[Added 5-11-2005; amended 8-9-2006; 10-14-2009; 5-10-2017]
A.
A residential compound is a parcel of land containing lots for single-family
residential units and having an average density of no greater than
one dwelling unit per four acres of land.
B.
Residential compounds are intended to preserve the rural character
of the Town by permitting low-density residential development on large
parcels of land while relieving the applicant from compliance with
the design and improvement standards applicable to other subdivisions.
C.
The purpose of the residential compound is to provide qualified subdividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Planning Board determines that such alternative improvement standards will promote development of the parcel in the best interests of the Town, considering the factors specified in § 400-180 below. Denial by the Planning Board of a request to submit an application for a residential compound, or denial of a residential compound, shall not be construed as denial of the right to subdivide the property. The applicant shall retain all rights to appeal a decision to the Zoning Board of Review and/or to submit a plan which complies with the improvement standards for a conventional subdivision as set forth in Chapter 450, Land Development and Subdivision Regulations, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Residential compounds may be considered for any subdivision
of land accessed off of a Town or state owned public road, or a private
right-of-way existing on or before May 11, 2005 (date of enactment).
An applicant may petition the Planning Board for consideration of
a residential compound, or the Planning Board may suggest that a proposed
subdivision be developed as a residential compound. To qualify for
consideration as a residential compound, the property and proposed
subdivision must satisfy all of the following conditions; however,
satisfaction of all of the following conditions shall only result
in rendering the plan eligible for further consideration as a residential
compound and shall not be construed as approval:
A.
The subdivision must create at least one new lot, but shall not result
in the creation of more than four new lots in addition to the existing
lot and be located entirely in an RFR-2 Zoning District. (Note: An
owner of an RFR-1 parcel may petition the Board for consideration
of a residential compound.)
B.
The permitted uses, minimum lot sizes, and dimensional regulations
applicable to residential compounds shall be those provided in this
chapter for the RFR-2 Zoning District.
C.
A parcel proposed for development as a residential compound shall
have a minimum of 30 feet of continuous access to one state-owned
or Town-accepted street.
D.
Not more than one residential compound shall be created from any
one property existing on or after May 11, 2005, or within a conventional
subdivision.
E.
No more than five lots may derive access from or have frontage on
a residential compound road.
F.
The applicant proposing a residential compound off of an existing
private right-of-way shall demonstrate to the Planning Board that
the applicant has the legal ability to use the access for a subdivision/development.
A.
All lots created as part of a residential compound shall have frontage
on a private right-of-way with adequate physical access to a public
street. All private rights-of-way within a residential compound or
subdivision shall remain private in perpetuity. No private residential
compound right-of-way may be extended or connect to another private
right-of-way within another residential compound. At the time of final
approval, Town legal counsel shall approve the form and content of
a legal document, to be recorded simultaneously with the final plat,
which includes a covenant by the owner of the parcel, binding on his
successors and assigns, that the Town of West Greenwich shall not
be asked or required to accept or maintain the private streets within
the parcel, for a minimum of 99 years from the date of recording,
or, if only a lesser period is legally enforceable, for that period
with as many automatic renewals as are necessary to total 99 years.
Such restrictions shall state that any and all future expenses for
improvements to private streets (including drainage) to meet Town
requirements shall be borne by the owners of the property within the
residential compound.
B.
No lot or parcel which has been developed as part of a residential
compound shall be further subdivided or reduced in size, with the
exception of an administrative subdivision. Administrative subdivisions
shall be for the purpose of lot line adjustments only, and shall not
be intended to contribute developable area for an abutting residential
compound.
(1)
Land gained by an Administrative subdivision within the previous
five years shall not count towards the land area required for a residential
compound.
(2)
Administrative subdivisions may be permitted among residential
lots within the residential compound in accord with these regulations;
provided, however, that such transfers or lot line amendments maintain
conformity with the minimum dimensional standards contained in this
section of this chapter for each lot or lots so affected and the average
density within the approved residential compound remains at one dwelling
per four acres. This provision shall not prevent the development of
a residential compound in phases as long as future phases are clearly
designated as part of the initial preliminary plan submission.
(3)
Administrative subdivisions that propose the transfer of excess
land or open space to a parcel or parcels situated outside the residential
compound shall not be permitted.
C.
Land unsuitable for development, as that term is defined in Chapter 450, Land Development and Subdivision Regulations, § 450-8, may be included as part of any residential building lot; provided, however, that such land shall not be counted toward the minimum lot area required by this chapter for the RFR-2 Zoning District. Each lot within a residential compound must contain a minimum of 1.4 acres of contiguous suitable land.
D.
The private right-of-way shall be contained within defined (metes
and bounds) easements over the proposed lots, not as a separate lot,
and shall not count towards the minimum suitable land requirement.
E.
All land area within the residential compound in excess of that necessary
to meet the minimum lot area requirements of this chapter shall be
designated as extra area within one or more residential house lots.
F.
In approving a residential compound, the Planning Board must determine that all of the general requirements contained in Chapter 450, Land Development and Subdivision Regulations, Article III, have been met and in addition that one or more of the following design objectives are met in the proposed development plan:
(1)
The number of lots having direct egress onto existing public
streets is less than through conventional subdivision, and the number
of lots having frontage on existing public ways has been less than
through conventional subdivision.
