{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2286.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2286.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2286.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2286.1.html"}],"law_id":74667,"edition_id":1,"section_id":74667,"structure_id":12775,"section_number":"15.2-2286.1","catch_line":"Provisions for clustering of single-family dwellings so as to preserve open space","history":"2006, c. 903; 2011, cc. 519, 549.","full_text":"A\n\nThe provisions of this section shall apply to any county or city that had a population growth rate of 10% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. However, the requirements of this section shall not apply to any such county or city that has a population density of more than 2,000 people per square mile, according to the most recent report of the United States Bureau of the Census.B\n\nAny such locality shall provide in its zoning or subdivision ordinances, applicable to a minimum of 40% of the unimproved land contained in residential and agricultural zoning district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the governing body may, in its discretion, include any provisions it determines appropriate to ensure quality development, preservation of open space, and compliance with its comprehensive plan and land use ordinances. 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.\n\t\t\tThe 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 or public service authority.\n\t\t\tFor any “open space” or “conservation areas” established in a cluster development, the locality shall not (i) require in such areas identification of slopes, species of woodlands or vegetation and whether any of such species are diseased, the locations of species listed as endangered, threatened, or of special concern, or riparian zones or require the applicant to provide a property resource map showing such matters in any conservation areas, other than that which may be required to comply with an ordinance adopted pursuant to § 15.2-961 or 15.2-961.1 or applicable state law; (ii) require such areas be excluded from the calculation of density in a cluster development or exclude land in such areas because of prior land-disturbing activities; (iii) prohibit roads from being located in such areas for purposes of access to the cluster development, but the locality may require such roads be designed to mitigate the impact on such areas; (iv) prohibit stormwater management areas from being located in such areas; or (v) require that lots in the cluster development directly abut such areas or a developed pathway providing direct access to such areas.\n\t\t\tFor purposes of this section, “open space” or “conservation areas” shall mean the same as “open-space land” in § 10.1-1700.\n\t\t\tThe density calculation of the cluster development shall be based upon the same criteria for the property as would otherwise be permitted by applicable land use ordinances. As a locality provides for the clustering of single-family dwellings and the preservation of open space developments, it may vary provisions for such developments for each different residential zoning classification within the locality. For purposes of this section, “unimproved land” shall not include land owned or controlled by the locality, the Commonwealth or the federal government, or any instrumentality thereof or land subject to a conservation easement.\n\t\t\tIf proposals for the clustering of single-family dwellings and the preservation of open space developments comply with the locality’s adopted standards, conditions, and criteria, the development and open space preservation shall be permitted by right under the local subdivision ordinance. The implementation and approval of the cluster development and open space preservation shall be done administratively by the locality’s staff and without a public hearing. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for such developments. However, any such ordinance may exempt (a) developments of two acres or less and (b) property located in an Air Installation Compatible Use Zone from the provisions of this subdivision.C\n\nAdditionally, a locality may, at its option, provide for the clustering of single-family dwellings and the preservation of open space at a density calculation greater than the density permitted in the applicable land use ordinance. To implement and approve such increased density development, the locality may, at its option, (i) establish and provide, in its zoning or subdivision ordinances, standards, conditions, and criteria for such development, and if the proposed development complies with those standards, conditions, and criteria, it shall be permitted by right and approved administratively by the locality’s staff in the same manner provided in subsection A, or (ii) approve the increased density development upon approval of a special exception, special use permit, conditional use permit, or rezoning.D\n\nNotwithstanding any of the requirements of this section to the contrary, any local government land use ordinance in effect as of June 1, 2004, that provides for the clustering of single-family dwellings and preservation of open space development by right in at least one residential zoning classification without requiring either a special exception, special use permit, conditional use permit, or other discretionary approval may remain in effect at the option of the locality and will be deemed to be in compliance with this section. Any other locality may adopt provisions for the clustering of single-family dwellings, following the procedures set out in this section, in its discretion.","order_by":null,"text":{"0":{"id":268382,"text":"The provisions of this section shall apply to any county or city that had a population growth rate of 10% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. However, the requirements of this section shall not apply to any such county or city that has a population density of more than 2,000 people per square mile, according to the most recent report of the United States Bureau of the Census.