§ 156.105 CLUSTER DEVELOPMENT.
   (A)   Purpose. The purpose of the Cluster Development subdivision design technique is to preserve large, contiguous tracts of open space and/or agricultural areas in perpetuity by concentrating residential development in certain areas of the development site. The flexibility offered by this technique provides for a subdivision design that fits the natural characteristics of the site and permits more useable, connected open space. Because the development form is compact, this technique also allows a reduction in the cost of infrastructure. This development technique is illustrated in Figures 1 and 2. These figures are illustrative, meant to convey a particular concept. Specific design standards are defined herein.
   
 
      Conventional subdivision.             Cluster Development.
   Illustrations courtesy of Randall Arendt, Rural By Design.
   Figure 1. Cluster Development illustration.
 
   Conventional subdivision.
 
   Cluster Development.
   Illustrations courtesy of Randall Arendt, Rural By Design.
   Figure 2. Cluster Development illustration.
   (B)   Location for implementation. The Cluster Development subdivision design technique may be utilized where permitted by the underlying zoning district. Each proposal for a cluster development shall be reviewed in the context of the state definition to ensure the legislative intent is met.
   (C)   Density. Density may exceed the maximum allowed on the developed portion of the site, but the overall maximum density of the parcel or development, as specified in § 156.104, shall be maintained.
   (D)   Design standards.
      (1)   Open space.
         (a)   For properties located within the Urban Growth Boundary, a minimum of 25% of the gross site area shall be maintained as open space in perpetuity; for properties located beyond the Urban Growth Boundary, a minimum of 50% of the gross site area shall be maintained as open space in perpetuity.
         (b)   Open space areas must be acceptable to the Planning Commission and Town Council with regard to the size, shape, location, improvement, and environmental condition.
         (c)   Open space areas shall be conveyed in accordance with one of the methods listed below.
            1.   By dedication to the town as publicly-owned open space. Open space areas proposed for dedication to the town must be acceptable to Town Council with regard to budgetary and maintenance terms; or
            2.   By conveying or retaining title (including beneficial ownership to another legal entity) to a land trust, homeowner's association, or other legal entity. The terms of such instrument of conveyance must restrict the use of the property to public open space, agricultural or community garden use, and/or recreational use in perpetuity.
         (d)   Any areas of environmental, historic, archaeological, or cultural significance, as determined through the planning process, shall be preserved and included in open space areas. These areas shall be shown on All sketch plans and preliminary and final plats.
         (e)   Open space areas shall be contiguous or connected by a pedestrian and bicycle trail system.
         (f)   A pedestrian and bicycle trail system may be included in open space area calculations.
      (2)   Street, sidewalk, and driveway design standards.
         (a)   Lots shall be configured so as to minimize street and driveway length. The use of pervious materials for residential driveway construction is highly encouraged.
         (b)   To the greatest extent possible, streets should be aligned so that terminal vistas are comprised of open space or natural elements, rather than structures.
         (c)   All streets shall be designed and constructed in accordance with the provisions of the Land Development Regulations; however, the following variations from the Land Development Regulations may be permitted, provided the design adheres to environmentally and aesthetically sensitive best management practices and any variations are reviewed and approved by the Town Engineer, or his or her designee.
            1.   Right-of-way width may be reduced to 30 feet.
            2.   Curb and gutter may not be required.
            3.   Sidewalks may be located more than three feet from the edge of pavement and may be constructed of concrete or asphalt. If located outside the right-of-way, sidewalks may be constructed of pervious materials provided the sidewalks are maintained by the property owner.
      (3)   Buffers around significant areas. A minimum 35-foot buffer shall be maintained around wetlands and other environmentally, historically, archaeologically, or culturally significant areas. Such buffers shall remain in an undisturbed natural state, except that the removal of invasive and exotic species shall be allowed. A pedestrian and bicycle trail system may be provided within a significant area buffer, provided no trees greater than three inches DBH are removed.
      (4)   Public access to significant areas. Significant areas as described above should be publicly accessible.
      (5)   Lot, coverage, and yard requirements.  
         (a)   No minimum lot area, width, depth, or coverage requirements apply in a cluster development in order to promote creative site design and preservation of natural, historic, archaeological, and cultural resources.
            1.   Minimum lot area, width, depth, and coverage requirements standards must be established by the subdivider and enumerated on all sketch plans and preliminary and final plats.
            2.   It is recommended that the subdivider establish these standards by recorded restrictive covenant once the development plan has been approved.
         (b)   A minimum five-foot setback is required along all property lines for all principal and accessory structures.
(Ord. 14047, passed 8-12-14) Penalty, see § 156.034