108-3-5 Open Space Preservation Plan

Open space preservation plan procedure. Initial open space preservation plan approval. An open space preservation plan shall accompany an application for preliminary subdivision approval or an application for an open space preservation plan amendment. Preliminary subdivision approval constitutes approval of the open space plan. A final plat shall comply with the approved open space plan. Open space preservation plan amendment. After submittal of a new application and application fee an open space preservation plan may be amended, from time to time in accordance with the standards of this chapter. If an amendment of an open space preservation plan affects any part of the recorded subdivision plat, or if an amendment to a subdivision plat affects any part of an approved open space preservation plan, then the two shall be amended together and final approval of the amended subdivision plat shall constitute final approval of the amended open space preservation plan. Otherwise, each may be amended independently. Submission for an independently amended open space preservation plan shall be in compliance with the open space plan submittal requirements of this chapter and shall require the approval of the planning commission. Open space preservation plan submittal requirements. The open space preservation plan submittal shall include the following: An overall cluster subdivision map identifying all open space areas and open space area amenities. An open space site plan that: Identifies the open space parcel ownership types specified in subsection (c)(9) of this section; Identifies each proposed ownership type with a unique color; Shows the locations of existing and proposed future structures and other open space amenities; structures housing a subdivision utility or serving as a subdivision amenity shall be subject to all applicable standards including all design review and applicable architectural standards found in title 108 of the Ogden Valley City Land Use Code; and Includes all park improvements and is accompanied by a letter of approval from the local park district for open space that will be gifted as a park parcel to a local park district. A narrative describing all proposed open space parcels, their proposed method of ownership, their proposed method of maintenance, their proposed uses, and any proposed building envelopes. The phasing of open space parcels and their relationship to the overall subdivision phasing plan, if any. Open space development standards and ownership regulations. All open space area proposed to count toward the minimum open space area required by this chapter shall be clearly identified on the open space site plan. The following standards apply to their creation. Open space area in excess of the minimum required by this chapter is exempt from these standards. Minimum required open space area. A cluster subdivision requires a minimum percentage of its net developable acreage, as defined in Section 101-2, to be preserved as open space, as follows: Zone Required Open Space F-40 zone: 90 percent F-5 zone: 80 percent HR, AV-3, FV-3 zones: 60 percent Zones not listed: 30 percent Non-agricultural preservation open spaces. In all nonagricultural zones, and except as provided otherwise in parts (4) or (5) of this subsection (c), open space parcels shall preserve, to the extent possible, lands that have characteristics generally valuable for preservation or conservation, including but not limited to viewsheds, ridgelines, waterways, stands or groupings of mature vegetation, wildlife habitat, and other sensitive ecology. Open space parcels shall be organized into one contiguous open space area, except contiguity may be interrupted if preservation or conservation of those characteristics is best accomplished by allowing the interruption. The applicant bears the burden of proving the social or environmental value of the preservation or conservation based on specific objectives found in the general plan or based on objectives of some other land preservation or conservation plan, or other preservation or conservation policy as adopted by the county, state, or federal government, and applicable within the county. Agricultural open spaces to be contiguous and useful. In all agricultural zones, open space parcels shall be arranged to create future long-term agricultural opportunities in the following ways: By creating parcels of a sufficient size and configuration to support large-scale crop-producing operations. The area or areas of the subdivision that contains prime agricultural land, as defined by Section 101-2, shall first and foremost be used to satisfy the open space requirements of this chapter. Only then may any portion of the prime agricultural land be used for other development purposes. Open space parcels shall be organized into one contiguous open space area. Contiguity may only be interrupted if preservation of long-term agricultural opportunities is best accomplished by allowing the interruption. The applicant bears the burden of proving this based on soil sampling, irrigation capabilities, parcel boundary configuration, and industry best practices. The exterior boundary of a contiguous open space area that is intended to satisfy the open space requirements of this chapter shall be configured so a 50-foot-wide farm implement can reach all parts of the area with three or more passes or turns. Generally, this requires the area to be at least 450 feet wide in any direction at any given point to be considered contiguous. This three turn standard may be reduced by the planning commission for portions of the parcel affected by the following: The configuration of the existing exterior boundary of the proposed subdivision makes it impossible; A street required by Section 108-3-4 constrains the width of the parcel or bisects what would otherwise be one contiguous open space area if the street did not exist; Natural features, or permanent man-made improvements onsite that cannot be moved or realigned, cause an interruption to crop producing capabilities; or Due to existing or reasonably anticipated future conditions, not offering the reduction will inhibit long-term agricultural opportunities onsite or on adjacent permanently preserved agricultural parcels. Open space area necessary to meet the requirements of part (4) or (5) of this subsection, or open space areas never previously used for crop-production that currently contain areas valuable for preservation or conservation as specified in part (2) of this subsection may be exempt from this part provided they comply with those applicable parts. Irrigation protection. Open space intended for agricultural use shall maintain legally and physically reliable irrigation access. Existing irrigation ditches, laterals, pipelines, and