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2011 SESSION

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HB 1931 Zoning; cluster development subject to land use ordinance of locality.

Introduced by: Daniel W. Marshall, III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Zoning; clustering.  Provides that a cluster development is otherwise subject to applicable land use ordinances of the locality; however, the locality shall not impose more stringent land use requirements for such cluster development. Also, the locality shall not prohibit extension of water or sewer from an adjacent property to a cluster development provided the cluster development is located within an area designated for water and sewer service by a county, city, or town.

SUMMARY AS INTRODUCED:

Zoning; clustering.  Requires that the comprehensive plan shall provide for clustering of single-family dwellings. Also, no clustering ordinance shall (i) prohibit extension of groundwater source systems to adjacent subdivisions; (ii) require permanent conservation areas; (iii) require such conservation areas to be excluded from the calculation of density in a cluster subdivision or exclude land in such conservation areas because of prior land disturbing activities; (iv) prohibit roads, parking areas, or stormwater management areas in such conservation areas; (v) require that lots shall directly abut the open space or a developed pathway providing direct access to such open space; (vi) require that dedications of conservation areas be contingent upon the locality approving who will own and maintain the conservation area; or (vii) require minimums for acreage and density, or other such zoning provisions that effectively frustrate the use of cluster zoning.