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13-8-4. Definition of open space .

(1) Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space shall be restricted in perpetuity through the use of an approved legal instrument.

(2) The required open space areas shall be protected in perpetuity from further development or unauthorized use by a conservation easement or permanent restrictive covenant per Utah Code Annotated 57-18-4. Tooele County reserves the right to enforce all restrictive covenants and conservation easements per Utah Code Annotated 57-18-6. Uses of open space may include the following:

(a) conservation of natural, archeological, or historical resources;

(b) meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

(c) walking, equestrian, off-highway vehicle, or bicycle trails;

(d) passive recreation areas, such as open fields;

(e) active recreation areas which include 15% or less of the total open space area in impervious surfaces;

(f) agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts;

(g) landscaped stormwater management facilities, community wastewater disposal systems, and individual wastewater disposal systems located on soils particularly suited to such uses;

(h) easements for drainage, access, and underground utility lines; and

(i) other conservation-oriented uses compatible with the purposes of this (Ord.2005-21, 09/6/05)


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