§ 16.28.010. Open space subdivisions.

A.

Requirement for Open Space. Open space designed subdivisions will be required as specified in the county zoning ordinance.

B.

Design Criteria. Open space subdivisions will be designed to:

1.

Assure buildable areas on individual lots which will assure privacy to that lot and its neighbors and preserve open lands.

a.

Dwelling sites (buildable area) and building height limits, if appropriate, will be specified for each lot on the preliminary plat in such a manner as to provide privacy to subject lot and adjoining lots.

b.

Lay-out of the subdivision will avoid structure sites on ridges or other land forms which would increase visibility of new development.

2.

Reduce road-building which increases traffic dust, stormwater runoff, and road maintenance expense.

a.

No more than an average of one hundred (100) feet of interior subdivision road is permitted per dwelling, not including arterial or collector roads or streets which connect to the subdivision.

i.

A design deviation to this requirement may be applied for to connect separate groups of home sites.

3.

Save water by using multi-party wells or community water systems if municipal utilities are not available.

a.

Shared utilities such as multi-party wells, community water systems and central sewer facilities shall be required when practical. Easements in the open space may be used to accommodate those facilities.

b.

Limit the use of culinary water for irrigation.

4.

Protect ground water quality by using appropriate sewage and effluent pre-treatment.

5.

Protect wildlife, crucial habitats and corridors.

6.

Retain and enhance rural character of the area.

7.

Preserve farmland, including dry grazing and wooded lands.

8.

Reduce infrastructure costs and service needs.

9.

Reduce visibility of development in rural areas.

10.

Offer on-site outdoor recreational opportunities.

C.

Open Space Requirement. Not more than fifty (50) percent of the gross area shall be divided into individual lots, with the remainder devoted to open space. The open space shall include the areas listed in natural resource and natural features, Section 16.28.090. Additional open space shall be required to keep open and effective important wildlife habitat, wildlife migration routes, or prime agricultural land.

1.

Allowable density shall not be required to decrease. In an example, a thirty (30) acre tract of land zoned for one-acre lots will allow thirty (30) dwellings on approximately one-half acre lots and fifteen (15) acres of open space, assuming all thirty (30) acres are developable.

Density bonuses up to ten percent of the applicable density, using the entire parcel, may be applied for when additional land is committed to permanent open space. For each minimum lot size committed to open space, another dwelling can be developed, up to ten percent more dwellings than would have been allowed without the bonus. Thus, if a proposed subdivision of one hundred (100) acres yields eighty (80) acres developable and the density is one dwelling per 2.5 acres, twenty-five (25) individual lots can be created on forty (40) acres. If the subdivider then commits ten additional acres to permanent open space, four additional lots (for a total of twenty-nine (29) building sites) may be created on thirty (30) acres.

2.

Open space created shall connect with other permanent open space, such as public land, riparian corridors, wetlands, other subdivision open space, or future logical open space area on undeveloped adjoining lands.

3.

Developer may propose either of three options for the open space:

a.

Common-Owned Space. Each lot owner will be granted a deed to a proportional share of the common space. Thus an owner of one lot in a sixty (60) lot subdivision will receive a warranty deed for an undivided interest (1/60th) of the common space. The deeds will be restricted permanently to prohibit development including fencing and will transfer with the deeds to the individual lot. The open space cannot be sold or encumbered. The homeowners' association will own and manage the common space and be responsible for its upkeep, tax payment, and use, in perpetuity. Open space not within an important wildlife habitat may be used for outdoor recreation purposes, and ten percent of the open space area may be developed for common-owned recreation facilities. Open space within an important wildlife habitat shall be limited to ten percent of the open space area which may be used for recreation involving horses or motorized vehicles or structures.

b.

Separate Lot. This concept treats the remainder of the site as a separate lot which can be retained by the developer who may elect to keep or sell it. The lot will be deed-restricted against further development but it can be farmed or timbered, etc., as specified and approved by the council.

c.

Transfer Ownership to a Public Agency. The developer may deed the open space to a public agency such as the Forest Service, Fish and Game, etc., provided that agency is willing to accept it, by deed or by conservation easement approved by the council and the public agency.

4.

The council shall impose appropriate deed restrictions on the common or open space to ensure its intent for future use and preservation.

5.

Open space may include easements for sewage and effluent pretreatment facilities and wells, buffers and firebreaks, drainage ways, floodplain, riparian areas or corridors, detention basins and the like. Utility easements such as distribution lines or pipeline easements may, at the discretion of the council, be counted as open space.

6.

Open space shall not be used for open storage or for collection of refuse, junk or garbage.

7.

Driveways of any length serving two or more structures or two or more nonagricultural uses shall be built to county standards (Section 16.28.020).

D.

Neighborhood Commercial Uses. Neighborhood commercial uses may be considered in open space subdivisions of adequate size to support the proposed use. Such uses shall not depend on business from more than two miles outside its subdivision, as indicated by a market study provided at the developer's expense. Location and type of such uses will be specified on the plat at concept review.

E.

Open Space Designed Subdivisions. Open space designed subdivisions are subject to all other provisions of this title. Open space designed subdivision applicants may apply for design deviations for Sections 16.28.020, 16.28.030 and 16.28.040.

(Ord. 1997-4 § 401)

(Ord. No. 2005-5, 8-19-05)