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 Lumberton
 Code of Ordinances
 Chapter 42. SUBDIVISIONS

  § 42-40. Cluster housing developments—Required conditions.  

Latest version.

  • Cluster housing developments shall meet each of the following conditions:

    (1)

    Area. The site shall contain two or more acres of land.

    (2)

    Density. The minimum land area per each dwelling unit shall be 6,500 square feet which shall not include public and private streets in the development. The maximum land area per each dwelling unit shall be 7,500 square feet which shall not include public private streets in the development.

    (3)

    Yards. A minimum 25-foot yard or open space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten feet shall be established between all unattached dwellings.

    (4)

    Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter.

    (5)

    Common open space. There shall be a minimum of 1,000 square feet of usable common open space per dwelling unit. Common open space must be usable for recreational activities and may be assembled in contiguous areas of not less than 10,000 square feet and must be accessible by emergency vehicles.

    (6)

    Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued.

    (7)

    Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include reasonable proportions of required common open space.

    (8)

    Co-owner's association and assessments. A co-owner's association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities and private streets approved by the city attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The term "owner" shall mean the record owner, whether one or more persons or other entities, of a fee simple title to any lot or other unit which is a part of the development, including sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation.

(Ord. No. 05-1162, § 16(A), 3-28-2005; Ord. No. 15-1212, § 2(Exh. 1), 7-13-2015; Ord. No. 16-1222, § 2, 8-8-2016)