House site, means the approximate foot print of an existing or proposed residential building within the buildable area of a lot.

Transcription

1 ARTICLE V. CONSERVATION SUBDIVISION Sec Definitions. Estate lot a lot with a minimum area of 3 acres that is intended for one principal single-family detached dwelling and may include accessory dwellings and in which a minimum of 50% of the lot area is protected by a conservation easement and no further subdivision of the lot is permitted. Estate lots are a technique for owning and maintaining green space in non-common ownership. House site, means the approximate foot print of an existing or proposed residential building within the buildable area of a lot. Prime farmland means the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Fulton County Georgia (published by the USDA and UGA College of Agriculture Agric. Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses. Primary Conservation Area means all 100-year regulatory floodplains, wetlands as defined by the US Army Corps of Engineers pursuant to the Clean Water Act, and steep slopes greater than 25 percent gradient on a development parcel. Secondary Conservation Area means lands or structures that are set aside as permanent green space land on a development parcel, excluding Primary Conservation Areas. Subdivision, Conservation means a subdivision that employs the development standards and design principles in chapter 50, article V of the subdivision regulations and in particular, any subdivision which reduces lot sizes in order to provide common area green space that is permanently protected by conservation easement. Conservation Subdivision depending upon the context may refer to the aggregate of lots created in such a development or to the act or process of designing such a development. Subdivision, Major means a subdivision not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extensions of the local government facilities or the creation of any public improvements. Buffer, tree save means an area of land of required width in which all existing trees greater than 2 inches diameter at breast height (DBH) are to remain undisturbed except as provided. 8/25/2015 1

2 Sec Purpose. The purpose of this article is to provide additional flexibility in subdivision design to ensure preservation of green space and to promote and protect the rural character of Milton in those areas and districts so designated in the comprehensive plan and the zoning regulations. The purpose and intent of the Conservation Subdivision regulations also includes the following: A. To implement the Comprehensive Plan and the Conservation Plan (dated 2014) of the City of Milton as adopted and to maintain the low-density and rural character of those areas so designated in those policy documents. B. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water by providing permanent green space as a measure for nonstructural control of storm water runoff in the watershed of the Little River, a tributary of the Etowah River, and in the watersheds of other streams within the city by preventing over-development. C. To protect those areas of the municipality with prime agricultural soils for their continued or future agricultural use by conserving blocks of land large enough for efficient farm operations. D. To provide green space suitable for raising and keeping horses, for equestrian sports and training, and for riding trails. E. To conserve scenic terrain, natural beauty, and designated view sheds. to create scenic views by reducing the perception of density and maximizing the number of dwellings with direct access to and views of green space. F. To reduce soil erosion and sedimentation by minimizing land disturbance and minimizing the removal of vegetation in residential development. G. To encourage street designs that promote public safety by reducing traffic speeds and promote construction of roads, walks, bike paths, and riding trails within the Conservation Subdivision and that connect to neighboring communities, schools, and businesses to reduce reliance on auto travel and major arterial roads. H. To preserve native vegetation, aquatic and terrestrial wildlife habitat by providing interconnected greenways contiguous to green space in adjacent areas and jurisdictions to enable the safe movement and migration of wildlife. I. Conserve sites of historic, cultural, architectural, or archeological value by placing those sites in green space. J. Promote a less sprawling form of development within the tract proposed for subdivision that encourages a sense of community by providing parks and community facilities that serve as focal points and public gathering places in the neighborhood. 8/25/2015 2

