6.00.01.

Purpose. Flexibility, creativity, and innovation in design are often limited through applying conventional standards. It is the intent of the county to expand the opportunities for property owners and developers to achieve creative and/or innovative site designs. Alternative site design standards are provided in this chapter for a variety of situations.

6.00.02.

Applicability.

A.

At the discretion of the property owner, the site design standards set forth in sections 6.01.00 and 6.02.00 may be applied to the design, construction, and use of property. The property owner may choose to design and develop a parcel according to the standards set forth herein.

B.

Proposals to design and develop land according to one (1) of the alternative situations described in this chapter shall conform in all respects to the alternative design standards applicable to the situation that is chosen by the property owner.

C.

An applicant shall select either conventional standards or alternative standards, but not both. Conventional standards and alternative standards shall not apply in the development of a parcel; only one (1) set of standards shall be used in the design and development of a site.

D.

Future modifications, extensions, or expansions to a site designed according to alternative design standards in this chapter shall also comply with the alternative design standards.

6.01.01.

Green infrastructure and low impact development.

1.

A predesign meeting with county staff is required to review preliminary designs involving the green infrastructure and low impact development items listed below. County staff, including the stormwater quality and pollution prevention department director and/or designee, will evaluate proposed design options on a case-by-case basis to determine potential impacts to safety considerations and adjacent properties, practicability, compliance with local, state, and federal regulations and rules, etc. Site designs utilizing green infrastructure/low impact development must be approved by the stormwater quality and pollution prevention department director and/or designee during the predesign stages of site plan development. It is the responsibility of the property owner, developer, contractor, agent, operator, etc. (those responsible for day-to-day operational control of project plans and specifications to ensure compliance) to have such approvals prior to advancing with site design strategies or applying for necessary permits from the county or other municipalities, agencies, etc.

2.

The county will consider design options including, but not limited to, the following items:

A.

Site preservation and conservation considerations (i.e. greenspace, extended buffering of aquatic resource areas and features, mature canopy and/or preferred vegetative community preservation, reduced impervious surface footprint, avoidance of soil disturbance to steep slopes, etc.), especially in those areas where native vegetation and/or highly productive soils are present;

B.

Redevelopment sites, where proposed post-construction conditions would result in runoff water quality and/or other environmental improvements to the existing condition of the site;

C.

Use of pervious/permeable material(s) for parking areas and private roadways under twenty-five (25) mph;

D.

Use of pervious/permeable material(s) for driveways, consistent with current Georgia Stormwater Management Manual specifications;

E.

Use of bio-retention islands and/or other green practices which accomplish increased on-site infiltration;

F.

Implementation of rain gardens, rain barrels, and/or other rain collection practices, so long as such practices are constructed and maintained in accordance with other applicable ordinances;

G.

Collection of roof stormwater drainage and/or discharge into undisturbed, appropriate pervious areas, as determined by a certified soil scientist, environmental scientist, geologist, or other appropriate professional;

H.

Tree saves, native species planting, extended vegetated buffers, and other practices that increase post-development shading;

I.

Parking lot size reduction/use of parking decks, consistent with current Georgia Stormwater Management Manual specifications;

J.

Landscaped/bioretention islands in roadways and/or cul-de-sacs;

K.

Reduction of residential driveway widths;

3.

Additional and further guidance on alternative green infrastructure and low impact development design considerations is provided in the most current Georgia Stormwater Management Manual. As required, Henry County has adopted the most current Georgia Stormwater Management Manual for guidance and implementation of green infrastructure and low impact development site designs.

6.01.02.

Traditional neighborhood development (TND). (Reserved)

6.01.03.

Rural neighborhood commercial (RNC). (Reserved)

6.01.04.

Transit-oriented design (TOD). (Reserved)

(Ord. No. 17-17, § I, 12-5-17)

6.02.01.

Conservation subdivision development (CSD). An approved conditional use subject to section 11.05.00 of this ULDC shall be required for all conservation subdivisions.

A.

Purposes.

1.

To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure.

2.

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

3.

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

4.

To 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.

5.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

6.

To promote interconnected greenways and corridors throughout the community.

7.

To promote contiguous greenspace with adjacent jurisdictions.

8.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

9.

To encourage street designs that reduces 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 view of open space.

12.

To preserve important historic and archaeological sites.

B.

General regulations.

1.

Applicability of regulations. The conservation subdivision is available in the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5, MU, and IAC zoning districts. The applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those that are incompatible with the provisions contained herein.

2.

Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownerships. If held in multiple ownerships, however, the site shall be developed according to a single plan with common authority and common responsibility.

3.

Housing density determination. The maximum number of lots in a conservation subdivision shall be determined using the following yield plan method:

Yield plan: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations. The following shall not be included in the net acreage of the parcel:

a.

Slopes over twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area;

b.

The 100-year floodplain;

c.

Bodies of open water over five thousand (5,000) square feet contiguous area;

d.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or

e.

Anticipated right-of-way needs for roads and utilities.

C.

Conservation subdivision development standards.

Table 6.02.01(C) CSD Dimensional Standards

D.

Design options.

1.

Multiple pod design: The subject property is divided into individual pods connected by the open space areas. A density bonus will be permitted when more than forty (40) percent of the total acreage of the project is designated as permanent, protected open space. For each additional whole acre greater than forty (40) percent, additional lots or units may be developed as follows:

a.

Additional lots allowed per multiple pod design for each acre of protected open space greater than forty (40) percent are as follows:

b.

The number of bonus lots shall be counted in addition to the number of lots calculated using the conventional subdivision design plan (yield plan).

c.

The distance between residential pods shall be a minimum of two hundred (200) feet.

d.

A one hundred-foot undisturbed buffer shall be maintained along all exterior streets (not to prohibit access to the site) and a twenty-foot undisturbed buffer along the perimeter of the remainder of the property where a multiple pod design option is utilized.

e.

If timber on the property has been cut within the last five (5) years or if the property is partially wooded and partially open or entirely open, the above required buffers in the wooded area shall be undisturbed and buffers in the wooded area shall be undisturbed and buffers in the open or timbered areas shall be enhanced with a planted vegetative buffer. Said vegetative buffer shall consist of a minimum of four (4) rows of trees planted with twenty-foot separation between trees and staggered so as to provide a vegetative screen. Three-quarters (¾) of the trees must be large screening trees as outlined in subsection 5-01-04.A., of the ULDC, and the remainder shall be made up of large, medium or small trees.

f.

A landscaping plan shall be submitted to the development plan review department for review and approval.

2.

Single pod design: The lots are located in one (1) pod on the subject property surrounded by the open space area.

a.

A one hundred-foot undisturbed buffer shall be maintained along all exterior streets (not to prohibit access to the site) and a fifty-foot undisturbed buffer along the perimeter of the remainder of the property where a single pod design option is utilized.

b.

If timber on the property has been cut within the last five (5) years or if the property is partially wooded and partially open or entirely open, the above required buffers in the wooded area shall be undisturbed and buffers in the wooded area shall be undisturbed and buffers in the open or timbered areas shall be enhanced with a planted vegetative buffer. Said vegetative buffer shall consist of a minimum of four (4) rows of trees planted with twenty-foot separation between trees and staggered so as to provide a vegetative screen. Three-quarters (¾) of the trees must be large screening trees as outlined in subsection 5-01-04.A., of the ULDC, and the remainder shall be made up of large, medium or small trees.

c.

A landscaping plan shall be submitted to the development plan review department for review and approval.

E.

Application requirements.

1.

Site analysis map required. Concurrent with the submission of a site concept plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this chapter. The preliminary site plan shall include the following features:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands and other hydrologic features;

c.

Topographic contours of no less than ten-foot intervals;

d.

