HomeMy WebLinkAbout~Master - Conservation Subdivisions ORDINANCE NO. 4042
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY AMENDING SECTION 23.201 FOR THE PURPOSE OF
INCORPORATING DEFINITIONS INTO THE DEFINITION SECTION
AND ENACTING A NEW DIVISION VI,SECTIONS 23.600,23.601,23.602,
23.603,23.604,23.605 THEREOF,FOR THE PURPOSE OF PRESERVING
EXISTING NATURAL FEATURES,PRESERVING NATURAL DRAINAGE
FEATURES AND HYDROLOGIC CHARACTERISTICS,AND REDUCING
IMPACTS OF DEVELOPMENT ON LANDSCAPE; REPEALING ANY
AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT;PROVIDING A PENALTY;AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
amending Section 23.201 and enacting a new Division VI, Sections 23.600,23.601,23.602,23.603,23.604 and 23.605
as follows:
"Sec.23.201. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purposes of the Regulations, have the
meaning herein indicated.
(1) Adequate Public Facilities: Facilities determined by the City Council to be capable of supporting and
servicing specified levels of service for anticipated infrastructure needs in the physical area and with the designated
intensity of a proposed subdivision.
(2) Alley:A public way designed to be used as a secondary means of access to the side or rear of abutting
property whose principal frontage is on some other public way.
(3) Applicant: The owner of land proposed for subdivision or the developer thereof who has written
authority to act on behalf of the owner.
(4) Bikeway:A public way designed to be used for bicycling. 'Bikeway" shall include: any Bike Path,
which is a public way separated from any highway, street or alley and designed for the use of bicycles; and any Bike
Lane,which is a portion of a highway, street, alley or other public way reserved and marked for the exclusive use of
bicycles.
(5) Block:An area of land bounded by streets,or by a combination of streets and public parks,cemeteries,
railroad rights-of-way,exterior boundaries of the subdivision,shorelines of waterways,or corporate boundaries.
(6) BMPs: Best Management Practices.Those practices most appropriate for land management.
(7) Bond:Any form of security including a letter of credit,a cash deposit,surety bond,collateral,property
or instrument of credit in an amount and form satisfactory to the City Council.
(8) Boundary line Adjustment. An adjustment of lot or parcel lines between owners of contiguous
officially platted lots or parcels where no more than the same number of lots or parcels, or fewer numbers of lots or
parcels,exist after the adjustment.
(9) Buffer: Buffers are areas vegetated with native prairie and or woodland plants located next to rivers,
streams,creeks,wetlands,lakes and reservoirs. They protect these water resources from nonpoint source pollution and
provide bank stabilization and aquatic and wildlife habitat. Buffers also minimize development in floodplains and flood
fringes.
(10) Building:Any structure having a roof supported by columns or walls for shelter,support or enclosure
of persons, animals or chattels. Each area of such structure separated by division walls from the ground up without
openings shall be deemed a separate building.
(11) Building Line:A line fixed parallel to the front lot line in front of which lies the front yard and behind
which all buildings or structures must be setback under the terms of the Zoning Ordinance.
(12) Building Official/Zoning Enforcement Officer: The individual appointed by the City Manager who
is responsible for the administration and enforcement of the Zoning Ordinance and Subdivision Regulations of the City.
(13) Central Sewerage System: A private sewer system including collection and treatment facilities
established to serve a new subdivision or re-subdivision that is located outside the corporate boundaries serving the
number of people as specified by the Department of Natural Resources or other appropriate State Agency.
(14) Central Water System:A private water system, including water treatment and distribution facilities,
established to serve a new subdivision or re-subdivision that is located outside the corporate boundaries serving the
number of people as specified by the Department of Natural Resources or other appropriate State Agency.
(15) City: The City of Ames,Iowa.
(16) Cluster Groups: Grouping homes in a development utilizing existing land features to maximize open
space,minimize mass grading and prevent development in environmentally sensitive areas.
