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space, protect natural and scenic resources, achieve a more
<br /> efficient use of land, minimige road building, and encourage a
<br /> sense of community." (Washoe County)
<br /> "The intent of this section is to permit one-family residential
<br /> development which, through~rdesign innovation, will encourage
<br /> creative development alternatives which wilt benefit the total
<br /> community by preserving desirable open space, wetlands,
<br /> designated and undesignated woodlands, and other natural
<br /> assets, in conjunction with the development, of clustered one-
<br /> family residential dwellings and provide improved design
<br /> alternatives other than conventional subdivision development
<br /> for difficult sites. The proposed cluster development must meet
<br /> the letter and spirit of the zoning ordinance, and the use will be
<br /> compatible with already existing uses in the area, not interfere
<br /> with the orderly development of the area, and not be
<br /> detrimental to the asea.~ (W~t Bloomfield Township)
<br /> Application Procedures, This section should describe the
<br />process and requirements needed to submit a cluster
<br />development proposal. Issues addressed should be where to file
<br />fide application (usually the lo.cai planning department) and
<br />additional information required beyond what has been set forth
<br />by conventional subdivision regulations: "In addition to the
<br />normally required informatioa, the submission shall include a
<br />statement setting forth the total area of the tract, the available
<br />developable acreage .... the maximum number of lots allowable
<br />under conventional zoning and subdivision requirements, the
<br />number and size of lots in theiproposed cluster development,
<br />and the total asea of the open space system." (York County)
<br />The manner of presentation of the proposal may also be
<br />included:" ... an application.., shall be submitted...
<br />accompanied by the following detail drawings and information:
<br />I. A fully dimensioned site plan drawn to scale which dearly
<br />indicates all property lines, buildings, structures .... and all
<br />existing natural land features. 2. An engineered grading plan
<br />which indicates proposed finished grade elevations, earth
<br />movement, drainage provision~ with existing natural
<br />topography overlaid. A contour interval of two (2) feet shall be
<br />required except where the slope is greater than fifteen percent
<br />(15%) in which case five (5) foot intervals axe permitted. 3.
<br />Existing and proposed utility facilities shall be shown. 4. The
<br />location, size and elevition of all exterior identification signing.
<br />5. Scale elevation drawings showing the proposed exterior
<br />exposure~ of all structures along with a description of the
<br />materials to be used in construction. 6. A basic description of
<br />the location and type of landscaping proposed to be used and
<br />the method of irrigation and maintenance. 7. On-site parking
<br />areas, points of access, visual screening devices and landscaping
<br />shall be shown." (Vista)
<br /> Open Space Provisions. Open space developments may be
<br />encouraged in several ways. A mandate is likely to be politically
<br />difficult and tends to lose the spirit of the tlr, stet development.
<br />Techniques such as using overlay zones, performance-based
<br />zoning, and density bonuses are more likely, to Succeed.
<br />· Overlay districts are sets of additional reg~xlations superim-
<br /> posed over the base district requirements, usually to protect.
<br /> some sort of resource, such as steep hillsides or scenic rivers.
<br /> For example, Vista begins i~ scenic preservation overlay
<br /> district regulations by listing the criteria an area must meet
<br /> to be a part of the district, then listing the types of develop- -'
<br /> ment that require special permits within the district: ~1.
<br /> Subdivision of land into 'five (5) or more parcels. 2. move-
<br /> ment of earth, by grading, which results in a cut or fill in
<br /> excess of five (5) feet at any point on the subject property. 3.
<br />
<br />development ofproperry which will result in the substantial
<br />alteration or removal of natural vegetation, trees, shrubs,
<br />rock outcroppings, water'course, or scenic amenities..."
<br />Performance-based zoning protects resources by regulating the
<br />impact of the uses rather'than the uses themselves. Instead of
<br />allowing uses %y right," performance-based zoning grants
<br />special permits if the proposed uses can satisfy performance
<br />criteria. For example, a model ordinance in Lane Kendig's
<br />book .Performance Zoning (APA Planners Press, 1980)
<br />describes how performance standards should be used:
<br />
<br /> The density factor (DF) is the maximum density
<br /> permitted on the buildable portion of the site... Ail
<br /> tracts of land within a district may be developed to the
<br /> same density factor. The density factor is calculated by
<br /> dividing the total number of dwelling units per acre by
<br /> the net buildable site area... The floor area factor is the
<br /> amount of floor area of a building compared with the net
<br /> buildable site area. The minimum site area specifies the
<br /> minimum total number of acres for which development
<br /> of a particular: use may be proposed. The minimum lot
<br /> area, on the other hand, specifies the minimum lot size
<br /> for agriculture, nurseries, and single-family uses.
<br />Density bonuses set the base density level of an area by
<br />determining the average densities needed to preserve the
<br />activities desired. Developers are then allowed to develop at
<br />higher densities if they use clusters to preserve open space.
<br />The density bonuses might be based on the size of the parcel,
<br />the amount of open space preserved, other special criteria, or
<br />any combination thereof. Baltimore County uses the design
<br />of the proposal to apply the following bonuses:
<br />
<br /> DU/Acre
<br />Underlying Zone Allowed by Right
<br />
<br />DR1 ~ 1 ... '
<br />DR2 2
<br />DR3.5 3.5
<br />DRS.5 5.5
<br />DR10.5 10.5
<br />
<br /> DU/Acre
<br />with Bonus
<br />
<br /> . 1.5 '
<br />
<br /> 5
<br /> 8
<br /> 16
<br />
<br /> Design Standards andRe'view. This part of the ordinance
<br />can be the most difficult to write, but if well written, will be the
<br />most beneficial section. It should include a method of calcula-
<br />tion for determining the allowable number of dwellings (overall
<br />density); infrastructure requirements for roads and provisions of
<br />water, sewer, and other utilities; permitted types of dwellings
<br />and the physical design standards; criteria establishing dimen-
<br />sions of lots, setbacks, and road frontages; the amounts and
<br />types of buffers required; and open space requirements. Charles
<br />Reed, editor of The Zoning Report, advises considering allo.wing
<br />nonresidential uses such as churches, schools, recreational
<br />complexes, and, under certain circumstances, light commei'cial.
<br /> Standards may be set by physical limitations, such as
<br />topography or soil stability, or by health requirements such as
<br />minimum :lot sizes based on the need for on-site water wells and
<br />sewage, but they should alWays be based on the reasons for.the
<br />community's desire to preserve open space. Arbitra .fy
<br />requirements should be eliminated. For example, "all lots must
<br />be at least 50 feet wide," with no explanation as to why lots
<br />must be 50 feet wide, is the sort of requirement that inhibits
<br />
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