A.

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

B.

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

C.

Preserve important historic and archaeological sites.

D.

Allow for design innovation to provide flexibility for land development where the normal development approach would otherwise be unnecessarily restrictive or contrary to goals within the comprehensive plan.

E.

Permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces mid utility casements, necessary for residential development.

F.

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

G.

Promote interconnected greenways and corridors throughout the community.

H.

Promote contiguous green space with adjacent jurisdictions.

I.

Achieve a higher quality of residential development than could otherwise be achieved under conventional zoning.

J.

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.

K.

Facilitate the construction and maintenance of streets, utilities, and public services in a more economical, efficient, and environmentally friendly manner.

L.

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.

M.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Review authority. The planning commission recommends, and the mayor and city council shall have authority to approve or deny applications for a conservation subdivision.

B.

Eligible properties.

1.

A parcel of land, which shall be the parent lot for the purposes of this section, is eligible to be a conservation subdivision if all the following requirements are met:

a.

The parent lot is zoned RA, R-200, R-100, R-85, R-75, or R-60.

b.

The parent lot has an area of at least three (3) acres of contiguous land, not divided by a road.

c.

The parent lot is under single ownership control such that a single person or entity has proprietary responsibility for completing and maintaining the development.

2.

A conservation subdivision shall maintain a minimum of forty (40) percent of the gross area of the site as dedicated open space held in common ownership.

3.

Open space preservation developments achieving at least fifty (50) percent dedicated open space and meeting the provisions of this section shall be treated as a permitted land use.

C.

Permitted uses. The following uses are permitted within a conservation subdivision:

1.

All residential uses and types permitted in a RA, R-200, R-100, R-85, R-75, and R-60 zoning districts, are permitted under this section.

D.

Regulatory flexibility. The mayor and city council, upon recommendation by planning commission, may reduce the lot coverage; impervious surface percentage; floor area ratio; front, side, rear, perimeter setback; and minimum lot width requirements provided that the applicant has demonstrated innovative and creative site and building designs and solutions; and environmentally friendly practices which would otherwise be unfeasible or unlikely to be achieved absent this provision.

E.

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

F.

Housing density determination. The maximum number of lots in the conservation subdivision shall be determined by either of the following two (2) methods, at the discretion of the applicant:

1.

Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

a.

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

b.

The one-hundred-year floodplain;

c.

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

d.

Wetlands that meet the definition of the Army Corp of Engineers pursuant to the Clean Water Act.

2.

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.

3.

To encourage the use of the conservation subdivision, if all standards set forth in this section are met, the underlying density established by this code may be increased by up to twenty (20) percent at the discretion of the mayor and city council, upon recommendation by the planning commission. Density bonuses shall be based upon a demonstration by the applicant of at least two (2) of the following:

a.

Preservation of significant natural features. Preservation of significant natural features contained on the site, as long as it is in the best interest of the city to preserve the natural features that might be negatively impacted by conventional residential development. The determination of whether the site has significant natural features shall be made by the director; or

b.

Provision of recreation facilities. If the site lacks significant natural features, it can qualify with the provision of usable recreation facilities to which residents and non-residents of the development shall have reasonable access. Such recreation facilities include areas such as a non-motorized mobility improvement, neighborhood parks, passive recreational facilities, soccer fields, ball fields, bike paths, community gardens, or similar facilities that provide a feature of community-wide significance and enhance residential development; or

c.

Affordable housing. The site can qualify if a minimum of fifteen (15) percent of the housing is restricted to households having an income that does not exceed one hundred twenty (120) percent of the area median income for the family size having the same number of persons as the subject household for the Atlanta-Sandy Springs-Roswell, Georgia, Metropolitan Statistical Area, as published by the U.S. Department of Housing and Urban Development as of the date of the household's application, and whose housing and utility costs do not exceed thirty (30) percent of the household's annual gross income; or

d.

Art and/or cultural feature. The site can qualify if art features are created and/or a historic or cultural feature is preserved; or

e.

Provision of senior and affordable housing. To provide housing opportunities for senior citizens and working poor in situations where such opportunities might not otherwise be provided; or

f.

