Cluster subdivisions may be permitted in the R-1 and R-2 Zoning Districts in accordance with the provisions of this section and the requirements of Ch. 151 of this code of ordinances.
(A) Location and permitted uses. Cluster subdivisions are permitted in the R-1 and R-2 Districts. Within a cluster subdivision, permitted uses are limited to the specific permitted uses allowed in the district where the subdivision is located.
(B) Minimum size of cluster subdivision. The minimum size of a cluster subdivision shall be five acres, exclusive of any street rights-of-way.
(C) Minimum lot size and dimensional requirements. Within an approved cluster subdivision, the minimum lot size and dimensional requirements of Ch. 151 of this code of ordinances and this chapter are waived, provided all provisions for open space dedication and the required approvals of water and sewer systems conform with the requirements of all applicable codes, ordinances and policies. A minimum setback of 15 feet shall be established along the exterior perimeter of the cluster subdivision.
(D) Open space requirements.
(1) A minimum amount of permanent open space shall be provided in any cluster subdivision in an amount equal to or greater than the total square foot reduction in all lots, but in no case less than one contiguous acre. The open space shall be dedicated for open space use, owned and maintained by a property owners association. An instrument providing for the dedication, ownership and maintenance of the open space shall be submitted with the preliminary plat. In calculating open space requirements, a cluster subdivision may use a maximum of 50% of the following areas or uses:
(a) Required setbacks;
(b) Lakes or ponds;
(c) Rock outcrops; and
(d) Slopes exceeding 40%.
(2) The required open space area shall be located on land contiguous to and geographically situated within the subdivision. The required open space is in addition to the active recreation area described in § 152.032 of this chapter.
(E) Utilities. Cluster subdivisions are required to have access and utilize water and sewer service from the town; provided, however, where town water and/or sewer service is not available, individual or community systems may be approved by the Planning Board and Town Council provided the systems are designed and approved by the appropriate agency prior to the submission of a preliminary plat.
(Ord. passed 3-14-2005; Ord. passed 4-9-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 808)