TA23-01 Conservation Resource Standards Applicability ClarificationSection 5.7. Conservation Resources
5.7.2. APPLICABILITY
A. Unless exempted by subsection C below, the development and improvement of a parcel of
record existing on December 1, 1984, including the division of land, shall be subject to these
performance controls, The development, improvement, and division of land of any parcel of
record shall be subject to these performance controls if the parcel is associated with any
conservation resources identified in Table 5.7.2.A: Minimum Distinct Area of Conservation
Resources, having a corresponding minimum distinct area identified in Table 5.7.2.A. A parcel is
considered to be associated with a conservation resource if either the resource is contained
partially or wholly on the parcel or if the resource is located next to a parcel such that the
resource setback specified in Section 5.7.4, Additional Performance Controls, extends into the
parcel.
B. The most recent officially adopted maps of, and information concerning, resources identified in
subsection A above are available for review at the County Planning and Land Use Department.
These maps serve as an initial resource to determine if a parcel is associated with conservation
resources identified in subsection A above, but all conservation resources outlined above shall
be identified on all required site plans, regardless of whether they are identified on County
maps. [05-03-2021]
C. The effective date of the provisions found in Section 5.7 was December 1, 1984, and they apply
to all subsequently created parcels and the development of those parcels. Development on
parcels of record in existence prior to December 1, 1984 are subject to the requirements of this
section unless they meet one of the following criteria are exempt from the requirements of this
article.
1. The development of one single family home detached structure, one residential duplex,
or the location of two or fewer mobile homes on a parcel of record created prior to
December 1, 1984.
2. Commercial, industrial, office or institutional development on lots of record created
prior to December 1, 1984 that involve involving a land disturbance of less than one acre
in area.
3. The development or division of a parcel of record created prior to December 1, 1984 that
meets both of the following conditions:
a. No part of the development or division shall be located within a distance
equal to or less than the setback distance specified in Section 5.7.4, Additional
Performance Controls, of any conservation resource or space existing on the
parcel or on a contiguous parcel of record.
b. No part of the development or division shall be located on any portion of the
parcel that is part of the upper drainage basin for any conservation resource
or space on the parcel or within the specified setback on a contiguous parcel
of record.