Inclusion of environmental features. To advance the goals of the city regarding environmental sustainability and stewardship. Environmental features may include:

1)

Sustainable building construction including, but not limited to, LEED certification or practices, "solar ready" construction standards, "EV Ready" parking locations (this could be for each unit or at the community level); or

2)

Development level or "community" green features including, but not limited to, community compost facilities, community solar and/or geothermal energy harvesting capabilities (including these features in the open greenspace), green infrastructure, parking lot green infrastructure, rainwater management for irrigation of greenspaces, and "smart lighting" of sidewalks/community spaces.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Site analysis map required. Concurrent with the submission of a site concept plan, 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 article. The preliminary site plan shall include the following features:

1.

Property boundaries;

2.

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

3.

Topographic contours of no less ten-foot intervals;

4.

All primary and secondary conservation areas labeled by type, as described in Section 17.080.014 of this article;

5.

General vegetation characteristics;

6.

General soil types;

7.

The planned location of protected open space;

8.

Existing roads and structures;

9.

Potential connections with existing green space and trails.

B.

Open space management plan required. An open space management plan, as required under this chapter, shall be prepared and submitted prior to the issuance of a land disturbance permit.

C.

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant, shall be placed on the open space concurrent with the issuance of a land disturbance permit.

D.

Other requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning and the subdivision code.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Definition. Open space 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.

B.

Standards determine open space.

1.

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

2.

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 article:

a.

The one-hundred-year floodplain.

b.

Riparian zones of at least seventy-five-foot width along all perennial and intermittent streams.

c.

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

d.

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

e.

Populations of endangered or threatened species, or habitat for such species.

f.

Archaeological sites, cemeteries and burial grounds.

3.

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible:

a.

Important historic sites.

b.

Existing healthy, native forests of at least one-acre contiguous area.

c.

Individual existing healthy trees greater than eight (8) inches caliper, as measured from outmost drip line.

d.

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

e.

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

f.

Existing trails that connect the tract to neighboring areas.

4.

Above-ground utility rights-of-way and small areas of impervious surface 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 hails may be counted). Large areas of impervious surface shall be excluded from the open space.

5.

At least twenty-five (25) percent of the open space shall consist of land that is suitable for building.

6.

At least seventy-five (75) percent of the open space shall be in a contiguous tract. The open space shall adjoin any neighboring areas of open space, other protected areas, and natural non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

7.

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

C.

Permitted uses of open space.

1.

Uses of open space may include the following:

a.

Conservation of natural, archeological or historical resources;

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

c.

Walling or bicycle trails, provided they are constructed of porous paving materials;

d.

Passive recreation areas, such as open fields;

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 the best applicable management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

g.

Landscaped stormwater management facilities, community wastewater disposal systems and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities shall be located outside of primary conservation areas;

h.

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

i.

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

D.

Prohibited uses of open space.

1.

Golf courses;

2.

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

3.

Agricultural and forestry activities not conducted according to accepted best management practices;

4.

Impoundments; and

5.

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

E.

Ownership and management of open space.

1.

Ownership of open space. A homeowners' association representing residents of the conservation subdivision shall own the open space.

2.

Membership in the homeowners' association shall be mandatory and automatic for all homeowners of the subdivision and their successors. 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 homeowners' association.

3.

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

a.

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;

b.

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;

c.

Provides that any changes to the plan be approved by the city council; and

d.

Provides for enforcement of the plan.

4.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city 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 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.

F.

Legal instrument for permanent protection.

1.

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:

1)

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements;

2)

The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

3)

A governmental entity with an interest in pursuing goals compatible with the purposes of this chapter.

4)

If the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement.

b.

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

c.

An equivalent legal tool that provides permanent protection, if approved by the city.

2.

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

G.

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, the Henry County Tax Assessment Office shall be directed to reassess the open space at a lower value to reflect its more limited use. If the open space is used purely for passive recreational purposes and the terms of the instrument for permanent protection effectively prohibit any type of significant economic activity, then the assessment shall be at a value of zero.

(Ord. No. 25-01-02, § 1, 1-2-2025)