§ 35-203. Conservation Subdivision.
STATEMENT OF PURPOSE
Conventional subdivisions typically produce little open space except floodplains and steep slopes. Common open space areas in conventional subdivisions is often unusable or is devoted only to specific purposes, such as golf courses. Most open space in conventional subdivisions is contained in private yards with no common access or maintenance. Further, private open space typically involves lawns and landscaping which require heavy maintenance and water demands. Accordingly, the purpose of this section is to provide flexibility in site design in order to allow developers to preserve common open space and natural resources. The specific purposes of this section are:
• To protect the public health, safety and general welfare by avoiding surface and ground water pollution, contaminated runoff, air quality contamination, and urban heat islands which result from pavement and the clearing of natural vegetation.
• To protect and preserve natural resources such as wetlands, streams, lakes, steep slopes, woodlands, and water recharge areas.
• To reduce infrastructure and housing costs by reducing the engineering and construction costs produced by conventional subdivision design, which generally requires more pavement, wetland crossings, grading of trees and natural areas, and maintenance from lawn and landscaping maintenance.
• To protect property values by allowing open space design features which enhance the marketability of development.
• To provide design flexibility.
• To promote development with urban densities, while preserving soils that are primarily adaptable to other uses such as woodlands, wildlife habitat, and agricultural uses.
The conservation subdivision use pattern implements the following policies of the master plan:
• Natural Resources, Policy 1d: Encourage retention of the 100-year floodplains as natural drainageways without permanent construction, unnecessary straightening, bank clearing or channeling.
• Natural Resources, Sub-Policy 1.1d: Encourage the ecological management of floodplains and promote their use as open space, such as greenways, parks, wildlife habitat, and pedestrian-friendly linkage corridors.
(a)
Applicability. A conservation subdivision may be permitted in the following zoning districts: FR, RP, RE, R-20, RD, R-6, and G. Within the ETJ, landowners have the option to develop consistent with the criteria of this ordinance according to subsection 35-201(b)(2) of this chapter.
(b)
Processing Procedures.
(1)
Generally. A conservation subdivision shall be processed in accordance with the subdivision procedures of this chapter. Variances shall be processed as set forth in subsections (2) and (3), below, except for applications within the Edwards Recharge Zone District (ERZD) or utility conversion districts.
(2)
Variances—Incorporated Areas. Within the incorporated areas of the city:
A.
A variance to the requirements of subsections (c), (d), (f), (l) shall be processed in accordance with section 35-482, Zoning Variances, of this chapter.
B.
A variance to the requirements of subsections (b), (e), (g), (h), (i), (j), (k), (m), (n), and (o) shall be processed in accordance with section 35-483, Subdivision Variances, of this chapter.
(3)
Variances—Extraterritorial Jurisdiction. Within the ETJ, variances shall be processed in accordance with section 35-483, Subdivision Variances, of this chapter.
(4)
Adjusted tract acreage or developable area shall be calculated by deducting the conservation area from the total tract acreage. Per Table 203-1, the by-right density allowed on the total tract shall be allowed on the adjusted tract acreage along with the density bonus allowance for the conservation area. The minimum conservation area shall be no less than forty (40) percent of the total tract area.
(c)
Size and Location of Site.
(1)
A minimum size of twenty (20) acres is required for a conservation subdivision. Should a parcel not be large enough to comply with the minimum open space standards on-site, a conservation area on an adjoining parcel may be dedicated and maintained provided that it is connected to the conservation area on the parcel being developed. The conservation area open space dedication and management requirements in subsection 35-203(j) also apply to the open space on the adjoining property.
(2)
Platted lots shall be located outside of the conservation area, which is protected from development. At least sixty (60) percent of the conservation area shall be contiguous. For the purposes of this section, contiguous includes any conservation area bisected by a local street provided that a pedestrian crosswalk provides access to the conservation area on both sides of the street and the right-of-way area is not included in the calculation of minimum conservation area required.
(3)
Where feasible, the conservation area should adjoin any neighboring areas of conservation area, other protected areas and non-protected natural areas.
(d)
Uses and Density.
(1)
Permitted uses shall be governed by the applicable zoning district regulations, the density provisions of Table 310-1 of this chapter or the requirements of any applicable master development plan in the ETJ.
