A. 
Generally. The Zoning Board of Review may permit in a R-3A district or R-2A district a mobile home park by special use permit provided that:
(1) 
The proposed mobile home park is, located on tracts of land owned by one person or entity.
(2) 
Constraints to development shall be subtracted from the total area of the parcel in determining the density of development and maximum number of dwelling units to be permitted on site.
(3) 
Evidence of compliance with all appropriate state laws and regulations, particularly those dealing with licensing of mobile home parks, and with on-site disposal of sewage is submitted.
(4) 
The proposed development will not adversely impact the use of property in the surrounding area.
B. 
Planning Commission review. A complete application shall be reviewed by the Planning Commission within forty-five days after receipt. The Planning Commission shall make an advisory recommendation based on the proposed development's consistency with the Town's Comprehensive Plan, the suitability of the land for the use proposed, and its compatibility with abutting land uses. The advisory opinion shall be used as part of the special use permit review by the Zoning Board.
C. 
Site plan approval required. A site plan for a mobile home park development shall be presented to the Planning Commission for review as required for a commercial use in ARTICLE XII, Development Plan Review and Land Development Review, after a special use permit has been granted. Building permits shall be issued only for compliance with the conditions required by the Board, and an approved site plan of the Planning Commission.
D. 
Permitted uses. Only mobile home parks shall be permitted as principal uses. Uses directly accessory to a mobile home park such as parking areas, carports, service buildings, recreation areas and facilities, and offices for management of the development are permitted.
E. 
Standards. The following minimum standards shall apply to all mobile home parks:
(1) 
Access and Streets. Mobile home parks shall be designed to minimize congestion and hazards at the access points. Access shall be from town accepted collector streets. All streets shall be constructed consistent with the Charlestown Subdivision Regulations standards for streets.
(2) 
Buffers. A landscaped buffer strip of no less than one hundred feet shall be maintained along all exterior property lines. Such buffer strip shall be planted, screened or otherwise maintained in a natural condition to provide a year-round buffer of the development from abutting land uses and protection of surrounding areas from influences of the development.
(3) 
Minimum Developable Lot Area. The tract of developable land for a mobile home park shall consist of not less than two acres per dwelling unit in an R-2A district and three acres per dwelling unit in an R-3A district and a Planned Development District.
(4) 
Minimum Lot Width and Length. The minimum lot width to length ratio shall not exceed one foot of frontage to three feet of length (1:3).
(5) 
Mobile Home Parks.
(a) 
Site requirements. The minimum site area of each mobile home lot shall contain a minimum area of at least six thousand square feet.
(b) 
Width and Depth. The minimum site depth of each mobile home lot shall be one hundred feet and the minimum site width of each mobile home site shall be sixty feet.
(c) 
Setbacks. Mobile homes shall be set back a minimum of fifteen feet from any site or lot line.
(6) 
Occupancy. The minimum number of mobile homes completed and ready for occupancy before first occupancy is permitted shall be twenty-five percent of the total number of dwelling units.
(7) 
Recreation Open Space. At least fifteen percent of the gross land area shall be reserved for recreational and open space uses. This figure is besides any other open areas required by yard or buffer provisions. Of this fifteen percent, no more than five percent shall be "constraints to development." Said open space shall not be used for parking and shall not be used for leaching or absorption of fields; however, easements for waterlines and driveways for access are permitted to cross the open space.
(8) 
Off-Street Parking.
(a) 
Minimum off-street parking shall be provided and maintained for mobile home parks as follows:
[1] 
One Bedroom Mobile Homes: 2.0 spaces/unit.
[2] 
Two Bedroom Mobile Homes: 2.5 spaces/unit.
[3] 
Three Bedroom or more Mobile Homes: 3.0 spaces/unit.
[4] 
Besides the parking required for the dwelling units proposed, ten percent of the required number of parking spaces for dwelling units shall be provided for guest or temporary parking. This shall in no case be less than one additional space.
(b) 
No parking shall be permitted within any required minimum yard, buffer or recreation open space area.
(c) 
Off-street parking areas and service drives shall be located on the lot being developed. Required parking shall be provided and landscaped according to ARTICLE X, Off-Street Parking and Loading.
(9) 
Sewage Disposal. Where public sewers are not available, the applicant shall provide a permit from the RI DEM certifying that the proposed development has received approval for a new or upgraded on-site sewage disposal system. All mobile home parks within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by RI DEM.
