§ 46-44. Major subdivision preliminary plat submission and review for conservation subdivisions.

(a)

Site inspection meeting. Prior to submission of a preliminary plat, the applicant shall schedule a site inspection meeting with the subdivision administrator, as well as such others as may be called for by the subdivision administrator, to familiarize the town with the property's existing conditions, special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation lands, and lot line and street alignment layouts.

(b)

Documents required for the preliminary plat. In addition to all other information required for preliminary plats outlined in section 46-46, a preliminary plat application shall be accompanied by the following materials. Where the requirements of section 46-46 and this section conflict, the requirements of this section shall control for conservation subdivisions:

(1)

Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. Unless otherwise requested by the subdivision administrator to facilitate readability, for sites under 100 acres, such maps shall be at a scale of not less than one inch equals 200 feet, and shall show the relationship of the subject property to natural and manmade features existing within 500 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet, and shall show the above relationships within 1,000 feet of the site. The features that shall be shown on the site context map include topography (from USGS maps), stream valleys, wetland complexes (from maps published by the U.S. Fish and Wildlife Service or the USDA Natural Resources Conservation Service), forestlands over 10,000 square feet in area (from aerial photographs), ridge lines, public roads, trails, utility easements and rights-of-way, public land, and land protected under conservation easements.

(2)

Delineation of conservation lands. The delineation of conservation lands shall be as provided for in subsection 58-58(4).

a.

The minimum percentage and acreage of required conservation lands shall be calculated by the applicant and submitted as part of the preliminary plat.

b.

Proposed conservation lands shall be designated using the existing resources and site analysis plan (submitted with the sketch plan) as a base map.

c.

In delineating secondary conservation areas, the applicant shall use the following tier system as a guide, with those lands included in tier A having the highest priority for preservation; provided, however, that in certain portions of the town, the priorities defined may be altered by the town in order to maximize achievement of the goals and objectives of maintaining open space through conservation subdivisions:

1.

Tier A, highest priority.

(i)

Forestlands.

2.

Tier B, medium priority.

(i)

Farmlands.

(ii)

Historic sites.

3.

Tier C, lowest priority.

(i)

Steep slopes.

(ii)

Rock formations.

(iii)

Lands adjacent to parks.

(3)

Conservation maintenance plan and maintenance agreement. A conservation maintenance plan and maintenance agreement, in accordance with subsection 58-58(4)i, shall be submitted with the preliminary plat.

(c)

Approval procedure for preliminary plat. Preliminary plats for conservation subdivisions shall be approved in the same manner as conventional subdivisions as provided in subsections 46-43(c) and (d).

(d)

Conservation subdivision design standards delineation standards. The locations and boundaries of primary conservation lands shall follow their natural delineated boundaries. The locations and boundaries of secondary conservation lands shall be based upon the applicant's analysis of the tract's resource features. The priorities set forth in this subsection shall be used, to the greatest degree feasible, in delineating the location of secondary conservation lands. The applicant shall also be guided by any written recommendations provided by the town regarding the delineation of secondary conservation area lands, following site inspection.

(1)

Design standards. Standards to be followed regarding the design of the conservation subdivision are as follows:

a.

Except as otherwise permitted, conservation lands shall be free of all structures except historic buildings, stone walls, and structures related to conservation land uses. The town council may approve structures and improvements required for storm drainage, sewage treatment and water supply within such conservation land on finding that such facilities would not be detrimental to the conservation land, and that the acreage of lands required for such uses is not credited towards minimum conservation acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use.

b.

Conservation lands shall not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links. Exceptions to this requirement may be granted, on a case-by-case basis, where, due to topography, shape, size, or location of the tract, such requirements are determined by the town council when reviewing the preliminary plat to be infeasible, impractical, or serve no meaningful purpose.

c.

Conservation lands shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to conservation land.

d.

Conservation lands shall be interconnected wherever possible to provide a continuous network of conservation lands within and adjoining the subdivision.

e.

Conservation lands shall provide buffers to adjoining parks, preserves or other protected lands.

f.

Except as provided herein, conservation lands shall be provided with pedestrian pathways for use by the residents of the subdivision. Public access shall be provided on such trails if they are linked to other publicly accessible pathway systems within the town. Provisions shall be made for access to the conservation lands, as required for land management and emergency purposes. Access to conservation lands for agricultural or horticultural purposes may be appropriately restricted for public safety purposes and to prevent interference with agricultural or horticultural operations.

g.

Conservation lands shall be undivided by streets, except where necessary for proper traffic circulation.

h.

Conservation lands shall be made subject to such agreement with the town and such conservation easements shall be duly recorded in the office of the county register of deeds for the purpose of preserving the common open space for such uses.

i.

Conservation lands shall be located in a manner that is consistent with the town's land use plan and the town's conservation land audit, which identifies an interconnected network of conservation lands.

(2)

Specific conservation standards. The following specific conservation standards shall also apply within the conservation subdivision:

a.

Stream valleys, swales, springs, and other lowland areas. Stream valleys, swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, their groundwater recharge functions, their importance to water quality and the health of aquatic communities, and their wildlife habitats. They are generally poorly suited for on-site subsurface sewage disposal systems. Accordingly, the following activities shall be minimized in such areas:

1.

