§ 155.095  CLUSTER SUBDIVISIONS.
   (A)   Conditions requisite to approval in R and H Districts.  In the H, R-40,000, R-20,000, and R-10,000 Districts, the Planning Commission may authorize the division of tracts or parcels of land into lots for R District uses, and lots and yards may be smaller than otherwise required in the R Districts in Chapter 158, provided that the following conditions are met:
      (1)   The total number of lots and dwelling units may not exceed the number that would be permitted if the area were developed in conformance with its topographic characteristics and the normal minimum lot size requirements in the zoning district in which they are located;
      (2)   The land derived from reduction of lot size shall be provided and maintained as open space or recreational areas for joint use by the residents of the cluster subdivision or offered to the county as agreed to by the Planning Commission, except where such additional reduction of lot size occurs as a result of utilizing TDRs pursuant to § 155.090(D) and division (A)(5) of this section;
      (3)   Cluster subdivisions must be served by public water and sewerage facilities;
      (4)   Common open space shall not be less than 15% of the gross acreage of any tract submitted for cluster subdivision.
         (a)   A maximum of 50% of the required open space may be steep slopes, streams, ponds, watercourses, and floodplains;
         (b)   A minimum of 10% of the required open space or one and one-half acres, whichever is greater, shall be suitable for active recreational use and may not exceed a grade of 3%; and
         (c)   For tracts or parcels less than ten acres, the Planning Commission may approve deviations from these percentage requirements.
      (5)   A cluster subdivision receiving TDRs may increase density at two TDRs for every ten lots created in accordance with division (A) above;
      (6)   In order to be eligible for clustering, all lot yield from the entire property shall be included on the preliminary subdivision plan.
   (B)   Conditions requisite to approval in C District.  In the C District, the Planning Commission may approve a residential cluster subdivision, which includes the division of land into lots which may be smaller than otherwise required in this district, subject to the following conditions:
      (1)   Individual lots shall be a minimum of one acre in size, a minimum of 150 feet in width. The front yard shall be 40 feet, the side yard shall be 20 feet, and the rear yard shall be 50 feet;
      (2)   The total number of lots and dwelling units shall not exceed the number that would be permitted if the area would be developed in conformance with its topographic characteristics and normal minimum lot size requirements. The Planning Commission may require percolation tests to determine the total number of lots that may be clustered;
      (3)   All individual lots shall be designed and located to minimize potential environmental degradation of the natural resources;
      (4)   The land derived from reduction of lot sizes shall be provided and maintained as open space or recreational areas;
      (5)   The open space shall be offered to the county and conveyed in fee simple if accepted by the county. If the county rejects the offer, the open space may be owned in common by the residents, conveyed to the Carroll County Land Trust or a similar organization, or recombined with one buildable lot in the subdivision and owned privately;
      (6)   Access arrangements to open space shall be carefully designed and located to enable perpetual maintenance and accessibility;
      (7)   Lots may not be further subdivided, and the record plat shall so indicate;
      (8)   In addition to easements required by any chapter of the County Code, all land lying within 300 feet as measured horizontally of the 100-year planned reservoir flood pool shall be designated as open space. All land lying within 100 feet of the thread (or centerline) of any tributary of a public water supply, whether now used or planned to be used for such a purpose as reflected by the Master Plan, shall be designated as open space or for use as agricultural land;
      (9)   Any private open space created shall be subject to a conservation easement, which shall be in a legal form satisfactory to the County Attorney and provide for such restrictions in accordance with any chapter of the County Code;
      (10)   In order to be eligible for clustering, all lot yield from the entire property shall be included on the preliminary subdivision plan. No piecemeal clustering plans may be approved by the Planning Commission; and
      (11)   No application for further subdivision of a property or any lots created through the minor subdivision process may be filed or approved prior to five years from the date of final plan approval of a minor subdivision of the property.
(Ord. 2019-07, passed 12-12-2019)