The purpose of this chapter is to:

1.

Encourage the preservation of open land for its scenic beauty and to enhance open space, forestry, agricultural and recreational use.

2.

Protect sensitive lands, including those areas containing sensitive and undevelopable features such as steep slopes, floodplains and wetlands.

3.

Preserve the natural environment, including those areas containing natural features such as meadows, streams, farmland, wildlife corridors and/or habitat, historical buildings and/or sites, and open space.

4.

Protect areas of Kamas City with productive agricultural land by conserving blocks of land large enough to allow for viable farm operations.

5.

Provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce the length of roads, utility easements, and the amount of paving required for residential development.

6.

Conserve scenic views and elements of Kamas City's rural and scenic character and minimize perceived density by minimizing impacts of new development from existing city roads.

(Ord. 2015-04, 11/10/2015)

The option to develop property as a conservation subdivision is voluntary and provided to developers as an alternative to the development of property pursuant to other provisions of this land use ordinance. The intent of this chapter is to encourage the creation and development of flexibly-designed open space subdivisions. Conservation subdivisions may be developed within the A-40, A-5 and R-A zones. Conservation subdivisions shall be developed in accordance with and subject to the development standards, conditions, procedures and regulations of this chapter and the general design standards for subdivisions as contained in KMC 15.21 and with all other applicable subdivision ordinances and zoning regulations of Kamas City.

(Ord. 2015-04, 11/10/2015)

Applications for a conservation subdivision shall be submitted and processed in accordance with the requirements and procedures set forth in KMC 15.18 (Subdivisions) of this land use ordinance, including submission and approval of site plans, preliminary and final plats, and any additional procedural requirements set forth in this chapter, including, but not limited to, submission of a subdivision yield plan, sensitive area designation plan and/or a development agreement. A subdivision yield plan would exhibit the base density allowed in the underlying zone minus areas protected through sensitive area designation.

Each application for a conservation subdivision shall demonstrate that these four design steps were followed by their site designers in determining the layout of their proposed streets, home sites, and open space.

1.

Designation of open space and conservation areas (primary and secondary). Primary conservation areas may include bodies of water, easements, floodplains, steep slopes, soils, waterways, wetlands, wooded areas, etc. Secondary conservation areas may include buffers, historic components, landmarks, prime views, public vistas, etc. as determined by the planning commission.

2.

Location of building sites. Home sites should be clustered and located not closer than 100 feet to wetland areas, but may be situated within 50 feet of designated open space areas.

3.

Street and lot layout. Alignment of proposed streets should provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on open space.

4.

Lot lines. These are generally drawn midway between house locations. Lot locations will still need to meet setback requirements.

(Ord. 2015-04, 11/10/2015)

1.

Density. The permitted density for development within a conservation subdivision shall be determined in accordance with the development incentive chart below. The percentage increases noted as the "multiplier" in the chart are percentage increases from the base density identified in the approved subdivision yield plan for the proposed development.

Development Incentive Chart

2.

Open space requirements. All conservation subdivisions shall provide at least the minimum percentage of conservation land as set forth in the development incentive chart. The minimum percentage of required conservation land for any given conservation subdivision shall be calculated based upon the total acreage of the property within the proposed subdivision less areas containing sensitive lands. Lot requirements

a.

Lot width at building line. The minimum lot width at the building line for main buildings within a conservation subdivision shall be 100 feet.

b.

Street frontage. The minimum street frontage for lots within a conservation subdivision shall be a minimum of 80 feet except along the circumference of a cul-de-sac improved to city standards where a minimum of 35 feet may abut the street.

c.

Front setback. The developer shall designate the building pads for main buildings in a conservation subdivision. Front setbacks shall be a minimum of 20 feet and every other lot shall be staggered an additional 15 feet.

d.

Rear setback. The minimum rear yard setback for main buildings within a conservation subdivision shall be 15 feet.

e.

Side setback. The minimum side yard setback for main buildings with a conservation subdivision shall be ten feet.

f.

