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<br />(whether or not it is conveyed pursuant to
<br />Section [110] below). The remainder shall be
<br />the net buildable area.
<br />
<br />(c) Convert the net buildable area from acres
<br />to square feet (SA, using the equivalency of
<br />43.560 SF = 1 acre.
<br />
<br />(d) Divide the net buildable area by the small.
<br />est minimum lot size (in square feet) per unit
<br />for a dwe/fing unit permitted in the zoning
<br />district. This figure shall be rounded to the
<br />nearest lower number to establish the maxi-
<br />mum number of dwe/fing units to be permit-
<br />ted in the cluster development.
<br />
<br />The bonus provisions in Section 105(3)
<br />
<br />below are a means by which a local govemment
<br />
<br />can ensure that new housing will benefit low- and
<br />
<br />moderate-income households and implement
<br />
<br />state goals for affordable housing. Indeed, should
<br />
<br />a local govemment decide it wants to more
<br />
<br />aggressively provide for affordable housing
<br />
<br />through cluster development (as well as open
<br />
<br />space conveyance) it might increase the density
<br />
<br />bonus from the suggested figure of 25 percent.
<br />
<br />tv The [local planning commission} may approve
<br />an increase of up to [2SJ percent of the maximum
<br />number of dwelling units in the cluster develop.
<br />ment, as calculated in paragraph (2) above, if:
<br />
<br />Note that only when the common open
<br />
<br />space is .both conveyed and is accessible to
<br />
<br />the public is a density bonus justified. If the
<br />
<br />common open space was simply conveyed to
<br />
<br />a private entity (as opposed to the local gov.
<br />
<br />ernment), but there was no public access, a
<br />
<br />density bonus could not be approved.
<br />
<br />(a) the percent of density bonus is no greater
<br />than the percent of dwelling units in the cluster
<br />development that are affordable units; and/or
<br />
<br />(b) the percent of density bonus is no greater
<br />than th e percent of the gross area of the clus.
<br />ter development that is both:
<br />
<br />1. set aside as and conveyed as common
<br />open space pursuant to Sectior]" [110J;
<br />and
<br />
<br />2. accessible to the public.
<br />
<br />While these review criteria are intended to
<br />
<br />guide the planning commission in the evalua-
<br />
<br />tion of the proposed cluster development, they
<br />
<br />cannot replace a sensitive and creative site
<br />
<br />planner who has the responsibility of designing
<br />
<br />cluster development or an experienced profes.
<br />
<br />sional planner whClse responsibility it is to
<br />
<br />review the pmposal and advise the planning
<br />
<br />commission on necessary design changes.
<br />
<br />106. Procedures for Review
<br />
<br />(1) The [local planning commissionJ shall review
<br />and approve a residential cluster development
<br />and any amendments thereto as a land develop-
<br />ment project in the manner provided for in [cite
<br />
<br />64
<br />
<br />applicable state statute). together with any ordi-
<br />nances and regulations .adopted pursuant
<br />thereto and appearing in [cite applicable local
<br />land development regulations].
<br />
<br />10J. Review Criteria
<br />
<br />(1) In reviewing a residential cluster develop-
<br />men~ the [local planning commission shall
<br />determine whether:
<br />
<br />(a) the site plan satisfies the requirements of
<br />Sections [103J, [104}, and [10S};
<br />
<br />(b) buildings and structures are adequately
<br />grouped so at leaf!: [2SJ percent of the total area
<br />of the site is set aside as common open space. To
<br />the greatest degree practicable, common open
<br />space shall be dE?ignated as a single block and
<br />not divided into unconnected small parcels
<br />located in vafiou~ parts of the development;
<br />
<br />
<br />(c) pedestrians can easily access common
<br />open space;
<br />
<br />(d) the site plan establishes, where applica-
<br />ble, an upland buffer of vegetation of at least
<br />[50J feet in depth adjacent to wetlands and
<br />surface waters, induding creeks, streams,
<br />springs, laJces, and ponds;
<br />
<br />(e) individual lots, buildings, structures,
<br />streets, and parking areas are situated to
<br />minimize the ?Iteration of natural features,
<br />natural vegetation, and topography;
<br />
<br />(f) e>6sting scenic views or vistas are permit-
<br />ted to remain 'unobstructed, especially from
<br />public streets;
<br />
<br />(g) the site plan accommodates and pre-
<br />serves any features of historic, cultural, or
<br />archaeological value;
<br />
<br />(11) floodplains, wetlands, and areas with
<br />slopes in excess of [25J percent are protected
<br />from development;
<br />
<br />W the cluster development advances the pur-
<br />poses of this ordinance as stated in Section
<br />[101]; and
<br />
<br />(j) [other, such as contiguity requirement for
<br />common open space].
<br />
<br />(2) The [Ioca! planning commission] may, in its
<br />opinion, apply such special conditions or stipula-
<br />tions to its approval of a residential cluster devel-
<br />opment as may be required to maintain harmony
<br />with neighboring uses and to promote the objec-
<br />tives and purposes of the comprehensive plan and
<br />the zoning and subdivision ordinances.
<br />
<br />C3J If the [local planning commissionJ finds that
<br />the requirements of paragraph (1) above are sat-
<br />isfied, it shall approve the residential cluster
<br />development. subject to any special conditions
<br />or stipulations pursuant to paragraph (2) above,
<br />any density bonus pursuant to Section [10SJ, and
<br />any reductions [and/or waivers] pursuant to
<br />Section [108].
<br />
<br />Most local governments have adopted
<br />standard design specifications ror streets. This
<br />allows the planning commission to reduce street
<br />pavement widths in order to minimize impervi-
<br />ous surfaCES on the site, as well as to limit the
<br />portions of the site that must be regraded to
<br />accommodate wider streets. If a street proposed
<br />in a cluster development is to be used as a con-
<br />nector from an adjoining dEvelopment or as a
<br />through street, it is probably not a candidate for
<br />a reduction in width. There is no firm rule, how-
<br />ever, on when a reduction or waiver should be
<br />allowed, and detemninations should be made
<br />on a case-by-case basis.
<br />The 22-foot pavement width shown in
<br />brackets assumes a 15-foot travel lane and a
<br />seven-root parking area. If parking were
<br />desired on both sides of the street, a 28-root
<br />pavement would accommodat~ two seven-foot
<br />parking lanes and a 14-foot wide travel lane.
<br />
<br />108. Reduction [and/or Waiver] of Certain
<br />Physical Design Requirements
<br />
<br />(1) In approving a residential duster develop-
<br />ment, the [Iocal.planning commissionJ may
<br />reduce the pavement width of any public Dr pri-
<br />vate streets that would otherwise be required by
<br />the [subdivision 'regulations Dr other design
<br />specifications for Toads] to [22J feet.
<br />
<br />(2) An applicant who wants the reduction of
<br />pavement width of public Dr private streets as
<br />provided for in paragraph (1) above, shall submit
<br />a statement of justification for the reduction
<br />[and/or waiverJ along with the final site plan.
<br />
<br />lr the density bonus is to be given on the
<br />basis of a guarantee of the provision of afford-
<br />able housing, there must be a mechanism to
<br />ensure that the housing, whether it is for sale
<br />or for rent, will remain affordable for a reason-
<br />able period oHime. This is done through a
<br />
<br />ZONING PRACTICE 8.07
<br />AMERICAN PLANNING ASSDClATIO,,! I pagE 6
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