2006 Code of Virginia § 15.2-2286.1 - (Effective July 1, 2007) Provisions for clustering of single-family dwellings so as to preserve ope...

15.2-2286.1. (Effective July 1, 2007) Provisions for clustering ofsingle-family dwellings so as to preserve open space.

A. The provisions of this section shall apply to any county or city that hada population growth rate of 10% or more from the next-to-latest to latestdecennial census year, based on population reported by the United StatesBureau of the Census. However, the requirements of this section shall notapply to any such county or city that has a population density of more than2,000 people per square mile, according to the most recent report of theUnited 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 inresidential and agricultural zoning district classifications, standards,conditions, and criteria for the clustering of single-family dwellings andthe preservation of open space developments. In establishing such standards,conditions, and criteria, the governing body may, in its discretion, includeany provisions it determines appropriate to ensure quality development,preservation of open space, and compliance with its comprehensive plan andland use ordinances. The density calculation of the cluster development shallbe based upon the same criteria for the property as would otherwise bepermitted by applicable land use ordinances. As a locality provides for theclustering of single-family dwellings and the preservation of open spacedevelopments, it may vary provisions for such developments for each differentresidential zoning classification within the locality. For purposes of thissection, "unimproved land" shall not include land owned or controlled bythe locality, the Commonwealth or the federal government, or anyinstrumentality thereof or land subject to a conservation easement.

If proposals for the clustering of single-family dwellings and thepreservation of open space developments comply with the locality's adoptedstandards, conditions, and criteria, the development and open spacepreservation shall be permitted by right under the local subdivisionordinance. The implementation and approval of the cluster development andopen space preservation shall be done administratively by the locality'sstaff and without a public hearing. No local ordinance shall require that aspecial exception, special use, or conditional use permit be obtained forsuch developments. However, any such ordinance may exempt (i) developments oftwo acres or less and (ii) property located in an Air Installation CompatibleUse Zone from the provisions of this subdivision.

C. Additionally, a locality may, at its option, provide for the clustering ofsingle-family dwellings and the preservation of open space at a densitycalculation greater than the density permitted in the applicable land useordinance. To implement and approve such increased density development, thelocality may, at its option, (i) establish and provide, in its zoning orsubdivision ordinances, standards, conditions, and criteria for suchdevelopment, and if the proposed development complies with those standards,conditions, and criteria, it shall be permitted by right and approvedadministratively by the locality's staff in the same manner provided insubsection A, or (ii) approve the increased density development upon approvalof a special exception, special use permit, conditional use permit, orrezoning.

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, thatprovides for the clustering of single-family dwellings and preservation ofopen space development by right in at least one residential zoningclassification without requiring either a special exception, special usepermit, conditional use permit, or other discretionary approval may remain ineffect at the option of the locality and will be deemed to be in compliancewith this section. Any other locality may adopt provisions for the clusteringof single-family dwellings, following the procedures set out in this section,in its discretion.

(2006, c. 903.)