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Article 11 — Subdivisions and Land Development, Chapter 11-14 — CONSERVATION SUBDIVISIONS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ 11-14-1

Purpose

The purpose of conservation subdivisions is to provide flexibility of design to promote sustainable development of land in portions of the City of Gainesville already zoned for residential use. It permits the clustering of houses and structures on less environmentally sensitive lands which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development. Appropriate use of Conservation Subdivisions can also:

(a)Provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure,

(b)Preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat, and

(c)Reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

§ 11-14-2

Applicability

This conservation subdivision option is available in the Residential Zoning Districts as a use by right. The applicant shall comply with all other provisions of the Unified Land Development Code and all other applicable laws, except those that are incompatible with the provisions contained herein.

§ 11-14-3

Housing Density Determination

The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, at the discretion of the Director of Community and Economic Development:

(a)Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

(1)Slopes over 25% of at least 5,000 square feet contiguous area;

(2)The 100-year administrative floodplain;

(3)Bodies of open water over 5,000 square feet contiguous area;

(4)Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or,

(5)Anticipated right-of-way needs for roads and utilities.

(b)Yield Plan. The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

§ 11-14-4

Standards to Determine Open Space

(a)The minimum restricted open space shall comprise at least 40% of the gross tract area.

(b)The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this chapter:

(1)The administrative 100-year floodplain;

(2)A total stream buffer protection zone of at least 75 feet in width along all streams which includes a 50-foot stream protection buffer and a 25-foot stream buffer setback;

(3)Slopes above 25% of at least 5,000 square feet contiguous area; Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

(4)Populations of endangered or threatened species, or habitat for such species; and

(5)Archaeological sites, cemeteries and burial grounds.

(c)The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible.

(1)Important historic sites;

(2)Existing healthy, native forests of at least 1 acre of contiguous area;

(3)Individual existing healthy trees greater than 8 inches caliper, as measured from their outermost drip line;

(4)Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

(5)Prime agricultural lands of at least 5 acres of contiguous area; and

(6)Existing trails that connect the tract to neighboring areas.

(d)Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40% minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

(e)At least 75% of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

(f)The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

§ 11-14-5

Permitted Uses of Open Space

Uses of open space may include the following:

(a)Conservation of natural, archeological or historical resources;

(b)Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

(c)Walking or bicycle trails, provided they are constructed of porous paving materials;

(d)Passive recreation areas;

(e)Active recreation areas, provided that they are limited to no more than 10% of the total open space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space;

(f)Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

(g)Nonstructural stormwater management practices;

(h)Easements for drainage, access, and underground utility lines; or

(i)Other conservation-oriented uses compatible with the purposes of this Unified Land Development Code.

§ 11-14-6

Prohibited Uses of Open Space

Uses of open space shall not include the following:

(a)Golf courses;

(b)Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

(c)Agricultural and forestry activities not conducted according to accepted Best Management Practices; and,

(d)Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

§ 11-14-7

Ownership and Management of Open Space

(a)Ownership of open space. The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a Homeowners Association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors.

If a Homeowners Association is the owner, the Homeowners’ Association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

(b)Maintenance of open space. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, City of Gainesville may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance.

The costs of such maintenance may be charged to the owner, Homeowner’s Association, or to the individual property owners that make up the Homeowner’s Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. Should the Homeowner’s Association go defunct responsibility falls to the actual homeowners.

§ 11-14-8

Legal Instrument for Permanent Protection

Open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

(a)A permanent conservation easement in favor of either: 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 retransfer in the event the organization becomes unable to carry out its functions; or 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 of Gainesville, then a third right of enforcement favoring City of Gainesville shall be included in the easement;

(b)A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or,

(c)An equivalent legal tool that provides permanent protection, if approved by the City of Gainesville.

The instrument for permanent protection shall include clear restrictions on the use of open space. These restrictions shall include all restrictions contained in this chapter, as well as any further restrictions the applicant chooses to place on the use of the open space.

§ 11-14-9

Conservation Subdivision Application Requirements

(a)Site Analysis Map Required. Concurrent with the submission of a site concept plan, Applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this article. The preliminary site plan shall include the following features:

(1)Property boundaries;

(2)All streams, rivers, lakes, wetlands and other hydrologic features;

(3)Topographic contours of no less than 10-foot intervals;

(4)All Primary and Secondary Conservation Areas labeled by type, as described in this Chapter;

(5)General vegetation characteristics;

(6)General soil types;

(7)The planned location of protected open space;

(8)Existing roads and structures; and,

(9)Potential connections with existing greenspace and trails.

(b)Open Space Management Plan Required. An open space management plan, as described in this chapter, shall be prepared and submitted prior to the issuance of a land development permit. Said plan shall:

(1)Allocate responsibility and guidelines for the maintenance and operation of the Open Space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

(2)Estimate the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outline the means by which such funding will be obtained or provided;

(3)Provide that any changes to the Plan be approved by the City Council; and

(4)Provide for enforcement of the management plan.

(c)Instrument of Permanent Protection Required. An instrument of permanent protection, as described by this Chapter, shall be placed on the open space concurrent with the issuance of a land disturbance permit.

(d)Other Requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning.