Cluster Development: Balancing the Need for Continued Development without Sacrificing Open Space
By Patricia A. Collins

"Each year development pushes out across more than a million acres, yet the expansion of highways, housing tracts and other suburban construction rouses fewer cheers than at any time in the past."ⁱ This quote epitomizes the growing response many people have to the increase in sprawl type development indicative of the 1990's economic and development growth boom. This growth resulted in the exponential development of large lot subdivisions, "mega-retail" strip malls, and other types of sprawling commercial and residential development, often devouring open land. In response, environmentalists, agriculturists, land planners, developers and local governments now look for ways to accommodate continued growth, without sacrificing open space and the rural frontier.

Although not an entirely new concept, "cluster development" is a land planning tool enjoying newfound attention. Cluster development (also known as "open space development") is a development scheme which groups homes and structures on a smaller, designated portion of a development parcel, preserving the remaining un-built area as open space. This type of development is an alternative to the conventional zoning and subdivision development process that preserves open space and provides other environmental, societal and economic benefits as well. Although, with an ever-increasing population, continued development is necessary, clustered development allows for growth, without incurring the adverse consequences associated with conventional zoning and development practices.

Conventional Zoning and Subdivision Development and Problems they Present

Over the last fifty years, the United States' population has generally migrated from urban to suburban and rural areas.ⁱⁱ To accommodate this migration, suburban and rural localities generally resorted to conventional zoning standards to manage this increase in development. However, these conventional zoning plans (although beneficial for planned development) often did not establish a process for preserving open space.ⁱⁱⁱ

Conventional zoning techniques generally parse lands into distinct and isolated uses such as residential, commercial or industrial uses, rather than integrating these uses within a single area. The typical suburban residential subdivision is probably the best example of conventional zoning at work. Each of the home sites are privately owned, with little or no area within the subdivision being used as "common" or "open" space. Most of these types of subdivisions incorporate required setbacks, front yards, back yards and essentially designate the building location on a given lot, thereby creating a "checkerboard effect" and planning for every square foot of land.

More often than not, these types of developments are very land consumptive and ultimately lead to planned sprawl. As the subdivisions continue to expand, the rural frontier is continuously consumed; the landscape is often completely clear cut for lawns, roads and parking lots, home sites and other building space. This clear cutting exacerbates stormwater runoff issues and erosion control by increasing the impervious surface areas and decreasing the amount of natural buffer area that can absorb much of the rainfall and/or pollutants contained in this runoff. More pollutants (due to increased pesticide use for the expansive and luxurious lawns, and increased petroleum based products from cars, due to the increase in roads and parking lots) wash into area surface waters during storm events. As sprawl development expands away from the urban center, more people must commute further distances for work, school, religious and other social events, adding to the air pollution and congestion problems. Thus, significant problems, likely not envisioned by the "forefathers" of conventional zoning, have resulted from the standard development schemes and ordinances of the 20th century.

Cluster Development and How it Differs from Conventional Zoning

Cluster development is any easy solution to address the problems resulting from conventional zoning, yet allows for continued development. The development results from a combination of creative development design, conservation easements, homeowner covenants to preserve open space, and local land use regulations. The cluster design development incorporates a higher density home community in one portion of the property, generally in the section requiring the least disturbance to the landscape. Usually, each homeowner's individual building lot is smaller than in the conventional subdivision, but each landowner in the development has equal access and ability to use the open space areas.

The open area that remains after the homes are "clustered" together is established and preserved in several ways. Often, a conservation easement is created, forbidding development on a certain portion of the parcel, and/or designating the limited, unobtrusive activities that are allowed on that portion of the parcel. To insure the perpetual nature of this open space, the conservation easement can be assigned to the residents (or homeowners' association) jointly with a local government agency or land trust.^iv Generally, homeowners in the development execute mutual covenants to preserve the open space, much as a typical subdivision requires homeowners to execute covenants related to development of those lots.

Local land use regulations can also be used to establish and promote cluster development. For example, a local government may implement an ordinance allowing a developer to build homes on reduced sized lots, and at a higher density, if the developer maintains a certain amount of open space within the development. Local governments can also redefine road frontage requirements, lot size, setbacks, establish a minimum/maximum number home units that must be built, or offer tax incentives for open space compliance and other similar provisions.

Once created, the preserved open space can be put to many uses. The open space can be left as undeveloped woodland for wildlife protection or can be semi-developed for use as walking trails or passive recreational areas. In some situations, certain cluster communities have even decided to use the open space for agricultural use, or lease the property to local farmers for agricultural use. (This would be permissible as long as the proposed agricultural use complies with the covenant restrictions and/or local government mandates.)

What are the Benefits of Cluster Development?

In addition to reducing the adverse effects of sprawl, cluster development also provides other environmental development cost, economic and societal benefits.

