Developing a conservation design subdivision allows greater
design flexibility and is intended to:
A.
Maintain and protect the rural character of the Village;
B.
Allow for the continuation of limited agricultural uses in those
areas best suited for such activities and when the continuation of
such activities would be compatible with adjoining nonfarm uses; and
C.
Preserve, protect and minimize disturbance of the natural resources
and environmentally sensitive areas in the Village.
A conservation design subdivision is reviewed as a planned development
district as set forth in Article 6, except as may be specifically
modified in this article.
Conservation design developments are only allowed in the Single-Family
Cluster (RS-1B) District and Two-Family Cluster (RD-2) District.
At the time of establishment, the conservation design project
must include 18 acres or more of contiguous lands.
At the time of establishment, all land within a conservation
design project shall be under single ownership or control.
The number of lots in a conservation design development is determined
based on the steps described below.
A.
Step one. Calculate the net developable area as follows:
(1)
Total site area as determined by site survey: _____ acres.
(2)
Subtract total reductions from Table A below: (minus) _____
acres.
(3)
Equals net developable area: _____ acres.
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Table A
Area Reductions for Environmental Constraints and Other Features
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|---|---|
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100% of the area that is needed for public right-of-way for
any existing roads (i.e., from lot line to the base setback established
by the Washington County Highway Width Map)
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_____ acres
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100% of the area that is within the floodplain overlay district
and that is or can be defined as floodway
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_____ acres
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50% of the area that is within the floodplain overlay district
and that is or can be defined as floodfringe
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_____ acres
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50% of the area that constitutes a wetland
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_____ acres
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50% of the area where the slopes are more than 20%
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_____ acres
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50% of the area within the Environmental Corridor Overlay District,
if any
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_____ acres
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10% of the area where the slopes are from 12% to 20%
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_____ acres
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Total
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_____ acres
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Note: Acres are rounded to tenths of an acre.
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B.
Step two. Calculate the maximum number of residential lots by dividing
the net developable area by the minimum lot size for the zoning district
(either RD-2 or RS-1B). (The dividend is rounded down to the next
whole number.)
C.
Step three. The land division is laid out so that each lot 1) complies
with all applicable dimensional standards (e.g., minimum lot area,
lot width) as set forth in the zoning district regulations and land
division regulations, 2) do not contain more than the maximum levels
of features in Table B, and 3) has a building envelope of sufficient
size and configuration to accommodate principal and accessory uses
that are allowed in the zoning district. Overall, lots must be laid
out so as to minimize potential development in the Environmental Corridor
(EC) Overlay District.
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Table B
Maximum Area of Lot with Environmental Constraints
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|---|---|
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Feature
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Percent of Lot
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Wetlands (These are to be located in outlots.)
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0%
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Floodway
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10%
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Land where the slopes are more than 20% plus floodfringe
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40%
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Lots in a conservation subdivision project shall comply with
the minimum lot sizes and comply with the overall density requirements
set forth in Appendix C[1]:
A.
A minimum of 40% of the total gross area of a parcel developed must
be preserved as open space in one or more open space areas that are
either designated, dedicated, reserved, or restricted for public or
private use or enjoyment by property owners and/or occupants of adjoining
land. Such open space shall not include areas required for public
highways, roads or streets or individual on-site sanitary septic systems
intended to serve residential lots.
B.
Open space areas shall be comprised of undevelopable and indivisible
outlots owned in equal undivided interest by the owners of the other
lots or parcels within the subdivision plat or certified survey map
as tenants in common (See open space area ownership and maintenance
requirements in this section.) and designated as such on the subdivision
plat or certified survey map for the parcel being developed and in
the deed of conveyance for each lot or parcel; and/or portions of
lots or parcels under individual ownership within the development
that are deed restricted against further development, division and
for perpetual open space or natural resource protection, agricultural,
and/or recreation use, provided that:
(1)
Such lots or parcels under individual ownership are on lots
or parcels 10 net acres or more in area.
(2)
Such deed restricted open space areas shall not include those
portions of a lot or parcel required for yards or building setbacks.
(3)
Such deed restricted open space areas shall not exceed 50% of
the total amount of required open space areas.
(4)
The allowance for open space areas on individual lots or parcels
is proposed to accommodate the continuation of an agricultural operation
or activity in existence prior to the effective date of the ordinance
from which this section is derived or be included as part of a recreational
business use, including, but not limited to, golf courses, driving
ranges, sports clubs, polo fields, riding academies, horse stables.
A.
Open space areas may be dedicated to and accepted by the Village
if said open space areas are contained in an adopted park/open space/conservancy
plan.
B.
Unless otherwise dedicated to the Village for public use as required
herein, all open space areas counted toward the satisfaction of the
minimum open space requirements shall be subject to conservation and/or
other open space preservation easements regulating the protection
of said open space areas from further development and/or division.
Such easements shall be reflected on the subdivision plat or certified
survey map and contained in a restrictive covenant or other legal
instrument reviewed and approved by legal counsel for the Village.
Such instruments shall ensure that all such easements are held privately
and in perpetuity by the individual property owner or a nonprofit
membership corporation or other legal entity, e.g., homeowners'
association, and that the developer, individual property owner, or
other legal entity is responsible for the ownership, perpetuation,
care, and maintenance of all such open space areas.
C.
