Uses permitted within open space areas
The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation and agricultural purposes. Stormwater drainage areas and well placement may also be allowed if permitted by the planning commission in accordance with the subdivision and land development regulations.
(1) Uses permitted within the open space of a conservation design subdivision shall be in accordance with the development restrictions placed in the conservation easement that is to be granted to the town.
In addition, the following specific uses are permitted:
a. Conservation of land and other natural resources;
b. Agricultural uses, as provided in article III, land use table of this chapter. The prohibition of any such use (N) or the requirement to obtain a special use permit (S) as provided in this table shall apply;
c. Privately owned and maintained wells for individual uses within the Conservation Development;
d. Privately owned and maintained community wells for uses within the Conservation Development;
e. Subdivision parks; and,
f. Community centers, recreation facilities and similar structures designed for the use of the residents of the conservation development
Placement of individual sewage disposal systems (ISDS) within the open space shall be permitted only by the granting of a waiver from the requirements of the subdivision and land development regulations by the planning commission. The only grounds for such a waiver shall be where the literal enforcement of one or more of the provisions of the regulations is impractical and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver is in the best interest of good planning practice or design as evidenced by consistency with the comprehensive plan and this chapter.
Where ISDS and/or wells are proposed to be located within the open space area of a conservation development, the planning commission may, as a condition of approval, require that a capital fund be established to cover future maintenance of these utilities. The commission shall set the requirements for this capital fund to be administered by a home owners' association, by individual lot or dwelling unit owners, or other organization approved by the commission.
(Ord. No. 06-06, § 4, 4-10-2006)