It is the intent of this section to provide for cluster subdivisions by permitting a reduction in the minimum lot size normally required in the R-120 and R-160 districts. The purpose of this development option is to promote the health and general welfare of the community by encouraging the preservation of environmental amenities, as well as the provision of more efficient use of land and facilities. Open space will be retained through the lot size reductions without density variation. In addition to this section all cluster subdivisions shall be subject to the subdivision regulations of the city.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.03.01)

A.

With the approval of the planning board any land located entirely within the R-120 and/or R-160 district may be developed as a cluster subdivision subject to the following conditions:

1.

The tract to be considered shall consist of a single parcel or a number of contiguous parcels under one ownership or control, having a total area of not less than four hundred thousand (400,000) square feet. The maximum allowable density shall be in accordance with the density requirements of the applicable zoning district.

2.

All building lots shall satisfy the following minimum requirements with regard to area, width, frontage, setbacks, height and coverage.

3.

No lot shall front on a street or road existing at the time of the application. (In addition, no lot shall be utilized for more than one dwelling, irrespective of other provisions of this zoning code.)

4.

Land not allocated to building lots and streets shall be permanently maintained as open space. The open space area shall be equal to the cumulative difference between each lot size created and the minimum lot size required by the applicable zoning district, but in no case shall be less than thirty (30) percent of the total tract acreage be designated as open space. Additionally, at least fifty (50) percent of this open space must be developable land and not wetlands, floodplain, banks, cliffs, etc.

5.

No open space shall be used except in its natural state. The only permitted uses of such open spaces are unpaved walkways and paths. Land set aside shall be in a condition and configuration so as to be usable as open space.

6.

A ten percent increase in the total number of allowable dwelling units shall be permitted if the area containing the proposed cluster subdivision is adequately served by public water. A twenty (20) percent increase in the total number of allowable dwelling units shall be permitted if the area containing the proposed cluster subdivision is adequately served by public water and sewer. The total number of dwelling units for calculating the allowable increases shall be determined by the underlying zone requirements pertaining to the area of the proposed subdivision including applicable state and federal restrictions regarding wetlands, floodplains, etc.

B.

Ownership of the open space within a cluster subdivision shall be vested in a legally viable entity which shall be responsible for the use and maintenance of the open space. Documents specifying the form of ownership shall be submitted to the planning board along with the application for approval. The planning board shall have the right to approve, reject or recommend modifications to the proposed form of ownership if, in its opinion, the proposed form of ownership does not adequately provide for controls over use and maintenance or if the creation of open space is not consistent with the objectives of the comprehensive plan.

Open land provided by a cluster development for public or common use, shall either be conveyed to the city and accepted by it for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shill pass with conveyances of the lots or units. In any case where the land is not conveyed to the city, a restriction enforceable by the city shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1262.03.02)