historic conveyance routes serving the preserved agricultural land shall be preserved or relocated in a manner that maintains equal or better agricultural functionality. Required irrigation easements shall be shown on the plat where necessary to ensure continued access, maintenance, and operation. Cluster design shall not isolate preserved agricultural land from its irrigation source unless an engineered and legally protected alternative water delivery system is provided. Irrigation access shall be considered essential agricultural infrastructure equivalent to road access. Agricultural access required. Open space intended for agricultural use shall have permanent, recorded legal access suitable for agricultural operations. Access routes shall be of sufficient width and configuration to accommodate farm equipment and shall be shown on the final plat. Access may be provided by: Direct frontage on a public road A recorded agricultural access easement 3 A private farm access tract Agricultural access shall not depend solely on HOA permission unless the access rights are permanent and recorded against the property. Agricultural access easements shall be considered essential infrastructure necessary to preserve long-term agricultural viability. Small open space parcels within a cluster of residential lots. In order to maximize the contiguous open space acreage as required in part (2) and (3) of this subsection, an open space parcel or portion thereof that is located within a cluster of residential lots, as defined in Section 101-2, or that interrupts contiguity of a cluster of residential lots and is not intended to satisfy part (2), (3), or (5) of this subsection (c), shall be constrained in area and width to provide the minimum acreage and width reasonably necessary for the functionality, operation, and maintenance of the intended open space use. The open space preservation plan shall offer sufficient information regarding the use and any proposed structures to allow the planning commission to verify compliance. See also part (6) and part (8) of this subsection (c) for additional applicable area and coverage regulations. Sensitive lands requirements. Cluster subdivisions in or on sensitive lands shall be governed as follows: Lands that can be mitigated such as floodplain and wetlands are considered developable for the purpose of calculating net developable acreage, as defined in Section 101-2. Acreage consumed by a lake, floodway within a river corridor, or a naturally occurring pond area is acreage unsuitable for development, as otherwise defined in Section 101-2. When any of these is offered as a community amenity on an open space parcel with public access and a blanket public access easement, the subdivision shall receive 25 percent of the acreage credited to the net developable acreage for the purpose of calculating base density. Regardless of developability, the following areas shall be located within a cluster subdivision's open space area: Areas designated as floodplain, as defined by the Federal Emergency Management Agency or other qualified professional determined appropriate by the county engineer; and Rivers and streams, with and including their designated river or stream corridor setbacks, as defined by the Ogden Valley City Land Use Code. Open space parcel area. The minimum area for an open space parcel located within a cluster subdivision is as follows: Common area. Open space parcels designated as common area are not subject to minimum area requirements provided such parcels are not used to satisfy the minimum required open space acreage unless they are of sufficient size and configuration to support the intended preservation purpose. Small common areas may be permitted only where necessary for utilities, drainage, access, or amenities and shall not be used to artificially satisfy open space requirements. Park area. An open space parcel conveyed to a local park district shall be of a sufficient size to adequately accommodate park infrastructure, amenities, and parking. Public utility area. An open space parcel conveyed to a culinary or secondary water service provider or a sewer service provider is not subject to minimum area requirements in a cluster subdivision. Individually owned open space parcel area. An open space parcel designated as an individually owned preservation parcel shall contain an area of not less than five acres and shall be part of a contiguous area of open space consisting of not less than ten acres in total; and shall be in compliance with the following: The ten acre minimum contiguous area does not need to be platted in the same subdivision. Each individually owned open space parcel shall be provided clear and perpetual legal access from a public or private street right-of-way. Drainage detention or retention facilities intended to accommodate subdivision improvements may be located on an individually owned preservation parcel and counted toward the subdivision's overall open space area, but the acreage of the facility shall not be included as part of the parcel's agricultural use, and the acreage of the facility shall be in addition to, not a part of, the minimum parcel area requirement. Estate lot area. Up to 80 percent of an estate lot, as defined in Section 101-2, may count towards the open space acreage requirement provided the following standards are applied: The area of the lot designated as open space shall contain an area of not less than five acres and shall be part of a contiguous area of open space consisting of not less than ten acres in total. The estate lot shall contain a survey-locatable building envelope on the recorded plat that shares a common boundary with a neighboring residential lot, or in the case of a neighboring estate lot, shares a common boundary with the neighboring estate lot's building envelope. Drainage detention or retention facilities intended to accommodate subdivision improvements may be located on an estate lot and counted toward the subdivision's overall open space area, but the acreage of the facility shall not be included as part of the lot's agricultural use, and the acreage of the facility shall be in addition to, not a part of, the minimum parcel area requirement. Parcel width, frontage, and access. Open space parcels located within a cluster subdivision are not subject to frontage requirements and do not have a minimum width standard. Section 106-2-4(c) notwithstanding, all open space parcels without street frontage shall be provided an access easement, recordable at the time of plat recordation, across other parcels and connecting to a public or private street. Parcel coverage. Coverage of common area or open space parcels under five acres by any roofed structures or any structures or facilities that require a building