Side corner setback. The minimum side corner setback for main buildings within a conservation subdivision shall be 20 feet from the property line in compliance with clear vision standards.

(Ord. 2015-04, 11/10/2015)

1.

Individual lots. Individual lots in conservation subdivisions shall be laid out pursuant to the dimensional standards set forth in KMC 15.19.040. Individual residential lots shall not encroach upon or contain any of the required minimum designated conservation land for the subdivision.

2.

Buffer from road. All new dwellings shall be arranged and located a minimum of 80 feet from all external roads.

3.

Views of houselots. Views of houselots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

4.

Access. Houselots shall be accessed from interior streets.

5.

Abutment to conservation lands. At least half of the lots shall directly abut conservation land or face conservation land across the street.

6.

Conservation lands. Standards pertaining to the quantity, quality, configuration, use, permanent protection, ownership and maintenance of conservation land within a conservation subdivision shall be in compliance with all provisions contained herein.

7.

Sensitive lands. Restriction and regulations regarding the preservation, protection, ownership and maintenance of sensitive lands within a conservation subdivision shall be in compliance with this chapter of the Kamas City Land Use Ordinance.

(Ord. 2015-04, 11/10/2015)

1.

Subdivision. Subject to use and development restrictions of sensitive lands, land within conservation subdivisions may be used for the following purposes:

a.

Permitted uses: Any uses permitted in the relevant zone.

b.

Conservation land.

c.

Accessory uses: Any permitted accessory uses as provided in the relevant zoning regulations.

2.

Conservation land. Conservation land may be used for the following purposes:

a.

Permitted uses: The following uses are permitted in conservation land areas:

i.

Conservation of open land in its natural state; i.e., meadow, grassland, trees, farmland, etc.

ii.

Agricultural and horticultural uses, including raising crops and associated buildings that support an active, viable agricultural or horticultural operation.

iii.

Pastureland for sheep, cows and horses, excluding commercial livestock operations involving swine, poultry and mink.

iv.

Non-commercial equestrian facilities.

v.

Underground utility easements for drainage, access, sewer or water lines, or other public purposes.

vi.

Above-ground utility and street rights-of-way may traverse conservation land, provided areas encumbered by such facilities and/or rights-of-way shall not be counted towards the minimum required conservation land for the subdivision.

b.

Conditional uses: The following uses shall be considered as conditional uses in conservation land areas:

i.

Wholesale nurseries and associated buildings that are specifically needed to support active, viable horticultural operations.

ii.

Neighborhood open space uses such as common areas, picnic areas, trails, and similar recreational uses.

iii.

Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways.

iv.

Golf courses, not including miniature golf.

v.

Fencing, when deemed necessary and appropriate for the particular use, condition, purpose and/or location of the conservation land.

(Ord. 2015-04, 11/10/2015)

Designated conservation land within a conservation subdivision shall meet the following standards:

1.

Significant areas and features. Conservation land should include the most unique and sensitive resources and significant features of the property within the subdivision.

2.

Contiguous land. Conservation lands within a development shall be contiguous to provide for large and integrated open space areas within the subdivision. Non-contiguous parcels of conservation lands may be approved by Kamas City during the plat approval process upon finding that such exception is necessary and/or desirable based upon consideration of the size of the project, the size of the conservation parcels, the types of features and resources included within the conservation lands, and other relevant considerations.

3.

Resource uses. A substantial amount of the minimum required conservation land may be devoted to active resource uses such as agriculture, horticulture, or equestrian uses, provided at least 20 percent of the minimum required conservation land remains available for the common use and enjoyment of the residents and/or the public.

4.

Recreation uses. A substantial amount of the minimum required conservation land may be comprised of the active recreation facilities such as playing fields, golf courses, tennis courts, etc., exclusive of parking lots; provided at least 20 percent of the minimum required conservation land remains available for the common use and enjoyment of the residents and/or the public.

5.

Buffering. Conservation land shall be designed to provide buffers and to protect scenic views looking from or towards existing roadways.

6.

Pedestrian access. Adequate pedestrian access to conservation land shall be provided.

7.

