If the governing body has adopted a growth policy that meets the requirements of Montana Code Annotated section 76-1-601, and further adopts the following to promote cluster development and preserve open space:
A. Requirements: As authorized by Montana Code Annotated section 76-3-509, the following apply to subdivisions proposed under this chapter:
1. An area of open space must be preserved that is at least as large as the area that will be developed.
2. Open space must be preserved through an irrevocable conservation easement, granted in perpetuity as provided in Montana Code Annotated title 76, chapter 6, prohibiting further subdivision of the parcel.
3. Unless the subdivision will be provided with community sewer or water, each lot in the cluster must be a minimum of one acre.
4. Multiple adjacent tracts of record may be aggregated to create a single parcel for the purpose of creating a cluster development.
5. The maximum number of parcels permissible in a cluster development is the maximum number of parcels that are authorized by the administrative rules adopted by the DEQ under Montana Code Annotated title 76, chapter 4.
6. The maximum size of parcels allowed within a cluster development is one-fourth (1/4) acre.
B. Park Dedication Requirements Waived: Park dedication requirements for clustered subdivisions created under this chapter are waived. (Ord. 784, 8-6-2007)