§ 15.2. General regulations.

A.

Applicability of regulations. This conservation subdivision option is available in the R-20, R-15, R-10, and R-7 districts as a use by right. Applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those that are incompatible with the provisions contained herein.

B.

Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

C.

Housing density determination. The maximum number of lots in the conservation subdivision shall be determined by either of the following two (2) methods:

1.

Calculation: The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

a.

Slopes over twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area;

b.

The 100-year floodplain;

c.

Bodies of open water over five thousand (5,000) square feet contiguous area;

d.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or

e.

Anticipated right-of-way needs for roads and utilities.

2.

Yield plan: The maximum number of lots is 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 possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.