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The developer of each residential development requiring development approval shall set aside at least five hundred (500) square feet of open space for each dwelling unit. Such open space shall meet the standards of this section:
(1) Locational Criteria
To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the developer shall give priority to their preservation through public park or greenway dedication or as private open space. In reviewing the location of private open areas, the Planning Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):
(a) Wetlands;
(b) Flood Hazard Area;
(c) Lakes, rivers, and stream/UTB corridors;
(d) Wildlife migration corridors; and
(e) Steep slope areas.
(2) The Following Shall Not Be Counted Towards Private Open Space Areas:
(a) Private yards;
(b) Public or private streets or rights-of-way;
(c) Open parking areas and driveways for dwellings;
(d) Land covered by structures; and
(3) Use of Private Open Space
Private open space shall not be disturbed, developed, or improved, with any structures or buildings, except for the limited purposes allowed below.
(a) Facilities for active recreation (equipment for such uses shall be indicated on the development plan provided by the developer);
(b) Private open space may include passive recreational and educational purposes approved by the Planning Director, including but not limited to walking, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education, and wildlife habitat protection.
(c) Private open space shall be distributed throughout the development and located so as to be readily accessible and useable by residents. A portion of the open space should provide focal points for the neighborhood.
(d) Clearing of underbrush and debris and the provision of walks, fountains, fences, and other similar features are allowed.
(4) Design Criteria
Land set aside for private open space shall meet the following design criteria, as relevant:
(a) The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail, or specific topographic features require a different configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor.
(b) Where private open areas, trails, parks, or other public spaces exist adjacent to the tract to be subdivided or developed, the private open space shall, to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land.
(5) Ownership
All private open space shall be owned jointly or in common by the owners of the development.
(Ord. No. 05-001, 1-13-05; Ord. No. 2007-04, 3-22-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)
This Section provides an optional process and standards for cluster housing development. The Section is intended to encourage and allow for new concepts of traditional housing development so that variations of design may be allowed, provided that the net residential density shall be no greater than permitted in the district in which the development is proposed. This shall not be construed as granting variances to relieve hardship.
A conventional subdivision generally covers the entire developable portion of a site with residential lots. These lots are equal to or greater than a required minimum size designed to approximate the maximum permitted development density under the zoning regulations. A cluster subdivision allows for the reduction in the lot square footage minimum and setbacks provided that non-regulatory or bonus open space is provided. This permits greater net densities on portions of the site while permanently preserving additional open space and other important environmental resources such as those identified in the Open Space and Historic Resources Plan.
This type of development is more sensitive to the natural environment by reducing the total amount of disturbance that may occur to the land in comparison to a conventional development while allowing the developer to reduce site improvement costs. The use of clustered subdivisions is not intended to allow increased density for undevelopable or unusable land already protected by other provisions of this Ordinance. The remnant land not designated as building lots is required to be left undeveloped, and must serve the purpose of effective buffering, passive recreation, and protection of significant vegetation, historic resources or scenic qualities.
The cluster development option is available for property located within a zoning district that permits single-unit detached dwelling units (e.g., R-20, and R-40), with the exception of property located within the Conservation Residential Overlay District. The development of the property must comply with all zoning conditions when using the cluster option. The size of the tract used under this option must be a minimum of ten (10) acres.
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