In addition to the applicable provisions stated in Chapter 1266, the intent and purpose of the Conservation Development District is to permit planned developments in Single-Family Residential District, subject to Village Council approval, which:

   (a)   Have creative and imaginative layouts that respect environmental features;

   (b)   Have a harmonious and integrated design and visual character;

   (c)   Maintain the established density of the Village;

   (d)   Encourage the permanent preservation of open space and natural amenities through the use of conservation easements;

   (e)   Do not increase the overall density of development within the Village; and

   (f)   Maintain the overall character of the Village and provide for development that is compatible with surrounding neighborhoods.

(Ord. 2011-65. Passed 5-21-12.)

   For the purpose of this section, the following terms shall have the meaning herein indicated:

   (a)   “Conservation Development District (“District”)” means a contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would be applied under single-family district codes, allowing for flexible groupings of houses in order to conserve open space and existing natural resources.

   (b)   “Conservation easement” means a legal interest in land that restricts development and other uses of the property in perpetuity for the public purpose of preserving the rural, open, natural, or agricultural qualities of the property as authorized by Ohio R.C. 5301.67 through 5301.70.

   (c)   “Development agreement” means the complete package of information and submittals an applicant for a Conservation Development District must have approved by the Village before beginning construction in the District. This agreement shall contain approved versions of the following:

      (1)   Subject parcel's approval for a Conservation Development District.

      (2)   Ohio Environmental Protection Agency and/or Cuyahoga County Board of Health approval of the on-site wastewater disposal system.

      (3)   Development plan.

      (4)   Fully executed conservation easement.

      (5)   Existing conditions site report.

      (6)   Yield plan.

      (7)   Stormwater management plan.

      (8)   Covenants and restrictions for the homeowners association or condominium association.

   (d)   “Development plan” means a proposal including drawings(s) and map(s) for a Conservation Development District prepared in accordance with this Code, illustrating proposed design, layout, and other features for the development and including all elements set forth in this Code.

   (e)   “Impervious cover” means any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools.

   (f)   “Isolated land” shall be any portion of the parcel that is separated from the remainder of the parcel by a slope exceeding twenty-five percent, an Ohio Environmental Protection Agency Category 2 or 3 wetland, a watercourse, or other feature that would not support a road and/or crossing under normal building standards and applicable State and Federal permit requirements, thus rendering the isolated portion unbuildable under conventional development standards and applicable local, State, and Federal codes.

   (g)   “Privately owned building lot” are those portions of the permitted buildable area of a Conservation Development District associated with each single-family residential unit in the District and solely controlled by the owner of that unit.

   (h)   “Privately owned open space” means the undeveloped open space on a privately owned building lot. This open space shall not be included in the overall calculation of restricted open space.

   (i)   “Restricted open space” means open space within a Conservation Development District that is of sufficient size and shape to meet the minimum requirements of Section 1267.06(b) and that is restricted from further development according to the provisions of this section. This shall not include open space that is part of a buildable lot.

   (j)   “Yield plan” means a subdivision layout for a parcel showing the configuration and number of lots possible in a traditional development design for the subject parcel. This traditional subdivision design shall be completed by the applicant in full compliance with all applicable Village codes and in accordance with site constraints shown in the existing conditions site report submitted under this section.

(Ord. 2011-65. Passed 5-21-12.)

   The following shall govern the establishment of any Conservation Development District:

   (a)   No Conservation Development District shall be permitted or approved except subsequent to petition by the owner(s) of land proposed to be included within the Conservation Development District.

   (b)   Sewage Treatment Facilities. Unless sewers are available, each Conservation Development District shall be served by an on-site wastewater disposal system approved by the Village in coordination with the Cuyahoga County Board of Health and the Ohio Environmental Protection Agency. Said system shall provide for a common system, serving all properties, if practical and feasible, and allowable by those agencies having approval/permitting authority over such systems.

   (c)   Each Conservation Development District shall have a minimum area of not less than fifteen contiguous acres. Property that is divided by a public right-of-way shall not be deemed contiguous for the purposes of this Code.

   (d)   Each Conservation Development District shall be developed in conformance with an approved development plan that has been reviewed and approved by the Village in accordance with the provisions set forth herein.