permit shall not exceed ten percent of the total parcel area. Coverage of individually owned preservation parcels by roofed structures or any structures or facilities that require a building permit shall not exceed two and a half percent of the total parcel area. Coverage of the open space area of an estate lot of five and one-quarter acres or greater by roofed structures or any structures or facilities that require a building permit shall not exceed two and a half percent of the lot's platted open space preservation easement area. Open space lot or parcel ownership. Common area parcel. An open space parcel that is common area shall be commonly owned by an appropriate homeowner's association established under U.C.A. 1953, § 57-8a-101 et seq., the Community Association Act. Park parcel. An open space parcel may be owned by a local park district. Individually owned open space parcel. An open space parcel may be owned as an individually owned preservation parcel by any person, regardless of whether the person owns a residential lot within the subdivision. In order to keep an individually owned preservation parcel from becoming unconducive to multipleacreage preservation uses, an individually owned preservation parcel shall not be sectioned into sub-areas less than five acres by fencing or other physical barriers unless the sectioning is intended for the rotation of grazing animals provided consistent rotation occurs for the purpose of vegetation regrowth. The planning commission may modify this requirement for uses that support the longevity of the preservation, maintenance, and large-acreage use of the parcel. Estate lot. An estate lot, as defined in Section 101-2, may be owned by any person. In order to keep an estate parcel from becoming unconducive to multiple-acreage preservation uses, the preserved open space area shall not be sectioned into subareas less than five acres by fencing or other physical barriers unless the sectioning is intended for the rotation of grazing animals provided consistent rotation occurs for the purpose of vegetation regrowth. The planning commission may modify this requirement for uses that support the longevity of the preservation, maintenance, and large-acreage use of the parcel. Open space phasing. If development phasing is proposed and approved during preliminary cluster subdivision approval, the percent of open space of the overall platted acreage shall at no time be less than the percent of proposed open space approved in the open space plan. Maintenance. The open space parcel owner, whether an individual or an association, shall use, manage, and maintain the owner's parcel in a manner that is consistent with an approved open space preservation plan or the agriculture, forest, or other type of preservation easement executed under subsection (f). Preservation. Open space parcels shall be permanently preserved in a manner that is consistent with the approved open space preservation plan. Language shall be included in the dedication of the subdivision plat that substantially reads as follows; final language is subject to approval from the county surveyor and county attorney: … and additionally dedicate and convey to the City a perpetual open space easement on, under, and over all parcels and areas denoted as open space parcels or areas to guarantee to the public that those parcels and areas remain open and undeveloped in a manner consistent with the approved open space plan; … An agreement, in a form acceptable to the City Attorney, shall be recorded with the final plat to the title of all open space preservation parcels, including estate lots, that details the open space preservation plan and any related conditions of approval necessary to execute the open space preservation plan. The approved site plan shall be included in the agreement. If the plat recordation is also the means of conveyance of any open space parcel, the agreement shall also specify the name and tax notification mailing address if the new owner. If a cluster subdivision contains open space intended to preserve substantial or crucial wildlife habitat, as defined by the Utah Division of Wildlife Resources, a wildlife habitat easement meeting the requirements of the Utah Division of Wildlife Resources shall be offered to the division. If a cluster subdivision contains an individually owned preservation parcel or estate lot with an open space area, the applicant shall: Identify all open space preservation areas on the final plat with a unique hatch or shading; Further identify each individually owned preservation parcel with a unique identifying letter; For an estate lot, delineate on the plat with survey locatable bearings and calls the area of the lot being preserved as open space. The planning commission may recommend additional conditions and restrictions it deems necessary to reasonably ensure maintenance of the open space and adherence to the open space preservation plan. Such conditions may include a plan for the disposition or re-use of the open space property if the open space is not maintained in the manner agreed upon or is abandoned by the owners. A violation of the open space plan or any associated conditions or restrictions shall constitute a violation of this Land Use Code. Permanent protection required. All open space used to satisfy minimum open space requirements shall be permanently protected from further subdivision and residential development by one or more of the following mechanisms as approved by the City: 1 A conservation easement 2 A deed restriction recorded with the final plat 3 A plat note prohibiting further subdivision or residential development 4 A development restriction contained within CC&Rs Such restrictions shall: a Run with the land b Bind all future owners c Clearly state allowed agricultural uses d Allow agricultural buildings, irrigation infrastructure, fencing, and normal farming activities e Prohibit future residential density transfer from the preserved land The City may approve alternative mechanisms that achieve the same permanent preservation outcome. Prohibition on future subdivision. Open space parcels used to satisfy cluster subdivision requirements shall not be further subdivided for residential purposes and shall not be used to calculate future residential density. Density attributed to preserved open space shall be considered permanently extinguished unless otherwise specifically authorized by ordinance. Nothing in this section shall prohibit: 1 Agricultural uses 2 Agricultural structures 3 Irrigation infrastructure 4 Conservation improvements 5 Lot line adjustments that do not create additional lots This restriction shall be noted on the final plat. Open space parcels shall not be considered parent parcels for future density calculations. Sec 108-3-6 (Reserved)