§ 24-90. Clustered development open space requirements.

Dedicated open space areas within a clustered development project shall be separated from residential parcels and shall comply with the following standards:

A.

Primary Areas Not Suitable for Development. Primary areas shall be avoided and reserved as permanent open space in all instances. Primary areas shall include the following:

1.

One hundred (100) year flood zones unless development is allowed by 24-88.F (Development Standards);

2.

Wetlands, riparian areas and other sensitive biological habitats;

3.

Unstable slopes; and

4.

Sensitive archaeological sites.

B.

Secondary Areas Not Suitable for Development. The review authority may require that secondary areas or portions of secondary areas be avoided and reserved as permanent open space. Secondary areas shall include the following:

1.

Timber areas;

2.

Scenic areas;

3.

Historic areas;

4.

Deer migration, established fawning and winter range areas;

5.

Areas with a slope of thirty (30) percent or greater; and

6.

Viable/important grazing lands.

C.

Other Areas Not Suitable for Development. Portions of a site that do not qualify as Primary or Secondary Areas Not Suitable for Development, as defined in Subsections A and B above, may be reserved as open space if proposed by the applicant or when necessary to comply with minimum open space requirements.

D.

Dedication or Reservation of Open Space. Areas within a clustered development project not designated for development shall be reserved as open space. Open space shall be guaranteed in perpetuity using one (1) or more of the following control mechanisms:

1.

Dedication of a conservation (or open space) easement to the County, other public agency or a public interest land trust;

2.

Dedication of land in fee-title to the County or other public agency; or

3.

Deed restrictions recorded with the County Recorder.

E.

Open Space Management Plan Required. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the County. Such plans shall, at a minimum, address the following:

1.

A description of site conditions such as vegetation and habitat type, natural and man-made features, and other characteristics of the site;

2.

Grass and brush clearing for fire fuel management, as required by site conditions;

3.

Erosion control;

4.

Sewage disposal, water well, and stormwater drainage facilities, including ditches and detention basins, if proposed for the development;

5.

Fencing if required for the protection of resources;

6.

Recreational activities compatible with open space; and

7.

Other natural resource management activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the County.

F.

Open Space Minimums. The amount of dedicated open space reserved in a clustered development project shall comply with the following requirements:

1.

A minimum of forty (40) percent of the total project site shall be dedicated as permanent open space.

2.

Projects granted density incentives as allowed by Section 24-88 (Development Standards) shall dedicate the amount of permanent open space as specified in Table 24-88-1 (Additional Density Incentive for Dedicated Open Space).

G.

Uses Permitted In Dedicated Open Space. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses shall be permitted:

1.

Agriculture, including grazing and timber management, when allowable by the zone applicable to the property;

2.

Resource conservation;

3.

Wildlife management;

4.

Recreational activities compatible with the objectives of the open space management plan;

5.

Community wells, community septic systems, community sewage disposal systems, and individual wells under certain circumstances;

6.

Pedestrian, bicycle and equestrian trails. Public access is not required, but may be permitted subject to a public access easement being recorded; and

7.

Other similar uses, as determined through the application review process.

H.

Contiguity. Dedicated open space areas shall not be fragmented but shall be consolidated or linked to facilitate wildlife movement, maintain functioning biological communities, and accommodate recreational opportunities. Open space connections to adjoining land beyond the project site should be anticipated and identified where possible.

I.

Access to Open Space. To the extent possible, all residential parcels shall have physical or visual contact with permanent open space to facilitate surveillance, foster routine maintenance, and improve the quality of life for project residents through the integration of home sites into a permanent open space setting.

J.

Trails. Where pedestrian, bicycle or equestrian trails are constructed in dedicated open space areas, the following requirements shall apply:

1.

Environmentally sensitive areas shall not be impacted.

2.

Privacy of proposed on-site and existing off-site residences shall not be intruded upon.

3.

Public access shall be permitted only where public access easements, consistent with an adopted trail master plan, have been acquired.

(Ord. No. 4062, § 1, 9-10-13)