All primary and secondary conservation area labeled by type, as described in the "open space" section of 6-02-01;

e.

General vegetation characteristics;

f.

General soil types;

g.

The planned location of protected open space;

h.

Existing roads and structures; and

i.

Potential connections with existing greenspace and trails.

2.

Open space management plan required. An open space management plan, as described in the "Open Space" Section of 6-02-01, shall be prepared and submitted at the time of application.

3.

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in the "open space" section of 6-02-01, shall be recorded on the open space concurrent with the issuance of a land disturbance permit.

4.

Other requirements. The application shall adhere to all other applicable requirements of the zoning district and the subdivision ordinance.

F.

Open space.

1.

Open space within a conservation subdivision is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

2.

Standards to determine open space.

a.

The minimum restricted open space shall comprise at least forty (40) percent of the gross tract area.

b.

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 chapter. The primary conservation areas shall be illustrated on the applicant's plat.

i.

The regulatory 100-year floodplain;

ii.

Buffer zones of at least seventy-five (75) feet width along all perennial and intermittent streams;

iii.

Slopes above twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area;

iv.

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

v.

Populations of endangered or threatened species, or habitat for such species; and

vi.

Archaeological sites, cemeteries and burial grounds.

c.

The following are considered secondary conservation areas and may be included within the open space area. The secondary conservation areas shall be illustrated on the applicant's plat.

i.

Important historic sites;

ii.

Existing healthy, native forests of at least one (1) acre contiguous area;

iii.

Individual existing healthy trees greater than eight (8) inches caliper, as measured from their outermost drip line;

iv.

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

v.

Prime agricultural lands of at least five (5) acres contiguous area; and

vi.

Existing trails that connect the tract to neighboring areas.

d.

Aboveground utility rights-of-way and publicly owned land may be included within the protected open space but cannot be counted towards the forty (40) percent minimum area requirement (exception: historic structures and existing trails may be counted).

e.

At least fifty (50) percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and nonprotected natural areas that would be candidates for inclusion as part of a future area of protected open space.

f.

The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe, convenient access to the open space.

3.

Permitted uses of open space. Uses of open space may include the following:

a.

Conservation of natural, archaeological 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;

e.

Active recreation areas, provided that they are limited to no more than ten (10) percent of the total open space 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 protected open space;

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.

Nonstructural stormwater management practices;

h.

Easements for drainage, access, and underground utility lines; or

i.

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

4.

Prohibited uses of open space.

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; and

d.

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

5.

Ownership and management of open space.

a.

Ownership of open space. The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

b.

Management plan. Applicant shall submit a plan for management of open space and common facilities ("plan") that:

i.

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

ii.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

iii.

Provides that any changes to the plan be approved by the board of commissioners; and

iv.

Provides for enforcement of the plan.

c.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, Henry County may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowners' association, or to the individual property owners that make up the homeowners' association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

6.

Legal instrument for permanent protection. The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one (1) of the following:

a.

A permanent conservation easement in favor of either:

i.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in functions; or the event the organization becomes unable to carry out its [duties];

ii.

A governmental entity with an interest in pursuing goals compatible with the purposes of this chapter. If the entity accepting the easement is not Henry County, then a third right of enforcement favoring Henry County shall be included in the easement;

b.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

c.

An equivalent legal tool that provides permanent protection, if approved by Henry County.

The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restriction contained in this article, as well as any further restrictions the applicant chooses to place on the use of the open space.

6.02.02.

Residential fly-in neighborhoods (RFN).

A.

Generally.

1.

The intent of this section is to permit flexibility of design in order to allow the design and development of subdivisions that accommodate residences with aircraft hangars and private landing strips or private airports.

2.

The two (2) existing RFNs, Mallard's Landing and Kitty Hawk, are not subject to the standards of [section] 6.02.02. The two (2) RFNs shall be allowed to continue to develop according to the approved plats.

3.