(Ord. 2011-65. Passed 5-21-12.)

   Uses shall be limited to single-family detached residences.

(Ord. 2011-65. Passed 5-21-12.)

   (a)   Only those accessory uses and structures permitted in the Single-Family Residential District, as applicable, identified on the approved development plan and specifically recommended by the Planning and Zoning Commission and approved by Village Council shall be permitted.

   (b)   The total aggregate building ground coverage of all accessory structures and uses within a Conservation Development District shall not exceed a maximum of 500 square feet per dwelling unit.

(Ord. 2011-65. Passed 5-21-12.)

   The following development standards shall apply to all Conservation Development Districts:

      (1)   Restricted open space shall be as set forth on the final approved development plan provided, however, that the land area designated for restricted open space shall not be less than forty-five percent of the total land area of the Conservation Development District. Restricted open space shall be located and designed to be integrally related to the overall design of the development and to conserve and protect significant natural features such as floodplains, steep slopes, wetlands, woodlands, streams, lakes, historic features, and other environmentally sensitive areas. Restricted open space shall be kept in its natural state except for generally accepted woodland and field management practices and unless authorized in an approved development plan.

      (2)   The restricted open space shall be made subject to a perpetual conservation easement in a form approved by the Village in favor of an organization or agency acceptable to the Village. Conservation easements shall include the Village as third party beneficiary of the terms of the easement with the right, but no obligation, to enforce the provisions of the easement.

      (3)   All of the restricted open space within a Conservation Development District shall be contiguous unless otherwise specifically authorized by Village Council. It is preferred that proposed restricted open space abut areas that have existing conservation easements.

      (4)   Restricted open space shall not be used for the location of on-site wastewater disposal systems or structural stormwater management practices.

      (5)   No portion of any privately owned building lot within a Conservation Development District shall be included in the calculation of restricted open space for the purposes of complying with the requirements of paragraph (1) above.

      (1)   All streets, public or private, shall meet Village standards in place at the time of application and shall be designed as approved by the Village Engineer.

      (2)   Each dwelling unit shall have access to a street internal to the Conservation Development District in a manner defined on the final development plan.

      (1)   No building, structure, or parking area shall be located closer than 100 feet to the right-of-way line of an existing public street.

      (2)   No building, structure, lighting or parking area shall be located closer than 100 feet to any development plan boundary line.

      (3)   Buildings and accessory structures in Conservation Development Districts shall be located no closer than fifty feet from the edge of pavement within the development.

      (4)   The minimum distance between dwelling units shall be fifty feet.

      (5)   The setback and separation codes contained herein shall not apply to structures such as boundary fences, driveways, entry gates, and gateposts.

(Ord. 2011-65. Passed 5-21-12.)

   (a)   Once an application is deemed complete by the Building Inspector, the applicant shall present to the Planning and Zoning Commission for review of the preliminary development plan per Section 1267.11.

   (b)   At the next scheduled Planning and Zoning Commission meeting, the Commission shall consider the preliminary development plan. The Commission shall vote to recommend to Council approval or disapproval of the preliminary development plan as submitted or as modified to meet its suggestions.

      (1)   Approval.

         A.   If the vote of the Commission is to recommend approval of the preliminary development plan as submitted or as modified to meet its suggestions, it shall send the preliminary development plan to Council with a written report of its action.

         B.   Council shall, by record vote, approve or disapprove the preliminary development plan by majority vote.

         C.   If Council approves the preliminary development plan, the owner and/or agent of the owner may proceed with the final development plan, which shall include all modifications as suggested by the Commission, Village Council and the Village Engineer.

      (2)   Failure to approve. If the vote of the Commission does not recommend approval of the preliminary development plan, its action is final unless the owner and/or agent of the owner elect to appeal the adverse report to Council per Section 1262.02(b).

(Ord. 2011-65. Passed 5-21-12.)

