Planning actions and procedures containing Water Resource Protection Zones and involving the division of land or property line adjustments shall comply with the following provisions and shall include the plan requirements in subsection 126.96.36.199.A.3:
A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses.
B. Conservation Area. Performance standards option subdivision, subdivision, partition, and site design review applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this chapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners’ association or other common ownership entity responsible for preservation.
C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met:
1. Partitions and subdivisions involving density transfer shall be processed under chapter 18.3.9, Performance Standards Option and PSO Overlay.
2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred.
3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowners’ association or other common ownership entity responsible for management of the area.
4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership.
5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number.
D. Management Plan. Long-term conservation, management, and maintenance of the Water Resource Protection Zone consistent with the requirements of this chapter shall be ensured through preparation and recordation of a management plan as described in subsection 188.8.131.52.C.
E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of section 184.108.40.206, Mitigation Requirements, to mitigate impacts resulting from land divisions.
F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for lots created for park purposes, or privately owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. (Ord. 3191 § 20, amended, 11/17/2020)