Contents
Introduction To The Ordinance
Brief Overview Of Conservation Subdivisions
Additional Resources
1.	 General Provisions
1.1 Title.
1.2 Purposes.
1.3 Statutory Authorization.
1.4 Jurisdiction.
1.5 Applicability and Compliance.
1.6 Abrogation and Greater Restrictions.
1.7 Interpretation.
1.8 Separability.
1.9 Enforcement, Violations, Penalties.
1.10 Modifications.
1.11 Fees.
2. Definitions
3. Application Procedure and Approval Process
3.1 Initial Conference.
3.2 Initial Application.
3.3 Review of Initial Application.
3.4 Preliminary Plat Review and Approval Procedures.
3.5 Preliminary Plat Requirements.
3.6 Final Plat Review and Approval Procedures.
3.7 Final Plat Requirements.
3.8 Certified Survey Maps.
4. Requirements for Design and Improvements
4.1 Land Suitability.
4.2 Development Yield.
4.3 Performance Standards.
	4.4 Financial Guarantee.
5. Ownership and Maintenance of Open Space and Common Facilities
5.1 Alternatives.
5.2 Homeowners’ Association.
5.3 Condominium Associations.
5.4 A Nonprofit Conservation Organization.
5.5 Public Dedication of Open Space and Streets.
5.6 Individual Ownership.
5.7 Maintenance Plan.

1. General Provisions
1.1 	Title. These regulations shall officially be known, cited, and referred to as the
Conservation Subdivision Ordinance of Virgin Town, Utah

1.2 	Purposes. This Ordinance is adopted for the following purposes:
1. To guide the future growth and development of the community consistent
with Virgin Town’s adopted master plan.
2. To guide the detailed analysis of the development parcel so as to locate and
coordinate appropriate areas for development and conservation.
3. To preserve the rural character through the permanent preservation of
meaningful open space and sensitive natural resources.
4. To preserve scenic views by minimizing views of new development from
existing roads.
5. To preserve prime agricultural land by concentrating housing on lands that
have low agricultural potential.
6. To provide commonly-owned open space areas for passive and/or active
recreational use by residents of the development and, where specified, the
larger community.
7. To provide for a diversity of lot sizes, housing choices and building densities
to accommodate a variety of age and income groups.
8. To provide buffering between residential development and non-residential
uses.
9. To protect and restore environmentally sensitive areas and biological
diversity, minimize disturbance to existing vegetation, and maintain
environmental corridors.
10. To preserve significant archaeological sites, historic buildings and their
settings.
11. To meet demand for housing in a rural setting.

4. Requirements for Design and Improvements

4.1	Land Suitability. 
No land shall be developed which is held to be unsuitable for
any proposed use if identified as being environmentally sensitive. Areas
identified as being environmentally sensitive include, but are not limited to:

1. All areas mapped as Floodplain by the Federal Emergency Management
Agency (FEMA), Utah Department of Natural Resources, or other
public or private entity.
2. All wetlands as defined in Federal and Utah StateCode, including a [75] foot buffer.
3. All areas within [75] feet of the ordinary high-water mark of streams 
4. All areas having slopes greater than 15 percent.
5. Areas that are known to provide habitat for rare, threatened or endangered
species.
6. Burial sites and Indian mounds.
7. Drainage ways that contain running water during spring runoff, during storm
events or when it rains. A 25 foot buffer from the edge of the drainage way
shall be included. Areas determined to be environmentally sensitive may be included as common open space in a conservation subdivision but shall not be included in the development yield analysis in section 3.2. These lands shall be identified as an outlot or other designation that indicates the land is not available for development.

4.2	Development Yield. 
The number of residential units for a parcel shall be
determined in accordance with the following:
1. The development yield analysis in section 3.2 shall establish the base
development yield for the parcel.
2. The base development yield may be increased if the development complies
with one or more of the following standards. Each standard provides a
development yield bonus of [5]% in addition to the base development yield.
The maximum bonus permitted is [20%].
a. Creating an endowment where the principal would generate sufficient
annual interest to cover the conservation easement holder’s yearly costs
(taxes, insurance, maintenance, enforcement, etc.).
b. Providing for access by the general public to trails, parks, or other
recreational facilities, excluding golf courses.
c. Providing affordable housing, to include a minimum of 25 percent of all
units that would be affordable to moderate-income households, as
defined by the U.S. Department of Housing and Urban Development.
d. Reusing historical buildings and structures, including those sites
inventoried by the State Historical Society of Utah. The U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic
Properties shall apply.

