[Ord. No. 18-12, 12-11-2018]
These regulations and design standards for conservation subdivisions, as set forth in this Article, shall apply to all conservation subdivisions within the City (see Chapter 402 for definition of conservation subdivision).
[Ord. No. 18-12, 12-11-2018]
A. 
Ownership. Conservation development tracts of land may be held in single or multiple ownership. However, they must be planned, developed and managed as a single entity under a single authority with appropriate powers that is acceptable to the City.
B. 
Site Suitability. The conservation development tract shall be suitable for supporting development in light of environmental conditions, its size and its configuration. This shall be demonstrated on the existing resources and site analysis map, sketch plan, preliminary plat and the final plat.
C. 
Sensitive Area Disturbance. The proposed conservation development design shall strictly minimize disturbance of environmentally sensitive areas as shown on the existing resources and site analysis map (this map is a requirement of the City's subdivision process). Preliminary conservation areas (lands within the 100-year floodplain, any waterway or creek and its appropriate setbacks as defined in Chapter 402) having slopes in excess of twenty-five percent (25%) and/or rock outcroppings constitute such environmentally sensitive areas, where disturbance shall be strictly monitored and minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be a prerequisite to approval of both the preliminary plat and the final plat.
D. 
Land Use Regulations. Land uses, including both permitted and conditional, allowed within any given conservation development are to be determined by the zoning district where the property is located (see Article III of the Zoning Regulations).
[Ord. No. 18-12, 12-11-2018]
A. 
Conservation Subdivision Design Standards. All conservation subdivisions shall incorporate the following design standards:
1. 
Conservation subdivisions shall follow the four-step design process (see Section 410.240(E)(5) of these regulations) that was conducted in the sketch plan process. The primary conservation areas and secondary conservation areas identified in said four-step design process shall become the "greenway lands" of the conservation subdivision.
2. 
No lot shall encroach upon a primary conservation area (see Chapter 402 for definition).
3. 
Lot layout shall respect and avoid to the greatest extent possible all secondary conservation areas (see Chapter 402 for definition).
4. 
All lots shall meet the dimensional requirements of the zoning district where the property is located (see Article III of the Zoning Regulations).
5. 
All lots shall meet the setback requirements of the zoning district where the property is located (see Article III of the Zoning Regulations).
6. 
Views of lots from exterior roads and abutting properties shall be minimized by the use of variations in topography, existing vegetation and/or additional landscaping that meets or exceeds the landscaping requirements of Section 405.250 of the Zoning Regulations.
7. 
Lots shall generally be accessed from interior streets rather than from roads bordering the tract.
8. 
At least one-half (1/2) of the lots within the tract shall directly abut or face the required greenway land (see Chapter 402 for definition).
[Ord. No. 18-12, 12-11-2018]
A. 
Yield Plan. A yield plan is a sketch map-based approach to determine the potential maximum number of dwelling units that could possibly be built on a given property under the City's conventional development dimensional requirements (as found in the City's zoning regulations) as well as all other applicable City regulations. Please note, the purpose of the yield plan is to determine overall potential density for a site only and is not intended to confer any legal or equitable right to any specific number of dwelling units on any given tract of land. Yield plans shall meet the following requirements:
1. 
Yield plans shall be prepared as conceptual layout plans in accordance with the standards of the City of Weldon Spring subdivision regulations, containing proposed lots, streets, rights-of-way and other pertinent features.
2. 
Each lot shall contain at least the minimum area of buildable land that is required for all lots in the conventional development zoning district where the property is located.
3. 
Each lot shall conform to all dimensional requirements of the conventional development zoning district where the property is located.
4. 
Yield plans shall be drawn to scale but do not need to be based on a field survey.
5. 
Yield plans shall depict a lot layout and design reflecting a development pattern that could realistically be developed taking into account the presence of wetlands, floodplains, steep slopes, jurisdictional creeks, existing easements or encumbrances and suitable soils if public sewage disposal will not be provided.
6. 
The density of sites not served by central sewage disposal shall not be less than that mandated by City, State and/or County laws.
7. 
For conservation development, the density shall be calculated by dividing the total area of the development, minus any dedicated street rights of way, by the total number of dwelling units.
