In order to promote the health and general welfare of the community and to preserve and make available natural open space for recreation and conservation, the Planning & Zoning Commission may grant a developer the option to vary the lot size requirements in Residential 40 and Residential 27 zoning districts, leaving a substantial area free of building lots. Such variations shall be subject to the requirements of Subdivision Regulations Section 3.2.2.A, 6.1.3, and 6.1.3.3.3, in addition to the following requirements:

to be considered for variation as stated above shall be ten (10) acres.

shall not exceed one and two-tenths (1.2) per net acre in the R-40 district, or one and nine-tenths (1.9) per net acre in the R-27 district. Net acreage shall be determined by subtracting fifteen (15) percent of the gross acreage of the parcel (for streets). The gross area of the parcel shall include only land that is not encumbered with easements or other restrictions that would prevent full use of the land.

shall be permanently reserved in open space. Such areas shall be in locations designated open spaces or greenbelts on the comprehensive plan or, where the sub-divider proposes open space in other areas; such proposals shall be subject to the approval of the Commission.

No proposed cluster development shall be considered or approved unless the dwelling units on the proposed lots are to be serviced by public sewers and either a public water supply or individual wells approved by the North Central District Health Department.

the lots shall satisfy the following requirements;

(Appl. PZ-2020-15, 1-21-2021)

shall be in condition, size and shape as to be readily usable for recreation or conservation, and shall be reserved by one of the following means:

7.7.1

Deeded to the Town.

7.7.2

Held in corporate ownership by the owners of the lots within the subdivision and such other nearby landowners who may wish to become members of the corporation. However, membership in said corporation shall be mandatory for all residents of the proposed subdivision. In the case of a corporate ownership, the developer shall include in the deed to the owners of the building lots the membership stipulation and the beneficial right of the use of the open land.

7.7.3

Held in ownership by the developer subject to a legal agreement with the Town regarding the developer's responsibility for maintenance of the balance of the land as noted above.

7.7.4

Governed by a special tax district.

7.7.5

A combination of the above.