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User's Guide: This article allows innovative approaches
to housing and environmental design by authorizing the Planning Board
to reduce certain requirements of this chapter for applications proposing
clustered development.
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A.
The purpose of these provisions is to allow for innovative concepts of housing development where maximum variations of design may be allowed, provided that the net residential density shall be no greater than is permitted by this chapter or Chapter 125, Land Use.
B.
In addition, the purpose of allowing cluster development shall be
to encourage housing development which will result in:
To accomplish the purposes above, the layout and dimensional
requirements of this chapter may be reduced.
A.
The Board may reduce the layout and dimensional requirements of this
chapter for single-family, two-family, and multiple-family residential
developments, provided that such reductions do not increase net residential
density and the resulting undeveloped area is maintained as common
land.
B.
The Board shall not increase building height limitations.
C.
The modification of requirements permitted in this article shall
not require a variance, and no finding of undue hardship shall be
required.
All cluster developments approved by the Board shall meet all
of the following requirements:
A.
All the requirements and standards of these regulations, except those
dealing with road frontage, lot layout, and dimensions, shall be met.
B.
The minimum area of land in a cluster development shall be 10 acres
and shall consist of not fewer than five lots.
(1)
The total area of open space within the development shall be a minimum
of 25% of the total development.
(2)
The total area of open space shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area required by this chapter or Chapter 125, Land Use.
(3)
Areas designated as open space shall be protected by deed covenants
or easements.
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Note: For the purposes of this article, "open space" shall mean
undeveloped land that shall be left in its natural state. Open space
may be utilized, when appropriate, for nonintensive recreational use,
including construction of paths, playgrounds, and playing fields.
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C.
No building shall be constructed on soil types that are poorly drained.
D.
Distance between buildings shall not be less than 20 feet.
E.
Where a cluster development abuts a water body:
(1)
A portion of the shoreline, as well as reasonable access to it, shall
be part of the common land.
(2)
A usable portion of the land along the shore, as well as reasonable
access to it, shall be part of the open space land. This open space
land shall have a minimum depth of 100 feet from the normal high-water
line.
F.
In cluster developments all dwelling units within each cluster shall
be connected to a common water supply and distribution system, either
public or private. The Board may waive this requirement for clusters
where the dwelling units are located on lots of not less than one
acre in area.
G.
In cluster developments all dwelling units within each cluster shall
be connected to a common sewer system or to a central collection and
treatment system. The Board may waive this requirement for clusters
where the dwelling units are located on lots of not less than one
acre in area, provided that not fewer than two dwelling units are
connected to each sewage treatment system.
H.
Buildings shall be oriented with respect to scenic vistas, natural
landscape features, topography, south-facing slopes, and natural drainage
areas in accordance with an overall plan for site development and
landscaping.