3 Sec Applicability of Regulations. A. In General Conservation Subdivisions may be approved in any zoning district designated for single-family dwellings. Within the AG-1, R-1, and R-2 zoning districts Conservation Subdivision shall be the preferred method of subdivision. Applicants for Conservation Subdivision shall comply with all other provisions of the zoning ordinance (Chapter 64 of the City Code) and all other applicable ordinances and regulations except those in conflict with the provisions contained herein. B. Options for Major Subdivisions in AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A Zoning Districts In all AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A zoning districts, Conservation Subdivision is the preferred method of subdivision of any tract of land greater than 20 acres in area except as provided in (c) and (d) below. If selected as an option, Conservation Subdivisions in AG-1, R-1, and R-2 zoning districts shall utilize one of the following three design options: 1. Basic conservation design. Basic Conservation Subdivision design provides for residential uses at a density no less than that permitted by the underlying zoning district at a base density of one dwelling per acre. Lands held in conservation easements or other like legal instruments, shall constitute a minimum of 50 % of the tract proposed for subdivision. The flexibly sized lots and layout are intended to work with a community wastewater treatment system located in the most favorable parts of the common area green space; and, with either a public water supply or individual water wells. 2. Estate design. Estate subdivision design provides for rural-suburban residential uses at a lower base density of one principal dwelling on no less than three (3) acres. Such lots may front on new or existing improved public roads or may front on unpaved roads as provided in Sec (e). Estate lots shall provide sufficient area of adequate soils for the safe long-term use of conventional on-site septic systems. Estate lots provide adequate area for recreation uses such as swimming pools, tennis courts, decks, paved terraces and equestrian uses. Estate lots shall provide a conservation easement under Sec for 50% permanent green space within each lot to meet the rural character and view shed requirements and objectives of the city of Milton comprehensive plan and conservation plan. Estate lots shall reserve a minimum of 10% of their buildable area for outdoor recreation uses that include, but are not limited to, swimming pools, tennis courts, decks, paved terraces, agricultural out-buildings or equestrian uses. 3. Buffer design. Buffer design provides for subdivisions that are more suburban than rural in character. It allows lots with a minimum one-acre or more in area as needed to meet the dimension and area requirements of the Fulton County department of health for an on-site septic treatment system as required in Sec of the subdivision regulations and Sec of the zoning ordinance. Buffer subdivisions are not required to have 8/25/2015 3

4 green space protected by conservation easements but the lots shall meet increased buffer requirements in order to protect the rural view sheds of adjoining residential uses and to provide adequate natural undisturbed areas consistent with the comprehensive plan. Buffer subdivisions shall provide buffers within each lot that comply with Sec below. C. Use Permit for Conventional Subdivision Development For property with 20 acres or more within the AG-1, R-1 or R-2 zoning districts, an applicant may apply for a use permit per Sec of the City Code that, if granted will authorize the existing subdivision under the AG-1, R-1, and R-2 zoning districts to develop any subdivision not falling under this Article V. D. Exemption for Large Tract Subdivisions All subdivisions of land zoned AG-1, R-1 or R-2 in which each lot proposed exceeds five (5) acres in lot area and in which no new roads are proposed shall not be subject to Conservation Subdivision design requirements unless the applicant chooses to employ the estate subdivision option. Sec Submittal Requirements for Conservation Subdivisions. A. Application The application for Conservation Subdivision shall be executed by all property owners. B. Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres, such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the site. The features shown on the context map shall include topography, streams, wetland areas, woodlands over one-half acre in area (obtained from aerial photos), ridge lines, public roads and trails as shown on USGS maps or comparable map sources. As an example, a Fulton County GIS map would be acceptable. C. Site Analysis Map The purpose of the site analysis map is to; a) familiarize City staff and officials with the existing and conditions found on and around the site; b) ensure that the important site features have been adequately identified prior to the creation of the subdivision design; and, c) ensure that the proposed green space will meet the requirements of this article. This map shall be submitted 8/25/2015 4

5 prior to the official site visit and shall form the basis for the development design shown on the conceptual plan. The site analysis map shall include the following features: 1. Property boundaries; 2. All streams (perennial and intermittent), rivers, lakes, 100-year floodplains and all required stream buffers; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Topographic contours of no greater than 10-foot intervals; 5. All Primary and Secondary Conservation Areas labeled by type, as described in this Article; 6. Vegetation characteristics; 7. Groundwater recharge areas; 8. Significant wildlife habitats, if known; 9. Historic, archeological, and cultural features; 10. Soil map as published by the USDA and the Natural Resources Conservation Service identifying all soils suitable and unsuitable for wastewater treatment and soils classified as prime farmlands; 11. Planned location of protected green space; 12. Existing roads and structures; 13. Potential connections with existing green space and trails; and 14. Identification of surrounding property characteristics and land use. D. Yield Plan The maximum number of lots in the basic Conservation Subdivision design option shall be based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots allowed under the underlying zoning classification. The yield plan is a sketch plan that is not required to meet the formal requirements for a subdivision concept plan, but shall be drawn to scale and reflect a viable build-out given site features and all zoning regulations applicable to a conventional subdivision. The yield plan shall identify the following elements: 1. Rights-of-way of existing public streets and highways, of existing private streets, and rights-of-way of utility lines whether public or private; 8/25/2015 5