(10) 
Solid Waste Disposal. Each mobile home park shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste generated by all uses on the premises. The waste pen and utility area shall be properly covered, screened, buffered from all buildings and property lines and shall not be located in any required yard, buffer or open space area.
(11) 
Utilities. All utilities and other services to include, but not limited to water supply, sewage disposal, storm drainage, garbage and refuse storage, and fire protection shall be provided and conform to applicable town or state regulations. All utilities shall be installed underground.
(12) 
Yard Setbacks. No building, accessory building, parking lot or utility area shall be located in any front yard.
(13) 
Prohibition in Certain Areas.
(a) 
Notwithstanding the provisions of any other part of this Ordinance, no mobile home park may be placed, occupied or maintained in Zones VI-V-30 as shown on the official Flood Insurance Rate Maps for the Town of Charlestown, Rhode Island revised September 30, 1995, prepared by the Federal Emergency Management Agency and on any subsequent amendment or revision to said maps.
F. 
Conformity with Subdivision Regulations. Where a mobile home park requires the subdivision of land as defined in the Charlestown Subdivision Regulations all the applicable provisions of those Regulations shall be followed.
A. 
Generally. The Zoning Board of Review may permit in a R-3A district or R-2A district multifamily dwellings by special use permit provided that:
(1) 
The proposed multifamily development is located on tracts of land owned by one person or entity.
(2) 
Constraints to development shall be subtracted from the total area of the parcel in determining the density of development and maximum number of dwelling units to be permitted on site.
(3) 
Evidence of compliance with all appropriate state laws and regulations, particularly those dealing with on-site disposal of sewage is submitted.
(4) 
The proposed development will not adversely impact the use of property in the surrounding area.
B. 
Planning Commission review. A complete application shall be reviewed by the Planning Commission within forty-five days after receipt. The Planning Commission shall make an advisory recommendation based on the proposed development's consistency with the Town's Comprehensive Plan, the suitability of the land for the use proposed, and its compatibility with abutting land uses. The advisory opinion shall be used as part of the special use permit review by the Zoning Board.
C. 
Site plan approval required. A site plan for multifamily dwellings shall be presented to the Planning Commission for review as required for a commercial use in ARTICLE XII, Development Plan Review and Land Development Review, after a special use permit has been granted. Building permits shall be issued only for compliance with the conditions required by the Board, and an approved site plan of the Planning Commission.
D. 
Permitted uses. Only multifamily structures shall be permitted as principal uses under the special use permit. Uses directly accessory to multifamily housing such as parking areas, carports, service buildings, recreation areas and facilities, and offices for management of the development are permitted.
E. 
Standards. The following minimum standards shall apply to all multi-family dwellings and multi-family developments (more than one building). Such developments may also include two-family dwellings:
[Amended 12-9-2013 by Ord. No. 360]
(1) 
Access and Streets. Multifamily dwellings shall be designed to minimize congestion and hazards at the access points. Access shall be from town accepted collector streets. All streets shall be constructed consistent with the Charlestown Subdivision Regulations standards for streets.
(2) 
Buffers: A landscaped buffer strip of no less than one hundred feet shall be maintained along all exterior property lines. Such buffer strip shall be planted, screened or otherwise maintained in a natural condition to provide a year-round buffer of the development from abutting land uses and protection of surrounding areas from influences of the development.
(3) 
Minimum Developable Lot Area. The tract of developable land for a multifamily dwelling shall consist of not less than two acres per dwelling unit in an R-2A district and three acres per dwelling unit in an R-3A district and a Planned Development District.
(4) 
Minimum Lot Width and Length. The minimum lot width to length ratio shall not exceed one foot of frontage to three feet of length (1:3).
(5) 
Multi-family Dwellings:
(a) 
Not more than four dwelling units shall be permitted in a single multifamily dwelling unit structure.
(b) 
A multifamily dwelling structure shall contain no more than a total of eight bedrooms and only one three bedroom unit.
(c) 
Where a multifamily development is proposed as a complex of separated structures, no structure shall be placed within thirty feet of another structure.
(6) 
Occupancy. The minimum number of multifamily dwelling units completed and ready for occupancy before first occupancy is permitted shall be twenty-five percent of the total number of dwelling units.
