A. All properties proposed for subdivision are subject to section 11-3-29, “Water Quality Protection,” of this code as part of the preliminary plat review process. Water quality protection areas located within or immediately adjacent to the proposed subdivision must be identified on the preliminary plat. This includes the location of critical stormwater conveyances, rivers, streams, wetlands, or lakes on the subject parcel(s) or within two hundred feet (200'). This section is not intended to be a comprehensive outline of requirements of section 11-3-29, “Water Quality Protection,” of this code, but is merely intended to provide basic information on the general requirement for lots proposed for development within a subdivision.
B. All lots within the proposed subdivision must comply with the water quality protection regulations prior to filing a final plat. This compliance will not expire unless the conditions or location of the proposed use of the property have changed.
C. Land restricted from development within water quality protection areas or associated buffers may, at the discretion of the city council, be used to meet park land dedication requirements or open space other than for active recreation.
D. Buffers and setbacks for streams, wetlands, and lakes are established by section 11-3-29, “Water Quality Protection,” of this code.
E. Land located wholly within a wetland, or its buffer may not be subdivided into a lot. Land located partially within a wetland, or its buffer may be divided provided each resulting lot has sufficient buildable area outside of and will not affect the wetland or its buffer.
F. Density will be calculated based on the gross acreage of the site. Where development is partly prohibited due to the presence of water quality protection areas, the subdivider may be permitted to transfer up to one hundred percent (100%) of the density attributable to the undevelopable area of the property to another portion of the same property, where the planning director and community development board finds it is consistent with the city-county growth policy and section 11-3-29, “Water Quality Protection,” of this code.
(Ord. 12-04, 2-6-2012; amd. Ord. 21-15, 9-20-2021; Ord. 24-02, 2-20-2024)