You are viewing an archived code
The cluster method of development is intended to preserve large areas of contiguous rural open space, consistent with the recommendations and guidelines of the applicable master or sector plan. Cluster development is required under both the standard and optional methods of development. Cluster development requires the setting aside of rural open space. Under the optional method of development the maximum development unit density allowed may be increased to accommodate the construction of Moderately Priced Dwelling Units in accordance with Chapter 25A.
Rural open space is land that is managed, as described in Section 59-C-9.574(g)(3), or is unmanaged, which means that it is returning to its natural state without human intervention. Contiguous rural open space shares an extended boundary with a residential cluster neighborhood. The open space may preserve sensitive natural resources, other sensitive areas and associated habitat.
Recreational facilities in the rural open space are limited to trails and related amenities or other facilities recommended in the master plan. The following classes of uses are not permitted in the rural open space area. The exceptions noted in subsections (d) and (f) are not excluded from this area; they are permitted by right or special exception, as stated in section 59-C-9.3:
(a) Agricultural-industrial;
(b) Agricultural-commercial;
(c) Resource production and extraction;
(d) Residential, with the following exceptions:
- a one-family detached dwelling located on a lot, 10 acres or greater in size, that contributes to the overall total of rural open space, and is a logical extension of the existing open space area;
- accessory apartment that is part of a one-family detached dwelling located on a lot, 10 acres or greater in size, that contributes to the overall total of rural open space;
- a farm tenant dwelling in existence prior to application of the Rural Neighborhood Cluster zone, or a structure converted to a farm tenant dwelling included as part of a historic site designated in the Historic Master Plan;
- a one family semidetached dwelling and townhouse as part of a moderately-priced dwelling unit development;
(e) Commercial; and
(f) Services, except a home occupation associated with an otherwise permitted residential use.
(a) The density under the standard method of development must not exceed one dwelling per 5 acres of gross tract area.
(b) In the Rural Neighborhood Cluster zone, rural open space is defined as land contiguous to the periphery of the residential portion of a rural neighborhood which is subject to an instrument assuring its preservation as permanent open space.
(c) 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:
(1) The development must be clustered so as to maximize that portion of the tract appropriate for open space, farming or other permissible uses listed in section 59-C-9.52, above.
(2) The cluster development must be designed so 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.
(3) Rural open space: A minimum of 60 percent of the property must be reserved for contiguous rural open space, consistent with the recommendations and guidelines set forth in the applicable master or sector plan. All land in the rural open space area must be preserved in perpetuity, either by dedication as parkland or by application of an easement or covenant in a recordable form approved by the Planning Board. The rural open space may be recorded as either:
(A) A parcel for common open space;
(B) An outlot; or
(C) 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.
(4) No development under the standard method is to be served by public sewer and water unless recommended in the relevant master plan.
The density of development, including the provision of Moderately Dwelling Units in accordance with Chapter 25A, must not exceed 1.22 dwelling units per gross acre. The density must conform to the recommendations and guidelines of the applicable master or sector plan. In such cases, the following development standards apply:
(a) Minimum area of development: 10 acres, except that the Planning Board may waive this requirement where the property abuts an existing property developed under the provisions of this section, and the resulting development is a logical extension of the existing development.
(b) Diversity of Lot Sizes: Under the optional method, a diversity of lot sizes is required for developments. The Planning Board must evaluate the range of lot sizes provided and insure that a proposed development is compatible with existing development on adjoining properties and consistent with the purpose and intent of the zone.
(c) Diversity of House Sizes: The Planning Board should encourage diversity of house sizes where such diversity would be consistent with neighboring communities.
(d) Development standards: The standard method requirements of section 59-C-9.4 do not apply:
(i) Minimum lot area—4,000 sq.ft. for one-family detached units; 3,500 sq.ft. for one-family semi-detached units.
(ii) Minimum setback from the street—15 feet.
