§ 30-28-403 — Cluster development

(1) A cluster development is any division
of land that creates parcels containing less than thirty-five acres each, for single-family residential purposes only, where one or more tracts are being divided
pursuant to a rural land use process and where at least two-thirds of the total area
of the tract or tracts is reserved for the preservation of open space. No rural land
use process as authorized by this section shall approve a cluster development that
would exceed one residential unit for each seventeen and one-half acre increment.

(2) As a condition of approving a cluster development, a rural land use
process shall require that the cluster development plan to set aside land to
preserve open space or to protect wildlife habitat or critical areas not permit
development of such land for at least forty years from the date the plan is
approved.

Legislative History

Source: L. 96: Entire part added, p. 1881, � 2, effective June 6. L. 2001: (1) amended, p. 157, � 1, effective August 8.