A.

The Conservation Design District is intended to promote environmentally sensitive development, to preserve the natural and scenic qualities of open space (i.e., lakes, streams, wetlands, and other natural land features), and to encourage compatibility with the goals and objectives of the 2030 Land Resource Management Plan for Winnebago County.

B.

The Conservation Design District is created for the following purposes:

1.

To guide the detailed analysis of land development so as to locate and coordinate appropriate areas for both development and conservation.

2.

To maintain rural character through the permanent preservation of meaningful open space and sensitive natural resources.

3.

To preserve scenic vistas by minimizing views of new development from existing roadways.

4.

To preserve prime agricultural land by concentrating housing on lands with low agricultural productivity.

5.

To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where applicable and specified, the larger community.

6.

To provide proper buffering between residential development and non-residential uses.

The County Board, upon recommendation by the Zoning Board of Appeals, may, by ordinance, adopted in the same manner as other zoning map amendments, authorize a Conservation Design District. The CD District is intended to accommodate a limited amount of residential development in rural areas, where sewer and water may not be available. While new residential development should be directed in, and contiguous to, the existing municipalities, the CD District designation is a way to permit limited residential development in the larger County that is sensitive to the surrounding natural and agricultural environment with minimal impacts to those resources.

A Conservation Design District must facilitate innovative land development and site design techniques that fulfill the following objectives:

A.

To require site design that obtains a higher quality of environmental preservation and conservation than is possible under the regulations otherwise applicable to the property under another zoning district designation.

B.

To encourage the permanent preservation of open space, agricultural land, and key natural and environmental resources.

C.

To protect existing and potential water supplies.

D.

To encourage a less sprawling, less detrimental and more efficient form of development that consumes less land and conforms to existing topography and natural features better than a conventional residential development.

E.

To minimize the total amount of disturbance on a development site and preserve the site's natural features.

All CD Districts must meet the following standards:

13.4.1 General Standards.

A.

The minimum area required for a Conservation Design District development shall be forty (40) acres. However, the County Board may approve a district of a smaller area only if the purpose and objectives of this district can be met.

B.

The Conservation Design Districts are intended for areas designated for future residential growth on the Future Land Use Plan within the 2030 Land Resource Management Plan. Areas designated for low density residential development are ideal for CD-L as they serve as a transition from areas of agricultural and natural resource land use to higher intensity development. Areas designated for medium and high density residential development may also serve this purpose. The Conservation Design District is not intended for areas designated as agricultural land on the Future Land Use Plan.

C.

Development envelopes shall be configured to minimize the loss of natural resources, including woodlands, water bodies and wetlands, and historical resources. Areas that are designated as environmentally sensitive areas on the Natural Resources Inventory must be preserved.

D.

The development must preserve scenic natural views, including views from roadways.

E.

No building site or lot shall be located closer than seventy-five (75) feet from a wetland or waterway.

F.

If agricultural uses are being maintained within the development, lots shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.

G.

Stormwater management within the development shall adhere to the following:

1.

When public utilities are unavailable, a lot shall pass a percolation test for the installation of a septic system with both a primary and one-hundred percent (100%) reserve drain field and have a suitable location for a potable water well. A building site not suitable for development shall be platted only for uses not endangered by periodic or occasional inundation, and only where it will not produce conditions contrary to the public welfare and the conservation and preservation of existing natural resources. Such non-suitable land should be incorporated into common open space.

2.

Whenever possible, roof down spouts should drain to porous surfaces or drain to rain barrels or cisterns for use of water in gardening, landscaping or gray water.

3.

Peak discharge during the two (2) and twenty (20) year storm events shall be no more than pre-developed conditions.

4.

The development should capture eighty percent (80%) of the sediments and pollutants from the one (1) year storm event.

5.

Landscape plantings shall be used to increase infiltration and decrease runoff.

13.4.2 Development Standards.

A.

CD Districts are allowed three types of development:

1.

CD-Low Density (CD-L): Intended for areas designated as low-density residential on the Future Land Use Map of the 2030 Land Resource Management Plan.

2.

CD-Medium Density (CD-M): Intended for areas designated as medium-density residential on the Future Land Use Map of the 2030 Land Resource Management Plan.

3.

CD-High Density (CD-H): Intended for areas designated as high-density residential on the Future Land Use Map of the 2030 Land Resource Management Plan. CD-High Density Districts require public sewer.