Residential fly-in neighborhoods (RFN) are alternatives to conventional subdivisions. The procedures for applications, preparation of preliminary and final plats, and design and installation of improvements are the same for RFN subdivisions and conventional subdivisions. Procedures for application, review, and approval of preliminary and final plats, and acceptance of public improvements, are set forth in chapter 12.

4.

A legal entity shall be created to be responsible for ownership and maintenance of any common space. See section 12.02.07 regarding the standards for a plan for the management of open space and common facilities.

5.

RFN subdivisions shall only be located in the RA zoning district.

B.

The minimum area of a RFN subdivision shall be sixty (60) acres.

C.

A RFN subdivision shall meet the following requirements:

1.

Uses and activities may include the following:

a.

Runway(s), taxiways, parking ramps, and hangars for the use of individual homeowners and their invited guests for the parking and storing of aircraft.

b.

Residential dwellings, not to exceed the density of the zoning district in which the RFN subdivision is located.

c.

Noncommercial fuel facilities for the not-for-profit use of homeowners and guests, provided the facility is properly permitted to meet health and safety standards. Such facilities shall be located in a common area and be maintained by a homeowners' association.

d.

Accessory structures shall not exceed the total square feet of the principle structure.

2.

The following uses are prohibited:

a.

Any uses not specifically listed in [paragraph] C.1., above that may otherwise be associated with the operation of an airport, including, but not limited to, flight instruction, aircraft storage (other than hangars for use by homeowners), aircraft maintenance, aircraft fueling (other than the provision of limited fuel facilities for homeowners), and other similar airport activities.

b.

Any commercial, business, or other use not specifically permissible in the zoning district.

c.

Structures in the approach zone exceeding the height limits established by the FAA (Advisory Circular 150).

3.

Any private airport or landing strip allowed by this ULDC shall be compatible with the established character of the surrounding neighborhood. Development of the RFN subdivision shall be of a scale and intensity that shall not result in an adverse impact on residential uses in the surrounding neighborhood.

4.

All land needed for the private airport or landing strip approach zone(s) shall be part of the common ownership of the airport and shall not be privately owned by individuals other than the owner of the airport. Land within the approach zone(s) shall not be platted into separate parcels apart from the parcel on which the airport or landing strip is located.

5.

A buffer shall be provided at the boundary of the approach zone, and may be required to include noise abatement features, vegetation, walls, or berms. The purpose of the buffer shall be to screen sight or sound of airport activities from adjacent and nearby residential neighborhoods. The buffer shall be a minimum of forty (40) feet in width, and shall conform to the plant material requirements and specifications set forth in section 5.02.04. However, two (2) small trees may be substituted for each required large tree in order to avoid encroachment in any approach zones.

6.

Design standards for the airport, landing strip, and associated uses:

a.

The airport shall demonstrate compliance with applicable laws and regulations of the Georgia Department of Transportation and the Federal Aviation Administration.

b.

Airports and landing strips in RFN subdivisions shall not be lighted for night operations.

7.

Design standards for lots and blocks:

a.

RFN subdivisions are not required to comply with the design and layout standards for conventional subdivision lots and blocks in section 4.04.05. The standards for design and layout of lots shall comply with [subparagraphs] 7.b. through 7.d., below.

b.

RFN subdivision lots shall meet the minimum lot area and lot width standards for the zoning district. In addition, lot area shall be sufficient to accommodate any proposed private hangars on the same lot as the principal structure (dwelling unit) in full compliance with the setback requirements in subsection 4.01.02.H.

c.

Lots may be located to allow direct access from the lot to the landing strip or taxiway.

d.

Lots may be designed according to conventional subdivision design standards, with hangars located in a common area to provide access to the landing strip or taxiway.

e.

All requirements regarding access, infrastructure and improvements, signs, landscaping, and natural resource protection shall be met in the design and development of a RFN subdivision.

(Reserved)

(Reserved)