(iii) Yard requirements (in feet). A side yard, if provided, must be at least 8 feet. For a side or rear yard that abuts a lot that is not developed under the optional method of this section, the setback must be at least equal to that required for the abutting lot, provided that no rear yard is less than 30 feet.
(iv) Minimum lot width for a one family detached dwelling unit at the existing or proposed street line—25 feet.
(v) Maximum building height—35 feet.
(vi) Maximum lot coverage for a one family detached dwelling unit—35 percent.
(vii) The rear and side yard setbacks for accessory structures must be consistent with the requirements in the R-60 Zone, 5 feet for rear and side yard setbacks and 60 feet from the street.
(e) Common open space: Common open space within the residential neighborhood is required for all development of 10 dwellings or more. Such open space, if provided, must not be applied towards the rural open space requirement. If provided, common open space should be configured with the following guidelines:
- Common open space is intended for common use by the residents of the neighborhood and may be either located in a central position in the neighborhood bordered by streets and/or building lots; or configured as an open space bordered by streets on all sides and generally intended for a smaller neighborhood. The common open space may contain surface features such as storm water management facilities or limited parking areas.
(f) Lots fronting on private streets. Within the Rural Neighborhood Cluster zone lots may front on a private street if the Planning Board finds, as part of the cluster subdivision plan approval, that the private street:
(1) provides safe and adequate access;
(2) has sufficient width to accommodate the dwelling units proposed;
(3) will better advance the goal of preserving rural open space and the rural character than would a public road;
(4) has proper drainage.
Each private road must comply with the requirements of subsection 59-C-7.234 of the zoning ordinance and section 50-25(h) of the subdivision regulations pertaining to private roads.
(g) Lots developed under the optional method must be connected to a community water and sewerage system, unless it can be demonstrated at the time of subdivision that 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.
(h) Rural open space design guidelines.
(1) Rural open space should be a contiguous area and be located and designed to:
(A) Protect rural features and other sensitive areas identified in the applicable master or sector plan;
(B) Maximize common boundaries with rural open space on adjacent tracts where recommended in the applicable master or sector plan, or as otherwise required by the Planning Board.
(2) Rural open space must comprise a sizeable contiguous area must be within a range of 65 percent to 85 percent of the tract area and must be consistent with the recommendations and guidelines of the applicable master plan. When a property includes rights-of-way for roads classified as major highways or freeways, rural open space is calculated on the net tract area by deducting those rights-of-way from the gross area of the property. The Planning Board may approve a minor variation in the master plan-recommended rural open space if the Board finds that the variation would retain both the quality and character of the open space as set forth in the guidelines of the master plan.
(3) Rural open space may be managed and maintained but may be modified to improve its appearance, function or overall condition by using the following techniques:
(A) Reforestation
(B) Woodland management
(C) Meadow management
(D) Stream bank protection
(E) Non-structural stormwater best management practices as defined by the most recent edition of the Maryland Stormwater Design Manual adopted for use by Montgomery County.
- The Planning Board may, at its discretion, allow structural stormwater management facilities in the rural open space if the location and appearance of any facility is consistent with the general intent of the RNC zone, and with the policy and guidance of the relevant master plan for use of the open space.
(F) Wetlands management
(G) Agricultural management
(4) All publicly held or privately held land in the rural open space area must be preserved in perpetuity as rural open space by application of an easement or covenant in a recordable form approved by the Planning Board. The easement or covenant must restrict uses in the rural open space area to those uses allowed under 59-C-9.572, provide for the management of any natural or agricultural features in accordance with the approved site plan, and prohibit any development or subdivision within the rural open space area not expressly authorized.
A developed lot intended to provide any portion of the rural open space requirement must be a minimum of 10 acres, and a substantial majority of the lot must by encumbered by the instrument regulating the rural open space.
Parking must be provided in accordance with the provisions of Division 59-E except as follows: All parking must be located on the same lot as the use with which it is associated.
Site plan approval is required under the optional method of the Rural Neighborhood Zone as set forth in Division 59-D-3.