                                 CODE OF VIRGINIA

PROVISIONS FOR CLUSTERING OF SINGLE-FAMILY DWELLINGS SO AS TO PRESERVE OPEN
SPACE (§ 15.2-2286.1)

A. 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.

B. 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.
			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
or public service authority.
			For any &#8220;open space&#8221; or &#8220;conservation areas&#8221;
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 &#xA7; 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.
			For purposes of this section, &#8220;open space&#8221; or &#8220;conservation
areas&#8221; shall mean the same as &#8220;open-space land&#8221; in &#xA7;
10.1-1700.
			The 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,
&#8220;unimproved land&#8221; 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.
			If proposals for the clustering of single-family dwellings and the
preservation of open space developments comply with the locality&#8217;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&#8217;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. 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&#8217;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. 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.

HISTORY: 2006, c. 903; 2011, cc. 519, 549.