(2)
The minimum lot size requirements of the zoning district in section 35-310 of this chapter shall not apply to a conservation subdivision.
(3)
Flag lot restrictions in subsection 35-515(h) of this chapter shall not apply to a conservation subdivision.
(4)
Within the city limits, density allowances applicable on the adjusted tract acreage are detailed in Table 203-1 below.
(5)
Direct pedestrian access to the conservation area from all lots not adjoining the conservation area shall be provided through a continuous system of sidewalks and trails. The provisions of this subsection shall not apply to prime farmland or historic, archaeological or cultural features listed on city landmark registries, as they are vulnerable to trampling damage and disturbance.
Table 203-1
FR RP RE/RD R-20 R-6/G Density based on total tract area without allowance 1 dwelling per 25 acres 1 dwelling per 10 acres 1 dwelling per acre 2 dwellings per acre 7 dwellings per acre Example per 100 acres 4 dwellings per 100 acres 10 dwellings per 100 acres 100 dwellings per 100 acres 200 dwellings per 100 acres 700 dwellings per 100 acres Density based on total tract area with allowance at 40% or more conserved .25 dwellings per acre .5 dwellings per acre 1.2 dwellings per acre 2.4 dwellings per acre 7.5 dwellings per acre Example per 100 acres 25 dwellings per 100 acres 50 dwellings per 100 acres 120 dwellings per 100 acres 240 dwellings per 100 acres 750 dwellings per 100 acres Density based on total tract area with allowance at 50% or more conserved 0.5 dwellings per acre 0.75 dwellings per acre 1.4 dwellings per acre 2.8 dwellings per acre 8 dwellings per acre Example per 100 acres 50 dwellings per 100 acres 75 dwellings per 100 acres 140 dwellings per 100 acres 280 dwellings per 100 acres 800 dwellings per 100 acres (e)
Traffic Impact Analysis. A conservation subdivision shall comply with the traffic impact analysis standards of this chapter.
(f)
Lot Layout.
(1)
Alternative Lot Figurations.
A.
A conservation subdivision shall comply with the lot layout standards of this chapter, except as otherwise provided herein.
B.
Lots within a conservation subdivision shall not be subject to the minimum frontage or minimum lot width requirements of the lot and building dimensions table, Table 310-1 of this chapter.
C.
The required conservation area must be directly accessible to the largest practicable number of dwelling units within the development. Non-adjoining lots must be provided with safe, convenient access to a conservation area.
D.
No lot can be farther than a quarter-mile radius from the conservation area. This radius is measured in a straight line from the residential lot line, without regard for street, sidewalk or trail connections, to the nearest point of a conservation area.
E.
Access to the conservation area must be provided either by an abutting street or easement not less than twenty (20) feet in width.
F.
Lots may be arranged in any of the patterns set forth in Table 204-1, as defined in the lot layout standards. In Table 203-2, an "asterisk" indicates that the lot configuration described in column (A) is permitted in the applicable zoning district (columns (B) through (C)), while a dash ("—") indicates that the lot configuration is not permitted.
Table 203-2
(A)
(B)
(C)
Lot Configuration
RP, RE,R-20, RD, FR
R-6, G
Single-Family Detached Homes * * Detached Eyebrow Homes * * Attached Eyebrow Homes — * Detached Patio Homes * * Detached Homes with Shared Driveways * * Detached Homes with Shared Courtyards * * Detached Homes with Commons * * Detached Patio Homes * * Detached "Z" Lot Homes * * Detached Wide-Shallow Lot Homes * * Attached Homes with Private Parking Courts — * Attached Homes with Automobile Courtyards — * Attached Homes with Park Circle — * Stacked Quadrangle Homes — * Stacked and Attached Homes with Parking Courts — * Single-Family Attached and Multi-Family Stacked Homes with Park Square — * Single-Family Attached Homes with Mid-Rise Cluster — * Single-Family Detached and Attached Homes in a Traditional Block — Traditional Neighborhood Cluster Street — * (2)
Definition and Alternative Development Standards. The alternative lot configurations described in subsection (1) hereto shall have the meanings assigned below. Permissible deviations from the dimensional standards set forth in section 35-310 of this chapter are set below for some alternative lot configurations:
(g)
Transportation.
