The purpose of this chapter is to permit such flexibility and provide performance criteria, which can result in residential cluster developments in order to:

A.

Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;

B.

Protect environmentally sensitive areas of a development site and preserve on a permanent basis common open space and natural features;

C.

Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development;

D.

Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets;

E.

Provide opportunities for social interaction and walking and hiking in common open space areas; and

F.

Provide a more desirable environment than would be possible through the strict application of other sections of this title. A residential cluster development shall be a separate entity with a distinct character in harmony with surrounding development. Common open space must be an essential and major element of the plan, which is related to and affects the long-term value of the homes and other developments.

(Ord. No. 14-08-04, § II, 9-8-2014)

As used in this ordinance, the following words and terms shall have the meanings specified herein:

"Buffer" means land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

"Cluster" or "clustering" means a site-planning technique that concentrates buildings and structures in specific areas on a lot, site, or parcel to allow the remaining land to be used for recreation, common open space, and/or preservation of features and/or structures with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings may include, but shall not be limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant common open space being devoted by deed restrictions for one or more eligible uses.

"Cluster development, residential" means a land development project in which the site planning technique of clustering dwelling units is employed.

"Common open space" means the portion of the site set aside in perpetuity as open space. This area may include wetlands, floodplains or flood-hazard areas, stream corridors, scenic views, historical or cultural features, archaeological sites, or other elements to be protected from development, as well as easements for public utilities.

"Eligible uses" means parkland, recreational fields, trails, community buildings or similar-type uses or as approved by the Middletown Planning Commission.

"Gross buildable area" means the total area of the site minus the areas that are not buildable, such as wetlands, floodplains, steep slopes, buffers and other environmental features. This resulting area is used to determine the maximum number of units to be built.

"Infrastructure" means the facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

"Land development project" means a project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned unit development and/or cluster development for residential, commercial, institutional, recreational, common open space, and/or mixed uses as are provided for in the zoning ordinance.

"Street, private" means a local roadway serving only abutting lots, not publicly dedicated or maintained by the town but meeting specific municipal improvement standards, and providing access for service and emergency vehicles.

(Ord. No. 14-08-04, § II, 9-8-2014)

A.

A residential cluster development shall be permitted in the R-20 residential zoning district. All principal and accessory uses authorized in the R-20 district shall be allowed in the cluster development.

B.

The following provisions shall apply to any residential cluster development, regardless of the general requirements of the R-20 zoning district:

1.

The minimum area of the cluster development shall be thirty (30) acres.

2.

Total density shall be two or fewer units per acre.

3.

A minimum width of sixty (60) feet per dwelling unit shall apply unless requested by the applicant and approved by the planning commission.

4.

A minimum side yard setback of five feet shall be provided between all principal buildings and structures.

5.

A minimum yard or common open space of at least twenty-five (25) feet in depth shall be provided as measured from all streets and from the side and rear lot lines at the boundaries of the entire cluster development.

6.

The maximum height limitation shall be that established for the R-20 zoning district.

(Ord. No. 14-08-04, § II, 9-8-2014)

A.

The preliminary and final site development plans for a residential cluster development shall include, but shall not be limited to, the following information:

1.

The maximum number and type of dwelling units proposed.

2.

The areas of the site on which the dwelling units are to be constructed and their building envelope size showing the general area in which the dwelling unit is to be located.

3.

The calculations for the permitted number of dwelling units based on gross buildable area.

4.

The areas of the site on which non-residential principal and accessory uses may be located and their size.

5.

The areas of the site designated for common open space and their size.

6.

The areas of the site designated for parking and loading and the size of the spaces.

7.

The location of sidewalks, trails, and bike paths.

8.

The proposed landscaping for the development.

9.

A phasing plan for the construction of the development.

(Ord. No. 14-08-04, § II, 9-8-2014)

A.

In reviewing a residential cluster development, the planning commission shall determine whether:

1.

The site plan satisfies all requirements of Section 17.42.040 above;

2.

Buildings and structures are adequately grouped so at least twenty-five (25) percent of the total area of the site is set aside as common open space. To the greatest degree practicable, common open space shall be designed as a single block and not divided into unconnected small parcels located in various parts of the development;

3.

Pedestrians can easily access common open space;

4.

The site plan establishes, where applicable, an upland buffer of vegetation of at least fifty (50) feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes, and ponds;

5.

Individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography;

6.

Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets;

7.

The site plan accommodates and preserves any features of historic, cultural, or archaeological value;

8.

Floodplains, wetlands, and areas with slopes in excess of twenty-five (25) percent are protected from development; and

9.

The cluster development advances the purposes of this ordinance as stated in Section 17.42.010 above.

B.

The planning commission may, in its opinion, apply such special conditions or stipulations to its approval of a residential cluster development as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of the comprehensive plan and the zoning and subdivision ordinances.

C.

In approving a residential cluster development, the planning commission may reduce the pavement width of any public or private streets that would otherwise be required by the subdivision regulations if the town engineer is in concurrence. An applicant who wants the reduction of pavement width of public or private streets shall submit a statement of justification for the reduction along with the site plan.

D.

Common open space. At least twenty-five (25) percent of the entire tract of land to be developed in a residential cluster development must be devoted to common open space purposes. Areas that are reserved as common open space shall be shown on the plat and approved by the planning commission.

E.

Public utilities and facilities. Public water and public sewer must be provided to the development. The planning commission may require the reservation of development sites for other public facilities (schools, fire or police stations, library, etc.) If the need of the development justifies the facilities.

(Ord. No. 14-08-04, § II, 9-8-2014)

A.

A homeowners' association shall be established to maintain all open spaces, common areas, stormwater management facilities, and private streets and to arrange for private waste removal services, if required, and snow removal services for private streets and drives. The homeowners' association shall have the responsibility to enforce all covenants and special conditions required of residents and property owners in the active adult community. Before assuming any responsibility for lands and facilities held or controlled by the homeowners' association, the burgess and commissioners may require that such land and facilities meet the minimum standards required of similar facilities for which the town is generally responsible.

B.

The planning commission shall review and approve the homeowners' association declaration of covenants, articles of incorporation and by-laws prior to final approval of the site development plan for a residential cluster development. In the event that a homeowners' association fails, refuses or neglects for any reason to maintain, operate or improve all or part of any of the facilities, common areas, common open spaces, streets, or other portions of the subdivision held or controlled by it and for which it is responsible, the town may, but shall not be obligated to, fulfill such obligations, and upon doing so, the costs and expenses incurred by the town shall be paid by the owners of the properties which are subject to the homeowners' association declaration of covenants. Each property shall be responsible for its pro rata share of the expense based upon the number of properties subject to the HOA covenants, and such charges shall be a lien upon the property and may be collected in any manner, including the collection of taxes. In no event, however, shall the town be obligated to undertake the maintenance, operation or improvement of all or part of any of the facilities, common areas, common open spaces, streets, or other portions of the subdivision for which the homeowners' association is responsible.

(Ord. No. 14-08-04, § II, 9-8-2014)