      2.   Lots. Grading of individual lots within any conservation subdivision shall not begin without having first obtained a building permit from the Town of Zebulon and shall be limited to those areas comprising the building footprint, driveway and a minimal area surrounding the building footprint to accommodate construction equipment.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-44, passed 11-2-2020)
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