A cluster development may be utilized within a zoning district to provide a permitted housing type while preserving and maintaining open space. The Planning Board may grant a subdivider the right to vary the yard setbacks and building placement within the area to be developed. The right to vary yard setbacks and building placement shall, however, be subject to the following conditions:
(a) An overall plan of the entire tract to be subdivided, showing roads, lot lines, lot areas, open space areas, easements, encumbrances and other relevant data, shall be submitted in accordance with Chapters 1226, 1228, 1236 and 1238.
(b) Maximum gross density shall not exceed that of the zoning district in which the proposed subdivision is located. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be not less than two-thirds of that minimum lot area normally required in the zoning district in which the subdivision is located.
(c) The balance of the land in a proposed subdivision that is not contained in lots or within road rights-of-way shall be contiguous and of such condition, size and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the subdivider shall incorporate, into the deeds of all property in the development, a clause giving the owner an interest in such open land which shall be used for recreational purposes only. No structure, save those incidental to the recreational use, shall be permitted on such land.
(d) Open land shall be a minimum of one acre and shall be subject to taxation. In the case of a tract of three or more acres, the developer may petition the Municipality to accept dedication of the land to be used in perpetuity as public open space.
(e) Upon completion of all the required public improvements, the subdivider or developer shall request, in writing, a final inspection by the Director of Public Service, as required under Ohio R.C. 711.091.
(Ord. 83-32. Passed 8-15-83.)