4.3 Performance Standards
1. General considerations
a. Conservation subdivisions shall identify a conservation theme or themes. This theme shall be identified at the time of the initial application.
Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural
habitat restoration, viewshed preservation, or archaeological and historic
properties preservation. The Planning and Zoning Commission shall have the ability to specify which areas shall be preserved.
b. The residential lot shall be large enough to accommodate a house and
two car garage.
2. Residential Lot Requirements
a. Minimum Lot Size
_ Septic on-site: [1] acre.
_ Septic off-lot: [1/4 acre].
b. Principal Building Setbacks
_ Front lot line: [30] feet
_ Side lot line: [10] feet
_ Rear lot line: [20] feet
c. Accessory Building Setbacks
_ Side lot line: [15] feet
_ Rear lot line: [10] feet
d. Lots shall be configured to minimize the amount of impervious surfaces. Maximum Lot Coverage: [35]% (includes buildings and other impervious surfaces).
e. Maximum Building Height: [35] feet
f. Most lots shall take access from interior local streets. Existing farmsteads to be preserved will have a driveway as part of the historic landscape that does not access a local street but should be preserved.
g. Lots shall be configured to minimize the amount of road length required for the subdivision.
h. Development envelopes shall be configured to minimize loss of woodlands.
i. If agricultural uses are being maintained, lots shall be configured in a manner that maximizes the usable area remaining for such agricultural uses with appropriate buffers between agricultural uses and residential structures.
j. All lots within a neighborhood shall abut open space on at least one side. A local street may separate lots from the open space.
k. Lots shall be oriented around one or more of the following:
i. A central green or square.
ii. A physical amenity such as a meadow, a stand of trees, or some other natural or restored feature.
1. Development envelopes should not be located on ridges, hilltops, along peripheral public roads or in other visually prominent areas.
m. Residential structures shall be oriented to maximize solar gain in the winter months.
n. A 30 foot native vegetation buffer shall be maintained around open water areas.
o. Stormwater management .
i. Minimize the use of curb and gutter and maximize the use of open swales.
ii. Roof down spouts should drain to porous surfaces.
iii. Peak discharges during the 2 and 10 year storm events shall be no more than
predeveloped conditions.
iv. The development should capture 80% of the sediments/pollutants from the 1 year
storm event.
v. Landscape plantings should be used to increase infiltration and decrease
runoff.
vi. Natural open drainage systems shall be preserved.  ( i.e. washes and dry river beds)
3. Residential Cluster Siting Standards
a. All residential lots and dwellings shall be grouped into clusters. Each cluster shall contain no more than [20] dwelling units and no less than [5] units.
b. Residential clusters shall be located to minimize negative impacts on the natural, scenic and cultural resources of the site and conflicts between incompatible uses.
c. Residential clusters shall avoid encroaching on rare plant communities, high quality sites, or endangered species identified by the Department of Natural Resources.
d. Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and local or regional recreational trails.
e. Residential clusters should be sited to achieve the following goals, to the extent practicable.
i. Minimize impacts to prime farmland soils and large tracts of land in agricultural use, and avoid interference with normal agricultural practices.
ii. Minimize disturbance to woodlands, wetlands, grasslands, and mature trees.
iii. Prevent downstream impacts due to runoff through adequate on-site storm water management practices.
iv. Protect scenic views of open land from adjacent roads. Visual impact should be minimized through use of landscaping or other features.
v. Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.
f. Landscaping around the cluster may be necessary to reduce off site views of residences.