(1)
A conservation subdivision shall comply with the transportation standards of this chapter, unless otherwise provided, and the provisions of this subsection. The design of local streets shall comply with the access to subdivision street standards, as set forth in subsection 35-506(d), Table 506-3 of this chapter. The connectivity index for internal streets (subsection 35-506 (e)) shall not apply to local streets within a conservation subdivision.
(2)
The conservation subdivision shall include a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood Conservation Area system, by complying with the standards set forth herein. All sidewalks shall connect with other sidewalks or with trails, which in turn shall connect to potential areas qualifying as conservation area on adjoining undeveloped parcels or with existing open space on adjoining developed parcels, where applicable.
(3)
Streets shall not cross wetlands or existing slopes equal to or greater than twenty (20) percent. Precautions should be taken on existing slopes fifteen (15) to twenty (20) percent to avoid erosion during construction and after construction is completed.
(h)
Stormwater Management. A conservation subdivision shall comply with the stormwater management standards, Appendix H of this chapter.
(i)
Utilities.
(1)
A conservation subdivision shall comply with the utilities standards, section 35-507 of this chapter, except as provided in subsection (2), below.
(2)
Where permitted by Texas Commission on Environmental Quality "TCEQ" , a conservation subdivision may use a cluster system, as defined in 30 TAC Chapter 331 (which is hereby incorporated by this reference), to dispose of on-site wastewater. The cluster system shall comply with the requirements of 30 TAC Chapter 331 which is hereby incorporated by this reference. The drainfield or absorption area for the cluster system may be located in a conservation area, so long as the location is permitted by the TCEQ (30 TAC chapter 331), the city department of health (chapter 34, article V, division 2 of the City Code) within the incorporated areas of the city, and complies with the following to the extent permitted by state law and the applicable city or county regulations:
A.
The absorption field is an underground drainage field or area for spray application purposes for a disposal system; or
B.
The absorption field is a mound system (as defined in 30 TAC Chapter 331) which is limited to not more than ten (10) percent of the conservation area.
(j)
Conservation Area.
(1)
Preservation of Conservation Area. The minimum percentage of land that shall be designated as permanent conservation area, not to be further subdivided, and protected in perpetuity through at least one (1) of the following legally binding instruments:
A.
Recorded Deed: Fee simple dedication through a deed in perpetuity to a state, county, municipality, or local public agency for the purposes of resource conservation and protection. No dedication of conservation area to the city or county shall be effective, unless the city determines, it is sole discretion that ownership of the conservation area is in the city's best interest, in which case acceptance of such dedication must be made in accordance with such legal documents, conditions, and procedures as approved by the city.
B.
Covenants and Bylaws: Held in common ownership as undivided proportionate interests by the members of a mandatory homeowners' or condominium association. Each member shall share equitably the costs of maintaining, insuring and operating conservation land, and shall be responsible for the implementation of the land management plan. If a mandatory homeowners' or condominium association will own the conservation area, the following provisions, at a minimum shall be included in the bylaws or covenants:
1.
Lien right for maintenance expenses and tax obligations;
2.
Responsibility for the insurance and taxes on the conservation area;
3.
Automatic compulsory membership in the association of all lot purchasers and their successors;
4.
A fair and uniform method of assessment and collection/payment for dues, maintenance, and related costs;
5.
Conditions and timing of transferring control of the association from the developer to the lot owners;
6.
Equal access and right of use to all conservation area for all property owners;
7.
Perpetual and continued maintenance liability for the conservation area;
8.
Filing of all required covenants, declarations and restrictions with the county clerk;
9.
Provision for transfer of ownership to a qualified conservation organization, as defined in Appendix A, in case of the property owners' association dissolving;
10.
Notice of the city's third-party right to enforce its ordinance within the conservation area.
C.
Recorded Easement: A permanent conservation easement in favor of either:
1.
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements in accordance with the State of Texas Natural Resources Code Section 183 - Conservation Easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for transfer to a subsequent qualified conservation organization in the event the organization becomes unable to carry out its functions; or
2.
A governmental entity with an interest in pursuing goals compatible with the purposes of this chapter. If the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement.