8. 
Yield plans shall be approved administratively by City staff (Zoning Commissioner, City Planner and City Engineer). An approved yield plan shall be submitted with all sketch plan applications in order for the application to be considered complete. If the yield plan is denied by City staff, the applicant may appeal to the Planning and Zoning Commission for a recommendation and then to the Board of Aldermen for a final ruling.
[Ord. No. 18-12, 12-11-2018]
A. 
Public Benefit For Density Bonus. In order to further promote conservation development in the City, additional density (i.e., additional dwelling units) shall be granted by the City when one (1) of the following public benefits is proposed:
1. 
Additional Greenway Land Dedication. For every additional three (3) acres of greenway land provided that is above the minimum required greenway land (based on the zoning district where the property is located, see Article III of the Zoning Regulations), one (1) additional dwelling unit may be granted.
2. 
Public Trail Dedication. For every two thousand five hundred (2,500) feet of public use trail with appropriate public access provided, one (1) additional dwelling unit may be granted.
B. 
Maximum Number Of Additional Dwellings. The maximum number of additional dwellings units allowed over what is permitted by the yield plan is to be determined based on a favorable recommendation from the Planning and Zoning Commission and approval by the Board of Aldermen.
[Ord. No. 18-12, 12-11-2018]
The minimum required greenway land that is created and reserved through the City's subdivision process shall be protected through a permanent conservation easement, which shall prohibit future development on the greenway and define the range of permitted activities. A list of greenway land permitted and conditional uses can be found in Section 410.440 of these regulations and all uses must first be determined to be necessary and appropriate by the Board of Aldermen. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails and active recreation facilities or to install subsurface septic disposal systems.) This conservation easement shall be granted to a recognized land trust approved by the City for a minimum of ninety-nine (99) years and shall be subject to the approval of the Board of Aldermen.
[Ord. No. 18-12, 12-11-2018]
A. 
Design Standards For All Greenway Land.
1. 
Greenway lands shall be initially identified by referencing the City's map of potential conservation lands (Figure 3 in the City's Comprehensive Plan) and the property's context map (prepared during the major subdivision process) in order to ensure that an interconnected network of open space will be provided. The required greenway land consists of a mixture of primary conservation areas (see Chapter 402 for definition), all of which must be included and secondary conservation areas (see Chapter 402 for definition), as well as any waterway or creek and its appropriate setbacks as defined in Section 410.590 of these Subdivision Regulations. A complete listing of primary conservation areas and secondary conservation areas, in order of priority, can be found in Section 410.360 of these regulations.
2. 
The minimum amount of required greenway land is based on the zoning district where the property is located (see Article III of the Zoning Regulations.)
3. 
No portion of any building lot may be used for meeting the minimum required greenway land.
4. 
Active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
5. 
Greenway land shall generally remain undivided and wherever possible shall be contiguous and shall be owned by the homeowners' association or shall be owned by a land trust or other conservation organization recognized by the City and approved by the Board of Aldermen. A portion of the land may be owned by a private individual as a conservancy lot (see Chapter 402 for definition) when the land in question contains an historic dwelling or farmhouse as determined by the Board of Aldermen. Ownership options may be combined so that different parts of the greenway land are owned by different entities.
6. 
At least twenty percent (20%) of the tract acreage shall be available for the common use and passive recreation of the subdivision residents.
7. 
Up to five percent (5%) of the total tract acreage may be subject to the City's recreation requirements (see Section 410.630 of the Subdivision Regulations).
8. 
When the proposed development abuts a public park, a natural greenway buffer of a minimum of one hundred fifty (150) feet in width shall be provided along development boundary that abuts the park. No structures shall be constructed within the buffer and no trees or understory shall be cleared, except as necessary for street or trail construction. If the buffer is not vegetated, the Board of Aldermen may require that vegetative screening be planted or that the buffer be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
9. 
Greenway land shall be free of all structures except historic buildings, stone walls and structures related to greenway uses. The Board of Aldermen may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the greenway, provided that such facilities would not be detrimental to the greenway (and that the acreage of lands required for such uses is not credited toward minimum greenway acreage requirements for the tract, unless the above ground area that they occupy is appropriate for passive recreational use).
