A. Required Open Space: In order to ensure compatibility with the mountain environment, development shall meet the following minimum requirements:
1. There shall be no open space requirement for those developments that comply with the "base zoned densities" identified in chapter 2 of this title.
2. For any type of residential development exceeding base density in the RR, HS, and MR zone districts, a minimum of seventy five percent (75%) of a parcel, inclusive of developable lands and critical lands, must be preserved for open space.
3. For any type of development in the NC zone district, a minimum of sixty percent (60%) of a parcel must be preserved as open space.
4. Open space located in a designated town or resort center shall be determined through an approved SPA plan.
5. Open space should be contiguous within a development site and, if possible, connect with open space on adjacent parcels.
B. Inclusions And Exclusions In Open Space Calculation: Open space may include setback areas, easements within which no aboveground structures are located, open space conservation easements, and other such areas. Open space shall not include any portion of a parcel on which any structure, parking lot or other such feature is located on or above the surface of the ground. Parking lot landscaping shall not be included in the required open space calculation. Lands that have been previously dedicated as part of a development approval shall not be considered in the open space calculation.
C. Method Of Owning/Maintaining Open Space:
1. Within all developments that comply with the base zone densities, open space is a function of the large lot zoning and setback requirements. In these instances, ownership and maintenance responsibilities shall remain with the owner of each lot or parcel.
2. The landowner/developer for all other development shall determine how the open space will be held for ownership purposes. Open space can be held passively, owned by the landowner, or it can be held as active open space, open for public use, and owned by the landowner, the county, or third party, or preserved through a conservation easement. In certain instances, the county may choose not to accept ownership of open space that is not compatible with the county and Snyderville Basin special recreation district objectives. Whenever incentive density increases are granted in exchange for the preservation of open space, such open space shall be legally established and protected in perpetuity by the placement of a conservation easement upon such open spaces at the time of development approval.
D. Cash In Lieu Of Open Space: The county may, at its sole discretion, accept cash in lieu of open space where such funds can be more appropriately used to purchase development rights or open space at a more appropriate or significant location. Cash in lieu will not be accepted until that applicant delivers to the county an appraisal, form and substance acceptable to the county, in the county's sole discretion, identifying the increase in value of the land based on the use which would be permitted if the open space requirement is removed, which increase in value determines that amount of cash in lieu which shall be offered. (Ord. 818, 2-26-2014)