B.

The following uses are allowed within a CD District as follows:

1.

Uses allowed, including all required standards and conditions, in the CD-L Districts are the permitted and special uses of the R-1 District with the exception of PUD.

2.

Uses allowed, including all required standards and conditions, in the CD-M Districts are the permitted and special uses of the R-1 District with the exception of PUD. Dwelling, two-family is also allowed by special use.

3.

Uses allowed, including all required standards and conditions, in the CD-H Districts are the permitted and special uses of the R-3 District with the exception of PUD.

C.

Development in a CD District must meet the requirements of Table 13.1: Conservation Design District Bulk and Yard Standards.

D.

Residential dwellings are encouraged to group into clusters according to the following standards.

1.

Each residential cluster should include no more than thirty (30) dwellings units.

2.

Residential clusters should be located a minimum of one-hundred (100) feet apart, separated by greenbelts or other natural features. While such greenbelts may be accessible via bike paths or hiking trails, no development is permitted within these separation areas.

3.

Residential clusters should be located to minimize negative impacts on the natural scenic and cultural resources of the site, and conflicts between incompatible uses.

4.

Residential clusters should be sited to achieve the following goals, to the extent practicable.

a.

Minimum impacts to prime farmland soils and large tracts of land in agricultural use, and avoid interference with normal agricultural practices.

b.

Minimize disturbance to woodlands, wetlands, watersheds, grasslands and mature trees.

c.

Prevent downstream impacts due to runoff through adequate on-site stormwater management practices.

d.

Protect scenic views of open land from adjacent roads.

5.

Siting of residences shall not encroach on rare plant communities, high quality sites, or endangered species identified on the Natural Resources Inventory or those identified by other county, state or federal agencies.

6.

Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.

13.4.3 Common Open Space. Land designated as open space shall be used and maintained as open space and may not be divided or developed except as provided herein:

A.

Minimum Required Open Space. Forty percent (40%) CD District shall be active or passive open space, as defined in this section.

B.

Common Open Space. The minimum open space required shall be owned and managed as described in this section. The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required open space shall be undivided (i.e. on an open space outlot) and restricted in perpetuity from future development.

C.

Perimeter Buffer Yard. There shall be a perimeter buffer yard of no less than one-hundred (100) feet along the edge of the CD District. No development shall be permitted in this perimeter buffer yard, which shall remain landscaped with no structures erected within by private lot owners. This perimeter buffer yard may be included in the required percentage of open space if undivided (i.e. on an open space outlot) and restricted in perpetuity from future development.

D.

Permitted Uses of Open Space. The following areas or structures shall be counted toward the overall open space percentage required:

1.

Natural water features, wetlands and conservation areas. No more than twenty-five percent (25%) of the required open space area may consist of water bodies, ponds, floodplain, or wetlands.

2.

A trail system connecting open space areas.

3.

Recreational facilities such as swimming pools, tennis courts, and skate parks. No more than twenty-five percent (25%) of the required total open space area may consist of structures for recreational facilities.

4.

Hiking trails and fitness courses.

5.

Parks and playgrounds.

6.

Greenbelts and greenways.

7.

Detention/retention areas which are accessible to occupants or the public via nature trails, boardwalks, perimeter walkways or street, but only if they are designed as wetlands or natural water features and are landscaped with native vegetation.

8.

Botanical gardens, greenhouses and community gardens.

9.

Reuse of structures existing on the site prior to development for community purposes (i.e. rehab of an existing barn or silo, etc.).

10.

Agricultural uses, including vineyards and stables. Wineries, accessory to a vineyard, are permitted as a special use.

11.

Golf course, but no more than twenty-five percent (25%) of the required open space area may [be] used for a golf course

12.

Aircraft landing fields are permitted as a special use.

E.

Areas Excluded from Common Open Space. The following areas shall not count toward the overall open space percentage required:

1.

Yards on individual lots or portions of lots within an easement that are on a lot owned by individual property owner for his or her use.

2.

Dedicated streets, alleys or other public rights-of-way.

3.

Vehicular drives, private streets, and parking, loading and storage areas.

F.

Design and Layout. In site planning, the use and enjoyment of open spaces shall be maximized. Small strips or spots of open space should be avoided in conservation design developments. They may be used only when no other practical means exists for providing required open space.

G.