(7) 
Recreation Open Space. At least fifteen percent of the gross land area shall be reserved for recreational and open space uses. This figure is besides any other open areas required by yard or buffer provisions. Of this fifteen percent, no more than five percent shall be "constraints to development" lands unsuitable for development. Said open space shall not be used for parking and shall not be used for leaching or absorption fields; however, easements for waterlines and driveways for access are permitted to cross the open space.
(8) 
Off-Street Parking:
(a) 
Minimum off-street parking shall be provided and maintained for multi-family dwellings as follows:
[1] 
Studio and one bedroom units: 1.0 space per unit
[2] 
Two bedroom units: 1.5 spaces per unit
[3] 
Three or more bedrooms per unit: 2 spaces per unit
[4] 
In addition to the parking required for each dwelling unit, a multi-family development shall provide spaces for guest and temporary parking equivalent to ten percent of the minimum required number of parking spaces, with at least one additional parking space provided.
(b) 
Maximum off-street parking for multi-family developments consisting of ten or more total dwelling units, is as follows:
[1] 
Studio and one bedroom units: 2.0 spaces per unit
[2] 
Two bedroom units: 2.5 spaces per unit
[3] 
Three or more bedrooms per unit: 3.0 spaces per unit
(c) 
No parking shall be permitted within any required minimum yard, buffer or recreation open space area.
(d) 
Off-street parking areas and service drives shall be located on the parcel being developed. Required parking shall be provided and landscaped according to ARTICLE X. Off-Street Parking and Loading with flexibility in the number of spaces provided under the provisions of Section 218-57.B.
(9) 
Sewage Disposal. Where public sewers are not available, the applicant shall provide a permit from the RI DEM certifying that the proposed development has received approval for a new or upgraded on-site sewage disposal system. All multifamily dwellings within the land classification of the RI CRMC SAM Plan "Lands Already Developed Beyond Carrying Capacity" shall use denitrification or other alternative septic system technology as may be approved by RI DEM.
(10) 
Solid Waste Disposal. Each multifamily structure shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste generated by all uses on the premises. The waste pen and utility area shall be properly covered, screened, buffered from all buildings and property lines and shall not be located in any required yard, buffer or open space area.
(11) 
Utilities. All utilities and other services to include but not limited to water supply, sewage disposal, storm drainage, garbage and refuse storage, and fire protection shall be provided and conform to applicable town or state regulations. All utilities shall be installed underground.
(12) 
Yard Setbacks. No building, accessory building, parking lot or utility area shall be located in any front yard.
(13) 
Prohibition in Certain Areas.
(a) 
Notwithstanding the provisions of any other part of this Ordinance, no multifamily development may be placed, occupied or maintained in Zones V1-V-30 as shown on the official Flood Insurance Rate Maps for the Town of Charlestown, Rhode Island revised September 30, 1995, prepared by the Federal Emergency Management Agency and on any subsequent amendment or revision to said maps.
F. 
Separation of structures. Where a multifamily development is to be constructed as a complex of separate structures, the requirement of § 218-3, Conformity required, relating to principal residential buildings shall not apply.
G. 
Conformity with subdivision regulations. Where a multifamily development requires the subdivision of land as defined in the Charlestown Subdivision Regulations all the applicable provisions of those Regulations shall be followed.
[Amended 2-9-2015 by Ord. No. 365; amended 8-31-2022 by Ord. No. 397]
A. 
Purpose. The purpose of conservation development is to allow the flexibility to design residential development to achieve the following objectives, not listed in any order of priority, pursuant to the Charlestown Comprehensive Plan as it relates to resource protection, land use and community services:
(1) 
To conserve and link sensitive natural resources, including but not limited to forests, waterbodies, riparian areas, aquifers and habitat areas;
(2) 
To protect the quality of the town's groundwater drinking water sources and surface waters for public health and environmental quality;
(3) 
To develop a greenway system of connected areas of protected open space to be used for passive recreation and wildlife corridors;
(4) 
To protect historical and archaeological resources, and to conserve and create scenic views and preserve the rural character of the town;
(5) 
To protect existing farms and forests and areas of the town with productive agricultural and forest soils for continued or future agricultural/silvicultural use by conserving blocks of land large enough to allow for efficient farm and forest operations;
(6) 
To more effectively apply low impact development site design and stormwater management practices as the required standard to avoid, reduce and manage runoff to the maximum extent practicable;
(7) 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of impervious surfaces required for residential development;
(8) 
To allow for and encourage a diversity of lot sizes and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;
(9) 
To encourage more sustainable and resilient development;
(10) 
To create neighborhoods with direct visual and/or physical access to open space land; and
(11) 
To provide for the appropriate management of protected open space.