6 year floodplains; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Steep slopes over 25% of at least 5000 square feet contiguous area; 5. Bodies of open water over 5,000 square feet in contiguous area; 6. Extensive rock out-crops; 7. Anticipated right-of-way needs for roads; 8. Areas needed for storm water detention; 9. All proposed lots, their areas, width and frontage; and 10. Topographic contours at 10-foot intervals minimum. E. Sketch Plan A sketch plan of the proposed design may be submitted (see: Sec (d)) by the applicant as a diagrammatic basis for discussion and review to the staff, the Planning Commission, and City Council. Applicants are encouraged to submit a sketch plan. However, the sketch plan is not a formal filing for conceptual plan approval. The sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources map. The sketch plan consists of the following information and elements: 1. Name and address of the legal owner, the equitable owner, and / or the applicant; 2. Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan; 3. Graphic scale not greater than 1 inch = 200 feet, (however, dimensions on plan need not be exact) and north arrow; 4. Approximate tract boundaries, sufficient to locate the tract on a map of the community; 5. Location map; 6. Zoning district; 7. Streets existing and proposed both on-site and adjacent; year floodplains. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act required stream buffers; 9. Topographic contours at minimum 10-foot intervals; 8/25/2015 6

7 10. Schematic layout (bubble format is acceptable) identifying areas for development and areas for conservation; 11. Proposed general street and lot layout; and 12. General description of proposed method of water supply, waste water treatment, and storm water management and a schematic layout identifying any proposed drain field locations for wastewater treatment. Sec Procedure for Review and Approval. A. Pre-Application Meeting A pre-application meeting is required between the applicant, the site designer and the planning staff. The purpose of the pre-application meeting is to review the City s zoning and subdivision regulations and procedures, to discuss the applicant s objectives for the site and to schedule site visits, additional meetings, and plan submissions. Applicants must present the context map at this meeting. B. Review of Site Analysis Map Prior to the site visit required in paragraph (c) below, the site analysis map shall be submitted for review to the Director of Community Development and the Director of Public Works. If the site analysis map is found to be incomplete, the reviewer shall provide, in writing, a description of the incomplete or inadequate features required under Sec c. The site visit shall be scheduled when adequate changes are made. C. Planning Site Visit The purpose of the site visit is to familiarize local officials, as defined in this paragraph, with the property s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of green space and potential locations for proposed buildings and street alignments. The applicant shall schedule a planning site visit to the subject property to obtain advice and assistance prior to preparing a final concept plan of the subdivision for submittal. The site visit shall occur at the site of the proposed Conservation Subdivision, and shall be attended by the applicant, the applicant's designer, community development staff, public works staff, the city arborist, and at least one but no more than three members of the Planning Commission, and at least one but no more than three members of the City Council. The City Manager shall be notified of the date, time and location for the planning site visit and may also attend. A representative from any qualified land trust of the applicant's choosing that is active in the protection of land in the state of Georgia may also be invited to attend the planning site visit. Attendance by abutting residents is encouraged but is at the discretion and invitation of the applicant owner of the property. Nonattendance at the site visit by the Planning Commission or City Council shall not invalidate any portion of the process. 8/25/2015 7

8 The applicant shall distribute copies of the context map and the site analysis map at this on-site meeting. One or more sketch plans, if prepared by the site designer, may also be discussed and reviewed. D. Sketch Plan Submission A sketch plan may be submitted as a diagrammatic basis for informal discussion with the planning officials regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to provide a mechanism to help applicants and local officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the zoning ordinance as determined by the yield plan. E. Elevation Drawings The director of community development, the Planning Commission, or the City Council may require submittal of architectural drawings depicting the view of the proposed Conservation Subdivision from any existing or proposed public right of way from which it may be seen. The elevation drawings shall be at an appropriate scale either from an oblique or bird's-eye view or from a view at eye-level. The drawings shall depict proposed dwellings and other structures, green space and the proposed landscape form so that the staff, the City Council, and the public may evaluate the impact and appearance of the project from the public ways of the city. Sec Four Step Design Process for Conservation Subdivision. All conceptual plans for Conservation Subdivision (basic conservation design, estate design, and buffer design) shall document completion of a four step design process in determining the layout of proposed green space lands, buffers, house sites, streets, and lot lines as described below. A. Step 1: Delineation of Green Space Lands The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Conceptual Plan in accordance with this ordinance. Proposed green space lands shall be designated using the site analysis map as a base map. Green space shall include all Primary Conservation areas and those parts of the Secondary Conservation areas required to be included, as defined herein, and otherwise buildable lands if needed to meet the terms of this ordinance. In delineating Secondary Conservation Areas, the applicant shall consult with Community Development staff on the prioritization of natural and cultural resources on the tract in terms of highest to lowest suitability for inclusion in the proposed green space. Prioritization shall consider the tract s configuration, its relation to resource areas on neighboring properties, and the applicant s own subdivision objectives. 8/25/2015 8

