Applicability

A. The Planning Board may require a proposed land development project or subdivision to be developed in the form of a conservation development only in the following zoning districts: A-4 Agricultural-Residential; A-3 Agricultural-Residential and R-2 Residential.
B. In accordance with the standards set forth in this article, the Planning Board shall have the authority to determine whether a major or minor subdivision or land development project, whether a subdivision or not, shall be developed as a conservation development or a conventional subdivision, as further provided in Subsections C, D, E and F, below.
C. If an applicant requests approval of a major or minor conventional subdivision, the Planning Board shall first require the applicant to submit a plan(s) of a conservation development for the property proposed for development, following the requirements and procedures for conservation developments provided in this section. As a comparison, the applicant shall also submit plan(s) for the conventional type of development requested. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may permit the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
D. If an applicant requests approval of a major or minor conservation development, and the Planning Board determines that a conventional subdivision may be preferable, the Board may require the applicant to submit a plan(s) of both a conservation development and a conventional development. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may require the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
E. Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development (e.g., open space lots) shall not be required to be developed as a conservation development.
F. The Planning Board may not require an application for a rural residential compound to be submitted as a conservation development or conventional subdivision. Applications for approval of a rural residential compound shall be at the discretion of the applicant, subject to the provisions of Article X of this chapter, and in accordance with the procedures and standards set forth in the Land Development and Subdivision Regulations for minor land development projects.