A.    Applicability. A Conservation Subdivision is an alternative to a conventional residential subdivision.  It is applicable in any area of the City or surrounding areas where preservation of rural or agricultural elements of the land are capable of preservation and would be in conformance with the Comprehensive Plan.  In order to ensure the minimum acceptable size of contiguous preserved area, all Conservation Subdivisions shall have a minimum parcel size of 40 acres. Two or more parcels under the same or separate ownership may be combined in a joint application to achieve the minimum parcel size.

B.    Intent. It is the intent of the Conservation Subdivision Standards to:

1.     Provide an alternative development pattern preserves the rural character that transition from the City to surrounding areas of the County;

2.     Promote environmentally sensitive and efficient uses of the land.

3.     Preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

4.     Permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

6.     Reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

7.     Promote interconnected greenways and corridors throughout the community.

8.     Promote contiguous greenspace with adjacent jurisdictions.

9.     To encourage street designs that reduce traffic speeds and reliance on main arteries.

10.   To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

11.   To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

12.   To protect prime agricultural land and preserve farming as an economic activity.

A.    Street Layout. The streets and lot layouts shall be designed and located in a manner that maintains and preserves the natural topography, involves the least practical amount of grading, shortens road lengths and lot frontages, and minimizes any other disturbances of land and natural features.

B.    Street Designs. All streets in the proposed subdivision shall utilize the Rural Context design type for all Functional Classifications.

C.    Street Connectivity. One connection to a Collector or Arterial street shall be provided for every 40 dwelling units in the subdivision. Where connections are not available, an extension of an existing or planned Collector or Arterial street shall be provided.

A.    Maximum “Cluster” Size. All residential lots and dwellings shall be grouped into clusters.  Each cluster shall contain no more than 20 dwelling units.  Conservation Subdivisions may include more than one residential cluster, provided that each cluster shall be separated by a buffer of Conservation Area.  The buffer between clusters shall be at least 200’ wide and include no disturbed areas of land.

B.    Lots. There shall be no minimum lot size for Conservation Subdivisions.  Conservation Subdivisions shall be allowed to vary the lot sizes on the developed parcel in order to fit the maximum number of units on the developed parcel as would have been allowed on the original parcel under the conventional Subdivision Standards, or the zoning for the parcel where applicable. The development yield of a parcel shall be based on a housing density determination in sub-section C.

Lots shall be configured so that buildable portions of each lot are located in the area that causes the least disturbance during construction activity.  In addition to the required preserved areas, the largest amount of area possible on each lot shall be kept in or restored to its natural vegetative state.

C.    Housing Density Determination. The maximum number of lots in the Conservation Subdivision shall be determined by Yield Plan using the following calculations

1.     Calculation: The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning.  For un-zoned area, a minimum lot size of 10 acres shall be provided. Conservation subdivisions proposed in association with a re-zoning may be designed according to the maximum number of lots in the proposed zoning, however approval of the subdivision shall be contingent on approval of the re-zoning.  In making this calculation, the following shall not be included in the total area of the parcel:

a.     slopes over 25% of at least 5000 square feet contiguous area;

b.    the 100-year floodplain;

c.     bodies of open water over 5000 square feet contiguous area; and

d.    wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act.

3.     Minimum Open Space.   At least 40% of the parcel must be preserved as contiguous open space meeting the standards of section 604 below.

4.     Lot Arrangement.  Outside of the preserved open space, the permitted number of dwelling units may be arranged on lots and housing clusters in any design that most efficiently serves the development with the required infrastructure and best protects the continuity and natural function of the open space.

5.     Density Bonus.  Conservation Subdivisions shall be allowed additional dwelling units beyond the dwelling unit yield of the original parcel based upon the percent of the original parcel that is preserved from development according to following table:

A.    Conservation Area Criteria.   All Conservation Areas shall meet the following criteria:

1.     All portions of the Conservation Area shall have significant natural features or habitats worthy of preservation for environmental, aesthetic and recreation benefits.  Areas of the development site that best meet this criteria shall be preserved from development and take priority in determining the best layout for the site.

2      No more than 50% of the Conservation Area shall be land that is undevelopable due to natural features or other physical impracticalities, such as water bodies, steep grades, or wetlands.

3.     No land that is undevelopable due to other laws or ordinances is eligible for inclusion in the Conservation Area calculations.

4.     The Conservation Area shall be contiguous, based upon consistent and substantial linkages of natural systems. While a Conservation Subdivision may involve more than one preserved area, no single contiguous Conservation Area shall be less than 5 acres or 15% of the site, whichever is greater.

5.     Thin bands of preserved areas shall be avoided to prevent erosion through “edge conditions.” Area less than 50-feet wide shall be excluded from the Conservation Area calculations.

