(A) Application process. The applicant must utilize the planned development application process, including a proposed development plan for a rural residential cluster development. The approval process will include a public hearing as required for a zone change.
(B) Hearing request. The applicant must formally request a public hearing as required by KRS Chapter 100 by filing the appropriate application, three copies of the proposed cluster development plan, and paying the appropriate fees.
(C) Plan procedures. The development plan procedures outlined in § 155.130 shall be followed. In addition, the plan must disclose the following: lot coverage, height of buildings, maximum building height, construction type, deed restrictions, contiguous properties with road frontages for each property, and crossing points on the access road, if reserved by owner of set-aside.
(D) Minimum requirements. The following minimum acreage and road frontage requirements shall apply.
(1) Cluster development shall contain not less than 60 acres in addition to the acreage contained in the cluster envelope.
(2) For each house in the cluster development (excluding bonus sites), there must be at least 125 feet of frontage on a road publicly maintained at the time of the adoption of this section.
(3) Cluster developments are permitted on farms with less than 125 feet of public road frontage provided the following conditions are met:
(a) At the date of the adoption of this section, insufficient road frontage existed to comply with the following road frontage requirements;
(b) All other cluster requirements are fully met; and
(c) Owner shall have purchased or contracted to purchase sufficient development rights to meet the road frontage requirements.
(4) The area of the cluster envelope shall not exceed an average of one and one-half acres per house site, but there shall be no minimum lot size.
(E) Set-aside requirements.
(1) The owner shall be required to reserve or grant a conservation easement to or for the benefit of the Planning Commission barring further development or subdivision of the set-aside for a period of not less than 25 years, after which the status of the land may be reviewed as a part of the comprehensive planning process and a change in the classification of the property may be recommended if in agreement with the goals and objectives of the plan.
(2) The set-aside shall contain not less than ten acres per house site, including bonus sites.
(3) Nothing herein shall be construed to limit the agricultural activities or practices which may be conducted on the set-aside; provided, however, that the owner of the set-aside may voluntarily enter into private covenants running with the land agreeing not to engage in certain agricultural activities or practices.
(F) Location of cluster development.
(1) The set-aside must completely surround the cluster envelope.
(2) There must be a minimum distance of 125 feet between all points of the cluster envelope and the property line.
(3) All points of the cluster envelope must be set back from the public road a minimum of 500 feet; provided, however, that the Planning Commission shall have discretion in grant exceptions to the minimum setback if the Board finds that the viewshed is protected by topography, mature woodlands, or other natural features.
(G) Number of house sites permitted.
(1) A maximum of 12 house sites are permitted unless additional sites are permitted pursuant to the following provisions.
(2) The number of house sites permitted may be increased by 50% up to a maximum of six additional house sites by the use of transferred development rights (TDRs).
(3) A maximum of four additional “bonus sites” may be permitted, in the discretion of the Planning Commission, for such features as underground utilities, creative or innovative design of the cluster or of the roads, or other creative or innovative design features.
(4) Two additional house sites shall be allowed for each additional 250 feet the cluster envelope is set back from the public road over and above the 500-foot minimum set-back.
(5) If there is an existing or proposed house site on the parent tract, the number of permitted house sites in the cluster shall be reduced by two.
(H) Requirements relating to physical improvements, landscaping, and buffering.
(1) The minimum right-of-way for the access road shall be 30 feet; and the minimum pavement width shall be 20 feet.
(2) Unless dedicated and accepted for maintenance by the county, roads shall be maintained by the owner of the parent tract or by a homeowner’s association as required by the deed restrictions.
(3) The access road shall be of traditional road contours with minimum site disturbance, and shall have an entrance engineered for compliance with storm water runoff requirements and design standards.
(4) Signs identifying the cluster shall not exceed 32 square feet including the printed matter and any supporting or decorative features.
(5) Each cluster development shall be permitted only a single access point to the existing public road.
(6) Only one cluster development may be served by a single access road.
(7) The maximum cul-de-sac length of 500 feet as provided in § 153.096 shall not apply to cluster developments.
(8) The cluster envelope must be completely fenced off from the parent tract by a fence having the following minimum requirements: nine gauge wire, 12 inch stays, six inch line posts set 12 feet on center. The installation and maintenance of the fence shall be the responsibility of the owner of the set aside, unless otherwise provided in the deed restrictions.
(9) Landscaping and/or buffering shall be required. The design must provide for maximum preservation of existing topography. If located in the set-aside, the owner of the set-aside shall be responsible for its maintenance.
(10) All physical improvements, including fencing, utilities, landscaping, and roadways shall be installed or a surety bond posted for the completion of the improvements prior to approval of the final plat.
(I) Access roads. Even though a cluster development access road may hereafter be dedicated and accepted for maintenance by the county or other governmental agency, frontage on such road shall not be considered public road frontage under § 155.080 so as to entitle the owner to develop or subdivide the property fronting on such access road.
(Ord. 99-1, passed 3-24-1999)