§ 23.6. Greenspace.
"Greenspace" is defined as the undeveloped land resulting from reductions in the minimum size of lots set aside as permanently protected land which may be used as described herein.
23.6-1. Standards to determine greenspace.
A.
The minimum greenspace shall comprise at least 40 percent of the gross tract area.
B.
At least ten percent of the greenspace shall consist of land that is suitable for building, as defined herein.
C.
To the extent practicable, greenspace shall be preserved in larger, contiguous, and connected tracts so as to provide uninterrupted habitat. The greenspace should adjoin any neighboring areas of greenspace, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected greenspace.
23.6-2. Primary conservation areas.
A.
Primary conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as primary conservation areas shall be undisturbed, except as provided herein. Primary conservation areas include:
1.
The 100-year floodplain.
2.
Riparian zones of at least 50-foot width on either side along all perennial and intermittent streams.
3.
Riparian zones of at least 150-foot width on either side of the Etowah River Corridor or the Little River Corridor.
4.
Slopes above 35 percent of at least 5,000 square feet contiguous area.
5.
Wetlands as defined by state and/or federal regulations.
6.
Populations of endangered or threatened species, or habitat for such species.
B.
Value of primary conservation areas. Primary conservation areas form the core of the greenspace to be protected. Because primary conservation areas are sensitive environmental areas, Cherokee County requires such areas be permanently protected through the thoughtful design and protection instruments outlined herein. The total area of land identified as primary conservation areas shall be conserved and protected to the maximum amount and extent physically possible.
23.6-3 Secondary conservation areas.
A.
The following are considered secondary conservation areas and should be protected to the maximum extent feasible.
1.
Important historic sites subject to approval indicating that these structures are compatible with the Cherokee Zoning Regulations.
2.
Existing healthy, native forests of at least one acre contiguous area.
3.
Individual existing healthy trees greater than 14 inches caliper measured at dbh.
4.
Other significant natural features and scenic viewsheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads.
5.
Prime agricultural lands, as defined by the natural resource conservation service, of at least five acres contiguous area.
6.
Existing trails that connect the tract to neighboring areas.
7.
Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article 24 Cemetery Preservation ordinance.
8.
Buffers as outlined in Table 23-3 Minimum Exterior Boundary Buffer.
B.
Value of secondary conservation areas. Secondary conservation areas are those areas within a property which contain other intrinsic qualities of value to the community. Secondary conservation areas are valued as supplemental area to the total conservation area of a conservation design community. To that end, Cherokee County requires secondary conservation areas to be protected to the maximum extent possible after all identified primary conservation areas have been protected.
23.6-4 Reserved.
23.6-5 Permitted uses of greenspace. Uses of greenspace may include the following:
1.
Conservation of natural, archeological, or historical resources;
2.
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;
3.
Walking or bicycle trails, provided they are constructed of permeable materials;
4.
Passive recreation areas, such as open fields;
5.
Landscaped stormwater management facilities, community wastewater disposal systems, provided that such facilities shall be located outside of primary conservation areas;
6.
Other conservation-oriented uses compatible with the purposes of this article;
7.
Community gardens.
23.6-6 Prohibited uses of greenspace. Uses of greenspace may not include the following:
1.
Roads, parking lots, and impervious surfaces, except as specifically authorized in this article;
2.
Agricultural and forestry activities not conducted according to accepted best management practices;
3.
Other activities as prohibited pursuant to a recorded legal instrument providing for permanent protection of the greenspace; and.
4.
Golf courses.
23.6-7 Septic systems, wells, and stormwater management systems. Easements will allow designated greenspace to be used for community sewer system drip lines, wells, and storm water management structures designed to promote on-site infiltration and/or treatment of runoff. Such intrusions shall not be allowed to encroach into an exterior buffer as outlined herein.
23.6-8 Ownership, preservation, and maintenance of greenspace. Greenspace land shall be preserved and maintained solely for the purposes specified in section 23.1. The method for effectuating such preservation and maintenance shall be one of the following:
A.
Establishment of a home owners association (HOA), to own and maintain the land in common for the greenspace purposes intended according to the following provisions:
a.
With their application for a permit to develop a conservation design community, developers will create and submit documentation detailing the minimum requirements and structure for the HOA.
b.
The HOA will maintain, pay taxes, and own the greenspace.
c.
Membership in the HOA is mandatory for all homeowners, and dues are uniform.
d.
The HOA will execute legally enforceable permanent conservation easement as described in section 23.6-9.
e.
It is recommended that at least one member of the HOA should receive training in or be conversant in, wildlife habitat conservation, enhancement, and maintenance.
f.
Each homeowner should be given site-specific information about indigenous habitat and diversity of species.
g.
The HOA shall develop a long-term conservation plan for maintenance of common areas. This plan should include examples of environmentally friendly landscaping techniques for homeowners.
B.
Dedication of legally described and platted "greenspace" to the Cherokee County Board of Commissioners at the discretion of and approval by the Cherokee County Board of Commissioners.
C.
Dedication of legally described and platted "greenspace" to a land trust established in compliance with the requirements of Georgia law and shall be for conservation purposes.
23.6-9 Legal instrument for permanent protection. The greenspace shall be protected in perpetuity by a binding legal instrument which shall be one of the following:
A.
A permanent conservation easement in a form provided by the county, in favor of either:
1.
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; subject to the approval of the board of commissioners, or
2.
A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance, subject to the approval of the board of commissioners.
B.
All legal instruments used to permanently protect conservation areas platted within the conservation design community shall be executed by the owner developer and approved by the county attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the county will record said documents with the clerk of the superior court's office. All fees associated with the recordation of plats and legal instruments will be furnished by the developer of the conservation design community or their agent.
(Ord. No. 2009-Z-001, 9-15-09)