59-C-9.53. Guidelines.

The following guidelines are in addition to those provided in section 50-39 of the subdivision regulations and apply to all cluster development in this zone:

   (a)   The plan of cluster development must locate and arrange the residential development so as to protect, to the maximum extent reasonable, that portion of the tract appropriate for open space, farming or other permissible uses listed in section 59-C-9.52, above.

   (b)   The plan of cluster development must indicate an arrangement of residential development so as to reduce as much as possible any nuisance, jeopardy, or conflict between the residential and the agricultural uses both within the tract and in relation to adjoining or nearby tracts and to demonstrate the compatibility of the proposed cluster plan with existing development.

   (c)   The residential portion of the plan of cluster development must be so laid out, and protected during construction, as to remain as harmonious as possible with the natural environment, minimizing as much as possible the clearing of trees, grading of earth, disturbing of streams, and other similar dislocations of the natural environment.

   (d)   The plan of cluster development must provide that, if any area is reserved for open space in accordance with the provisions of section 59-C-9.52, above, it may be recorded as either:

      (1)   A parcel for common open space;

      (2)   An outlot; or

      (3)   An open space easement on a residential lot, provided that the area is clearly delineated and its reservation as open space is clearly stated on the record plat in the land records of Montgomery County.

   (e)   The minimum size of a farm in the area reserved for farming or other uses, as provided in section 59-C-9.52 above, must be 25 acres unless the planning board finds that a smaller size would better implement the purposes of the zone and the guidelines of this section.

   (f)   The plan of cluster development must show how scenic vistas are being preserved or enhanced, and reflect an arrangement which has considered the visual impact of the residential development on such vistas.

   (g)   The planning board may refuse to approve the cluster method or a plan of cluster development if in its judgment:

      (1)   Significant agricultural, farming, or similar activity would be jeopardized unduly through development under the cluster method;

      (2)   The natural integrity of environmentally sensitive areas would be threatened due to the cluster development; or

      (3)   Significant scenic vistas would be lost, obliterated, or substantially diminished in value due to the cluster development.