Common Space Ownership and Maintenance. A management plan shall be prepared and submitted for all common open space, including any man-made drainage facilities that serve more than one property, such as detention/retention ponds. The designated common open space and common facilities shall be owned and managed by one or a combination of the following:

1.

A homeowners' association: A back-up Special Service Area pursuant to 35 ILCS 200/27-5-95 et. seq. should be established in the event of ownership by a homeowners' association.

2.

A condominium association established in accordance with the Condominium Property Act 765 ILCS 605 et seq. A back-up Special Service Area pursuant to 35 ILCS 200/27-5-95 et. seq. should be established in the event of ownership by a condominium association.

3.

A non-profit conservation organization including the forest preserve or park district.

4.

An individual or individuals, usually adjacent to the protected open space, who will maintain the land for common open space purposes. This option, however, shall not be used for the purpose of assuming private ownership or to set in motion a case for judicial entitlement of the subject land. This option may be used only on a limited basis for situations where no other options are practical, as approved by the County Board.

5.

Another option, not listed above, that serves the same intent as above may be considered, such as a lease agreement with a farmer to use the subject land for agricultural purposes or a township or county government arrangement, but such government bodies are not obligated to undertake such an arrangement.

CD District approval is a two (2) step process, which is as follows:

A.

The proposed site for the CD must be rezoned to a CD District in accordance with the requirements for a zoning map amendment of this Ordinance. However, as part of the zoning map amendment process, a concept plan is required to be submitted to the Planning and Zoning Officer, Zoning Board of Appeals, and Zoning Committee for review and approval by the County Board in conjunction with the rezoning.

1.

Prior to submittal of the concept plan, the applicant shall meet with the Planning and Zoning Officer to discuss the proposed development. The Planning and Zoning Officer shall inform the applicant of any County plans and policies that may affect the development, the specific requirements for CD Districts, and the procedures involved in submitting an application for a CD District.

2.

Following the pre-application meeting the applicant shall provide a concept plan to the Planning and Zoning Officer for review. Following review, the concept plan shall be submitted as part of the application for rezoning. The Planning and Zoning Officer shall submit his/her recommendation on the concept plan to the County Board as part of the zoning map amendment process.

3.

The concept plan shall include the following:

a.

Drawn at a scale of one (1) inch equals one-hundred (100) feet, and showing the location of the proposed CD District and the current zoning.

b.

A site plan showing the proposed layout of the development and proposed uses, including all common open space areas and residential lot layout.

c.

The proposed public and private improvements, including the existing and proposed vehicle, bicycle and pedestrian access from the parcel to adjacent streets, roads or properties, and proposed street location and width.

d.

Existing land use of property within one quarter (1/4) mile of the site.

e.

A general description of the project and how the proposal relates to the purpose statements of conservation design.

f.

The environmental features of the site including, but not limited to:

i.

The limits of woodland cover and wetlands on the entire site.

ii.

Location of lakes, ponds, streams, or kettles, standing water and designated floodplains on the parcel.

iii.

Areas of steep or severe slope conditions, high water table conditions, potential drainage and erosion problems.

iv.

Environmental corridors.

g.

The use or uses to be made of existing or proposed structures.

h.

A landscape plan including general information on the design of proposed landscape, screening and buffering, including all fencing.

i.

A statement regarding how the proposed development is consistent with the 2030 Land Resource Management Plan, identifying any areas where the proposed development may be inconsistent and justification for the deviation.

j.

A plat of survey of the parcel or parcels of land comprising the site. The plat shall be drawn to scale showing the actual dimensions of this site, including all parcels or lots.

k.

A statement of economic interest in the property.

l.

A description of the guarantee or covenants of ownership to be used for maintenance of common open space.

m.

A development schedule outlining the intended timeframe for construction and improvements.

B.

Once the concept plan and rezoning are approved, the development of the site is required to follow the approval processes for a major subdivision in Article 5 and Article 19 of this Ordinance. All subdivisions submitted for review under those Articles shall be consistent with the approved concept plan. Affiliated improvement plans submitted to the County Engineer shall also be consistent with the concept plan. A landscape plan need only be submitted for approval again if the initial plan was not deemed final. Minor deviations from the approved concept plan or landscape plan shall only occur when such change better implements the purpose of the conservation design districts. Any proposed significant or major change from the concept plan or the landscape plan will require a new approval of the relevant concept plan or landscape plan.