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HomeMy WebLinkAboutORD 2008-12 - Conservation Subdivisions UDCI► 1 W1 An Ordinance of the City Council of the City of Georgetown, Texas, creating Section 11.06 ("Conservation Subdivisions") of the Unified Development Code, Passed and Adopted on the 11th Day of March 2003, Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. Whereas, the City Council of the City of Georgetown ("City Council") conducted a workshop on January 12, 2005 with noted land planner Randall Arendt to learn about Conservation Subdivision Design and understand its possibilities as a planning tool for Georgetown; and Whereas, on May 24, 2005 the City Council directed the City staff to develop a Conservation Subdivision Ordinance as a part of the City's Unified Development Code; and Whereas, on September 12, 2006 the City Council adopted resolution 091206-U which established a requirement for Conservation Subdivision Design in the South San Gabriel River basin; and Whereas, according to the United States Environmental Protection Agency publication 231-R-06-001 the following strategies are recommended for maximum protection of water resources: preservation of large, continuous areas of absorbent open space, preservation of critical ecological areas, such as wetlands, floodplains, and riparian corridors, and minimizing overall land disturbance and impervious surface associated with development; and Whereas, according to the United States Environmental Protection Agency publication 231-R-06-001 reducing overall imperviousness within a watershed by preserving large, continuous areas of open space and clustering development at higher densities reduces the total amount of stormwater runoff within the watershed and increases the overall health of the watershed; and Whereas, conserved open space in conservation subdivisions will allow for the creation of a network of linked open spaces and parkland and provide corridors for wildlife movement; and Whereas, from June 2007 to February 2008, the City staff conducted a series of meetings with local real estate developers, home builders, planners, engineers and other stakeholders to refine the Conservation Subdivision Ordinance provisions for implementation within the city limits and ETJ; and oKo. a0090 t Conservation Subdivision Ordinance Page 1 of 14 Whereas, pursuant to Article 11, Section 5 of the Constitution of the State of Texas the City has the authority to adopt ordinances not inconsistent with the laws of the State of Texas; and Whereas, pursuant to Section 212.002 of the Texas Local Government Code the City has the authority to adopt rules governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly and healthful development of the City; and Whereas, pursuant to Section 401.002 of the Texas Local Government Code the City has the authority to adopt rules prohibiting the degradation of a stream, recharge feature, recharge area, or tributary that may constitute or recharge the source of water supply of the City and may provide for the protection of and may police any watersheds; and Whereas, policy three of the Century Plan Development Plan states that the City will take the steps necessary to protect the physical attributes that make Georgetown attractive and establishes high priority to adopt new ordinances consistent with the protection of the Edwards Aquifer. Whereas, the City Council finds that it is necessary for the protection of watersheds, wildlife habitat, open space networks and the protection of other natural and historic resources to adopt a Conservation Subdivision Ordinance. TTOTTI ! s GEORGETOWN,THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Century Plan as follows: Policy 1.0: The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. Goal: Develop policies which enhance the quality of life for the community while preserving the unique character and natural resources. Str_ &t gy: Implement the Unified Development Code (UDC) to ensure consistency of the City's development ordinances to preserve the character of the community. OPJD. 0 e 1;-. Conservation Subdivision Ordinance Page 2 of 14 SECTION 2. The City Council hereby finds that this implement the Goals of the Future Land Use Plan as follows: ordinance seeks Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City's natural features, environmentally