B. 
Applicability. Conservation development is required for any major subdivision, and is encouraged but not required for all subdivisions of three or more lots. The Charlestown Planning Commission may, at its discretion, permit a conventional subdivision where a conservation development would otherwise be required if the applicant can prove to the satisfaction of the Planning Commission that a conventional subdivision will serve the best interests of the town, and where such conventional subdivision is found to be consistent with the intent and purposes of these regulations, is not based on economic considerations, and will provide the best site layout and design.
C. 
Subdivision approval required. No clearing of vegetation, land disturbance, or construction within a conservation development subdivision shall begin until the preliminary plan has been approved by the Charlestown Planning Commission. Land that has been environmentally disturbed or damaged, for example, by removal or excavation of soil or mineral resources, must be restored to a condition satisfactory for redevelopment prior to final plan approval.
D. 
Standards.
(1) 
Permitted uses. Single-family detached homes and accessory uses, agricultural and forest land preserved within open space, and open space/recreation areas shall be permitted in a conservation development subdivision.
(2) 
Zoning districts. Conservation development subdivisions are allowed in the R-40, R-2A and R-3A residential zoning districts.
(3) 
Density.
(a) 
The number of developable lots allowed in a conservation development subdivision shall be the number of lots which would be allowed under a conventional subdivision, determined by the submittal of a yield plan, as defined in the Charlestown Subdivision and Land Development Regulations,[1] and accepted by the Planning Commission.
[1]
Editor's Note: See Ch. 188, Subdivision and Land Development.
(b) 
In no case shall the number of developable lots be greater than the number permitted under a conventional subdivision, and no requirement or standard contained in this ordinance or the Subdivision and Land Development Regulations shall be applied in a manner that reduces the number of lots permitted under a conventional subdivision.
(c) 
When calculating the maximum number of allowable lots on any parcel, constraints to development as defined in this ordinance shall be deducted from the total acreage of the parcel. Such land may be included in any yield plan lot in a subdivision or land development project, provided, however, that such land shall not be counted toward the minimum lot size.
(4) 
Minimum lot size. The minimum lot size for a residential conservation development lot in the R-40, R-2A and R-3A Districts shall be 20,000 square feet of land considered suitable for development.
(5) 
Modification of lot requirements.
(a) 
At the request of the applicant, lot area, shape and other dimensions permitted for a lot under a conservation development can be modified from those required for a conventional lot. However, the lot dimensions shown below and contained in the Dimensional Table (§ 218-41) are the minimum allowed for all conservation development lots regardless of zoning district.
Lot Area
20,000 square feet
Lot Frontage and Width
50 feet
Front Yard
40 feet
Rear Yard
Primary Structure
50 feet
Accessory Structure
10 feet
Side Yard
Primary Structure
20 feet
Accessory Structure
10 feet
Building Coverage
15%
(b) 
If requested or agreed to by the applicant, the Planning Commission is authorized to reduce the lot frontage and lot width of newly created lots in a conservation development subdivision on any public or approved private street to a minimum of 20 feet, if doing so achieves the purposes of these regulations.
(6) 
Shared wells and on-site wastewater treatment systems. Individual private wells and onsite wastewater treatment systems (OWTS) are to be located on the house lots they serve. Shared private wells are to be discouraged. Public wells, which are defined as wells serving more than 24 persons, shall be properly installed in compliance with RI Department of Health (DOH) public drinking water regulations and all other applicable state regulations. Public wells and OWTS which serve two or more households and approved by RI DEM may be permitted in a conservation development subdivision if the Planning Commission determines that such shared use will result in greater protection of open space. In order to facilitate their establishment, the open space set aside in the conservation development subdivision may be utilized for the protected area required by a community well or for a community leach field.
(7) 
Open space. Land permanently protected from development as part of the conservation development subdivision shall be designated as open space. Protected open space lots, within an approved conservation development subdivision, may have zero-frontage on a street, as long as the Planning Commission approves access to the open space by easement or other means.