(2)
Ownership and Management of Conservation Area.
A.
Ownership of Conservation Area. The applicant must identify the owner of the conservation area who is responsible for maintaining the conservation area and facilities located thereon. If a homeowners' or condominium association is the owner, membership in the association shall be mandatory and automatic for all owners of the subdivision and their successors. If an association is the owner, it shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the conservation area and any facilities located thereon shall be borne by the owner.
B.
Management Plan. Applicant shall submit a plan for management of conservation area that:
1.
Allocates responsibility and guidelines for the maintenance and operation of the areas and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;
2.
Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the conservation area and outlines the means by which such funding will be obtained or provided;
3.
Provides that any changes to the plan be approved by the director; and
4.
Provides for enforcement of the plan. The owner will assure all costs of enforcing the plan. In the case of an association, the bylaws shall enable the association to place liens on the property for non-payment of assessments.
C.
Management Plan Guidelines. The plan shall be developed with the advice and assistance of qualified environmental professionals, such as ecologists, biologists, geologists, archeologists, and historic preservation experts to provide for the long-term management of the conservation area. The plan shall identify goals and objectives for planned land management activities for the areas. The plan shall provide the following minimum requirements, in addition to those cited in subsection 35-203(j)(2)B.:
1.
Agricultural Land. For all land within the conservation area to be maintained in agricultural use, the plan shall describe activities or practices that will be implemented which are consistent with United States Department of Agriculture National Conservation Practice Standards (Texas). The plan shall address the current agricultural use and make provision for maintaining or enhancing future agricultural use.
2.
Significant Wildlife Habitat Areas. For all land within the conservation area considered significant wildlife habitat the plan shall describe activities or practices that address at least three (3) of the following: habitat control, erosion control, predator control, providing supplemental supplies of water, providing supplemental supplies of food, providing shelter, making wildlife census counts for non-threatened or endangered species habitat (Guidelines for Qualification of Agricultural Land in Wildlife Management Use, Texas Comptroller of Public Accounts Publication No. 96-354) or as prescribed by a Texas Parks and Wildlife biologist for all endangered or threatened species habitat.
3.
Wetlands, Watershed, and Aquifer Recharge Features. The plan shall identify the federal, state and locally regulated water resources and describe how permitting approaches, activities, or management practices will ensure compliance with regulations.
4.
Historic, Archeological or Cultural Features. The plan shall provide activities or practices which are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Preservation, Rehabilitation, Restoration, Reconstruction) and the Texas Antiquities Code for sustaining federal, state and locally significant archeological sites and historic structures or properties and shall be coordinated with the Texas Historical Commission, when applicable, and office of historic preservation and any local county or city historical commissions or boards.
5.
Scenic Views. The plan shall identify scenic viewing locations/areas and their associated views and propose guidelines to assure they do not become obstructed by development. The plan shall also describe management practices to maintain the scenic views including tree pruning and vegetation clearing.
6.
Woodlands. The plan must identify resources to be conserved and a description of management activities based on the ecology of the woodlands, including but not limited to pruning, thinning, debris removal, pest and disease control, invasive species removal, and diversity of tree species (Reference: Forest Stewardship Council - U.S. Forest Standard v. 1.0).
7.
Slopes. The plan must include a description of management activities based on the ecology of the steep slopes. All methods of erosion control may be considered, including seeding, mulching, revegetation or reforestation, erosion control blankets or wattles, or drainage dispersion using swales and dikes. Moderate slopes of fifteen (15) to twenty (20) percent should also be identified as sensitive development areas and precautions taken to avoid erosion during construction and after the development is completed.
8.
Golf Courses. Per subsection 35-203(j)(3)L., golf course fairways and greens are not considered passive recreation, however, areas within a golf course which are not fairways, greens or other actively managed areas of the golf course and meet the requirements for conservation areas outlined in subsection 35-203(j)(3) may be considered conservation area. However, if a golf course is planned for the subdivision, a management plan must identify management activities which will ensure that fifty (50) percent of all irrigation water is recycled or municipal reclaimed water. In addition, the plan must describe management practices to promote environmentally responsible operation and maintenance of the golf course consistent with the U.S. Golf Association guidance (Audubon International Environmental Management Practices for Golf Courses).
