Hiram City Zoning Code
CHAPTER 1145
Conservation Subdivisions
1145.01 PURPOSE.
The purpose of this chapter is to allow for creative residential developments that are consistent with and maintain the Village's character and current plan of development while preserving open space, wetlands, woodlands and other natural resources, rural environments, scenic views and landscapes. The provisions encourage flexible and innovative residential areas through the permanent dedication of open space and a planned reduction of individual lot area requirements. (Ord. 99-15. Passed 9-14-99.)
1145.02 OBJECTIVES.
The following objectives shall be considered for a Conservation Subdivision development:
(a) To provide an enhanced residential environment by preserving the natural character of open fields, stands of trees, ponds, streams, hills and other desirable features.
(b) To preserve an enhanced residential environment and protect environmentally sensitive lands from the disruptive effects of conventional residential subdivision developments.
(c) To promote a more efficient and aesthetic use of open space by allowing reduced lot sizes.
(d) To allow a more flexible, creative and economical residential layout and street design, with less suburban-style sprawl and less consumption of open land.
(e) To create a greater sense of unity and local neighborhood identity in one or more portions of the development.
(f) To assure the permanent preservation of open space, scenic views, rural lands and natural resources. (Ord. 99-15. Passed 9-14-99.)
1145.03 SUBDIVISION DEVELOPMENT REQUIREMENTS.
(a) Minimum Project Area. The minimum land required for a conservation subdivision development shall be ten (10) contiguous acres and the parcels shall be held in single ownership or control at the time of application. Smaller parcels may be considered on their basis to satisfy the objectives of this section.
(b) Residential Density Standards. Each residential lot shall be of a size and shape to provide a building lot which shall be in harmony with the natural terrain and other features of the land. Residential lots shall be designed in such a way as to promote the purposes of this chapter.
(c) Common Open Space Requirements.
(1) All land not devoted to dwellings, individual building lots, accessory uses, and roads shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.
(2) The total area of land designated as permanent, common open space, not to be further subdivided, shall comprise at least thirty (30) percent of the net site acreage in the R-2 District, at least forty (40) percent of the net site acreage in the R-1 District and at least fifty (50) percent of the net site acreage in the O-C District, excluding land required for street rights-of-way and lands identified as wetlands. Common open space shall not include any portions of individual building lots.
(3) Design of common open space areas shall be governed by the following standards:
A. These common open space areas shall include, to the extent possible, a combination of the most sensitive and noteworthy natural, scenic and cultural resources on the site, consisting of features such as:
1. Scenic views, especially those from existing affronting and abutting public roadways.
2. Prime farmland.
3. Mature woodlands.
4. Aquifer recharge areas.
5. Highly permeable soils.
6. Wildlife habitat areas.
7. Historic, archaeological or cultural features.
B. Significant natural amenities, such as outcroppings, tree stands, ponds, ravines and stream channels should be left in their natural state and considered part of the required common open space, subject to the standards of this section.
C. Permanent bodies of water, as well as any area within a designated flood hazard area should comprise no more than fifty (50) percent of the required common open space. This percentage may be increased at the discretion of the Planning Commission depending on the water body's utility as a recreation or open space asset to the Conservation Subdivision.
D. Structures or buildings accessory to recreation, conservation or agricultural uses may be erected as long as the total paved and roofed areas do not exceed five (5) percent of the total common open land.
E. Stormwater management ponds or basins may be included as part of the minimum required open space, as may land within rights-of-way for underground pipelines.
(4) An open space buffer shall be preserved on existing roads fronting and abutting the parcels to be developed. The buffer area shall be between a minimum of 50 feet and a maximum of 100 feet in depth back from the edge of the road right-of-way, based on the size of the project area. The larger the project area, the greater the required buffer area. Parcels with unobstructed views to the roadway and no natural existing features, such as trees or hills alongside the roadways may be required to have a deeper buffer zone in order to minimize the perceived density of the building lots.
(5) All individual building lots shall be set back from the boundaries of adjacent properties by an open space buffer area equal, in width, to the front yard setback of the underlying district. The buffer shall include trees and shall be kept in a natural landscaped condition.
(d) Roads. All roads shall be designed and constructed in accordance with Village road standards, except the Planning Commission may approve reductions in the required right-of-way width where deemed practical, in consultation with the Village.
(Ord. 99-15. Passed 9-14-99.)
1145.04 SUBDIVISION DESIGN GUIDELINES.
The following guidelines apply to Conservation Subdivision developments with regard to the layout of building lots and open space. The Planning Commission will utilize the following guidelines in evaluating design appropriate to the site's natural, historic and cultural features. Diversity and creativity in site design and lot layout shall be encouraged to achieve the best possible relationship between development and open space areas.