(a) 
The amount of land area set aside as open space may vary depending upon the characteristics of the land. Although the area designated as open space may include wetland and areas defined as having constraints to development, it shall include a minimum percentage of the total developable land area (land that is considered suitable for development, as defined in this ordinance) of the parcel according to the zoning district.
R-40 District: 40%
R-2A District: 50%
R-3A District: 60%
The Planning Commission shall have the flexibility to reduce the percentage of developable land to be protected as open space in any conservation development subdivision in order to better achieve the purposes of these regulations, except however, the required open space cannot be used to reduce the number of residential lots shown in the accepted yield plan.
(b) 
The Planning Commission shall allow up to 15% of the required open space area to be used for active recreation, if said recreational uses do not negatively impact the conservation values of the open space to be protected. Not more than 10% of the required open space shall be made impervious. Permeable materials are encouraged for uses such as parking areas, and bike paths to the extent possible.
(c) 
Access to common open space shall be made readily available to all residents of the conservation development subdivision by providing suitable access corridors. Such access corridors shall be clearly posted to distinguish the corridors and commonly owned space area from private property.
(d) 
Ownership of the open space within a conservation development subdivision shall be vested in one or more legally constituted organizations that shall be responsible for the use and maintenance of the open space. Ownership is to be determined by the applicant and conveyed as follows, with no preference given as to the order presented:
[1] 
To remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry, and, in accordance with the Charlestown Comprehensive Plan and zoning ordinance, that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources; or
[2] 
To the Town of Charlestown and accepted by it for park, open space, agricultural or other specified use or uses; or
[3] 
To a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
[4] 
To a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units.
(e) 
Documents specifying ownership shall be submitted to the Planning Commission along with the application for approval. The Planning Commission may request, but not require, that specific areas of open space contribute to a connecting greenway system or provide public access to open space, as provided in the Charlestown Comprehensive Plan.
(f) 
Where the land is not conveyed to the Town of Charlestown, a conservation easement or restriction enforceable by the town shall be recorded by the applicant providing that the land shall be kept in open space, not built upon for accessory uses such as parking or roadways and requires Planning Commission approval for alterations. The Rhode Island Conservation Easement Guidance Manual (RIDEM 2009) shall be used to meet the requirements for preparing a conservation easement for the protected open space.
(g) 
If the open space option Subsection D(7)(d)[4] is used the following standards shall apply:
[1] 
The deed to each lot shall include a fractional interest in the common open space in an amount inversely proportional to the number of lots or dwelling units in the development. The deed shall also include all covenants, restrictions or easements that shall be imposed upon the use, management or maintenance of the open space.
[2] 
The applicant shall provide for and establish a homeowners' association or request the Planning Commission's approval of an alternate method for the care and maintenance of all open space lands and any improvements thereon. Membership in the homeowners' association shall be mandatory for all landowners within the development.
[Amended 2-14-2011 by Ord. No. 328; 1-8-2024 by Ord. No. 407; 11-12-2024 by Ord. No. 424]
A. 
An ADU shall provide completely independent living facilities for one or more persons. An ADU is intended for year-round occupancy or otherwise to be the primary residence of the person or persons who will occupy it regardless of family relationship to the property owner. The property owner may occupy either the primary dwelling or the ADU. For the purposes of this subsection, the term property owner includes a person or persons, a trust, or a legal entity such as a corporation or limited liability company. An ADU permitted under this section shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
B. 
An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.
C. 
One ADU per lot shall be allowed by right under the following circumstances:
(1) 
On an owner-occupied property as a reasonable accommodation for family members with disabilities; or
(2) 
On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or
(3) 
Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
D. 
Uniform Standards. An ADU shall have no more than two bedrooms and comply with the following standards:
(1) 
A studio or one bedroom ADU shall contain no more than 900 square feet or sixty (60) percent of floor area of the principal dwelling, whichever is less.
(2) 
A two bedroom ADU shall contain no more than 1,200 square feet or sixty (60) percent of floor area of the principal dwelling, whichever is less.
(3) 
One additional off-street parking space for the ADU shall be provided, unless the property exceeds the required number of parking spaces under § 218-56.
(4) 
An ADU shall be equipped with lower water consumption plumbing fixtures.
(5) 
An ADU permitted under this section shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
E. 
