A.
Purpose. The purpose of this section is:
(1)
To encourage innovative and creative cluster design
of residential developments.
(2)
To encourage more efficient use of land and services
in order to reduce construction and maintenance costs, reflect changes
in technology in land development and minimize the operating costs
of service delivery and utility systems.
(3)
To preserve agriculture lands and enhance the rural
atmosphere and visual character in the county.
C.
Review of proposed cluster development. The subdivider shall submit a plan consistent with the provisions of Chapter 200, entitled "Subdivision of Land," for a cluster development to the Planning Director for review and comment and to the Planning Commission for its review and final action as follows:
(1)
The application for a cluster development shall include
a plan, which shows the uses proposed for the entire development.
(2)
The application for a cluster development must be
accompanied by a proposed method for addressing sewage treatment.
All such systems must first be:
(3)
In the event that any relief from the terms of this
chapter is required to accommodate the special needs of the cluster
development, the Planning Commission may by special exception grant
such relief.
A.
Where applicable. Cluster development may be permitted in the A-1 Agriculture-Rural District, for residential cluster purposes, subject to the standards contained in Subsection F hereof, entitled "Development standards."
B.
Applicability and minimum land area requirements.
A proposed A-1 cluster development shall be eligible for consideration
under the provisions of this section only if the following requirements
are met:
(1)
The applicant shall have legal or equitable title
to the property or shall otherwise have a legally documented financial
interest in the real property which is the subject of the application.
(2)
The proposed development shall contain the necessary
contiguous acres that may be divided by a road or stream wholly located
with the A-1 Agriculture-Rural District.
C.
Permitted density. The following rules apply in A-1
cluster development:
(1)
The maximum density permitted shall be as established
in the Schedule of Maximum Permitted Residential Densities.
D.
The minimum open space area required in an A-1 cluster
development shall be 50% of the gross site area.
E.
Cluster requirements.
(1)
To the greatest extent possible, cluster open space
shall include:
(2)
Required open space may be retained by the landowner
or sold. Agriculture and/or forestry uses may continue on the open
space.
(3)
Cluster open space shall be protected by legal arrangements
satisfactory to the County Attorney or its designee to assure maintenance
and preservation of open space for its intended purposes.
A.
Where applicable. The residential cluster development may be permitted in the R-8, R-15, R-20 and R-30 Residential Districts and TT Town Transition District subject to the standards contained in Subsection B.
B.
Development standards. The following development standards
shall apply to residential cluster developments:
(1)
The maximum number of lots or units allowed on the site shall be as established in § 225-75, Schedule of Maximum Permitted Residential Densities.
(2)
The proposed site of the cluster development shall
contain a contiguous land area that may be divided by a road or stream.
(3)
Peripheral open space setback areas shall be established
for the entire site. Peripheral open space shall be required surrounding
a residential cluster development where conditions exist adjacent
to the tracts as specified below:
(a)
A peripheral open space area of a minimum width
of:
[1]
One hundred feet where the tract abuts any roadway
classified by the State Highway Administration as an arterial highway;
[2]
Fifty feet where the tract abuts any other public
road and where the tract is adjacent to existing developed land; or
[3]
Thirty-five feet where the tract is adjacent
to an existing tract of agricultural land, open space, public parkland
or an undeveloped tract.
(b)
Peripheral open space areas may be used for
agricultural purposes, including woodlands, with the approval of the
Planning Commission. Peripheral open space areas used for agricultural
purposes shall:
(c)
Unless peripheral open space areas abut an arterial
highway and the highway contains existing mature trees and vegetation,
such areas shall be densely planted with a mixture of indigenous tree
species to achieve a year-round visually solid screen, provided no
trees are planted so near an intersection as to cause a sight distance
problem within five years.
(4)
Once all perimeter setbacks/peripheral open spaces
have been provided, individual lot area, width requirements and other
bulk regulations shall be approved by the Planning Commission.
(6)
Clustering requirements.
(a)
Cluster open space shall be used for social,
recreational, and/or natural environment preservation purposes.
[1]
The uses authorized must be appropriate to the
character of the cluster open space, including topography, size, and
vegetation; as well as to the character of development, including
its size and density, the characteristics of the expected population,
and the number and type of dwellings to be provided.
(b)
To the greatest extent possible, cluster open
space shall include all environmentally sensitive areas, including
areas with slopes greater than 25%, one-hundred-year floodplains,
wetlands, areas of seasonally high water, and other such environmentally
sensitive areas as may be determined by the Planning Commission. To
this end, up to 70% of the required cluster open space may include
these areas, if the cluster open space includes a hiker/equestrian
trail system or other passive recreation area approved by the Planning
Commission.
(c)
Internal open spaces shall be landscaped and
designed as village commons, town squares, or neighborhood parks.
(d)
Cluster open space, particularly peripheral
open space areas, containing existing attractive or unique natural
features, such as streams, creeks, ponds, woodlands, specimen trees,
and other areas of mature vegetation worthy of preservation may be
left unimproved and in a natural state. Existing man-made features,
such as farmsteads and historic sites, may be preserved by incorporating
them within cluster open space.
(e)
Cluster open space may include permitted agriculture
uses.
[1]
Use of agricultural lands to meet open space
requirements shall be encouraged when the site contains few significant
natural features.
[2]
Where the minimum residential lot size in the
development is 40,000 square feet or greater, the required open space
may be retained in agricultural use.
[3]
The open space agricultural use may be divided
into parcels of 15 acres or more with one dwelling unit located on
each parcel.
[4]
Dwellings so located within the required open
space will count in calculating the overall density of the cluster
subdivision.
(f)
The buildings, structures, and improvements
permitted in the cluster open space shall be appropriate to the authorized
uses and shall conserve and enhance the amenities of the cluster open
space with regard to its topography and unimproved condition.
(g)
Cluster open space shall be protected by legal
arrangements satisfactory to the County Attorney or its designee to
assure maintenance and preservation of open space for its intended
purposes.