4. Open Space Design
a. Common Open Space. The minimum open space required shall be owned and maintained under one of the alternatives listed in section 5, as approved by the Town of Virgin. The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public providing the proper approvals are received. The required open space shall be undivided and restricted in perpetuity from future development, as specified in Section 5.
b. Open space shall be designated as part of the development. The minimum required open space is 60 % of the gross acreage.
c. Open Space Conservation Ranking (in order of significance). The areas to be preserved shall be identified on a case-by-case basis in an effort to conserve and provide the best opportunities to restore and enlarge the best quality natural features of each particular site.
i. First priority will be given to intact natural communities, rare and endangered species, environmental corridors, natural and restored prairies, significant historic and archaeological properties, and steep slopes.
ii. Second priority will be given to areas providing some plant and wildlife habitat and open space values.
iii. Third priority will be given to areas providing little habitat but providing viewshed, recreation, or a sense of open space.
d. The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:
i. parking areas for access to and use of the open space developed at a scale limited to the potential users of the open space.
ii. privately-held buildings or structures provided they are accessory to the use of the open space.
iii. Shared septic systems and shared potable water systems.
e. Road rights of way shall not be counted towards the required minimum open space.
f No more than 50 percent of the required open space may consist of water bodies, ponds, floodplain, or wetlands.
g. That portion of open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.
h. Accessible open space in upland areas shall be available for recreational uses such as trails, play fields, or community gardens but should be designed in a manner that avoids adversely impacting archeological sites.
i. A pathway system connecting open space areas accessible to neighborhood residents, and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.

5. Street Standards
a. Neighborhood streets may take the form of a two-way street, a pair of one-way streets on either side of a landscaped median, or a one-way loop street around a small neighborhood green. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation:
b. The applicant must demonstrate that access to the development has the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public.
c. Streets shall have the following design standards:
i. Right-of-way widths. The right-of-way width for each road shall be wide enough to provide for all public services, including roadway drainage, sidewalks, trails, and walkways and utilities. The minimum right-of-way shall be provided in accordance with the following:

Right-of-Way               ADT less than 250                   ADT over 250
One-way roadway               20’                                               30’
Two-way roadway              40’                                               50’

ii. Travel land widths for local roads shall be determined by the expected average daily traffic (ADT) and shall be within the following ranges:
  
Travel Lanes                       ADT < 100              100-250 ADT                 >250
Two-way roadway*              18’-24’                     20’-26’                       22’-28’
One-way roadway*              11’-13’                     11’-13’                       11’-14’
(curbed sections**)                 13’                             13’                            13’
Shoulder or gutter
Pan width                             2’-4’                        2’ – 4’                         2’ – 4’

*Does not include shoulder or gutter pan.
**Measured from curb face to curb face.

d. Additional Standards:
i. Design Speed: Maximum 25 miles per hour.
ii. Vertical Curves: Minimum 50’ (when grade difference less than 1%, no curve is needed).
iii. Horizontal Curves: Minimum radius of 125’
iv. Road Grades: Maximum grade 8%
v. Super-elevation: Maximum e= 0.04 feet/feet
vi. Pavement Strength: 7 ton minimum
viii. Clear Zones:
_ Shoulder sections: 10’ from edge of travel lane
_ Curbed sections: 2’ from face of curb
ix. Bridges: Width shall be traveled way, plus 2’ each side. Design Loading for Structural Capacity HS-20, plus 5’ sidewalk necessary to maintain pedestrian crossing.
x. Cul-de-sacs should be designed as semi-circular and circular loop roads. Minimum 30’ outside radius around a landscaped island with an minimum 10’ radius. Open space internal to these road features can be counted toward the open space requirements.
xi. Sidewalks, trails, and other walkways. Minimum 5 feet width.

e. Street connections to adjacent parcels shall be provided in logical locations to avoid creating landlocked parcels and provide for connecting street patterns.
f. Streets that serve as collectors, interconnecting subdivisions and other major traffic generators, shall be designed according to Virgin Town’s standards for collector roads.
g. Where streets will connect with streets having differing standards, the street dimensions shall be the same as those of the connecting street. All street widenings shall occur at the nearest intersection.
h. The developed area should have sidewalks on at least one side of the street. Unless waived by Virgin Town Council.

6. Sewage and Water Facilities
a. Water for a conservation subdivision shall be provided by approved hookups to water district supply.
b. All conservation subdivisions shall be provided with adequate septic systems. Either separate, shared, or community, as determined by Utah state Health Department.  Where sewage treatment is not provided by a publicly owned wastewater treatment works, a common sewage treatment and disposal unit located on the common open space lands is encouraged.

4.4 Financial Guarantee. 
A financial guarantee ensuring the construction and
completion of the common facilities shall be submitted to the [planning
department, Zoning administrator].

