(a)As used in this article:
(i)"Conservation design process" means a planning
process adopted by a county to offer a land use option for
residential purposes that differs from traditional thirty-five
(35)acre divisions of land described in W.S. 18-5-303(b) using
cluster development and density bonuses to preserve open space
through:
(A)Protection of wildlife habitat and critical
areas; or
(B)Enhancement and maintenance of the rural
character of lands with contiguity to agricultural lands
suitable for long range farming and ranching operations.
(ii)"Cluster development" means any division of land
that creates parcels containing less than thirty-five (35) acres
each, for residential purposes, provided:
(A)One (1) or more parcels are being divided
pursuant to a county conservation desi
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(a) As used in this article:
(i) "Conservation design process" means a planning
process adopted by a county to offer a land use option for
residential purposes that differs from traditional thirty-five
(35) acre divisions of land described in W.S. 18-5-303(b) using
cluster development and density bonuses to preserve open space
through:
(A) Protection of wildlife habitat and critical
areas; or
(B) Enhancement and maintenance of the rural
character of lands with contiguity to agricultural lands
suitable for long range farming and ranching operations.
(ii) "Cluster development" means any division of land
that creates parcels containing less than thirty-five (35) acres
each, for residential purposes, provided:
(A) One (1) or more parcels are being divided
pursuant to a county conservation design process;
(B) An area within the county equal to not less
than two-thirds (2/3) of the total area of the parcel, as
defined in W.S 18-5-302(a)(x), being divided is reserved at the
time of the development for the preservation of open space in
furtherance of one (1) or more of the objectives described in
paragraph (i) of this subsection;
(C) Unless otherwise provided through a density
bonus, the gross overall density shall not exceed one (1)
residential unit for each seventeen and one-half (17 1/2) acres;
and
(D) Land set aside to preserve open space or to
protect wildlife habitat or critical areas shall not be
developed in any way that changes its open space designation for
at least sixty-five (65) years from the date the cluster
development is approved and shall be governed by the provisions
of W.S. 18-5-403(b)(ii).
(iii) "Density bonus" means a land use design
incentive that encourages optimized preservation of open space
by allowing a gross overall density of two (2) or more
residential units for each thirty-five (35) acres;
(iv) "Open space" means an area of land or water that
is substantially free of structures, impervious surfaces, roads
and other land-altering activities and does not include lands
used for private recreation such as golf courses and residential
yards, areas devoted to parking, vehicular traffic,
nonagricultural private use or any other use which does not
significantly lend itself to the furtherance of one (1) or more
of the objectives described in paragraph (i) of this subsection.
"Open space" includes lands used for agricultural activities;
(v) "Private recreation" shall not include nature
trails or hiking trails;
(vi) "Residential unit" means a structure or part of
a structure containing dwelling units, including single family
or two-family houses, multiple dwellings or apartments.
Residential units do not include transient accommodations such
as transient hotels, motels, tourist cabins, boarding or rooming
houses or dormitories.