(1) The general assembly hereby finds and declares that:
It is in the public interest to encourage clustering of residential dwellings on tracts ofland that are exempt from subdivision regulation by county government pursuant to section 3028-101 (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.
Landowners should have the option to consider cluster development when subdividing land into parcels in a manner that constitutes an alternative to the traditional thirtyfive acre interests described in section 30-28-101 (10)(c)(I).
A process should be available for the development of parcels of land for residentialpurposes 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.
Source: L. 96: Entire part added, p. 1880, § 2, effective June 6.