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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 unbuilt 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

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 ImpactIn 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 CostsResidential 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 BenefitsResidential 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

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.
____________
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 (site visited 8/26/2001

http://www.ohioline.ag.ohio-state.edu/cd-fact/1270.html)

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://wwwunix.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
Copyright 2009 McCandlish Holton PC. All Rights Reserved.

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