sensitive areas, and existing land uses. Goal 6: Provide for a variety of housing types throughout the City. Objective 6.8 Where possible, encourage clustering of residential units to reduce development and maintenance cost, preserve natural features and maximize open space. Goal 11: Promote respect, conservation, enhancement and protection of important natural features and resources. Objective 11.1: Develop guidelines to help conserve and protect environmentally sensitive, unique areas, including the San Gabriel River, creek areas and areas affected by the Edwards Aquifer (i.e. recharge zones); guidelines should include ensuring water infiltration (e.g., maximizing permeable surfaces, minimizing paving and building coverage, etc.) and protection of watershed areas. Objective 11.4: Maintain high standards for water quality, especially in terms of the quality of the San Gabriel River. Objective 11.5: Encourage and promote water conservation through use of native plant materials, xeriscape techniques, and other methods. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 3. Chapter 11 "Environmental Protection" is hereby amended by adding a new Section as follows: ORIDe �I Conservation Subdivision Ordinance Page 3 of 14 Section i i i i This Section is intended to encourage Conservation Subdivisions within the city limits and the City's ETJ in order to protect natural resources, conserve valuable open space, reduce erosion and sedimentation, preserve riparian corridors, provide for walking trails, protect the community water supplies, reduce infrastructure, preserve prime agricultural land, provide smaller streets with less environmental disturbance and plan for overall watershed protection. In an effort to achieve these goals, the City is encouraging developments in areas that are intended for Low-density single-family residential to be designed'in a manner consistent with the conservation design standards outlined below. A. General. The provisions of this Section ii.o6 apply to any property in the city limits and the ETJ that will be developed as Conservation Subdivisions with centralized wastewater collection and treatment services (i.e., wastewater service provided by the City of Georgetown or another qualified regional service provider). B. Incentives. Properties developing under the provisions of this Section 11.06 will be eligible for development incentives including increased density, alternative street standards with less pavement surface and grading, flexible lot standards with shorter setbacks, increased impervious cover bonuses, connection to organized wastewater systems, and flexible stormwater design. C. Properties in ETJ Served by Septic Systems. Property located outside of the city limits that will not be developed with collectivized wastewater systems are not eligible for the incentives or provisions associated with this Section z1.o6. D. Council Consideration of Applicability of Standards. The City staff shall review a Site Analysis Map (Section x.1.06.020 (A)) for applicable properties and prepare a report for consideration by the Planning and Zoning Commission and City Council stating whether the development standards in this Section zs.o6 are recommended for the property. E. Limit on Wastewater Service. Property developed under this Section il.o6 may be allowed to connect to the City's wastewater system, in compliance with the utility extension policies of this Code and all other applicable City ordinances and policies, for the level of demand not to exceed that stated in the City's Comprehensive Plan for the type of Land Use category applicable to the property shown on the City's Future Land Use Plan. A. Site Analysis Map Required. The Applicant shall prepare and submit a Site Analysis Map to the planning staff for review prior to the submittal of an application for Preliminary Plat or Site Plan, whichever comes first. If the property meets the criterion set forth is Section li.o6.ol0, the Site Analysis Map must be acted upon by the City Council prior to submittal of any subsequent application for development. The purpose of the Site Analysis Map is to ensure that the important site features have been adequately identified prior to the creation of the site design, the proposed open space O 008 - i Conservation Subdivision Ordinance Page 4 of 14 set-aside will meet the requirements