Rural Cluster Regulations

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WHEREAS: The Georgetown-Scott County Planning and Zoning Commission has reviewed the ordinance provisions regulating agricultural cluster development, codified as Article X, Section 1000, et. seq. of the Subdivision and Development Regulations and within the definitions of Agricultural Uses and Agricultural Residential Uses, set out in Section 2.1, Definitions, of the Zoning Ordinance. This review is the result of the Comprehensive Plan statistics, which demonstrate that the current regulations do not provide a reasonable alternative to the development of five acre tracts. As part of its review the Commission conducted public hearings August, September and October of 1999, during which public comment was received on the proposed changes to that ordinance; and

WHEREAS: At a special meeting held November 9, 1999, the Commission unanimously voted to recommend adoption of the agricultural cluster ordinance amendments set out below.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF GEORGETOWN, as follows:

SECTION ONE: Section 1 of Scott County Ordinance 94-006 adopted June 27, 1994, pertaining to the repeal of:

1. Paragraphs c.1. through c.4. of Article X, Section 1000, F. Private Streets;

2. Subparagraph 1.b.iii. of Article X, Section 1000, Q. Street Access; and

3. Article X, Section 1020 - Cluster Subdivision;

is unchanged.

SECTION TWO: Section 2: Cluster Regulations, of Scott County Ordinance 94-006 adopted June 27, 1994, is amended to read as follows:

A. DENSITY: Cluster development density shall be one unit for every five (5) acres.

B. MINIMUM ACREAGE FOR CLUSTER: There is no minimum acreage required for a cluster development. Any acreage upon which the applicant can comply with these regulations may be utilized for a cluster development.

C. MINIMUM LOT SIZE: The minimum size of a cluster lot is one (1) acre with a maximum of two (2) acres. All applications for cluster residential development must receive approval by the Health Department prior to Planning Commission approval.

D. USE OF ACREAGE OUTSIDE CLUSTER LOTS: The remaining acreage, i.e. four (4) acres or less per cluster lot, must be preserved for agriculture or open space. The reserved area may be set aside in multiple lots, each lot shall be a minimum of 25 acres.

A note shall be placed on the Final Plat restricting future subdivision of the reserved area or lots [Note: If the reserved area is set aside in multiple tracts, these tracts will count towards the total number of allowable development credits].

E. MAXIMUM NUMBER OF LOTS IN CLUSTER: There is no maximum number of cluster lots in any one group.

F. MAXIMUM NUMBER OF CLUSTER LOTS IN ONE DEVELOPMENT; AND INDIVIDUAL LOTS STANDARDS: The maximum number of cluster lots is based on the acreage of the farm proposed for cluster development.

Individual lot standards are:

a. One (1) acre minimum and two (2) acre maximum (outside floodplain);

b. One hundred fifty 150 feet minimum lot width, in no event to exceed a two to one (2:1) depth to width ratio;

c. Fifty (50) feet front yard setback, except for corner or double frontage lots where the front yard setback along an existing public road shall be a minimum of seventy-five (75) feet from the edge of pavement;

d. One hundred (100) feet rear yard setback. For lots that abut an adjacent farm under owned by someone other than the cluster proposal applicant, or principal of the applicant, see M., below.

e. Twenty-five (25) feet side yard setback.

G. TRAFFIC STUDY AND ROAD IMPROVEMENTS: All cluster proposals that include more than thirty (30) lots, including cluster lots and preserved lots, shall submit a traffic impact study (TIS) per the attached guidelines and procedures. Upon recommendation of Commission staff, where the existing road upon which the cluster is proposed is adequate for the anticipated traffic, the required TIS may be waived. The TIS must be reviewed and approved prior to Commission final plat review and approval of the cluster proposal’s thirtieth (30th) lot. Upon a Commission determination that the parent tract has been prematurely subdivided in order to avoid this requirement, the Commission may require a TIS based on the configuration of the parent tract and any existing lots at the time these regulations were adopted.

All cluster proposals will be subject to the road improvement policies established in the Comprehensive Plan – Transportation Element and subject to the carrying capacity of the existing roads based on the ITE Trip Generation Manual, 6th (or latest) Edition and the AASHTO Policy on Geometric Design of Highways and Streets, 1990 (or latest) Edition.

H. CLUSTER LOT LOCATION: Cluster lots may share a common rear lot line with other cluster lots. Proposed cluster lots may be located adjacent to the public road and existing property lines subject to the Planning Commission review and approval and subject to additional landscaping and buffering required in Section Two, paragraph M., below.

I. SUFFICIENCY OF INFRASTRUCTURE: The Planning Commission shall deny approval of any proposed development for which infrastructure sufficient to serve the needs generated by the proposed development is neither available nor planned for construction as part of the development or as part of the capital improvement program of the providing agency. The developer shall demonstrate the adequacy of infrastructure, drainage, septic systems and other Physical impact controls. The Health Department shall approve each lot prior to final plat approval. Failure to demonstrate the above adequacy shall result in denial of the application.