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268383,"text":"Any such locality shall provide in its zoning or subdivision ordinances, applicable to a minimum of 40% of the unimproved land contained in residential and agricultural zoning district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the governing body may, in its discretion, include any provisions it determines appropriate to ensure quality development, preservation of open space, and compliance with its comprehensive plan and land use ordinances. 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.\n\t\t\tThe 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 or public service authority.\n\t\t\tFor any “open space” or “conservation areas” established in a cluster development, the locality shall not (i) require in such areas identification of slopes, species of woodlands or vegetation and whether any of such species are diseased, the locations of species listed as endangered, threatened, or of special concern, or riparian zones or require the applicant to provide a property resource map showing such matters in any conservation areas, other than that which may be required to comply with an ordinance adopted pursuant to § 15.2-961 or 15.2-961.1 or applicable state law; (ii) require such areas be excluded from the calculation of density in a cluster development or exclude land in such areas because of prior land-disturbing activities; (iii) prohibit roads from being located in such areas for purposes of access to the cluster development, but the locality may require such roads be designed to mitigate the impact on such areas; (iv) prohibit stormwater management areas from being located in such areas; or (v) require that lots in the cluster development directly abut such areas or a developed pathway providing direct access to such areas.\n\t\t\tFor purposes of this section, “open space” or “conservation areas” shall mean the same as “open-space land” in § 10.1-1700.\n\t\t\tThe density calculation of the cluster development shall be based upon the same criteria for the property as would otherwise be permitted by applicable land use ordinances. As a locality provides for the clustering of single-family dwellings and the preservation of open space developments, it may vary provisions for such developments for each different residential zoning classification within the locality. For purposes of this section, “unimproved land” shall not include land owned or controlled by the locality, the Commonwealth or the federal government, or any instrumentality thereof or land subject to a conservation easement.\n\t\t\tIf proposals for the clustering of single-family dwellings and the preservation of open space developments comply with the locality’s adopted standards, conditions, and criteria, the development and open space preservation shall be permitted by right under the local subdivision ordinance. The implementation and approval of the cluster development and open space preservation shall be done administratively by the locality’s staff and without a public hearing. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for such developments. However, any such ordinance may exempt (a) developments of two acres or less and (b) property located in an Air Installation Compatible Use Zone from the provisions of this subdivision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268384,"text":"Additionally, a locality may, at its option, provide for the clustering of single-family dwellings and the preservation of open space at a density calculation greater than the density permitted in the applicable land use ordinance. To implement and approve such increased density development, the locality may, at its option, (i) establish and provide, in its zoning or subdivision ordinances, standards, conditions, and criteria for such development, and if the proposed development complies with those standards, conditions, and criteria, it shall be permitted by right and approved administratively by the locality’s staff in the same manner provided in subsection A, or (ii) approve the increased density development upon approval of a special exception, special use permit, conditional use permit, or rezoning.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268385,"text":"Notwithstanding any of the requirements of this section to the contrary, any local government land use ordinance in effect as of June 1, 2004, that provides for the clustering of single-family dwellings and preservation of open space development by right in at least one residential zoning classification without requiring either a special exception, special use permit, conditional use permit, or other discretionary approval may remain in effect at the option of the locality and will be deemed to be in compliance with this section. Any other locality may adopt provisions for the clustering of single-family dwellings, following the procedures set out in this section, in its discretion.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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amendments; applicant to pay delinquent taxes; penalties","url":"\/15.2-2286\/","token":"15.2\/II\/22\/7\/15.2-2286","metadata":false},"next_section":{"id":86307,"structure_id":12775,"section_number":"15.2-2287","catch_line":"Localities may require oath regarding property interest of local officials","url":"\/15.2-2287\/","token":"15.2\/II\/22\/7\/15.2-2287","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2286.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 903<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2011, chapters 519<\/a> and 549<\/a>.<\/p>","references":[{"id":68849,"section_number":"36-98","catch_line":"Board to promulgate Statewide Code; other codes and regulations superseded; exceptions","order_by":null,"url":"\/36-98\/"}],"refers_to":[{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"},{"id":68912,"section_number":"15.2-961","catch_line":"Replacement of trees during development process in certain localities","order_by":null,"url":"\/15.2-961\/"},{"id":79501,"section_number":"15.2-961.1","catch_line":"Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards","order_by":null,"url":"\/15.2-961.1\/"}],"permalink":{"id":155247,"object_type":"law","relational_id":74667,"identifier":"15.2-2286.1","token":"15.2\/II\/22\/7\/15.2-2286.1","url":"\/15.2-2286.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2286.1\/","token":"15.2\/II\/22\/7\/15.2-2286.1","dublin_core":{"Title":"Provisions for clustering of single-family dwellings so as to preserve open space","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2286.