(a) Natural Features Preservation:
(1) Protect and preserve all floodplains, wetlands and steep slopes from clearing, grading, filling or construction.
(2) Preserve and maintain mature woodlands, existing fields, pastures, meadows, and orchards and create sufficient buffer areas to minimize conflicts between residential and agricultural users.
(3) Design around and preserve sites of historic, archaeological or cultural value, as needed to safeguard the character of the feature.
(4) Protect wildlife habitat areas or species listed as endangered, threatened, or of special concern by the Ohio Department of Natural Resources, Division of Natural Area and Preserves.
(b) Agricultural Land and Woodlands:
(1) If building lots must be located on open fields or pastures because of greater constraints in all other parts of the site, they should be located on the least prime agricultural soils, or in locations at the far edge of the fields, as seen from existing public roads.
(2) Design around existing hedgerows and tree lines between fields and meadows. Minimize impacts on woodlands (greater than five acres), especially those containing many mature trees or significant wildlife habitat. Also woodlands on highly erodible soils with slopes greater than ten (10) percent should be preserved.
(c) Dwelling Placement and Buffering:
(1) Development should be designed so that it will be visually buffered from existing public roads by a planting screen consisting of a variety of trees, shrubs and wildflowers.
(2) Leave scenic views and vistas unblocked or uninterrupted, particularly as seen from existing public roadways.
(3) Development should be designed so that, as much as feasible, building lot rear boundary lines do not abut one another. View of open space from each building site should be preserved as much as feasible.
(4) Avoid siting new construction on prominent open hilltops or ridges, by taking advantage of lower or shielded areas on the site.
(d) Access to Open Space. Common open space shall be directly accessible to the largest practicable number of lots. The majority of building lots should abut undivided open space in order to provide direct views and access.
(e) Configuration of Open Space.
(1) Provide open space that is reasonably contiguous. Fragmentation of open space should be minimized so that these areas are not divided into numerous small parcels located in various parts of the development.
(2) Open space shall be located so as to conform with and extend existing and potential open space areas on adjacent developments.
(f) Streets and Roads.
(1) Single-loaded residential access streets are preferred in order that the maximum number of homes in open space developments may enjoy views of common open space. Where foreground meadows are created between existing public roadways and such single-loaded residential access streets, residences shall be located on the far side of the access streets as seen from the public roadways and shall front on the access streets and towards the public roadways.
(2) The road design should incorporate commons or ovals rather than cul-de-sacs as much as possible. Street connections shall generally be encouraged to minimize the number of new cul-de-sacs to be maintained by the Village and to facilitate easy access to and from homes in different parts of the property and on adjoining parcels. Where cul-de-sacs are necessary, those serving six or fewer homes may be designed with "hammerheads" facilitating three-point turns. Those serving more than six homes shall generally be designed with a central island containing trees and shrubs (either conserved on site or planted).
(3) Vehicular and pedestrian circulation system shall be designed to insure safe, efficient movement through the open space subdivision development and into surrounding highway systems. Design of circulation systems shall be governed by the following standards:
A. Safe and easy access by emergency vehicles shall be provided for all areas of the subdivision.
B. Direct access from single family residential lots to arterial or collector thoroughfares shall be minimized.
C. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimal hazards to vehicular or pedestrian traffic. Minor streets within the subdivision shall be designed to discourage through traffic.
D. The pedestrian and bicycle system and their related walkways shall be insulated as much as possible from vehicular movement.
(g) Landscaping. Landscape common areas, such as community greens, ovals, and cul-de-sac islands, and both sides of new streets with shade trees.
(h) Utilities. All utilities in the open space subdivision development shall be located underground.
(i) Stormwater Management. Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting parcels, streams and public streets, and to minimize the possibility of erosion.
(Ord. 99-15. Passed 9-14-99.)
1145.05 COMMON OPEN SPACE STANDARDS.
(a) Use of Common Open Space.
(1) Permitted Uses: Subject to other relevant provisions of this chapter, the following uses and improvements shall be permitted on common open space lands: agricultural, horticulture, silviculture, nurseries, aquaculture, passive recreation (including, but not limited to, walking, hiking, horseback riding, sledding and skiing, but specifically excluding motorized vehicles and gun ranges) and other uses similar in character and potential impact. Also included as permitted uses are water wells, septic disposal facilities, and storm water retention areas designed, landscaped and available for use as an integral part of the common open space.
(2) Conditional Uses: Uses and improvements on common open space lands requiring a Conditional Use Permit shall include those designed for active recreation such as playgrounds, playing fields or courts for organized sports, swimming pools, picnic areas, bikeways, and any buildings, structures, supporting facilities, driveways, or parking areas proposed in relation to the foregoing. Application for conditional use permits shall be made by the owner of the common open space.
