It is the objective of this section to encourage innovative development proposals that exhibit such special qualities or concepts that they may deviate from standard ordinance requirements. These regulations are established in order that each cluster development proposal will be evaluated on its own merits. It is recognized that some proposals or concepts will be more successful than others and the approval of a specific proposal in one situation does not mean that a similar proposal would be acceptable in other circumstances. These provisions are purely optional and are a voluntary means by which land may be developed outside of the standard ordinance requirements. These provisions are designed to evaluate only those innovative concepts that propose to meet a community need that would not otherwise be met. Finally, it should be emphasized that these provisions should not be confused with or take the place of the normal variance procedures established either in this Ordinance or in the subdivision ordinance.

For the purpose of this section, the Montgomery County Planning Board is empowered to review and approve cluster development applications.

The zoning standards listed below which would normally apply to development may be modified through the cluster development process.

A.

Lot area.

B.

Lot width.

C.

Public street frontage.

D.

Setback and yards.

E.

Building separation.

F.

Height of fences and walls.

G.

Off-street parking.

H.

Open space.

The subdivision design standards listed below which would normally apply to development may be modified through the innovative development process.

3.1.

Street Right-of-Way.

A.

Street right-of-way must be at least forty (40) feet for a "private street."

B.

Street right-of-way must be at least forty (40) feet for a "public street" in accordance with NC DOT standards.

C.

The Planning Board may modify above right-of-way requirements as they deem necessary or justifiable.

3.2.

Sidewalks. Where required or used, sidewalks must conform to Montgomery County standards.

3.3.

Curb and Gutter. Where required or used for public streets, curbs and gutters must conform to NC DOT standards.

3.4.

Street Type.

A.

Where a "public street" is used, it must be constructed in accordance with NC DOT standards.

B.

Where a "private street" is used, it must be constructed in accordance with NC DOT standards with regard to pavement and stone thickness. Private streets must be identified on any record maps as "private street."

C.

The Planning Board may modify the above requirements as they deem necessary or justifiable.

D.

In Montgomery County, any street that is to be acceptable for public maintenance must be built in accordance with the standards of the State of North Carolina.

E.

All other provisions of the Montgomery County Subdivision Ordinance remain in effect.

Because of the special nature of these provisions, it is desirable to limit the size of the area proposed for innovative development. This will insure the appropriateness of the land use relationships with adjoining property while providing the needed flexibility that is essential to the success of these provisions.

In the event an owner of a large tract of land desires to have more than one innovative development proposal (project) within the perimeter boundary of the larger tract, each project must comply with this Ordinance.

The project area that may be considered under these provisions is listed below.

Development may be accomplished through a single application for the entire allowable acreage or through a series of smaller areas which together do not exceed the maximum size allowed.

In order to insure that each project constructed under this Ordinance provides for adequate open space, both common open spaces for the enjoyment of the residents as well as adequate private open space for each home will comply with the following minimum standards.

The minimum common open space to be provided for each project exclusive of street right-of-ways is to be ten percent (10%) of the gross site area.

Each lot must contain at a minimum fifty percent (50%) of open space exclusive of all roof areas. Decks, trellises and patios may occur within this area, however, nothing under this Ordinance is to modify the normal building standards required by the North Carolina state building code.

Each lot shall provide a minimum of two (2) off-street parking spaces. These may be covered or uncovered, stacked, or side by side.

Each project, prior to final approval, must submit a preliminary description of the organization of the Homeowners' Association as well as restrictive covenants which apply to the community. These shall address the maintenance and responsibility for both public and private open spaces as well as maintenance requirements for patio exterior walls.

Clustering of development is allowed in all Watershed Areas (except WS-I) under the following conditions:

8.1.

Minimum Lot Sizes and Numbers of Lots. Minimum lot sizes are not applicable to single family cluster development projects except as described under the regulations for the applicable zoning district, as modified elsewhere in Article VIII, Cluster Developments, however, the total number of lots shall not exceed the number of lots which would be allowed for a single family detached development on the same site.

8.2.

Built-Upon Areas. Built-upon areas shall not exceed that allowed for the critical area or balance of the watershed, whichever applies. All built-upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

8.3.

Areas Other Than Built Upon Areas. The remainder of the tract (not built-upon) shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to any incorporated homeowners association for management, to a local government for preservation as a park or open space, or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

In applying for approval of a cluster development concept, the applicant must include a letter to the Director of Planning with a statement of intent outlining the purpose and objectives of the proposed development, the particular development standards that are being modified, the special design features or amenities that are being incorporated into the plan which make the proposed development significant and worthy of approval, and any other applicable information that the applicant may feel is appropriate. The applicant must submit a site development plan drawn to scale showing the information listed below.

A.

Proposed lot configuration(s).

B.

Proposed vehicular circulation system and off-street parking arrangements.

C.

Proposed pedestrian and/or open space system.

D.

Proposed screening, including fences, walls, or planting areas.

E.

Proposed treatment of any existing significant natural features.

The Board of County Commissioners, the Planning Board, or the Zoning Administrator may require additional information that may be necessary for an adequate review of the proposed development. This information may include individual dwelling unit concepts, intended use and design of the open space network, recreational amenities, and other similar information.

In evaluating an application for innovative developments, the Planning Board will consider whether the development plan meets the objective listed below:

A.

Accomplishes objectives as specified in the statement of intent.

B.

Exhibits special, atypical design features and thoughtful, imaginative use of the land.

C.

Provides for reasonable and appropriate land use relationships, both within the development itself and with surrounding areas adjacent to the development.

D.

Provides the community with a beneficial, alternative design concept which is potentially applicable in other community situations.

If the Planning Board disapproves an application for an innovative development, the grounds for the disapproval will be stated in the records of the Planning Board. Any appeal from the decision of the Planning Board may be taken to the Board of County Commissioners.