§ 4-3005. Density bonus for cluster development in the rural residential (RR) district.

A.

General description. .....Cluster development in the rural residential (RR) district is encouraged to protect rural character and to preserve open space and productive farm and timber lands while permitting limited development in rural areas of the county. It is intended to encourage innovative and creative design of residential development; to preserve agricultural lands and enhance the rural atmosphere and visual character of the county; and, to encourage a more efficient use of land and services in order to reduce construction costs, reflect changes in the technology of land development and minimize maintenance costs of service delivery and utility systems.

B.

Applicability. .....The following provisions establish minimum performance standards associated with three (3) optional density increases which may be exercised by landowners in the RR district at the time of rezoning of the property. The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to one (1) dwelling unit per eight (8) acres or one (1) dwelling per five (5) acres, if certain development standards are met as conditions of density increase. These development standards are outlined in subsection D.

C.

General standards. .....The following general standards shall apply to all cluster developments in the RR District:

1.

The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property, which is the subject of the application.

2.

The proposed development shall contain a minimum of twenty (20) contiguous acres located within the RR district.

3.

All lots created through the act of subdivision shall be served by no more than, one (1) point of access to an existing public road. The internal street serving the subdivision shall be constructed in accordance with the applicable minimum standards of and dedicated to the Virginia Department of Transportation.

4.

In no case shall residential structures be located within one hundred (100) feet of an existing public road right-of-way. Fifty (50) feet of the one-hundred-foot bufferyard between the lots and the public road right-of-way shall be landscaped to maintain or enhance the rural image or left in a natural setting, as prescribed in section 8-1003.

5.

Dedication of additional public road right-of-way adjacent to an existing public road for future widening when the highway level of service in the area necessitates widening shall be a condition of development at each of the three (3) optional densities contained in subsection B. of this section.

D.

Density options.

1.

The base density of one (1) dwelling unit per ten (10) acres may be permitted provided:

a.

Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty percent (50%) of the total base site area is to be included in the subdivision, including lots, road right-of-way, and other required public improvements.

b.

Fifty percent (50%) of the site shall be permanently established in open space including farm or forest use and restricted from further development.

c.

The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size shall be five (5) acres, provided the health department standards for use of on-site septic systems are met.

2.

The base density may be increased to one (1) dwelling unit per eight (8) acres if the following conditions are met:

a.

Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty percent (40%) of the base site area is included in the subdivision, including lots, road rights-of-way and other required public improvements.

b.

Sixty percent (60%) of the site shall be permanently established in open space including farm or forest use and is restricted from further development.

c.

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be three and one-half (3.5) acres in size, provided the health department standards for on-site septic systems are met.

3.

The base density may be increased to one (1) dwelling unit per five (5) acres provided:

a.

Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty percent (30%) of the base site area is to be included in the subdivision, including lots, rights-of-way and other required public improvements.

b.

Seventy percent (70%) of the site shall remain in open space including farm or forest use and restricted from further development.

c.

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be one and one-half (1.5) acres, provided the health department standards for on-site septic systems are met.

E.

Open space requirements. .....Regardless of which of the three (3) density options is exercised, the following standards shall apply to any open space which may be included within and made part of the cluster development and so designated on the subdivision plat:

1.

All open spaces shall be preserved for their intended purpose.

2.

There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning the residential property within the development to insure the satisfactory maintenance of any required open space.

3.

When the development is to administer open space or other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements:

a.

The property owner or developer must establish the organization prior to the sale of any lots within the subdivision.

b.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the subdivision.

c.

The organization shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land.

d.

The organization shall conform to the Property Owners Association Act, Code of Virginia, effective July 1, 2004, as amended, and/or to any other laws and regulations of the Commonwealth of Virginia as may be applicable.

The foregoing standards for open space shall not apply to any residue acreage of the parent tract of land which is not included as part of the cluster development as lots or the required open space. (11-17-16; 7-19-18; 11-15-18.)