(a) Where the zoning ordinance permits, a proposed residential subdivision may be designed instead as a cluster subdivision for the purpose of creating a more desirable living environment than is possible under the ordinances as applied to individual residential lots; encouraging the provision and maintenance of open space and recreational areas for the residents of the subdivision; obtaining creativity, variety, efficiency, and economy in the physical development pattern of the community and their inclusion into the development pattern of the subdivision and community.
(b) The plan for a cluster development shall be submitted in accordance with the procedures and standards of the ordinance from which this section was derived.
(c) The development must be designed to produce a stable and desirable residential character. Overall densities shall not exceed those permitted in appropriate districts in the zoning ordinance. Open space areas shall meet the standards of open space and recreation areas established in the adopted comprehensive development plan. The governing body, with advice from the Planning Commission, shall have the right and responsibility to reject a proposed cluster development if the open space areas are, in its opinion, of such size and shape as to be unusable or unmaintainable for open and recreation purposes. Open space provided under cluster or planned unit development and retained by the developer or deeded to an association of homeowners shall remain permanently open for recreation purposes. The open space character of the area shall be secured by restrictive covenant or other means to protect the public's interest in maintaining the density of development and open space character. Such open space and recreation areas shall be set aside as common land for the sole benefit, use, and enjoyment of the subdivision lot owners, present, and future. All open space, tree cover areas, where acreage is utilized in determining the size and extent of common land, shall be included in the covenant or other measures as permanent open space.
(d) Open space in any one cluster development shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity, whether such areas are or will be public or private. In the case of two or more adjacent developments, proprietors may cooperatively allocate open space areas, if such areas are coordinated in design and location to an extent acceptable to the Planning Commission.
(e) Cluster developments shall be laid out so as to reduce the lineal feet of street for economy and safety that would otherwise be needed to serve the area; to economize on cost of utility installations; to retain and take advantage of existing natural features and vistas; to reduce the amount of grading required; to take maximum advantage of storage, absorption, and drainage characteristics of the natural landscape; and to otherwise secure the objectives set forth in this section. In so doing, the minimum lot areas, lot widths, and other standards may be modified in accordance with the ordinance from which this section was derived and the Village zoning ordinance.
(f) The cluster development shall be laid out so that its development can be staged in an efficient and economical manner with respect to the opening and maintenance of new streets, the provision of utilities, access to schools and other public and private service facilities, and similar considerations.
(g) Utility easements may be included in the open space area calculation only if they are available to residents of the development. The easements may be landscaped and developed for open space or recreational purposes provided that the landscaping does not adversely impact the utilities, and are safe for use by persons engaging in open space and recreation activities.
(h) Open drainage courses, suitably graded and stabilized with sod or other ground cover, and planted with trees, shrubs, and other landscape materials, and made an integral part of the overall open space and recreation system may be acceptable, if approved by the Village Engineer and the Village staff.
(i) In cluster subdivisions, the common space shall remain and be maintained in open space in perpetuity. The proprietor shall insure the permanence of both the existence and proper maintenance of the open space by either dedicating it to public agency responsible for areas and activities or by dedicating it to a homeowner's association to be made up of the residents of the subdivision. The latter method is, in general, to be preferred.
(j) Where homeowner's associations are to be used, the following conditions shall be met:
(1) The association shall be established before dwellings are sold.
(2) Membership shall be mandatory for each homebuyer and any successive buyer.
(3) Open space must be held and maintained as open space in perpetuity.
(4) The association shall be responsible for local taxes, maintenance of grounds and facilities, liability insurance, and other similar duties of ownership. Proprietor shall file declaration of covenants and restrictions with the preliminary plats, setting forth these and other features of the association. He shall also supply to the governing body a copy of articles of incorporation and a complete set of bylaws of the association.
(k) The governing body may require that, in addition to the restrictive covenants and the homeowner's association, an easement over the open space area be given to the public to insure that the area will remain open in perpetuity. Such an easement is intended only to preserve open space, and is not intended to provide public access thereto.
(Ord. 106-A86. Passed 4-9-14.)