Single-family cluster developments having an open space ratio at or above twenty five percent (25%) may be allowed as a special use in the planned residential (PR) district, subject to the following requirements:
A. Open Space Requirements: Open space at or above twenty five percent (25%) should be shown on the master plan and shall be contiguous open space, excluding required yards and buffer areas and shall not consist of narrow strips of land around the perimeter of the site which do not meet the intent of this UDO. The county may require interconnected open space on adjacent conservation subdivisions to encourage biodiversity by maximizing habitat size and minimizing edge effects. Such open space may be separated by the road(s) constructed within the cluster subdivision.
The required open space shall be used for conservation, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes. Underground utilities to serve the cluster development site may be located within the required open space.
B. Open Space And Ownership: The required open space shall, at the owner's election, be conveyed to a corporation or trust owned jointly or in common by the owners of lots within the cluster subdivision. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust, which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the County to perform maintenance of the open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the County easement for this purpose. In such event, the County shall first provide fourteen (14) days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the County may perform it. The owner of each lot shall be deemed to have assented to the County placing and recording a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the County of same. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Land Use Department for approval, and shall thereafter be recorded in the registry of deeds.
C. Enforceability: Any proposed open space shall be subject to a recorded restriction, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
D. Stream Buffer: The minimum stream buffer open area is one hundred feet (100') to act as a filter strip. This area may count towards the twenty five percent (25%) open space ratio requirement.
E. Transportation Study: Any cluster development with a planned build out of more than twenty five (25) dwelling units shall submit a traffic study as a part of its application; this study must be approved by the County Board. (Ord. 10-001, 1-12-2010)