59-C-1.52. Special requirements.

In addition to the development standards set forth in section 59-C-1.53, the following regulations shall apply:

   59-C-1.521. Development Approval Procedure. The procedure for approval of one- family detached dwellings and one-family semi-detached dwellings shall be as set forth in section 50-39 of the Subdivision Regulations, being chapter 50 of the Montgomery County Code. At the time of preliminary subdivision plan approval, the planning board may require that, in order to resolve specific environmental, transportation or compatibility issues, certain of the detached and semi-detached dwellings shall be subject to site plan approval as set forth in division 59-D-3 and shall not be included in an application for record plat until a site plan is approved for those portions of the proposed development. The procedure for the approval of townhouses and one-family attached dwellings shall be as set forth in division 59-D-3 of this ordinance and section 50-39 of the subdivision regulations.

   59-C-1.522. Community Water and Sewer. No land shall be subdivided under this method and no building permit shall be issued unless the resulting development will be connected to community water supply and sewerage systems. The only exception to this requirement is the RE-2C zone where land that is not served by community sewer may be subdivided under this method if it meets all of the following conditions:

      (a)   An approved and adopted master plan or sector plan specifically recommends cluster development with community water but not community sewer.

      (b)   The resulting development will be connected to community water.

      (c)   The resulting development meets all of the requirements for individual sewerage systems outlines in the most recent county comprehensive water supply and sewerage systems plan and Executive Regulation No. 5-79 on individual water supply and sewage disposal systems.

   59-C-1.523. Usable Area. The usable area upon which the density of development is calculated, as set forth in subsection 59-C-1.533, shall be determined by deducting from the gross area of the tract the following:

      (a)   All land indicated on the master plan of highways as a right-of-way with a width of 100 feet or more, and

      (b)   All one-hundred-year flood plain areas which, in the opinion of the planning board, would constitute an excessively high percentage of the total area of the tract.

   59-C-1.524. Common Open Space. The preliminary or site plan must include a description of the procedures and methods to be followed for assuring the common use and adequate maintenance of common open space included in the plan.

   59-C-1.525. Dedicated Land. Land dedicated to public use for school and park sites may be included in the calculation of the density of development; provided, that development of the remaining land can be accomplished in compliance with the purpose of this section.

   59-C-1.526. Combined Cluster Development. The planning board may permit the combining of 2 or more cluster developments as follows:

      (a)   In the same zone. The planning board may waive the minimum areas specified in subsection 59-C-1.532 if the tract abuts an existing cluster development in the same zone and approval of the proposed subdivision will make possible a compatible extension thereof.

      (b)   In different zones. The planning board may permit a combined cluster in 2 or more zones, each of which has provisions for cluster development; provided, that each of the following conditions is complied with:

         (1)   The tracts to be combined for development share a common boundary with one another sufficient to provide a unified development which will achieve the purposes of cluster development.

         (2)   The total area of the combined tracts meets the largest minimum area requirement for cluster development found in the zoning classifications of the individual tracts.

         (3)   No uses shall be permitted in any part of the combined tract except those that are permissible in the zone in which that part is classified.

         (4)   The total number of dwelling units in the combined development does not exceed the total number that would be permitted if the component areas of the combined tracts were developed separately.

         (5)   The amount of green area in the combined development is not less than the total amount that would be required if the component areas of the combined tracts were developed separately.

   59-C-1.527. Lots Fronting on Private Cul-de-Sacs in RE-2C Zone. In the RE-2C zone, lots may front on a private cul-de-sac if the planning board finds, as part of the cluster subdivision plan approval, that the private cul-de-sac:

      (1)   Provides safe and adequate access;

      (2)   Has sufficient width to accommodate the dwelling units proposed;

      (3)   Will better protect significant environmental features on and off site than would a public road; and

      (4)   Has proper drainage.

   Each private cul-de-sac must comply with the requirements of subsection 59-C-7.235 of the zoning ordinance and section 50-25(h) of the subdivision regulations pertaining to private roads. A subdivision with lots fronting on a private cul-de-sac may also be required to comply with the site plan review provisions of division 59-D-3.

   59-C-1.528. Preservation of Trees. The preliminary plan and site plan must show the location and extent of all trees as well as methods for preservation of those trees selected to remain.