(1) Purpose. The purpose of this section is to establish special requirements for a rural cluster development (without city water or sanitary sewer) project to allow limited rural residential development while promoting:
(a) Preservation of productive land for agricultural use.
(b) Preservation of wildlife habitat and unique natural resources.
(c) Reduction of negative impacts on the environment.
(d) Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public.
(e) A variety of rural residential lot sizes, configurations, and neighborhoods.
(f) Orderly and economically viable transition to eventual development with urban services.
(2) Application. A rural cluster development shall only be applied in areas zoned R, Rural or R-X, Rural-Executive that are guided Low Density Residential on the Comprehensive Plan Full Build Out Land Use Map.
(3) Open space. A minimum of 50% of the gross acreage of the subject property shall be preserved as common open space, recreational space or agricultural use. Of that open space, a minimum of 25% shall be upland area.
(a) All designated open space shall be platted as outlot parcels. Public trail corridors shall be dedicated as park land.
(b) Habitable structures. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces.
(c) Public open space accessibility. Open spaces dedicated to the public shall be accessible to pedestrians at no less than 1,200-foot intervals along public roadways. Where necessary, pedestrian access corridor outlots between private lots shall be at least 20 feet in width.
(4) Ownership and management. Each designated open space shall be owned and managed according to the following means, subject to city approval:
(a) Common ownership. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information:
1. The legal description of the common lands or facilities;
2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions;
3. A mechanism for resolving disputes among the owners or association members;
4. A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes and insurance premiums;
5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership.
(b) Natural habitat. Management shall be the responsibility of the homeowners association.
1. Open space may be protected by establishing conservation easements as provided in M.S. §§ 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the conservation easement or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof.
2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city.
(c) Neighborhood Recreational and Trail Corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city.
(5) Neighborhood configuration.
(a) In order to establish a cohesive neighborhood unit, residential lots shall be located in a neighborhood cluster. A neighborhood cluster shall include a minimum of four lots or 50% of the allowable number of lots on the parcel to be subdivided, whichever is greater. An efficiency of land utilization and community development should be encouraged by maximizing the number of lots in any one cluster development, while adhering to the underlying density and open space requirements of this chapter.
(b) A neighborhood cluster shall be oriented toward an identifiable feature which all residential units share in common. Neighborhood identity may be accomplished by one or more of the following features:
1. View shed. The lots of a neighborhood may be arranged such that a majority of the principal structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed.
2. Physical amenity. The lots of a neighborhood may be arranged such that a majority of the principal structures will face a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood.
3. Streetscape. The lots may be arranged such that the principal structures will face a street space enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the city's street design standards.
(6) Densities.
(a) Subdivisions served by independent sewage treatment systems shall not exceed eight units per 40 acres.
(b) Subdivisions served by a MPCA approved community sewer system shall not exceed 12 units per 40 acres.
(7) The applicant must provide a management (maintenance, replacement and repair) plan for centralized wastewater treatment system as approved by the city. The management plan must be reviewed and approved by the City Council and recorded with the final plat. The plan should clearly identify the following:
(a) The ownership of the centralized wastewater treatment system.
(b) An annual schedule for maintenance, inspection and monitoring of the centralized wastewater treatment system.
(c) Assignment of responsibility for the management of and payment for the centralized wastewater treatment system.
(d) Contingency plan in the event of failure of the centralized wastewater treatment.
(e) Financial guarantees, covering the estimated cost of maintaining and replacing a centralized system.
(f) Provisions describing how the sewage treatment portion of the system will be protected from vehicles, animals, humans and other sources of risk.
(g) The name and license number of the system's designer.
(h) Provision for cost effective future connection of the wastewater treatment system(s) to urban services within one year after such services are provided at the boundary of the development, with sufficient financial guarantees to ensure no added cost to the city.
(i) If financial guarantees for any of the above provisions are part of an association assessment or treasury fund, the city shall be given access to annual audit records, at the expense of the association, to ensure proper funding. If such guarantees are the private responsibility of the developer, the city shall require guarantees from the responsible individual(s).
(8) Residential lots.
(a) Lots served by individual sewage treatment systems (ISTS) shall have a minimum of one acre of buildable land area capable of accommodating the principal dwelling, accessory buildings, and two individual soil treatment systems (drainfields).
(b) Lots served by a MPCA approved community sewage treatment system shall have a minimum lot area of 20,000 square feet of buildable land.
(c) No individual single-family lot may exceed five acres in size.
(d) Minimum lot width.
1. ISTS lots. 200 feet.
2. Lots served by a MPCA approved community sewage system.
a. Interior lot. 100 feet.
b. Corner lot. 125 feet.
(e) Setbacks. Setbacks shall be the same as those imposed in the applicable base zoning district.
(f) Residential lots shall be sited in a manner that preserves existing significant tree cover on the site.
(g) The lots of a neighborhood may be arranged so that a majority of the principal structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream or other open space which could be described as a view shed.
(h) The lots may be arranged that the principal structures face a local street enhanced with landscaping, street trees, boulevards, medians or other landscaping techniques appropriate to the city's street design standards.