Any ADU permitted by right under the provisions of this section that is not part of a larger development proposal shall be approved administratively. Prior to the issuance of a building permit, the Building Official shall review the application for an ADU and make the following determinations:
(1) 
That the proposed ADU meets all requirements and standards listed above, including that the property is owner-occupied; and
(2) 
That the ADU meets all public health, safety, sanitary and building code standards.
[Added 2-14-2011 by Ord. No. 334; amended 1-8-2024 by Ord. No. 407]
A. 
An accessory dwelling unit may be counted towards Charlestown's affordable housing goals pursuant to the relevant requirements of Chapter 53 of Title 45 of the RI General Laws, and may be counted towards the ten (10) percent of the year-round housing units in Charlestown as required by the RI Low and Moderate Income Housing Act, if the tenant of the unit has a one-year lease and the following conditions are met:
(1) 
The ADU is occupied by a household whose income does not exceed eighty (80) percent of the area median income (AMI), adjusted for family size, as determined and certified by the selected approved monitoring agent; or
(2) 
The ADU is leased to a household utilizing a publicly subsidized rental assistance voucher that limits income to no more than eighty (80) percent of the AMI, evidence of which is provided to the selected approved monitoring agent; and
(3) 
The cost of rent, heat, and utilities other than telephone, cable, and internet, based on the number of the bedrooms in the unit does not exceed thirty (30) percent of the gross annual household income for a household with eighty (80) percent or less of area median income, adjusted for family size as certified by the selected approved monitoring agent.
B. 
Accessory dwelling units eligible to be counted toward Charlestown's affordable housing goal under this section shall be counted as one-half (0.5) units each in every year for which documentation required to establish eligibility is provided annually to Rhode Island Housing by the selected approved monitoring agent.
[Amended 2-9-2015 by Ord. No. 366; 7-8-2019 by Ord. No. 383]
Upon approval by the Planning Commission and in accordance with the provisions of this section, up to five (5) lots in a residential compound may be created in the R-40, R2-A and R3-A Zones as an alternative to a conventional subdivision. A residential compound is a subdivision whose access to all lots is by means of a private way, which is not paved, but rather requires a pervious surface, in accordance with the Charlestown Subdivision and Land Development Regulations.
A. 
Purpose. The purpose of a residential compound is to offer an alternative to conventional subdivisions in order to maintain the rural character of certain parcels by reducing the number of buildable lots and impervious road surface. A residential compound is intended to be sensitive to natural features and physical qualities of the land that may not be otherwise preserved through a conventional subdivision. To achieve these purposes, procedures are established in this section so that the Planning Commission may authorize the creation of residential compounds through either minor or major subdivision review.
B. 
Subdivision Approval Required. No construction within a residential compound shall begin until a preliminary plan of such has been approved by the Planning Commission as a subdivision according to the Charlestown Subdivision and Land Development Regulations.
C. 
Density. The allowable density for a residential compound shall be no more than fifty percent (50%) of the number of lots which would be allowed under a conventional subdivision, determined by the submittal of a yield plan, as defined in the Charlestown Subdivision and Land Development Regulations, and accepted by the Planning Commission. If the yield plan indicates an odd number of lots, the half lot resulting from the fifty percent (50%) reduction shall be rounded down to the nearest whole number, except as provided below. By way of example, if the yield plan shows five (5) lots, only two (2) lots shall be permitted. Rounding up is only permitted as follows:
(1) 
Density Increase for Low or Moderate Income Housing. The Planning Commission may allow the increase in the density of a residential compound by one (1) lot, by allowing the applicant to round up to the nearest whole number, following the 50% reduction of the accepted yield plan, if said lot is to be set aside for the construction of a low or moderate income housing unit, as defined in this Ordinance.
(2) 
Two Lots from a Three Lot Yield Plan. In cases involving only a three (3) lot yield plan (and no other odd numbered yield plan), the Planning Commission may allow two (2) residential compound lots provided that the subject parcel meets the following area requirements:
(a) 
Twelve (12) acres of land free from development constraints in an R-3A Zone;
(b) 
Eight (8) acres of land free from development constraints in an R-2A Zone; or
(c) 
One hundred and sixty thousand (160,000) square feet of land free from development constraints in an R-40 Zone.
D. 
