Approval of a CD is contingent upon the board's determination that all the following are true:
A. The usefulness of the conservation tracts is maximized in the design of the development.
1. Cluster tracts, building envelopes, roads and utilities shall be sited to optimize productive agricultural practices, including irrigation, in the conservation tract and to minimize interference and land use conflicts with agricultural practices on the conservation tract, adjoining farms and normal/historic agricultural activities in the area.
2. Environmentally sensitive areas, hazard areas, or wildlife habitat of local significance, big game winter range, waterfowl nesting areas, or other significant wildlife habitat as determined by the Idaho state department of fish and game shall be identified and contained within the conservation tract or open space or otherwise protected from encroachment.
B. Each individual phase of the development as well as the total development can exist independently in a stable manner.
C. The development of residential uses proposed within agricultural areas will not interfere with existing agricultural operations that may, at times, be perceived as a nuisance by inhabitants of those residences.
D. Where off site impacts are found to result from the proposed development of the CD, the developer has proposed improvements to mitigate said impacts. Such improvements may include, but not be limited to, the road network (road improvements not limited to surfacing, school bus turnarounds, widening, intersections, bridges, culverts, and drainage facilities), fire protection facilities, and trails/recreation.
E. The CD conforms to the goals, recommendations and conclusions in the Blaine County comprehensive plan.
F. The CD parent tract includes a gross land area of at least twenty (20) acres in an R-10 district, forty (40) acres in an A-20 district, and eighty (80) acres in an RR-40 or A-40 district.
G. Cluster tracts and individual lots in CDs are provided safe and convenient access to a public or private road but individual lot access onto a highway or collector road (as listed in the county comprehensive plan) is not permitted.
H. The developer has provided evidence, verified by IDWR, of water rights, if any, appurtenant to the entire property being developed. The developer also has provided an ongoing weed control/management plan for the entire property, including the reclamation of disturbed or idled ground. Where a water right exists, a water delivery plan consistent with the intended use of the water has been submitted to ensure water delivery shall continue on the conservation tract. If water is intended to be delivered to any proposed common open space area(s) and/or residential lots, the plan shall include same and be found suitable.
I. Soil suitability for all uses including the development of roads has been demonstrated.
J. The proposal shall comply with the purpose, definitions, regulations and conditions set forth in this title and title 9 of this code.
K. The proposed road design best maintains or creates a traditional rural community design without compromising efficiency and adequacy of the roads for use for agricultural purposes. In any case, roadway easement widths are a minimum of forty feet (40') with a minimum of twenty four feet (24') of travel surface. Right of way or travel surface widths greater than the minimums specified in the Blaine County road standards ordinance may be required. The road design has been approved by the applicable fire official and other county departments.
L. Building envelopes are sited on each parcel in the CD to optimize productive agricultural practices, including irrigation, when applicable in the conservation tract and to minimize interference and land use conflicts with agricultural practices on the conservation tract, adjoining farms and normal/historic agricultural activities in the area.
M. Any proposed common open space or publicly dedicated land may be used as a buffer between the conservation tract and the cluster tract(s) and is usable, accessible and for the benefit of the residential owners in the CD and/or the citizens of Blaine County.
N. Utilities for the cluster tract(s) are proposed to be installed underground. (Ord. 2006-07, 6-29-2006)