9.
Stormwater Management Practices. The plan must address the activities necessary to properly operate and maintain all stormwater management practices utilized on site, within the conservation areas or elsewhere. Requirements for these activities can be found at section 35-210 of this chapter.
10.
Management Area Access Roads. If any of the activities described in this section require vehicular access, the management plan shall describe how unpaved access roads will be developed and maintained to minimize impacts.
D.
Failure to Maintain. In the event the party responsible for maintenance of the conservation area fails to maintain all or any portion in reasonable order and condition, the city may enter the premises and take corrective action. The costs of such action shall be charged to the owner and may include administrative costs and penalties. The parks and open space standards relating to maintenance, section 35-503 of this chapter shall apply to a conservation subdivision.
(3)
Conservation Area. A minimum of forty (40) percent of the total tract area shall be designated as conservation area. The following areas qualify as conservation area, provided that the stream network buffering described in subsections 35-203(j)(3)E.1. through 35-203(j)(3)E.3. does not exceed fifty (50) percent of the conservation area:
A.
Wetlands;
B.
Woodlands as well as trees identified as necessary for preservation in the section 35-523 of this chapter.
C.
Sensitive aquifer recharge features;
D.
High infiltration or highly erodible soils as defined in section 35-210(j)(1) of this chapter.
E.
Stream network buffering:
1.
All of the floodway and flood fringe within the 100-year floodplain, as shown on official FEMA maps;
2.
All areas within one hundred (100) feet of the edge of the 100-year floodplain as delineated on the official FEMA maps and any letter of map revision;
3.
All areas designated as floodplain preservation areas or floodplain buffer zones in City Code, chapter 34, section 34-912 or 34-913.
4.
A buffer width a minimum average width measured from the top of bank of the stream and determined based on the slope of the streamside area in accordance with the table found in City Code, chapter 34, section 34-913 for all perennial streams or intermittent streams with a drainage area of greater than one hundred (100) acres. In all cases, a twenty-five (25) feet wide streamside zone must be preserved. To reduce fragmentation, no more than ten (10) percent of the buffer can be less than thirty-three (33) feet wide;
5.
A buffer with minimum average width of fifty (50) feet from the top of bank of any perennial, intermittent streams with a drainage area of less than one hundred (100) acres or ephemeral streams draining more than forty (40) acres. In all cases, a twenty-five (25) feet wide streamside zone must be preserved and to reduce fragmentation, no more than ten (10) percent of the buffer can be less than thirty-three (33) feet wide;
6.
All areas within twenty five (25) feet of the top of bank of any ephemeral stream draining less than forty (40) acres; or
F.
Slopes exceeding fifteen (15) percent. Seventy-five (75) percent of all areas conserved due to slopes exceeding fifteen (15) percent will count as conservation area.
G.
Significant wildlife habitat areas that propagate a sustaining breeding, migrating or wintering population of indigenous wild animals, or state or federal threatened, protected and endangered plant or animal species.
H.
Historic, archaeological or cultural features listed (or eligible to be listed) on national, state, or city registers or inventories.
I.
Agricultural land, including farmland or ranchland that is currently and principally devoted to agricultural use to the degree of intensity typical for the area and has been used for agriculture for at least five (5) of the preceding seven (7) years;
J.
Scenic views into the property from existing public roads, key access points, public amenities, and historic, archaeological or cultural features described in subsection 35-203(j)(3)H. above.
K.
Stormwater management features, including LID BMPs, stormwater ponds, and basins and the areas which drain to LID features, excluding impervious surfaces.
L.
Up to five (5) percent of a conservation area or five (5) acres (whichever is less) may be comprised of open air active recreation activities to include but not be limited to sports playing fields, tennis courts, swimming pools, fishing and boating piers, archery ranges, basketball courts, volley ball courts, picnic tables, barbeque grills, unpaved trails, exercise stations, kiosks or pavilions, and provided that such activities do not disturb historic, archaeological or cultural features listed (or eligible to be listed) on national, state, or city registers or inventories. Golf course greens and fairways are not approved alternative uses of conservation areas. The sites for these activities shall be designed in accordance with table 503-4 of this chapter.