9 Secondary Conservation Areas shall be delineated within the proposed green space using those priorities to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries and the types of resources included. B. Step 2: Location of House Sites Potential house sites shall be tentatively located using the proposed green space lands as a guide as well as other relevant data on the site analysis map such as topography and soils. House sites shall be located not closer than 50 feet from Primary Conservation Areas and Secondary Conservation Areas. C. Step 3: Alignment of Streets and Trails Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards for road design in Chapter 48 and in Chapter 50 of the City of Milton Code of Ordinances and bearing a logical relationship to topographic conditions. D. Step 4: Establishing Lot Lines Upon completion of the preceding three steps, lot lines shall be drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step. Lots shall be regular in shape and have the minimum street frontage required by zoning or as provided in these regulations. Reverse frontage lots are prohibited. Sec Conceptual Plan. After completing the four-step design process, the design shall be consolidated into a proposed conceptual plan for the subdivision. At least one copy of the proposed conceptual plan shall be reproduced at the same scale and size as the site analysis map and on transparent or translucent material so that it may be over-laid upon the site analysis map for accurate comparison. Additional digital copies of the overlay may be required for the City Council members and shall be at a suitable scale and detail to be clearly read. The conceptual plan shall contain the following information, elements, and format: A. Name and address of the legal owner, the equitable owner, and the developer applicant; B. Name and address of the professional engineer, land surveyor, architect, landscape architect, or the site designer responsible for preparing the plan; C. Graphic scale not greater than 1 inch = 200 feet, and north arrow; D. Approximate tract boundaries, adequate benchmarks sufficient to locate the tract on a map of the community and on the state coordinate system; 8/25/2015 9

10 E. Location map; F. Zoning district and district boundaries on the site; G. Streets existing and proposed both on-site and adjacent; H. Streams, stream buffers, and bodies of water, 100-year floodplains, wetlands meeting US Army Corps of Engineers definition under the Clean Water Act; I. Topographic contours at minimum 5-foot intervals; J. Areas designated for conservation and any areas designated for phased development; K. Proposed lot layout and lot areas in square feet; L. Location and description of all existing and proposed structures within green space areas; M. Description of proposed methods of water supply, wastewater treatment, and storm water management including locations for proposed water wells, wastewater treatment facilities and drain field locations; and N. Locations of all required tree save buffers (show on a separate sheet). Sec Hearings and City Council Approval Required. A. Public Hearings by Planning Commission and City Council Official submittal of a proposed conceptual plan for approval shall include all required accompanying material including any approved permits or permit applications for wastewater treatment. Upon receipt of a complete submittal, the chair of the Planning Commission shall call a public hearing before the Planning Commission to be held no more than four weeks after the date of the completed application. The chair shall call a special meeting of the Planning Commission if necessary. The Director of Community Development shall then set a date for public hearing before the City Council at the next regularly scheduled meeting subsequent to the Planning Commission public hearing except that the date shall be sufficient for the Planning Commission s recommendation to be conveyed to the City Council. The Director of Community Development shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the Planning Commission public hearing and mail a notice of both public hearings to all property owners as specified in the zoning regulations. The director shall maintain file copies of the conceptual plan and supporting plans and documents for public review prior to the hearings. The Director of Community Development shall furnish one sign poster per public road frontage to the applicant to be posted by the applicant on each public road in visible locations that adjoin the proposed subdivision property at least 10 days prior to the first public hearing indicating the date, time and place of both public hearings. At the time of the first public hearing, the applicant shall submit an affidavit stating that the applicant has placed the sign poster provided by the Director of Community Development at the locations required above. 8/25/

