(a)

Purpose. These regulations are adopted to provide for increased greenspace in the city, and to preserve open land in perpetuity for future generations, while not increasing the overall development levels for the city. The purpose is further to maintain and increase the aesthetic beauty of the city, improve the value of adjacent property, and generally serve to enhance the public health, safety and welfare of the citizens of the city.

(b)

Procedure. A conservation subdivision allows increased residential density in conjunction with the voluntary fee simple grant of undeveloped and undisturbed greenspace to the city or to a land trust acceptable to the city along with a permanent conservation easement. The applicant seeking to develop a conservation subdivision must meet with the zoning administrator and provide a survey of the entire tract, prior to placement of lots and roads. The city and the applicant shall then agree upon the tract to be donated. Where possible, the tract to be donated should connect with other greenspace tracts or trails. A minimum of one-half of the total acreage of the parcel must be donated to qualify for a conservation subdivision.

(c)

Density bonus. In a conservation subdivision, the minimum lot size is reduced by 50 percent from the existing minimum residential lot size under that zoning classification, if sewer is available. If sewer is not to be used for waste disposal, the minimum lot size shall be 50 percent of the existing minimum, or the amount required by the health department, whichever is greater. Side and rear setbacks may also be reduced where necessary to obtain such density bonus, provided that the fire marshal finds that there is adequate fire flow to support the reduced setback.

(d)

Greenspace areas. Greenspace areas shall include, but not be limited to, wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property. Greenspace areas shall be contiguous on the parcel. Greenspace shall be contiguous to other greenspace parcels, public parks, and similarly preserved land where possible. Greenspace land shall be undisturbed and undeveloped. Greenspace must be accessible by a public road.

(e)

Standards. Approval of a conservation subdivision shall be granted or denied by the zoning administrator. The zoning administrator shall consider the following factors: whether the applicant has designated and offered to dedicate appropriate amounts and locations of greenspace; whether the conservation subdivision would be detrimental to the surrounding uses; whether the terrain or location of the property is not suitable for a conservation subdivision, or is not desirable as greenspace; whether the area remaining after dedication of greenspace is suitable for development at the proposed density.

(f)

Approval, post-approval procedure. The zoning administrator shall issue written approval or denial of the conservation subdivision. Upon approval of the conservation subdivision, the applicant shall cause a survey and legal description to be prepared of the greenspace. Greenspace shall be clearly identified on all preliminary plans and all development plans. Greenspace shall be dedicated to the city (or to such land trust as the city may designate) prior to approval of the final plat, by fee simple deed and/or conservation easement preserving the property in perpetuity as greenspace, and in a form approved by the city attorney.

(g)

Alternative greenspace. In order to meet the greenspace requirement for a conservation subdivision, the applicant may propose alternative greenspace at other locations in the city. Any alternative greenspace must be approved by the governing body and upon a finding that the acceptance of alternative greenspace is in the best interest of the public of the citizens of the city.

(Ord. No. 12-22-20, 1-5-2021)