The city, as a result of the rural oasis study conducted in 2005, finds that there is an intrinsic link between the natural systems and the valued scenic character that exist throughout the community. The requirements of this conservation design ordinance are meant to preserve and enhance this ecological/aesthetic character by requiring:

(1)

Protection and enhancement of drainageways and water quality;

(2)

Protection and enhancement of ecological communities;

(3)

Reinforcement and establishment of ecological connections throughout the city;

(4)

Augmentation and preservation of viewsheds including corridor enclosure and buffering;

(5)

Preservation and improvement of views; and

(6)

Preservation or reinterpretation of local landmarks.

(Code 2003, § 78-1631; Ord. No. 67(3rd series), § 1, 1-11-2010)

The conservation design master planning requirements of this article apply to all proposed residential subdivisions or multiunit residential developments greater than five acres in total area or guided for urban density (greater than one unit per two acres).

(Code 2003, § 78-1632; Ord. No. 67(3rd series), § 1, 1-11-2010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City natural resource inventory means an element of the city's community management plan that displays the ecological connections within and beyond the city.

Conservation design means a two-phased approach to design and development that maintains or improves ecological assets, provides infrastructure that works with the land, and incorporates people's instinctive desire to experience nature. Some conservation design strategies include: identifying and avoiding sensitive natural features, planning roads along contours, allowing lots to border natural open space, integrating ecological stormwater management, using smaller lots, and educating developer and buyers about the ecological values of the landscape. The first phase entails an inventory and analysis of the potential development site's natural features, existing land uses, and wetland delineation. The second phase entails analyzing the design implications of the findings from the initial phase, alternative stormwater design, and a conceptual design for road and lot layouts.

Corridor enclosure means the nature, appearance and relative degrees of screening provided by roadside vegetation. Corridor enclosure types include:

Edged enclosure means a solid wall of vegetation along roadside, views focused along corridor.

Open enclosure means long views beyond the right-of-way, no real sense of corridor enclosure.

Tunneled enclosure means vegetation begins to completely enclose roadway, above and sides, creating a small scale roadway experience.

Varied enclosure means the enclosure changes rapidly along corridor, short stretches of open, edged, and tunneled corridor.

Ecological management categories.

Level 1 means ecological "off-limits" areas, including wetlands and required buffers, historic drainage.

Level 2 means ecological opportunities, including existing degraded drainageways and existing degraded ecosystem remnants.

Level 3 means ecological possibilities, areas suitable for stormwater treatment.

Note: These Ecological Management Categories are not intended to directly correlate with MLCCS M-34X Natural Community Quality Modifiers.

Landmark preservation and enhancement means preserving and maintaining distinct cultural features, landmarks and unique points of local character, both natural and man-made, to maintain a familiar sense of place in the community.

Minnesota Land Cover Classification System (MLCCS). The Minnesota Land Cover Classification System (MLCCS) displays data on natural/semi-natural and cultural cover types at the highest level of classification. The next four levels of classification each reveal further specifications such as plant types, soil hydrology, hardcover and plant species. Using MLCCS data is the first step in producing a natural resource inventory of a development site.

Significant tree stand means a grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees six inches or larger in diameter (dbh) or coniferous trees 12 feet or more in height. Additionally, those forest or woodland remnants identified as high, moderate or good quality in the city's natural resources inventory shall be considered as significant tree stands.

View analysis means the process of determining whether a view is positive or negative.

Negative views means views of structures, particularly multifamily residential, institutional, and commercial and industrial uses. Views of power lines, telephone poles and other utility infrastructure.

Positive views means views of natural areas, water bodies, established parks, wetlands, rural and historic land uses.

(Code 2003, § 78-1633; Ord. No. 67(3rd series), § 1, 1-11-2010; Ord. No. 94(3rd series), § 9, 9-24-2012)

The developer shall follow the steps outlined below as part of the development review process:

(1)

Review and respond to the goals and policies for environmental protection and natural resource management as established in the city's community management plan and the recommendations contained within the city's natural resources inventory. The intent is to establish the property's ecological connections both within the city and as part of the regional ecological system.

(2)

If the property exists adjacent to a documented corridor in the rural oasis study, review and respond to the existing aesthetic and ecological analysis.

(3)

If the property is not adjacent to a documented corridor in the rural oasis study, developer shall have a qualified consultant prepare a similar analysis and submit it to the city for review. This analysis shall include the documentation of views, corridor enclosure, and landmarks through a plan analysis and photographs. Developer shall be charged a standard fee established in the city fee schedule to cover the expenses of the city in hiring a consultant to review the ecological site analysis submitted by the developer.

(4)

Additionally, submit a natural resources inventory of the site, including all of the following elements:

a.

Review of the MLCCS data pertinent to the site.

b.

Tree survey, including all significant individual trees greater than six feet diameter, and stands of trees, identifying tree species and size.

c.

Wetland inventory, including delineation reports.

d.

Topographic survey indicating existing drainage patterns.

e.

Analysis of the site based on the findings and recommendations of the city's natural resources inventory with regards to:

1.

Conceptual greenways and open space corridors;

2.

Existence of rare plant communities;

3.

Potential need for proactive management and protection.