11 The Planning Commission shall review the conceptual plan, yield plan and, site analysis map, and may also review other plans and documents, the report of the Director of Community Development and Director of Public Works, any municipal recommendations, and the testimony and exhibits submitted at the public hearing. The applicant shall be advised of any recommended changes to the proposed conceptual plan. The Planning Commission shall by majority vote recommend that the City Council approve, conditionally approve, or deny the conceptual plan. It shall transmit its specific recommendations for modification of the subdivision, if any, to the City Council for consideration. B. Approval by City Council 1. The City Council shall review the conceptual plan, yield plan, site analysis map, and may also review other plans and documents including all wastewater permits or applications, the report of the Director of Community Development and the Director of Public Works, any recommendations by the Planning Commission, and the testimony and exhibits submitted at the public hearings. The applicant shall be advised of any required changes and /or additions to the proposed conceptual plan. 2. The City Council shall consider whether the conceptual plan complies with all provisions of this article, of the subdivision regulations where applicable, the zoning ordinance, and all other applicable laws. In addition, the City Council shall consider whether: a. Provisions have been made for a water supply system sufficient in quantity, dependability, and quality for purposes of health, emergency, and adequate fire protection for the subdivision proposed; b. Adequate provision has been made for wastewater treatment and that such systems will comply with federal, state, and local laws and regulations; c. Adequate areas are allocated to meet the regulations for the long-term collection, management, and treatment of stormwater; d. Adequate safe access is provided to and within the subdivision meeting the standards of these regulations. Where the subdivision abuts a state designated highway, all applicable standards are followed, including the applicable rules of the Georgia Department of Transportation; e. The proposed subdivision is designed to permanently protect all resources designated as primary conservation areas and all those secondary conservation areas of value sufficient to be placed within permanent green space and that the proposed green space is adequate in area, dimensions, and quality sufficient to meet the requirements in these regulations; 8/25/

12 f. No platting of lots within the subdivision will create any non-conforming lots or increase the non-conformity of existing non-conforming lots on property either within or adjacent to the subdivision; and g. All historic buildings or resources have been adequately protected from negative impact from development of the Conservation Subdivision whether on or adjacent to the subdivision. 3. Before the Director of Community Development approves a conceptual plan showing park reservation or land for other local government or public use that is proposed to be dedicated to the city of Milton, the City Council shall grant approval of the park or land reservation. Any party claiming to be aggrieved by a decision of the City Council of this article may appeal to the Superior Court of Fulton County. Sec Lot Design Standards. A. Lot Sizes The minimum allowable size for a buildable lot is 10,890 square feet (0.25 acre). There shall be no maximum lot size. B. Estate Lots Estate lots with a minimum area of three (3) acres in area may have one principal single-family dwelling, a guesthouse, and no more than two attached accessory dwellings. The accessory dwellings shall be attached to the principal dwelling by roofline, or by a breezeway or arcade and shall not exceed 860 sq. ft. in floor area each. Estate lots shall have a minimum of 50% of the lot area protected by a permanent conservation easement under Sec No further subdivision for residential purposes shall be permitted. The green space within such lots, though not owned in common, shall be counted toward satisfying the minimum green space requirement of the conservation subdivision. C. Double Frontage Lots Prohibited All lots shall front on and gain access from a public road. Houses shall front the direction of houses on adjoining lots. Double frontage lots (reverse frontage lots) shall be prohibited in all Conservation Subdivisions under this article except for estate lots where necessary. On estate lots with double frontage, a conservation easement covering 50% of the lot area and an easement prohibiting vehicular access to one of the frontages shall be placed on the conceptual plan and on the final plat. D. Area and Yard Requirements The design of all buildable lots shall comply with the table below. 8/25/

13 Lot Standards in AG-1 Conservation Subdivisions Basic Conservation Subdivision Estate Subdivisio n Buffer Subdivisio n Lot Width - minimum Minimum Lot Area AG-1 (refer to Sec ) Cottage Lots Traditiona l Lots Large Lots Estate Lots Buffer Lots ac. on paved roads. 3 ac. on unpaved road 10,890 to 16, 000 s.f. 16,001 to 22,000 sf 22,001 sf to acres 3 acres 1 acre Setbacks (min.) Front Yard Side Yards Interior lot Corner lot Rear Yard Minimum Public Road Frontage E. Locations of Lots and Structures 1. House lots under basic conservation design shall not be located in any Primary Conservation Area. Any Secondary Conservation Areas not included in green space shall not be included within the buildable area of any lot. Estate lots may contain Primary Conservation and Secondary Conservation Areas but such areas shall not be included within the buildable area of any estate lot. 2. House lots shall generally be accessed from interior streets rather than from existing roads bordering the tract except that lots with a minimum one acre in area are permitted to front such existing roads. 8/25/

