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.
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.
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.