(17) Conservation Area: Land within a conservation subdivision that has been dedicated through
conservation easement,reserved, and restricted in perpetuity from further development and is set aside for protecting
environmentally sensitive areas and/or for providing a means for managing stormwater.It shall be substantially free of
structures,but may contain historic structures and archaeological sites as indicated on the approved development plan.
They may include recreational areas such as shared use paths,play fields or community gardens.
(18) Conservation Easement:The grant of a property right or interest from the property owner to a unit of
government or nonprofit conservation organization stipulating that the described land shall remain in its natural,restored,
scenic,open or wooded state,precluding future or additional development.
(19) Conservation Subdivision: A housing development which is characterized by compact and cluster
lots,and dedicated conservation areas where the natural and/or restored features of the land are maintained.
(20) Conveyance Parcel: Any parcel created by the division of land through a deed or contract conveyance,
or any boundary line adjustment of land established through a deed or contract conveyance, initially created or
established without the benefit of City review and approval,which has been assigned a tax parcel number prior to August
4,2009,and which is not a legalized lot as defined in this Chapter.
(21) Dedication: A grant to the City of title to land,without compensation.
(22) Development Envelopes: Areas within which grading,lawns,pavement,buildings and structures will
be located.
(23) Division: An apportionment of an area of land into two or more parts, any of which is less than 40
acres,except apportionments of an area of land that are made for purposes of lease or rental.
(24) Driveway Approach:A vehicle access from private property to a public street or alley.
(25) Easement:The perpetual right to use the land of another for a specified purpose.
(26) Environmentally Sensitive Areas:Areas of land containing prairie,wetlands and/or riparian corridors
and associated protective buffers, floodways, unstable soils, habitat for threatened or endangered species, aquifer
recharge areas,or identified watershed protection areas.
(27) For-Profit Organization: Any corporation or association the purposes or powers of which include
retaining or protecting the natural,scenic or conservation area values of real property,assuring the availability of real
property for prairie, woodland, recreational or conservation areas use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real
property.
(28) Gross Acreage: The total area of a lot,tract,parcel,or other defined area of land,including the area
of perimeter street rights-of-way to the center line of the street.
(29) Highway:A public way designated as a highway by an appropriate,state or federal agency.
(30) Homeowners Association: A community association incorporated or not incorporated, combining
individual homeownership with shared use or ownership of common property or facilities.
(31) Improvement Agreement:A written agreement signed by an Applicant and authorized agents of the
City whereby the Applicant agrees to undertake performance ofthose obligations imposed by the Regulations,or agrees
to undertake additional public facility improvements in exchange for such consideration of development rights as may
be contained in the agreement and as authorized by the City,and containing such other terms and provisions and in such
form as shall be acceptable to the City. Specifically,an Improvement Agreement is to be entered into after approval of
the Preliminary Plat in the event that improvements set forth therein will not be completed before submission of the Final
Plat.
(32) Improvement Guarantee: Any surety provided in accordance with Section 23.409 of the Regulations.
(33) Land Use Policy Plan: The comprehensive plan for the City of Ames,Iowa, as adopted August 26,
1997,and as subsequently amended.
(34) Legalized Lot: Any lot or parcel approved pursuant to the provisions of this Chapter,or as otherwise
legalized under the provisions of Code of Iowa Sections 592.2,592.3 and/or 592.4.
(35) Lot:An area of land designated by number or letter in a plat of subdivision recorded pursuant to the
Regulations,or otherwise recorded with the office of the County Recorder.
(36) Major Subdivision: Any division that is not classified as a Minor Subdivision, Boundary line
Adjustment or conveyance division.
(37) Minor Subdivision:Any subdivision that plats no more than three lots fronting on an existing public
way and does not require construction or extension of any public ways,utilities or other improvements, as set out in
Section 23.301 of the Regulations.
(38) Net Acreage: Gross acreage less all land areas comprising any of the following: public or private
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right-of-way;common open space owned by the City of Ames or by a homeowners'association or similar private entity;
severe slopes where the topography exceeds 10% as determined by the Story County Soil Survey; areas containing
natural resources as identified in the Natural Areas Inventory of the City of Ames dated 1994;areas reserved as outlots
or easements to the City as woodlands,prairies,wetlands,or other native plant communities;stormwater detention areas
and stormwater retention ponds;and areas reserved as outlots or easements to the City to protect natural archaeological
or historic features.
