59-C-9.25. Purpose of the Low Density Rural Cluster Development zone.

It is the purpose of the Low Density Rural Cluster Development zone to implement the general plan for the Maryland-Washington Regional District and the local area master plan by permitting well designed development consistent with the density proposed by the local area master plan.  It is also the purpose of the Low Density Rural Cluster Development Zone to provide suitable sites for low-density residential development which may be served by community sewer and water service at locations designated: a) for development at densities not more than one unit per 5 acres by an approved and adopted master plan; b) for a buffer or transitional use between agricultural areas and low-density one-family uses and between 2 higher density developments; c) for conservation of a sensitive environmental area; d) for protection of scenic and sensitive environmental resources and the preservation of existing open space or agricultural areas.  Under this zone, the general plan or area master plan can be implemented in a manner and to a degree more closely compatible with County plans and policies than otherwise possible.

The Low Density Rural Cluster Development Zone is intended to provide the maximum amount of freedom in lot size and design in order to permit the greatest amount of open space to be conserved, and to prevent detrimental affects on the environment.  The open space should be appropriately located for agricultural preservation, environmental protection, and preservation of the rural character as viewed from areas visable to the community.  Therefore, to meet this objective the optional standards, guidelines, and requirements of Section 59-C-9.5 apply in this zone.  In addition, the lots developed under these provisions must be connected to a community water and sewerage system, unless it can be demonstrated that at the time of subdivision a limited number of lots on a private well and septic facility within the cluster will provide a more beneficial subdivision design because of environmental or compatibility reasons.

The fact that an application complies with all the specific requirements and purposes of the zone will not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses, and, in itself will not be sufficient to require granting the application.

(Legislative History: Ord. No. 10-69, § 5; Ord. No. 12-79, § 1; Ord. No. 13-13, § 1; Ord. No. 13-45, § 1; Ord. No. 13-76, §1; Ord. No. 13-94, §1; Ord. No. 15-31, § 1; Ord. No. 16-57, § 2.)

   Editor’s note—Section 59-C-9.23 is quoted in Cinque v. Montgomery County Planning Board, 173 Md. App. 349, 918 A.2d 1254 (2007).

   See County Attorney Opinion dated 4/26/99 explaining that a transfer of development rights easement continues to restrict development even when the underlying zoning of the property is changed.  See County Attorney Opinion dated 8/11/98 describing the effect of annexation of land into Town of Poolesville on transferable development rights existing on the land prior to annexation.  See County Attorney Opinion dated 10/28/97 indicating that a family burial site is not an accessory use to an agricultural use, but may be nonconforming in some instances.  See County Attorney Opinion dated 10/2/90 explaining that, without a main dwelling or a transferable development right to support it, no farm-tenant house may be constructed.