Disturbance to streams and drainage swales.

2.

Disturbance to yearround wetlands, areas with seasonally high water tables and areas of surface water concentration.

3.

Because of their extreme limitations, stream valleys, swales and other lowland areas may warrant designation as conservation lands. They may also require adjoining buffer lands to be included as conservation lands, to be determined by an analysis of the protection requirements of such areas as determined by the town council on a case-by-case basis upon finding that designation of such areas as conservation land would have significant and positive longterm environmental impact on the conservation lands.

b.

Forestlands.

1.

Forestlands often occur in association with stream valleys and wet areas, poor and erodible agricultural soils, and moderate to steep slopes. Forestlands serve many functions, including soil stabilizers, particularly on moderate to steep slopes, a means of ameliorating harsh microclimatic conditions in both summer and winter, a source of wood products, natural wildlife habitats, and visual buffers.

2.

Because of their resource values, all forestlands on any tract proposed for a conservation subdivision shall be evaluated to determine the extent to which they should be designated partly or entirely as conservation lands. Evaluation criteria include: configuration and size, present conditions, site potential (i.e., the site's capabilities to support forestlands, based upon its topographic, soil and hydrologic characteristics), ecological functions (i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats), relationship to forestlands on adjoining properties and the potential for maintaining continuous forestland areas.

3.

The evaluation of the tract's forestlands shall be undertaken consistent with the town's land audit. This evaluation shall be submitted as a report and made a part of the application for a preliminary plat. At a minimum, that report shall include one or more maps indicating boundaries and conditions of forestland areas.

4.

In designing a conservation subdivision, the applicant shall be guided by the following standards:

(i)

Proposed site improvements shall be located, designed and constructed to minimize the loss or degradation of forestland areas.

(ii)

Disturbance or removal of forestlands occupying environmentally sensitive areas shall be undertaken on a limited, selective, as needed basis.

(iii)

No clearing or earth disturbance, except for soil analysis for proposed sewage disposal systems, shall be permitted on a site before preliminary plat approval.

c.

Slopes. Moderately sloping lands (ten to 15 percent) and steeply sloping lands (over 15 percent) are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil sediments into streams, ponds and public roads, are detrimental to water quality and aquatic life, and a potential hazard to public safety.

1.

Areas of steep slope (15 percent or greater) shall be considered as secondary conservation lands.

2.

Development in areas containing slopes of 15 to 25 percent shall be minimized. The only permitted grading beyond the terms described above, shall be in conjunction with the siting of a dwelling, its access driveway and the septic system.

3.

No site disturbance shall be allowed on slopes exceeding 25 percent except grading for a portion of a driveway accessing a dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25 percent is feasible.

4.

Grading or earthmoving on all sloping lands of 15 percent or greater shall not result in earth cuts or fills whose highest vertical dimension exceeds six feet, except where in the judgment of the town's consulting engineer, no other available alternatives exist for construction of roads, drainage structures and other public improvements, in which case such vertical dimensions shall not exceed 12 feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill. Finished slopes of all cuts and fills shall be as required to minimize disturbance of natural grades.

d.

Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance may exist in the town. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features identified by the applicant's existing resources and site analysis plan, as required in subsection 46-42(d)(1), by incorporating them into proposed conservation lands.

e.

Rural road corridors and scenic viewsheds. All applications for conservation subdivisions shall preserve the viewsheds along rural roads by incorporating them into conservation lands or otherwise providing for building setbacks and architectural designs to minimize their intrusion. Views of developable lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping to the greatest degree possible.

(3)

Location of house sites. Applicants shall identify house site locations in the tract's designated development areas designed to fit the tract's natural topography, be served by adequate water and sewerage facilities, and provide views of and/or access to adjoining conservation lands in a manner consistent with the preservation of the conservation lands.

(4)

Alignment of streets; street access.

a.

With house site locations identified, applicants shall delineate a street system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.

b.

Streets shall be designed and laid out in a manner that minimizes adverse impacts on the conservation lands. To the greatest extent practicable, wetland crossings and new streets or driveways traversing steep slopes shall be avoided.

c.

Street connections shall be designed so as to minimize the number of new culs-de-sac and to facilitate easy access to and from homes in different parts of the tract (and on adjoining parcels). Where practical, at least two means of ingress and egress from the conservation subdivision onto adjoining public roads shall be provided for all conservation subdivisions containing more than 15 lots.

d.

Developable lots shall be accessed from interior streets, rather than from roads bordering the tract. Single loaded streets are encouraged to the greatest degree feasible.

e.

Two points of ingress and egress onto an adjoining public road from a conservation subdivision containing more than 15 lots is encouraged. Proposals for more than two points of ingress and egress onto any adjoining public road shall be allowed on a case-by-case basis only when determined by the town council that it would not have a negative impact on traffic levels and patterns and the viability of the conservation subdivision.

(e)

Resource conservation standards for site preparation and cleanup.

(1)

Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to forestlands, or other significant vegetation or site features, the town shall require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to the commencing of, and shall be maintained throughout, the period of construction activity.

(2)

Protection of vegetation from excavations.

a.

When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be avoided.

b.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

(Ord. No. 04-09-13, § 308A, 9-13-2004)