(39) Net Density: Total number of dwelling units divided by net acreage.
(40) Non-profit Conservation Organization:Any charitable corporation,charitable association or charitable
trust (such as a land trust), the purposes or powers of which include retaining or protecting the natural, scenic or
conservation area values of real property, assuring the availability of real property for prairie,woodland,recreational
or conservation areas use,protecting natural resources,maintaining or enhancing air or water quality,or preserving the
historical,architectural,archaeological or cultural aspects of real property.
(41) Outlot:an unbuildable area of land,due to its,size,shape,topography or general location within the
phasing of a subdivision.
(42) Parcel: A part of,an aliquot part of a section,a lot within an official plat,or a government lot. In this
context,the term"parcel"does not mean,and should not be confused with,tax parcels.
(43) Plat of Survey, Official. The graphical representation of a survey of one or more parcels of land,
including a complete and accurate description of each parcel within the plat,prepared and signed by a registered land
surveyor in compliance with Code of Iowa Section 355.7.
(44) Plat of Survey, Proposed. A graphical representation of an existing parcel or tract of land, or of a
proposed division or reconfiguration of an existing lot,parcel or tract of land,prepared in the same format as an Official
Plat of Survey but without the signature of the registered land surveyor.
(45) Preliminary Plat: A plat for a proposed major subdivision prepared and submitted in accordance with
Section 23.13 of the Regulations.
(46) Public Way:A right-of-way used for passage by the public. "Public Way" shall include, but not be
limited to,any highways,streets or alleys.
(47) Retracement Survey. The process of field locating and marking record title boundaries as described
in Code of Iowa Section 355.4.
(48) Right-of-way: A strip of land acquired by reservation,dedication,prescription,or condemnation and
used or intended to be used by specific persons or the public for a specific purpose or purposes. "Right-of-Way"shall
include but not be limited to,any public ways.
(49) Shade Tree: An overstory tree of approved species and size.
(50) Sidewalk:A public way designed and used for walking and located in public right-of-way or public
easements.
(51) Sketch Plan: A plan of land,preparatory to the plat,showing the location of a proposed division of
land, including the general location and dimensions of any proposed streets and other improvements and the general
layout and arrangement of intended land uses,in relation to the surrounding area.
(52) Stormwater Treatment Train: A combination of stormwater management practices that are constructed
or planted to convey, cleanse, and enhance stormwater quality and address quantity before the remaining water is
discharged to receiving waters.
(53) Stream Order: A classification rank, used by the United States Geological Survey and other
hydrological entities, of the relative sizes of streams draining a watershed based on the nature of their tributaries. The
smallest unbranched tributary is first order,the stream receiving the tributary is second order etc.
(54) Street: A public way designed and used for passage of vehicles. "Street"shall not include any alleys
or highways.
(55) Street Classification: All streets shall be classified as one or more of the following,in accordance with
the adopted street classification map:
(a) Street,Arterial: Those streets,which provide for a rapid movement of concentrated volumes
of traffic over relatively long distances, including:
(i) Freeways and Expressways: Streets or highways which include the major interstate
and interregional traffic corridors and provide the highest mobility level and a high degree of access control.
(ii) Principal Arterial: A street intended for the movement of traffic to and from major
traffic generators such as the Downtown or Highway Business areas,the University area,major industrial areas,or as
a route for traffic between communities and that accommodates a high degree of mobility with a high degree of access
control.
(iii) Minor Arterials: Streets intended to collect and distribute traffic in a manner that
is designed to serve low intensity traffic generating areas such as neighborhood commercial areas,education facilities,
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churches or designed to carry traffic from collector streets to principal arterials with a high degree of access control.
