Clustering of residential lots is a development alternative (for design, not as a use) intended to encourage more efficient subdivision design better suited to the natural features of the land than a conventional subdivision, by regulating lots based on lot density standards rather than minimum lot size standards and by requiring that part of the subdivision not devoted to lots and roads be set aside as open space. This allows a concentration of smaller lots on those parts of the subdivision best suited to accommodate development with the least negative impact. This type of development also allows smaller and less costly networks of roads and utilities, reducing the amount of impervious surface and stormwater runoff. In addition, the open space provided by clustering can offer recreational opportunities for the subdivision's residents, to conserve and protect natural areas and environmentally sensitive areas, and to preserve historic resources. See § 156.032(F)(1) and (2) in reference to cluster development in the Anderson Creek (WS-III) and Tar Pamlico (WS-IV) regarding lot sizes in these watersheds.
(A) (1) Cluster development design standards. Should cluster development be a selected design alternative, the following standards shall apply:
(a) Clustering of lots shall not be allowed on any tract of land less than 10 acres in size for single family residential (inclusive of stick built and modular homes) or for a combination of single family residential and townhouses). If the development is only townhouses then a small tract of 5 acres may be allowed for clustering.
(b) Should clustering be selected as a design alternative, the density requirements (for residential) and built upon area (open space) requirements for the zone in which the development is located shall apply. Clustering shall not increase the density of development. In watersheds, all development must comply with the built-upon restrictions.
(c) Should clustering be selected as a design alternative, the developer and county planning staff shall coordinate in a pre-development meeting to determine applicable incentives for utilizing the clustering provision.
(d) The maximum number of lots allowed within a cluster subdivision shall be equal to the site's total land area (acreage), less the street right-of-ways, divided by the minimum lot size of the non-clustered subdivision.
(e) Each lot shall be regularly shaped and have at least 40 feet of frontage on a private or public road meeting the standards of this chapter. Side lot lines extending from a road shall be approximately perpendicular or radial to the road or street.
(f) Open space requirements shall include that land within the subdivision site not contained in lots, streets, or utility easements, and shall be in one or more parcels dedicated or reserved as permanent open space.
(2) Open space requirements.
(a) The total area of parcels dedicated or reserved as permanent open space shall make up at least 20% of the subdivision. Open space shall be dedicated or reserved for 1 or more of the following uses:
1. Conservation of any identifiable natural hazard areas, such as floodways or wetlands;
2. Conservation and protection of identified significant natural areas, such as rare plant communities, important wildlife habitat, or other environmentally sensitive areas where development might threaten water quality of ecosystems;
3. Conservation and protection of any identifiable important historic resources;
4. Provision of active and/or passive outdoor recreation opportunities, either for the general public or for the subdivision residents,
5. Retention of productive farmland or forestland for continued agricultural and/or forestry use; or
6. Establishment of a conservation reservation on the remainder of the tract, for the life of the development.
(b) Highest priority for the location, design, and use of open space shall be given to conserving, and avoiding development in any natural hazard areas on the site. Open space shall contain such buildings, structures, access ways, and parking facilities as are necessary to its principal uses. The location, size, character, and shape of the required open space shall be appropriate to its intended use; active recreation shall be located and designed so its users can easily access it.
(3) Open space dedication or reservation.
(a) Land within the subdivision site not contained in lots, streets, or utility easements, shall be in 1 or more contiguous parcels dedicated or reserved as permanent open space for the life of the development. The title to the open space shall be conveyed to a property owners' association, homeowners' association, or other legal entity (public agency or nonprofit organization) that is capable of and willing to accept responsibility for managing the open space for its intended purpose.
(b) Each dedicated or reserved open space parcel shall be shown on all subdivision plans and on record plat recorded with the Vance County Register of Deeds, with a notation of its area and its intended open space use.
(4) Maintenance of open space. The owner of the open space shall be responsible for maintaining the open space so that it continues to effectively function for its intended use and any dedication or conveyance of an open space parcel shall provide for such responsibility.
(5) General design provisions for cluster development. Subdivisions located in watersheds shall be designed so that lots and development sites are concentrated in the upland areas and away from surface waters and drainage ways, and the undeveloped areas (open space) shall remain in a vegetated or natural state. Built-upon areas shall be sited and designed to minimize stormwater runoff impact to the watershed's receiving waters.
(a) Zero side and/or rear yard setbacks (for townhouse and/or condominium development): A zero side and/or rear yard setback as permitted herein within the cluster development only and does not refer to the setbacks that abut adjoining properties (and as relates to the sides of dwelling units that face open paces areas), may be permitted, subject to the following provisions:
1. Any wall, constructed on the side or rear lot shall be solid, with no doors or windows. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall.
2. When applicable per North Carolina and National Building Codes a fire wall between units for townhouses and/or condominiums shall be incorporated.
3. If there is an offset of the wall from the lot line, such offset shall comply with the side yard setback requirements specified in § 156.032. Roof eaves may encroach 2 feet into the adjoining lot.
4. A 5 foot maintenance and access easement with a maximum eave encroachment easement of 2 feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.
5. Where zero side or rear yard setbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivision plat.
6. No structure may be located on more than 1 side lot line.