The following terms are defined for the purpose of this chapter:
CLUSTER DEVELOPMENT (CD): A type of subdivision for limited residential use within the A-20 and A-40 productive agricultural districts, the R-10 rural residential district, and the RR-40 rural remote district. Each cluster development consists of: a) the cluster tract occupying not more than twenty percent (20%) of the land area of the parent tract, and b) the conservation tract occupying not less than eighty percent (80%) of the land area of the parent tract.
CLUSTER TRACT: A designated location within a cluster development upon which residential development may occur. The cluster tract(s) shall not occupy more than twenty percent (20%) of the land area of the parent tract.
COMMON OPEN SPACE: An area held for the use and benefit of the owners of dwelling units or lots within a cluster development, and which is devoid of streets, parking areas, or buildings that are not intended for recreational or community purposes.
CONSERVATION EASEMENT: An encumbrance that shall run with the land, provide for protection of open space in perpetuity, and be granted and deeded in perpetuity to a qualified organization such as a land trust or historic society or a government agency. Such organization or agency shall be responsible for enforcing the restrictions placed on the land and for any necessary management of said open space. The conservation easement shall be given exclusively for conservation purposes.
The donation of a conservation easement shall not, in any way, imply the right of public access or any other right or duty not expressly set forth by the terms of the easement.
CONSERVATION TRACT: That part of a cluster development that remains dedicated to agriculture, open space, and/or natural resource protection and is devoid of any structures other than those for the benefit of agricultural uses (including, but not limited to, barns, well houses, irrigation structures, hay sheds) or land conservation purposes, but may include a primary residential dwelling unit (and any accessory employee housing as allowed). The conservation tract(s) shall not occupy less than eighty percent (80%) of the land area of the parent tract.
HOMEOWNERS' ASSOCIATION: An organization formed of the owners of a cluster development.
PARENT TRACT: A lot or lots of record situated within an A-20, A-40, R-10, or RR-40 zoning district proposed to be developed either as a straight lot subdivision or as a cluster development and used for calculating the density allowance for said subdivisions. A parent tract shall be a minimum twenty (20) acres in size to qualify for an R-10 cluster development, forty (40) acres in size to qualify for an A-20 cluster development, and eighty (80) acres for an RR-40 or A-40 cluster development.
RESOURCE MANAGEMENT EASEMENT: An easement granted by a landowner in a CD to the owners of all property in productive agricultural use adjacent to the parent tract of the CD as well as the owner of the conservation tract in the CD. It is a perpetual nonexclusive easement for the purpose of protecting the agricultural operation from interference by adjacent residential uses. Among other elements, the easement contains an acknowledgement that the residential property within the CD is situated in an agricultural area and may be subjected to conditions resulting from farming operations which may conflict with residential purposes. The easement shall be binding to the heirs, successors, and assigns of the grantor and in no way grants a right to adjacent property owners for ingress and egress upon or across the residential property. (Ord. 2006-07, 6-29-2006)