• Reduction in Environmental Impact—In addition to providing more open space and thus reducing suburban sprawl, cluster development also has other environmental benefits. First, stormwater management and runoff issues are better addressed by a cluster development. Clustering the home sites together requires that less land be cleared for construction and development, thus reducing erosion concern during the construction process. Also, grouping the home sites in a more compact area decreases the amount of impervious surfaces, such as driveways and roads, necessary to access these homes. This reduction in impervious surface area (and inherent increase in absorptive grassy areas) reduces the amount of stormwater runoff leaving the site, thereby reducing the amount of pollutants ultimately reaching area surface waters. Also, cluster development allows for collaborative stormwater treatment between pervious and impervious surface. For example, the developer can design the community in a way that even runoff from the roadways drains through the grassy (open) buffered areas before reaching area surface waters, thus allowing the vegetated area to soak up much of the runoff and associated pollutants. Second, the developer has more control over the location of sanitary sewer systems and septic fields, and can choose drainfield locations that are more compatible with the environment. Also, as mentioned above, by ultimately contributing to a reduction in sprawl, cluster development reduces traffic congestion and associated air pollution.
• Reduced Development Costs—Residential cluster development also reduces the developer's construction costs. Because the home sites and structures are closer together, less infrastructure is necessary. Fewer roadways, water and sewer pipes, cable lines and other telecommunication and utility structures are necessary. Thus, the developer saves on the cost of the materials, and decreases the amount of time and energy expended on expanding the infrastructure to reach extensive portions of the subdivision. Also, because the open space is often left in its natural state, there is little or no cost in clear cutting and developing this portion of the property. The natural stormwater buffer (due to the open area's increased absorption feature) also avoids the need for installing extensive curbs, gutters and storm sewers.
• Market Incentives and Economic Benefits—Residential cluster development also has other societal/economic benefits. Studies show that the costs to local governments incur in providing services to the typical conventional sprawled communities drives up taxes because the new development often does not generate sufficient tax base to support these services.^v Cluster development reduces these local government costs by consolidating the geographic areas that must be serviced. (Also, as discussed above, with the homes nestled closely together, less government supported infrastructure would be necessary).

Further, a growing number of aging baby boomers in the United States seek low maintenance homes and property, neighborhoods with a "community" feeling, and desire to be close to recreational activities.^vi Cluster development is often enticing to this demographic group because it addresses these needs; thus driving up the market price for cluster development homes.^vii Additionally, market studies show that homes within residential cluster developments often appreciate at higher and faster rates than conventional subdivision homes.^viii

Thus, the cluster developer will benefit from reduced infrastructure costs, as well as from the increased market demand for these types of homes, while reducing the adverse impact the conventional subdivision can have on the local governments as well.

Cluster Development in Virginia

Many Virginia local governments have specific ordinances concerning the development of cluster communities and/or have elements of the ordinance that promote cluster development. These kinds of local government controls are found in ordinances as well as comprehensive plans. However, each local government has unique methods of establishing requirements and/or incentives for cluster development. Furthermore, if the development guidelines are contained in a specific portion of an ordinance, those requirements will be strictly construed.^ix Therefore, it is important when planning a cluster development to obtain a copy of the applicable ordinances and comprehensive plans and to communicate and work closely with that local government's planning and zoning departments.

Conclusion

As illustrated above, cluster development provides an alternative to the manner in which development has proceeded over the last 50 years. It decreases the amount of area devoured by development, and reduces the adverse impact development often has on the environment, thus addressing many concerns raised by local governments, environmentalists, and agriculturists. Cluster development also benefits the developer, by reducing the costs he or she must expend to develop the infrastructure to support the community. Also, as explained above, there is a market demand for such types of development. Therefore, cluster development allows for continued, profitable development while rectifying the adverse impacts associated with conventional sprawl development. Thus, consider incorporating cluster development tools into your next development plan- you might just benefit the environment, society and yourself.

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ⁱPhilip Langdon, A Better Place to Live: Reshaping the American Suburb 1 (1994).

ⁱⁱOpen Space Zoning: What it Is and Why it Works, by Randall Arendt, Planners Web, Planning Commissioners Journal, from Issue 5, page 4 of the PCJ July August 1992, website http://www.plannersweb.com/articles/are015.html (site visited on August 25, 2001)

ⁱⁱⁱSee Id.

^ivOhio State University Fact Sheet, Thomas W. Blaine, Peggy Schear, Land Use Series, Cluster Development, CDFS-1270-99

^vSee Smart Growth, The Promise, Politics and Potential Pitfalls of Emerging Growth, Oliver A. Pollard, citing a Prince William County Virginia Study of conventional subdivisions and the drain on local government economies.

^viSee Christopher B. Leinberger, The Metropolis Observed, 57 Urban Land 30 (October 1998)

^viiSee Id.

^viiiSee An Examination of Market Appreciation for Cluster Housing with Permanent Open Space, Jeff Lacy, Department of Landscape, Architecture and Regional Planning, University of Massachusetts/Amherst, http://www-unix.oit.umass.edu/`ruralmaLacyMarket.html (site visited August 25, 2001.)

^ixSee Land & Learning Development LLC v. The Board of Supervisors of Shenandoah County, 2001 Va. Cir LEXIS 73 (May 2, 2001) (holding that maximum acreage limitations for meeting "cluster housing development" standards must be strictly adhered to.)

© 2001 Virginia Land Title Association's Examiner, All Rights Reserved. Winter 2002