[Amended 3-2-2021; 8-5-2025 by Ord. No. 25-82]
A.
A cluster residential development is a form of development which allows a developer to create smaller lots than required by the applicable zoning district regulations in the Rural and Suburban Residential Districts in return for setting aside a portion of the tract as permanent open space owned and maintained by a land trust or other conservation organization. The net residential density of the site shall remain the same as if the site were developed as a conventional subdivision. Each dwelling unit in a cluster residential development shall be placed on a separate lot, whether the dwelling unit is a single-family dwelling or part of a two-family or multifamily dwelling. The Planning Board may approve requests for cluster residential developments if it finds that the proposal conforms to the criteria listed below and is the best development form for the site.
B.
Notwithstanding other provisions of this Lane Use and Development Code relating to space and bulk, the Planning Board, in reviewing and approving proposed residential developments located in Gorham, may modify said provisions related to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.
(2)
Frontage. Each lot shall have frontage on a public street or a private way proposed by the applicant as follows:
(a)
In the Suburban Residential District: 75 feet.
(b)
In the Rural District: 100 feet.
(c)
Up to 10% of the lots in a cluster subdivision may have frontages reduced below the frontage requirements stated in this subsection but not below 25 feet. Lots with frontage reduced under this provision shall not be adjacent to more than one other lot with such a reduced frontage, as determined at the front lot line.
C.
Innovate approaches to residential layout and environmental design shall be subject to the following performance standards:
(1)
The minimum common open space requirement shall be:
(a)
At least 40% of the total area of the tract or parcel of land being developed must be maintained as common open space and not be included in the individual building lots.
(b)
The following "high-value conservation areas" shall be considered when determining the area(s) within the subdivision to be allocated to the 40% required common open space.
(c)
Land deemed to be in excess of the 40% requirement, up to 50% of the total land area, may be required by the Planning Board as additional open space if the area contains land that meets the requirements of the "high-value conservation areas." The Planning Board must review the overall intent of the chapter as well as the impact on the design of the buildable lots and infrastructure of the subdivision in determining if the additional land should be included in the common open space.
(d)
Active open space shall be required for subdivisions with more than 25 lots and/or dwelling units. Active open space is for active recreation and maintenance for recreation use, including playgrounds, tennis courts, ball fields, basketball courts and similar facilities. A part or all of the active open space may, at the option of the Town, be dedicated for acceptance by the Town for operation as a municipal recreation facility. The following table provides the minimum active open space reservations required in cluster subdivisions:
Average Density Per Dwelling Unit (square feet) | Active Open Space Required (percentage of subdivision open space) |
|---|---|
80,000 or more | 1.5% |
40,000 to 79,999 | 2.5% |
20,000 to 39,999 | 4% |
10,000 to 19,000 | 5% |
(2)
High-value conservation areas:
(a)
Existing trails (bike, hiking, cross-country skiing, snowshoeing, horseback riding or snowmobiling) that connect with existing trails on Town-owned land or with existing trails on abutting land protected by a conservation easement or other written agreement.
(b)
Existing healthy, native forests of at least five contiguous acres.
(c)
Habitats of endangered or threatened species.
(d)
Significant wildlife habitats as defined by the Maine Department of Inland Fisheries and Wildlife or the municipality.
(e)
Significant natural features and scenic views such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.
(f)
Archaeological sites, historic structures, cemeteries and burial grounds.
(g)
Prime farmlands, farmland of statewide and/or local importance of at least one contiguous acre.
(h)
Land being actively farmed and which will remain active farmland of at least one contiguous acre.
(3)
The subdivision shall be in compliance with all state and local codes and ordinances.
(4)
There shall be no approval of any proposed development which exceeds the allowable net residential densities permitted without appeal in the district in which it is located.
(5)
Common open space shall be usable for recreational or other outdoor living purposes and for preserving large trees, groves, woods, ponds, streams, glens, rock outcrops, native plant life and wildlife cover. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Residual open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for agricultural or conservation purposes.
(a)
The uses of common open space may include:
[1]
Passive recreation, such as hiking, walking, running, biking, snowshoeing, cross-country skiing, picnicking, bird-watching, hunting, fishing and other low-impact recreational activities that do not significantly alter the natural common open space;
[2]
Operation of snowmobiles or ATVs on existing snowmobile or ATV trails;
[3]
Agriculture, horticulture, silviculture or pasture uses, provided that all best management practices are utilized to minimize environmental impacts;
[4]
Nonstructural stormwater management, such as rain gardens and forested buffers;
[5]
Easements for drainage, access and underground utility lines;
[6]
Other conservation-oriented uses such as community gardens, compatible with the purposes of this article; and
[7]
Parking lots for trail head use with no more than 10 parking spaces and associated drive aisles.