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this section shall apply to any county<\/span> or city<\/span> that had a population growth rate of 10% or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. However, the requirements of this section shall not apply to any such county<\/span> or city<\/span> that has a population density of more than 2,000 people per square mile, according to the most recent report of the United States Bureau of the Census. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any such locality<\/span> shall provide in its zoning<\/span> or subdivision ordinances<\/span>, applicable to a minimum of 40% of the unimproved land contained in residential and agricultural zoning<\/span> district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space<\/span> developments<\/span>. In establishing such standards, conditions, and criteria, the governing body<\/span> may, in its discretion, include any provisions it determines appropriate to ensure quality development<\/span>, preservation of open space<\/span>, and compliance with its comprehensive plan and land use ordinances<\/span>. A cluster development<\/span> is otherwise subject to applicable land use ordinances<\/span> of the locality<\/span>; however, the locality<\/span> shall not impose more stringent land use requirements for such cluster development<\/span>.\n\t\t\tThe locality<\/span> shall not prohibit extension of water or sewer from an adjacent property to a cluster development<\/span> provided the cluster development<\/span> is located within an area designated for water and sewer service by a county<\/span>, city<\/span>, or town<\/span> or public service authority.\n\t\t\tFor any “open space<\/span>” or “conservation areas<\/span>” established in a cluster development<\/span>, the locality<\/span> shall not (i) require in such areas identification of slopes, species of woodlands or vegetation and whether any of such species are diseased, the locations of species listed as endangered, threatened, or of special concern, or riparian zones or require the applicant to provide a property resource map showing such matters in any conservation areas<\/span>, other than that which may be required to comply with an ordinance<\/span> adopted pursuant to § 15.2-961<\/a> or 15.2-961.1<\/a> or applicable state law<\/span>; (ii) require such areas be excluded from the calculation of density in a cluster development<\/span> or exclude land in such areas because of prior land-disturbing activities; (iii) prohibit roads from being located in such areas for purposes of access to the cluster development<\/span>, but the locality<\/span> may require such roads be designed to mitigate the impact on such areas; (iv) prohibit stormwater management areas from being located in such areas; or (v) require that lots in the cluster development<\/span> directly abut such areas or a developed pathway providing direct access to such areas.\n\t\t\tFor purposes of this section, “open space<\/span>” or “conservation areas<\/span>” shall mean the same as “open-space land<\/span>” in § 10.1-1700<\/a>.\n\t\t\tThe density calculation of the cluster development<\/span> shall be based upon the same criteria for the property as would otherwise be permitted by applicable land use ordinances<\/span>. As a locality<\/span> provides for the clustering of single-family dwellings and the preservation of open space<\/span> developments<\/span>, it may vary provisions for such developments<\/span> for each different residential zoning<\/span> classification within the locality<\/span>. For purposes of this section, “unimproved land” shall not include land owned or controlled by the locality<\/span>, the Commonwealth or the federal government, or any instrumentality thereof or land subject to a conservation easement.\n\t\t\tIf proposals for the clustering of single-family dwellings and the preservation of open space<\/span> developments<\/span> comply with the locality<\/span>’s adopted standards, conditions, and criteria, the development<\/span> and open space<\/span> preservation shall be permitted by right under the local subdivision ordinance<\/span>. The implementation and approval of the cluster development<\/span> and open space<\/span> preservation shall be done administratively by the locality<\/span>’s staff and without a public hearing<\/span>. No local ordinance<\/span> shall require that a special exception<\/span>, special use, or conditional use permit be obtained for such developments<\/span>. However, any such ordinance<\/span> may exempt (a) developments<\/span> of two acres or less and (b) property located in an Air Installation Compatible Use Zone from the provisions of this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Additionally, a locality<\/span> may, at its option, provide for the clustering of single-family dwellings and the preservation of open space<\/span> at a density calculation greater than the density permitted in the applicable land use ordinance<\/span>. To implement and approve such increased density development<\/span>, the locality<\/span> may, at its option, (i) establish and provide, in its zoning<\/span> or subdivision ordinances<\/span>, standards, conditions, and criteria for such development<\/span>, and if the proposed development<\/span> complies with those standards, conditions, and criteria, it shall be permitted by right and approved administratively by the locality<\/span>’s staff in the same manner provided in subsection A, or (ii) approve the increased density development<\/span> upon approval of a special exception<\/span>, special use permit, conditional use permit, or rezoning. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any of the requirements of this section to the contrary, any local government<\/span> land use ordinance<\/span> in effect as of June 1, 2004, that provides for the clustering of single-family dwellings and preservation of open space<\/span> development<\/span> by right in at least one residential zoning<\/span> classification without requiring either a special exception<\/span>, special use permit, conditional use permit, or other discretionary approval may remain in effect at the option of the locality<\/span> and will be deemed to be in compliance with this section. Any other locality<\/span> may adopt provisions for the clustering of single-family dwellings, following the procedures set out in this section, in its discretion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISIONS FOR CLUSTERING OF SINGLE-FAMILY DWELLINGS SO AS TO PRESERVE OPEN\nSPACE (\u00a7 15.2-2286.1)\n\nA. The provisions of this section shall apply to any county or city that had a\npopulation growth rate of 10% or more from the next-to-latest to latest\ndecennial census year, based on population reported by the United States Bureau\nof the Census. However, the requirements of this section shall not apply to any\nsuch county or city that has a population density of more than 2,000 people per\nsquare mile, according to the most recent report of the United States Bureau of\nthe Census.\n\nB. Any such locality shall provide in its zoning or subdivision ordinances,\napplicable to a minimum of 40% of the unimproved land contained in residential\nand agricultural zoning district classifications, standards, conditions, and\ncriteria for the clustering of single-family dwellings and the preservation of\nopen space developments. In establishing such standards, conditions, and\ncriteria, the governing body may, in its discretion, include any provisions it\ndetermines appropriate to ensure quality development, preservation of open\nspace, and compliance with its comprehensive plan and land use ordinances. A\ncluster development is otherwise subject to applicable land use ordinances of\nthe locality; however, the locality shall not impose more stringent land use\nrequirements for such cluster development.\n\t\t\tThe locality shall not prohibit extension of water or sewer from an adjacent\nproperty to a cluster development provided the cluster development is located\nwithin an area designated for water and sewer service by a county, city, or town\nor public service authority.\n\t\t\tFor any “open space” or “conservation areas”\nestablished in a cluster development, the locality shall not (i) require in such\nareas identification of slopes, species of woodlands or vegetation and whether\nany of such species are diseased, the locations of species listed as endangered,\nthreatened, or of special concern, or riparian zones or require the applicant to\nprovide a property resource map showing such matters in any conservation areas,\nother than that which may be required to comply with an ordinance adopted\npursuant to § 15.2-961 or 15.2-961.1 or applicable state law; (ii) require\nsuch areas be excluded from the calculation of density in a cluster development\nor exclude land in such areas because of prior land-disturbing activities; (iii)\nprohibit roads from being located in such areas for purposes of access to the\ncluster development, but the locality may require such roads be designed to\nmitigate the impact on such areas; (iv) prohibit stormwater management areas\nfrom being located in such areas; or (v) require that lots in the cluster\ndevelopment directly abut such areas or a developed pathway providing direct\naccess to such areas.\n\t\t\tFor purposes of this section, “open space” or “conservation\nareas” shall mean the same as “open-space land” in §\n10.1-1700.\n\t\t\tThe density calculation of the cluster development shall be based upon the\nsame criteria for the property as would otherwise be permitted by applicable\nland use ordinances. As a locality provides for the clustering of single-family\ndwellings and the preservation of open space developments, it may vary\nprovisions for such developments for each different residential zoning\nclassification within the locality. For purposes of this section,\n“unimproved land” shall not include land owned or controlled by the\nlocality, the Commonwealth or the federal government, or any instrumentality\nthereof or land subject to a conservation easement.\n\t\t\tIf proposals for the clustering of single-family dwellings and the\npreservation of open space developments comply with the locality’s adopted\nstandards, conditions, and criteria, the development and open space preservation\nshall be permitted by right under the local subdivision ordinance. The\nimplementation and approval of the cluster development and open space\npreservation shall be done administratively by the locality’s staff and\nwithout a public hearing. No local ordinance shall require that a special\nexception, special use, or conditional use permit be obtained for such\ndevelopments. However, any such ordinance may exempt (a) developments of two\nacres or less and (b) property located in an Air Installation Compatible Use\nZone from the provisions of this subdivision.\n\nC. Additionally, a locality may, at its option, provide for the clustering of\nsingle-family dwellings and the preservation of open space at a density\ncalculation greater than the density permitted in the applicable land use\nordinance. To implement and approve such increased density development, the\nlocality may, at its option, (i) establish and provide, in its zoning or\nsubdivision ordinances, standards, conditions, and criteria for such\ndevelopment, and if the proposed development complies with those standards,\nconditions, and criteria, it shall be permitted by right and approved\nadministratively by the locality’s staff in the same manner provided in\nsubsection A, or (ii) approve the increased density development upon approval of\na special exception, special use permit, conditional use permit, or rezoning.\n\nD. Notwithstanding any of the requirements of this section to the contrary, any\nlocal government land use ordinance in effect as of June 1, 2004, that provides\nfor the clustering of single-family dwellings and preservation of open space\ndevelopment by right in at least one residential zoning classification without\nrequiring either a special exception, special use permit, conditional use\npermit, or other discretionary approval may remain in effect at the option of\nthe locality and will be deemed to be in compliance with this section. Any other\nlocality may adopt provisions for the clustering of single-family dwellings,\nfollowing the procedures set out in this section, in its discretion.\n\nHISTORY: 2006, c. 903; 2011, cc. 519, 549.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}