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Fauquier and Albemarle counties all are using cluster provisions as a tool to encourage open space preservation. “But 1 know this is a difficult issue . . . The answers aren’t as simple as they might appear,” he said.
Addressing the concerns of commissioners Krebser and Fannon, Mr. Dennis maintained that a “properly designed” cluster provision with a permanent easement to prevent future development of the balance of the property left in open space is “more certain than the restrictions possible under a zoning ordinance.”
Rappahannock’s zoning ordinance precludes resubdivision of an already subdivided parcel, no matter what the size of the parcel may be, but that prohibition could be lifted at any time by the Board of Supervisors, Mr. Dennis pointed out. Likewise, the state may abandon its conservation easement program, he acknowledged. But at present, “an easement legally has a higher standing than a zoning ordinance restriction,” he said.
Such easements can be deeded to either the county or the Virginia Outdoors Foundation, Mr. Dennis said, passing out copies of model contracts from Fauquier County for both approaches. While there’s no guarantee that the Outdoors Foundation will accept every easement offer, he predicted that Mr. Dwyer’s property would be of interest to this state agency since it has given protection of the lands in the Shenandoah National Park’s foreground a high priority and because the Foundation already holds other easements in the same general area.
Mr. Dennis suggested that in putting together a parcel large enough to satisfy the density of one dwelling unit per 25 acres, Mr. Dwyer be required to include
(See CLUSTER, page 14)
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