Such instrument shall legally describe and identify as to location,
size, and use of the open space areas subject to the conservation
or other open space preservation easement, compulsory membership and
compulsory assessment provisions for all property owners within the
subdivision (when applicable) for the perpetual care and maintenance
of such open space areas.
The design and layout of residential lots and open space outlots
shall satisfy the following:
A.
Residential lots and open space outlots shall be designed and arranged
to minimize the destruction or alteration of natural resource features.
In order of priority, open space outlots should include the following
natural resource, open space, and agricultural features, in whole
or in combination, in order to maximize preservation of the Village's
rural character:
(1)
Lakes, ponds, rivers, streams, wetlands, shorelands and floodplains;
(2)
Woodlots and forests;
(3)
Steep slopes (greater than 12%);
(4)
Other areas located designated as environmental corridors on
the future land use map in the Village's Comprehensive Plan;
(5)
Other areas comprised of wet, poorly drained and organic soils;
(6)
Prairies; and
(7)
Other drainage and stormwater facilities.
B.
Open space areas shall be designed and arranged as contiguous areas
having a minimum area not less than 10% of the total gross area of
the parcels being developed.
C.
Open space areas shall be designed and arranged to:
(1)
Provide a perimeter buffer not less than 50 feet in width between
residential lots within the subdivision and adjoining property;
(2)
Provide for the continuation of and cross access between existing
and future open space areas on adjoining properties;
(3)
Provide at least one pedestrian-type accessway or easement from
each public subdivision street to each open space area within the
development that is not less than 30 feet in width;
(4)
Provide a minimum open space buffer not less than 200 feet in
width between the nearest property lines for any residential lot and
all state highways, county highways, and Village section line roads;
and
(5)
Provide a minimum open space buffer not less than the following
between the nearest property lines for any residential lot and the
perimeter boundary of all wetlands currently inventoried and designated
by the state Department of Natural Resources (DNR), Army Corps of
Engineers (ACOE), and/or state Natural Resources Service (NRCS):
D.
Residential lots should be arranged within the parcels being developed
in order to:
E.
Individual lots, parcels and outlots should be designed and arranged
to minimize the amount of land required for additional public roads
while providing for the future extension of public streets to adjoining
vacant land.
A.
The open space requirements described in § 170.1047 and
the steep slope reductions described in § 170.1045 may be
modified by special exception granted by the Village Board under the
following limited circumstances:
(1)
The gross development area (GDA) of the parcel to be developed
is 200 acres or more.
(2)
The development project must include remediation of land that
was formerly used for nonmetallic mining (e.g. a gravel pit), which
has not been remediated to the satisfaction of the Village Board at
the time of the petition.
(3)
The proposed remediation of the nonmetallic mining site must
be done to the satisfaction of all county, state and federal governmental
authorities having jurisdiction, and to the satisfaction of the Village
Board, to allow the land to be used as contemplated by the development
proposal. The remediation shall include, but not be limited to, all
necessary environmental restoration. The remediation must be completed
prior to building permits being issued for any lot in the proposed
development.
B.
The special exception may allow the otherwise applicable requirements
of this chapter to be modified in one or both of the following ways:
(1)
The Village Board may reduce the open space requirement in § 170.1047
as necessary to allow up to 10 more lots per 250 acres of gross development
area (GDA) being developed.
(2)
The Village Board may reduce or eliminate the steep slope density
reductions described in § 170.1045 as necessary to allow
up to three more lots per 250 acres of gross development areas (GDA)
being developed.
C.
A property owner may petition to the Village Board for a special
exception as described herein. The petition shall be filed with the
Village Clerk and shall be accompanied by such fee as may be established
by the Village Board from time to time by separate resolution. The
petition shall include a detailed description of the proposed development.
Upon receipt of the petition and payment of such fee as may be required,
the Village Clerk shall refer the matter to the Plan Commission. The
Plan Commission shall consider the matter and make a recommendation
to the Village Board.
D.
The Village Board must make all of the following findings prior to
granting a special exception under this section:
(1)
The benefits of the remediation outweigh the loss of open space
within the development, if the special exception reduces the otherwise
applicable open space requirements.
(2)
The benefits of the remediation outweigh the increased density,
if the special exception alters the steep slope reductions in the
density calculations.
(3)
The grant of the special exception, and the proposed development,
will not be adverse to the public health, safety or welfare.
(4)
The grant of the special exception, and the proposed development,
will not be in conflict with the spirit or intent of this chapter.
E.
The Village Board shall issue its decision in writing, including
any conditions of approval if conditional approval is granted. The
Village Clerk shall provide a copy of the decision to the petitioner.
F.
The special exception, if granted, shall be limited to the owner
and developer described in the application, and limited to the development
proposed in the application. Any new owner of the development parcel,
new developer, or modified development plan that differs in any significant
way (as determined by the Village Board) from the proposal submitted
with the petition shall be a new matter, and shall require a new application
to be submitted in accordance with all applicable procedures.
G.
Should a development proposal which is granted a special exception
as described herein be abandoned in any manner, or a final plat of
the development not be filed within three years of the date that the
special exception is granted, unless extended in writing by the Village
Board, or should the project be continued other than in strict conformity
with the conditions of the approval of the special exception, or should
a change in the character of the surrounding area or of the development
itself cause it to be no longer compatible with the surrounding areas,
or for similar cause based upon considerations of public health, safety
or welfare, the special exception may be terminated by action of the
Village Board following referral to the Plan Commission for recommendation
and a public hearing thereon.