of this section, and whether the site is a candidate for development using conservation subdivision design principles. The Site Analysis Map can be prepared by a licensed landscape architect, geologist, professional engineer, surveyor or other professional, set forth in the Development Manual. The Site Analysis Map shall include, but not be limited to, the following features, if applicable: 1. Property boundaries; 2. The FEMA Floodplain, additional streams, rivers, lakes, wetlands, and other hydrologic features; 3. Topographic contours of no less than to -feet intervals; 4. Probability of Karst features; 5. Probability of Endangered or Threatened Species habitat; 6. General vegetation characteristics of the land (trees, understory brush, groundcover, etc.); 7. Existing roads, structures and utility easements; 8. Historical or archaeological sites; 9. Agricultural land in current or historical farming use; lo. Potential connections with existing or future green -space and trails. B. Conservation Open Space Management Plan Required. A Conservation Open Space Management Plan, as described below, shall be prepared and submitted concurrently with the Preliminary Plat and be referenced to in a plat note. This Conservation Open Space Management Plan ("Plan") shall: 1, allocate responsibility and state guidelines for the maintenance, cost and operation of the Open Space and any facilities located thereon, including provisions for ongoing maintenance, the source of funding and for long-term capital improvements; 2. provide for enforcement of the Plan; 3. determine whether or not structures to be built within the plat(s) will be designated "green design" (as defined in ll.o6.040); 4. provide that any changes to the Plan be reviewed and approved by the City Council of the City of Georgetown; and 5. include a provision stating that, in the event that the guidelines described in the Plan have not been met, the City may assume or assign responsibility for its maintenance and may enter the premises and take corrective action, the costs of which may be charged to the Owner(s). C. Instrument of Permanent Protection Required. An instrument of permanent protection, such as a conservation easement, deed restriction or other permanent restrictive covenant, as described below, shall be placed on the Open Space prior to the recordation of the Final Plat. A plat note referencing this instrument shall be included on the Preliminary and Final Plats. This instrument can be: 1. A permanent conservation easement in favor of: 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 retransfer in the event the organization becomes unable to carry out its functions; b. a homeowner's association, provided that membership is mandatory; or c. a governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not . woolt, Conservation Subdivision Ordinance Page 5 of 14 the City, then a third right of enforcement favoring the City shall be included b. Meadows, woodlands, wildlife corridors, game preserves, or similar in the conservation -oriented areas; easement; or 2. Another equivalent legal tool that provides permanent protection, if approved by the City. A. Standards to Determine Conservation Open Space. The Conservation Open Space shall comprise at least thirty-five percent (35%) of the gross tract area, including parkland dedication, described in Section 13.05. Parkland dedication is permitted and encouraged to be within or directly adjacent to the Conservation Open Space, 1. The following are considered Primary Conservation Areas and are required to be included within the Conservation Open Space, unless the Applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article, as determined by the Director. a. The regulatory loo -year floodplain, as defined by the City of Georgetown Drainage Manual; b. Buffers of at least twenty-five (25) feet on both sides of the floodplain for all perennial and intermittent streams in a drainage basin of 20 acres and greater; c. Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean grater Act; d. Karst cave features and buffers; e. Endangered or Threatened Species habitat; and f. Archaeological sites, cemeteries and burial grounds; 2. The following are considered Secondary Conservation Areas and may be included within the Conservation Open Space, if necessary or desired. a. Existing healthy, native forests of at least one acre contiguous area; b. Meadows, woodlands, wildlife corridors, game preserves, or similar conservation -oriented areas; c. Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; d. Agriculture, horticulture, forestry or pasture uses. e. Easements for drainage, access, underground utility lines, etc.; f. Other conservation -oriented uses and/or structures compatible with the purposes of this ordinance; g. Walking or bicycle trails, either existing or proposed; h. Nonstructural stormwater management practices, addressed in Section 11.o6.050. 3. The Conservation Areas shall be depicted on the Preliminary and Final Plats, 4. Management practices shall be defined by the potential use(s) at the time of submittal of the Conservation Open Space Management Plan. B. Restricted Uses of Conservation ®pen Space. The following are prohibited and restricted uses of the Primary and Secondary Conservation Areas, unless the Applicant ORD* eZ009 �M Conservation Subdivision Ordinance Page 6 of 14 demonstrates that these provisions would constitute an unusual hardship and be counter to the purposes of this article, as determined by the Director. 1. Prohibited Uses in Conservation Open Space a. Golf courses; b. Roads, parking lots and impervious surfaces, unless allowed by another provision within Section i1.o6 or for the specific use of maintaining street connectivity; c. Wastewater disposal, except for irrigation use in public parks or roadways; and d. Agricultural activities not conducted according to acceptable Management Practices. 2. Additional Restrictions on Use of Conservation Open Space a. At least 50% of the Conservation Open Space shall be in a contiguous tract. b. The Conservation Open Space should adjoin any neighboring areas of open space, other protected areas, or non -protected natural areas that could be candidates for protected open space in the future. c. A buffer of at least loo feet shall be required between residential structures and agricultural uses unless that use is a tree farm, community garden, orchard or other compatible agricultural use, as determined by the Director. This buffer should consist of trees, native grasses, shrubs and/or a windbreak and can be included in the designated open space. Roads or other types of buffers can be substituted if deemed sufficient by the Director. d. The Conservation Open Space should be directly accessible to the largest practicable number of lots within the subdivision. Non -adjoining lots shall be provided with safe, convenient access to the Open Space. See example diagram below. e. Tree Survey requirements of Section 11.03.020 will be waived for those areas defined as Primary Conservation Open Space. A009m12 Conservation Subdivision Ordinance Page 7 of 14 0 s 85 .w: 1� # i' • i A. Maximum Impervious Cover. Impervious cover shall not exceed 50% of gross property acreage for any use. 1. See Conservation Subdivision Dimensional Standards Table in Section 11.o6.070 for specific lot dimensional standards. 2. All other impervious cover limitations in Section 11.02 shall apply here, except those stated in Table 11.o6.07o and Table 11.o6.071. 3. Dedicated parkland, trails (public or private), streets classified as collectors and arterials on the Thoroughfare Plan, or historical/archaeological structures do not count against the total impervious cover. B. Green resign Bonus, An impervious cover bonus to 55% gross property acreage may be received for "green design" if all building construction satisfies minimum "certified" requirements of U.S. Green Building Council's final adopted LEED guidelines or NAHB Green Building Guidelines, as certified by the buildings' architect and reviewed by the City Building Plans Examiner. Applications seeking certification for green design shall so state. A green design requirement shall be memorialized in a plat note on the MKIMONOW11119 •• • • Page 8 of Preliminary and Final Plats, and shall be a condition in the Conservation Open Space Management Plan. 1 a. 1. ! • :. ..a - A. Detention. To the extent possible, detention ponds shall be designed to manage stormwater within the entire Conservation Subdivision, unless otherwise approved by the City's Development Engineer. 