10. 
Greenway land shall generally not include parcels smaller than three (3) acres and not have a length-to-width ratio of less than 4:1 or be less than seventy-five (75) feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.
11. 
Greenway land shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision.
12. 
Greenway land shall provide buffers to adjoining parks, preserves or other protected lands.
13. 
Except in those cases where part of the greenway is located within private dwelling lots, greenway land shall provide for pedestrian pathways for use by the residents of the subdivision. Public access to trails within the greenway land should be considered and when possible, greenway trails should be linked to other public trail within the City.
14. 
Provisions should be made for access to the greenway lands, as required for land management and emergency purposes.
15. 
Greenway land shall be undivided by public or private streets, except where necessary for proper traffic circulation.
16. 
Greenway land shall be suitably landscaped by retaining existing natural cover and wooded areas and/or be in accord with a landscaping plan in order to protect greenway resources.
17. 
Greenway land shall be consistent with the City's Comprehensive Plan.
B. 
Pedestrian Access Trails. The City may require, in order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least twenty (20) feet in width. Easements shall be indicated on the plat. An appropriate paved area/trail may be required within the easement area at the discretion of the City Planning and Zoning Commission of the Board of Aldermen. Said paved areas/trails shall be a minimum of eight (8) feet wide and shall be constructed of the same materials and to the same thickness as sidewalks as described in Section 410.570. Alternatively, pedestrian access trails may be constructed of five (5) inches of hot-mix asphalt over four (4) inches of compacted aggregate on properly compacted subgrade.
[Ord. No. 18-12, 12-11-2018]
A. 
The following uses are permitted on greenway land areas:
1. 
Conservation of open land in its natural state (for example, woodland, fallow field or meadow).
2. 
Agricultural and horticultural uses, including the cultivation of forest trees and the raising of crops and livestock, shall be permitted only after approval by the Board of Aldermen. If approved, specific language allowing the specific use(s) shall be included in the conservation easement language. Specifically excluded are commercial livestock operations involving swine, poultry, mink and other animals likely to produce highly offensive odors as well as any type of residential dwelling.
3. 
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than three-quarters (3/4) of the minimum required greenway land.
4. 
Passive non-commercial neighborhood open space uses such as village greens, commons, picnic areas, community gardens and similar low impact recreational uses.
5. 
Active non-commercial recreation uses such as playgrounds, playing fields, courts, trails and bikeways as long as they conform to the following standards:
a. 
Areas shall not consume more than one-half (1/2) of the minimum required greenway land or five (5) acres, whichever is less.
b. 
Playing fields, playgrounds and tennis or basketball courts shall not be located within one hundred (100) feet of abutting properties.
c. 
Parking facilities for said areas are permitted and they shall generally be gravel-surfaced, unlighted and properly drained; provide safe ingress and egress; and contain no more than ten (10) parking spaces.
d. 
Specifically excluded active uses such as motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Board of Aldermen.
6. 
Water supply, underground sewage disposal systems and stormwater detention areas designed, landscaped and available for use as an integral part of the greenway.
7. 
Easements for drainage, access, sewer or water lines or other public purposes.
8. 
Above ground street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
[Ord. No. 18-12, 12-11-2018]
A. 
General Restrictions. All greenway land shall be permanently restricted from future development or subdivision through a conservation easement and such restrictions shall be part of the conservation easement.
B. 
Dedication Of Easement To Grantee. The owner shall transfer dedicated conservation easements on the greenway land to a grantee acceptable to the City. The following criteria shall be met:
1. 
Grantee Requirements. The grantee shall be a tax-exempt, non-profit organization which is a qualified organization as defined in 170(h) of the Internal Revenue Code of 1986, as amended, among whose purposes is to preserve, protect and enhance natural, open space, scenic and water areas.
2. 
Grantor To Convey Conservation Easement. Grantor shall absolutely and unconditionally convey to the grantee, its successors and assigns, in perpetuity, a conservation easement as well as a declaration of restrictive covenants with respect to all of the claimed common ground (greenway land). The foregoing shall be done for the exclusive purpose of preserving and protecting the scenic, historic, scientific, educational, natural open space and water resources values of said property.
