Generally, no single-unit residential lots may encroach upon any required or established riparian buffer or UTB, except that single-unit residential lots platted prior to July 27, 2000, shall be exempt from Zone Three of the Urban Transition Buffer requirements. Notwithstanding the foregoing, single-unit residential lots platted after July 27, 2000, may encroach upon a required or established riparian buffer or UTB when all of the following conditions are met:
(A) The total area of a parcel under single ownership is not greater than five (5) acres and the Landowner establishes that he/she is unable to use any cluster development option that may be available;
(B) The proposed subdivision consists of fewer than ten (10) lots and has no homeowners association;
(C) There is no other reason for the formation of a homeowner’s association (e.g., covenant, other common areas, common facilities, engineered stormwater control structures);
(D) The area of the UTB or riparian buffer is subject to a permanent conservation easement or other legal instrument dedicated to a not-for-profit conservation entity approved by Cary. All documents required for such a conveyance to a not-for-profit conservation entity shall be provided to and approved by Cary, in writing on such instruments, prior to recording any plat showing property proposed to be conveyed.