The intent of Cluster Residential Subdivisions are to provide for and encourage flexible and creative development techniques aimed toward providing a healthy and safe, natural, and built environment. The following requirements shall be satisfied:
(A) Property Ownership Requirements. Any ownership arrangement, including fee simple lots or condominiums are permitted in Cluster Residential Subdivisions. The arrangement of dwelling units shall comply with all development standards contained in the applicable zoning district except as modified below.
(1) Permitted Density. The maximum number of housing units permitted in a Cluster Residential Subdivision is determined by using the minimum lot area required in the zoning district and shall use the following formula:
(TSA/MLA) * 90 percent
TSA : Total site area in square footage, excluding any area within the existing public right-of-way or land that is subject to an existing conservation easement. Total site area also does not include any area occupied by ponds that are greater than one acre in size.
MLA : Minimum lot area in square footage required in a given zoning district.
90 percent = A factor to account for public or private right-of-way required in a development.
When the above formula produces a fractional value, the number shall be rounded to the nearest whole number.
(2) Density Bonus. At the sole option of the developer, a bonus of additional housing units will be allowed when required open space is made available to the public. For every whole acre of land devoted to walking/biking trails, equestrian trails, park areas, or other required open space that is also available for public use, up to one additional housing unit may be added to overall density, provided, however, that overall density does not increase by more than fifteen percent (15%) beyond the number of units allowed.
(3) Modifications to Area and Height Regulations. Minimum lot area requirements contained in given zoning districts are modified in a Cluster Residential Subdivision to provide for required open space and to allow for flexibility in design. The Planning Commission may modify the area and height regulations contained in the applicable zoning district if appropriate to get the promote the best design.
(4) Lot Area Requirements. Dwelling units are not required to be on individual lots and there are no minimum lot sizes. However, when lots are included in a development plan, such lots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing and yard requirements defined herein.
(5) Minimum Yard Depths. Shall be determined by the Planning Commission based on the type and height of the residences proposed, topography, existing and proposed landscaping, and characteristics of adjacent development.
(6) Sewage Disposal and Water. Cluster Residential Subdivisions shall be served by public sewage disposal and water facilities consistent with applicable city regulations.
(7) Wetlands in Cluster Residential Subdivisions. Wetlands found within a site proposed to be developed as an Cluster Residential Subdivision must remain in a natural state and no off-site mitigation of wetlands shall be permitted.
(8) Minimum Required Open Space. All Cluster Residential Subdivisions shall incorporate not less than 50 percent of the total site’s acreage as required common open space. This required open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site. In the case of phased developments, open space shall be provided in a proportional manner with a developed area.
(9) Areas Not Considered Required Open Space. Areas that specifically shall not be considered required open space include:
(a) Private roads and public road rights- of-way.
(b) Public or private parking areas, access ways, and driveways.
(c) Required setbacks between buildings, parking areas, and project boundaries.
(d) Required setbacks between buildings and streets.
(e) Required minimum spacing between buildings and parking areas.
(f) Private yards.
(g) Land that is subject to preexisting conservation easements or similar limitations on development.
(B) Use of Required Open Space. Areas designated for required open space may be:
(1) Preserved in its natural state.
(2) Designed and intended for the use and/or enjoyment of residents (or general public) of the proposed development.
(3) Utilized as a buffer area to separate a development from surrounding properties.
(4) Utilized for farming when authorized in a conservation easement or in an Association’s covenants and restrictions.
(5) Utilized as wet or dry storm water management ponds or basins. These ponds or basin may be located partially or entirely within the required open space. Easements shall be required to enable the maintenance of these facilities
(6) Used as active recreation areas. These active recreation areas shall be located in areas with the least impact on natural amenities and wildlife habitats, of a useable size and shape for the intended purpose.
(C) Design and Location of Required Open Space. Land that is to be designated as required open space shall be designed as a connected and contiguous open space system and all residential properties shall have access to this open space.
(D) Reclamation of Disturbed Open Space. Any areas to be designated as required open space that is disturbed during construction or otherwise not preserved in its natural state shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
(E) Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of West Carrollton. Subject to permanent restrictions as set forth above, required open space in a Cluster Residential Subdivision may be owned by an Association, the City, a Land Trust or other organization recognized by West Carrollton. Required open space may be held by the individual members of a Condominium Association as tenants-in-common or may be held in common ownership by a Homeowner’s Association, Community Association, or other similar legal entity. The City’s legal advisor shall determine, based on documents submitted with the development plan, that the Association’s bylaws or code of regulations specifies the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in the condominium.
(2) The Association shall be responsible for maintenance, control, and insurance of all common areas, including required open space.
(F) Conservation Easements. With the permission of the City, the owner(s) of the required open space may, in accordance with provisions of ORC § 5301.67 - .70, grant or transfer a conservation easement to any entity described in ORC § 5301.68, provided that the entity and the provisions of the conservation easements are acceptable to the City of West Carrollton. When a deed restriction is proposed as the method of restricting further subdivision of land designated as open space, the City of West Carrollton shall be named as a party to such deed restrictions with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under ORC § 5301.68, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
(G) Development Plan Submission Requirements. All proposed Cluster Residential Subdivisions shall provide a site analysis and a development plan in accordance with all requirements set forth in § 154.14.01. This site analysis and development plan, together with any required application forms, shall be transmitted to and reviewed by the Planning Commission in the manner described herein.
(H) Amendments. After a Cluster Residential Subdivision has been approved, adjustments, or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested. Changes, as defined herein, may be permitted with approval by the Planning Commission in accordance with § 154.14.01.