J. ROAD CONSTRUCTION STANDARDS: The minimum standards for cluster infrastructure are:

a. New public roads intended for acceptance by Scott County shall have:

    i. Right-of-way shall be fifty (50) feet in width;

    ii. Pavement shall be eighteen (18) feet in width;

    iii. Pavement depth shall include a base (rock) of eight (8) inches, a binder of two (2) inches and
        one (1) inch of asphalt;

    iv. Shoulders on each side shall be six (6) inches of gravel with an additional six (6) feet of earthen
        shoulders.

b. New private roads shall have:

    i.  Right-of-way shall be forty (40) feet in width;

    ii. Pavement shall be eighteen (18) feet in width;

    iii. Pavement depth shall include a base (rock) of eight (8) inches, a binder of two (2) inches and
        one (1) inch of asphalt;

    iv. Shoulders on each side shall be two (2) feet of gravel.

c. Ditches and cross-drains shall be constructed to the same standard for both public and private roads. Both sides of the road shall be ditched at a two to one (2:1) slopes. Cross-drains shall be installed for driveways and roads (existing or new) to allow stormwater flow to the nearest drainage structure.

d. Cul-de-sac length shall not exceed one thousand (1,000) feet. Cul-de-sac geometry shall conform to the requirements in Appendix VII. Alternative cul-de-sac designs may be allowed where approved by the Fire Chief and the Commission Engineer/Planning Director. Emergency vehicles shall have safe and effective access to all lots.

e. Final Plats of cluster developments containing roads intended for dedication to the County for maintenance shall display a note which informs the public concerning Scott County’s policy on road dedication and acceptance.

f. Cluster developments containing private roads must have a homeowners association obligated and authorized to maintain those private roads. Final Plats of cluster developments containing private roads shall display a note, which informs the public concerning the homeowners association, ownership of the private roads and the mechanism for maintaining the private roads.

g. All cluster lots shall have access to internal roads only. There shall be no direct access, i.e. driveways, onto the existing public road.

h. Entrance improvements for county and state roads shall include fifty-five feet (55) radii at intersections and one hundred feet (100) taper for new street back to edge of public road. Turn lanes, acceleration lanes, deceleration lanes and secondary access points are required for cluster developments containing one hundred (100) or more total lots.

i. An approved entrance permit must be submitted for any access to a state road prior to final plat review and approval.

K. MOBILE HOME CLUSTERS: Clusters developments that include mobile homes shall be located within five (5) minutes response time of a fire station with adequate water pressure for fire protection, including the installation of fire hydrants pursuant to paragraph L, below.

L. MUNICIPAL WATER: All cluster lots shall have municipal water. Fire hydrants shall be required where adequately sized water lines are reasonably available.

M. LANDSCAPING, BUFFERING AND TREE PRESERVATION: For lots that abut an adjacent farm under ownership different than the cluster proposal applicant, or principal of the applicant, a tree preservation easement would be established adjacent to the common property line for a minimum of fifty (50) feet of the required rear yard setback. In this tree preservation easement, no existing vegetation may be removed or disturbed unless demonstrated to be diseased or dead. This preservation area shall also include any required landscaping and/or buffering as determined by the following formula: There shall be a double row of evergreens/deciduous trees on forty (40) feet centers. The ratio of evergreens to deciduous trees shall not exceed two to one (2:1). For fencing requirements see N., above.

Cluster lots approved adjacent to a public road shall have trees placed on thirty (30) feet centers along the existing road frontage. The ratio of evergreens to deciduous trees shall not exceed two to one (2:1). Existing screening (e.g., trees) may be counted toward this requirement upon review and approval of the Planning Commission. In the event that no additional landscaping or screening is proposed, the cluster lots shall set back a minimum of two hundred (200) from the existing property lines, unless waived by the affected adjacent property owner in writing, and two hundred (200) feet from the public road.

Where new landscaping is proposed adjacent to any property containing livestock, landscaping materials shall not include any species listed by the Scott County Extension Office as harmful to livestock.

N. FENCING: The perimeter of each cluster pod shall be fenced prior to final plat approval. The minimal fencing standard shall include number nine (#9) woven wire mesh or equivalent with posts spaced on twelve (12) feet on center. A note shall be placed on the final plat informing the public of this requirement. The note shall also inform the public that prospective owners of lots within the cluster development are subject to the Kentucky Fence Law codified at KRS 256.10 et. seq. The required perimeter fence may not be bonded.

O. RESERVATION OF ONE DWELLING CREDIT: One dwelling credit must remain with the preserved acreage.

P. WRITTEN NOTICE AND SIGNAGE: Written notice of the cluster application shall be given to adjacent property owners by first class mail and by sign posted on the property. The notices must be mailed and the sign installed at least fourteen (14) days, but not more than twenty-one (21) days prior to the Planning Commission’s meeting at which the cluster proposal is to be considered. The day of the Planning Commission meeting shall be excluded when calculating the minimum number of days during which notice must be given. The sign and notice shall inform the recipient of the date, time and place of the meeting at which the cluster proposal is to be considered, of the nature of the proposal and the address and phone number of the Planning office where further information is available.