1. All detention ponds shall be designed as an integral part of the landscape, including a slope no greater than 3:1, no concrete except at the outlet and/or the inlet, and no requirement for or installation of barrier fencing. All detention ponds shall be designed to have minimal amount of land disturbance (based on commercially reasonable standards) as a part of its construction. All ponds shall meet all requirements of the City Drainage Manual. 2. If barrier fencing is required, such fencing shall be wrought iron or other decorative fencing and shall be buffered from the street view by planting shrubs and vines that will, at maturity, screen at least sixty percent (6o%) of the view of the fence. B. Water Quality. To the extent possible, water quality ponds shall be designed to manage stormwater within the entire Conservation Subdivision, unless otherwise approved by the City's Development Engineer. All water quality ponds will be designed according to current Texas Commission on Environmental Quality (TCEQ) Standards for a Permanent Best Management Practice. 1. Water quality shall be provided by one or more of the following methods. a. Extended detention basins (only when associated with a wet basin or pond); b. Grassy swales; c. Vegetative filter strips; d. Aqualogic cartridge systems; e. Wet basins; f. Constructed wetlands; or g. Bioretention. 2. All water quality facilities shall be designed as an integral part of the landscape, I ncluding a slope no greater than 3:1, no concrete except at the outlet and/or the inlet, and no requirement for or installation of barrier fencing. All water quality facilities shall be designed to have minimal amount of land disturbance (based on commercially reasonable standards) as a part of its construction. 3. If barrier fencing is required, such fencing shall be wrought iron or other decorative fencing and shall be buffered from the street view by planting shrubs and vines that will, at maturity, screen at least sixty percent (6o%) of the view of the fence. Streets within conservation subdivisions may be constructed to alternate standards than those required in Chapter 12. The neighborhood street network shall form an organized, connected pattern that defines the community both functionally and visibly. Streets shall take the form of two-way streets, two one-way streets separated by a landscaped median, or a residential lane and shall be designed to respect and follow the existing o � Conservation Subdivision Ordinance Page 9 of 14 terrain and natural contours. Streets should, when possible, parallel existing tree lines, minimize construction and grading costs, promote pedestrian movement and minimize crossing of primary conservation areas. Maximum grading can be increased to 12% on local streets, where applicable. In addition, streets should be shorter and narrower than traditional streets to lessen impervious cover and combine gentle curves and grade changes With traffic calming measures for safety purposes. See the Table of standards below. Criteria Alley Residential lane Loo Locai Res. Collector* Major Collector + Minor Arterial Major Arterial Expected ADT <800 <800 >800 >2,500 >12500 >24000 Right -of -Way (minimum feet) 20 50 50 70 u2 136 160 Pavement Widths (f) 15 20 26 feet 33** 44 48 48-72 Traffic Lanes 1 2 1 shared lane 2 2-4 2-4 4-6 Lane Width 15 ft 10 feet 10 feet 10 feet 11 feet 12 feet 12 feet Parking Lanes None None Both sides Both sides Both sides*** None None Design Speed -- 20-25 20-25 20-25 30-35 35-40 35-40 Median Width**** -- -- -- 10 feet 16 feet 24 feet 24 feet Edge Landscaping (both sides (in row)) -- '- -- 6 feet 12 feet 12 feet Sidewalk/Trail None Both Sides Both Sides Both Sides Both Sides Both Sides Both Sides Sidewalk Width -- 5 feet 5 feet 5 feet 8 foot trail***** 8 foot trail 8 foot trail Landscape Easement (min. 1o' wwidth) None Both Sides Both Sides Both Sides Both Sides Both Sides Both Sides Residential• r required to have a 15x6 foot bulb-outparking •: without parking lanes if homes do not front onto it. R.O.W. for these streets would rema at 6 Parking required for2-lane roadways only Edge landscaping and 8' trails can be interchangeable and meanderimr according topography, existing vegetation, slope or desired path. ***** 8 foot trails will be built to hikeibike standards in place of 5 foot sidewalks standar al can carry both #! pedestrian ORDO � Conservation Subdivision Ordinance Page 10 of 14 m J 4 10, 1PAIT, .a.