(Code 2003, § 78-1634; Ord. No. 67(3rd series), § 1, 1-11-2010)

(a)

The developer shall prepare a conservation design master plan for development of the property, consisting of written and visual documentation including maps in an acceptable electronic format, addressing the following topics:

(1)

Consideration of the existing drainage system;

(2)

Establishment of a stormwater management system, using multicell treatment principles, and defining proposed methods of stormwater phosphorus reduction;

(3)

Removal of invasive species and diseased trees;

(4)

Protection of significant tree stands and woodlands that support scenic and/or ecological goals, including mitigation of any such stands to be impacted by development activities;

(5)

Protection of existing wetlands, including augmentation of buffers, mitigation of impacts, and enhancement of degraded systems;

(6)

Justification and mitigation of any negative impact to ecological communities. The term "negative impact" includes any modification to a lower level of ecological community quality, as described by the Minnesota Land Cover Classification System (M-34X modifiers);

(7)

Maintenance of ecological connections through site design, as shown on the city's natural resource inventory;

(8)

Maintenance and protection of existing positive views, and mitigation of any existing or proposed negative views using appropriate measures such as site layout, screening, building design and coloration, etc.; and

(9)

Preservation or reinterpretation of existing landmarks.

(b)

The planning commission and city council shall evaluate the conservation design master plan to determine whether the proposed development:

(1)

Preserves existing drainage patterns and enhances stormwater collection and conveyance by applying an ecologically-based multicell stormwater management system that improves ecosystems by reducing reliance on manmade infrastructure, reducing downstream runoff of contaminants, and enhancing ecological connections;

(2)

Includes a program for the removal of invasive species and diseased trees; protects significant tree stands and woodlands that support scenic and/or ecological goals; and includes mitigation of any such stands that will be impacted by development activities;

(3)

Protects existing wetlands by implementing new buffers or augmenting existing buffers; mitigates identified wetland impacts; and enhances degraded wetland systems;

(4)

Results in no negative impact to ecological communities of Ecological Management Categories 1 and 2; results in no negative modification of any ecological communities as described by the Minnesota Land Cover Classification System; and establishes, maintains and improves native ecological communities including natural and semi-natural areas to provide wildlife habitat and support natural ecological functions (i.e. drainage, filtering, buffering, etc.);

(5)

Establishes or maintains ecological connections through site design, as shown on the city's natural resource inventory that will enhance stormwater collection and conveyance, promote ecological and wildlife corridors, and provide recreational opportunities for residents;

(6)

Preserves and where appropriate augments or improves roadway corridor enclosure to promote community aesthetics associated with the city's rural character; preserves open rural views and other aesthetic elements of the landscape; and mitigates the negative visual impacts of development;

(7)

Preserves, maintains, or reinterprets existing landmarks and unique points of local character, and preserves distinct cultural features that will maintain a familiar sense of place in the community.

(Code 2003, § 78-1635; Ord. No. 67(3rd series), § 1, 1-11-2010)

For residential development in the city's defined urban area (zoning districts allowing densities in excess of one unit per two acres, and including properties identified in the city's community management plan for conversion to urban density) within the ranges of the guided density a density bonus may be allowed if the city council finds that the performance bonus requirements of this division have been met. The city council shall determine the extent of density bonus awarded for such properties. Example: Properties guided in the community management plan for a density range of two to four units per acre have a base density of two units per acre; while the high end of the density range is not guaranteed, the city council at its discretion may allow development at a final density of up to four units per acre through the performance bonus process.

(Code 2003, § 78-1636; Ord. No. 67(3rd series), § 1, 1-11-2010)

Within the urban density area, developers have the opportunity to increase the base density by going above and beyond the basic conservation design master plan requirement. By implementing a combination of development enhancements that not only preserve but improve the natural characteristics of the property or preserve and enhance existing landmarks, the developer shall become eligible for a density bonus. The extent of such density bonus shall be determined by the city council. Development enhancements include, but are not necessarily limited to, the following:

(1)

Reforestation beyond existing woodland limits;

(2)

Water quality improvements;

(3)

Improvements in ecological grade of existing communities;

(4)

Upgrading of edge buffering to maximum, or tunneled, character; and

(5)

Major preservation or enhancement of existing landmarks.

(Code 2003, § 78-1637; Ord. No. 67(3rd series), § 1, 1-11-2010)

The developer shall establish and implement measures that will ensure the preservation and maintenance of those elements of the development that are determined to require long-term or permanent protection from development or misuse. Such measures may include, but are not limited to, conservation easements, deed restrictions, private covenants, transfer of ownership to agencies such as the Minnesota Land Trust or the Nature Conservancy, or to the city via dedication, etc.

(Code 2003, § 78-1638; Ord. No. 67(3rd series), § 1, 1-11-2010)

The developer shall establish covenants documenting the elements of the development to be protected and how they are to be protected, and shall establish a defined program for education of the initial purchasers of lots within the development as to the limitations that affect future use of the property.

(Code 2003, § 78-1639; Ord. No. 67(3rd series), § 1, 1-11-2010)

The primary references for facilitating the conservation design process include the following:

(1)

Orono Rural Oasis Study (DSU, 2005).

(2)

2008—2030 City of Orono Community Management Plan, Chapter 3A—Environmental Protection Plan (City of Orono, 2009).

(3)

Orono Natural Resources Inventory (Hennepin County Department of Environmental Services/Bonestroo Natural Resources Group, 2006).

(4)

Minnesota Land Cover Classification System (MLCCS).

(Code 2003, § 78-1640; Ord. No. 67(3rd series), § 1, 1-11-2010)