The board shall attach to the approval of a CD certain conditions and may attach additional conditions and any others it deems necessary to protect the public health, safety and welfare, and to further the purposes of this chapter:
A. The following conditions shall be attached:
1. Infrastructure shall be installed by the developer and shall comply with the standards of all applicable regulatory agencies. Infrastructure may include, but not be limited to, roads, drainage facilities, sanitary facilities, utilities, fire protection facilities, and improvements related to trails/recreation.
2. Improvements upon subdivision shall be constructed or installed by the developer prior to final plat or as otherwise proposed as part of a phasing plan and accepted by the county. Such improvements may include, but not be limited to, infrastructure, off site improvements, common open space improvements, water delivery system, irrigation system, fencing, and weed control program.
3. Further subdivision shall not be permitted unless the applicant demonstrates that the maximum base density and density bonus has not been previously platted or transferred from the parent tract. Further subdivision shall require the application be processed according to the procedures for a CD unless otherwise specified in a previously approved subdivision for the parent tract.
4. The conservation tract shall be encumbered by: a) a conservation easement executed in force and effect simultaneously with the recordation of the final plat of the CD; or b) a deed restriction. Said encumbrance shall specify that uses of the conservation tract are limited to agricultural purposes and businesses as permitted by county ordinance and/or open space and shall be noted on the plat.
5. Plat notes to be worded specific to the proposed CD situation may include, but not be limited to, those addressing the following issues:
a. Weed control;
b. Conservation tract limitations;
c. Agricultural activities/farming practices are permitted and are a preferred use of the land. Perceived conflicts with residential use and enjoyment may occur, however, agricultural use of the land is dominant and shall not be considered a nuisance;
d. Fire protection;
e. Soils limitations;
f. Road maintenance responsibility, if private roads;
g. Public access, if applicable;
h. Purchasers of lots within the cluster tract shall execute resource management easement prior to obtaining building permit for residential construction;
i. Density statement including the one time density bonus;
j. Encumbrance on conservation tract;
k. Domestic pet restraint (i.e., perimeter fencing) around the cluster tract is required;
l. Fish, game and wildlife issues.
6. Resource management easement (binding to heirs, successors and assigns of the grantor) to address the following: grantor (owner) acknowledging property is situated within agricultural area and may be subjected to conditions resulting from farming and ranching operations which may conflict with residential purposes, and waives all common law rights to object to normal and necessary farm management activities shall be presented by the developer to potential buyers of cluster tract(s) lots.
B. The following conditions and any others deemed appropriate to carry out the public health, safety and welfare and to further the purposes of this chapter may be attached:
1. Limitation on the number of living quarters for employees per conservation tract.
2. Limitation on the number of accessory dwelling units per cluster tract.
3. Distance in feet separating any residential use from neighboring tracts. (Ord. 2006-07, 6-29-2006)