(b) Street,Collector: A street intended to move traffic from local streets to arterial streets. These
streets provide for movement at moderate speeds and provide a direct route between activity centers with a lesser degree
of access control than arterial streets.
(c) Street,Local: A street designed for low speeds and low intensity traffic volumes intended
to provide access to private property,and also to move traffic to and from low generating areas to collector and arterial
streets.
(i) Cul-de-Sac: A local street closed at one end with a turn-around.
(ii) Dead-end: A local street with only one vehicular traffic outlet.
(iii) Frontage Road: A local street that parallels and is adjacent to an arterial street,that
is separated from the through traffic on the arterial street.
(56) Structure:Anything designed and constructed for use on,above or below the surface of land or water
and located on land or attached to something located on land. "Structure"includes,but is not limited to,any buildings.
(57) Subdivider: Any person,corporation,partnership,association,individual,firm,trust or agent dividing
or proposing to divide,land.
(58) Subdivision:Any area of land divided or proposed to be divided into two or more lots any of which
are less than 40 acres.
(59) Walkway:A public way designed to be used for walking.
(Ord.No. 4016, 12-8-09)
DIVISION VI
CONSERVATION SUBDIVISIONS
23.600. CONSERVATION DEVELOPMENT FOR SUBDIVISIONS
23.601. APPLICABILITY.
Conservation Design Development is an alternative set of design objectives and standards for residential subdivision
development. These objectives and standards can be used as an alternative to common residential subdivision
development in Ames. However,they shall apply to all residential subdivision development in the undeveloped areas
of Ada Hayden Watershed north of Bloomington Road.
23.602. INTENT.
The intent of Conservation Design Development is to preserve the existing natural features of the site,to preserve the
natural drainage features and hydrologic characteristics of the landscape, and to reduce the impacts of development on
the landscape;and
(1) To maintain and protect in perpetuity Ames area natural character by preserving these important
landscape elements including but not limited to those areas containing unique and environmentally sensitive natural
features as prairie,woodlands,stream buffers and corridors,drainageways,wetlands,floodplains,ridgetops,steep slopes,
critical species habitat,and by setting them aside from development;
(2) To promote interconnected greenways and environmental corridors throughout Ames;
(3) To provide commonly-owned open space and conservation areas for passive and/or active recreational
use by residents of the development and,where specified,the larger community;
(4) To permit various means for owning conservation areas,preserved landscape elements,and to protect
such areas from development in perpetuity;
(5) To provide greater flexibility in site dwellings and other development features than would be permitted
by the application of standard use regulations in order to minimize the disturbance of natural landscape elements and
sensitive areas,scenic quality,and overall aesthetic value of the landscape;
(6) To protect and restore environmentally sensitive areas and biological diversity,minimize disturbance
to existing soils,vegetation,and maintain environmental corridors,and
(7) To preserve significant archaeological sites,historic buildings and their settings.
23.603. GENERAL REQUIREMENTS.
(1) Design and Standards for Residential Lot Layout
(a) All residential units should be in cluster groups unless the site has been designed to preserve
sensitive areas and maintain a stormwater treatment train.
(b) All lots shall take access from interior roads.
(c) All separation areas for residential lots along existing roads shall be landscaped in accordance
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with the conservation area landscaping requirements in Section 23.603(2)(f).
(d) Eighty percent(80%)of residential lots shall abut a conservation area or open space to the
front or rear. Open space and conservation area across a road shall qualify for this requirement.
(e) Cluster groups shall be located to avoid or mitigate directly disturbing existing native prairie,
woodlands,wetlands and other natural features identified in the site inventory of natural resources.
(2) Site Requirements
(a) Open water areas-A 50-foot native vegetative buffer shall be maintained around open water
areas such as ponds and lakes unless a specific common use area is identified.
(b) Stream buffers-Stream buffers with native vegetation shall be maintained along stream areas
using the following requirements based on stream order:
(i) Streams exceeding Yd order and above,the City requires sketches,maps,studies,
engineering reports, tests,profiles, cross-sections, construction plans and specifications to determine adequate buffer
widths.