-escaFe� Vfhtf _01-9scaFa' UVIT{ $vc csmt. EC1'v. IS' fE.0 P_ ;o E.O R j �iyrb BOCi GtlS lff fT7P 1 Dpton ..O " Conservation Subdivision Ordinance Page 11 of 14 ti C C 5C' R.O.?t4. C' iMPN-) I I ` SH4Rc ' ?AR�:!W3 I pPkbvNv :.ivHe ( FARv;:NS 1 1 ' Cuano GuRe- L ocal Section Si„ ALENot To Scale 70' fivW1 R O.W IS' fE,C).P_ to E.0,P i',' 7R 7vv =SNc I F Rttdt:5 3' C.Ii-c a?c GLUz! lTv7 Residential Collector Section SCALE: Not To Scale 5 _>resca Fer _ 6' a• 10' { c Yf .:y a: Landssa:e: vMdY.ap': svt E =M"5' Sic Esrrn. 6C'Sr; i.+=D1AM 'iC'Hc' - iP.iay3u: Esme 22" VIN. i_C;.P to E.C.F., ' N',,lN (E0?_ to E OP-� 10' 6` aLiy `V,: Esr.:. I 16` oq';,diN iE toEO.�f WN. ''E. 0 R to E.OP; �• F S i��l is �. t f li' CRIV+N6:Afr_ CRIV'N3 WiE _ SFVI? y L3'dE a%:L,r:,> V.l9E n0]^. Gutter iGti, a^GUCCI ^. l' Y P.; 18' Rtben m¢ or cwt, ane Maior Collector Section SCBE: Not To scare o; a: Landssa:e: 7.4VPL: JS`i.'; Lanffijoe' c1;:,:y st cEsm 'RA•':. !.. DIAN -^AIL aLiy `V,: Esr.:. 16` oq';,diN iE toEO.�f WN. ''E. 0 R to E.OP; �. ;1 V� is�amtl.: t I `Jf?5 -NE DR Wtt'v ti.NE G'>.<N 1tE DHP hG L4a I2' R."..-c:o• =' 6ue aco .. CwC any _-u::er Minor Arterial Section SCALE Noi Tic Scale C) 4 " Conservation Subdivision Ordinance Page 12 of 14 J } COriV: �:i3Yli' CfliiY Zero -Lot 2- "rEi :: CZ112 � Lot/Parcel Area, nein. I acre 10000 4000 4,500 5000 !T 10000 L.3K'SC3 L.:IIf, -YL Sim_yl -- -- f.IEB'.4\ -- 2500 2000 ^�trt 1000 Ii�Cj :iJLE SM1'. t^' 7?' 8' `0 3E` WIN ;E.0 P to EO G.i >; 36 MOL iE C P.:c P.0 P.? 24 Lot width, minimum feet * 6o 50 40 40 50 22 45 40 Front Setback, min. feet 25 15 10 15 10 10 15 15 Side Setback, min. feet 10 10 6 o/6 6 1 6 10 20 Rear Setback, min. feet 20 10 10 7.5 10 10 10 20 Fm eraious Coverage (zoning, max %) 25 55 55 65 55 65 65 65 Building Height, max. Feet 35 35 35 40 35 40 40 6o Ace. Building Height, max. feet 45 15 15 25 15 15 15 15 Required Landscaping, min. % see chapter 8 Perimeter Buffer, min. feet I 1 11 2 ( 12 ( 12 Oft -VINO C Y:NG .P V No I.?vE ixNE t�NE [Atli LANE AI E `-- t8 Rctc ^. C_Ucc _ Uaib mo SJ:ef 4TYP; - IS' Ribbon am w Major Arterial Section SCALE Not To Scile 11111 11111 IFNI 1111111 111111 111 111 11 111111 ... 11, pil 1111,111 111 1111111 Conservation Lot Development Standards establish lot sizes and certain restrictions for all residential and non-residential conservation development within the City of Georgetown. The tables below replace tables 6.02.03o and 6.03.020 in Chapter 6. All other language and sections of Chapter 6 apply here. All properties must comply with the Impervious Cover Limitations established in Section 11.02, except those stated in the Table below. Standard COriV: �:i3Yli' CfliiY Zero -Lot 2- "rEi :: CZ112 Apt*lineF&ill Lot/Parcel Area, nein. I acre 10000 4000 4,500 5000 12000 10000 1 12000 Area per Dwelling, min. -- -- - -- 2500 2000 2500 1000 Units per Structure, max. -- -- -- -- 2 6 4 24 Lot width, minimum feet * 6o 50 40 40 50 22 45 40 Front Setback, min. feet 25 15 10 15 10 10 15 15 Side Setback, min. feet 10 10 6 o/6 6 1 6 10 20 Rear Setback, min. feet 20 10 10 7.5 10 10 10 20 Fm eraious Coverage (zoning, max %) 25 55 55 65 55 65 65 65 Building Height, max. Feet 35 35 35 40 35 40 40 6o Ace. Building Height, max. feet 45 15 15 25 15 15 15 15 Required Landscaping, min. % see chapter 8 Perimeter Buffer, min. feet *Minimum lot widths on cul-de-sac lots may be reduced between 25 feet and 50 feet at the front property line provided that the minimum required lot width is provided at the front setback line. **Side setbacks may be reduced to less than 6 feet, subject to required minimum fire flow. Conservation Subdivision Ordinance Page 13 of 14 Standard C -N -x-3 OF ! BP MT IN 'i Lot Area, minimum i0000 SF -- -- -- 5 acres -- Lot Width, minimum feet 50 -- -- -- -- - Front Setback, min. feet 20 -- 25 25 50 35 Required Front Build -to Line 15% 15% -- 15% -- -- Side Setback, min. feet 10 4 10 10 20 n/a 20 Rear Setback, min. feet 20 0 10 10 20 20' Im envious Coverage, max % } 65 8o 8o 85 70 95 Building Height, max. feet 25 35 45 45 6o 6o Required Landscaping, min. % 15 15 15 20 35 15 Perimeter Buffer, min, feet 10 0 25 15 20 30 SECTION 4. Definitions related to this ordinance, attached as Exhibit A, are to be inserted into Chapter 16 of the Unified Development Code. SECTION 5. This Ordinance shall become effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 26tn day of February PASSED AND APPROVED on Second Reading on the 11tt, day of March, 2008. ATTEST: Sandra D. Lee City Secretary Approved as to Form: THE CITY OF GEORGETOWN Garyv elon, Mayor ,t 9e IC � a a Patricia E. Carls, Carls, McDonald and Dalrymple City Attorney 0 RD . a0c)?