Maintenance access. Sufficient maintenance access to all conservation land and sensitive land will be provided.

8.

Landscaping. All conservation land that is not wooded, farmed, or maintained as conservation meadows, grassland, or other approved open space, shall be landscaped. For each dwelling unit, there shall be required on the project site at least two deciduous trees at least two inch caliper in size and one conifer tree at least six feet in height.

(Ord. 2015-04, 11/10/2015)

1.

Conservation easement. All conservation land shall be permanently restricted from future development by a conservation easement or other method of protection and preservation acceptable to Kamas City. Under no circumstances shall any development be permitted in the conservation land, except for those permitted or conditional uses listed herein and approved with the conservation subdivision. All methods of protection and preservation of conservation land shall be approved by Kamas City and recorded prior to or concurrent with the recording of the final plat for the conservation subdivision.

2.

Terms and conditions. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a conservation subdivision shall include the following terms and/or conditions:

a.

Legal description of the easement;

b.

Description of the current use and condition of the property;

c.

Permanent duration of the easement;

d.

Permitted and conditional uses;

e.

Maintenance responsibilities and duties;

f.

Enforcement rights and procedures; and

g.

Other terms or conditions as deemed necessary by the planning commission or Kamas City Council.

(Ord. 2015-04, 11/10/2015)

Unless otherwise approved by Kamas City, the grantee of a conservation easement shall consist of one of the following acceptable entities which shall be qualified to maintain and enforce such conservation easement.

1.

Undivided ownership. Unless otherwise approved by Kamas City and subject to the provisions set forth in this chapter, the underlying fee ownership of the conservation land shall remain in single ownership and may be owned and maintained by the homeowners'association, a land trust, conservation organization, or private individual. In the case of the HOA holding the conservation easement, the following regulations shall be met:

a.

A description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for the conservation land, including restrictive covenants for the subdivision, shall be submitted by the developer with the final plat application.

b.

The proposed association shall be established and operating (with financial subsidization, if necessary) prior to or concurrent with the recording of the final plat for the subdivision.

c.

Membership in the association shall be mandatory for all purchasers of the property within the subdivision and their successors in title.

d.

The association shall be responsible for maintenance and insurance of the conservation land.

e.

The by-laws of the association and restrictive covenants for the subdivision shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in dues. Such dues shall be paid with the accrued interest before the lien may be lifted.

f.

Written notice of any proposed transfer of conservation land by the association of the assumption of maintenance for the conservation land must be given to all members of the association and to Kamas City no less than 30 days prior to such event.

g.

The association shall have adequate staff to administer, maintain and operate such conservation land.

2.

Property subject to a conservation easement, or other acceptable method of protection and preservation, shall not be subdivided.

(Ord. 2015-04, 11/10/2015)

1.

Costs. Unless otherwise agreed to by Kamas City, the cost and responsibility of maintaining conservation land shall be borne by the owner(s) of the underlying conservation land.

2.

Maintenance plan. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the conservation land within the proposed conservation subdivision with the preliminary plat application for the subdivision. The maintenance plan shall provide the following:

a.

The plan shall define ownership.

b.

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadows, pasture, wetlands, stream corridors, hillsides, cropland, control of noxious weeds, etc.)

c.

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the conservation land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

d.

At Kamas City's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to two years.

3.

Approval. The maintenance plan must be approved by Kamas City prior to or concurrent with final plat approval for the subdivision. The maintenance plan shall be recorded against the property and shall include provisions for the city's corrective action rights as set forth herein. Any changes or amendments to the maintenance plan shall be approved or denied by Kamas City.

4.

Failure to maintain. In the event that the organization established to maintain the conservation land and the common facilities, or any successor or organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, Kamas City may assume responsibility, as a right but not an obligation, for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

5.

Corrective action. Kamas City may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action shall be charged to the property owner and shall include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by Kamas City in the Summit County Recorder's office. The maintenance plan and all other documents creating or establishing any association or conservation organization for the property shall reference the city's corrective action authority set forth herein and shall be recorded against the property.

(Ord. 2015-04, 11/10/2015)