7.     All lots shall be within 300 feet of the Conservation Area as measured by the most direct pedestrian connection or shall directly abut the Conservation Area.

8.     The Conservation Area should be usable and accessible by residents, however trails or other accessories should be designed to avoid fragmenting Conservation Areas and to minimize impact on Conservation Areas.

9.     The Conservation Area may be designated for assignment and management by a common ownership association of current and future lot owners or dedicated to the City subject to the City acceptance in its sole discretion. The City may approve the assignment of the preserved area to another public or non-profit entity in its sole discretion.

B.    Primary Conservation Area. The following are considered Primary Conservation Areas and are required  to be included within the Open Space, unless the Applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

1.     The 100-year floodplain;

2.     Riparian zones of at least 100 feet wide along all perennial and intermittent streams;

3.     Slopes above 25% of at least 5000 square feet contiguous area;

4.     Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

5.     Populations of endangered or threatened species, or habitat for such species;

6.     Archaeological sites, cemeteries and burial grounds;

7.     Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

C.    Secondary Conservation Area. The following are considered Secondary Conservation Areas and should be included within the Open Space to the maximum extent feasible.

1.     Important historic sites;

2.     Existing healthy, native forests of at least one acre contiguous area;

3.     Individual existing healthy trees greater than 8 inches caliper, as measured from their outermost drip line;

4.     Prime agricultural lands of at least five acres contiguous area;

5.     Existing trails that connect the tract to neighboring areas.

D.    Uses of Conservation Area.

1.     Permitted Uses. Uses of Conservation Areas may include the following:

a.     Conservation of natural, archeological or historical resources;

b.    Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

c.     Walking or bicycle trails, provided they are constructed of porous paving materials;

d.    Passive recreation areas, such as open fields;

e.     Active recreation areas, provided that they are limited to no more than 10% of the total Conservation Area and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the Primary Conservation Area.

f.     Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within Primary Conservation Areas;

g.    Landscaped stormwater management facilities, community wastewater disposal systems and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities shall be located outside of Primary Conservation Areas;

h.    Easements for drainage, access, and underground utility lines;

i.     Other conservation-oriented uses compatible with the purposes of this ordinance.

2.     Prohibited Uses. Uses of Conservation Areas shall not include the following:

a.     Golf courses;

b.    Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

c.     Agricultural and forestry activities not conducted according to accepted Best Management Practices;

d.    Impoundments;

e.     Other activities as determined by the Applicant and recorded on the legal instrument providing for permanent protection.

E.    Legal Restrictions.

1.     Permanent Conservation. Designation, dedication of other legal restrictions on future development of the preserved property in perpetuity shall be filed with the plat for any proposed Conservation Subdivision.

2.     Management Plan. A detailed ownership and management plan for the preserved area shall be filed with the plat for any proposed Conservation Subdivision. The plan shall:

a.     identify the owner, entity responsible for maintenance, and long-term funding strategies such as homeowners fees or assessments.

b.    demonstrate the financial feasibility of the ownership and maintenance program.

c.     Specify guidelines for how the maintenance of the Conservation Area, and any facilities eligible for location in the Conservation Area will occur.

d.    Include cost estimates for maintenance, including staffing, operation, or insurance costs, if any.

e.     Identify a board and procedures for oversight of and enforcement of the Management Plan.

3.     Ownership and Management.  Options for ownership and management of preserved area include:

a.     Dedication to the City or other public entity subject to acceptance by and at the sole discretion of the City or other public entity.

b.    Creation of or dedication to a non-profit entity capable of carrying out the ownership and management plan.

c.     Creation of a Homeowners and/or Leaseholders Association capable of carrying out the ownership and management plan.

d.    Establishment of an endowment where the principal generates sufficient annual interest to cover the yearly costs of ownership and maintenance of the preserved area.

e.     Dedication to a private or not-for-profit entity such as a land trust or similar conservation- oriented organization with the legal authority and financial capacity to accept such dedications.

f.     Dedication of a conservation easement on the Conservation Area to any of the above entities with a right of enforcement in favor of the City stated in the easement.

       Any management organization shall be bona fide and in perpetual existence and the conveyance instrument shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its function.

4.     Right of Enforcement.  In the even the party responsible for maintenance of the Open Space fails to maintain all or any portion in reasonable order and condition according to the Management Plan, the City may assume responsibility for its maintenance and may enter the premises and take corrective action, including provision of extended maintenance. The cost of sub maintenance may be charged to the Management Entity, or the individual property owners according to their pro-rata share based on the Management Plan.  Costs may include administrative costs in taking such actions as well as penalties as provided under these regulations.  Such costs shall become a lien on all subdivision properties.

5.     City Review. The legal restrictions and ownership and management plan shall be subject to review and approval by the City.