It is the purpose of a PCS district to provide flexibility in ensuring preservation of open space within a master-planned residential development. A conservation subdivision design preserves open space while maintaining large lots for residential units of the overall site area.

(Ord. of 12-3-2018)

Neighborhoods surrounded by aesthetically and ecologically are important and adds to the design process to identify and set aside conservation open space areas prior to the delineation of transportation and residential lot layouts. Open space includes wetlands, river or stream buffers, woodlands, playing fields, and meadows.

(Ord. of 12-3-2018)

The intent of the conservation subdivision regulations is to:

1.

Preserve significant areas of land for ecological, recreational, and agricultural purposes in perpetuity;

2.

Encourage more efficient development of land consistent with public health, safety, and general welfare;

3.

Afford greater flexibility of design and placement of buildings and structures;

4.

Preserve and protect exceptional terrain, natural beauty, or sites of historic interest from inconsequential placement of homes, roadways, utilities and appurtenances;

5.

Preserve the streams and tributaries as natural resources;

6.

Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water;

7.

Preserve wetlands, acquires, topographical or soil features, marine and wildlife habitat; and other features having conservation values, including views, vistas, and indigenous vegetation; and

8.

Promote a less sprawling form of development.

Conservation subdivisions are allowed as a permitted right in accordance with the requirements set for in this zoning ordinance and is a floating zone, which is allowed in all residential districts.

(Ord. of 12-3-2018)

An additional definition of "open space" in this section shall be undeveloped land, which is set aside permanently for common use by the residents of the subdivision.

(Ord. of 12-3-2018)

Open space land shall be preserved and maintained solely for the purposes specified above, and shall be maintained solely by the following:

1.

Established of a mandatory home owners association to own and maintain the land in common for the open space purposes intended according to the following provision:

a.

With their application for a permit to build a conservation subdivision, developments will create and submit minimum requirements and structure for the homeowners association before the first lot is sold.

b.

The homeowners association will maintain, pay taxes, and own the open space.

c.

Membership in the homeowners association is mandatory for all homeowners, and dues are uniform.

d.

The homeowners association shall stipulate in its by-laws that the city may enforce the maintenance of the open space through legally enforceable means.

2.

Dedication of legally described and platted "open space" to the city, may be allowed by approval of the city council.

3.

Dedication of legally described and platted "open space" to a land trust may be established in compliance with the requirements of state law and shall be for conservation purposes.

(Ord. of 12-3-2018)

The city council shall require the owner or owners of open space land to execute, acknowledge, and file in the land records of the county, including documents and maps which effectively create a conservation easement or other legal conveyance approved by the city or its designee. These records

1.

Will be binding on all future owners of the open space land;

2.

May be enforced by the adjoining property owners, the city, or a land trust by appropriate court action for equitable relief in the form of an injunction:

3.

Will assure appropriate maintenance by the homeowners' association or as otherwise herein provided, of open space land to the satisfaction of the city;

4.

Will provide that if maintenance, preservation, and/or use of the open space no longer comply with the provisions of the easement, the city may take all necessary action to effect compliance and assess the cost against the owners in default.

5.

Will provide that such easement may not be modified, altered, or amended.

(Ord. of 12-3-2018)

Easements will allow designated open space to be used for community sewer system drip lines or individual septic systems secondary drain lines, wells, and storm water management structures designed to promote on-site infiltration and/or treatment or runoff.

(Ord. of 12-3-2018)

Structures of historic, architectural, or cultural significance existing prior to development of the subdivision may be retained within the open space, subject to approval indicating that these structures are compatible with the city zoning ordinance.

(Ord. of 12-3-2018)

Design standards for road construction in a conservation subdivision shall be consistent with those set for in the city development standards with the following exceptions:

1.

Minimize the number of cul-de-sac streets by providing more than one entrance to the development and interconnect streets as much as possible.

2.

For cul-de-sac streets, minimize the amount of impervious surface by limiting the internal turning radius to 60 feet and the width of the paved lane to 20 feet. Use grass and vegetation for the inner circle of turn-arounds, rather than paving the entire area. Declare the homeowners association responsible for the maintenance of the grassy area in the neighborhood bylaws.

3.

Omit curbs wherever possible.

4.

As an alternative to curb and gutters, allow runoff from roofs and pavements to pass immediately through grass swales or infiltration basins. Use plant material that will absorb rainwater and act a natural filter for oil and pollution.

5.

Utilize permeable pavement for street surfaces, driveways, sidewalks, and pedestrian and bike paths, except where steep slopes, swelling soils, and other site-specific constraints make it unfeasible. Examples of permeable pavement used in neighborhood developments include permeable crushed stone aggregate, open- celled pavers, porous asphalt, and porous concrete. Wooden decks, paving stones, and wood mulch are recommended for pedestrian areas.

6.

Provide marked, permeable paved paths for nonvehicular traffic within the development and connecting to neighboring residential and commercial areas.

(Ord. of 12-3-2018)

1.

Large lots allow for the placement of all principal buildings to provide for a safe, quiet, and harmonious grouping as well as adequate privacy by providing increased front, side and rear yards.

2.

At least one member of the homeowners association should receive training in wildlife habitat conservation, enhancement and maintenance.

3.

Each homeowner should be given site-specific information about indigenous habitat and diversity of species.

4.

The homeowners association should develop a long-term conservation plan for each individual lot and the maintenance of common areas. This plan should include examples of environmentally friendly landscaping techniques for homeowners.

(Ord. of 12-3-2018)

PCS-PLANNED CONSERVATION SUBDIVISIONS DISTRICTS

(Ord. of 12-3-2018)

1.

Commercial uses.

2.

Industrial uses.

3.

Manufactured (mobile) homes and houses moved from other locations.

4.

Animals which individually or in numbers, create a nuisance by noise, smell, unsanitary or visual effects. Animals such as dogs and cats are permitted when their number in relation to area does not create a nuisance to neighbors. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages under the same provisions. No swine are permitted.

5.

Any use not permitted in accord with the terms hereof.

(Ord. of 12-3-2018; Ord. No. 03-2021, § 1, 10-18-2021)