Clustered subdivisions are not permitted in the RR1 or RR2 zoning
districts. Clustered subdivisions are residential developments in
which groups or clusters of dwelling units may be located on adjoining
individual building lots which may be smaller than the required minimum
lot size for the zoning district in which they are located but within
which land is set aside as common open space, so long as the maximum
number of lots permitted shall not exceed that allowed per the underlying
zoning district. The following standards apply to development in clustered
subdivisions in place of the otherwise applicable dimensional requirements
for the zoning district in which the development is located:
A.
Lot density calculation.
(1)
Net residential acreage. The net residential acreage shall be calculated
as defined.
(2)
Maximum number of lots allowed. The maximum number of lots allowed
in a clustered subdivision shall be calculated by dividing the net
residential acreage by the minimum lot size allowed in the applicable
zoning district (net residential acreage/minimum lot size allowed
in zoning district = maximum number of lots allowed).
B.
Minimum lot size. If the lots are connected to the public water and
sewer systems, the minimum lot size for each single-family dwelling
shall be 30,000 square feet and for each duplex dwelling shall be
40,000 square feet. If the lots are connected to the public water
system but not the public sewer system, the minimum lot size for each
single-family dwelling shall be 45,000 square feet and 60,000 square
feet for each duplex. If the lots are not connected to the public
water and sewer system, the minimum lot size for each single-family
dwelling shall be 60,000 square feet and for each duplex dwelling
shall be 80,000 square feet.
D.
Frontage. Each lot shall have no less than 75 feet of lot frontage
on a street.
E.
Buffer. A buffer of at least 75 feet in width shall be created around
the entire perimeter of the subdivision. For subdivisions that front
on Tuttle, Greely, Blanchard, and Foreside Road, the buffer along
those roads shall be 150 feet. Where possible, existing trees and
vegetation shall be preserved in buffers, except that vegetation classified
as invasive may be removed.
A.
At least 25% of the total area of the tract or parcel of land being
developed must be maintained as common open space and not included
in the individual building lots. Common open space may include, but
not be limited to, the following:
(1)
Active farmland or land adjoining active farmland;
(2)
An active trail system or which provides a link to an existing trail
system;
(3)
Land which provides a buffer around a sensitive wildlife habitat
or other natural area;
(4)
Land which provides physical or visual access to a water body, including
the ocean, lake, pond, river, stream, or brook;
(5)
Land in a Resource Protection District as shown on the official Town
of Cumberland Overlay Map;
(6)
Land which is suitable for active or passive recreation; and
(7)
Land which abuts or adjoins an existing public open space.
B.
Ownership, management, legal protection, and maintenance of common
open space in a clustered subdivision.
(1)
Ownership of common open space. The applicant must identify who will
be the owner of the common open space and who will be responsible
for maintaining the common open space and facilities located thereon
if that will be someone other than the owner of the common open space.
If a homeowners association will be the owner, membership in the association
must be mandatory and will be required by deed covenants for all homeowners
in the subdivision and their successors. If a homeowners association
is the owner, it must have lien authority to ensure the collection
of assessments from all members. The cost and responsibility for maintaining
the common open space and any facilities located thereon shall be
borne by the owner.
(2)
Management of common open space. The applicant must submit a plan
for management of common open space and common facilities that:
(a)
Allocates responsibility and standards for the maintenance of
the common open space and any facilities located thereon, including
provisions for ongoing maintenance and for any required long-term
capital improvements;
(b)
Estimates the costs and staffing requirements needed for maintenance
and operation of, and insurance for the common open space and outlines
the means by which such funding will be obtained or provided;
(c)
Provides that any changes to the plan must be approved by the
Planning Board; and
(d)
Provides for the enforcement of the plan.
(3)
Legal instrument for protection of common open space. The common
open space must be protected by a binding legal instrument that is
recorded with the deed. The instrument must be a permanent conservation
easement held by one of the following:
(a)
A land trust or similar conservation-oriented nonprofit organization
with legal authority to accept such easements. The nonprofit organization
must be in good legal standing and the conveyance instruments must
contain all appropriate provisions for retransfer in the event the
organization becomes unable or chooses to not carry out its functions.
(b)
A governmental entity with the authority to pursue goals compatible
with the purposes of this chapter. If the entity accepting the easement
is not the Town, then a third-party right of enforcement granted to
the Town may be included in the easement.
(c)
A permanent restrictive covenant for conservation purposes granted
to a governmental entity.
(d)
An equivalent legal tool, if approved by the Town Attorney and
Planning Board, that provides permanent protection such as a homeowners
association.
(e)
The instrument of permanent protection must include clear restrictions
on the use of common open space and must include all restrictions
contained in this chapter, as well as any further restrictions the
applicant chooses to place on the use of the common open space. All
legal instruments provided shall be subject to review by the Town
for compliance with the requirements of this chapter.
(f)
The common open space within an approved clustered subdivision
is the responsibility of the owner(s), regardless of whether or not
the land is leased to another entity. Maintenance requirements and
restrictions must be listed and approved by the Planning Board as
part of the conditions of approval.
(4)
Additional common open space considerations:
(a)
Utility rights-of-way and areas of impervious surface may be
included within the protected common open space but cannot be counted
towards the 25% minimum area requirement (exception: historic structures
and existing trails may be counted).
(b)
Where possible, common open space areas shall be contiguous
to another common open space area either within or abutting the subdivision.
The common open space should adjoin any neighboring areas of open
space, other protected areas, and nonprotected natural areas that
would be candidates for inclusion as part of future protected open
space.
(c)
All lots must be provided with safe, convenient access to the
common open space. The minimum width of an access easement to the
common open space is 10 feet.
(d)
The applicant shall be responsible for its maintenance until
at least 75% of the lots have been sold to individual lot owners,
after which time the homeowners association shall be responsible for
such maintenance, and this requirement shall be set forth in the deed
covenants or other legal instruments binding upon the lot owner and
running with the land.
(e)
The Planning Board may require the developer to dedicate easements
not less than 10 feet wide to the Town over any existing trails that
are observable during the site walk or are shown on existing conditions
maps. If the location of the existing trails precludes the appropriate
placement of house lots or infrastructure, the trail may, with the
approval of the Planning Board, be relocated on the parcel. This provision
shall only apply to trails which connect to trails on adjacent properties.
Where an easement is dedicated to and accepted by the Town, the Town
shall have the right but not the obligation to maintain such easements.
Any such dedication must be made through appropriate legal instruments
approved by the Town Attorney.
