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<br />Appendix E. Selected Ordinances and Development Policies <br /> <br />Carroll County, Maryland, Cluster Subdivision Ordinance <br /> <br />ARTICLE 14, DIVISION V -Cluster Subdivisions <br /> <br />Sec. 14.5 Conditions prerequisite to approval <br /> <br />See. 14.5.1 <br />In the "R-40,OOO", "R-20,OOO", "R-lO,OOO", and "H" Districts, <br />the Planning and Zoning Commission may authorize the <br />division of tracts or parcels of land of not less than 10 acres <br />into lots for "R" District uses, and such lots and yards may be <br />smaller than otherwise required in the "R" Districts in this <br />Ordinance, provided that the following conditions are met. <br />a) The total number of lots and dwelling units shall not exceed <br />the number that ,,,,auld be permitted if the area were <br />developed in conformance with its topographic characteris- <br />tics and the normal minimum lot size requirements in the <br />zoning district in which they are located. <br />b) The land derived from reduction of lot size shall be <br />provided and maintained as "open space" or "recreational <br />areas" for joint use by the residents of the cluster <br />subdivision or offered to the County as agreed to by the <br />Planning Commission, except where such additional <br />reduction of lot size occurs as a result of utilizing TDRs <br />pursuant to section 14.46 and 14.5.1(e). <br />c) Public v.rater and sewerage facilities shall be available to <br />serve the cluster subdivision. <br />d) Common "open space" shall not be less than 15 percent of the <br />gross acreage of any tract submitted for cluster subdivision. <br />1) A maximum of 50 percent of the required open space <br />may be steep slopes, streams, ponds, watercourse, and <br />floodplain. <br />2) A minimum of 10 percent of the required open space or <br />1.5 acres, whichever is greater, shall be suitable for <br />active recreational use and may not exceed a grade of 3 <br />percent. <br />e) A cluster subdivision receiving TDRs may increase density <br />at two TDRs for every 10 lots created in accordance with <br />Section 14.5.1(a). <br /> <br />(Ordinance No. 111 -1993) <br /> <br />Sec. 14.5.2 <br />In the Conservation District, the Commission may authorize <br />the division of land into lots which may be smaller than <br /> <br />otherwise required in this District, provided the following <br />conditions are met. <br /> <br />a) Lots shall be no less than two acres nor less than 175 feet in <br />width. <br /> <br />b) The total number of lots and dwelling units shall not <br />exceed the number that ,,,Tould be permitted if the area <br />were developed in conformance with its topographic <br />characteristics and normal minimum lot size <br />requirements in the Zoning District in which they are <br />located. <br /> <br />c) The land derived from reduction of lot sizes shall be <br />provided and maintained as "open space" or "recreational <br />areas." <br /> <br />d) The open space(s) may be owned in common among the <br />residents or offered to the County as agreed to by the <br />Commission. <br />e) All land lying within 300 feet as measured horizontally of <br />the 100-year planned reservoir flood pool shall be <br />designated as open space. All land lying within 100 feet of <br />the thread of any tributary of a public water supply, <br />whether now used or planned to be used hereafter for such <br />a purpose as reflected by the Master Plan, shall be <br />designated as open space. <br />f) Any private open space created shall be subjected to a <br />conservation easement which shall be in a legal form <br />satisfactory to the County and provide for such restrictions <br />as the Commission may require. <br />g) Lots shall not be further subdivided and the Record Plat <br />shall so indicate. <br />h) All lots shall be designed and located to minimize potential <br />environmental degradation of the nahtral resources. <br />i) Access arrangements to open spaces shafl be carefufly <br />designed and located to enable perpetual maintenance and <br />accessibility. <br />jJ The foflowing minimum setbacks shafl apply: <br />Front Yard Depth--40 feet <br />Width Each Side Yard-20 feet <br />Rear Yard Depth-50 feet <br /> <br />(Ordinance No. 112 -1994) <br /> <br />Excerpts of the Sacramento County, California, Interim Floodplain Management and Development Policies <br />(Prepared by the \-Vater Resources Division, :\1arch 9, 1993) <br /> <br />BUILDABLE AREA <br />Discussion <br />The lack of sufficient buildable area above the lOG-year <br />floodplain is a constant problem. Homeowners expect to be <br />able to construct swinuning pools and other struchtres <br />associated with residential property. In the past, lots have <br />been created that do not allow enough area above the 100-year <br />floodplain to construct such structures, and in some cases only <br />the residence or conunercial structure itself is located above <br />the floodplain. The proposed policies regarding fill in the <br />floodplain will prohibit such structures from being <br /> <br />constructed. Specific minimum buildable areas are therefore <br />proposed to create areas where normal property uses will not <br />be prohibited by policies. <br /> <br />Policies <br />1. Deny creation of parcels that do not have buildable area <br />outside the IOO-year floodplain. The buildable area may be <br />constructed by the placement of fill as long as it conforms <br />with the other policies contained herein. The minimum <br />buildable area per lot required for specific zoning is <br />defined below. Note that, for purposes of this policy, <br /> <br />57 <br />