§ 25-189. Residential cluster developments.

(a)

Definition. For the purposes of this division, a residential cluster development shall be defined as a development consisting of single-family residential uses, where residential lots and associated infrastructure are concentrated on a portion of the subject land, with the balance of the subject land reserved as permanently undeveloped required open space.

(b)

Requirement for residential clustering. The requirement for residential clustering is a function of the number of residential lots proposed and the total acreage of the proposed residential development.

(1)

Residential clustering is required based on the following formula: L≥(A/2) + 10, where L is the number of residential lots proposed, and A is the total acreage of the proposed residential development.

(2)

Residential cluster developments shall have a minimum of fifty (50) percent of the development's gross area reserved as permanently undeveloped required open space. Residential lots shall be clustered and arranged in accordance with the residential lot standards set forth in this division. Required open space shall be provided and arranged in accordance with the required open space standards set forth in this division.

(3)

The maximum residential density for residential cluster developments shall be 1.25 dwelling units per acre, based on the gross area of the development including required open space, provided that such open space accounts for a minimum of fifty (50) percent of the development's gross land area. The maximum residential density may be increased to 1.5 dwelling units per acre in exchange for a greater amount of open space, provided that such open space accounts for a minimum of sixty (60) percent of the development's gross land area.

(4)

Subdivisions that meet the requirements for "family division," as defined by the Franklin County Subdivision Ordinance, are exempt from the requirements of section 25-189; however, subdivisions that meet the requirements for "family division" may develop as residential cluster developments, provided that they meet the residential lot and required open space standards set forth in this division.

(5)

Any residential development that does not meet the clustering requirement set forth above, may nonetheless develop as a residential cluster development in accordance with the residential lot and required open space standards set forth in this division. Such residential cluster developments shall be required to reserve a minimum of fifty (50) percent of the development's gross area as permanently undeveloped required open space.

(6)

All new streets or roads serving residential lots within a residential cluster development shall be constructed to VDOT standards and dedicated into the state maintenance system.

(c)

Standards for residential lots within residential cluster developments. The following standards shall apply to the design and arrangement of residential lots within residential cluster developments:

(1)

Where residential lots within residential cluster developments have frontage on a road classified by VDOT as a primary road, the following residential lot standards shall apply:

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

The minimum road frontage shall be one hundred fifty (150) feet.

c.

For lots fronting onto a cul-de-sac, the minimum road frontage shall be thirty (30) feet, provided that the lot is at least sixty (60) feet wide as measured at the required front setback line.

(2)

Where residential lots within residential cluster developments have frontage on an existing road classified by VDOT as a secondary road, the following residential lot standards shall apply:

a.

The minimum lot size shall be fifteen thousand (15,000) square feet.

b.

The minimum road frontage shall be one hundred twenty-five (125) feet.

c.

For lots fronting onto a cul-de-sac, the minimum road frontage shall be 30 feet, provided that the lot is at least sixty (60) feet wide as measured at the required front setback line.

(3)

Where residential lots within residential cluster developments have their frontage solely along new secondary streets or roads, the following residential lot standards shall apply:

a.

The minimum lot size shall be ten thousand (10,000) square feet.

b.

The minimum road frontage shall be seventy-five (75) feet.

c.

For lots fronting onto a cul-de-sac, the minimum road frontage shall be thirty (30) feet, provided that the lot is at least sixty (60) feet wide as measured at the required front setback line.

(d)

Front setback requirements for structures on residential lots within residential cluster developments. The following standards shall apply to the placement of all buildings and structures on residential lots within residential cluster developments:

(1)

Where residential lots within residential cluster developments have frontage on a road classified by VDOT as a primary road, the minimum front setback shall be thirty-five (35) feet from the edge of right-of-way or sixty (60) feet as measured from the centerline of the right-of-way, whichever is greater.

(2)

Where residential lots within residential cluster developments have frontage on an existing road classified by VDOT as a secondary road, the minimum front setback shall be thirty (30) feet from the edge of right-of-way or fifty-five (55) feet as measured from the centerline of the right-of-way, whichever is greater.

(3)

Where residential lots within residential cluster developments have frontage solely on new secondary streets or roads, the minimum front setback shall be twenty (20) feet from the edge of right-of-way or forty-five (45) feet as measured from the centerline of the right-of-way, whichever is greater.