14 3. In the basic Conservation Subdivision option, at least three-quarters (3/4) of the house lots shall directly face, abut or be across a street from Primary or Secondary Conservation areas. 4. There shall be a minimum building separation requirement of 20 ft. between all principal buildings on adjoining lots. 5. Accessory buildings shall be placed in side or rear yards but shall not be placed within minimum required yards. Detached garage buildings shall be prohibited in front yards. 6. The final plat for a Conservation Subdivision shall display on each lot a buildable area sufficient to contain the proposed principal building, any proposed guesthouse, and any customary accessory structures. Sec Green Space Standards. A. Green Space Required 1. Within a basic Conservation Subdivision and an estate subdivision, the minimum required green space shall be 50% of the gross tract area of the proposed Conservation Subdivision. 2. Green space shall consist of all Primary Conservation Areas, if any. Secondary Conservation Areas and lands that are otherwise considered buildable in a sufficient amount to meet the 50% minimum requirement. 3. To the extent practicable, green space shall be preserved in larger, contiguous tracts so as to provide uninterrupted habitat for plants and wildlife. The green space, to the extent practicable, should adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space. B. Primary Conservation Areas Primary Conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as Primary Conservation Areas shall be undisturbed, except as provided herein. Primary Conservation Areas shall include: 1. The 100-year floodplain; 2. Riparian buffer zones of at least 75 ft. width on either side along all perennial streams and 25 ft. along intermittent streams; 8/25/

15 3. Riparian buffer zones of at least 75 ft. width on either side along the Little River Corridor; 4. Slopes above 25% of at least 5000 square feet contiguous area; 5. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; and 6. Populations of endangered or threatened species, or habitat for such species. C. Secondary Conservation Areas The following are considered Secondary Conservation Areas and shall be protected to the maximum extent feasible in order to meet the minimum green space requirement: 1. Important historic sites subject to approval indicating that these structures are compatible with the City of Milton Zoning Ordinance; 2. Existing healthy, native forests of at least one acre contiguous area; 3. Individual existing healthy trees greater than 6-14 inches diameter at breast height (DBH), depending on species; 4. Significant natural features and scenic view sheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads; 5. Prime agricultural lands, and farmland of statewide importance, as defined by the Natural Resource Conservation Service, of at least five acres contiguous area; 6. Existing trails that connect the tract to neighboring areas; 7. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance; and 8. Tree save buffers, minimum 50 feet in width, where required along the perimeter boundary of the Conservation Subdivision. D. Permitted Uses of Green Space Uses of green space include the following: 1. Conservation of natural, archeological, or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented uses; 3. Walking or bicycle trails, provided they are constructed of permeable materials; 4. Passive recreation areas, such as open fields; 8/25/

16 5. Community gardens; 6. In AG-1 zoned green space: agriculture, horticulture, silviculture or pasture uses. Provides all applicable best management practices are used to minimize environmental impacts, such activities are not conducted within Primary Conservation Areas, and, no existing healthy, native forests of more than one contiguous acre are removed to allow for such activities; 7. In AG-1 zoned green space: equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses provided that buildings used for housing animals must be set back at least 100 feet from all property lines; 8. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; 9. Individual and community wastewater treatment systems, and their associated drain fields when located on soils particularly suited to such uses provided that such facilities shall be located outside of any Primary Conservation Areas; and 10. Easements for drainage, access, and underground utility lines. E. Prohibited Uses of Green Space Notwithstanding the uses permitted in sub-section (d), above, the following uses of green space are expressly prohibited: 1. Golf Courses; 2. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; 3. Agricultural and forestry activities not conducted according to accepted Best Management Practices; 4. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the green space; and 5. Impoundments of water with a surface area in excess of 10 percent of the green space. 8/25/