(ii) Perennial streams(15`and 2"1 order). The total required stream buffer width is one
hundred(100)feet on each side perpendicular to the waterway measured from the outer wet edge of the channel during
base flows.
(iii) Intermittent streams.The total required stream buffer width is fifty(50)feet on each
side perpendicular to the water way measured from the centerline of the channel.
(iv) Waterways and/or dry channels that have a contributing drainage area of fifty(50)
acres or greater. The total required stream buffer width is thirty(30)feet on each side perpendicular to the waterway
measured from the centerline of the waterway.
(v) Waterways and/or dry channels with a contributing drainage area of less than 50
acres. The total required stream buffer width is twenty(20)feet on each side perpendicular to the waterway measured
from the centerline of the waterway.
(c) Stormwater management
(i) Minimize the use of storm sewer piping and maximize the use of swales.
(ii) Use curb cuts in lieu of storm sewer intakes when appropriate to divert street water
to a stormwater conveyance or treatment system.
system. (iii) Sump pump discharge can be discharged into a stormwater conveyance or treatment
(iv) On-site treatment and storage of stormwater generated by the development shall
occur in conservation area if it is consistent with the environmental functions of the conservation area. Individual lot
on-site stormwater management may also be used in conservation subdivisions in conjunction with open space and
conservation area management of stormwater.
(v) Include detailed design information for the stormwater management practices
following the design information provided in the Iowa Stormwater Management Manual. The stormwater treatment train
approach shall be used where appropriate to capture,treat and release stormwater.
(d) Shared use paths,sidewalks,and driveways
(i) An accessible and interconnected shared use path system shall be developed to
connect residential areas with open space/conservation areas within or adjacent to the site.
(ii) Sidewalks shall only be required on one side of streets;however,all lots shall have
direct access to sidewalks or the pathway system.
used. (iii) Typical driveway approach sections,Chapter 7 of SUDAS specifications, shall be
(e) Conservation Area Requirements
(i) The conservation area shall be designated as a Conservation Easement as detailed
in the definition section of this ordinance.
(ii) Applicants mustprovide an explanation ofthe conservation area objectives achieved
with their proposed development and identify the percentage of the total development area that this area occupies.
(iii) All conservation areas shall be part of a larger continuous and integrated system
except for conservation areas that are naturally isolated from other conservation areas on or near the site. For the
purposes of this section,continuous shall be defined as either physically touching or located across a public right-of-way,
for example,on opposite sides of an internal road.
(iv) Conservation areas, in accordance with the Conservation Area Management and
Ownership outlined in Section 23.605,shall protect site features identified in the site natural resources inventory Section
23.604(1)and analysis as having particular value in preserving and/or restoring the natural character and conserving
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natural resources in compliance with the intent of this ordinance and consistent with the goals and objectives of this
ordinance.
(v) Healthy natural features such as woodlands,prairie,wetlands,and streambanks shall
generally be maintained in their natural condition. If recommended by a professional with pertinent qualifications,the
Municipal Engineer may authorize a modification to improve the natural features' appearance or restore the overall
condition and natural processes,in compliance with an approved management plan,as described in Section 23.605.
in conservation areas. (vi) All wetlands,floodways,and/or identified wildlife habitat areas shall be contained
(vii) Conservation areas and open space shall be distributed throughout the development
and combined shall comprise at least twenty-five(25)percent of the total area of the subdivision.An area comprised of
conservation areas and open space greater than twenty-five percent of the total area of the subdivision may be required
if necessary to maintain health features such as woodlands,prairie,wetlands and streambanks in their natural condition
as provided in 23.603(2)(v).
(viii) Safe and convenient pedestrian access and access easements sufficient for
maintenance vehicles shall be provided to conservation areas.
(f) Landscaping for Conservation Subdivisions - A landscaping plan shall be prepared that
identifies all proposed landscaping and conforms to the following:
(i) The preservation of existing native, non-invasive vegetation as identified in the
natural resources inventory Section 23.604(1)as being in good condition and of good quality shall generally be
preferred to the installation of new plant material.
of the site. (ii) Mass grading of sites shall be minimized in order to preserve the natural features
(iii) Within all required separation areas between residential lots and external roads and
site boundaries,existing woodlands with desirable tree species shall be retained.
