COM 0211.022 2004-2006 - Laserfiche WebLink

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"Section 23-23. Compliance with State and County regulations required. (a) Subdivisions shall conform to the County general plan and shall take into consideration preliminary plans made in anticipation thereof. Subdivisions shall conform to the requirements of State law, County department of public works, State department of health, State department of transportation, county department of environmental management, and County department of water supply requirements and the standards established by this chapter. (b) No subdivision of land classified as agricultural by the state land use commission, or zoned i-amily agricultural, a ricultural or intensive agricultural b the county, shall include: (1) covenants that restrict any agricultural practices except those that protect environmental or cultural resources; (2) a golf course with lots for residential use; (3) gated or limited entry t:~ more than four lots where access to the general public is restricted through the use of securit guards automatic gates and similar features of gated communities; or (4) any dwelling reater than 3500 square feet. (c) No land classified as agricultural by the state land use commission, or zoned family a ricultural, agricultural or intensive agricultural by the county shall be subdivided without proof that sufficient water will be available to support agricultural operations; provided that the director shall adopt by rule standards definin sufficient water to support agricultural operations as well as standards for ranting water variances. SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval and shall apply prospectively only to all subdivisions that have not received final subdivision plat approval by the effective date of this ordinance. This ordinance shall not apply to any subdivision that is the subject of a valid and enforceable development agreement approved prior to the effective date of this ordinance.