Lots. Individual lot sizes may vary, except that no single lot in the R-40 Zone shall have an area of less than 20,000 square feet, and no single lot in the R-2A and R-3A Zones shall have an area of less than one (1) acre. An existing frontage lot of record, and/or a frontage lot that could be created on the parcel without the construction of the public road as shown on the yield plan, can be incorporated into the residential compound at a one to one ratio. There shall be no more than five (5) developable lots served by a single common private way.
E. 
Minimum Frontage Requirement. Any parcel of land that is to be subdivided into a residential compound shall have a minimum frontage of fifty (50) feet on a public street. All interior lots within the residential compound shall have physical access, with variable frontage lengths, to a private way. As a condition of approval, the Planning Commission must find that the proposed frontage for all lots shall ensure adequate vehicular access for normal and emergency purposes within the residential compound.
F. 
Private Way Requirements. The private way constructed to provide access to the lots in a residential compound shall connect to a public street, and shall not under any circumstances be connected to any other private way. For design standards of a residential compound private way, see the Charlestown Subdivision and Land Development Regulations.
G. 
Ownership and Maintenance of Private Way. The private way in a residential compound may be owned in common, in equal portions and in perpetuity by the property owners of each residential compound, or may be owned in fee by one landowner in the compound with easement rights provided to the other landowners within the compound. To ensure the maintenance of the private way, an applicant for a residential compound shall file with the Planning Commission a mandatory homeowners' association plan, which shall be a condition of approval of any residential compound. At a minimum, the mandatory homeowners' association plan shall provide for the maintenance of the private way, repair, snow removal, and other improvements that individual future homeowners may require, in accordance with this Ordinance and the Charlestown Subdivision and Land Development Regulations. The homeowners' association shall indemnify, hold harmless and release the Town from all liability and all damages resulting from any action brought by a third party, including individual future homeowners, in any court due to the failure of the homeowners to repair, use, or maintain the private way to the standards established by the regulations. The owner or owners of the private way, for themselves, their successors, heirs, and assigns in consideration of the Planning Commission approving a residential compound thereby waive all rights to have the private way accepted in the highway system of the Town of Charlestown pursuant to R.I.G.L. § 24-2-8.1.
H. 
Exception to Common Private Way. A residential compound may be developed without a common private way if it consists of two lots only, and one lot has the minimum required frontage on a public road for the respective zoning district. The second lot must have a minimum frontage of twenty-five (25) feet contiguous with that of the frontage lot. Access to the second lot may be by its own driveway from the public road, or by means of a common driveway and appropriate access easement.
I. 
Perimeter Buffer. The Planning Commission may require a vegetated buffer of open space, which may include wetlands, around the entire perimeter of the subdivision, excluding the private way, to provide a visual and audio screen between adjacent land uses, with consideration given to the presence of natural resources on an adjacent parcel that would be protected by a buffer. No structure may be built in the perimeter buffer, with the exception of stormwater control and drainage structures, and waterfront structures, such as docks, piers or boathouses. The width of the buffer shall be as determined by the Planning Commission, with consideration of the ameliorative effects of the following:
(1) 
Land adjacent to the residential compound which is already designated as open space, with evidence provided of its permanent protection.
(2) 
The existence of any substantial natural barrier on either the residential compound parcel or adjoining parcel that will serve as a permanent buffer.
(3) 
The presence of sensitive interior lands that would be better protected by perimeter development of the residential compound, as determined by an environmental analysis.
J. 
Restrictions. Any subdivision restrictions imposed by the Planning Commission shall be noted on the subdivision plan and in any deeds recorded in the Land Evidence Records of the Town conveying any lots in an approved residential compound. In addition, the following notations shall be added to the final plans:
(1) 
Each residential compound shall be limited to agricultural use, single-family residential use, and accessory uses customarily incidental and subordinate to such agricultural and single-family residential uses.
(2) 
The private way shall be privately maintained and shall remain permanently a private way, which shall not be extended. The owner or owners of the private way, for themselves, their successors, heirs and assigns hereby waive all rights to have the private way accepted into the highway system of the Town of Charlestown.
(3) 
No further division or subdivision of this approved residential compound lot shall take place at any future date.
K. 
Other Conditions. The Planning Commission may impose such other conditions it deems necessary to protect the public health, safety, and welfare, including but not limited to, drainage, building envelope, setbacks, roadway location, buffers, and lot arrangements.