The conservation area and development area on the conservation and development areas map shall comply with the following standards:
A. Primary Conservation Areas.
1. Features to be Preserved. The following features shall be located and delineated on the conservation and development areas map, and shall be preserved in the following priority order as primary conservation areas:
a. Areas with existing mature trees around the perimeter of the site;
b. U.S. Army Corps of Engineers designated 404 wetlands;
c. Riparian buffers and other lands within 50 feet of estuarine or other surface waters;
d. Areas with impermeable soils; and
e. Habitat utilized by endangered or threatened species or designated Natural Heritage Areas.
2. Amount to be Preserved. All areas occupied by features comprising a primary conservation area shall be set aside and reserved for conservation purposes in accordance with the following standards:
a. Primary Conservation Area is less than Minimum Required. In cases where the geographic area occupied by all features comprising the primary conservation area is less than the minimum required conservation area, then all lands comprising the primary conservation area shall be set aside.
b. Primary Conservation Area Exceeds the Minimum Required.
i. In the event the geographic area of all features identified and prioritized as the primary conservation area results in a primary conservation area exceeding the conservation area requirement, priority for retention shall be given to the highest quality portion of the features to be conserved. (For example, conservation of the first type of prioritized features constitute 47 percent of a site, and the next prioritized feature consists of five percent and the minimum required conservation area is 50 percent of the site area, the applicant may identify which portions of the features exceeding the 50 percent conservation area requirement will be designated for conversion to development area).
ii. Development on lands made available for conversion to development area shall be in accordance with the standards in this Ordinance.
3. Allowable Uses. Uses located within a primary conservation area shall be limited to:
a. Pervious pedestrian trails, walkways, and boardwalks;
b. Above ground and below ground public utilities and associated easements, provided no feasible alternative exists;
c. Street or driveway crossings, provided such crossings do not violate this Ordinance, or other State or federal laws;
d. Stormwater management systems, where no practicable alternative exists; and
e. Docks and other water-dependent features, as allowed in this Ordinance.
B. Secondary Conservation Areas.
1. Features to be Preserved. In addition to primary conservation areas, the conservation and development areas map shall also identify secondary conservation areas, which shall be preserved in the following priority order:
a. Historic, archeological, and cultural resources;
b. Prime agricultural lands, including existing pastures (whether in use or otherwise);
c. Existing and mature woodland forests, natural fields, and meadows (especially those greater than five acres);
d. Scenic corridors and views; and
e. Areas that could serve to extend existing greenways, trails, parks, or recreation areas.
2. Amount to be Preserved. All areas occupied by features comprising a secondary conservation area shall be set aside and reserved as a part of the conservation area in accordance with the following standards:
a. Primary Conservation Area Occupies More than that Required. In the event that the geographic area set aside as the primary conservation area is more of the required conservation area, no additional lands occupied by secondary conservation features shall be required to be included in the conservation area.
b. Primary Conservation Area Occupies Less than that Required. In the event the geographic area set aside as the primary conservation area is less than the required conservation area, then lands containing secondary conservation features shall also be set aside as part of the conservation area in priority order.
3. Allowable Uses. Uses located within a secondary conservation area shall be limited to:
a. All uses allowed in a primary conservation area;
b. Uses allowed in the Agricultural Use classification in Table 4.2.3, Principal Use Table;
c. Individual water supply and septic systems;
d. Stormwater management facilities;
e. Required drainage or other utility easements; and
f. Mitigation of development activities, including restoration of disturbed or degraded areas to enhance habitat and scenic value.
C. Ownership of Conservation Areas.
1. Landowner or Association. A conservation area shall be owned jointly or in common by the owners of the development or through a recognized homeowners' or property owners' association, which shall be established in accordance with Section 6.5, Owners' Associations.
2. Nonprofit Organization. The landowners may decide to convey a conservation area to a nonprofit organization such as a land trust or land conservancy for management and maintenance if the Town is provided adequate assurance the area will be properly managed and maintained.
3. Dedicated to Town or Other Public Agency. In some cases, certain lands designated as conservation areas, such as greenways, may be dedicated to the Town, a nonprofit organization, or other public agency during the development review process, at the landowner's discretion. If offered by the landowner, the Town Council shall determine whether that land is appropriate for dedication to the Town or other public agency.
4. Development Areas. After identifying the primary and secondary conservation areas, the development area shall be identified. It is the area within which development may occur, and shall include the area within the site where:
a. Any clearing or grading activities will take place in accordance with Section 6.2.4I;
b. Ingress and egress will be located;
c. Individual or community wells and septic systems may be located (if not located within the secondary conservation area);
d. Streets, utilities, and other similar structures will be located; and
e. All allowable uses may be located.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-44, passed 11-2-2020)