(iv) All new landscaping in conservation areas to be installed and existing native
vegetation to be preserved shall be protected through conservation easement. Native landscaping shall be installed
according to the guidelines provided in the Iowa Stormwater Management Manual Section 2E-6.
(v) Trees of native species as indicated by the Iowa Department of Natural Resources
and approved by the City shall be planted along internal roads within cluster groups in a total amount equivalent to the
standard subdivision requirements. Trees may be planted,but are not required, along internal roads passing through
conservation areas.
(vi) Informal, irregular, or natural arrangement is required for newly planted trees to
avoid the urban appearance that regular spacing may evoke.
(vii) Trees shall be located so as not to interfere with the installation and maintenance
of utilities, shared use paths,or sidewalks that may parallel the road.
(viii) Within all conservation areas,separation between external roads and residential lots,
a vegetated buffer area at least 25 feet in width shall be maintained or established.Where no natural trees and/or shrubs
exist,native plant materials shall be planted.
(ix) Conservation areas required to meet Section 23.603(l)(d), shall be planted using
native species to enhance privacy and a natural appearance.
(x) Required buffers around wetlands, all water bodies and drainage ways must be
naturally vegetated or planted with native plant species appropriate to the surrounding landscape.
(xi) Buffers consisting of an informal, irregular or natural arrangement of native plant
species, combined with infrequent or prescriptive mowing are required to create a low-maintenance, naturalized
landscape.
(xii) In addition to the above, land management practices minimizing the impact of
nutrients shall be used and demonstrated in Ada Hayden Watershed;minimal fertilization of lawns including the use of
phosphorus-free fertilizers is recommended.
23.604. APPLICATION PROCEDURE.
In addition to the standard subdivision application requirements,an inventory and mapping of natural resources shall
be conducted prior to the initial submittal.
(1) Inventory and Mapping of Natural Resources. An inventory of natural resources of the proposed
development site shall be conducted by experts in the field such as biologists, ecologists, soil scientists,hydrologists,
geologists or those credentialed in a manner acceptable to the Municipal Engineer and must be submitted with the
conservation subdivision application. The inventory must include,but is not limited to the following information mapped
at a scale of no less than one inch equals 50 feet:
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(a) Topographic contours at 2-foot intervals.
(b) United States Department of Agriculture,Natural Resource Conservation Service soil type
locations and identification of soil type characteristics such as percolation rates, suitability for infiltration-based
stormwater management practices,hydric soils, depth to water table, and suitability for wastewater disposal systems if
applicable.
(c) Hydrologic characteristics,including surface water bodies,floodplains,groundwater recharge
and discharge areas,wetlands,natural swales,drainage ways,and slopes 10%or greater.
(d) Land cover on the site including but not limited to prairie, woodland, forest, wetland and
general cover type(pasture,woodland,etc.),and stand-alone trees with a caliper of more than[24]inches measured four
feet off the ground. The inventory shall include comments on the health and condition of the natural resources.
(e) Known critical habitat areas for rare, threatened or endangered species using existing
documented inventories.
(f) Cultural resources shall be identified by a brief description of historic character of buildings
and structures, historically important landscapes, and archeological features using a review of existing, documented
inventories.
(2) Education and Outreach Plan for the Development. An educational plan shall be developed and
distributed to all perspective lot owners that describes the characteristics of the conservation subdivision including the
development concept, conservation areas management practices that will be used to manage these areas,and benefits
of the natural features. They shall also include information on lawn care strategies that reduce nutrient and pesticide
inputs and pollution to local water bodies. Lot owners shall be made aware of the wildlife aspects of a conservation
subdivision. Deer,birds,and other animals and insects will be attracted to the natural areas.
