§ 72-547. Conservation subdivisions.

(a)

Standards. Notwithstanding any other provisions of this article, applications for conservation subdivisions meeting the criteria in this section may be processed as provided in this section.

(1)

No minimum acreage for subdivision.

(2)

Maximum 600 lots.

(3)

No minimum lot size.

(4)

No minimum lot width.

(5)

No minimum setbacks.

(6)

Permitted in any zoning classification.

(7)

Minimum 10,000 square feet outside of special flood hazard area for each lot or parcel.

(8)

If permitted by division 4 of this article, new unpaved roads shall be private and shall comply with the design and construction standards in division 4 of this article. New unpaved private roads shall connect to a publicly maintained right-of-way.

(9)

All private roads, whether paved or unpaved, shall have permanent maintenance by the managing entity or homeowner's association as approved in the development plan. The private roads shall be set aside for common ownership and maintenance, which shall be borne by the lot owners using the private road for access. A "notice to future land owners" declaring that the roadway is a private road which is neither dedicated to, nor accepted by Volusia County and that the maintenance of the road is not the responsibility of the county, regardless of use by public service vehicles shall be recorded with the Clerk of the Circuit Court for Volusia County. Said "notice to future land owners" shall be on a form approved by the LDM office prior to final approval, and shall include, at a minimum, the overall legal description, tax parcel number, and property owner, and state the following:

a.

"No governmental agency, including the Government of Volusia County, shall ever be responsible for the maintenance, repair, upkeep, or improvements of any drives, roads, streets, easements, or rights-of-way providing ingress and egress to the property herein conveyed."; and

b.

"It is the responsibility of any future landowner to determine the maintenance responsibility for any access or roadway serving the property, whether or not a property owner's association has been created, and the status of any required association payments."; and

c.

"The approval of the subdivision is not a finding by the county as to the quality, function, and legal right of access to the properties herein, and the county is not responsible to ensure acceptable access for the residents' access and for accessory access including, but not limited to, emergency services, trash pickup, mail delivery, delivery/service vehicles, guests or other invitees."

(10)

At least 60 percent of the gross land area of the proposed subdivision shall be designated as undivided, permanently protected open space, managed for either agriculture or conservation purposes, and on which the underlying development rights of the open space have been severed through a permanent conservation easement. Open space shall be arranged to preserve the function, purpose and integrity of the on-site natural resources to the maximum extent practicable. Lands within the ECO overlay shall be designated as open space as set forth in the smart growth initiative provisions of the Future Land Use Element of the Volusia County Comprehensive Plan. Open space shall be identified as a separate tract on the final plat. Open space shall consist of conservation areas, common open space, and/or active agricultural areas.

a.

Conservation areas. Wetlands, watercourses, water bodies and associated buffers, land within 660 feet of an active bald eagle nest, lands conserved for protection of native or endangered flora, fauna, and habitat, and other selected areas which contain attractive spaces that are unique to the rural character of the site, as determined by the on-site review of the property and agreed to as part of the conceptual development plan. Such lands shall be managed as natural open space and maintained in a natural or restored condition as set forth in the conservation management plan required herein. Boardwalks, walking trails and interpretative signage may be allowed.

b.

Common open space. Open space set aside for passive recreational purposes. These areas may contain accessory buildings and improvements necessary and appropriate for recreational uses and public uses as shown on the development plan, including areas required for stormwater management and septic drainage systems designed to ensure compatibility with the environment.

c.

Active agricultural areas. Improved land used for bona fide agriculture uses subject to best management practices of the Florida Department of Agriculture and Consumer Services, including structures and facilities to support bona-fide agricultural uses.

(11)

The buildable area to support the residential and neighborhood convenience development shall not exceed 40 percent of the gross land area, be confined to areas most suitable for development and designed to define a compact developable footprint. Density shall be calculated based on the underlying zoning. Lots shall be arranged in a compact fashion and are authorized and encouraged to be smaller than typically allowed in the zoning classification. There shall be no minimum or maximum lot size except those that are approved with the overall development plan. The buildable area shall provide a buffer from adjacent property and external roads which averages 100 feet.

(12)

Development that preserves all wetlands and at least 50 percent of the uplands or at least 75 percent of the gross acreage shall be granted a density bonus yield of 25 percent of base yield. In no event shall the bonus yield exceed capacity for existing public infrastructure as measured by concurrency management systems in the land development regulations or § 206 School Planning, Volusia County Charter, unless the school district enters into a capacity enhancement agreement.

