A. Applicability of provisions. The provisions of this Chapter are discretionary, and may be applied where the Planning Official determines that such application to a particular land division will provide protection, preservation or enhancement of significant sensitive or cultural resources. The provisions of this Chapter will not be applied where such application is inconsistent with these purposes, or presents a threat to health or safety. The provisions of this Chapter shall not be construed to create a vested right or interest.

B. For sensitive resources. On-Site Density Transfer may be applied to land divisions pursuant to Chapters 20.320 VMC, Subdivisions, upon properties within the Low-Density Residential Zoning Districts, as governed by Chapter 20.410 VMC, where the presence of sensitive resources, as defined in Chapter 20.150 VMC, Definitions, limit the area available for development. For purposes of the density transfer, the sensitive resource area(s) set aside pursuant to this Chapter must be equal to or greater than the minimum lot size for the underlying zone, and the nonsensitive portion of the property must be able to accommodate more dense development. For example, if the subject property is zoned R-6, then the amount of sensitive resource area must be 7,500 square feet or more.

C. Provisions and land divisions. When the provisions of this Chapter are applied concurrently with land division pursuant to Chapter 20.320 VMC, Subdivisions, the minimum lot size provisions of Section 20.410.050(B) VMC are not applicable, and are replaced by the provisions of this Chapter. The maximum density of the development, as applied to the entire subject property, shall not be increased beyond that of the underlying zone.

D. Exemption. The provisions in this Chapter do not apply to planned developments that are regulated by Chapter 20.260 VMC. (Ord. M-3643, 2004)