(e)

Other setback requirements for structures on residential lots within residential cluster developments. The following standards shall apply to the placement of buildings and structures with respect to residential lot lines:

(1)

Principal structures shall meet the following required setbacks:

a.

The minimum side setback shall be ten (10) feet.

b.

The minimum rear setback shall be twenty (20) feet.

(2)

Accessory structures shall meet the following required setbacks:

a.

The minimum side setback shall be five (5) feet.

b.

The minimum rear setback shall be five (5) feet.

(3)

Corner lots shall be deemed to have a primary front, defined as the lesser of the two road frontages; and a secondary front, defined as the greater of the two road frontages. The property line opposite the primary front shall be considered a rear property line; the property line opposite the secondary front shall be considered a side property line.

For corner lots, the following required setbacks shall apply to all principal structures:

a.

Primary front: See section 25-189(d).

b.

Secondary front: A minimum of twenty (20) feet, as measured from the edge of the right-of-way, or forty-five (45) feet, as measured from the centerline of the right-of-way, whichever is greater.

c.

Side: A minimum of ten (10) feet.

d.

Rear: A minimum of twenty (20) feet.

For corner lots, the following required setbacks shall apply to all accessory structures:

e.

Primary front: See section 25-189(d).

f.

Secondary front: A minimum of twenty (20) feet, as measured from the edge of the right-of-way, or forty-five (45) feet, as measured from the centerline of the right-of-way, whichever is greater.

g.

Side: A minimum of five (5) feet.

h.

Rear: A minimum of five (5) feet.

(f)

Standards for required open space within residential cluster developments. The following standards shall apply to the design and arrangement of required open space within residential cluster developments:

(1)

Areas of required open space shall be platted as required open space lots distinct from residential lots. Required open space lots are not required to have road frontage; however, required open space lots must be accessible either by means of direct road frontage, or by private access easement, with a minimum width of fifteen (15) feet.

(2)

Required open space lots shall have a minimum lot area of two thousand (2,000) square feet.

(3)

Required open space lots shall measure at least fifty (50) feet in width, as measured at the narrowest dimension.

(4)

A minimum of twenty-five (25) percent of the required open space shall consist of land that is not steeply sloped. For the purposes of this section, steep slopes are defined as having a slope greater than twenty-five (25) percent.

(5)

All structures located on required open space lots must be set back a minimum of twenty (20) feet from any property line.

(g)

Ownership and management of required open space within residential cluster developments. Areas of required open space shall be platted as required open space lots distinct from residential lots, with such required open space lots subject to the following ownership and management requirements: Required open space lots shall be owned and managed by a common owner, which may include a nonprofit association, a nonstock or membership corporation, trust, or foundation, provided that such common owner include all owners of residential property within the residential cluster development. Such arrangement shall conform to the following:

(1)

The developer must establish the common ownership entity prior to the sale of any residential lots within the residential cluster development.

(2)

Membership in the common ownership entity shall be mandatory for all residential property owners, present or future, within the residential cluster development.

(3)

The entity shall manage all required open space and recreational and cultural facilities; shall provide for the maintenance, administration and operation of said land and improvements, and any other land within the residential development; and shall secure liability insurance on the land.

(4)

The entity shall conform to the Condominium Act, Code of Virginia, 1950, § 55-79.39 through 55-79.103, as amended to date.

(h)

Use of required open space within residential cluster developments. Areas of required open space may be used as follows:

(1)

Permitted uses.

Agriculture, farming.

Conservations areas (public and private).

Forestal operations and management.

Playgrounds.

Preserves, wildlife refuge (public).

Stable, commercial (riding).

Stables, private.

(2)

Special use permits.

Country club.

Golf clubs, clubhouses.

Golf courses.

Parks.

Recreational facilities (private).

Recreational facilities (public).

Swim club.

(3)

The land area (footprint) of any structure located within required open space shall not count toward the fulfillment of the required open space acreage requirement.

(4)

Wells, water systems, drainfields, waste-water treatment facilities, and/or public utilities may be located in areas of required open space. However, the land area (footprint) of any associated above-ground structure shall not count toward the fulfillment of the required open space acreage requirement.

(Res. No. 22-11-2011, 11-15-11)

(Res. No. 22-11-2011, 11-15-11)