§ 30-28-401 — Legislative declaration

(1) The general assembly hereby finds
and declares that:

(a) It is in the public interest to encourage clustering of residential dwellings
on tracts of land that are exempt from subdivision regulation by county government
pursuant to section 30-28-101 (10)(c)(X), thereby providing a means of preserving
common open space, of reducing the extension of roads and utilities to serve the
residential development, and of allowing landowners to implement smart growth on
land that is exempt from subdivision regulations.

(b) Landowners should have the option to consider cluster development
when subdividing land into parcels in a manner that constitutes an alternative to
the traditional thirty-five acre interests described in section 30-28-101 (10)(c)(I).

(c) A process should be available for the development of parcels of land for
residential purposes that will authorize the use of clustering, water augmentation,
density bonuses, not to exceed two units for each thirty-five acre increment, or
other incentives, and the transfer of development rights and fulfill the goals of the
county to preserve open space, protect wildlife habitat and critical areas, and
enhance and maintain the rural character of lands with contiguity to agricultural
lands suitable for long-range farming and ranching operations.

Legislative History

Source: L. 96: Entire part added, p. 1880, � 2, effective June 6.