(A) Purpose. The purpose of cluster development is to permit a procedure for development which will result in improved living and working environments; will promote more economic subdivision layout; will encourage a variety of types of residential dwellings; will encourage ingenuity and originality in total subdivision and individual site design; and can preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the cluster net tract area. Cluster subdivisions allow for higher concentration of residential uses and should thus be of a higher standard of development.
(1) Variations in lot sizes are permitted.
(2) Procedures are established to assure adequate maintenance of open space areas for the benefit of the inhabitants of the subdivisions.
(B) Dwelling types and acreage.
(1) Only single-family attached and detached residential dwellings and duplexes that are allowed in the respective residential district may be permitted in cluster developments.
(2) Cluster developments shall consist of at least a five-acre tract, except that cluster developments that are found by the Planning Board to be a logical extension of an existing or approved cluster development, may contain a smaller acreage.
(3) The final size and dimension of each and every lot within the cluster shall reside with the developer, however in no case shall any lot size or dimension be reduced by more than 50% as required for the proposed use/dwelling type in its respective zoning district. Further, in no case shall any lot for the purpose of residential use be reduced to a size or dimension that is unbuildable per city subdivision and zoning ordinances.
(C) Maximum number of lots. To determine the maximum number of lots, subtract 20% (the approximate area needed for roadways and standard open space requirements) from the gross area of land to be developed; divide by the minimum lot size within the respective district for the proposed use/dwelling type. When a development features more than two zoning districts or housing types separate calculations shall be provided for each district or area.
(D) Subdivision approval required. No cluster development may be constructed except in accordance with a preliminary subdivision plat approved by the Planning Board, and then a final plat approved by the Subdivision Administrator.
(E) Modification of yard and lot requirements. Such modifications or reductions are permitted so long as they are indicated in the preliminary subdivision plat; however, the particular yard (normally the back or side) abutting the boundary of the entire cluster development site shall not be less than the minimum requirement for the R-10 district.
(F) Common or open space.
(1) Open space standards. At the discretion of the developer, a cluster development may utilize a range of lot sizes not in conflict with division (B) above, and provided further that common area, at a minimum, equal to the reduction in required lot size shall be designated as a park or open space. Such parks or open space shall be held and maintained in nonprofit corporate ownership by the owners of the lots within the development, unless otherwise agreed upon by the city.
(2) Open space features. No more than half of the common area designated as park or open space may contain site constraints making it otherwise undevelopable for residential use. This includes steep grades, floodplains and wetland areas and stormwater and infrastructure uses. Such land may be set aside as natural or passive use amenities. The remainder of designated common area shall be added to the lands required by the standard open space provisions of this chapter and shown on the plan in accordance with those requirements. Additionally, the open space provisions for each cluster subdivision shall include amenities of a higher intensity use than those of typical subdivisions. This may include playgrounds, picnic benches, courts, fields, gardens and other amenities.
(3) In consideration of the purposes served by a cluster development, the title to such areas as provided shall be preserved to the perpetual benefit of the private properties in the development, and shall be restricted against private ownership for any other purposes. Improvements clearly incidental to the purposes of these provisions may be made within the open space, provided that the maximum coverage of such improvements shall not exceed 25% of the open space.
(4) Access to open space. All lots created within the development shall have direct access to all parks or open space as provided by means of public streets, dedicated walkways, facts of physical contiguity, other public lands, or lands in common ownership by all residents.
(5) Open space provisions. Where the open space is to be deeded to a homeowners' association or other such nonprofit ownership, the developer shall file a declaration of the covenants and restrictions that will govern the open space and the association or nonprofit organization. This declaration shall be submitted with preliminary plat approval and shall include, but not be limited to, the following:
(a) The homeowners' association or the nonprofit organization shall be established before any lots are sold;
(b) Membership shall be mandatory for each lot buyer and any successive buyer;
(c) The association shall provide for liability insurance, any taxes, and maintenance of grounds and facilities; and
(d) Any sums levied by the association that remain unpaid shall become a lien upon the lot owner's property.
(G) Sidewalks. All cluster subdivisions shall feature five-foot sidewalks on both sides of all interior streets and along the development side of exterior streets.
(Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)