The conservation area shall be deducted from the total parcel acreage to produce the "adjusted tract acreage". Per table 203-1, the by-right density allowed on the total tract shall be allowed on the adjusted tract acreage along with the density bonus allowance for the conservation area. If the tract does not include sufficient areas to reach the minimum set-aside requirement established herein, additional areas not listed above shall be deducted from the total parcel acreage in order to meet the forty (40) percent preservation requirement, unless conservation area is dedicated on an adjoining parcel.
(4)
Alternative Uses of Conservation Areas. Land within the rights-of-way of below and above-ground utilities or high-tension power lines may be located in the conservation area, but shall not be counted toward the minimum required conservation area.
(5)
Prohibited Uses in Conservation Area.
A.
Paved roads, parking lots and impervious surfaces, except as specifically authorized in subsection 35-203(j)(4) above;
B.
Exploration or extraction of minerals and hydrocarbons by any surface mining method or other method that may substantially impair or interfere with the values of the conservation area.
C.
Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.
(6)
Connectivity. Conservation areas, to the greatest extent feasible, shall abut existing open space land or conservation areas established on adjacent parcels, including open space located in other subdivisions, public parks, or properties owned by or leased to private land conservation organizations.
(7)
Required Parkland. The provisions of subsection 35-503(b) of this chapter shall not apply to conservation subdivisions.
(k)
Natural Resource Protection. A conservation subdivision shall comply with the natural resource protection standards of this chapter. In addition, the conservation subdivision shall comply with the following standards:
(1)
No conservation area shall be cleared, graded, filled, or subject to construction provided, however, that rights-of-way for trails (see transportation standards); any streets needed to provide access to the proposed subdivision; and water, sewer, electric, or cable lines may be cleared, or other activities specifically authorized in subsection 35-203(j)(4) above. The width of rights-of-way for streets or trails shall be restricted to the minimum as designated in the transportation standards in subsection 35-506(d) of this chapter.
(2)
No building footprint may be planned on highly erodible soils with slopes exceeding twenty (20) percent.
(l)
Buffers, Screening, Landscaping, and Streetscape Planting. A conservation subdivision shall comply with the landscaping, screening buffering, and streetscape planting standards of this chapter, with the following exceptions:
(1)
Local streets, lanes, alleys, and trails within a residential conservation subdivision shall be exempt from streetscape planting standards.
(2)
Conservation area shall not require irrigation; however, if irrigation is used, the system must comply with the irrigation standards of this chapter.
(m)
Parking. In order to encourage design flexibility, to preserve open space, and to minimize impervious surfaces, a conservation subdivision shall not be subject to the minimum parking requirements of the parking standards in subsection 35-526(b) of this chapter. A conservation subdivision shall be subject to the maximum parking requirements of the parking standards of this chapter.
(n)
Outdoor Storage. A conservation subdivision shall comply with the outdoor storage standards of this chapter.
(o)
Application Requirements.
(1)
Site Analysis Map Required. Concurrent with the submission of a master development plan or subdivision plat, an applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important baseline site features have been adequately identified prior to the creation of the site design, and that the proposed conservation area will meet the requirements of this article. The site analysis map shall include the following features:
A.
Property boundaries;
B.
All streams, rivers, lakes, wetlands and other hydrologic features;
C.
Topographic contours shall be in compliance with table B101-1 of this chapter;
D.
The planned location of protected conservation area.
E.
Conservation area labeled by criteria type identified with the advice and assistance of qualified environmental professionals, such as ecologists, biologists, geologists, archeologists, and historic preservation experts;
F.
General vegetation characteristics;
G.
General soil types;
H.
Existing roads and structures; and
I.
Potential connections with existing greenspace and trails.
(2)
Conservation Area Management Plan Required. A conservation area management plan shall be prepared and submitted prior to the issuance of a site clearance permit.
(3)
Instrument of Permanent Protection Required. A copy of the recorded instrument of permanent protection, such as a conservation easement or permanent restrictive covenant, shall be placed on the conservation area prior to the issuance of a site clearance permit.
(Ord. No. 96564 § 1; Ord. No. 100126 § 2) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2016-02-18-0107 , § 2, 2-18-16)