Q. OTHER APPLICABLE REGULATIONS: Compliance is required with all applicable standards of the Subdivision and Development Regulations, including, but not limited to, erosion control drainage plans and construction plans.

R. FINAL PLAT NOTE ON USE RESTRICTIONS: The final plat of a cluster development with preserved acreage shall note all restrictions on the use of the reserved acreage to agricultural use or open space. This restriction shall be by covenant running with the land. This covenant shall terminate at such time as the preserved acreage is annexed into a city and approved by the legislative body of that city for a zone classification change to an urban use. The final plat shall also reference the existence of a homeowners association and the subjection of the development to the authority of that association.

The final plat shall note that the preserved area, i.e. that area not included within the cluster lots, cannot be further subdivided. All documentation restricting the land use and subdivision, including, but not limited to homeowners association restrictions, including preservation areas must be noted, including County Clerk’s Office recording references.

S. FINAL PLAT NOTE ON COMMON LEGAL PRACTICES IN A-I ZONE: The final plat shall include the following note: "Prospective purchasers of lots in agricultural cluster developments are placed upon notice that hunting and fishing within accepted safety guidelines and agricultural use and production, including the use of machinery in the normal course of activity, are common and legal practices in the Agricultural A-1 zone. These activities must be expected to occur in and around agricultural residential cluster developments. These practices, if conducted within accepted safety guidelines, shall not constitute a nuisance within the meaning of KRS 401.500 et seq. See the Kentucky Right to Farm Act".

T. FINAL PLAT NOTE ON USE RESTRICTIONS: The developer shall note on the preliminary and final subdivision plats the types of dwellings, e.g. mobile homes, conventional frame construction, manufactured homes, which shall be permitted within the agricultural residential cluster development. This requirement shall avoid potential buyer misunderstanding of the consequences of his or her investment.

U. MISCELLANEOUS APPLICATION-RELATED REQUIREMENTS: All documentation restricting the land use and subdivision within the cluster development, including homeowners association documents, shall be reviewed and approved by the Planning Commission and recorded with the Scott County Clerk’s Office.

The Planning Commission may require a master plan of the entire farm illustrating overall layout of cluster and rural [agricultural and open space] lots, access, internal road system, fencing, landscaping and buffering.

Existing stone fences shall be documented with the application for a cluster development. Existing stone fences may not be removed or altered except where reasonably necessary to provide for the construction of a proposed road and the required sight triangle.

All applicants for cluster residential subdivision approval shall provide a soils map or a soil certification from the USDA-NRCS office for the subject property prior to Planning Commission review and approval.

V. Cluster/Residential Development may be developed in phases in accordance with Article 6 of these regulations.

W. DEFINITIONS/KEY TERMS:

AASHTO – American Association of State Highway and Transportation Officials.

ITE – Institute of Transportation Engineers.

TIS – Traffic Impact Study.

KRS – Kentucky Revised Statutes.

Cluster Pod – The area, or a group of lots, shown on a preliminary and/or final plat that includes any lots between 1.0 and 2.0 acres in size. Any area identified as preserved acreage and that is a minimum 25 acres is not included in this definition.

PRESERVED ACREAGE - The area[s] designated on a preliminary and/or final plat as that area[s] to be preserved, i.e. that acreage remaining after deducting the acreage within each cluster lot from the Agricultural, A-1 tract, five (5) acre minimum, pursuant to Section Two, paragraph D, above, which acreage must be configured in tracts containing a minimum of twenty-five (25) acre tracts. Each tract within the preserved area shall contain one (1) dwelling unit.

SECTION THREE: Section 3 of Scott County Ordinance 94-006 adopted June 27, 1994, pertaining to customary agricultural practices in the Agricultural, A-1 zone is unchanged.

SECTION FOUR: Section 4 of Scott County Ordinance 94-006 adopted June 27, 1994, pertaining to the repeal of Scott County Ordinance 94-001 is unchanged.

SECTION FIVE: Section 5 of Scott County Ordinance 94-006 adopted June 27, 1994, pertaining to the incorporation of the substantive sections of Ordinance 94-006 into the Subdivision Regulations is unchanged.

Section SIX: Section 6 of Scott County Ordinance 94-006 adopted June 27, 1994, pertaining to the amendment of the Scott County Zoning Ordinance, Agricultural Use Definition, Article II, General Regulations, 2.1 Definitions, is unchanged.

Section SEVEN: EFFECTIVE DATE: This Ordinance shall become effective upon passage and publication.

Section EIGHT: Severability: Each section or, wherever divisible, sub-section of this Ordinance is separable. The invalidity of a section or sub-section shall not be construed to affect the validity of the remaining sections or sub-sections.

The foregoing Ordinance was introduced and read for the first time at the Court’s regular meeting January 27, 2000, and read for the second time, adopted and approved, at the Court’s regular meeting February 11, 2000.

ATTESTED BY:                                                          APPROVED BY:

_________________________                                     ______________________________
MARTHA NECLERIO, CLERK                                          GEORGE LUSBY, JUDGE/EXEC.