Killingworth City Zoning Code
ARTICLE VIII
Conservation Subdivision
§ 500-52 Purpose.
The purpose of this article is to permit flexibility in the design of subdivision building lots in order to preserve unique natural or historical resources and permanent open space.
§ 500-53 Qualifying standards.
No parcel of land shall be considered for classification as a conservation subdivision unless it complies with the following standards:
A.
Location. The land is located in a rural residential district.
C.
Minimum parcel size and contiguous soils. The parcel of land shall contain a minimum area of 20 contiguous acres, of which at least 15 acres shall belong to Soil Class A, B or C.
D.
Frontage. The parcel shall have not less than 50 feet of contiguous frontage on a public street. The road serving the subdivision shall connect with a public street through the required frontage.
[Amended 5-18-2004; 12-16-2008]
§ 500-54 Application.
B.
Documentation. Documentation of the significance of the features to be preserved shall be submitted. This documentation should include supporting reports from other agencies such as the Conservation Commission, Historical Society, Killingworth Land Trust, Department of Environmental Protection and State Archaeologist.
C.
Plan. A plan showing the maximum number of lots that would be permitted using a minimum buildable lot area of two acres shall be submitted.
D.
Determination. The Commission shall determine within 21 days of the receipt of the application whether the subdivision qualifies as a conservation subdivision. A three-fourths majority vote of the Commission is required.
§ 500-55 Modification of Subdivision Regulations.
In order to promote the preservation and conservation of significant sites, the Subdivision Regulations may be modified according to the following provisions:
A.
Minimum buildable lot area. The required minimum buildable lot area must equal or exceed one acre as determined using the percentage applied to resource characteristics described in § 500-44 and Appendix B of these regulations.[1] The area of rear lots must equal or exceed two acres, as described in § 500-44 and Appendix B of these regulations. The minimum buildable area of a lot containing a historic house must equal or exceed two as described in § 500-44 and Appendix B of these regulations. The minimum buildable area of lots in a conservation subdivision served by a private road must equal or exceed two.
[Amended 5-18-2004]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B.
Lot frontage. Lots shall have contiguous frontage of at least 150 feet on a public street, subdivision street, or private road or 25 feet for lots as provided under § 485-49B(4) of the Subdivision Regulations.
C.
Lot rectangle. The minimum lot rectangle shall be 150 feet by 150 feet.
§ 500-56 Open space; protection of significant features.
The minimum aggregate area of the land to be dedicated as open space shall not be less than 30% of the subdivision area. Open space shall be located so as to preserve or protect inland wetlands, streams, ponds, future public groundwater sources, ecologically significant woodlands, wildlife habitats, steep slopes, unusual topographic, geologic, and physical features, scenic values, agricultural lands, active recreational areas, and historic and archaeological sites.
§ 500-57 Standards and requirements.
A.
Unique features. It is determined by the Commission that the site contains significant or unique features. Such determination will be based on the Commission's evaluation of documentation submitted under § 500-54B and, at the Commission's discretion, a site walk.
B.
Planning to preserve features. The subdivision is planned in a manner so as to preserve the features described in § 500-56.
C.
Lot yield. The number of lots in the conservation subdivision shall not exceed the number of lots that would be permitted using a minimum buildable lot area of two acres.
D.
Maximum lot yield. The total number of all units in the subdivision shall not exceed the number of acres comprising the subdivision divided by three. Any fraction shall be rounded off to the nearest whole number.
E.
Compliance with regulations. Except as provided in this section, all provisions of the Zoning Regulations and Subdivision Regulations shall apply to conservation subdivisions.