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.
B. 
Types of cluster developments. The types of cluster developments that may be approved are as follows:
(1) 
A-1 cluster development.
(2) 
Residential cluster development.
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:
(a) 
Reviewed by the Wicomico County Health Department; and
(b) 
The type of system actually used on the site shall be as approved by the Health Department.
(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:
(a) 
Streams and stream buffers;
(b) 
Known habitats of threatened and endangered species;
(c) 
The most productive agriculture land;
(d) 
Steep slopes;
(e) 
Nontidal wetlands and their buffers; and
(f) 
Riparian forest buffers (measured 50 feet from streams and watercourses).
(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.
F. 
Development standards.
(1) 
The setback requirements shall be as stated in Part 7.
(2) 
Vegetated buffer: 50 feet between development areas and any adjacent agriculture use or activity.
(3) 
All lots shall front and have access on an interior street system.
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:
[1] 
Be located 400 feet in width from the boundary of the developed area to the property line of the tract; and
[2] 
Provide for appropriate buffering adjacent to the developed area of the property.
(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.
(5) 
Cluster open space. The open space area required in a residential cluster development shall be a percentage of the gross site area as follows:
(a) 
R-8: 15%.
(b) 
R-15: 25%.
(c) 
R-20 and R-30: 30%.
(d) 
TT: 20%.
(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.
[2] 
The cluster open space shall be provided in the form of internal open space and peripheral open space as provided in Subsection B(3) above.
(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.