(b)
The following uses are prohibited uses of common open space:
[1]
Roads, parking lots and impervious surfaces, except as specifically authorized in this article;
[2]
Subsurface wastewater disposal systems and wells;
[3]
Built stormwater management systems such as, but not limited to, ponds, underdrain ponds, catch basins and pipes;
[4]
Dumping or disposal of any type of yard waste, household waste, hazardous waste or other debris, organic or inorganic;
[5]
Cutting vegetation, except for annual mowing related to agricultural uses or to prevent shrub growth from overtaking protected fields, forest management of trees with an approved forest management plan written by a Maine licensed forester, or dead, diseased or dying trees as identified by a licensed Maine arborist. Removal of invasive species as identified by the Maine Department of Agriculture, Conservation and Forestry is exempt from this section;
[6]
Altering approved common open space;
[7]
Additional structures being placed in the common open space without prior Planning Board approval; and
[8]
Other activities as determined by the applicant and recorded on an instrument providing permanent protection such as deed restrictions.
(c)
Common open space ownership may include any of the following (with a preference to the order below):
[1]
Ownership by a conservation organization approved by the Planning Board with permanent restrictions on its future use; or
[2]
Ownership by the Town with or without a conservation easement to a conservation organization approved by the Town Council and Planning Board.
[3]
Ownership by a homeowners' association conditioned on forever being maintained as common open space and there shall be no further subdivision of this land nor buildings constructed upon it without further Planning Board review. The land may also have a conservation easement on it to the Town or a conservation organization approved by the Planning Board.
(6)
The first meeting with the Planning Board shall be conceptual design review, and shall precede submission of a preliminary subdivision review application. The conceptual design review shall include the submission of an existing site resource map, identifying both significant natural and cultural resources. It is not required that this be an engineered plan but a surveyed plan that shows wetlands, shoreland areas, significant habitat corridors, rare or endangered habitat, roads and buildings within 100 feet of the property, indication of overall stormwater flow direction, species and size of existing trees, historic and cultural resources such as existing barns, trails, cellar holes, stone walls, and other noteworthy features unique to the property. The existing site resource map shall not include proposed roads or subdivision lots. The intent of this phase of review is for there to be an opportunity to build greater Planning Board, applicant, and open space holder consensus on critical resources and overall design of the project. The developer shall include in the overall design team either a licensed landscape architect or a natural resource planner. The landscape architect or natural resource planner shall provide a written narrative of the existing site resource maps detailing critical areas with a recommendation about the features which should be preserved in the open space.
(a)
It is intended that the open space shall be designed first, and the built environment shall be constructed in the remaining areas. During the conceptual design review process, the Board shall determine whether or not the open space layout, design and configuration is appropriate based on the size of the parcel to be developed and consistent with the goals outlined under this section and those outlined in the Town's Comprehensive Plan.
(b)
The developer shall take into consideration the following points, and shall illustrate the treatment of spaces, paths, roads, service and parking areas and other features required in the proposal:
[1]
Orientation. Buildings and other improvements shall respect scenic vistas and natural features.
[2]
Streets. Access from public ways, internal circulation and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow clearance, street maintenance, delivery and collection services. Streets shall be laid out and constructed consistent with local requirements. Driveways shall be located onto interior road networks to the greatest extent practical. Curb cuts for driveways and new streets on any collector roads, arterial roads or Maine state DOT numbered routes shall meet standards for access management as specified in Article 2-5, § 300-2.37.1.
[Amended 2-6-2024 by Ord. No. 24-17]
[3]
Drainage. Adequate provision shall be made for stormwater, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means.
[4]
Sewage disposal. Adequate provision shall be made for sewage disposal and shall take into consideration soil conditions and potential pollution of surface or ground waters. The plans shall show the location of two passing soils areas on each lot proposed. One of the test pits should be labeled as "primary," which will be utilized for initial construction, with the second test pit being identified as "reserve" and utilized when the first septic system declines.
[5]
Water supply. Adequate provision shall be made for both ordinary use as well as special fire needs.
[7]
Recreation. Facilities shall be provided consistent with the development proposal.
[8]
Buffering. Planting, landscaping, disposition and form of buildings and other improvements, or fencing and screening shall be utilized to integrate the proposed development with the landscape and the character of any surrounding development. Buffers of at least 50 feet in width shall be created around the entire perimeter of the subdivision unless the subdivision abuts another cluster residential development or the Planning Board finds the design of the subdivision matches the existing development pattern of the area. Where possible, existing trees and vegetation shall be preserved in the buffers, except that invasive vegetation may be removed. The Planning Board may require landscaping or other features as necessary to break up the proposed development from abutting properties should the fifty-foot buffer not provide adequate buffering.
[9]
Disposition of buildings shall recognize the need for natural light and ventilation.
(7)
For purposes of this section, the tract or parcel of land involved must be either in single ownership or the subject of an application filed jointly by the owners of all the property included.
(8)
Common open space shall be dedicated after approval of the project. There shall be no further subdivision of this land nor buildings constructed upon it without further planning review and which would cause the net residential density to exceed the density permitted in that district.
(9)
The common open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:
(10)
Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the common land shall be approved by the Planning Board and included in the deed for each lot.
(11)
This homeowners' association shall have the responsibility of maintaining the common open space(s) and operation and maintenance of local neighborhood recreational facilities within such open space(s).
(12)
The developer or subdivider shall maintain control of such open space(s) and be responsible for its maintenance until development sufficient to support the association has taken place or, alternatively, the objectives of clustering have been met. Such determination shall be made by the Planning Board upon request of the homeowners' association or the developer or subdivider.