Maximum density for conservation developments
The maximum density for a conservation development shall not exceed the number of lots (or dwelling units) which could reasonably be expected to be developed upon the conservation development site under a yield plan as defined in section 21-22 herein. The planning commission shall make this determination in accordance with the following procedure.
(1) The basic maximum number of dwelling units allowed on a parcel of land proposed for development as a conservation development is defined as the maximum number of dwelling units that could reasonably be expected to be developed as a conventional subdivision upon that parcel under a yield plan as defined herein. The applicant for approval of a conservation development shall have the burden of proof with regard to the reasonableness and feasibility of the design and of the engineering specifications for such yield plan; provided, however, that the planning commission's determination of the basic maximum number shall be conclusive.
(2) Yield plans shall be prepared by the applicant as conceptual layout plans in accordance with the pre-application checklist (checklist B, subdivision and land development regulations). Yield plans shall show proposed streets, lots, rights-of-way, land unsuitable for development and other pertinent features. Although the yield plan must be drawn to scale, it need not be based on a field survey, nor shall it include field verified wetlands. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of land unsuitable for development as defined in section 21-22, existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.
(3) The yield plan shall also reflect the dimensional standards for uses being proposed, as contained in article IV, dimensional regulations, and table 2A-2C, or other applicable dimensional requirement of this zoning ordinance. The yield plan must identify how conventional lots or uses could be developed having the required area not including land unsuitable for development, frontage and other dimensional requirements of the zoning ordinance.
(4) On sites served by individual sewage disposal systems (ISDS), density shall be further determined by evaluating the number of dwelling units or other uses that could be supported by ISDS on lots in a conventional subdivision. Lots or dwelling units shown on a yield plan shall not include dwelling units proposed to be serviced by an ISDS that requires the granting of a variance by the state department of environmental management. The planning commission shall determine the suitability of the parcel to be developed as a conventional subdivision, based on the soils information provided by the applicant, upon observations mad during the site visit to the property, and/or upon other evidence available to the commission at any time during the development review process.
(5) At the pre-application stage of review, the planning commission shall discuss the basic maximum number of lots/dwelling units permitted in a development. This initial determination shall not be binding upon the commission or applicant, but shall provide guidance and direction to the applicant regarding the maximum number of lots or dwelling units that appear to be feasible, taking into account the physical constraints to development present on the site. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the planning commission may increase or reduce the number of lots/dwelling units contained in the initial basic maximum number. For all developments, the final basic maximum number shall be made at the final stage of review.
(6) In developments that require alteration to be made to freshwater wetlands, the commission may establish an initial basic maximum number contingent upon confirmation by the state department of environmental management that such alterations are permitted under the provisions of the Freshwater Wetlands Act.
(7) Accessory dwelling units shall be excluded from the determination of the number of dwelling units allowed under a yield plan and shall not be counted as dwelling units in the determination of development to subsequently be permitted, whether the conservation development was approved before or after adoption of this provision. Provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.5 above the basic maximum number where granted a zoning incentive as provided in section 21-215.
(Ord. No. 06-06, § 4, 4-10-2006; Ord. No. 07-23, § 5, 9-24-2007)