5. Ownership and Maintenance of Open Space and Common
Facilities

5.1 Alternatives. 
The designated common open space and common facilities may be owned
and managed by one or a combination of the following:
1. A homeowners’ association.
2. A condominium association established in accordance with the laws of the State Of Utah.
3. A nonprofit conservation organization.
4. The Town of Virgin or another governmental body
empowered to hold an interest in real property.
5. An individual who will use the land for open space purposes as provided by
a conservation easement.
5.2 Homeowners’ Association. 
A homeowners association shall be established if
the common open space is proposed to be owned by a homeowners association.
Membership in the association is mandatory for all purchasers of homes in the
development and their successors. The homeowners’ association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval to the [name of city, village, town or county] as part of the information required for the preliminary plat. The homeowners’ association bylaws or the declaration of covenants, conditions and restrictions of the homeowners association shall contain the following information:
1. The legal description of the common land;
2. A description of common facilities;
3. The restrictions placed upon the use and enjoyment of the lands or facilities;
4. Persons or entities entitled to enforce the restrictions;
5. A mechanism to assess and enforce the common expenses for the land or
facilities including upkeep and maintenance expenses, real estate taxes and
insurance premiums;
6. A mechanism for resolving disputes among the owners or association
members;
7. The conditions and timing of the transfer of ownership and control of land
facilities to the association;
8. Any other matter the developer deems appropriate.

5.3 Condominium Associations. 
If the common open space and facilities is to be held under the Condominium Ownership Act, the condominium instruments shall identify the restrictions placed upon
the use and enjoyment of the common open space. All common open space shall
be held as a “common element” .

5.4 A Nonprofit Conservation Organization. 
If the common open space is to be held by a nonprofit conservation organization, the organization must be acceptable to the Town of Virgin. The conveyance to the nonprofit conservation organization must contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance.

5.5 Public Dedication of Open Space and Streets.
1. The Town of Virgin may accept the dedication of fee title or
dedication of a conservation easement to the common open space. The [city,
village, town, county] may accept the common open space provided:
a. The common open space is accessible to the residents of the Town of Virgin
b. The Town of Virgin agrees to and has access to maintain the
common open space.
2. Streets or other public ways which have been designated on a duly adopted
official map or element of the Virgin Town general Plan shall be dedicated or reserved by the subdivider to the Town of Virgin. The street or public way shall be made a part of the plat in the locations and dimensions indicated in the comprehensive plan and as set forth in this Ordinance.

5.6 Individual Ownership. 
An individual may hold fee title to the land while a nonprofit or other qualified organization holds a conservation easement uses for the common open space.

5.7 Maintenance Plan. 
Every conservation subdivision must include a plan that
provides evidence of a means to properly manage the common open space in
perpetuity and evidence of the long-term means to properly manage and maintain
all common facilities, including any storm water facilities. The plan shall be
approved by, the Virgin Town Council prior to final plat approval.
1. The plan shall do the following:
a. Designate the ownership of the open space and common facilities in accordance with section 5.1.
b. Establish necessary regular and periodic operation and maintenance
responsibilities.
c. Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis.
d. Include a land stewardship plan specifically focusing on the long-term
management of common open space lands. The land stewardship plan shall include a narrative, based on the site analysis required in section 3.2,
describing:
i. Existing conditions including all natural, cultural, historic, and scenic elements in the landscape.
ii. The proposed end state for each common open space area; and the measures proposed for achieving the end state.
iii. Proposed restoration measures, including: Measures for correcting increasingly destructive conditions, such as erosion; and measures for restoring historic features and habitats or ecosystems.
iv. The operations needed for maintaining the stability of the resources, including: mowing schedules; weed control; planting schedules; clearing and cleanup; at Virgin Town’s discretion, the applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year.
2. In the event that the organization established to own and maintain the open space and common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition
upon the residents and owners of the open space and common facilities, setting forth the manner in which the organization has failed to maintain the common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation this Ordinance, in which case the bond, if any, may be forfeited, and any permits may be revoked or suspended. The Town of Virgin may enter the premises and take corrective action.
a. The costs of corrective action by the Virgin Town Council, shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Town of Virgin, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
3. Management plans can be amended by the owner identified under section 5.1 with the approval of the Virgin Town Council.