§ 200-47. Special permit required.
The Community Planning Commission may grant a special permit for the utilization of a tract of land in any residential district as a cluster residential development subject to all requirements and conditions contained in this article.
§ 200-48. Definition.
A cluster development is a subdivision in which the houses on a given tract of land are erected on lots with reduced area and frontage in order that the balance of the tract of land may remain as permanent open space under the conditions contained in this article. Housing density may not exceed the density that would have resulted if the tract were developed under the conventional full-size lot pattern as described in the Table of Dimensional and Density Regulations.
§ 200-49. Purpose.
To provide a voluntary single-family subdivision alternative for specified residential districts in order to encourage development patterns that maximize the saving of open space without increasing average density specified for the residential district, in recognition that such a clustered development pattern can: increase residential amenity, recreational opportunities, municipal economy and environmental protection, by conserving open space, scenic areas, views, streams and other community assets; promoting efficiency and economy of street and utility layout; lessening storm run-off, erosion and sedimentation normally associated with more conventional patterns of residential development; retaining natural drainage courses and wetlands; and in general promoting the health, safety, convenience and welfare of residential
areas and of the Town as a whole. In pursuit of these purposes, cluster development may be permitted subject to the conditions contained in this article.
§ 200-50. Dimensional and density requirements.
A. Any developer who wishes to subdivide his land into a cluster format shall submit a cluster subdivision plan which complies with the following zoning requirements, and which is consistent with the foregoing statements of purpose and definition of cluster.
B. Dimensional requirements:
(1) The maximum number of lots which can be developed on a tract under the cluster option shall be determined according to the following procedure:
(a) Developable acreage = [(total acreage of tract) - (unusable land)] x.70;
(b) Unusable land shall be wetlands as described in ~ 200-44B and land shown on the U.S. Soil Conservation Service Map of North Reading of October 1970, as Slope Class 5; and land within utility easements; and
(c) Once developable acreage is determined, the maximum number of lots that may be developed on the tract is obtained by dividing developable acreage by the minimum lot size for the zone in which the tract is located, as specified in the Table of Dimensional and Density Regulations.
(2) The area of the tract shown on a cluster plan shall be at least thirty (30) acres, all contained in Residential District RA, RR, RB or RD and all being held in single ownership.
(3) Every lot shall contain no less than the following:
(a) In Residence A District: 20,000 square feet.
(b) In Residence B District: 20,000 square feet.
(c) In Residence R District: 20,000 square feet.
(d) In Residence D District: 60,000 square feet.
(4) Every lot shall have a minimum frontage of fifty (50) feet on a public or private way.
(5) Provision shall be made so that each dwelling shall be set back from the public or private way on which its lot is located at least to a point on its lot where the lot width is a minimum of one hundred (100) feet in Residence A, R, B or D Districts, but in no event less than the minimum required front, back or side yard setback.
C. Common land requirements:
(1) At least forty (40) percent of the total tract area shall be set aside as common land.
(2) At least seventy-five (75) percent of the common land shall not be wetlands as defined in ~ 200-44B.
(3) At least twenty-five (25) percent of the common land shall not have slopes greater than five (5) percent.
§ 200-51. Common land.
A. The common land shall be usable open space left in its natural open state except for changes strictly consistent with scenic, landscaping or recreational purposes within the development.
B. Usable open space shall include the following:
(1) Land area of the site not covered by buildings, parking facilities or accessory structures, except recreational structures; and
(2) Land which is readily accessible from within the subdivision, and available to all occupants of the dwelling units for whose use the space is intended.
C. Usable open space shall not include the following:
(1) Proposed street rights-of-way;
(2) Open parking areas and driveways for the dwellings;
(3) Commercial areas and buildings, accessory buildings, parking and loading facilities;
(4) Surface area of any pond or lake;
(5) Required yards or setbacks or other such dimensional requirements of this article; and
(6) Easements for aboveground utilities.
§ 200-52. Mandatory provisions of special permits.
A. This special permit shall provide safeguards to insure that all common land shall be:
(1) Restricted to recreational, agricultural, conservation and/or park uses;
(2) Open to such uses by at least the owners and occupants of the lots whom the common land is designed to serve; and
(3) Restricted so that no structure shall be erected thereon except as an incident to the above uses.
B. In order to insure the permanence and maintenance of the common land, such open land shall either be conveyed to the Town and accepted by it for park or open space use, or be conveyed to a non-profit 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 residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots or residential units.
C. All plans submitted in connection with a cluster residential development shall bear a legend that the open space indicated on the plan shall be kept in an open or natural state and not be built for residential use or developed for accessory uses.
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