17 Sec Ownership, Preservation, and Maintenance of Green Space. A. Method of Preservation Green space shall be encumbered with an easement or like instrument and shall be preserved and maintained solely for the purposes specified in section The method for effectuating such preservation and maintenance shall be one of the following: 1. Establishment of a homeowners association (HOA), to own and maintain the land in common for the green space purposes intended according to the following provisions: a. With their application for a permit to develop a Conservation Subdivision, developers will create and submit documentation detailing the minimum requirements, procedures, and structure for the HOA; b. The HOA will maintain, pay taxes, and own the green space; and c. The HOA will execute legally enforceable permanent conservation easement for the platted green space as described in subsection B.1. below. 2. Dedication of legally described and platted green space to the City of Milton shall be at the discretion of and approval by the City of Milton Mayor and City Council. 3. Conveyance of legally described and platted green space to a land trust established in compliance with the requirements of Georgia law for conservation purposes. B. Legal Instrument for Permanent Protection 1. Green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and which shall be a permanent conservation easement conforming to a form provided by the City, in favor of either: a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or b. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the city of Milton, then a third right of enforcement favoring the city of Milton shall be included in the easement; or c. An equivalent legal tool that provides permanent protection if approved by the city attorney. 8/25/

18 2. All legal instruments used to permanently protect conservation areas platted within the Conservation Subdivision shall be executed by the owner and/or developer on behalf of the homeowners association and shall be approved by the City Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the developer shall record said documents with the Clerk of the Superior Court s office. The developer or his agent shall furnish all fees associated with the recordation of plats and legal instruments. Sec Infrastructure Standards in Conservation Subdivisions. A. Roads and Streets B. Trails 1. Roads within Conservation Subdivisions shall comply with the standards in the subdivision regulations of the city of Milton (Chap. 50) and in particular, comply with Design Standards For Streets in Conservation Subdivisions set forth in the standard details for land development activity. The design of streets within the Conservation Subdivision shall be reviewed and approved by the Director of Public Works prior to approval of a conceptual plan; 2. Cul-de-sac streets shall be permitted only if no other feasible street design is possible as determined by the Director of Public Works. The placement of half cul-de-sacs to accommodate changes in street alignment is prohibited. Alternatives to the cul de sac are: loop streets, loop lanes, single loaded streets and crescents as shown in the Design Standards for Streets in Conservation Subdivisions ; 3. Turf, trees and other vegetation shall be used for the inner circle of turn-arounds, rather than paving the entire area. A note on the final plat shall declare the HOA responsible for the maintenance of such landscape areas; and 4. Where feasible, residential streets shall provide more than one entrance to the subdivision and interconnect with external or adjoining public streets. Marked paths and trails shall be provided with improved surfaces of pervious materials as approved by the Director of Public Works for non-vehicular traffic within the development and connecting to neighboring residential and commercial areas. Such trails may be constructed within the buffer area provided such path or trail may be no wider than 8 feet. All clearing associated with the construction of such path shall be limited to 10 feet in width. Paths or trails within a perimeter buffer must be located within the first 25% of the buffer farthest from the exterior boundary line for the subdivision but in no event shall it be within 30 ft. of the exterior boundary line. 8/25/

19 C. Wastewater Utility Systems 1. All proposed building lots shall have adequate wastewater utilities. If public sanitary sewer is not available as specified in Sec , then each lot shall be served by either an on-site septic system or by a community wastewater treatment system. Wastewater treatment systems may be placed in suitable locations within Secondary Conservation Areas. The locations shall be established in conformity with plans and permits from the Georgia Environmental Protection Division or the Fulton County Health Department as appropriate. 2. All wastewater treatment system components such as pumps, tanks, drain fields and drip lines shall be placed in one or more separate parcels. The parcel(s) shall be for maintenance access and for defining ownership. Such parcels need not comply with minimum lot standards but shall have sufficient frontage on a public road and sufficient width to provide all necessary access for maintenance and construction. These parcels and structures may be placed within green space and may count toward green space requirements. 3. Ownership and maintenance of any community wastewater treatment system shall be the responsibility of the developer, a homeowners association or an owner/ operator licensed by the State of Georgia to operate such a system. 4. Ownership and maintenance of those parts of community wastewater treatment systems located on lots shall be the responsibility of the individual lot owners unless otherwise approved both by the appropriate permitting authority and by the Director of Public Works. 5. The City of Milton is authorized to serve as a trustee for a community wastewater system, at the sole discretion of the Mayor and City Council. The City of Milton may require appropriate and reasonable surety and guarantees, and specifications regarding the construction, operation, and maintenance of any community wastewater treatment system for which it agrees to serve as a trustee. 6. Issuance of permits by other governmental authorities for construction of a community wastewater system does not obligate or bind the City of Milton, or the Milton City Council to approve any proposed Conservation Subdivision. D. Stormwater Structures Facilities 1. Conservation Subdivisions shall comply with Sec Stormwater Provisions. Storm water management structures designed to promote on-site infiltration and/or treatment of runoff and that comply with the City of Milton s adopted Stormwater Management Manual (chapter 20, article IV of the City Code) may be permitted in green space in suitable locations within Secondary Conservation Areas if approved by the 8/25/