(2)
Dwelling units and infrastructure will be constructed in a manner
which will have the least visual impact on the parcel of land in question
as viewed from the public way providing access to the compound, or
from adjacent residentially zoned properties.
(3)
Lots will be configured in a manner that preserves primary and
secondary resource areas on the tract or adjacent to the tract, such
as wetlands, watercourses or bodies, open fields, meadows, wildlife
habitat, steep slopes, or other significant areas.
A.
For the purpose of review and approval, residential compounds shall be considered minor subdivisions, and are subject to the same review and approval by the Planning Board under the provisions of Chapter 450, Land Development and Subdivision Regulations. Any proposed residential compound shall require a pre-application meeting with the Planning Board, and a public hearing in accordance with the public hearing and notice requirements section of the West Greenwich subdivision regulations. In addition to the submission requirements at the preliminary plan stage of review contained in the minor subdivision checklist, an application must contain the following information:
All common areas, drainage and other improvements within the
residential compound shall be privately owned and maintained in common
by the homeowners' association (HOA) for the residential compound.
At the time of final approval, the Planning Board shall approve the
form and content of a document or documents establishing the method
of ownership, and providing for maintenance of common areas, drainage
and other improvements.
A.
Streets and appropriate drainage facilities within a residential
compound shall be designed and constructed in compliance with this
section. The Planning Board shall have the authority to require additional
improvements in order to protect the public health, safety and welfare,
if warranted by the characteristics of the parcel, or if the street
will be used by persons other than residents of the compound.
B.
Private rights-of-way within a residential compound shall meet the
following design standards:
(1)
A right-of-way intersect width at the existing public road or
private right-of-way of at least 30 feet, for a distance of 50 feet.
(2)
A paved staging area of at least 50 feet in length from the
edge of pavement of the street it intersects with, with a minimum
width of 20 feet of pavement, and sloped not more than 4% grade for
the 50 feet it extends from the street line.
(3)
Where possible, a compound street center line angle intersection
with the street center line of 90° (perpendicular with the existing
road).
(5)
A wear surface, on that portion of the private right-of-way
extending beyond the staging area, of a minimum of 12 inches of graded
gravel, placed over a properly prepared base, graded and compacted
to drain from the crown at a slope of 2%.
(6)
Proper drainage appurtenances, where required, to prevent washout
and excessive erosion, with particular attention to the staging area,
so that water draining onto the street surface from the staging area
is eliminated to the maximum extent feasible.
(7)
A wear surface, on that portion of the private right-of-way
extending beyond the staging area, with a minimum width of 16 feet
for its entire length.
(8)
A cul-de-sac, or other teardrop or loop, of not less than 60
feet in radius provided at the end of each terminus, or alternatively,
a hammerhead design may be employed with dimensions as approved by
the Fire Chief and Director of Public Works.
C.
For residential compounds proposed off of an existing private right-of-way, the Planning Board shall require that the applicant improve the existing road to meet or exceed the minimum standard for the residential compound (Subsections A and B above), and if the existing private road will service a total of more than five lots, the Planning Board shall require improvements to exceed the minimum standards contained in Subsections A and B above, including but not limited to paving and drainage improvements. The applicant shall secure the permission and agreement of all parties with legal access to the private right-of-way to perform such upgrades and to be included in a maintenance agreement.
D.
Mailboxes shall be located at the entrance to the private right-of-way
for access from the Town road. Street numbers shall be clearly marked
in compliance with 911 laws.
E.
In the event that erosion is causing sediment for the compound to be deposited on Town roads, the compound will be in violation of Chapter 305, Soil Erosion and Sediment Control, and Chapter 450, Land Development and Subdivision Regulations. Owners of the compound lots will be required to take remedial action.
F.
Utilities such as electric, phone and cable are allowed to be above
ground.
All legal documents required under this article, including,
but not limited to, homeowners' association documents, declaration
of restrictions, easements, open space covenants, etc., shall be submitted
to the Town Solicitor for review and approval on or before the time
of final plan approval. The documents shall be recorded simultaneously
with the final plat in the Town of West Greenwich Land Evidence Records.
In addition, the developer shall give each original purchaser of a
lot in the residential compound a copy of all such documents.
A.
The final plat shall contain the following statement: "These premises
are subject to restrictions, conditions, covenants and easements that
are contained in instrument(s) recorded simultaneously with this Final
Plat Book ______ and Page(s) ______ of the Land Evidence Records,
and are incorporated herein by reference."
B.
The developer shall submit with the final plat a statement, in writing,
duly executed and acknowledged, and binding upon the developer and
the developer's heirs, devisees, executors, administrators, successors
and assigns, which statement shall be approved by the Planning Board
and be thereafter recorded simultaneously with the recording of the
approved final plat in the Town Clerk's office, and which shall contain
the following:
(1)
That the land lies within the approved private residential compound.
(2)
That development of the land is permitted only in accordance
with the land use approved by the Planning Board of the Town of West
Greenwich.
(3)
That no further development or subdivision of the private tract
or lots therein shall be permitted, with the exception of an administrative
subdivision.