23.605. CONSERVATION AREA MANAGEMENT AND OWNERSHIP.
(1) Conservation Area Management Plan. Every conservation subdivision must include a plan that
provides evidence of a means to properly manage the conservation areas and open space areas in perpetuity through a
conservation easement for conservation areas or common ownership for open space areas and evidence of the long-term
means to properly manage and maintain all common facilities, including any stormwater facilities. The plan shall be
approved by the Municipal Engineer prior to plat approval.
(a) A conservation area management plan shall be submitted with the following components
during the following approval stages:
(2) Preliminary Plat:
(a) Include a conservation area management plan specifically focusing on the long-term
management of conservation areas.The conservation area management plan shall include a narrative,based on the site
analysis required in Section 23.604(1),describing:
the landscape. (i) Existing conditions including all natural,cultural,historic,and scenic elements in
(ii) The proposed completed condition for each conservation area; and the measures
proposed for achieving the end state.
(iii) Proposed restoration measures, including: measures for correcting increasingly
destructive conditions,such as erosion,and measures for restoring habitats,ecosystems,and historic features.
(3) Final Plat:
approval: (a) The conservation area management plan shall include the following items for final plat
(i) Provide a copy of the conservation easement.
(ii) Designate the ownership of the conservation area and common facilities.
(iii) Establish necessary regular and periodic operation and maintenance responsibilities.
(iv) Estimate staffing needs, insurance requirements, and other associated costs and
define the means for funding the same on an on-going basis.
(v) The operations needed for maintaining the stability of the resources, including:
mowing schedules;native vegetation bums;weed control;planting schedules;clearing and cleanup;the applicant shall
be required to provide financial security in a form acceptable to the city for the maintenance and operation costs of
conservation areas for a two-year period of time at time of the plat.
(b) In the event that the organization established to own and maintain the conservation areas,or
any successor organization, fails to maintain all or any portion of the conservation areas in reasonable order and
condition,such notice shall set forth by the Municipal Engineer listing the nature of corrections required and the time
within which the corrections shall be made.Upon failure to comply within the time specified,the organization,or any
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successor organization, shall be considered in violation of this ordinance. In such case the security, if any, may be
forfeited,and any permits may be revoked or suspended.The city may enter the premises and take corrective action.
(i) The costs of corrective action by the City that exceeds the security shall be assessed
against the properties that have the right of benefit of the conservation areas and shall become a lien on said properties.
(c) Management plans can be amended by the owner identified under Section 23.605(6)with the
approval of the Municipal Engineer.
(4) Ownership Alternatives. The designated conservation areas shall be placed in Conservation Easement
and may be owned and managed by one or a combination of the following:
(a) A homeowners association shall be established if the conservation area is proposed to be
owned by a homeowners association. Membership in the association is mandatory for all purchasers of homes in the
development and their successors.
management. (b) A non-profit or for-profit conservation organization that specializes in Iowa native plant
(c) Other entity as approved by City Council.
(5) Ownership&Maintenance Responsibilities. The bylaws,guaranteeing continuing maintenance ofthe
conservation area and the declaration of covenants,conditions and restrictions of the homeowners association shall be
submitted for approval to the City of Ames as part of the information required for the final plat. The bylaws or the
declaration of covenants, conditions and restrictions of the homeowner's association shall contain the following
information:
(a) The legal description of the conservation area;
(b) The restrictions placed upon the use and enjoyment of the conservation areas or facilities;
(c) The homeowners association or third party assigned by the homeowners association entitled
to enforce the restrictions;
(d) A mechanism to assess and enforce the common expenses for the land or facilities including
upkeep and maintenance;
association. (e) The conditions and timing of the transfer of ownership and control of land facilities to the
(6) A For-Profit or Non-profit Conservation Organization. If the conservation area is to be held by a for-
profit or non-profit conservation organization,the organization must be acceptable to the City.The conveyance to the
non-profit or for-profit conservation organization must contain appropriate provisions for reversion in the event that the
organization becomes unwilling or unable to uphold the terms of the conveyance."
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable
as set out by law.
Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 10`'day of August,2010.
lane�RVos�sli,
Clerk Ann H.Campbell,Mayor
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