In the U-1 District a cluster residential development may be considered as an option to a standard single-family subdivision. The primary objective of this option is to promote the health, safety and general welfare of the community by maximizing the conservation of open space, while retaining for the property owner the development rights (the number of residential dwelling units) that are permitted under the existing conventional zoning for the property. This objective is achieved through the application of flexible land development techniques in the arrangement of dwelling units and the construction of roads. A cluster residential development shall comply with the following:
(a) Minimum Development Area. The gross area of a tract of land proposed to be developed in a cluster residential development shall be no less than thirty (30) contiguous acres. For the purposes of this section, in order to be considered for cluster residential development, the applicant must establish that the entire tract of land to be developed is titled in the name of the applicant or the applicant has the legal authority to represent the titled owner of the property in proceedings before the Village.
(b) Maximum Density Permitted. The maximum overall density of a proposed development shall not exceed one (1) dwelling unit per one-and-a-half (1-1/2) acres. The maximum number of units shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
(c) Required Open Space. A minimum of forty percent (40%) of the development area shall be reserved and permanently maintained as open space. Open space areas shall be further defined by the following criteria:
(1) Open space areas shall be easily accessible to residents of the cluster residential development.
(2) Required open space shall be interconnected with open space areas on abutting parcels, whenever possible.
(3) Open space areas may be preserved in their natural state or used for outdoor active or passive recreation for the residents of the proposed development.
(4) Open space areas shall not include:
A. Private roads and public road rights-of-way;
B. Parking areas, access-ways, and driveways;
C. The area of the recreational facilities intended for the use of residents of the proposed development;
D. Required setbacks for buildings, roads and parking areas;
E. Minimum spacing between buildings, and between buildings and parking areas;
F. Private yards; and
G. The area within fifteen (15) feet of the buildings.
(d) Building and Parking Setbacks. The minimum setbacks for all buildings, both principal and accessory, shall be:
(1) From the existing street right of way – One hundred (100) feet or the average setback of the buildings on the adjoining lots, whichever is greater; there will be no parking nor any access drives in any front yard which is adjacent to an existing street except as necessary to provide driveway or road access from the existing street to the development.
(2) From a side or rear property line – Fifty (50) feet. Parking and driveways shall be a minimum of thirty (30) feet from any side and rear boundary line with such thirty (30) feet appropriately landscaped.
(e) Building Spacing. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing requirements set forth below.
(1) End Wall to End Wall: 10 feet.
(2) End Wall to Main Wall: 25 feet.
(3) Main Wall to Main Wall: 40 feet.
A. The following definitions shall apply to the terms used above
1. Main Wall. The outside wall of a building that contains the primary windows of any living, family or dining room.
2. End Wall. The outside walls, other than a main wall of a building, which may contain windows not considered to be primary windows.
B. These distances may be reduced when the Planning and Zoning Commission finds that adequate landscaping and screening is provided to ensure privacy between units.
(f) Homeowners’ Associations. As part of a cluster residential development, a homeowners’ association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including the required common open space, private streets and common drives.
(1) The Village of Orange Law Director shall determine that, based on documents submitted with the final development plan, the association’s bylaws or code of regulations specify the following requirements:
A. Membership in the association shall be mandatory for all purchasers of lots in the development or units in a condominium.
B. The association shall be responsible for maintenance, control and insurance of common areas.
C. The association shall have the power to impose assessments on members for the maintenance, control and insurance of common open space, and have the power to place liens against individual properties for failure to pay assessments.
D. The association shall have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of common open space by such means as reasonable monetary fines, suspension of the right to vote and the right to use any recreational facilities in the common area, the right to suspend any services provided by the association to any owner, and the right to exercise self-help to cure violations.
E. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.
(2) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without (i) an affirmative vote of seventy five percent (75%) of its members, (ii) having established a successor entity to take over said property pursuant to this Zoning Ordinance, and (iii) the approval of the Village Council.
(3) The association shall convey to the Village and other appropriate governmental bodies, after proper notice, the right of entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. The Village shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant lots.
(h) Development Plan Review. A cluster residential development shall be considered and approved in compliance with the submission requirements, procedures, and review procedures of Chapter 1143.
(Ord. 2004-9. Passed 6-9-04.)