20 Director of Public Works. In general, storm water utility systems shall not be allowed to encroach into an exterior buffer as defined herein. 2. Notwithstanding other provisions to the contrary, the Director of Public Works may permit stormwater control structures to be built within a required buffer if he or she determines that this is the only practical location. However, the area devoted to such installation may not be used to satisfy the green space requirement for the development. Where stormwater structures are allowed within the required buffer, the developer shall plant sufficient vegetative material to obscure such structure from view. All walls or other hard surfaces of such structure shall be painted a muted earth-tone or shall be faced with other materials to further conceal such structure from view. E. Water Supply Water wells supplying a Conservation Subdivision shall be placed in suitable locations within Secondary Conservation Areas or within individual lots. Wells shall comply with all setbacks required for nearby wastewater drain fields. Easements shall be placed on all water wells when Public water supply systems, if available, shall be shown on the conceptual plan as required in the subdivision regulations. Sec Tree Save Buffers. A. Tree save buffers shallmay be applied within each proposed lot according to the following table. Tree save buffers shall be marked during construction of the subdivision with high visibility temporary fencing. Within tree save buffers located in front and side yards on private lots, the clearing of underbrush using handheld power equipment, the removal of trees under 2 inches. in DBH and the trimming of tree limbs to a height of six feet on the trunk shall be permitted as specified in guidelines issued by the city arborist. No land disturbance and no clearing shall be permitted within tree save buffers except as permitted along the lot frontage or elsewhere for utilities and trails as provided in these regulations. No land disturbance shall be permitted within the drip line of trees extending beyond the edge of the tree save buffer. Dangerous trees and invasive plants may be removed from all tree save buffers as permitted by the city arborist. 8/25/

21 Standards for Tree Save Buffers and Green Space Tree Save Buffers (min. width) Basic Conservation Design Cottage Lots Traditional Lots Large Lots Estate Lot Design Estate Lots Front Buffer Side Buffers Interior line None None Corner line Rear Buffer Maximum Clearing of Frontage Minimum Green Space Standards Greater of 20 ft. or 50% 50% in basic conservation subdivision Buffer Design Buffer Lots 50% 50% 40% 50% 50% in basic conservation subdivision 50% in basic conservation subdivision 50% green space in conservation easement 30% per lot in buffer area B. A tree save buffer may be required along the perimeter boundary of the conservation subdivision for any of the following purposes: 1. Where ever resources exist off-site on the abutting property which, if proposed for Conservation Subdivision, would qualify as primary or secondary conservation areas; 2. Where ever the opportunity exists to match up and reinforce a similar buffer and green space that might be planned in the future on the abutting property; 3. For buffering impacts of new development (such as privacy and noise) upon existing residences; and 4. For maintaining rural view sheds. C. Tree save buffers shall not be required where ever large pastures, clearings, or greens exist along public roads and are placed in the common area green space of the conservation subdivision. If necessary, the placement of lots around the pasture or green can be mitigated by use of setbacks or other techniques. D. Within tree save buffers located along a perimeter boundary of the Conservation Subdivision, fences, if any, shall be placed to accommodate the free movement of wildlife within such a buffer. 8/25/

22 E. Estate lots may be placed fronting along existing roads adjoining the proposed conservation subdivision and no additional buffer other than any required by zoning shall be required. F. Upon recommendation of the Community Development Director, the City Council may require buffers up to 150 feet in width along the subdivision perimeter where insufficient forest or terrain exists to provide visual screening and where added separation of the proposed lots achieves those purposes. However, if the adjoining properties are in agricultural use or they are currently undeveloped and are suitable and likely candidates for Conservation Subdivision, such an enhanced buffer may not be required. G. All buffers beyond 50 feet or greater in width may count toward the required green space of the basic Conservation Subdivision or the requirement for green space within estate lots. 8/25/