3. 
Inclusion Of Governing Language. The conservation easement shall include specific language governing the agreement regarding the creation or modification of any improvements, construction or development present on the property or created or modified at any time in the future. Such language shall be binding on the grantor, the grantee and any subsequent owners.
4. 
Taxes And Maintenance. The grantor and its successors and assigns shall pay all real estate taxes or assessments levied by the proper authorities on the property and agrees to hold the grantee harmless from any responsibility for maintaining the property except for damage caused by the grantee or grantees.
5. 
Transfer of Grantee's Interest. The grantee may assign or transfer its interest in this conservation easement, including its rights and obligations, only if the following three (3) requirements are met:
a. 
The approval of the grantor and the approval of all other grantees,
b. 
The transferor, as a condition to the subsequent transfer, requires that the conservation purposes set forth in the governing language are carried out completely and that the transferee will comply with the terms of the conservation easement, and
c. 
The transferee organization is a qualified organization (see Section 410.450(B)(1) above).
6. 
Transfer Of Grantee's Interest. A grantee may assign or transfer its interest in this conservation easement, including its rights and obligations, only if the following three (3) requirements are met:
a. 
The approval of the grantor and the approval of all other grantees,
b. 
The transferor, as a condition to the subsequent transfer, requires that the conservation purposes set forth in the governing language be carried out and that the transferee will comply with all of the terms of the conservation easement, and
c. 
The transferee is a qualified organization (see Section 410.450(B)(1) above).
7. 
No Merger. The grantee agrees and covenants that should it or any of its successors or assigns acquire the fee simple interest in and to the property, it shall not cause or permit the merger of such fee simple interest and the easement.
8. 
Condemnation. In the event that all or any part of the property shall be taken by condemnation, the easement shall terminate automatically as to property so taken and the grantee shall be entitled to a portion of the proceeds of any condemnation award in an amount equal to the proportionate value of the conservation easement in accordance with United States Treasury regulations of the Internal Revenue Service. All proceeds shall be used in a manner consistent with conservation purposes set forth in the conservation easement language. The conservation easement shall remain in full force and effect with respect to any portion of the property not taken by such condemnation proceedings.
9. 
Extinguishment Of Easement And Distribution Of Proceeds. The parties shall agree that the donation of the conservation easement shall constitute a real property interest, immediately vested in the grantee, with a fair market value that is equal to the proportionate value of the conservation easement at the time of the grant. If, because of a change in conditions, the easement is extinguished, the grantee (or any other holder of said easement), upon a subsequent sale, exchange or involuntary conversion of the property, shall be entitled to a portion of the proceeds equal to that proportionate value of the easement in accordance with United States Treasury regulations of the Internal Revenue Service and such proceeds shall be used in a manner consistent with the conservation purposes set forth in the easement language. For purposes of this paragraph (and the immediately preceding paragraph), proceeds shall not include an amount equal to the fair market value of any improvements on the conservation easement areas affected by a condemnation or judicial action, which were not included in the calculations by which the proportionate fair market value of the easement was established.
10. 
Easement In Perpetuity. The easement shall be a burden upon and shall run with the title to the property as a binding servitude in perpetuity and cannot be abrogated.
11. 
Maintenance Agreement. A written maintenance agreement acceptable to all parties and approved by the Missouri Department of Conservation and the City shall be adopted.
C. 
Dedication Of Easements To The City. The City may, but shall not be required to, accept easements within the greenway that are designated for public use. If there is a facility involved, the facility shall remain in the ownership of the homeowners' association or land trust, while the underlying easement is held by the City. In addition, the following regulations shall apply:
1. 
There shall be no cost for acquisition by the City.
2. 
Any such easements for public use shall be accessible to the residents of the City and must include appropriate infrastructure such as parking.
3. 
A maintenance agreement for the easement between the owner and the City shall be adopted.
D. 
Non-Common Private Ownership. Up to fifty percent (50%) of the required greenway land may be included within one (1) or more large "conservancy lots" of at least ten (10) acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in Section 405.170 of the Zoning Regulations and that the grantee of the conservation easement is given the power to enforce these restrictions.