   When reviewing an application for a Conservation Development, Village Council and the Planning and Zoning Commission, shall consider, but shall not be limited to considering the following characteristics of the proposed development:

   (a)   The comprehensive nature and design of the preliminary development plan, including appropriate design of the physical and aesthetic relationships among its parts;

   (b)   The anticipated impacts of the proposed development upon the Village and upon adjoining and proximate neighbors and properties;

   (c)   The proposed architectural and site design characteristics;

   (d)   The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering;

   (e)   The suitability of the proposed separations between buildings, including any proposed setbacks or yards; and

   (f)   Conformance with the maximum density as established by this chapter based upon the yield plan.

(Ord. 2011-65. Passed 5-21-12.)

   Final development plans conforming to the requirements of Section 1267.12 submitted to the Planning and Zoning Commission for review shall be based on a previously approved preliminary development plan and may be for portion or phases of the entire project. Final development plans shall be submitted at least thirty working days prior to the meeting at which said plans will be reviewed by the Planning Commission. A minimum of ten copies shall be submitted. Submission shall include fees and deposits as required by the Village Fiscal Officer.

(Ord. 2011-65. Passed 5-21-12.)

   The Planning and Zoning Commission shall review the final development plan and shall make a recommendation to Village Council regarding same within sixty days of the date at which said final development plan is first heard by the Planning and Zoning Commission unless such time is extended with the consent of the applicant. The Planning and Zoning Commission may suggest, and Village Council may attach, such conditions to the approval of a final development plan as may be reasonably required by the public health, safety and welfare and deemed appropriate to carry out the purposes and intent of this Code. Village Council shall act by motion upon the final development plan referred by the Planning and Zoning Commission within sixty days of receipt of the Commission's recommendation provided, however, that said time period may be extended by Village Council.

(Ord. 2011-65. Passed 5-21-12.)

   Each preliminary development plan shall include six copies of the following documents drawn to scale and these documents shall include, at a minimum, the following data:

   (a)   The name of the development, the name of the owner or developer, north arrow, date, and scale;

   (b)   A boundary survey;

   (c)   Existing topography and proposed finished grade with a maximum two foot contour interval;

   (d)   Isolated lands, flood hazard areas, wetlands, and watercourses: These site features shall be based on best available record information and wetlands and watercourses shall be based on a delineation performed in accordance with U.S. Army Corps of Engineers requirements in place at the time of application of this Code. This delineation does not have to be approved by the U.S. Army Corps of Engineers when the preliminary development plan is submitted but must have Corps' approval with the submission of final development plans;

   (e)   A list of threatened and endangered species;

   (f)   Proposed building locations, separations, and setbacks;

   (g)   Proposed roadway and pedestrian facility plans;

   (h)   Preliminary stormwater management plan;

   (i)   Existing and proposed water distribution facilities;

   (j)   Location and size of sewage disposal area(s);

   (k)   General concept plans for landscaping and buffering;

   (l)   Architectural concept plans of proposed buildings and structures;

   (m)   Typical sections for all roadways and access drives;

   (n)   Proposed phases if the project is to be developed in stages; and

   (o)   A table containing calculations of building ground coverage and the total area of impervious cover.

   (p)   Yield plan. The applicant shall prepare a yield plan showing a layout for a traditional subdivision on the subject parcel in full compliance with Village codes and taking into consideration all information depicted on the existing conditions site report required by subsection (a) herein.

(Ord. 2011-65. Passed 5-21-12.)

      (1)   Final development plans shall be prepared by a registered professional engineer.

      (2)   Final development plans shall include detailed design information for all the items contained in the preliminary development plan but shall also include detailed construction drawings for proposed improvements including such items as required in Section 1240.06.

      (3)   The development agreement shall be submitted with the final development plan.

(Ord. 2011-65. Passed 5-21-12.)

   The owner, homeowners association, or condominium association of an approved Conservation Development District may submit plans for amendment of the approved final development plan. The Planning and Zoning Commission and Village Council shall review such proposed modifications to the final development plan and may grant approval of such changes if the Planning Commission and Village Council determine that all of the following are met:

   (a)   The amendment is generally in conformance with the form, nature, and intent of the approved final development plan;

   (b)   The total number of dwelling units within the Conservation Development District will not be increased;

   (c)   The percent of impervious cover on the total area of the Conservation Development District will not be increased above ten percent; and

   (d)   The amount of restricted open space will not be reduced.

(Ord. 2011-65. Passed 5-21-12.)