Article 21. CLUSTER HOUSING DEVELOPMENT  

21-1
Purpose and intent.

This section offers the option of creating subdivisions consisting of clusters of small lots and open space by right in Conservation C-1, Agricultural A-1, and Residential R-1 districts. The intent of cluster developments is to preserve rural character, reduce the amount of land consumed by development, and lower the cost of roads and other facilities.

Cluster developments shall comply with the provisions of Article 13, Site Development Plan, of this Appendix and Appendix B, Subdivisions, of the Code of Nelson County. The implementation and approval of a cluster development shall be done by the Planning Director and without a public hearing as required by the Code of Virginia (1950), as amended.

(Ord. No. O2007-003, 5-21-07)

21-2
Area and density.

A.

Conservation C-1 District.

The minimum area for a cluster development shall be two hundred (200) acres. The overall density of development shall not be greater than one (1) dwelling unit per twenty (20) acres. A minimum of forty (40) percent of the land area shall be reserved for agriculture, forestry, recreation, and/or open space.

B.

Agricultural A-1 District.

The minimum area for a cluster development shall be seventy-five (75) acres. The overall density of development shall not be greater than one (1) dwelling unit per six and eight tenths (6.8) acres and one (1) dwelling unit per twenty (20) acres for an area exceeding seventy-five (75) acres. A minimum of forty (40) percent of the land area shall be reserved for agriculture, forestry, recreation, and/or open space.

C.

Residential R-1 District.

The minimum area for a cluster development shall be thirty (30) acres. The overall density of development shall not be greater than one (1) dwelling unit per two (2) acres. A minimum of forty (40) percent of the land area shall be reserved for agriculture, forestry, recreation and/or open space.

(Ord. No. O2007-003, 5-21-07)

21-3
Design of the development.

A cluster development shall consist of a reserved area, containing no less than forty (40) percent of the total area, and a subdivided area, containing the residue. It is recommended that the unique environmental features of the site, such as wetlands, streams, ridge tops, etc. be included in the reserved area.

(Ord. No. O2007-003, 5-21-07)

21-4
Subdivision street.

A subdivision street, in a right-of-way fifty (50) feet wide, shall provide access from each lot in the subdivided area to a State maintained road or highway. The Planning Director is authorized to grant an exception to reduce the required fifty-foot right-of-way requirement for streets to no less than forty (40) feet. The street may be maintained either by a property owners' association or by the Virginia Department of Transportation and shall be constructed in accordance with the following specifications:

A.

The street is constructed to the Virginia Department of Transportation Standards for Residential Streets, and is incorporated into the State's road system for maintenance.

B.

Private streets shall consist of a minimum width of eighteen (18) feet of surface roadway with shoulders constructed to VDOT standards on both sides of the roadway. The road surface shall consist of a minimum of CBR #10 subgrade with six (6) inches of compacted aggregate of CBR #21 or #21A with prime and double seal surface treatment.

(Ord. No. O2007-003, 5-21-07)

21-5
Lot standards.

A.

The required lot area (square feet) shall be as follows:

1.

Where no public water and sewer are provided: one (1) acre (43,560 square feet) per lot.

2.

Where public sewer is provided: thirty thousand (30,000) square feet per lot minimum; one (1) acre (43,560 square feet) maximum per lot.

3.

Where both public water and sewer are provided: ten thousand (10,000) square feet per lot minimum; one (1) acre (43,560 square feet) maximum per lot.

B.

The required setbacks shall be as follows:

1.

The minimum street frontage shall be seventy (70) feet.

2.

The minimum front yard setback shall be thirty-five (35) feet.

3.

The minimum rear yard setback shall be twenty-five (25) feet.

4.

The minimum side yard setback shall be ten (10) feet and the total of both side yards shall equal twenty-five (25) feet or more.

5.

The minimum side yard setback for a zero lot line development shall be twenty-five (25) feet and there shall be at least a twenty-five (25) foot separation between zero lot primary buildings. The side of the building abutting the side yard property must be constructed according to the Virginia Uniform Building Code.

6.

The minimum setback for an accessory structure will be a minimum of ten (10) feet from a property line. An accessory structure shall not be located in the required front yard.

C.

Dwelling units per lot.

Only one (1) dwelling unit is permitted per lot in a residential cluster development.

(Ord. No. O2007-003, 5-21-07)

21-6
Preservation of the reserved area.

A.

The reserved area shall be preserved for agriculture, forestry, recreation and/or open space, by any of the means stated in this section. The Planning Director shall issue no zoning permit and the subdivision agent shall approve no plat that would violate the terms or the intent of this article.

B.

The reserved area may be leased for agriculture or forestry. The owner shall file with the Clerk of the Circuit Court a declaration of covenant stating that, in consideration of the County's approval of the subdivision as a cluster development, the owner agrees not to further subdivide or develop the reserved area, but to use it only for agriculture, forestry, recreation, and/or open space. Such declaration shall run with the land and shall be approved by the County Attorney and the Planning Director. Violation of the terms of such covenant shall constitute a violation of this chapter.

C.

The reserved area may be held by the original owner. The owner shall file with the Clerk of the Circuit Court a declaration of covenant stating that, in consideration of the County's approval of the subdivision as a cluster development, the owner agrees not to further subdivide or develop the reserved area, but to use it only for agriculture, forestry, recreation and/or open space. Such declaration shall run with the land and shall be approved by the County Attorney and the Planning Director. Violation of the terms of such covenant shall constitute a violation of this chapter.

(Ord. No. O2007-003, 5-21-07)

21-7
Procedure for approval.

A.

A landowner who intends to develop a cluster subdivision must submit the required number of development plans and subdivision plats to the Planning Director for review and approval. In the performance of his/her duties, the Planning Director may request opinions or decisions in writing from various departments or agencies of the Commonwealth of Virginia, other departments of the Nelson County government, and utility companies.

B.

The Planning Director shall act on the final development plan and subdivision plat within sixty (60) days after it has officially submitted for approval by either approving or disapproving the plans. The sixty (60) day time period for action shall not apply to cluster development plans and plats under the following circumstances:

1.

If the subdivision plat and/or development has a feature(s) requiring approval by a State agency, the Planning Director shall approve or disapprove the plans within thirty-five (35) days upon receipt of the approvals from all Federal, State and local agencies.

2.

Nothing contained in paragraph B shall require approval of the final subdivision plat and development plan for a cluster housing development in less than sixty (60) days.

(Ord. No. O2007-003, 5-21-07)