E. 
Homeowners' Association (For Single- And Multi-Family Residential Uses). Common grounds and facilities such as village greens, playing fields, trails and community gardens may be held in common ownership by a homeowners' association. Conservancy lots (see Chapter 402 for definition), however, shall not be held in common ownership by a homeowners' association. The land within a subdivision that is located within an individual house lot shall not be held in common ownership by a homeowners' association either. In addition, the following regulations shall be met:
1. 
The applicant shall provide the City with a description of the organization of the proposed homeowners' association, including its bylaws and all documents governing ownership, maintenance and use restrictions for common grounds and facilities.
2. 
The proposed homeowners' association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
3. 
Membership in the homeowners' association shall be automatic and mandatory for all purchasers of dwelling units therein as well as their successors in title.
4. 
The homeowners' association shall be responsible for maintenance and insurance of common grounds and facilities.
5. 
The homeowners' association bylaws and covenants shall contain language allowing the homeowners' association to levy such fees, dues and assessments as shall be required to pay for all taxes, maintenance and other costs as may be borne by the homeowners' association for the maintenance and upkeep of all greenway land or other commonly owned property. The homeowners' association covenants shall further stipulate a requirement for filing appropriate liens on the property of any homeowner for non-payment of any fees, dues or assessments. Such dues shall be paid in full, including the accrued interest, before the lien may be released.
6. 
Written notice of any proposed transfer of common grounds or facilities by the association or the assumption of maintenance for common grounds and facilities must be given to all members of the homeowners' association and to the municipality no less than thirty (30) days prior to such event.
7. 
The homeowners' association shall have adequate staff to administer, maintain and operate such common grounds and facilities.
F. 
Endowment For Greenway Maintenance.
1. 
The applicant shall establish an endowment for the sole purpose of providing permanent funding to pay for greenway land maintenance (which could include activities such as mowing, removing invasive plants and paying insurance premiums and City taxes).
2. 
The applicant shall establish a "Greenway Maintenance Endowment Fund" for the greenway land within the subdivision. This fund shall be transferred by the developer to the designated entity that will have the maintenance responsibilities at the time this entity is created.
3. 
Spending from this endowment fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of five percent (5%), the amount designated for the endowment fund shall be at least twenty (20) times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm or organization acceptable to the City and with experience in managing conservation land and recreational facilities.
G. 
Greenway Maintenance Plan.
1. 
Unless otherwise agreed to by the Board of Aldermen, the cost and responsibility of maintaining greenway land and common ground and facilities shall be the responsibility of the homeowners' association or the private landowner.
2. 
The applicant, at the time of preliminary plat/Area Plan submission, shall provide a plan for maintenance of greenway land and operation of common ground and facilities in accordance with the following requirements:
a. 
The plan shall define ownership;
b. 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadows, pastures, croplands, woodlands, etc.);
c. 
The plan shall estimate staffing needs, insurance requirements and associated costs and define the means for funding the maintenance of the greenway land and operation of any common ground and facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
d. 
At the City's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common grounds and facilities for up to one (1) year; and
e. 
Any changes to the maintenance plan shall be approved by the owner of the conservation easement.
3. 
The greenway maintenance plan shall be prepared by a licensed landscape architect and approved by the City, the Missouri Department of Conservation and the land trust or holder of the conservation easement. City approval shall be by the Board of Aldermen upon favorable recommendation by the Planning and Zoning Commission.
4. 
In the event that the organization established to maintain the greenway land and the common ground and facilities, or any successor organization thereto, fails to maintain all or any portion of the greenway land in reasonable order and condition, the City may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended; and the City may also seek to recover any costs along with any legal fees from the homeowners' association and/or the property owners. The City may enter the property and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the development owner, land trust, homeowners' association or individual property owners who make up a condominium or homeowners' association and may include administrative and legal costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the City.
5. 
Landscaping shall be required for all proposed conservation developments as provided in Sections 405.250 of the Zoning Regulations. Additionally, landscaping should incorporate the use of native plant species that provide deep root systems and promote water detention for all types of plant species, including turf grass. The incorporation of rain gardens is strongly encouraged.