9.13.1 Purpose. The purpose of these regulations is to provide developers with greater flexibility in the design and creation of residential subdivisions while preserving significant amounts of open space and environmentally sensitive areas. This is achieved by allowing the clustering of residential lots with reduced area, frontage, and setback standards in relation to the underlying district, on areas of the proposed site which are best suited for development and leaving the remaining land as permanently protected open space.
9.13.2 Minimum area for a cluster subdivision. The minimum area for a cluster subdivision is 25 acres.
9.13.3 Minimum open space dedication. The minimum amount of open space that must be dedicated and permanently protected within a cluster subdivision is 20% of the gross acreage of the proposed subdivision. In exchange for dedication of the additional land for open space preservation, further reductions in lot frontage and setback standards shall be granted in accordance with 9.13.6 below.
9.13.4 Maximum number of lots.
A. The maximum number of lots that may be created in a cluster development shall be computed from the gross area of land to be developed minus 20% that represents the approximate area needed for roadways, drainage, and other improvements.
B. Divide the remainder by the minimum lot area requirement for single-family dwellings of the zoning district where the development is located.
C. The result is the maximum number of lots that may be created in the development. Where fractions of lots remain, the result will be rounded down to the nearest whole number of lots. The 20% factor shall be constant regardless of the actual amount of land used for the street system.
EXAMPLE: The maximum number of lots allowed in a proposed cluster subdivision consisting of 100 gross acres of land which is Zoned R-15 would be calculated as follows:
100 acres: 20% = 80 acres
80 acres x 43,560 sq. ft. = 3,484,800 sq. ft.
3,484,800 sq. ft.
15,000 sq. ft. = 232 lots
15,000 sq. ft. = 232 lots
9.13.5 Minimum lot area. The minimum residential lot area requirements of the underlying zoning district may be reduced by up to 25% within a cluster subdivision. In no case shall any residential lot within a cluster subdivision be smaller than the standards shown below:
R-10: 7,500 sq. ft.
R-15: 11,250 sq. ft.
R-20: 15,000 sq .ft.
9.13.6 Minimum lot frontage and building setbacks. The minimum lot frontage and building setback requirements of the underlying zoning district may be reduced by up to 25% within a cluster subdivision. In exchange for the dedication of additional land for open space preservation, the lot width and building setback requirements may be reduced by an additional 1% for each additional 1% of the gross acreage of the project that is dedicated for open space preservation. In no case shall the lot width or building setback requirements be reduced below 50% of the requirements of the underlying zoning district.
EXAMPLE #1: If the minimum open space dedication of 20% were proposed by the developer of a 100 acre cluster subdivision within an ‘R-15’ Zoning District, then the minimum lot frontage and building setback standards within the subdivision would be reduced by 25% as shown below:
Lot frontage: 67.5 feet
Front setback: 30 feet
Side setback: 7.5 feet
Rear setback: 26.25 feet
EXAMPLE #2: If the same developer were to propose the dedication of 35% of the gross acreage of the subdivision to open space preservation then the minimum lot frontage and setback standards would be reduced by 40% as shown below:
Lot frontage: 54 feet
Front setback: 24 feet
Side setback: 6 feet
Rear setback: 21 feet
9.13.7 Peripheral lot standards. Lots located on the periphery of a cluster subdivision which is adjacent to property that is zoned or used for residential purposes shall conform to the minimum standards of the underlying zoning district as set forth in Article 7 of this ordinance. For the purpose of this Article, peripheral lots shall be defined as any lot that contains a point which lies within 30 feet of the boundary of the subdivision.
9.13.8 Open space standards.
A. All open space dedicated to satisfy the requirements of this section shall be deeded to the town or another government entity, a homeowner’s association, or a nonprofit land trust or conservation organization. In consideration of the purposes served by a cluster subdivision, the title to such areas as provided shall be preserved to the perpetual benefit of the public generally or the private properties in the development and shall be restricted against private ownership for any other purposes.
B. To the greatest extent possible, the parcels containing open space dedicated to satisfy the requirements of this Article shall be contiguous and compact. The Planning Board shall approve the design of all required open space areas prior to approving the preliminary plat for a cluster subdivision.
C. Improvements upon land dedicated as open space shall be limited to those which contribute to the passive enjoyment of the open space. Examples of allowed passive improvements include multi-use paths, hiking trails, boardwalks, picnic shelters, viewing platforms, kayak or canoe launching areas, and similar improvements. If provided within the dedicated open space, motor vehicle parking shall utilize pervious pavement technology over 100% of the parking area. Under no circumstances shall improvements cover more than 10% of the dedicated open space.
9.13.9 Access to open space. All lots created within the development shall have direct access to all parks or open space as provided by means of public streets, dedicated walkways, other public lands, or lands in common ownership by all residents.
9.13.10 Phase developments. A cluster subdivision may be developed in phases provided that:
A. The entire project receives approval before any phase of development begins;
B. All required open space for the entire project be recorded and/or provided for in the homeowner’s association with the development of the first phase. However, cluster developments which do not involve a required homeowner’s association and which contain open space deeded to the town may be recorded, provided that the open space is deeded to and accepted by the town prior to development of the first phase; and
C. If a corporation or association is established for the open space, it will provide for total project membership.
(Ord. passed 2-3-2021)