(A) The purpose of cluster development is to provide a method of development that permits variation in lot sizes without an increase in the overall density of population; that allows home buyers a choice of lot sizes according to their needs; that preserves green space, tree cover, scenic vistas, natural drainage ways, or preserves features of outstanding national topography; in order to prevent soil erosion and provide green areas for rest and recreation.
(B) In approving subdivision plats in any residential district, the Planning Commission may permit modifications in lot area, lot width, yards (building restriction areas) including zero lot lines, or other requirements. Use regulations are governed by the zoning district in which the development is located.
(C) Cluster development is not permitted unless public water and public sewer are provided. However, if public water cannot be feasibly provided or is not readily available and the developer can prove that individual water supplies are feasible by providing a hydrogeologic study and drilling sufficient test wells, then the Planning Commission may approve a cluster development with public sewer and individual well with a minimum lot size of 12,000 square feet. In the event that cluster development is approved by the Planning Commission using individual wells, no building permits shall be issued for any lot until after a well has been drilled and approved by the Frederick County Health Department under its regulations.
(D) The average dwelling unit density in a residential cluster shall be no greater than the permitted density for the district in which the units are located. For the purposes of this division, DENSITY means the maximum number of dwelling units which could be built on net developable land area in the zoning district. Net developable land is that land remaining after flooding soils areas and rights-of-way for principal highways have been deducted from the gross site area.
(E) Requirements.
(1) A concept plan shall be submitted to the Planning Commission at least 60 days prior to the Commission meeting at which the concept plan is to be considered.
(2) The concept plan must show:
(a) The type of dwelling unit (such as single-family, townhouse, garden apartment) and building restriction lines; and
(b) Street layout; and
(c) Green area system; and
(d) Vicinity map (scale: no smaller than 1 inch equals 2,000 feet); and
(e) Topography with minimum 10 foot contours (USGS topographic maps are permitted for the concept plan); and
(f) Number of acres in the entire tract; and
(g) Overall dwelling unit density.
(3) If the concept plan is approved by the Planning Commission, a preliminary plan shall then be submitted following the standard preliminary plan procedures specified in § 1-16-71 of this Code.
(4) If the preliminary plan is approved by the Planning Commission, the developer shall submit a site development plan, in accordance with the zoning ordinance (Chapter 1-19). A site development plan is not required if the entire residential cluster consists of single-family detached units.
(5) A final plat shall be submitted in accordance with this chapter for approval, signatures and recordation. Final plats filed on residential cluster development shall bear a statement indicating that the land lies within an approved residential cluster development.
(6) Residential cluster development is subject to the following additional conditions.
(a) Development of the land within the cluster is permitted only in accordance with the approved final plat.
(b) Reduction of individual lot areas will be reserved as green area. The county may accept the conveyance of the green areas or the green areas shall be conveyed to a nonprofit homeowners association. The agreements concerning the ownership and maintenance of open space land will be recorded simultaneously with the final plat.
(1959 Code, § 38A-61) (Ord. 95-15-139, 8-1-1995; Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)
Cross reference:
Zoning, see Chapter 1-19