(13)

Innovative development practices that are consistent with the purposes of conservation development are strongly recommended. These include, but are not limited to, low impact development, Dark Skies, Water Star, Firewise, US Green Building Council LEED certified development, Florida Green Building Coalition designation or other county approved certifications which promote sustainability, or water neutrality, or for environmental restoration of degraded wetlands or habitat. Provisions of the land development regulations, excluding the provisions of section 72-547, may be waived by DRC to the extent they are in conflict with the above innovated development practices.

(14)

Centralized water and/or sewer may be necessary to meet county public health requirements if individual lots sizes are smaller than required for on-site well and wastewater disposal systems. Buried wastewater disposal systems may be located in improved common open space areas subject to a permanent maintenance easement as approved on the development plan and by the health department.

(15)

Existing vegetation and Florida-friendly vegetation are encouraged to reduce water consumption for irrigation.

(16)

Open space requirements:

a.

Within ECO, all of the wetlands and at least 50 percent of the uplands shall be open space.

b.

Outside of ECO, at least 60 percent of the gross land area shall be open space.

c.

Open space should include conservation areas, selected areas which contain attractive spaces, historical or archaeological sites, scenic vistas or other areas that are unique to the rural character of the site.

(17)

Open space shall be protected by recording a conservation easement with the clerk of the circuit court describing the lands subject to the easement in substantially the form set forth in F.S. § 704.06. The easement shall be held by a state or local jurisdiction, a public conservation agency, or tax exempt conservation organization, qualified under § 170(h)(3) Internal Revenue Code, or combination of the above-described entities. A letter shall be submitted with the application for the conservation subdivision from a qualified entity stating its intent to accept the conservation easement. The easement shall be perpetual, run with the land, and be binding against subsequent purchases or transferees. The underlying fee interest may be held by the applicant, a homeowners' association, the county, or a responsible managing entity, or a third party. The underlying fee interest shall be subject to the easement and the conservation management plan.

(18)

The applicant, the recipient of the conservation easement, or the party retaining the underlying fee interest shall provide a conservation management plan that outlines the uses and long-term management objectives of the land designated as open space and conservation areas and subject to a conservation easement. The management plan shall describe how the natural open space shall be maintained in perpetuity so as to meet the conservation objectives, how adjustments to the management plan may be made to meet changing conditions, and how the cost of maintenance shall be paid. The management plan shall be approved as part of the overall development plan and enforceable within the conservation easement. The management plan shall designate a managing entity, which shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space.

(19)

Nonresidential development:

a.

Will be located in the buildable area and designed to serve the population of the conservation subdivision.

b.

Shall be no greater than three acres.

c.

Shall be limited to 8,500 square feet.

d.

Consist of neighborhood convenience as defined in chapter 20, or otherwise similar classification in accordance with the most recent edition of the North American Industry Classification System (NAICS).

(20)

Additional nonresidential development may be allowed if the sole purpose is to support an eco-tourism or agri-tourism business proposed as part of the conservation subdivision.

(b)

Submittal requirements.

(1)

Applications for conservation subdivisions shall comply with sections 72-539, 72-540 and 72-541. except as provided in this section.

(2)

Separate maintenance covenants shall be submitted with the preliminary plat.

(3)

The applicant may submit to the land development office, without fee, a site analysis map that depicts the following:

a.

Property boundaries and existing parcels;

b.

Topography, using a minimum two-foot contour interval;

c.

Wetlands, as delineated by SJRWMD or Volusia County Environmental Management;

d.

Watercourses and existing water bodies;

e.

100-year FEMA mapped floodplains, Zone A;

f.

Existing rights-of-way and easements;

g.

The location of any active bald eagle nests and other known nesting or burrow sites of species listed for protection by the USFWS or FFWCC;

h.

Approximate location of Environmental Corridor Overlay areas;

i.

Soil boundaries as shown on USDA Natural Resources Conservation Service Medium-Intensity Maps;

j.

The location of significant attractive features such as scenic views into or out from the property, watershed divides and drainage ways, fences, existing structures, roads, tracks and trails;

k.

Historic sites listed on the state master site files.

(4)

After submission of the site analysis map, the applicant and county planning staff may schedule an agreeable time to perform an on-site review of the property, at which time the conservation areas shall be identified.

(5)

At the completion of the on-site visit, the applicant may submit a conceptual development plan, prior to submittal of an overall development plan for preliminary review.

(Ord. No. 2015-02 , § VII, 3-5-15)