�1 Conservation Subdivision Ordinance Page 14 of 14 Exhibit A l _ s Best Management Practices - schedules of activities, maintenance procedures, and other management practices to prevent or reduce the pollution of water in the state from point and non -point sources, to the maximum extent practicable. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Conservation Development - development that groups new structures onto a portion of the development parcel, so that the remainder can be preserved as unbuilt open space. Conservation Easement - a legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property. The easement spells out the rights the landowner retains and the restrictions on use of the property. Each of these rights and restrictions is negotiated between the landowner and the conservation organization holding the easement. Conservation Open Space - open space within a conservation subdivision is the portion of the conservation subdivision that has been set aside for permanent protection. Endangered or Threatened Species - refers to species that are "in danger of extinction within the foreseeable future throughout all or a significant portion of its range," while threatened refers to "those animals and plants likely to become endangered within the foreseeable future throughout all or a significant portion of their ranges," as defined in the Endangered Species Act of 1073. Hardship - privation; suffering; state of misfortune or affliction. Intermittent Stream - a stream that has a period of zero flow for at least one week during most years. Where flow records are available, a stream with a flow of less than 0.1 ft3/s is considered intermittent. Karst - a type of topography that is formed over limestone, dolomite or gypsum by solution of the rock and is characterized by closed depressions or sinkholes, caves and underground drainage. Natural Vegetative Buffer - an area of either natural or native vegetation that buffers a water body from terrestrial runoff and the activities of humans. In natural areas, it may be much greater than the riparian zone width. In human -altered settings, the natural vegetative buffer limit would be at the point of human influence in the riparian zone such as a road, parking lot, Exhibit A pasture, or field of crops. It is the width of this buffer that we are most interested in measuring for purposes of quantifying potential stream impairments. onstructural Stormwater Management Practice. Any natural or planted vegetation other nonstructural component of the stormwater management plan that provides enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and green space overland flow filtration areas, natural depression, and vegetated channels. Primary Conservation Areas - Open space areas that contain features which are required to be part of the conservation open space, such as wetlands, endangered species habitat, etc. Riparian Zone - generally includes the area of the stream bank and out onto the flood plain that is periodically inundated by the flood waters from the stream. The limit of the zone depends on many factors including native plant community make up, soil moisture levels, and distance from the stream (or the limit of interaction between land and stream processes). It is periodically inundated by the flood waters from the stream. Interaction between this terrestrial zone and the stream is vital for the health of the stream. Secondary Conservation Areas - Open space areas that contain features which are encouraged but optional for inclusion into the conservation space. Septic System - A septic system is used to dispose of human sanitary waste or effluent from dwellings, businesses, community centers or other places where people congregate. They include a septic tank and a subsurface fluid distribution system. The UIC requirements do not apply to single family residential septic systems nor to non-residential septic systems which are used solely for the disposal of sanity waste and have the capacity to serve fewer than 20 people a day. Wetland - those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.