Further subdivision of common open space lands or its use for other than those uses listed above, except for easements for underground utilities, shall be prohibited.
(b) Preservation of Common Open Space. Prior to subdivision approval, the developer of the Conservation Subdivision shall submit legal instruments which prescribe the manner and plan for care and maintenance of common open spaces.
(1) Common open space shall be set aside by the developer through irrevocable conveyances acceptable to the Planning Commission. Forms of dedication for common open space shall include at least two (2) vehicles such as:
A. A recorded deed restriction, and
B. A permanent conservation easement to the Village, another public agency or a charitable organization, such as a land trust, as defined by the Ohio Revised Code, or
C. Other agreement in a form acceptable to the Village Solicitor.
(2) Such conveyances shall assure that the common open space, as shown on the final development plan will remain as such and will be only used as permitted in subsection (a) hereof.
(3) A plan for the disposition, use, maintenance and insurance of the common open space, including provisions for funding shall be provided and approved by the Village Solicitor prior to plat approval.
(Ord. 99-15. Passed 9-14-99.)
1145.06 OWNERSHIP AND MAINTENANCE OF COMMON OPEN SPACE.
(a) Ownership. Common open space within a development shall be owned, administered and maintained by any of the following methods, either individually or in combination, subject to the approval of the Village.
(1) Fee Simple Dedication to a Public Agency. The Village, or other public agency acceptable to the Village, may, but shall not be required to, accept any portion of the common facilities.
(2) Homeowners' Association. The open space may be held in common ownership by a Homeowners' Association, which shall be formed and operated under the following provisions:
A. The developer shall provide a description of the association to the Planning Commission including its bylaws and methods for maintaining the common open space.
B. The association shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development.
C. Membership in the association is automatic (mandatory) for all purchasers of lots therein and their successors. Membership shares shall be defined within the association bylaws. The conditions and timing of transferring control of the association from the developer to lot owners shall be identified.
D. The association shall be responsible for payment of all costs of maintaining such common open space, as well as insurance and taxes, enforceable by liens placed by the Village on the association. The Homeowners Association shall be authorized under its bylaws to place liens on the property of owners who fall delinquent in payment of such dues or assessments.
(3) Condominiums. The common open space may be controlled through the use of condominium agreements, approved by the Village. Such agreements will be in conformance with the state's Condominium Property law (ORC 5311).
(4) Dedication of Easements to a Public Agency. The Village, or other public agency acceptable to the Village, may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership.
(5) Transfer of Fee Simple Ownership or Easements to a Private Conservation Organization. Any owner may dedicate fee simple ownership or transfer easements on any portion of the common open space to a private, non-profit conservation organization.
(b) Maintenance Standards for Common Open Space.
(1) The ultimate owner of the common open space shall be responsible for raising all monies required for maintenance, operations and improvements to the common open space. Common open space accepted by the Village and dedicated for public use as a park shall be maintained by the Village.
(2) Failure to adequately maintain the common open space in reasonable order and condition constitutes a violation of this chapter.
(3) In the event the owner fails to maintain the common open space in reasonable order and condition, in accordance with the approved open space development plan, or the common open space is determined by the Village to be a public nuisance, the Village Zoning Inspector will serve written notice upon the owner, setting forth the manner in which said owner has failed to maintain the common open space in reasonable condition and directing the owner to remedy same within thirty (30) days.
(4) Failure to achieve such remedy within the specified time shall be cause for maintenance to be undertaken by the Village with the assessment of cost upon the owner.
(Ord. 99-15. Passed 9-14-99.)
1145.07 PROCEDURE FOR APPROVAL OF CONSERVATION SUBDIVISION.
(a) General Procedure. In general, the procedure for approval requires site plan review and approval, and approval of the development plan. The plan for streets and improvements must comply with the Village of Hiram Subdivision Regulations.
(b) Pre-Application Meeting. The developer shall meet with the Zoning Inspector and the Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained herein and to familiarize the developer with the comprehensive development plan, major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage, sewer and water systems of the Village, if such plans are in effect. The developer is also encouraged to meet with the Portage County Regional Planning Commission to discuss the Conservation Subdivision plan.
(c) Data Required with Application.
(1) The developer should follow the guidelines for application for site plan review under Chapter 1111 and zoning permits. The Conservation Subdivision plan shall include drawings to a legible scale showing topographical features of the parcel, common open space areas, building placement, and shall include a circulation and parking plan, and a planting and landscaping plan.
(2) The Conservation Subdivision plan shall include the following, in addition to those required under Section 1111.03
:
A. Locations of wetlands and floodplains.
B. Boundaries of all soil types.
C. Location of all existing significant, natural, geographic or unique features.
(Ord. 99-15. Passed 9-14-99.)
CODIFIED ORDINANCES OF HIRAM